HomeMy WebLinkAboutResolution 2023-070 Authorizing Town Staff and Representatives to Acquire, by negotiation or condemnation, lands and property rights for Tangerine Road Corridor Widening Phase 2A and 2B MARANA RESOLUTION NO. 2023-070
RELATING TO PUBLIC WORKS; AUTHORIZING TOWN STAFF AND
REPRESENTATIVES TO ACQUIRE, BY NEGOTIATION OR CONDEMNATION,
LANDS AND PROPERTY RIGHTS NEEDED FOR THE FOLLOWING TOWN OF
MARANA PROJECTS: TANGERINE ROAD CORRIDOR WIDENING, PHASE 2A
(ST098), AND TANGERINE ROAD CORRIDOR WIDENING, PHASE 2B (ST060)
WHEREAS the Town of Marana is constructing or will soon begin constructing
the following Town projects: Tangerine Road Corridor Widening, Phase 2A (ST098), and
Tangerine Road Corridor Widening, Phase 2B (ST060) (the "Projects"); 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 Projects, (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
or condemnation of the Needed Property is necessary for the public health, safety and
welfare of the citizens of Marana.
NOW,THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The particular rights-of-way, easements, and other property rights that
constitute the "Needed Property" will be set forth on the right-of-way plans prepared for
each of the Projects.
Section 2. Town staff and representatives are hereby authorized and directed to
negotiate the Town's acquisition of the Needed Property based on offer amounts believed
to be just compensation as determined based on an independent fee appraisal or, if the
just compensation is believed to be $10,000 or less, on an internal market analysis.
Section 3. Before procuring an appraisal on any of the real estate included in the
Needed Property, Town staff and representatives are authorized to offer the owner the
Town staff's estimated cost of obtaining an appraisal.
Section 4. The Town Manager,Town Engineer,Town Real Property Manager,and
Town staff and representatives are hereby authorized to execute on the Town's behalf
any and all documents necessary to acquire the Needed Property on terms consistent
with sections 2 or 3 of this resolution.
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Section 5. If Town staff and representatives are unable to acquire the Needed
Property on terms consistent with sections 2 or 3 of this resolution, the Town Attorney is
hereby authorized and directed to bring one or more actions under the power of eminent
domain to acquire the Needed Property for just compensation as determined by the Court
or jury.
Section 6. Town staff and representatives are authorized to pay all survey,
environmental investigation, title, escrow, recording, and filing fees and costs associated
with these acquisitions.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 20th day of June 2023.
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
David L. U all, Town Clerk Ja e airall, Town Attorney
.41666*
MARANA AZ
ESTABLISHED 1977
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