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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
A PERMANENT EASEMENT AND RIGHTS OF WAY FOR
PUBLIC STREET PURPOSES OVER, UNDE R, THROUGH
AND ACROSS PORTIONS OF APN: 511-040-06, OWNED
BY ELVIA GONZALEZ, A MARRIED WOMAN AS H ER
SOLE AND SEPARATE PROPERTY FOR THE
CONSTRUCTION OF THE WIDENING OF WEST ASHLAN
AVENUE BETWEEN NORTH POLK AVENUE AND NORTH
HAYES AVENUE AND A UTHORIZING EMINENT DOMAIN
PROCEEDINGS FOR PUBLIC USE AND PURPOSE
WHEREAS, the City of Fresno proposes to widen West Ashlan Avenue between North Polk Avenue and North Hayes Avenue, hereinafter called the “Project”; and WHEREAS, it appears necessary and desirable t hat the City of Fresno acquire a 4,336 square f oot permanent easement and right of way fo r public street and other purposes over, under, through and across real property , bearing Assessor ’s Parcel Number 511- 040-06, hereinafter called the “Subject Propert y,” for construction o f the Project and related purposes; and
WHEREAS, the Traffic and Engineering Services Division of the City’s Department of Public Works has reviewed and approved the widening of West Ashlan Avenue between North Polk Avenue and North Hayes Avenue in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, it is necessary to acquire a p ermanent easement and right of way over, under, through and across the Subject Propert y in order to construct the widening of West Ashlan Avenue; and
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WHEREAS, the design of the Proj ect has b een reviewed and it has been determined that the Project c annot be constructed without acquiring the permanent easement and right of way being sought; and
WHEREAS, the current ownership of the Subject Property is as follows:
Assessor’s Parcel Number 511-040-06, address of 5757 West Ashlan Avenue, Fresno, California, and currently owned by Elvia Gonzalez.
WHEREAS, the permanent easement and right of way to be acquired over , under, through, and across the Subject Property, and its general location and extent are described and depicted in attached Exhibit “A” and Exhibit “B”; and WHEREAS, the permanent easement and right of way acqui sition from the Subject Property are necessary to construct and complete the widening of West Ashlan Avenue between North Polk Avenue and North Hayes Avenue; and WHEREAS, the City of Fresno has the power and authority 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 California, Ca lifornia Eminent Domain Law, Code of Civil Proced ure section 1230.010 et seq., and purs uant to Government Code sections 37350.5 and 40404, Streets and Highway Cod e s ection 10102, and section 200 of the Charter of the City of Fresno; and
WHEREAS, in ac cordance with S ection 7267.2 of the Government Code, an offer to purchase has been made t o the owner of record 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 reaso nable opportunity to respond and be heard on th is matter has been 3 of 5
given t o the person whose propert y is to be acquired by eminent domain and whose name and address appear on the last equalized county assessment roll; and WHEREAS, at such time and place, or as soon thereafter as the m atter could be heard, the Council received, heard, and considered information pertinent to the matters required by Sect ion 1245.230 of the Code of Civil Procedure to be determined herein; and
WHEREAS, the per manent easement and right of way wi ll be appropriated to a public use and in accordance with Code of Civil Procedure section 1240.510, the proposed use will not unreasonably interfere with or 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 RESOLVED 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 Project is plan ned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3. The permanent easement and right of way that is sought are necessary for the proposed Project.
4. The offer to purchase required by Section 7267.2 of the Government Code has been made to the owner of record.
5. The permanent easement and right of way which are sought are situated in the City of Fres no, County of Fresno, State of California, and is more particularly described and depicted in Exhibit “A” and Exhibit “B”.
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6. The City Atto rney of the City of Fresno is authorized and directed to institute and conduct to conc lusion, in the name of the City of Fresno, a proceeding in eminent domain, including arbitration of compensation, in accordance with the provisions of the Constitution of the State of California and th e California Eminent Domain Law, to acquire the subject permanent easement and right of way in the name of the City for public purposes.
7. Project ID PW00969, Fund 31680, Org 186010, has been established to disburse the necessary funds for the acquisitions of the permanent easement and right of way and to pay for litigation expenses, includi ng staff time. There will be no General Fund dollars required to construct the project.
8. The C ontroller of the City of Fresno is aut horized to disburse out of the above account, as approved by the City Attorney, such amounts as may be required including costs, witness fees and attorneys’ fees, to acquire possession of or title to the permanent easement and right of way.
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CLERKS CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, CMC City Clerk of the City of Fresno, certify that the forgoing resolution was adopt ed by the Counc il 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:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey Seib Date
Deputy City Attorney