Resolution No. 5677

RESOLUTION NO. 5677

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, DETERMINING THAT ACQUSITION OF REAL PROPERTY
NEEDED FOR WATER MAIN REPLACEMENT PROJECT ON CHANDLER
BOULEVARD FROM DOBSON ROAD TO CHIPPEWA PLACE IS A
MATTER OF PUBLIC NECESSITY; AUTHORIZING 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; AUTHORIZING EMINENT DOMAIN
PROCEEDINGS AS NEEDED TO ACQUIRE THE REAL PROPERTY AND
TO OBTAIN IMMEDIATE POSSESSION THEREOF; AND AUTHORIZING
RELOCATION SERVICES AS MAY BE NEEDED AND REQUIRED BY
LAW.

WHEREAS, the City will be replacing water mains on Chandler Boulevard from Dobson Road
to Chippewa Place, Project No. WW-2005 (the “Project”), which will benefit the public; and

WHEREAS, in order 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 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 plus closing and escrow fees. 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 5677
Page 2

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
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 ;

2023.

ATTEST:

CITY CLERK MAYOR

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5677 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

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EXHIBIT “A”