HomeMy WebLinkAboutResolution 2019-110 Approving the mediation agreement between the Town of Marana and Mandarina LLC MARANA RESOLUTION NO. 2019-110
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR
TO SIGN A MEDIATION AGREEMENT BETWEEN THE TOWN OF MARANA AND
MANDARINA, LLC, SETTLING TWO PENDING LAWSUITS REGARDING
ACQUISITION OF ADONIS ROAD RIGHT-OF-WAY AND ZONING ENTITLEMENTS
ASSOCIATED WITH THE MANDARINA PROPERTY LOCATED AT THE
NORTHWEST CORNER OF I-10 AND TANGERINE ROAD
WHEREAS the Town of Marana needs to acquire right-of-way for the Adonis
Road Extension, Town of Marana Project No. ST059, (the "Adonis Road Project"); and
WHEREAS the pending condemnation litigation Town of Marana v. Mandarina,
LLC, Pima County Superior Court No. C20184425, seeks to acquire property from
Mandarina, LLC for the Adonis Road Project (the "Needed Property"); and
WHEREAS pending litigation Mandarina, LLC v. Town of Marana, Pima County
Superior Court No. C20161982, arises out of a 2015 amendment to the Town's General
Plan that eliminated a planned future relocation of the Tangerine/I-10 interchange
northward to property owned by Mandarina, LLC, and the alleged effects of the
amendment on the zoning and value of the property owned by Mandarina, LLC; and
WHEREAS Town staff has negotiated a settlement with Mandarina, LLC for
acquisition of the Needed Property and settlement of the two pending lawsuits; and
WHEREAS the Mayor and Council of the Town of Marana find that this
resolution is in the best interests of the Town and its residents and citizens.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town
of Marana, Arizona, approving and authorizing the Mayor to sign a mediation
agreement with Mandarina, LLC in substantially the form set forth in the agenda
materials accompanying this resolution, settling the two pending lawsuits.
IT IS FURTHER RESOLVED that the Town's staff is authorized to execute all
other documentation and do all other things necessary or prudent to comply with the
terms of the mediation agreement.
00066228.DOCX/1
Marana Resolution No.2019-110 - 1 - 10/16/2019 11:53 AM
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN
OF MARANA, ARIZONA, this 29th day of October, 2019.
L
Mayor Ed Hon a
A�� APPRO AS TI, FORM:
A* le - . c ,
Cherry La son,Town Clerk Fra 4 Ca/.,, Town A -.rney
Al 46
MARANA AZ
ESTABLISHED 1977
00066228.DOCX/1
Marana Resolution No.2019-110 -2- 10/16/2019 11:53 AM