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HomeMy WebLinkAboutResolution 2016-022 Approving Tangerine Corridor Acquistion RTA ST021MARANA RESOLUTION NO. 2016 -022 RELATING TO PUBLIC WORKS; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE rTANGERINE CORRIDOR/TANGERINE ROAD, TWIN PEAKS TO LA CANADA DRIVE, rfOWN OF MARANA PROJECT NO. 2005 -061 (RTA ST021) WHEREAS the Town of Marana is constructing the Tangerine Corridor /Tangerine Road, Twin Peaks to La Canada Drive, Town of Marana Project No. 2005 -061 (RTA ST021), (the "Tangerine Road Project"); and WHEREAS the Town of Marana needs to acquire certain rights-of-way, easements and other property rights to construct the improvements needed for the Tangerine Road Project, (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS the Marana Town Council adopted Resolution No. 2014 -089 on October 7, 2014, authorizing the acquisition of the Needed Property; and WHEREAS the right-of-way and construction plans for the Tangerine Road Project are sufficiently finalized for the Needed Property to be specifically identified on a parcel by parcel basis; 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. The particular rights -of way, easements, and other property rights that constitute the "Needed Property" are those set forth on the following plan sets prepared by the engineering firm P SOMAS : A. The construction plans entitled "TANGERINE ROAD DOVE MOUNTAIN BLVD TO LA N CANADA DR ROADWAY AND DRAINAGE IMPROVEMENTS" and identified as "T.O.M. PROJECT NO. ST021," the current (Stage V) version of which consists of 613 pages B. The right-of-way/record of survey plans entitled "RECORD OF SURVEY FOI2. TANGERINE ROAD CORRIDOR FROM DOVE MOUNTAIN BOULEVARD TO LA CANADA DRIVE" and identified as "T.O.M. PROJECT NO.: ST021, " the current (Stage V) version of which consists of 33 pages ( "RW 01- 33 "). Section 2. 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. 00045376.DOCX 11 Marana Resolution No. 2016 -022 2/18/2016 2:10 I'M FX Section 3. The Town Manager, Town Engineer, and Town staff are 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 4. 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 1 st day of March, 2016. r Mayor Ed one a ATTEST: APPROV AS O FORM: G 5 1 6 celyn Bronson. rl'own Clerk Fr nk Cass' y, Town At 00045376.DCCX I1 Marana Resolution No. 2016 -022 -2- 211812016 2:14 PM FJC