Res 2639 Acquisition of Real Property and Temporary Construction Easement from TUHSD for Pedrestrian Bridge - 96th Ave. and Van Buren St. 04 28 26

WHEN RECORDED, RETURN TO: 
City of Tolleson 
City Clerk 
9055 West Van Buren Street 
Tolleson, Arizona 85353 
 
 
RESOLUTION NO. 2639 
 
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, AUTHORIZING THE ACQUISITION OF REAL PROPERTY AND A 
TEMPORARY CONSTRUCTION EASEMENT FROM THE TOLLESON UNION HIGH 
SCHOOL DISTRICT NO. 214, LOCATED NEAR 96TH AVENUE AND VAN BUREN 
STREET, FOR PUBLIC PURPOSES NECESSARY FOR THE CONSTRUCTION OF A 
PEDESTRIAN BRIDGE ACROSS VAN BUREN STREET; AUTHORIZING AND 
DIRECTING THE MAYOR, CITY MANAGER AND CITY ATTORNEY TO ACQUIRE TITLE 
TO SAID PARCEL OF REAL PROPERTY AND ACQUIRE THE TEMPORARY 
CONSTRUCTION EASEMENT ON BEHALF OF THE CITY BY DONATION, EMINENT 
DOMAIN OR PURCHASE FOR AN AMOUNT NOT TO EXCEED FAIR MARKET VALUE 
OF THE PROPERTY, PLUS ACQUISITION AND CLOSING COSTS; AND TO TAKE ALL 
ACTS NECESSARY TO ACQUIRE THE REAL PROPERTY AND EASEMENT; AND 
DECLARING AN EMERGENCY. 
 
 
WHEREAS, Van Buren Street is a principal arterial roadway carrying high-volume, 
high-speed vehicular traffic and presents a safety hazard for pedestrians, including students, 
parents, school staff, transit users, nearby residents, and members of the general public who 
must cross the roadway to access educational, civic, transit, and commercial destinations; and 
 
WHEREAS, the construction of a pedestrian bridge is important to address safety 
concerns for the public at large, including residents, transit users, and visitors, as well as the 
Tolleson Union High School District community, by providing a safe, grade-separated crossing, 
eliminating conflicts between pedestrians and vehicular traffic on Van Buren Street; and 
 
WHEREAS, the City of Tolleson requires the acquisition of a portion of real property 
owned by the Tolleson Union High School District No. 214 as well as a Temporary Construction 
Easement as described in Exhibit 1, attached hereto and made a part hereof, for the construction 
of the pedestrian bridge across Van Buren Street; and 
 
 
WHEREAS, the City Council finds that acquisition of the property and easement described 
above is necessary for public purposes to address safety concerns while crossing Van Buren 
Street; and that it is in the public interest to acquire such property and easement for the 
construction of a pedestrian bridge, and

CITY OF TOLLESON RESOLUTION NO. 2639 
APRIL 28, 2026 
PAGE 2 
 
 
 
WHEREAS, the Mayor and Council of the City of Tolleson has considered alternatives 
available to it, has balanced the public good and the private injury resulting from the acquisition 
of the property, and has determined that locating the public improvements on the property 
results in the greatest public good and the least private injury; and 
 
 
WHEREAS, the Mayor and Council of the City of Tolleson hereby further determine that 
the public use to which it is to be applied is a more necessary public use than the current, planned, 
or reasonably foreseeable use of the property for general school purposes, as it directly 
addresses immediate and ongoing threats to public health and safety affecting a broad segment 
of the community; and 
 
 
WHEREAS, the acquisition described herein has been designed and located so as to 
minimize interference with existing and future school operations, facilities, and educational 
activities, and represents the least intrusive means of achieving the public safety objectives of 
the project. 
 
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, as follows: 
 
Section 1.  Recitals.  The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2.  Findings of Necessity.  The City Council hereby finds and determines that: 
 
A. The acquisition is necessary for a public use; 
 
B. 
The public use is planned and located in the manner most compatible with the 
greatest public good and the least private injury; 
 
C. 
The proposed public use is a more necessary public use than the existing or 
potential use of the property for general school purposes; and 
 
D. 
The acquisition is required to protect public health and safety; and 
 
E. 
The City Council finds that no reasonable alternative location exists that would 
accomplish the same public safety objectives with less impact to the property owner. 
 
 
Section 3.  Authority to Acquire Property and Easements.  The Mayor, City Manager and 
City Attorney are authorized to acquire title to and possession of the real property described in 
Exhibit 1 and the Temporary Construction Easement described in Exhibit 2 by donation, eminent 
domain or purchase for an amount not to exceed fair market value, plus acquisition and closing 
costs.

CITY OF TOLLESON RESOLUTION NO. 2639 
APRIL 28, 2026 
PAGE 3 
 
 
 
Section 4.  Other Acts Necessary for Acquisition and Possession of Property.  The Mayor, 
City Manager and City Attorney are authorized to perform all acts necessary to acquire said 
property for the purposes described in this resolution on behalf of the City. 
 
 
Section 5.  Emergency.  That the immediate operation of the provisions of this Resolution 
are necessary for the preservation of the public peace, health, safety, and welfare of the citizens, 
in that savings of time and expense are currently available to both the City and property owner, 
and that public safety requires construction to commence on an expedited basis to protect the 
public, and that the Council therefore declares an emergency to exist, and that this Resolution 
shall be in full force and effect from and after its passage by the Council, as required by law. 
 
 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, 
on this 28th day of April, 2026. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney

EXHIBIT 1 
TO 
RESOLUTION NO. 2639 
 
[Legal Description and Depiction of Property] 
 
See following pages.

EXHIBIT 2 
TO 
RESOLUTION NO. 2639 
 
[Legal Description and Depiction of Property] 
 
(Temporary Construction Easement) 
 
See following pages.