R26-38

RESOLUTION NO. R26-38 
 
A RESOLUTION OF THE COUNCIL OF THE CITY OF 
GLENDALE AUTHORIZING THE ACQUISITION OF REAL 
AND PERSONAL PROPERTY INTERESTS NEEDED FOR THE 
74TH AVENUE AND CLAREMONT SCALLOP STREET 
PROJECT. 
 
 
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 Capital 
Improvement Project (CIP) CIPST22065 74TH Avenue and Claremont Scallop Street Project (the 
"Project”); and 
 
WHEREAS, the Project will widen the roadway at 74th Avenue and Claremont to align 
with the new right of way limits associated with development to the east; and 
 
WHEREAS, design plans for the Project Improvements are 90% 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" hereto results in greater public good and 
the least private impact. 
 
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GLENDALE as follows: 
 
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 CIPST22065 74TH Avenue and Claremont Scallop Street 
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. 
 
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. 
 
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 CIPST22065 74TH Avenue and Claremont Scallop Street Project as 
authorized herein, and to carry out the intent of this Resolution. 
 
Resolution R26-38 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 28th day of April, 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