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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. 2023- _________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DETERMINING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE ACQUISITION OF
FEE INTEREST AND PERMANENT EASEMENT AND
RIGHTS OF WAY FOR PUBLIC STREET PURPOSES
OVER, UNDER, THROUGH AND ACROSS PORTIONS OF
APN: 574-130-05, OWNED BY SUKHWINDER SI NGH, A
MARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY, FOR THE CONSTRUCTION OF A STORM
DRAIN PIPELINE BETWEEN ARMSTRONG AVENUE AND
LAVERNE AVENUE AND AUTHORIZING EMINENT
DOMAIN PRO CEEDINGS FO R PUBLIC USE AND
PURPOSE
WHEREAS, the City of Fresno proposes to continue East McKinley Avenue between North Fowler A venue and North Armstrong Avenue, hereinafter called th e “Project”; and
WHEREAS, it appears necessary and desirable that the City of Fresno acquire a fee interest portion and a permanent easement and right of way fo r public street and other purposes over, under, through and across re al property more particul arly described as Assessor ’s Parcel Number (APN) 574 -130-05, herei nafter ca lled the “Subject Property,” for construction of the Project and related purposes; and WHEREAS, the City Council adopted an Offic ial Plan Line for M cKinley Avenue between North Sunnyside Avenue and North Temperance Avenues on December 8, 2016; and
WHEREAS, it is necessary to acquire a fee interest portio n and a permanent easement and rig ht of way ov er, under, through and across the Subject Propert y in 2 of 5
order to construct a storm drain pipeline between Armstrong Aven ue and Laverne Avenue; and
WHEREAS, th e design of the Project has b een reviewed and it has been determined that th e Project c annot be constructed without acquiring the fee interest portion and permanent easement and right of way being sought; and WHEREAS, the current ownership of the Subject Property is as follows:
Assessor’s Parcel Number 574-130-05, address of 2045 North Armstrong Avenue, Fresno, Ca and currently owned by Sukhwinder Singh.
WHEREAS, the fee interest portion and permanent easement and right of way to be a cquired ov er, under, through, and across the S ubject Propert y, and its gene ral location and extent are described and depicted in attached Exhibit “A” and Exhibit “B,” and
WHEREAS, the fee interest portion and permanent easement and right of wa y acquisitions from the Subject Property are necessary to construct a storm drain pipeline between Armstrong Avenue and Laverne Avenue; and
WHEREAS, the City of Fresno has the power and autho rity to exercise eminent domain and acquire easements and rights of way for the public use set forth herein in accordance with the Constitution of the State of Califor nia, California Emin ent Domain Law, Code of Civil Proced ure sect ion 1230.010 et seq., and pursuant to Government Code sections 37350.5 and 40404, Streets and Highwa y Code section 1 0102, and section 200 of the Charter of the City of Fresno; and,
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WHEREAS, in accordance with Section 72 67.2 of the Government Code , an offer to purchase has been m ade t o the owner of recor d of the real property to be acquired within the Project area; and
WHEREAS, in accordance with Section 1245.235 of the Code of Civil Procedure, notice and reasonable opportunity to respond and be heard on this matter has been given to the persons whose p roperty are to be acquired by eminent domain and whose names and addresses appear on the last equalized county assessment roll; and WHEREAS, at such time and place, or a s soon thereafter as the m atter could be heard, the Council received, heard, and considered information pertinent to the matters required by Section 12 45.230 of the Code o f Civil Procedure to be determined herein; and
WHEREAS, the fee interest portion and permanent easement and right of way will be appro priated to a public use and in ac cordance with Code of Civil Procedure section 124 0.510, the propos ed use will not unreasonably i nterfere with o r impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future.
NOW, THEREFORE, BE IT RESOLVE D the Council of the City of Fresno finds, declares, determines, and orders as follows:
1. The public interest and necessity require the proposed Project.
2. The Pro ject is planned or located in the manner tha t will be most compatible with the greatest public good and the least private injury.
3. The fee interest portion and permanent easement and right of way that is sought are necessary for the proposed Project.
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4. The offer to purchase required by Section 7267.2 of the Government Code has been made to the owner of record.
5. The fee interest port ion and permanent easement and right of way which are sought are situated in the City of Fresno, County of Fresno, State of California, and is more particularly described and depicted in Exhibit ”A” and Exhibit ”B”.
6. The City Atto rney of the City of Fresno is a uthorized and direct ed to institute and conduct to conc lusion, in the name of the City of Fresno, a proceeding in eminent dom ain, including arbitration of compe nsation, in accordance with the provisions of the Constitution of the State of California and th e California Eminent Domain Law, to acquire the subject fee portion and permanent street easemen t and right of way in the name of the City for public purposes.
7. Project ID PW01021, Fund 24042, Org 18 9901, has been established to disburse the necessary funds for the acquisitio ns of the fee interest po rtion, and permanent easement and right of way and to pay for litigation expense s, including staff time. There will be no General Fund dollars required to construct the project.
8. The Controller of the City of Fresno is aut horized to disburse out of the above account, as approved by the City Attorney, suc h amounts as may be required including costs, witness fees a nd attorneys’ fees, to acquire possession of or title to the fee interest portion and permanent street easement and right of way.
9. This resolution shall be effective upon final approval.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the ______ day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey Seib Date
Deputy City Attorney
Attachments:
Exhibit A
Exhibit B