Resolution No. 5842

RESOLUTION NO. 5842 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, 
AUTHORIZING 
THE 
ACQUISITION 
OF 
TEMPORARY 
CONSTRUCTION EASEMENTS REQUIRED FOR THE KYRENE BRANCH 
AND HIGHLINE CANAL SHARED USE PATH PROJECT TP2202; 
AUTHORIZING THE CITY’S REAL ESTATE ADMINISTRATOR TO SIGN 
THE PURCHASE AGREEMENTS AND ANY OTHER DOCUMENTS 
NECESSARY TO FACILITATE THE ACQUISITIONS; AUTHORIZING 
EMINENT DOMAIN PROCEEDINGS AS NEEDED TO ACQUIRE THE 
TEMPORARY CONSTRUCTION EASEMENTS, AND OBTAIN IMMEDIATE 
POSSESSION THEREOF; AND, RELOCATION ASSISTANCE AS MAY BE 
REQUIRED BY LAW. 
 
 
 
WHEREAS, the City of Chandler is in the process of designing the Kyrene Branch and Highline 
Canal Shared Use Path Project TP2202 (the “Project”) which will enhance and improve the 
pedestrian and bicycle facilities along the Kyrene Branch Canal and Highline Canal by 
connecting to the regional trail network at the Chandler-Tempe border; 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 temporary construction easements (“TCE”) on 
private property adjacent to or related to the Project as depicted on the attached Exhibit “A”; and 
 
WHEREAS, the City is authorized by law to acquire, whether by purchase or dedication such 
TCEs as are needed for public purposes; and 
 
WHEREAS, the acquisition of some of the TCEs for the Project may result in the relocation of 
personal property.  
                                                                                             
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chandler, 
Arizona, as follows: 
 
Section 1.  
Determines that the acquisition of TCEs for the Kyrene Branch and Highline Branch 
Shared Use Path Project TP2202 is for a public and necessary purpose, and is in the 
best interest of the citizens of the City of Chandler. 
 
Section 2.    
Authorizes and directs the City to purchase the TCEs for an amount equal to the 
market value 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.  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. 
 
Section 3. 
Authorizes, 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-

Resolution 5842 
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of-way consultant acting at the direction of the Real Estate Administrator, to 
make written offers for the TCEs 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 the 
TCEs.   
 
Section 4. 
Where any such written offer is not accepted within a reasonable period of time 
for negotiation, authorizes and directs the Chandler City Attorney to commence 
condemnation (eminent domain) proceedings to acquire, in the name of the City 
of Chandler, the TCEs, including any improvements thereon, and to secure 
immediate possession of the TCEs, for the public purpose of constructing the 
Kyrene Branch and Highline Branch Shared Use Path Project TP2202, and 
further directs the City Attorney to perform all acts necessary in furtherance of 
the acquisition and immediate possession of the TCEs. 
 
Section 5. 
Authorizes the provision of relocation assistance, including benefits, as may be 
required by law.  The City’s Real Estate Administrator will make the initial 
determination 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.    
Directs that if City staff are unable to acquire any needed TCE rights through 
voluntary sale by the property owner, the City Council will meet in executive 
session pursuant to Arizona Revised Statutes § 38-431.03 to discuss the matter 
prior to commencement of condemnation proceedings as described above. This 
provision does 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 _______________, 2024. 
 
ATTEST: 
 
___________________________ 
 
__________________________ 
CITY CLERK 
                  MAYOR

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CERTIFICATION 
I HEREBY CERTIFY that the above and foregoing Resolution No. 5842 was duly passed and 
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the 
_____ day of _________________, 2024, and that a quorum was present thereat. 
____________________________ 
CITY CLERK 
APPROVED AS TO FORM: 
__________________________ 
CITY ATTORNEY

EXHIBIT “A”