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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 APNS: 451-071-25 AND 451-071-
38, OWNED BY ROCKING RAIL, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY , 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 McKinley 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 $29,000,000 of Project funding for the right of way phase to date; and
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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
WHEREAS, the Project requires the fee acquisition of the real property located at 1538 North Blackstone Avenue, Fresno, California, and 1815 East Home Avenue, Fresno, California more particularly described as Assessor ’s Parcel Number s (APNs) 451-071-25 and 451-071-38, 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 s 451-071-25 and 451- 071-38,
addresses of 1538 North Blackstone Avenue and 1815 East Home Avenue, Fresno, California and currently owned by Rocking Rail, LLC, a California limited liability company
WHEREAS, the Subject Propert y, and its general location and extent are described in attached Exhibits “A-1” and “A-2,” and
WHEREAS, the Subject Property is the location of EZ -Haul Ready Mix and Landscaping Supply, Star Building Supplies, and Star Stucco Products, operating South of the southeast 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 access to the Subject Property will be impeded by the retaining wall required for the Project; and
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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
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 City and the owner of the Subject Property have not been successful in negotiating the acquisition of 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.
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 of 5
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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 Subject Property is situated in the City of Fresno, County of Fresno, State of California, and is more particularly described in Exhibits “A-1” and “A-2.”
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. 5 of 5
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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
Attachments:
Exhibits A-1, A-2
EXHIBIT"A-1"
APN 451-071-25
Grant Deed
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 8 OF THE SALINGER TRACT IN THE CITY OF FRESNO,
COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 18, 1883, IN BOOK 2, PAGE 13 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 13 SOUTH, RANGE 20 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; THENCE, SOUTH 89° 58' 03" EAST, 350.754 FEET, ALONG THE SOUTHERLY LINE OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34;THENCE, NORTH PARALLEL WITH THE WEST LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34, A DISTANCE OF 156.000 FEET TO THE TRUE POINT OF BEGINNING OF THIS PARCEL; THENCE, CONTINUING NORTH 170.000 FEET; THENCE, WEST 46.500 FEET; THENCE, SOUTH 26.00 FEET; THENCE, WEST 49.162 FEET TO POINT "A"; THENCE, CONTINUING WEST 14.338 FEET; THENCE, SOUTH 4.00 FEET; THENCE, WEST
10. 754 FEET; THENCE, SOUTH 4.00 FEET; THENCE, WEST 160.00 FEET TO A POINT ON THE EASTERLY LINE OF BLACKSTONE AVENUE, SAID POINT BEING 70.00 FEET EAST AND 291.84 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTH
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34; THENCE, SOUTH 32.334 FEET, ALONG THE EAST LINE OF
BLACKSTONE AVENUE, TO A POINT ON THE NORTHEASTERLY RIGHT OF WAY LINE OF THE AT. & S.F. RAILWAY; THENCE, SOUTH 31 ° 50' 40" EAST, 122.032 FEET, ALONG SAID RIGHT OF WAY; THENCE, EAST 216.367 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL, BEING A 17 FOOT
STRIP OF LAND LYING EQUALLY ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE:
COMMENCING, AT POINT "A" AS DESCRIBED ABOVE, SAID POINT
OF BEGINNING BEING ON A CURVE WHOSE RADIAL BEARS
SOUTH 86° 03' 18" WEST; THENCE, ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 383.065 FEET, THROUGH A H"-'-1--""/ �,&;,:;:;�!I --
CENTRAL ANGLE OF 3° 56' 42", AN ARC DISTANCE OF 26.375
FEET; THENCE, SOUTH 86.100 FEET, TO THE END OF SAID
STRIP. �-
EXHIBIT"A-2"
APN 451-071-38
Grant Deed
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: APN: 451-071-38 (PORTION OF)
ALL
THAT PORTION OF THE NORTHWEST QUARTER OF LOT 8 OF SALINGER TRACT
IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED SEPTEMBER 18, 1883, IN BOOK2, PAGE
13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE ATCHISON, TOPEKA
AND SANTA FE RAILROAD RIGHT OF WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 34, TOWNSHIP 13 SOUTH, RANGE 20 EAST MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING, AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION, 291.33 FEET EAST OF THE WEST LINE OF SAID SECTION 34; RUNNING
THENCE, WEST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 59 FEET, TO THE INTERSECTION OF SAID LINE WITH THE EASTERLY
LINE OF THE RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE, NORTHWESTERLY, ALONG THE EASTERLY LINE OF THE SAID RAILROAD RIGHT OF WAY, A DISTANCE OF 183.71 FEET; THENCE, EAST PARALLEL
WITH SAID SOUTH LINE OF THE SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34, A DISTANCE OF 155.83 FEET; THENCE, SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 34, A DISTANCE OF 156 FEET TO THE POINT OF COMMENCEMENT.
EXCEPTING THEREFROM, THE INTEREST CONVEYED IN A STRIP OF LAND 12 FEET
WIDE LYING ALONG, PARALLEL WITH AND ADJACENT TO THE SOUTH SIDE OF
SAID ABOVE DESCRIBED PARCEL OF LAND, HERETOFORE RESERVED AND
DEDICATED AS A RIGHT OF WAY FOR A ROAD FOR THE USE AND BENEFIT OF THE ABOVE DESCRIBED LAND AND OTHER LAND BY A DEED RECORDED IN BOOK 154, PAGE 176, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF FRESNO
COUNTY, AND BY A DEED FROM WILLIAM TURNER, ET UX, TO PACIFIC FRUIT EXCHANGE,A CORPORATION, RECORDED APRIL 24, 1912, IN BOOK498, PAGE 373, OF
DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF FRESNO COUNTY.
PARCEL 2:
A RIGHT OF WAY FOR A ROAD 9 FEET WIDE, LYING DIRECTLY EAST OF THE EAST
BOUNDARY
LINE OF PARCEL 6 AND PARALLEL AND CONTIGUOUS WITH SAID EASTERLY BOUNDARY LINE OF PARCEL 6, DESCRIBED HEREINABOVE, AS GRANTED IN THAT CERTAIN DEED FROM WILLIAM TURNER, ET UX., TO PACIFIC EXHIBIT A-2 P.2
EXHIBIT A-2 P.3