City of Nogales


An Order of the Council of the City of Nogales, Arizona, authorizing a Condemnation Action, if necessary, to obtain Sewer Easements on two privately owned parcels within Nogales, Arizona


Department:Legal DepartmentSponsors:
Category:Legal Issue

Staff Summary



SUBJECT:   Authorizing the City Attorney to initiate condemnation proceedings in the superior court if necessary, to obtain sewer easements for a new sewer main construction project


BACKGROUND:  The sewer main draining the southern side of Western Avenue, which crosses Grand Avenue and passes under the Alamos Grand Plaza through the El Dorado Motel parking lot to the IOI, has completely collapsed and needs to be rebuilt.


After studying various possible alternative routes, the preferred option is to cross Grand Avenue in a new location slightly to the south of the old alignment, then across the northern 15 feet of the old Bud-Get Inn parcel, which is now vacant, and then north behind the Alamos Grand Plaza on the El Dorado Motel parcel to connect with the old alignment, and rebuild the sewer from that point to the IOI within the old alignment.


City staff have been negotiating with the two owners, Karime Gutierrez, who owns the parcel immediately to the south of the Alamos Grand Plaza and which is now vacant land, and Arun Patel, as president of NASPP, Inc., the owner of the El Dorado Motel parcel.  Staff has offered $5,000 and $10,000 to the owners, respectively, which staff believes is more than what an appraisal of the two easements would determine to be fair market value for the two easements.  Nevertheless, neither owner has agreed to dedicate the easements.


Time is of the essence in this matter because the interim solution, pumping wastewater across Western Avenue, is costly.


The City Attorney is therefore requesting authorization and direction to initiate a condemnation action, if necessary, to obtain from the two owners the required easements to allow the construction project to go forward.


TOTAL COST OF PROJECT(S): $5,000 and $10,000, respectively, from the sewer reserves line item of FY20 budget.

STAFF RECOMMENDATION:   Adopt order as presented.






              “I move to approve Order No: {ResNumFull}”