Resolution No. 5836

City of Chandler — Study Session (2025-03-24)

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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”

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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

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