HomeMy WebLinkAbout10/17/2006 Blue Sheet Barnett Linear Park Flood Control Channel Condemnation of Lands
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE:
TOWN OF MARANA
October 17 , 2006
AGENDA ITEM: I. 2
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2006-161 ; Relating to Real Estate; authorizing the
acquisition by negotiation or condemnation of lands and property
rights needed for the Barnett Linear Park Flood Control Channel,
Town of Marana Project No. 2003-16
DISCUSSION
The Town must acquire additional rights-of-way, easements and other property rights as needed
to construct the Barnett Linear Park Flood Control Channel, Project No. 2003-16.
The Town will retain an independent fee appraiser to appraise the properties and shall negotiate
the purchase of the needed lands and property rights.
If staff is unsuccessful in negotiating the purchase of the needed acquisitions, the Town may
need to file condemnation action and obtain immediate possession of the needed lands and
property rights in order to adhere to the project construction schedule. Staff will make every
reasonable effort to avoid referrals for condemnation action. If necessary, staff requests authority
from Mayor and Council to file condemnation actions to acquire lands and property rights for the
Barnett Linear Park Flood Control Channel, Project No. 2003-16
RECOMMENDATION
Staff recommends Mayor and Council authorize acquisition by negotiation or condemnation of
lands and property rights needed for the Barnett Linear Park Flood Control Channel, Project No.
2003-16.
SUGGESTED MOTION
I move to adopt Resolution No. 2006-161.
Barnett Channel Improvements 2003-16
Page 1 of 1
MARANA RESOLUTION NO. 2006- 161
RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE
BARNETT LINEAR P ARK FLOOD CONTROL CHANNEL, TOWN OF MARANA
PROJECT NO. 2003-16 .
WHEREAS, it is necessary for the Town of Marana to acquire right-of-way for the Barnett
Linear Park Flood Control Channel, Project No. 2003-16 (the "Needed Property"); and
WHEREAS, the Needed Property consists of rights-of-way, easements and other property rights
as needed to construct the Barnett Linear Park Flood Control Channel, Project No. 2003-16; and
WHEREAS, the Mayor and Council of the Town of Marana find that the public health, safety
and welfare necessitate the acquisition of the lands and property rights associated with the construction
of the Barnett Linear Park Flood Control Channel, Project No. 2003-16.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, authorizing and directing Town staff and attorney to enter into negotiations and if such
negotiations fail, to bring an action under the power of eminent domain to acquire the Needed Property
for its fair market value as determined based on an independent fee appraisal or based on a determination
of just compensation by the Court or jury.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 17th'day of October, 2006.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk
Frank Cassidy, Town Attorney
Barnett Channel Cond Reso
9/6/06 PS