HomeMy WebLinkAboutProperty - Acquisitions - 902 04 Condemnation Action for Temporary Construction Easement Over Portion of Fry's Shopping Center RESOLUTION NO. (R) 04-42
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 A TEMPORARY
CONSTRUCTION EASEMENT OVER A PORTION OF THE FRY'S
SHOPPING CENTER PROPERTY LOCATED AT 10661 N. ORACLE
ROAD IN ORO VALLEY, PIMA COUNTY PARCEL NUMBER 220-09-
0230 TO FACILITATE CONSTRUCTION UNDER THE ORACLE ROAD
IMPROVEMENT DISTRICT 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, Oro Valley has the requisite statutory authority to acquire, own, operate and
maintain roadways for the benefit of the residents of the Town of Oro Valley; and
WHEREAS, on July 11, 2003, the Council adopted Resolution No. (R) 03-65, which established
the Oracle Road Improvement District ("ORID"); and
WHEREAS, on September 15, 2003, the Council adopted Resolution No. (R) 03-78, which
directed the Town's Director of Public Works to prepare final plans and specifications and bid
the ORID work, and further directing the ORID work to be completed; and
WHEREAS, in order to begin and complete the ORID work in a timely manner, it is necessary
that the Town acquire by eminent domain a temporary construction easement over a portion of
the Fry's Shopping Center property located at 10661 N. Oracle Road in the Town of Oro Valley
as depicted in Attachment 1; 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 against the property depicted in Attachment 1, in order to ensure that the Town
begin and complete the ORID construction work in a timely manner.
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 temporary construction easement depicted in Attachment 1,
attached hereto and incorporated herein by this reference.
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.
F:\Resolutions\Frys Const Easement Condemnation.doc Office of the Oro Valley Town Attorney!ca 033004
ANDADOPTED bythe Mayor and Town Council of the Town of Oro Valley,
PASSED Y
Arizona this 5th day of May, 2004.
TOWN OF ORO VALLEY
Paul H. Loomis, Mayor
ATTEST:
ezmffe.e.,:
Kath n E. Cuvelier, Town Clerk
APPROVED AS TO FORM:
Mark J. Langlitz, T."n A tto y
Office of the Oro Vallee Town Anorney/ca 033004
FAesolutionsTrys Const Easement Condemnation.doc
. w
ATTACHMENT 1
LEGAL DESCRIPTION OF PROPERTY
TO BE CONDEMNED
Office of the Oro Valley Town Attorney-/ca 033004
F:\Resolutions\Frys Const Easement Condemnation.doc
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03/09/2004 04 33 19 PM
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