HomeMy WebLinkAboutResolution 2016-044 Acquistion of Santa Cruz River Shared Use Path El Rio to Avra Valley PK013F. ANN RODRIGUEZ, RECORDER
Recorded By: LW
DEPUTY RECORDER
41
SMARA
TOWN OF MARANA
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MARANA RESOLUTION NO, 2016 -044
RELATING TO PUBLIC WORKS; AUTHORIZING THE ACQUISITION BY
NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED
FOR THE SANTA CRUZ RIVER SHARED USE PATH EL RIO PARK TO AVRA VALLEY
ROAD, TOWN OF MARANA PROJECT NO. PK013
WHEREAS the Town of Marana is finalizing plans and preparations for the construction
of the Santa Cruz River Shared Use Path El Rio Park to Avra Valley Road, Town of Marana Pro-
j ect No. PK013, (the "SCR Path Proj ect "); 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 SCR Path Project, tall of
which interests in real estate are collectively referred to as the "Needed Property "); and
WHEREAS the right-of-way and construction plans for the SCR Path Project are suffi-
ciently 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, TI �EREFORI 4I, BE IT RESOLVED by the Mayor and Council of the Town of Ma-
rana, Arizona, as follows:
Section 1. The particular rights-of-way, easements, and other property rights that con.sti-
Lute the "Needed Property" are those set forth on the plan set prepared by the engineering firm
STANTEC entitled , TOWN OF MARANA PUBLIC WORKS DEPARTMENT CAPITAL IM-
PROVEMENT PROJECTS DIVISION SANTA CRUZ RIVER SHARED USE PATH EL RIO
PARK TO AVRA VALLEY ROAD PROJECrF NUMBER PK 013," the most recent iteration of
which is dated November 9, 2015.
Section 2. Town staff is hereby authorized and directed to negotiate the Town's acquisi-
tion of the Needed Property for its fair market value as determined based on an independent fee
appraisal.
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 j ust compensation as determined by the Court or j ury.
00046463. DOCX 11
1Zesolution No. 2010 -044 4/20/2016 1:201'M RIC~
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PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3 d da of Ma 2016.
Ma KrE Ed
ATTEST:
C el C. onson, Town Clerk
N
APPROVES AS T FORM:
Town Att
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00046463.DOCX /I
ReSOILItion No. 2016-044 - 2 - 412012016 1:20 PM FJC