REPORT TO THE CITY COUNCIL
FROM: DENIX D. ANBIAH, PE, Director
Capital Projects Department
SCOTT L. MOZIER, PE, Director
Public Works Department
BY: ANTONIO M. BUELNA, PE, Assistant Director
Capital Projects Department, Capital Administration Division
NANCY BRUNO, Right of Way Manager
Capital Projects Department, Capital Administration Division
SUBJECT
Title
Actions pertaining to the acquisition of property rights on a portion of a parcel to benefit the Ashlan Avenue Widening - Polk to Cornelia Project (Council District 1):
1. Adopt a finding of the Mitigated Negative Declaration dated March 28, 2024, prepared for the Ashlan Avenue Widening - Polk to Cornelia Project;
2. Approve the Agreement for Purchase and Sale of a Permanent Easement and Escrow Instructions for the property identified as Assessor’s Parcel Number 511-085-01 in the amount of $222,000, plus applicable title and escrow costs.
Body
RECOMMENDATIONS
Staff recommends the City Council 1) adopt a finding of the Mitigated Negative Declaration dated March 28, 2024, prepared for the Ashlan Avenue Widening - Polk to Cornelia Project, and 2) approve the Agreement for Purchase and Sale of a Permanent Easement and Temporary Construction Easement and Escrow Instructions to acquire:
a) a 0.12-acre (5,598 square feet) portion in permanent easement,
b) a 0.18-acre (8,125 square feet) portion in permanent easement, and
c) a 0.28-acre (12,599.70 square feet) portion in temporary construction easement;
from property located at the northwest corner of West Ashlan and North Dante Avenues, identified as Assessor’s Parcel Number (“APN”) 511-085-01, owned by Mark Vehar, Administrator of the Estate of Mario Vejar aka Mario Moreno Vejar, deceased, pursuant to the Independent Administration of Estates Act, filed in the Superior Court of California, County of Fresno, Case No. 24CEPR01077, and Marco A. Bejar, Juan Bejar, Maria K. Trujillo, and Elizabeth Arellano, in the amount of $222,000, 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 subject acquisition.
EXECUTIVE SUMMARY
The acquisition of property rights on APN 511-085-01 (the “Subject Property”) will provide the City with permanent and temporary easements on real property located at the northwest corner of West Ashlan and North Dante Avenues in Fresno, California. These easements are necessary for the Ashlan Avenue Widening - Polk to Cornelia Project (the “Project”). The Subject Property is owned by Mark Vehar, Administrator of the Estate of Mario Vejar aka Mario Moreno Vejar, deceased, pursuant to the Independent Administration of Estates Act, filed in the Superior Court of California, County of Fresno, Case No. 24CEPR01077, and Marco A. Bejar, Juan Bejar, Maria K. Trujillo, and Elizabeth Arellano (collectively, the “Owner”). The Subject Property includes two residential structures that will be acquired and demolished as part of the Project. The occupants of these residences have been relocated in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (“URA”).
The Owner and the City mutually agreed upon a total amount of $222,000 as just compensation for the acquisition of the Subject Property. The Owner signed the Agreement for Purchase and Sale of a Permanent Easement and Temporary Construction Easement and Escrow Instructions on November 5, 8, and 10, 2025.
BACKGROUND
Ashlan Avenue Widening - Polk to Cornelia Project, funded through a Surface Transportation Block Grant (“STBG”), will widen eastbound Ashlan Avenue between Polk Avenue and Cornelia Avenue from one lane 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.
The Subject Property is a portion of the Owner’s parcel, which consists of approximately 1.76-acres (76,665 square feet) and is identified as APN 511-085-01. The City retained Hamner, Jewell and Associates (“HJA”) to acquire the necessary property rights this parcel for the Project. The Project required the following easement rights (the “Easements”) from APN 511-085-01:
a) a 0.12-acre (5,598 square feet) portion in permanent easement,
b) a 0.18-acre (8,125 square feet) portion in permanent easement, and
c) a 0.28-acre (12,599.70 square feet) portion in temporary construction easement
HJA retained Real Property Analysts to prepare an appraisal report to determine the fair market value (“FMV”) of the Subject Property. The appraisal report, dated May 5, 2025, concluded that the FMV of the Easements was $222,000.
On September 4, 2025, HJA sent a formal offer in the amount of $222,000 via USPS First-Class Mail and email to each individual listed as an Owner, offering to purchase the Easements for the Project. The Owner agreed to the amount of just compensation and signed the Purchase and Sale Agreement and associated deeds on November 5, 8, and 10, 2025.
This acquisition is funded through a Surface Transportation Block Grant (STBG) and 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.
Staff recommends the City Council approve the Agreement for Purchase and Sale of a Permanent Easement and Temporary Construction Easement in the amount of $222,000, 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 in 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 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:
Mitigated Negative Declaration #E202410000107
Purchase and Sale Agreement
Location Map
Vicinity Map