HomeMy WebLinkAboutEasements - 2/22/2006, Resolution 06-08 Town Atty, to file a Condemnation Action to acquire Easement across fake RESOLUTION NO. (R) 06- 08
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF ORO
VALLEY, ARIZONA, AUTHORIZING THE TOWN ATTORNEY TO FILE A
CONDEMNATION ACTION TO ACQUIRE AN EASEMENT ACROSS THE FAKE
PROPERTY, OTHERWISE KNOWN AS LOGAN'S CROSSING, AND DECLARING
AN EMERGENCY TO EXIST.
WHEREAS, Oro Valley is a municipal corporation within the State of Arizona and is vested
with all the rights, privileges and benefits and entitled to the immunities and exemptions granted
to municipalities and political subdivisions under the Laws of the State of Arizona; and
WHEREAS, pursuant to A.R.S. § 12-1111, the Town has the right to seek condemnation of the
easement as long as the easement will be exercised for public use and compensation be made for
the taking; and
WHEREAS, the Town requires the easement for a public right-of-way for non-motorized, multi-
use easement for the public; and
WHEREAS, the property in question, is located within the Town, as depicted in Exhibit "A",
attached hereto, is necessary to continue use of that property for a non-motorized, multi-use trail;
and
WHEREAS, the Town Council deems it necessary and in the interest of the residents of the
Town of Oro Valley to authorize the Town Attorney to proceed with formal condemnation
proceedings to acquire the easement across the Fake property, otherwise known as Logan's
Crossing for use as an equestrian trail and a non-motorized, multi-use trail.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council of the Town of
Oro Valley, Arizona, that the Town Attorney is hereby authorized to proceed with the filing of a
condemnation action to acquire the easement (as more particularly described in Exhibit "B"
attached hereto).
BE IT FURTHER RESOLVED that it is necessary for the preservation of the health and safety
of the Town of Oro Valley, Arizona that an emergency is declared to exist and this Resolution
shall become immediately operative and in force from and after the date of adoption hereof.
PASSED AND ADOPTED by the Mayor and Town Council of the Town of Oro Valley,
Arizona this 22nd day of FEBRUARY , 2006.
TOWN OF ORO VALLEY
awl �
Paul H. Loomis, Mayor
F:\Com Dcv\Parks&RecTrojects\Logan's Crossing Esquestrian Trail\011806 Resolution-Condemnation.doc Town of Oro Valley Attorney's Office/ca/012506
ATTEST: APPROVED AS TO FORM:
Kathryn E. Cuvelier, Town Clerk elinda Ga► a .n, Town Attorney
F:\Com Dev\Parks&Rec\Projects\Logan's Crossing Esquestrian Trail\011806 Resolution•Condemnation.doc Town of Oro Valley Attorney's Offcelca/012506
EXHIBIT GG 55
MAP OF PROPERTY
F:K.om Dc•r\Patks&Act\Projccts\L.ogan's Gossinp Esqucstrian 1.61%011806ur
11806 Rcsolurion-Condcrtarion.doc 1o' 01 Oro Valley Mrorncv's Off oko�012506
PROPERTY IDENTIFICATION Mt. PART TO BE ACQUIRED
. 1
L / - l
/ ' / I I
\ / / I I
I \ / I I
I,.4
/ �� ' 5A01 VALLE'll, 8001\' 44 PAGE 3B M$P
`\ / / / •o L0T29
00, .,„„,
/ / ,\ , , / 1,,
-.)
./ /'b '1,°' s I I
, \ Ste,ste, >0,
I I
N
. <-
i
,',.,‘• -<,;i * f ge>
99
/'�ti�.' O,'34, 10.00' •
�� 9. I I
�ti'
`' 6Multiple e Use / Non-Motorized Trail I I
��� /0' pI I
Easement I
Lei' 28
�< I
sf rlY)i r ,'1
'
��, 10' EOUESTRIAN EASEMENT '
mss_ 4 BOOK 44 PAGE 38 M&P 7
s /,-,‘ ,
/
/
v-ii, A ()1 ,
"fpal ' 1\1. 7
C, // CAirt 06
6w :4 7'
�
- // 87 a
///' KENW. .
HENS -
LOT 27 LOT 34 7
s
1 A
' AAA.. WAWA_2,4d I
• J7P,, 1
/ /
/ /
��' SHT, N0.
REVISIONS
5L L 1'5 OF 5L
DRAWN BY: T.M.S. UE•S TR/A N PURPOSES OVER A PORTION OF LOT I OF 1
AN EASEMENT FOR EO r PA GE 38 OF
DATE: 2/3/06 28 OF SADDLE VALLEY Il AS SHOWN IN BOOK 41 A
D . NO.: 00057EXB.DWG
PIMA COUNTY, MAPS AND PLATS, PIMA COUNTY, ARIZONA.
APPROVED BY: A.W.S. t
EXHIBIT “B”
LEGAL DESCRIPTION OF PROPERTY
F:K.om Dev\Parks&Ra\Projecl\Lopsn's CGossinp Esquesv)an TrsilW 11606 Roolution-Gondvnnstion.doc 10.71 of Oro valley Attorney's Office/La/012506
• . J
PROPERTY IDENTIFICATION—PART TO BE ACQUIRED
According to a survey performed by Hawk eye Engineering, the Part to be Acquired
consists of 2,499.2 square feet and is legally described as follows:
MULTIPLE USE / NON-MOTORIZED
TRAIL EASEMENT DESCRIPTION
An easement for equestrian purposes, 10 feet in width over Lot 28 of Saddle Valley I1, a
subdivision of Pima County, Arizona,as recorded in Book 44, page 38 of Maps and Plats in the
Office of the Recorder of said Pima County, and lying within Section 14, Township 12 South,
Range 13 East, Gila and Salt River Meridian,Pima County, Arizona, described as follows:
The southwesterly 10.00 feet of Lot 28 as it adjoins Lot 27 on said plat of Saddle Valley II;
The sidelines of said easement to be shortened or lengthened to intersect the southeasterly right-.
of-way line of Saddlehorn Drive and to intersect the southeasterly line of said Lot 28;
Containing 2497.square feet of land, more or less.
LANE,
3187 ,,L
ALAN Vi. S:3)P
STEP-HENS S
0 2J
s'9ned/
1VA U.S!*._
,.1 - e"' - 1!�'.�,�
a .
Southwest Appraisal Associates