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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS
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Resolution No.
RESOLUTION NO. 2024- _________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DETERMINING THAT PUBLIC
INTEREST AND NECESSITY REQUIRE ACQUISITION OF
FEE INTEREST FOR RIGHTS OF WAY FOR PUBLIC
STREET PURPOSES OF APN : 451-064-18, OWNED BY
ERIK SAMUEL HONARCHIAN, FOR THE
CONSTRUCTION OF THE BLACKSTONE MCKINLEY
BNSF GRADE SEPARATION PROJECT AND
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR
PUBLIC USE AND PURPOSE
WHEREAS, the City of Fresno plans to construct the Blackstone Mc Kinley BNSF Grade Separation Project which will eliminate two existing at -grade railroad crossings of the BNSF mainline tracks at North Blackstone Avenue and East McKinley Avenue by separating train traffic from pedestrians, cyclists, and moving vehicle traffic to an underpass below the BNSF mainline track (Project); and
WHEREAS, the Blackstone Avenue and McKinley Avenue corridors serve as primary routes for the community, the City’s Bus Rapid Transit System, emergency vehicles, and is also part of the Blackstone Smart Mobility Plan providing Class IV protected bicycle facilities along Blackstone Avenue through the Project area; and WHEREAS, the Fresno City Council approved the Measure C Cooperative Project Agreement for the Project and subsequent amendments (collectively the Agreement) which provides approximately $27,000,000 of Project funding to date; and WHEREAS, the Project is statutorily exempt pursuant to California Public Resources Code Section 21080.13(a) and 15282(g) of the California Environmental Quality Act (CEQA) Guidelines; and
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WHEREAS, the Project requires the fee acquisition of the real property located at 1585 North Blackstone Avenue, Fresno, California, more particularly described as Assessor’s Parcel Number (APN) 451-064-18, hereinafter called the “Subject Propert y,” for construction of the Project and related purposes; and WHEREAS, the design of the Project has been reviewed and it has been determined that the path of the Project, including all projected detours, cannot be constructed without acquiring the Subject Property; and WHEREAS, the current ownership of the Subject Property is as follows:
Assessor’s Parcel Number 451-064-18, address of 1585 North Blackstone Avenue, Fresno, California and currently owned by Erik Samuel Honarchian
WHEREAS, the Subject Propert y, and its general location and extent are described in attached Exhibit “A,” and
WHEREAS, the Subject Property is the location of Eddie’s Auto World, a smog shop, operating at the southwest corner of Blackstone and McKinley Avenues; and WHEREAS, the fee interest acqui sition of the Subject Propert y is necessary for the construction of the Project because the Subject Property is in the direct path of the grade separation; and
WHEREAS, the City of Fresno has the power and authority to exercise eminent domain and acquire fee in real property for the public use set forth herein in accordance with the Constitution of the State of California, California Eminent Domain Law, Code of Civil Procedure section 1230.010 et seq., and pursuant to Government Code sections 37350.5 and 40404, Streets and Highway Code section 10102, and section 200 of the Charter of the City of Fresno; and,
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WHEREAS, in accordance with Section 7267.2 of the Government Code, an offer to purchase has been made to the owner of record of the Subject Property; and WHEREAS, the owner of the Subject Property has not engaged in negotiations or responded to any offers to purchase the Subject Property; 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 property 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 as soon thereafter as the matter could be heard, the Council received, heard, and considered information pertinent to the matters required by Section 1245.230 of the Code of Civil Procedure to be determined herein; and
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 proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3. The Subject Property is 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 Subject Property is situated in the City of Fresno, County of Fresno, State of California, and is more particularly described in Exhibit “A.” 4 of 5
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6. The City Attorney of the City of Fresno is authorized and directed to institute and conduct to conclusion, 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 the California Eminent Domain Law, to acquire the Subject Property in the name of the City for public purposes.
7. Project ID PW00937, Fund 22517, Org 189901, has been established to disburse the necessary funds for the acquisition of the Subject Property and to pay for litigation expenses, including staff time. There will be no General Fund dollars required to construct the Project.
8. The Controller of the City of Fresno is authorized 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 and title to the Subject Property.
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 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey Seib Date
Deputy City Attorney
Attachment:
Exhibit A