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HomeMy WebLinkAboutResolution 2003-115 acquisition by eminent domain for property at tangerine/thornydaleMARANA RESOLUTION NO. 2003-115 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY EXERCISE OF THE POWER OF EMINENT DOMAIN AS NECESSARY FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS AT AND NEAR THE INTERSECTION OF TANGERINE AND THORNYDALE ROADS, AND DECLARING AN EMERGENCY. WHEREAS, it is necessary for the Town of Marana to acquire portions of Tax Parcel No. 219~36-006B described and depicted in Exhibit A attached to this resolution and any other reasonable modifications to the described property as may be approved by the Town Engineer (the "Needed Property") in connection with the construction of roadway improvements at and near the intersection of Tangerine and Thornydale Roads in the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, authorizing and directing the Town's staff and attorneys 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. IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace, health, and safety of the Town of Marana that this resolution become immediately effective; therefore, an emergency is hereby declared to exist and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7th day of October, 2003. Mayor )N, JR. ATTEST: ~in, To~Tvn Clerk ?,,,,.... APPROVED AS TO FORM: ~f~ CaTy, T6wn A~y Resolution No. 2003-115 LEGAL DESCRIPTION 15' X 350' TEMPORARY CONSTRUCTION EASEMENT TAX PARCEL 219-36-006B A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP SURVEY MONUMENT AT THE NORTHEAST CORNER OF SECTION 6 TOWNSHIP 12 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA FROM WHICH A BRASS CAP SURVEY MONUMENT AT THE SOUTH QUARTER CORNER OF SAID SECTION 31 BEARS SOUTH 89°47'48" WEST, A DISTANCE OF 2516.44 FEET; THENCE SOUTH 89°47'48'' WEST ALONG THE SECTION LINE COMMON TO SAID SECTION 6 AND SAID SECTION 31, A DISTANCE OF 1025.00 FEET; THENCE NORTH 00°12'12'' WEST DEPARTING SAID SECTION LINE, A DISTANCE OF 50.00 FEET TO A POINT ON ~ NORTHERLY RIGHT-OF-WAY LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS PAGE 83 RECORDS OF PIMA COUNTY, ARIZONA SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°12'12'' WEST DEPARTING SAID NORTHERLY RIGHT- OF-WAY LINE, A DISTANCE OF 15,00 FEET; THENCE NORTH 89047'48'' EAST, A DISTANCE OF 350.00; THENCE SOUTH 00°12'12" EAST, A DISTANCE OF 15.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID TANGERINE ROAD; THENCE SOUTH 89047'48'' WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 350.00 TO THE POINT OF BEGINNING. CONTAINING 5250 FEET MORE OR LESS. MICHAEL L. SCHLOEMAN, R.L.S. S 5JOBS~3592~3592-924\TCES~LEGALS\l 5X350 TAX PARCEL 219-36-006B.doc LEGAL LOG 801 Page Iofl LEGAL DESCRIPTION RIGHT-OF-WAY TAKE TAX PARCEL NO. 219-36-006B A PORtiON OF THE SOUTHEAST QUARTER OF SECTION 3 I, TOWNSHIP I 1 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDI.Mq, PIMA COUNTY, ARIZONA, S.MD POR~ON BEEqG DESCRIBED AS FOLLOWS: CO3D'IENCE~'G AT THE SOI3-i"HEAST CORaNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 00°06'40'' WEST, Ai~ONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISYANCE OF 50.00 FEEY TO 'THE NORTH RIGHT-OF-WAY LINE OF T.(NGERrNE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS AT PAGE 83, RECORDS OF S.a/D PIMA COUNTY; ' THENCE SOUTH 89034'34'' WEST, ALONG SAID NORTH RIGHT-OF=WAY LINE, A DISTANCE OF 30.00 FEET TO TIiE WEST RIGHT-OF-WAY LINE OF THORNYDALE ROAD AS DESCRIBED IN EST. MBLISHMENT PROCEEDINGS NO. 273A, SAID POLNrr BEING THE POLAr OF BEGINS'LNG; THENCE SOUTH 89°34'34" V~'EST, CO1VIINUING ALONG SA/D .NORTH RIGHT-OF- WAY L~E A DISTANCE OF 78.64 FEET; THENCE NORIH I3°30'31" E43T A DISTANCE OF 333.95 FEET TO THE AFORF~.4.ID · WEST RIGHT-OF-WAY L]!WE OF THORNYDALE ROAD; ~'CE SOUTH 00°06'40" ii. ST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 324.13 FEET TO THE POIA"I? OF BEGINNING. SAID PORTION CO.N'rAIN~G 12,745 SQUARE FEET OR 0.293 ACRES, MORE OR LESS. LEGAL LOG NO. 523 P~g: I of I 1~X35~ TEMPORARY CONSTRUCTION EASEMENT IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA NORTH SCALE: 1 "=80' TAX PARCEL #219-36-006B 89'47'4.8" E $50.00' 11,3 S 89'47'48" i/Y 1025.00' S 89'47'48" W 2516.44' TANGERINE ROAD BK. 7 R.M. PC,. 83 ~, BCSM ~ I T.~2S. R.~3£ I FOUND N 89'34'34" E/' 117.5,5' UNE TABLE NUMBER DIRECTION D/STANCE LI N 00'12'12" ~ 50.00' 1.2 N 00'12'12" i,I/ 15.00' L3 S 00'12'12" E 15.00'  TETRA TECH, INC. ~. AZ 8570~ [520~ ~23--7~80