REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: NANCY BRUNO, Right of Way Manager
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Approve the Agreement for Purchase and Sale of a Permanent Easement and Temporary Construction Easement to acquire portions of a parcel as easements on Assessor’s Parcel Number 511-012-05S, required for the Ashlan Avenue Widening - Polk to Cornelia Project. (Council District 1)
Body
RECOMMENDATIONS
Staff recommends the City Council approve the Agreement for Purchase and Sale of a Permanent Easement and Temporary Construction Easement, and the associated escrow Instructions, to acquire permanent and temporary easement interests on portions of a 1.38-acre (60,010 square feet) property located at 5383 West Ashlan Avenue, identified as Assessor’s Parcel Number (APN) 511-012-05S, owned by Beatris Medina and Olga Gonzalez, for a total amount of $153,000.00, plus applicable title and escrow costs, for the Ashlan Avenue Widening - Polk to Cornelia Project, and authorize the City Manager, or designee, to sign all documents necessary to complete the acquisition.
EXECUTIVE SUMMARY
The acquisition of easement rights over portions of APN 511-012-05S will provide the City with permanent and temporary easements on real property located at 5383 West Ashlan Avenue in Fresno, California (the Subject Property). These easement rights are required for the Ashlan Avenue Widening - Polk to Cornelia Project (the Project). The Subject Property is owned by Beatris Medina and Olga Gonzalez (collectively, the Owner).
The Owner and the City mutually agreed upon $153,000.00 as just compensation for the acquisition of the necessary property rights. The Owner executed the Purchase and Sale of a Permanent Easement and Temporary Construction Easement and Escrow Instructions on March 20, 2026.
BACKGROUND
The Ashlan Avenue Widening - Polk to Cornelia Project, funded through a Surface Transportation Block Grant (STBG), will widen eastbound Ashlan Avenue between Polk and Cornelia Avenues from one to two lanes, consistent with the ultimate right-of-way (ROW) configuration. The Project includes the following improvements: installation of sidewalks, Class II bike lanes, and a raised median on eastbound Ashlan Avenue. Additional work will include new streetlights, curbs, gutters, curb ramps, power pole relocation, new signal loops, and a new storm drain inlet connected to existing facilities.
To accommodate construction of the Project, the acquisition of specific property rights and right-of-way areas is required. One of the identified properties is APN 511-012-05S, located at 5383 West Ashlan Avenue. The parcel comprises approximately 1.38-acres (60,010 square feet) and is necessary to facilitate the widening of Ashlan Avenue as part of the Project.
The City retained Hamner, Jewell and Associates (HJA) to acquire the necessary property rights from this parcel for the Project. Initially, the City proposed a full acquisition of the parcel due to the anticipated impacts of the Project. On March 13, 2024, following an appraisal by Real Property Analysts (RPA) dated November 1, 2023, to determine the fair market value (FMV), an offer in the amount of $400,000 was mailed via USPS Certified Mail and emailed to the Owner. Subsequently, the Owner’s representative contended that a full acquisition was not necessary and requested a redesign to allow for a partial acquisition. In response, the City worked collaboratively with the Owner to revise the plan, resulting in the proposed acquisition of four easements - three permanent and one temporary - rather than the entire parcel. The redesign included significant modifications, such as the incorporation of retaining walls, to address the proximity of the proposed roadway to the existing structure and to reduce the overall impact on the property.
As a result of the redesign and agreement to pursue a partial acquisition, the Project now requires the following easement rights (the Easements) from APN 511-012-05S:
a) a 0.07-acre (2,863 square feet) portion in permanent easement for public street right-of-way,
b) a 0.12-acre (5,100 square feet) portion in permanent easement to perfect the prescriptive use of Ashlan Avenue, north of the property,
c) a 0.08-acre (3,403.32 square feet) portion in permanent easement for retaining wall maintenance, and
d) a 0.11-acre (4,638.93 square feet) portion in temporary construction easement to construct the proposed improvements
HJA retained RPA to prepare a revised appraisal report focused on the easement areas, rather than a full acquisition, to determine the FMV of the Subject Property. The appraisal report, dated August 22, 2025, concluded that the FMV of the Easements is $153,000.00, as defined by Section 1263.320 of the Code of Civil Procedure. Pursuant to Section 7267.2 of the Government Code, an offer of just compensation in the full amount of the appraisal was delivered via email to the Owner by HJA on September 12, 2025.
Following delivery of the revised offer, HJA reached out to the Owner by phone, email and in person to discuss the City’s proposal. During these discussions, the Owner’s representative expressed concerns regarding the method of acquiring the property rights and the potential non-conforming status of the property after construction due to the roadway’s proximity to the residence. Although this issue was addressed during earlier revision discussions, it did not become a significant concern for them until the revised offer was presented. The Owner indicated they needed additional time to research before agreeing to the terms.
On October 9, 2025, City Staff (Staff) received an emailed letter from the Owner’s representative requesting a two-month extension to exercise their right to obtain an independent appraisal, pursuant to California Code of Civil Procedure Section 1263.025. Staff acknowledged this extension. On December 16, 2025, after receiving no response to Staff’s December 2, 2025 request for an update on the status of the independent appraisal, Staff sent a follow-up letter via email and USPS First-Class Mail. The letter informed the Owner that the City will be recommending a Resolution of Necessity to the City Council and advised that a formal notice will follow, providing the date and time of the public hearing.
Following the City Council’s adoption of a Resolution of Necessity on February 19, 2026, for the acquisition of the property rights on the Subject Property, the Owner agreed to the terms and executed the Agreement on March 20, 2026.
Staff recommends the City Council approve the Purchase and Sale of Real Property and Escrow Instructions in the amount of $153,000, plus applicable title and escrow costs and authorize the City Manager, or designee, to sign all documents necessary to complete the subject acquisition.
The City Attorney’s Office has reviewed and approved the Purchase and Sale Agreement as to form.
ENVIRONMENTAL FINDINGS
An environmental assessment and Initial Study were prepared for the Project, located between Polk and Cornelia Avenues, in accordance with the California Environmental Quality Act (“CEQA”) Guidelines. As part of this process, requests for comments were distributed to responsible and affected agencies, as well as interested organizations. A Draft Mitigated Negative Declaration (“MND”) was prepared pursuant to CEQA and made available for public review from April 15, 2024, through May 15, 2024.
The Initial Study/Mitigated Negative Declaration (“IS/MND”) concluded that the Project could result in potentially significant impacts related to construction-related air quality, biological resources, cultural/tribal resources, and hazardous materials. To avoid or reduce these impacts to a less-than-significant level, the City incorporated appropriate mitigation measures into the Project.
All applicable mitigation measures, along with project-specific measures, will be implemented. With these measures in place, the Project will not result in significant environmental impacts. Therefore, the adoption of a Mitigated Negative Declaration is appropriate under CEQA Section 21157.5(a)(2) and CEQA Guidelines Section 15178(b)(1) and (2).
Based on the attached environmental assessment and the incorporation of applicable mitigation measures, City staff have determined that there is no substantial evidence that the Project will have a significant effect on the environment.
LOCAL PREFERENCE
Local preference was not considered because this agreement does not include a bid for or an award of a construction or services contract.
FISCAL IMPACT
The Ashlan Avenue Widening - Polk to Cornelia Project is located within Council District 1. This acquisition is funded through a Surface Transportation Block Grant (STBG) and required local match funded via New Growth developer fee program. This acquisition will have no impact on the General Fund. All funds necessary for the acquisition are included in the current fiscal year budget as previously adopted by the City Council.
Attachments:
Purchase and Sale Agreement
Location Map
Vicinity Map