R26-08

RESOLUTION NO. R26-08 
 
A RESOLUTION OF THE COUNCIL OF THE CITY OF 
GLENDALE, 
MARICOPA 
COUNTY, 
ARIZONA, 
AUTHORIZING 
THE 
ACQUISITION 
OF 
REAL 
AND 
PERSONAL PROPERTY INTERESTS NEEDED FOR THE 83rd 
AVENUE FROM GLENDALE TO NORTHERN CAPITAL 
IMPROVEMENT PROJECT (CIP 202121). 
 
 
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: 
 
WHEREAS, the Mayor and Council of the city of Glendale previously approved the 
Capital Improvement Project (CIP 202121) for 83rd Avenue from Glendale to Northern to widen 
and improve the roadway (the "Project”); and 
 
WHEREAS, the Project will reconstruct 83rd Avenue from Glendale to Northern to 
improve traffic circuity, improve the ADA Ramps, install curb and gutter and complete concrete 
repair work as well as install a bike lane on the west side of the road. 
 
WHEREAS, design plans for the Project Improvements are 60% complete and the City's 
design consultants have identified the portions of real property over which right of way will be 
required; and 
 
WHEREAS, staff is hereby authorized and directed to acquire, by dedication, donation, 
purchase, or the exercise of the power of eminent domain, the right-of-way in fee, permanent right-
of-way easements; Public Utility Easement and Temporary Construction Easements within the 
areas described and depicted in Exhibit "A" attached hereto as determined by the final engineering 
design plans and any personal property located within the right-of-way and easements being 
acquired that will need to be removed or that will be damaged to accommodate the Project 
Improvements. Written offers and purchase agreements for the real and personal property interests 
to be acquired shall be in a form approved by the City Attorney or designee; and 
 
WHEREAS, the city of Glendale has considered alternatives available to it, has balanced 
the greater public good and the least private impact that will result from the City's acquisition of 
the real property interests necessary for the completion of the Project Improvements and, the 
removal of any personal property thereon if required to accommodate the Project Improvements; 
and 
 
WHEREAS, the city of Glendale has determined that the acquisition of the right-of-way, 
permanent easements, temporary construction easements, and real property as described above 
within the areas described and depicted in Exhibit "A" attached hereto results in greater public 
good and the least private impact. 
 
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 
GLENDALE as follows:

SECTION 1. The Council of the city of Glendale finds that the acquisition of right-of-way 
in fee, permanent right-of-way easements; Public Utility Easements and Temporary Construction 
Easements within the areas described and depicted in Exhibit "A" attached hereto and any personal 
property located within the right-of-way and easements being acquired that will need to be 
removed or that will be damaged to accommodate the Project Improvements is needed for the 
completion of CIP 202121 Improvements Project and the securing of immediate possession of 
such real and personal property interests is for a necessary public purpose and is in the best interest 
of the citizens of the city of Glendale. 
 
 
SECTION 2. If city staff is not able to acquire the real and personal property interests 
needed for the completion of the Project Improvements by dedication donation, or purchase within 
a reasonable period of time, the City Attorney, or his designee is hereby authorized and directed 
to commence or cause the commencement of condemnation proceedings, through the exercise of 
the power of eminent domain, to acquire, in the name of the City of Glendale, the real and personal 
property interests needed for the construction of the Project Improvements and to secure immediate 
possession of such real and personal property interests. The City Attorney and/or his designee are 
further authorized and directed to undertake all actions and to perform all acts necessary in 
furtherance of the acquisition of such real and personal property interests. 
 
 
SECTION 3. The City Manager, or designee, are expressly authorized to take all actions 
and execute all documents necessary to acquire the real and personal property interests needed for 
the completion of the CIP 202121 for 83rd Avenue from Glendale to Northern Project as 
authorized herein, and to carry out the intent of this Resolution. 
 
Resolution shall be effective upon the date of its adoption. 
 
 
PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of 
Glendale, Maricopa County, Arizona, this 27th day of January, 2026. 
 
 
 
 
                                                    
 
 
Mayor Jerry P. Weiers 
ATTEST: 
 
                                                              
Julie K. Bower, City Clerk             (SEAL) 
 
APPROVED AS TO FORM: 
 
                                                              
Michael D. Bailey, City Attorney 
 
REVIEWED BY: 
 
                                                              
Patrick S. Banger, City Manager

EXHIBIT “A” 
Right of Way Strip Map