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HomeMy WebLinkAboutResolution 2013-111 costco drive reconstruction projectMARANA RESOLUTION NO. 2013-111 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS, IF ANY, NEEDED FOR THE COSTCO DRIVE RECONSTRUCTION PROJECT, TOWN OF MARANA PROJECT NO. ST034 (2013-20). WHEREAS the Town of Marana's construction and maintenance of the Costco Drive Reconstruction Project, Town of Marana Project No. ST034 (2013-20), is anticipated to occur completely within existing public right-of-way, and is not expected to require the acquisition of addition rights-of-way, easements or other property rights; and WHEREAS this resolution is adopted in case the Town of Marana needs to acquire certain rights-of-way, easements and other property rights to construct the improvements needed for the Costco Drive Reconstruction Project, Town of Marana Project No. ST034 (2013-20), (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 all 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. Marana Resolution No. 2013-1 ll - 1- 11/25/2013 1227 PM BLB/FC PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 3rd day of December, 2013. ATTEST: � �:, � � f . ' -� � � :�? �.� l Mayor Ec� Honea APPROVED AS TO FORM: � _ _ �_�_ _ �/II/- ' - - - � A�`����� � '� �: � • � , .�i - o � Marana Resolution No. 2013-111 - 2- ll/25/2013 1227 PM BLB/FC �� I I I �# � �� w�����'�.