REPORT TO THE CITY COUNCIL
April 8, 2021
FROM: SCOTT L. MOZIER, PE, Director
Public Works Department
THROUGH: RANDALL W. MORRISON, PE, Assistant Director
Public Works Department, Engineering Division
BY: R. SCOTT BEYELIA, Supervising Real Estate Agent
Public Works Department, Real Estate and Lease Services
SUBJECT
Title
Approve the Agreement for Purchase and Sale of a 1,183 square foot permanent easement from a portion of 3936 North Polk Avenue (APN: 511-012-01), owned by Maria D. Meraz for $80,100 in compensation (Council District 1)
Body
RECOMMENDATION
Staff recommends the City Council approve the acquisition of a permanent street easement and escrow instruction for the acquisition of a 1,183 square foot permanent street easement at 3936 North Polk Avenue (APN: 511-012-01) from Maria D. Meraz in the amount of $80,100 and authorize the Public Works Director or his designee to sign all documents necessary to complete the subject acquisition.
EXECUTIVE SUMMARY
The conditions of approval of Vesting Tentative Map No. 6215 imposed the requirement to install a traffic signal at the corner of North Polk Avenue and West Ashlan Avenue. The Subdivider has executed the Subdivision Agreement with an addendum that provides for the City to negotiate and/or exercise its power of eminent domain, to acquire the necessary rights of way easements. All right-of-way acquisition expenses are being paid for by the developer.
BACKGROUND
The Fresno City Planning Commission on June 19, 2019, approved Vesting Tentative Map No. 6215 (Tentative Map) for a 98-lot single-family residential subdivision on 17.35 acres. The Tentative Map was approved consistent with the Fresno General Plan and the West Area Community Plan to comply with the provisions of the Subdivision Map Act. The Final Map of Tract No. 6215 and the Subdivision Agreement of the Final Map of Tract No. 6215 including Addendum to Subdivision Agreement for Right of Way Acquisition was approved and recorded on June 5, 2020. The right of way at 3936 North Polk Avenue (APN: 511-012-01), owned by Maria D. Meraz, is one of four parcels required pursuant to the conditions of approval of Vesting Tentative Map No. 6215. The right of way is required in order to install a traffic signal to accommodate the additional traffic generated by the subdivision.
The Subdivider posted an initial deposit in the amount of $211,000 for the estimated acquisitions and legal costs. An appraisal was conducted by Joshua J. Palmer with James G. Palmer Appraisals, Inc., with a total appraised value of $80,100. Maria D. Meraz is the owner of the property and has agreed to accept the appraised value as full compensation.
The City Attorney’s Office has approved the Agreement for Purchase and Sale of a Street Easement and Escrow Instructions and the Deed of Easement as to form.
ENVIRONMENTAL FINDINGS
A Mitigated Negative Declaration (Environmental Assessment No. T-6215/UGM) was prepared for vesting Tentative Tract Map No. 6215. The installation of a traffic signal at Ashlan and Polk was identified as a traffic impact mitigation measure and was included in the CEQA analysis.
LOCAL PREFERENCE
Local preference does not apply because approval of the Purchase and Sale Agreement does not include a bid or award of a construction or service contract.
FISCAL IMPACT
The acquisition is located in Council District 1. There will be no impact to the City’s General Fund. Aggregate funds in the amount of $211,000 for acquisition costs have been provided by the developer. All funding necessary for the subject acquisition was included in the current fiscal year adopted City budget.
Attachments:
Agreement for Purchase and Sale
Deed of Easement
Location Map
Vicinity Map