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HomeMy WebLinkAboutResolution 89-030 condemning certain property in honea heights through eminent domain RESOLUTION NO. 89-30 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OFMARANA, ARIZONA CONDEMNING CERTAIN PROPERTY FOR PUBLIC USE WHEREAS, the Town is empowered, pursuant to the right of Eminent Domain to condemn properties for public uses for the benefit of the Town; and WHEREAS, the Town is empowered, pursuant to the right of Eminent Domain, to condemn property construction of canals, conducting water for the use of the inhabitants of the Town; and WHEREAS, of Eminent Domain, aqueducts, flumes, ditches or for the acquisition of or or pipes for for drainage the Town is empowered, pursuant to the right to condemn property to acquire or construct reservoirs, canals, ditches, flumes, aqueducts and pipes for the use Of the Town or its inhabitants to supply water for irrigation, domestic and other needful purposes; and WHEREAS, the Town is empowered, pursuant to A.R.S. Section 9-514, to construct, purchase, acquire or lease a water utility; and WHEREAS, the Town Council has determined that the taking of the property more particularly described in Exhibit A attached hereto and made a part hereof is necessary for the foregoing uses, all of which are authorized by law. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town of Marana, Arizona that the proper~y, more particularly described in Exhibit A, attached hereto and made a part hereof, 1111 et seq. BE is hereby condemned pursuant to A.R.S. Section 12- for use by the Town as part of its water utility. IT FURTHER RESOLVED, t~at the Town Attorney is hereby authorized to proceed, pursuant to A.R.S. Section 12-1116, with a condemnation action relating to the foregoing property. WHEREAS, the immediate operation of this Resolution is necessary for the preservation of the public peace, health and safety of the Town of Marana, Arizona, an emergency is hereby declared to exist, and this Resolution shall be in full force and effect from and after its passage and adoption. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 5th day of September, 1989. MAYOR ATTEST: APPROVED AS TO FORM: EXHIBIT "A" Real Property Pump Station No. 1 comprising a lot whose southwest corner is located approximately 140 feet east of the existing property line, thence 95 feet east, thence 150 feet north, thence 95 feet west, thence 150 feet south to the southwest corner, as to be more specifically legally described by survey performed by Purchaser prior to closing. Pump Station No. 2 comprising all of Lot 51, Honea Heights Subdivision, being a subdivision of part of the N1/2 of the NW 1/4 Section 33, T 11 S, R 11 E, G&SRB&M, Pima County, Arizona. Personal Property Pump Station No. 1: All fixtures and improvements located thereupon, not limited to: Well and casing (10" diameter, 500' deep) 25 HP vertical turbine pump pump column, tube, shaft (350 LF) pump motor pump discharge head 5 HP horiz. cent. pump 5,000 gallon steel tank 20,000 gallon concrete tank electrical controls yard piping and valves including, but Pump Station No 2: All fixtures and improvements not limited to: Well and casing (10" diameter, 30 HP submersible pump pump column pipe (350 LF) 7 1/2 HP horiz. cent. pump 5,000 gallon steel tank 20,000 gallon concrete tank electrical controls yard piping and valves fencing (420 LF) located thereupon, including, 505' deep) but Exhibit "A" Continued Distribution System: All fixtures and improvements constitdting the water distribution system connecting Pumping Plants No. 1 and No. 2 to customer meters throughout the system, including, but not limited to: 1,500 lineal feet of 4" 2,520 lineal feet of 3" 5,600 lineal feet of 2" 1,330 lineal feet of 3" 80 lineal feet of 2" 580 lineal feet of 2" 550 lineal feet of 1 1/2 diameter transire (AC) pipe diameter plastic (PVC) pipe diameter plastic (PVC) pipe diameter plastic (ABS) pipe diameter plastic (ABS) pipe diameter steel (galv.) pipe "diameter steel (galv.) pipe 30 gate valves 2" diameter and 3" diameter 184 service connections 184 meters and boxes Certificate of Convenience and Necessity as issued by the Arizona Corporation Commission in Docket No. U-1457 for the NW 1/4 of Section 33, T 11 S, R 11 E, G&SRB&M, Pima County, Arizona Pima County Franchise as issued by the Pima County Board of Supervisors for the use of Pima County right-of-way for water utility purposes. All books and records necessary for the continued operation of the water utility by Purchaser including the names and addresses and account numbers of all customers, meter size, and other necessary information. All easement agreements entered into by or for the benefit of Honea Water Company for use by the Honea Water Company for the purposes of installing, maintaining, operating, replacing and repairing its water system and lines. All water rights appurtenant to the wells being transfered hereunder.