Resolution 5719 Authority to Acquire Wall Street

RESOLUTION NO. 5719 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, AUTHORIZING THE ACQUISITION OF REAL PROPERTY 
RIGHTS REQUIRED FOR THE WALL STREET IMPROVEMENT PROJECT 
CA2202, FROM FRYE ROAD TO CHICAGO STREET; AUTHORIZING THE 
CITY’S REAL ESTATE ADMINISTRATOR TO SIGN THE PURCHASE 
AGREEMENTS, AUTHORIZATONS 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 
AUTHORIZING RELOCATION ASSISTANCE AS MAY BE REQUIRED BY 
LAW. 
 
 
 
WHEREAS, the City of Chandler is planning to improve Wall Street from Frye Road to Chicago 
Street (the “Project”) and such improvements are 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, the City of Chandler needs to acquire property rights in fee or by easement 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 or improvements. 
                                                                                             
NOW, THEREFORE, BE IT RESOLVED that 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 Wall Street Improvement Project CA2202, 
from Frye Road to Chicago Street, is for a public and necessary purpose, and is in 
the best interest of the adjacent property owners and the citizens of the City of 
Chandler. 
 
Section 2.    
The City is authorized and directed to purchase said real property rights in fee, or 
by easement 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 must be in a form approved by the Chandler City 
Attorney and each purchase agreement entered into with a property owner must be 
approved as to form by the Chandler City Attorney prior to being deposited into 
escrow.

Resolution 5719 
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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 Wall Street Improvement Project CA2202 from Frye Road to Chicago Street, 
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 will make the initial 
determination of any of any claim received for relocation benefits; any 
administrative appeal from such decision will 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 will be 
final in accordance with applicable law. 
Section 6. 
If City staff are unable to acquire any needed real property rights through voluntary 
sale by the property owner, the City Council shall meet in executive session 
pursuant to ARS § 38-431.03 to discuss the matter prior to commencement of 
condemnation proceedings as described above. This provision shall not apply to 
condemnation proceedings requested by the property owner or properties located 
outside the City’s incorporated limits. 
 
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. 5719 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”