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RESOLUTION NO. 5836 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AUTHORIZING THE ACQUISITION OF STRIPS OF LAND WITHIN EXISTING ALLEYWAYS AT APPRAISED VALUE, PLUS CLOSING COSTS AND ESCROW FEES TO COMPLETE THE PM10-2024 DUST CONTROL PROJECT TO555; AUTHORIZING THE CITY’S REAL ESTATE ADMINISTRATOR TO SIGN THE PURCHASE AGREEMENTS, AND ANY OTHER DOCUMENTS NECESSARY TO FACILITATE THESE 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 (City), in coordination with the Arizona Department of Transportation (ADOT) is proposing a dust emissions reduction project on approximately 19.9 miles of alleyways within Chandler in four separate areas in the City as identified in Exhibit “A”; and WHEREAS, staff has determined that there are strips of land within the alleys that are privately owned but necessary to complete the project, as depicted in Exhibit “B”; and WHEREAS, it is necessary to acquire the underlying fee ownership of these privately-owned parcels to complete the work. 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 for the PM10-2024 Dust Control Project TO555, as depicted in Exhibit “B” 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 parcels described in Exhibit “B” 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 prior to being deposited into escrow and each purchase agreement entered into with a property owner must be approved as to form by the Chandler City Attorney before being deposited into escrow. Section 3. 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- Section 4. Section 5. Section 6. Resolution 5836 Page 2 of-way consultant acting at the direction of the Real Estate Administrator, to make written offers for the properties and, where 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 said real property. 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 improvements and resurfacing city alleys, 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 52025. ATTEST: CITY CLERK MAYOR Resolution 5836 Page 3 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Resolution No. 5836 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 EXHIBIT “A” “dew siyj uo uoHeWJojU! a4} GulpseGay ‘paljdwi Jo Us}UM ‘seqUeeEM OU SayeW Ja[pueYo Jo AIO eUuL pxXW'X30NI GINO 3OVd VNA SO\SdWIN SONSYSS35Y XSCNI SUIS\SYVN\ €ZOz/L sayeqdew sid esudseUy D090 :eanos SB1M9S SID JaIPUEYD J0 AID eu} Aq paredaig dey sajpueyo yohg [| 9 = S 2 2 2 z : 2) Ayyedioiunyy Bulpunowns g 3 im i 3 8 MAAN VID} pues] AunoD —————— syWIT AyD Je|pUeU | a | soll iil (tani Ua spli9 e6ed VIN | 08°F | a 4 re Aemoes- ——— ZL |, 02 6 Z L = % ' ° % au SLHOIA! 1} | M g €9 £4:) 9 L. + “y fl "las D N ay OTILOD b * a0 6g L gs 9g ss oS cS DSEENTEETIe) . iat) “ os ev ap ly 5 zs wo i 5 ; au NNVWY39 = 5 & w o ep ze Ww 3 z g BA ay SO9Ad aM aozv a5 LYsg id 6e ae de ge se ze Zo, ee le 18 YSTIGNVHD 2 Z LNAWOaS zee] « a 7 =} %)] @ } Fa OLNd 6202 gu ave vane _ ywananS? | INSWOaS “i * | ¢ OLINd 7207 Gu YAN 20 90 dINAL ay LOT = | XJGNI GID / 39Vd WN > intnoss ¢ LNAWO3S ' OLWd vZ0e OLWd ¥Z02 = EXHIBIT “B” ' /IVANHOE(ST; RD. OL = = ALMA;SCH| ELUOTRO \ GERMANN RO QUEEN CREEK RD 2cOTILLO RO RIGGS RO Hu wawsin tt “RAVRO- = ; caneuny! I ~< al go F & 8 2 nt Ge cuannur = g 8 EY % ys arizona = — 8 8 8 FAENGINEER\GENSERV\ ArcGISPro Shared\Map Requests\Real Estate\2025\RE25-001\RE2S-001\RE2S-001.aprx 11/7/2024 Randyé Chen@is cialis POSSESSION THEREOF; AND RELOCATION ASSISTANCE OF THE STRIPS OF LAND WITHIN EXISTING CITY OF CHANDLER ALLEYWAYS THAT ARE REQUIRED TO COMPLETE THE PM10-2024 DUST CONTROL PROJECT T0555 AS DEPICTED IN EXHIBIT "B" ATTACHED HERETO, AT APPRAISED VALUE, PLUS CLOSING COSTS AND ESCROW FEES, AND AUTHORIZING THE CITY'S REAL ESTATE ADMINISTRATOR TO SIGN, ON BEHALF OF THE CITY, THE PURCHASE AGREEMENTS, AND ANY OTHER DOCUMENTS NECESSARY TO FACILITATE THESE ACQUISITIONS; AUTHORIZING EMINENT DOMAIN PROCEEDINGS AS NEEDED TO ACQUIRE SAID REAL PROPERTY AND OBTAIN IMMEDIATE AS MAY BE REQUIRED BY LAW MEMO NO. RE25-001 “ey PROJECT AREA NTs