Resolution No. 5842

RESOLUTION NO. 5842 
 
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, 
ARIZONA, AUTHORIZING THE ACQUISITION OF REAL PROPERTY 
REQUIRED FOR THE KYRENE BRANCH AND HIGHLINE CANAL SHARED 
USE PATH PROJECT TP2202; AUTHORIZING THE CITY’S REAL ESTATE 
ADMINISTRATOR TO SIGN THE PURCHASE AGREEMENT AND ANY 
OTHER DOCUMENTS NECESSARY TO FACILITATE THE ACQUISITION; 
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 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 a real property right in fee or by easement from 
private property that is adjacent to or is 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 
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 that the City Council of the City of Chandler, 
Arizona, as follows: 
 
Section 1.  
Determines that the acquisition of real property rights by fee or by easement 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 direct the City to purchase the real property rights in fee or by 
easement 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.

Resolution 5842 
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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.   
 
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 Kyrene Branch and Highline Branch Shared Use Path Project 
TP2202, 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 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 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”