1 of 5
Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: _______
Resolution No.
RESOLUTION NO. 2026- _________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, DETERMINING THAT PUBLIC INTEREST AND
NECESSITY REQUIRE ACQUISITION OF A PERMANENT
EASEMENT AND RIGHT -OF-WAY FOR PUBLIC STREET
PURPOSES THROUGH AND ACROSS A PORTION OF
ASSESSOR’S PARCEL NUMBER 428-090-33, OWNED BY
MIKE SAADELDIN , MOHAMMAD T. SAADELDIN , AND
MASAD INC., A CALI FORNIA CORPORATION , FOR THE
CONSTRUCTION OF THE SENIOR ACTIVITY CENTER
TOD H OUSING STREET IMPROVEMENTS PROJECT,
AND AUTHORIZING EMINENT DOMAIN PROCEEDIN GS
FOR PUBLIC USE AND PURPOSE
WHEREAS, the City of Fresno plans to construct the Senior Center T OD Housing Street Improvements Project which will include the installation of a full traffic signal and pedestrian crosswalk at the intersection of North Blackstone and East Holland Avenues to enhance traffic flow and pedestrian safety (the “Project”); and WHEREAS, it is necessary for the Project to acquire a permanent easement and right -of-way over, under, through, and across the real property located at 4414 North Blackstone Avenue, Fresno, California, more particularly described as Assessor’s Parcel Number (APN) 428-090-33, hereinaf ter called the “Subject Propert y,” for construction of the Project and related purposes; and
WHEREAS, the Traffic and Engineering Services Divis ion of the City’s Public Works Department has reviewed and approved the plans to construct the street improvements at the intersection of North Blackstone and East Holland Avenues in a manner that will be compatible with the greatest public good and the least private injury; and
2 of 5
WHEREAS, the design of the Project has been reviewed and it has been determined that the path of the Project cannot be constructed without acquiring the permanent easement and right -of-way over, under, through, and across the Subject Property; and
WHEREAS, the current ownership of the Subject Property is as follows:
Assessor’s Parcel Number 428-090-33, address of 4414 North Blackstone Avenue, Fresno, Ca lifornia and currently owned by Mike Saadeldin, Mohammad T. Saadeldin, and Masad Inc., a California corporation.
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 in the attached Exhibits “A” and “B,” and WHEREAS, the acquisition of a permanent easement and right-of-way upon the Subject Property is necessary for the construction of the Project because the Subject Property is in the area designated to facilitate the improvements on the east side of North Blackstone Avenue, north of the alignment of East Holland Avenue; and WHEREAS, the City of Fresno has the power and authority to exercise eminent domain and acquire easements and right -of-way for the public use set forth herein in accordance with the Constitution of the State of California, California Eminent Domain Law, California 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 3 of 5
WHEREAS, the City and the owner of the Subject Property have not been successful in negotiati ng the acquisition of the permanent easement and right -of-way over, under, through, and across the Subject Property; and WHEREAS, in accordance with Section 1245.235 of the California Code of Civil Procedure, notice and reasonable opportunity to appear and be heard on this matter have been provided to the persons whose property 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 matter could be heard, the Council has received, heard, and considered information pertinent to the matters required by Section 1245.230 of the California Code of Civil Procedure to be determined herein; and
WHEREAS, the permanent easement and right-of-way will be appropriated to a public use, and in accordance with California 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 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 permanent easement and right -of-way that are sought over, under, through, and across the Subject Property are necessary for the proposed Project. 4 of 5
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 and County of Fresno, State of California, and are more particularly described in Exhibits “A” and “B.”
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 PW01067, Fund 22512, Org 189901, has been established to disburse the necessary funds for the acquisition of the permanent easement and right- of-way upon 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 permanent easement and right-of-way upon the Subject Property.
9. This resolution shall be effective upon final approval. 5 of 5
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, AMY K. ALLER , Interim 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 2026.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2026
Mayor Approval/No Return: , 2026
Mayor Veto: , 2026
Council Override Vote: , 2026
AMY K. ALLER
Interim City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tricia Herrera Date
Deputy City Attorney
Attachments:
Exhibits A, B