Resolution No. 5923

RESOLUTION NO. 5923

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 COOPER ROAD AND
INSIGHT WAY IMPROVEMENT PROJECT ST2303; 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 REAL
PROPERTY RIGHTS AND OBTAIN IMMEDIATE POSSESSION THEREOF;
AND, RELOCATION ASSISTANCE AS MAY BE REQUIRED BY LAW.

WHEREAS, the City of Chandler is planning to improve Cooper Road north of Queen Creek Road,
Insight Way west of Emmet Drive and Emmet Drive north of Queen Creek Road (the “Project”)
as depicted in Exhibit “A” attached hereto and made a part hereof, in order to improve service
within the city and benefit the public; and

WHEREAS, to allow the Project to proceed and be constructed in accordance with its schedule,
the City of Chandler needs to acquire real property rights in fee, by easement, or by access
agreements along the alignment depicted in 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
construction of the Coooper Road Insight Way Improvement Project ST2303 as
depicted in Exhibit “A,” 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 of the property right 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. 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 5923
Page 2

of-way consultant acting at the direction of the Real Estate Administrator, to make
written offers for the 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 the 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 real property, for the public purpose of constructing
the Cooper Road and Insight Way Improvement Project ST2303, and further directs
the Chandler City Attorney to do and to perform all acts necessary in furtherance
of the acquisition of title to and immediate possession of the property.

Authorizes the provision of such 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 shall 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 shall 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 5923
Page 3

CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Resolution No. 5923 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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