Resolution No. 5927

RESOLUTION NO, 5927

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, AUTHORIZING THE ACQUSITION OF REAL PROPERTY IN
FEE OR BY EASEMENT REQUIRED FOR THE ALMA SCHOOL ROAD
IMPROVEMENT PROJECT FROM GERMANN ROAD TO QUEEN CREEK
ROAD  $T2309; 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 SAID REAL PROPERTY AND
OBTAIN IMMEDIATE POSSESSION THEREOF; AND APPROVING
RELOCATION SERVICES AS MAY BE NEEDED AND REQUIRED BY LAW.

WHEREAS, the City of Chandler is planning to improve Alma School Road from Germann Road
to Queen Creek Road in the area as depicted in Exhibit “A” attached hereto and made a part hereof
(the “Project”) in order to improve service within the city and to be a benefit to the public; and

WHEREAS, in order 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 or by easement along
the alignment depicted in the attached aerial map; 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 Alma School Road Improvement Project ST2309, 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 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 No. 5927
Page 2

of-way consultant acting at the direction of the Real Estate Administrator to make
written offers for said 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, said real property, including any improvements thereon, and to secure
immediate possession of such real property, for the public purpose of constructing
the Project and further directs staff to do and to perform all acts necessary in
furtherance of the acquisition of title to and immediate possession of said real

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 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 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 No, 5927
Page 3

CERTIFICATION

I HEREBY CERTIFY that the above and foregoing Resolution No. 5927 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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