Resolution No. 5683

RESOLUTION NO. 5683 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, AUTHORIZING THE ACQUISITION OF REAL PROPERTY 
RIGHTS REQUIRED FOR THE WATER MAIN REPLACEMENT PROJECT 
WA2203, WITHIN ARROWHEAD MEADOWS, TYSON MANOR AND 
SUNSET MANOR, AS SHOWN ON THE ATTACHED MAP, AUTHORIZING 
THE CITY’S REAL ESTATE ADMINISTRATOR TO SIGN, ON BEHALF OF 
THE CITY, THE PURCHASE AGREEMENTS, AUTHORIZATIONS TO 
ACCESS PROPERTY, AND ANY OTHER DOCUMENTS NECESSARY TO 
FACILITATE 
THESE 
ACQUISITIONS 
AND 
ACCESS 
TO 
THE 
PROPERTIES; AUTHORIZING EMINENT DOMAIN PROCEEDINGS AS 
NEEDED TO ACQUIRE SAID REAL PROPERTY AND OBTAIN 
IMMEDIATE POSSESSION THEREOF; AND, RELOCATION ASSISTANCE 
AS MAY BE REQUIRED BY LAW. 
 
WHEREAS, the replacement of the waterlines in Arrowhead Manor, Tyson Manor and Sunset 
Manor, Project WA2203, is intended to be a benefit to the public; and 
 
WHEREAS, in order to allow the Project to proceed and be constructed in accordance with its 
schedule, and provide water service from the new water mains, the City of Chandler needs to 
acquire property rights in fee, by easement, or by access agreements from private property 
owners who will benefit from the Project; and 
 
WHEREAS, the City is authorized by law to acquire, whether by purchase or dedication such 
real property rights as are needed for public purposes; and 
 
WHEREAS, the acquisition of some of the real property rights for the Project may result in the 
relocation of personal 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 rights needed in fee or 
by easement for the construction of the Water Main Replacement Project within 
Arrowhead Meadows, Tyson Manor and Sunset Manor, WA2203 is for a public 
and necessary purpose, and is in the best interest of the property owners in those 
neighborhoods and the Citizens of the City of Chandler. 
 
Section 2.    
The City is authorized and directed to purchase said real property rights in fee, by 
easement or by access agreements for an amount equal to the market value of the 
property right to be acquired 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.  Access Agreements may be acquired for a 
fair amount determined by negotiation. Written offers shall be in a form approved 
by the Chandler City Attorney and each purchase agreement entered into with a

Resolution 5683 
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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 written offers for said real property and, where accepted, to execute, 
deliver and deposit into escrow as required,  the approved purchase agreements 
along with all other documents and instructions necessary to consummate the 
purchase of said real property.  In the event that only an access agreement is 
required, said access agreement may be recorded as determined by Staff without 
using an escrow agent. 
 
 
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 Water Main Replacement Project WA2203, 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. 
The City is authorized to provide such relocation assistance, including benefits, 
as may be required by law.  The City’s Real Estate Administrator shall make the 
initial determination of any of any claim received for relocation benefits; any 
administrative appeal from such decision shall be considered and acted upon by 
and through the Real Estate Administrator or persons acting under the 
Administrator’s direction or on the Administrator’s behalf for such purpose, 
whose decision shall be final in accordance with applicable law. 
 
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this 
__________day of _______________, 2023. 
 
ATTEST: 
 
___________________________ 
 
 
__________________________ 
CITY CLERK 
                                       MAYOR

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CERTIFICATION 
I HEREBY CERTIFY that the above and foregoing Resolution No. 5683 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

EXHIBIT “A”