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Unincorporated
RESOLUTION
City of Chandler Right of Way Assistance
(ROAD FILE NO. A692)
C-64-xx-xxx-M-xx
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, City of Chandler has not been able to negotiate acquisition of certain rights of way needed for
its road improvement project 6ST692 (City of Chandler construction project number ST1804) that lies within
unincorporated Maricopa County, requiring that the right of way be acquired or condemned by Maricopa County,
and
WHEREAS, City of Chandler has petitioned the County to acquire or condemn right of way for portions of
their 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 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 City of Chandler to acquire right of way that is within
unincorporated Maricopa County 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, pursuant to A.R.S. § 28-6702(A)(3), a notice of a public hearing specifying the purpose, date,
time and location has been advertised once a week for two consecutive weeks in a newspaper of general
circulation in the county; and
WHEREAS, pursuant to A.R.S. § 28-6701(B), the County Engineer has recommended that a certain road
be established and the Board resolve to declare it into the county road system; the legal descriptions and plats or
maps of such road are attached; and
WHEREAS, the Maricopa County Board of Supervisors has determined that the road alignment is
necessary to provide a public highway, is needed by the County and may be established, opened and declared;
and
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 the road alignment is hereby established and
declared into the county road system pursuant to A.R.S. § 28-6701; and
BE IT FURTHER RESOLVED that the Clerk of the Board record this Resolution in the Office of the
Maricopa County Recorder to provide public notice of the establishment of such road(s) pursuant to A.R.S. § 28-
6701; and
BE IT FURTHER RESOLVED that the County Engineer be directed and authorized, and is hereby so
directed and authorized, to negotiate with owners of parcels 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
RESOLUTION
ROAD FILE A692
C64-XX-XXX-M-00
BE IT FURTHER RESOLVED that the County Attorney be directed and authorized, and is hereby 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 owners of such property, subject to the
approval of this Board.
BE IT FUTHER RESOLVED that the County Attorney is not obligated to present any settlement offers or
counteroffers received from property owners to this Board unless and until the County Engineer, Real Estate
Director, and the 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, this _______day of
________________________, 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