Resolution No. 5851

RESOLUTION NO. 5851

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN
FEE OR BY EASEMENT REQUIRED FOR THE RAY ROAD AND DOBSON
ROAD INTERSECTION IMPROVEMENT PROJECT ST2103;
AUTHORIZING THE CITY’S REAL ESTATE ADMINISTRATOR TO SIGN,
ON BEHALF OF THE CITY, THE PURCHASE AGREEMENTS AND ANY
OTHER DOCUMENTS NECESSARY TO FACILITATE THE
ACQUISITIONS; AUTHORIZING EMINENT DOMAIN PROCEEDINGS AS
NEEDED TO ACQUIRE THE 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 reconstruct the intersection of Ray Road and
Dobson Road (the “Project”’) to improve service within the city and to be a benefit to the public in
the area as depicted in Exhibit “A”; and

WHEREAS, the City of Chandler needs to acquire a real property rights in fee or by easement
along the alignment depicted in Exhibit “A” so the Project may proceed and be constructed in
accordance with its schedule; 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 in fee or by easement for the
Ray Road and Dobson Road Intersection Project ST2103, as depicted in Exhibit
“A” attached hereto and made a part hereof, 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 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.

Section 3.

Section 4.

Section 5.

Section 6.

Resolution 5851
Page 2

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
written offers for the 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 the real
property interests.

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 real property, including any improvements thereon, and to secure
immediate possession of the property for the public purpose of constructing the
Ray Road and Dobson Road Intersection Improvement Project ST2103, and further
to perform all acts necessary in furtherance of the acquisition of title to and
immediate possession of the property.

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 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.

Directs that 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 ARS § 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 this day of , 2025.

ATTEST:

CITY CLERK

MAYOR

Resolution 5851
Page 3

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5851 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
day of , 2025, and that a quorum was present thereat.

CITY CLERK

APPROVED AS TO FORM:

CITY ATTORNEY

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