HomeMy WebLinkAboutResolution 2004-125 acquisition by negotiation or condemnation of right-of-way for the extension of Marana Main Street north of Grier Road F. ANN RODRIGUEZ, RECORDER
RECORDED BY: D K
DEPUTY RECORDER
TOWN OF MARANA
ATTN: TOWN CLERK
13251 N LON ADAMS RD
MARANA AZ 85653
DOCKET: 12370
PAGE: 2910
NO. OF PAGES: 1
SEQUENCE: 20041620644
08/20/2004
RES 16:55
MAIL
AMOUNT PAID $ 8.00
MARANA RESOLUTION NO. 2004-125
RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION
OR CONDEMNATION OF RIGHT-OF-WAY FOR THE EXTENSION OF MARANA MAIN
STREET NORTH OF GRIER ROAD; AND DECLARING AN EMERGENCY.
WHEREAS, it is necessary for the Town of Marana to acquire right-of-way for Marana
Main Street from Grier Road to Sandario Road (the "Needed Property"); and
WHEREAS, fee title to the Needed Property is the subject of currently pending litigation
between the Gee and Hum families on one side and Barrios de Marana I, L.L.C., on the other in
the case Barrios de Marana I, L.L.C.v. Hum, Pima County Superior Court No. C20024018 (the
"Barrios de Marana litigation"); and
WHEREAS, judgment was entered in the Barrios de Marana litigation on July 30, 2004,
giving judgment in favor of Barrios de Marana; and
WHEREAS, the filing of an appeal in the Barrios de Marana litigation would make
reaching a prompt negotiated acquisition of the property extremely complicated and problematic.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing and directing the Town's staff and attorney to enter into
negotiations and if such negotiations fail, 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 17th day of August, 2004.
ATTEST: ~ [ 8a~_,AI~ ~ ~PPROV~ED AS TO FORM:
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{0000~146.DOC /} FJC/cdx 8/6/05