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HomeMy WebLinkAboutResolution 2013-092 santa cruz river shared use path phase IIIMARANA RESOLUTION NO. 2013-092 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE SANTA CRUZ RIVER SHARED USE PATH PHASE III, TOWN OF MARANA PROJECT NO. PK006 (2009-153-016). WHEREAS the Town of Marana needs to acquire certain rights-of-way, easements and other property rights to construct the improvements needed for the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016), (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Town staff is hereby authorized and directed to negotiate the Town's acquisition of the Needed Property for its fair market value as determined based on an independent fee appraisal. Section 2. Town staff is hereby authorized to execute on the Town's behalf any and atl documents necessary to acquire the Needed Property for its fair market value as determined based on an independent fee appraisaL Section 3. If Town staff is unable to acquire the Needed Property by negotiation, the Town Attorney is hereby authorized and directed to bring an action under the power of eminent domain to acquire the Needed Property for just compensation as determined by the Court or jury. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of October, 2013. ATTEST: Jocelyn C. ronson, Town Clerk Resolution No. 2013-092 ��� ; Mayor Ed onea �,,, APPROVED AS TO FORM: 9/23/2013 3:51 PM