HomeMy WebLinkAbout04/03/2007 Blue Sheet Silverbell Road Water Improvement Project Negotiation or Condemnation
AGENDA ITEM:
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE: April 3, 2007
TOWN OF MARAN A
1.3
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2007-49; Relating to Real Estate; authorizing the
acquisition by negotiation or condemnation of property rights
needed for the Silverbell Road Water Improvement Project.
DISCUSSION
The Town needs to acquire additional rights-of-way, easements and other property rights to
construct the Waterline Improvements on Silverbell Road.
The Town has retained an independent fee appraiser to appraise the properties as needed, and
Town staff will negotiate the purchase of the needed lands and property rights for their appraised
value. This resolution authorizes Town staff to execute all documents necessary to acquire the
needed lands and property rights for their appraised value as determined by the independent fee
appraIser.
This resolution authorizes the Town Attorney to begin condemnation proceedings to acquire the
needed lands and property rights if staff is unsuccessful in negotiating their purchase.
Town staff will make every reasonable effort to avoid referring acquisitions to the Town
Attorney for condemnation action.
RECOMMENDATION
Staff recommends Mayor and Council authorize acquisition by negotiation or condemnation of
lands and property rights needed for the Silverbell Road Water Improvement Project.
SUGGESTED MOTION
I move to adopt Resolution 2007-49.
{00004380.DOC I}}
Waterline Improvementfor Silverbell Road 3/26/2007 MF FJC
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MARANA RESOLUTION NO. 2007-49
RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF PROPERTY RIGHTS NEEDED FOR THE SILVERBELL ROAD
WATER IMPROVEMENT PROJECT.
WHEREAS, the Town of Marana needs to acquire certain rights-of-way, easements and other
property rights to construct the Silverbell Road Water Improvement Project (all of which interests in real
estate are collectively referred to as the "Needed Property"); and
WHEREAS, the Mayor and Council of the Town of Marana find that the acquisition of the
Needed Property is necessary for the public health, safety and welfare of the citizens of Mar ana.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,
Arizona, as follows:
Section 1. 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 internal valuation or independent
fee appraisal.
Section 2. Town staff is 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 3. 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 3rd day of April, 2007.
Mayor
APPROVED AS TO FORM:
ATTEST:
Frank Cassidy, Town Attorney
Jocelyn C. Bronson, Town Clerk
{000043 79.DOC I}
Waterline Improvements on Silverbe/l Road Condemnation Resolution
3/26/2007 1 :49 PM
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