Resolution No. 5812

City of Chandler — Study Session (2024-11-04)

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RESOLUTION NO. 5812

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, AUTHORIZING THE ACQUISITION OF APPROXIMATELY 0.9197
ACRES (40,062 SQUARE FEET) OF VACANT LAND LOCATED EAST OF THE
NORTHEAST CORNER OF COOPER ROAD AND HUNT HIGHWAY FOR
MARKET VALUE PLUS CLOSING COSTS AND ESCROW FEES; AND
AUTHORIZING THE CITY’S REAL ESTATE ADMINISTRATOR TO SIGN, ON
BEHALF OF THE CITY, THE PURCHASE AGREEMENT, AND ANY OTHER
DOCUMENTS NECESSARY TO FACILITATE THESE ACQUISITIONS;
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 requires additional well sites for future growth; and

WHEREAS, the City has determined that an approximately 0.9197 acre (40,062 square feet) parcel
of vacant land owned by the Cooper Commons Community Association that is located east of the
northeast corner of Cooper Road and Hunt Highway (the “Property”) and that is adjacent to an
existing City water production facility meets those needs; and

WHEREAS, the acquisition of this property will provide an additional well site for future City
requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chandler,
Arizona, as follows:

Section 1.

Section 2.

Section 3.

Section 4.

Determines that the acquisition of the Property as described in Exhibit “A” attached
hereto and made a part hereof, will benefit the City of Chandler.

Authorizes and directs the City of Chandler to purchase the Property described in
Exhibit “A” for an amount equal to the market value, plus closing costs and escrow
fees. The written offer must be in a form approved by the Chandler City Attorney
prior to being deposited into escrow.

Subject to Section 2 above, authorizes 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, to make the written
offer for the Property and, when accepted, to execute, deliver and deposit into escrow
as required, the approved purchase agreement along with all other documents and
instructions necessary to consummate the purchase of the Property.

Authorizes and directs the Chandler City Attorney to commence condemnation
(eminent domain) proceedings to acquire the Property in the name of the City of
Chandler, including any improvements thereon, and to secure immediate possession
of the Property, for the public purpose of constructing a potable water well and

Resolution 5812
Page 2

associated facilities on the site, and further directs the Chandler City Attorney to do
and perform all acts necessary to further the acquisition of title to and immediate
possession of the Property.

Section 5. Authorizes the City of Chandler to provide 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 is final in accordance with
applicable law.

PASSED AND ADOPTED by the City Council this day of » 2024.
ATTEST:
CITY CLERK MAYOR

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5812 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:

Ouenl gee der

CITY ATTORNEY 0

EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF
MARICOPA, STATE OF ARIZONA AND IS DESCRIBED AS FOLLOWS:

Tract B of Cooper Commons II Parcel 4, according to Book 504 of Maps, page 43, records of
Maricopa County, Arizona.