Resolution No. 5561

RESOLUTION NO. 5561 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, DETERMINING THAT ACQUSITION OF REAL PROPERTY NEEDED 
FOR THE HAMILTON STREET IMPROVEMENTS FROM APPLEBY ROAD 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 
ADMINISTRATOR 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, the Chandler City Council entered into an Intergovernmental 
Agreement (IGA) with the Chandler Unified School District No. 80 (“District”) on May 
10, 2019 regarding the District property at Ocotillo Road and Centre Pointe Parkway; 
and 
 
WHEREAS, in order to comply with the intent of the IGA, the City will be 
improving Hamilton Street, Carob  Drive, and an extension of Centre Ponte Parkway the 
(“Project”); and 
 
WHEREAS, to allow the Project to proceed and be constructed in accordance 
with its schedule, the City needs 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: 
 
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. 
Subject to Section 2 above, the City’s Real Estate Administrator, 
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 Administrator, 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.  
 
Section 4. 
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. 
 
Section 5. 
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 
_______________, 2023. 
 
 
ATTEST: 
 
___________________________ 
 
__________________________ 
CITY CLERK 
                  MAYOR