Resolution

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RESOLUTION NO. 12519 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESA, 
ARIZONA, DIRECTING STAFF TO CONTINUE NEGOTIATIONS TO 
ACQUIRE 
CERTAIN 
REAL 
PROPERTY 
RIGHTS 
NEEDED 
FOR 
CONSTRUCTION OF THE PECOS RELIEF SEWER PROJECT; AND, TO 
AVOID UNNECESSARY EXPENSE AND DELAY, AUTHORIZING AND 
DIRECTING THAT EASEMENTS OR OTHER INTERESTS IN AND 
POSSESSION OF CERTAIN REAL AND PERSONAL PROPERTY BE 
ACQUIRED BY THE CITY OF MESA THROUGH EMINENT DOMAIN AS A 
MATTER OF PUBLIC USE AND NECESSITY FOR THE PECOS RELIEF 
SEWER PROJECT.  
 
Whereas, the City of Mesa will be constructing certain improvements for the Pecos Relief Sewer 
Project, CP1185NS03, located on East Pecos Road between Power Road and the Roosevelt Water 
Conservation District canal (the “Project”).  
 
Whereas, before the improvements for the Project can be constructed, it is necessary for the City 
to acquire certain real property rights, including a sewer line easement in, over, under, and across 
the real property legally described and depicted on the attached Exhibit A (the “Easement”).  
 
Whereas, an independent appraiser retained by Real Estate Services appraised the necessary 
Easement in April 2026. 
 
Whereas, to ensure that the necessary real property rights and Easement for the Project are 
acquired, to expedite the construction of the Project, and to avoid unnecessary expense and delay, 
City staff seeks City Council authorization to acquire the necessary real property rights and 
Easement through eminent domain. 
 
 
Whereas, the City Council has considered available alternatives, balanced the public good and 
the private injury resulting from the acquisition of the real property rights and Easement, and 
determined that locating the public improvements for the Project on the real property legally 
described and depicted on the attached Exhibit A results in the greatest public good and the least 
private injury. 
 
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MESA: 
 
Section 1: 
That it is deemed necessary and essential and in the public interest, in order to 
construct the improvements for and complete the Project, for the City of Mesa to obtain the 
Easement in, over, under, and across the real property legally described and depicted on the 
attached Exhibit A, and to permit the City of Mesa or its contractors to enter upon said real 
property so work related to the Project, such as grading, walls, and other improvements can be 
completed. 
 
Section 2: 
That the City Attorney of the City of Mesa or his designated legal counsel is hereby 
authorized and directed to: (i) acquire certain necessary real property rights and the Easement  in, 
over, under, and across the real property legally described and depicted on Exhibit A in the name 
of the City of Mesa under the power of eminent domain; and  (ii) perform all acts necessary to

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acquire interests in and to the necessary real property and the Easement in the name of the City 
of Mesa for the public purposes identified in this Resolution. 
 
Section 3: 
That City staff is directed to negotiate, even after the filing of an eminent domain 
action, to attempt to reach a negotiated value for the real property rights and the Easement with 
the property owners of the real property legally described and depicted on Exhibit A, with the 
goal of reaching a mutual agreement as to the just compensation for those real property rights and 
Easement necessary for the Project. 
 
Passed and adopted by the City Council of the City of Mesa on May 18, 2026. 
 
 
 
_________________________________ 
Mark Freeman, Mayor 
Attest: 
 
 
 
_____________________________ 
Holly

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