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RESOLUTION
City of Chandler Right of Way Assistance
(ROAD FILE NO. A723)
C64-XX-XXX-M-00
WHEREAS, pursuant to A.R.S. § 9-401(A), a city or town may purchase, lease, or rent land, whether
contiguous or noncontiguous, lying outside its corporate limits, for its purposes and uses; and
WHEREAS, the City of Chandler has not been able to negotiate acquisition of certain rights of way, lying
within unincorporated Maricopa County, needed for its road improvement project number 6ST692 (City of
Chandler construction project number ST1804), requiring that the right-of-way be acquired or condemned by
Maricopa County; and
WHEREAS, the City of Chandler has requested that the County either acquire or condemn right-of-way for
portions of the City’s project lying within the limits of the project design generally described as Chandler Heights
Road from McQueen Road to Val Vista Drive; and
WHEREAS, pursuant to an Intergovernmental Agreement between Maricopa County and the City of
Chandler, approved by the Board of Supervisors on March 27, 2019, and recorded as instrument number 2019-
0227878, the Board has authorized assistance to the City of Chandler to acquire right-of-way that is within
unincorporated Maricopa County for a City of Chandler road project; and
WHEREAS, A.R.S. § 28-6701(A) authorizes a county board of supervisors to establish, alter, or
abandon a highway in the county and other legal subdivisions and acquire real property for those purposes by
purchase, donation, dedication, condemnation, or other lawful means; and
WHEREAS, on August 6, 1917, the Board of Supervisors of Maricopa County, Arizona, declared certain
roads as described in the minutes of the Board dated August 6, 1917, recorded on August 25, 2022, as
instrument number 2022-0669561 and depicted in Book 1 of Road Maps, Page 28 to be county roads; and
WHEREAS, Maricopa County seeks to authorize the County Engineer, Real Estate Director, and
Maricopa County Attorney to take all steps necessary to obtain title to all property necessary to complete project
number 6ST692; and
WHEREAS, the Maricopa County Board of Supervisors has determined that the road alignment is
necessary to provide a public highway and is needed by the County and that right-of-way may be acquired.
NOW, THEREFORE, BE IT RESOLVED by the Maricopa County Board of Supervisors that its Chairman
execute this Resolution evidencing the determination by the Board that the road alignment is necessary to provide
a public highway and is, therefore, needed by the County, and that acquisition of right-of-way by donation,
purchase, or condemnation hereby is authorized; and
BE IT FURTHER RESOLVED that the County Engineer and Real Estate Director be directed and
authorized, and hereby are so directed and authorized, to negotiate with the owner(s) of parcel(s) of real property
required for the right-of-way of such public highway with the view of obtaining for Maricopa County such real
property, subject to the ratification and approval of this Board; and
BE IT FURTHER RESOLVED that the Maricopa County Attorney be directed and authorized, and hereby
is so directed and authorized, to initiate and prosecute actions and proceedings in the manner required by law to
condemn all property required for right-of-way that cannot be obtained by donation or purchase and negotiate,
together with the County Engineer and Real Estate Director, with the owner(s) of such property, subject to the
approval of this Board; and
RESOLUTION
ROAD FILE A723
C64-XX-XXX-M-00
BE IT FURTHER RESOLVED that the Maricopa County Attorney is not obligated to present any
settlement offers or counteroffers received from property owner(s) to this Board unless and until the County
Engineer, Real Estate Director, and Maricopa County Attorney determine it is appropriate to recommend to this
Board approval of such offers or counteroffers or upon receipt of an offer of judgment (Ariz. R. Civ. P. 68).
PASSED AND ADOPTED by the Board of Supervisors, Maricopa County, Arizona, ___________________, 2022.
ATTEST:
________________________________________ ________________________________________
Chairman of the Board of Supervisors Juanita Garza
Maricopa County
Clerk of the Board
APPROVED AS TO FORM and within the powers
and authority granted under the laws of the State
of Arizona
________________________________________
Legal counsel