Resolution No. 5543

RESOLUTION NO. 5543

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,

’ ARIZONA, DETERMINING THAT ACQUSITION OF REAL PROPERTY
NEEDED FOR THE LINDSAY ROAD IMPROVEMENT PROJECT FROM
HUNT HIGHWAY TO OCOTILLO ROAD IS A MATTER OF PUBLIC
NECESSITY, APPROVING THE PURCHASE OF SUCH REAL PROPERTY
AT MARKET VALUE PLUS CLOSING AND ESCROW FEES;
AUTHORIZING THE CITY’S REAL ESTATE MANAGER TO SIGN, ON
BEHALF OF THE CITY, THE PURCHASE AGREEMENTS AND ANY OTHER
DOCUMENTS NECESSARY TO FACILITATE THESE ACQUISITIONS;
APPROVING EMINENT DOMAIN PROCEEDINGS AS NEEDED TO
ACQUIRE SAID REAL PROPERTY AND OBTAIN IMMEDIATE
POSSESSION THEREOF; AND APPROVING RELOCATION SERVICES AS
MAY BE NEEDED AND REQUIRED BY LAW.

WHEREAS, on January 19, 2022, the Chandler City Transportation Commission approved the
alignment for the Lindsay Road Improvement Project from Hunt Highway to Ocotillo Road (the
“Project”); and

WHEREAS, to allow the Project to proceed and be constructed in accordance with the Project’s
schedule, the City needs to acquire certain real property as rights-of-way in fee and by easement
from private property that is adjacent to, or is related to the Project as depicted on the attached
Exhibit “A”; and

WHEREAS, the City needs to obtain immediate possession of the real property needed for the
Project in order to have access and use during the construction period of the Project; and

WHEREAS, relocation services and assistance may be necessary for some property owners as
required by law.

NOW, THEREFORE, BE JT RESOLVED that the City Council of the City of Chandler, Arizona,
as follows:

Section 1. It is hereby determined that the acquisition of real property needed for the
construction of the Project in accordance with the previously approved alignment,
and the securing of immediate possession of such real property, is for a public and
necessary purpose, and is in the best interest of the citizens of the City of Chandler.

Section 2. The City is authorized and directed to purchase said real property for an amount
equal to the market value of the property as determined by appraisal or as approved
by the Public Works & Utilities Director at an amount not exceeding the appraisal
by ten percent (10%) or up to $50,000. Written offers shall be in a form approved
by the Chandler City Attorney and each purchase agreement entered into with a
property owner shall be-approved as to form by the Chandler City Attorney prior
to being deposited into escrow.

Section 3.

Section 4.

Section 5.

Resolution 5543
Page 2

Subject to Section 2 above, the City’s Real Estate Manager, any City real estate
officer acting on the Manager’s behalf, or any retained right-of-way consultant
acting at the direction of the Real Estate Manager, is authorized to make written
offers for said real property and, where accepted, to execute, deliver and deposit
into escrow the approved purchase agreement, along with all other documents and
instructions necessary to consummate the purchase of said real property.

Where any such written offer is not accepted within a reasonable period of time for
negotiation, the Chandler City Attorney is authorized and directed to commence
condemnation (eminent domain) proceedings to acquire, in the name of the City of
Chandler, said real property, including any improvements thereon, and to secure
immediate possession of such real property, for the public purpose of constructing
the Lindsay Road Improvements from Hunt Highway to Ocotillo Road, and is
further directed to do and to perform all acts necessary in furtherance of the
acquisition of title to and immediate possession of said real property.

Where any property owner requires relocation services or assistance as required by
law Staff is authorized to arrange for such assistance.

PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this
day of , 2022.

ATTEST:

CITY CLERK

MAYOR

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5543 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the

day of

, 2022, and that a quorum was present thereat.

CITY CLERK

APPROVED AS TO FORM:

os

CITY ATTORNEY V

EXHIBIT “A”