Discussion and possible action to adopt RES. 2024-22 authorizing the acquisition of property rights to accommodate traffic signal improvements for 107th and Rose Garden Lane by donation, outright purchase or the exercise of the power of eminent domain, in accordance with budget authority previously approved by Council.

In 2019, the City applied for and received Highway Safety Improvement Program (HSIP) Funding from MAG to prepare the design, acquire right-of-way and construct intersection improvements and a new traffic signal at 107^th Avenue and Rose Garden Lane.  The City has since entered into an Intergovernmental Agreement (IGA) with the State (Arizona Department of Transportation) to ensure that the City complies with all federal design, land acquisition and construction processes. As part of this IGA, the City is responsible for acquiring all land rights necessary for the project.

The design is currently underway and the project team has identified the land rights necessary to construct the proposed improvements.  Final legal descriptions have been provided for the acquisition of the lands necessary to construct these improvements.  The individual parcels are part of the attached resolution.  The formal acquisition process will commence upon Council approval.  The City will offer property owners the opportunity to donate the property, offer appraised value in a negotiated settlement or, as a last resort, request the City Attorney to file for condemnation.

• 2019 - Applied for and received Highway Safety Improvement Program (HSIP) Funding

• April 2022 – Submitted Letter of Initiation to ADOT and received approval

• August 2022 – City Council approved ADOT IGA  

Staff recommends that City Council approve the adoption of the attached Resolution authorizing the acquisition of the land rights necessary to construct the traffic signal improvements for 107^th Avenue and Rose Garden Lane by donation, outright purchase or the exercise of the power of eminent domain.

Funding for the acquisitions is available in the FY 2024-FY2033 Capital Improvement Program – EN00708  107^th Avenue and Rose Garden Lane Traffic Signal Project (7010-7075-540000-CIPTC-EN00708).