Resolution No. 5676

RESOLUTION NO. 5676

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, DETERMINING THAT ACQUSITION OF REAL PROPERTY
WITHIN GERMANN ROAD, ALMA SCHOOL ROAD, AND KINGBIRD
DRIVE IS A MATTER OF PUBLIC NECESSITY; AUTHORIZING THE
PURCHASE OF SUCH REAL PROPERTY AT MARKET VALUE PLUS
CLOSING AND ESCROW COSTS; 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; AUTHORIZING
EMINENT DOMAIN PROCEEDINGS AS NEEDED TO ACQUIRE THE
REAL PROPERTY AND TO OBTAIN IMMEDITE POSSESSION THEREOF.

WHEREAS, City staff has determined that certain portions of the existing roadway within
Germann Road, Alma School Road, and Kingbird Drive, as described in Exhibit “A” attached
hereto and as depicted on the attached aerial map, are owned by the Denny Weinberg Hay
Company, a defunct Arizona corporation; and

WHEREAS, in order to clear up title to the underlying fee interest in said strips of land it is
necessary to acquire the fee interest from the current owner; and

WHEREAS, because the Denny Weinberg Hay Company is a defunct Arizona corporation, staff
believes that the use of eminent domain will be required in order to obtain title to said property;

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 in order to clear
up title to portions of Germann Road, Alma School Road and Kingbird Drive owned
by the Denny Weinberg Hay Company, and the securing of immediate possession of
such real property as described in Exhibit “A” attached hereto and as depicted in the
attached aerial map, 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 Administrator’s behalf, or any retained right-of-way consultant
acting at the direction of the Real Estate Administrator, is authorized to make

Resolution 5676
Page 2

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 acquiring the
roadway, 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.

PASSED AND ADOPTED by the City Council this day of 5

2023.

ATTEST:

CITY CLERK MAYOR

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5676 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the

day of , 2023, and that a quorum was present thereat.
CITY CLERK
APPROVED AS TO FORM
CITY ATTORNEY

veal

EXHIBIT “A”

EXHIBIT “A”
LEGAL DESCRIPTION

The North 33 feet, the West 25 feet, and the West 1,948.45 feet of the South 30 feet of the
following described property:

The North half of the Northwest quarter and the North 150 feet of the South half of the
Northwest quarter of Section Nine (9), Township Two (2) South, Range Five (5) East of the Gila
and Salt River Base and Meridian, Maricopa County, Arizona.