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Home My WebLink AboutResolution - - 1998-302 - 10/6/1998 RESOLUTION NO. 98-302 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE CONSTRUCTION OF THE GRANTLAND AVENUE TRUNK SEWER PROJECT, AND THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS WITHIN OR CONTIGUOUS TO, THE HUGO KEVORKIAN, ET AL. PROPERTY FOR THE CONSTRUCTION OF A FIFTEEN INCH SEWER LATERAL LINE TO THE GRANTLAND TRUNK SEWER LINE. WHEREAS, the Grantland Trunk Sewer Project has been under consideration since 1976, and the City of Fresno has found that the construction of said project is'necessary to the full implementation of the Bullard Community Plan in order to provide sewer service to the northwest portion of the Bullard Community Plan Area, as well as the westerly portion of the proposed West Area Plan; and WHEREAS, the Grantland Trunk Sewer Project will eliminate capacity issues related to interim use of the existing Cornelia Trunk Sewer, which services properties',located in the Grantland Sewer Service Area, by diverting a portion of the flows in the Cornelia Trunk Sewer line to the new sewer main, and the flow reversal will permit the abandonment of several sewage pump stations constructed to overcome the uphill location of the Cornelia Trunk Sewer; and WHEREAS, the construction of the approximate twelve-mile long Grantland Trunk Sewer, as depicted on Exhibit "A" attached hereto, will require the acquisition',of permanent and/or temporary construction easements of fifty-two (52) individual properties, extending from the Polk and Herndon area, down Grantland Avenue, to Jensen; and WHEREAS, the construction of a fifteen inch sewer lateral line in the Sierra'and Bullard-Brvan Connector alignments, which traverse the Hugo Kevorkian property,, is needed lhltd CM cl S , 3 02- •is=it�ir�= to reverse flows from a sewer lift pump station that is pumping sewage into the Cornelia Trunk Sewer on a temporary basis, and which new sewer line would connect to the Grantland Trunk Sewer line just west of the Kevorkian property; and WHEREAS, the owners of the Kevorkian property have not conveyed the required easements to the City as identified in Exhibit "B" attached hereto; and WHEREAS, the fair market value of the easements on the Kevorkian property identified in Exhibit "B" attached hereto has been determined by an independent, professional real estate appraiser, and an offer has been transmitted to the property owners pursuant to Section 7267.2 of the California Government Code; and WHEREAS, the project will not displace or relocate any resident or business, and in order to minimize disruption to the neighborhoods and traffic, the project will be constructed in four (4) phases as explained in Exhibit "A" attached hereto; and WHEREAS, the Grantland Trunk Sewer Project has been environmentally reviewed through Environmental Impact Report No. 10118; and WHEREAS, in accordance with Section 1245.235 of the Code of Civil Procedure, notice and reasonable opportunity to appear and be heard on this matter has been given to the property owners whose names and addresses appear on the last equalized Fresno County Tax Assessment Rolls; and WHEREAS, at such time and place, or as soon thereafter as the matter could be heard, the City of Fresno received, heard and considered information pertinent to the matters required by Section 1245.30 of the Code of Civil Procedure to be determined herein. NOW, THEREFORE, IT IS RESOLVED and the City of Fresno finds, declares, determines and orders as follows: 2 I. The public interest and necessity requires the construction of the proposed Grantland Sewer Project and the fifteen inch sewer lateral line within the Kevorkian property. 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. Permanent and temporary construction easements within the Kevorkian property must be acquired from the property owners as identified in Exhibit "B" attached hereto. 4. An offer to purchase the permanent and/or temporary construction easements at the fair market value has been transmitted to the respective owners as required by Section 7267.2 of the California Government Code. 5. The City of Fresno has the authority to acquire the necessary easements for those properties outside its territorial limits pursuant to Section 1240.125 of the Code of Civil procedure. 6. The easements required for the Grantland Sewer Project are depicted and described on the maps and legal descriptions attached hereto as Exhibit "B". 7. The City Attorney is authorized and directed to institute and conduct to conclusion, in the name of the City of Fresno, proceedings 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 permanent and temporary construction easements, and accept and consent to the recordation of any deeds of right-of-entry on behalf of the City of Fresno. 8. Capital Project No. 1822(04) has been established from which to disburse the necessary funds for the acquisition of the easements and staff and attorney costs. 3 9. 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 and attorney's fees, to acquire the necessary permanent and temporary construction easements. CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, REBECCA E. KLISCH, 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 6th day of October , 1998. AYES Bredefeld, Briggs, Perea, Quintero, Ronquillo, Steitz, Mathys NOES None ABSENT None ABSTAIN: None REBECCA E. KLISCH City Clerk �/ ? APPROVED AS TO FORM CITY ATTORNEY'S OFFICE BY: D puty MO:dcc[4304 dcc/ED9.5]09-29-98 4 EXHIBIT "A" _71P C. H6RN SRNDON AWNU6 NIT ` • 45' Ems»�' W FIGURE 1 a3.4M WERRA �� , 'M;5• 1C)f/7 8.12/3099 A CITY OF FRESNO k GRANTLAND TRUNK SEWER W to PC PROJECT 6 8 -9 B BAAsmr HIE °°" PROPOSED STAGING Ic 61 8/99-9 I OF CONSTRUCTION SHAY a �18- 5 12 * SNAr UNI B errrsauRc 83.4 rr; /5 /17/99 -2 4 PEAK PERIODS.• a MARCH 7HRU APRIL $ AUGUST 15 7HRU NOVEMBER N 'siawH mAx 1: SCALE: 1=5,000' L&P LJ MRBTA PC/� J 4 9 AHWA PEAK PERIODS wlauls MARCH THRU JUNE �• • AUGUST 15 7HRU NOVEMBER o : LEGEND so � PROPOSED GRANXAND TRUNK SEWER ■ " ■ cam" --»- »-- EVS77NG TRUNK SENER NEAR ■ PC I -� POINTS OF CONNEC770M FP 7 /99 7 X9 P.ac POINT OF CONNEC770H n ■ LSP NLsr P07EN77AL PARALLEL SERVICE SEWER, OR EXIENSION TO EUM/NA7E • I I — EXISIING'PUMP STA71ON ■ /lva : • EVS77NG PUMP S7A770N ■ ■ PROBABLE BORE AND JACK 571E NIT »'^6� '/��9 -3 O n ; (NON-1RRIGAAOW FApUIY) a3.6Mt ,� ® PROBABLE BARE AND JACK SITE % ■ (IRR/LAWN FACILITY) uvRR PC PIPEUNE do RELATED,CONSIRUCnON PLUS FIRST UFT AC PAVING RCBCHmN CANA Nfi=m FP FINAL LIFT OF AC PAVING PLUS RELATED TC 3/1/9 /1S/99 .2 TC TOTAL CONS7RUC770N, INCL. REPAVING 7fRtaBR/OCS IIHRSSBRIDCa —•—•—•— FRESNO piY LIMITS ' PEAK PERIOD: APRIL 77-IRU DECEMBER NOTE: COSTS PER UNIT SHOWN (BEGINS EASTER) ARE ESTIMATED TRUNK SEWER C0NS7RUC770N COSTS ONLY, AND DO xsARNar NOT INCLUDE PIPE PROCUREMENT. R/W ACQUIS17ION OR CON77NGENCIES PC f/1/9 FP 8/T/9 RN CAUMRNIA BLAIN CHURCH & FLYNN ENGINEERING FRmo-CLOWa CALIFORNIA (209)291-5507 UNIT D �° JANUARY 6. 1998 NURCN TC x/1/99 19 -2 RENSfD MARCH 31, 1998 $3.0W/iii, OHURCN 0 01HOLE 11/2/9eID-Al O. `x v C. — 1,YiS6N 72 J NssN 1 Y Ib 12 BCF FAE NO. 96-0179 A5� mv PACE 9-3 COMP.FKE ND.96179ESA.D.0 TM �Nr J W O EXHIBIT B Legal Descriptions & Drawings EXHIBIT "A" APN 506-130-16 (portion) That portion of Lot 108 of J.C. Forkner Fig Gardens Subdivision No. 2, according to the Imap thereof recorded in Book 8 of Plats at Page 66 Fresno County Records, more particularly described as follows: COMMENCING at the West quarter-corner of Section 3, Township 13 South, Range 19 East, Mount Diablo Base and Meridian; thence N 89'44'02" E, along the north line of the southwest quarter of said Section 3, a distance of 658.12 feet to the northerly prolongation of the east line of said Lot 108; thence S 0°36'07" W, along said northerly prolongation and along said east line, a distance of 75.31 feet to the TRUE POINT OF BEGINNING of this description; thence S 50°57'13" W, a distance of 270.18 feet; thence S 30°07'41" W, a distance of 324.16 feet; thence S49°36'18" W, a distance of 205.98 feet; thence N 46°05'52" W, a distance of 143.99 feet to the west line of said Lot 108; thence S 0°33'23" W, along said west line, a distance of 41.25 feet; thence S 46°05'52" E, a distance of 142.22 feet; thence N 49036'18" E, a distance of 238.28 feet; thence N 30°07'41" E, a distance of 323.80 feet; thence N 50°57'13" E, a distance of 239.81 feet to the east line of said Lot 108; thence N 0°36'07" E, along said east line, a distance of 38.96 feet to the TRUE POINT OF BEGINNING. Contains an area of 28,317 square feet, more or less. 97-206 PW FILE 9989 10-A-653 g97-206.wpd WEST 1/4 OR SK 3, 13/19 SIEIRURVAX - b51312' — - — - - 5 89"44'02•W - ui ' \0 38.96' 30' tiah�� 5 i en rr �O ' 108 N 46°05'52'W �Cw 143.39' 1 J No .25 .ti0`� 10 O 41 Z �l, ,S 4 N 46*05'52'W �•��. 142.22' > D � SVR LLJ ca :9 4 NO.4690 I � DCP.9l30/99 ® NOTE: CROSSHATCHING INDICATES AREA TO BE DEDICATED D�DCADvB\DRAW\GRANM ND\G97-206.dw2 " CITY OF FRESNO W.O.NO. 4n>eAlciMlxroFrlrsucwoRxs W NO. 89 RAYMOND E SAIAM DIRECTOR Fff.&PRC WPROVED maLH� 97-206 PARCEL TO BE DEDICATED ASA OFFiGE BIIG_ - aro®a,ec PLAT 1444 PERMANENT EASEMENT AND RIGHT-OF--WAY OEi_BY OHC SHEET NO. I EE FOR A SANITARY SEWER LINE DA-M SEPT..ism °f �`' SCALE 10-A-653 EXHIBIT "A" APN 506-130-16 (portions) PARCEL 1 That portion of Lot 108 of J.C. Forkner Fig Gardens Subdivision No. 2, according to the map thereof recorded in Book 8 of Plats at Page 66 Fresno County Records, more particularly described as follows: COMMENCING at the West quarter-corner of Section 3, Township 13 South, Range 19 East, Mount Diablo Base and Meridian; thence N 89°44'02" E, along the north line of the southwest quarter of said Section 3, a distance of 658.12 feet to the northerly prolongation of the east line of said Lot 108; thence S 0°36'07" W, along said northerly prolongation and along said east line, a distance of 42.85 feet to the TRUE POINT OF BEGINNING of this description thence S 50°57'13" W, a distance of 295.49 feet; thence S 30°07'41" W, a distance of 324.47 feet; thence S49°36'18" W, a distance of 179.06 feet; thence N 46°05'52" W, a distance of 144.36 feet to the west line of said Lot 108; thence S 0°3323" W, along said west line, a distance of 34.38 feet; thence S 46°05'52" E, a distance of 143.39 feet; thence N 49°36'18" E, a distance of 205.98 feet; thence N 30°0741" E, a distance of 324.16 feet; thence N 50°57'13" E, a distance of 270.18 feet to the east line of said Lot 108; thence N 0'036'07" E, along said east line, a distance of 32.47 feet to the TRUE POINT OF BEGINNING. Contains an area of 23,589 square feet, more or less. PARCEL 2 That portion of Lot 108 of J.C. Forkner Fig Gardens Subdivision No. 2, according to the map thereof recorded in Book 8 of Plats at Page 66 Fresno County Records, more particularly described as follows: COMMENCING at the West quarter-comer of Section 3, Township 13 South, Range 19 East, Mount Diablo Base and Meridian; thence N 89°44'02" E, along the north line of the southwest quarter of said Section 3, a distance of 658.12 feet to the northerly prolongation of the east line of said Lot 108; thence S 0°36'07" W, along said northerly prolongation and along said east line, a distance of 114.28 feet to the TRUE POINT OF BEGINNING of this description; thence S 50°57'13" W, a distance of 239.81 feet; thence S 30°07'41" W, a distance of 323.80 feet; thence S49°36'18" W, a distance of 238.28.feet; thence N 46°05'52" W, a distance of 142.22 feet to the west line of said Lot 108; thence S 0°33'23" W, along said west line, a distance of 13.75 feet; thence S 46°05'52" E, a distance of 141.84 feet; thence N 49036'18" E, a distance of 249.05 feet; thence N 30°07'41" E, a distance of 323.68 feet thence N 50°57'13" E, a distance of 229.69 feet to the east line of said Lot 108; thence N 0'36'07" E, along said east line, a distance of 12.99 feet to the TRUE POINT OF BEGINNING. Contains an area of 9,442 square feet, more or less. 97-207 PW FILE 9989 10-A-653T g97-207.wpd — WEST 1/4 R SEC. 3, 13/19 1 � SIERRA AVE. S 89°44'02"W� _ � _ _ 658. 12' _ N T N 1 � 30' o IZ9� V \54% W rn rn 1 i\�O' RST �ti9 S 108 P ZI 5 N w S/ Q' 00 t3.! O � .4' NO u- M 2 �� /O/ O oQ I PARC E L I _� LU z z . z� Jf ti,&•, PARCEL 2 3.75 > lbs p.- V"` Q �� -• NO.4690 9T.9130/99 S ®NOTE CROSSHATCHING INDICATES AREA TO BE DEDICATED D-\DCADvB\DRAV AGRANTLNC)\G97-207.dw2 NO. X89 CITY OF FRESNO DEPARIM111101PUBLICWOR%S RENO. WA.NO. 714 RAYMOND Q WAZAR DIRECTOR RE.14 kv. APPROVED 97-207 PARCEL TO BE DEDICATED AS AN C0omm ° °� arynaa�e� PIAT 1444 EASEMENT AND RIGHT—OF—WAY FOR DR.BY DHC SHEET NO. I 0-1.BY OF 1 SHEETS TEMPORARY CONSTRUCTION PURPOSES DATE SEFrr..1997 1 Q—A-653T SCALE 2 Z.K October 7, 1998 Council Adoption: �G TO: MAYOR JIM PATTERSON Mayor Approval Mayor Veto: FROM: REBECCA E. KLISCH, C �erk Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION By: FOR APPROVAL OR VETO Deputy At the Council meeting of 10/6/98 , Council adopted the attached Resolution No. 98-302 entitled Acquisition of easement for Grantland Avenue Trunk Sewer Project, by the following vote: Ayes Bredefeld, Briggs, Perea, Quintero, Ronquillo, Steitz, Mathys Noes None Absent None Abstain None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before 10/19/98 . Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. Thank you. APPROVED: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Date: *Jiterson, ZMayor COUNCIL OVERRIDE ACTION: Date: Ayes Noes Absent Abstain c: Jeff Reid, City Manager Hilda C. Montoy, City Attorney