HomeMy WebLinkAboutResolution 2003-116 acquisition of continental ranch property by eminent domain for a multi-use path adjacent to the santa cruz riverMARANA RESOLUTION NO. 2003-116
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 A 14-FOOT WIDE MULTI-USE PATH AND ASSOCIATED LANDSCAPING AND
OTHER AMENITIES ALONG A FOUR MILE SEGMENT OF THE CONTINENTAL RANCH
NEIGHBORHOOD ADJACENT TO THE SANTA CRUZ RIVER, AND DECLARING AN
EMERGENCY.
~c~ C. ~onson, Zoom Clerk
WHEREAS, it is necessary for the Town of Marana to acquire Common Area A1 of
Parcel 3 and Common Area B2 of Parcel 4 of Continental Ranch (the "Needed Property") in
connection with the construction of a 14-foot wide multi-use path and associated landscaping and
other amenities along a nearly four mile segment of the Continental Ranch neighborhood
adjacent to the Santa Cruz River; and
WHEREAS, fee title to the Needed Property is held by the Continental Ranch
Community Association (the "Association"), which is the master homeowners' association for
the Continental Ranch development; and
WHEREAS, the conditions covenants and restrictions goveming the Association's right
to convey common area make it impracticable to obtain the Needed Property by negotiation.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f
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 ' ag {{5° "?"; *~qa~' ~'~°aP°~U;[~'"~-~-*~~' ~'x4&~'4'"'~J¢%' ~~N
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