Resolution No. 5549

RESOLUTION NO. 5549

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, DETERMINING THAT ACQUISITION OF REAL PROPERTY
NEEDED FOR THE CHANDLER HEIGHTS ROAD — UTILITY
RELOCATIONS AND SALT RIVER PROJECT 230KV POWER LINE
EASEMENT IN THE VICINITY OF CHANDLER HEIGHTS ROAD FROM
THE UNION PACIFIC RAILROAD ALIGNMENT TO DOBSON 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 June 24, 2021, the Chandler City Council approved Resolution No. 5496
authorizing the City to enter into an agreement with Salt River Project to provide a 35-foot-wide
easement within the proposed alignment of Chandler Heights Road from just east of the Union
Pacific Railroad to Alma School Road, then north along Alma School Road, west on Lake Drive
and Chapparal Way to Dobson Road for a new 230kV power line to provide additional service
to Intel Corporation (the “Project”); and

WHEREAS, construction of the Project requires the City to relocate some of its existing
utilities; and

WHEREAS, construction of the Project requires the City to acquire certain real property as
rights-of-way in fee and by easement from private property that is within, 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 IT RESOLVED by the City Council of the City of Chandler, Arizona,
as follows:

Sectionl. 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.

Section 3.

Section 4.

Section 5.

Resolution 5549
Page 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.

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 Project, 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 this day of ;

2022.

ATTEST:

CITY CLERK MAYOR

Resolution 5549
Page 3

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5549 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:

dan
CITY ATTORNEY \

EXHIBIT “A”

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