REPORT TO THE CITY COUNCIL FROM: RANDALL W. MORRISON, PE, Director Capital Projects Department SCOTT L. MOZIER, PE, Director Public Works Department BY: JESUS AVITIA, PE, Assistant Director Capital Projects Department, Transportation Project Management Division NANCY BRUNO, Supervising Real Estate Agent Capital Projects Department, Capital Administration Division SUBJECT ..Title Approve the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement and Escrow Instructions to acquire a permanent easement and a temporary construction easement for a total cost of $26,500.00 for a portion of Assessor's Parcel Number 510-120-12 for the Southbound Polk Avenue Widening Project (Council District 1) ..Body RECOMMENDATIONS Staff recommends that the City Council approve the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement and Escrow Instructions to acquire a permanent street easement and right of way and a temporary construction easement on portions of a 0.82-acre (35,719 square feet) parcel, improved with a single-family residence located at 4909 North Polk Avenue (Assessor's Parcel Number (APN) 510-120-12), owned by Juan De Dios Iniguez, Trustee, for a total amount of $26,500.00 in monetary consideration to provide the areas necessary for the City to construct the street improvements and widening of the west side of Polk Avenue from Shaw Avenue to Gettysburg Avenue as part of the Southbound Polk Avenue Widening Project. Staff further recommends that the City Council authorize the Capital Projects Director or his designee to sign all documents necessary to complete the subject acquisition. EXECUTIVE SUMMARY The subject acquisition, as memorialized in the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement and Escrow Instructions, will provide the City with a permanent street easement and right of way and a temporary construction easement, which are necessary to construct the street improvements and widening of the west side of Polk Avenue from Shaw Avenue to Gettysburg Avenue as part of the Southbound Polk Avenue Widening Project. The Project requires a 0.057-acre (2,500.12 square feet) portion in permanent street easement and right of way for public street purposes, and a 0.004-acre (172.31 square feet) portion in temporary construction easement from a 0.82-acre (35,719 square feet) parcel, improved with a single-family residence, located at 4909 North Polk Avenue (APN 510-120-12) owned by Juan De Dios Iniguez, Trustee. Juan De Dios Iniguez, Trustee and the City came to a mutually agreed upon total amount of $26,500.00 as just compensation for the acquisition of the two portions of the parcel, including the impacted improvements, and signed the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement and Escrow Instructions on October 17, 2023. BACKGROUND Polk Avenue currently is a two-lane roadway in need of curbs, gutters, sidewalks, and drainage facilities. As a result, bottlenecks exist between the older areas and newer, fully improved subdivisions that have developed in the County. In accordance with the 2035 General Plan, Polk Avenue is ultimately to be constructed as a four-lane divided arterial between Shaw Avenue and Belmont Avenue, as development occurs west of State Route 99. The City of Fresno was awarded a Federal Surface Transportation Block Grant (STBG) that provides construction funding for the Southbound Polk Avenue Widening Project. The STBG application was part of a package of grants adopted for submission and execution per Resolution Number 2017-288 adopted by the City Council on October 19, 2017. The City of Fresno seeks to construct street improvements and widen southbound Polk Avenue from Shaw Avenue to Gettysburg Avenue. The City's consultant is currently preparing the plans, specifications, and construction documents for the Southbound Polk Avenue Widening Project between Shaw Avenue and Gettysburg Avenue. The project improvements will include curb and gutter, paving, sidewalks, street lighting and a High Intensity Activated Crosswalk (HAWK) pedestrian crossing near Teague Elementary School. The City retained Hamner, Jewell and Associates to acquire a permanent street easement and a temporary construction easement from the subject parcel on its behalf for the Southbound Polk Avenue Widening Project. Hamner, Jewell and Associates retained Real Property Analysts to prepare an appraisal report of fair market value of the two portions of the property necessary for the Project. It was determined that the total value of the portions of the parcel to be acquired, including impacted improvements is $20,145.00, rounded to $20,200.00. The land value without the cost to cure is established as $13,780.00; the cost to cure is determined to be $1,105.00; the cost to replace improvements impacted as a result of the project is $5,260.00. The cost to cure includes funds for Mr. Iniguez to replace impacted fencing, gates, concrete edging and driveway strips, trees, bushes, and relocation of the existing mailbox on his property after the completion of the Project. The appraisal review was performed by RowLand Valuation who concurred with the value given by Real Property Analysts. Hamner, Jewell and Associates met with the property owner and presented a formal offer on May 22, 2023. The Property Owner did not agree with the value of the land offered, and after further negotiations, a total amount of $26,500.00 was mutually agreed upon as just compensation for the acquisition. On October 17, 2023, Juan De Dios Iniguez, Trustee, agreed to and signed the Agreement for Purchase and Sale of a Permanent Street Easement and Temporary Construction Easement and Escrow Instructions. The City Attorney's Office has reviewed and approved the purchase agreement and associated deeds as to form. ENVIRONMENTAL FINDINGS A Negative Declaration, P18-02753 was prepared to assess widening Polk Avenue, between Shaw Ave to Rialto Ave ("Polk Widening Project"). The Neg Dec was adopted by Fresno City Council on December 7, 2023. The Polk Widening Project proposed street improvements to Polk Ave, including roadway widening, street rehabilitation and repair, as well as construction of curb, gutter, and sidewalk along North Polk Avenue. Included within the project assessed by Neg Deg P18-02753 was the acquisition of portions of parcels along the roadway. This approval seeks to implement a portion of that project by acquiring right of way necessary to complete the contemplated roadway improvements. An analysis has been performed pursuant CEQA Guidelines �15162 to determine whether subsequent environmental review is required for this approval. Based upon this analysis the following findings are made to support the determination that no subsequent environmental review is required: 1. No substantial changes are proposed in the project which will require major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In this case, the Polk Widening Project is being implemented as planned. Specifically, this approval proposes acquisition of right of way, which is a necessary component of the project as assessed. 2. No substantial changes have occurred with respect to the circumstances under which the project was undertaken which will require major revisions of the previous Negative Declaration or Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 3. There is no new information, which was not known and could not have been known at the time of the previous Negative Declaration showing that: a. The project will have one or more significant effects not discussed in the previous Negative Declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous Negative Declaration; c. Mitigation measures or alternatives previously found to be not feasible are now feasible and would substantially reduce one or more significant effects of the project. Based upon these findings, it has been determined that no further environmental documentation is required for this approval. LOCAL PREFERENCE Local preference was not considered because this agreement does not include a bid for or award of a construction or services contract. FISCAL IMPACT The proposed Southbound Polk Avenue Widening Project from Gettysburg Avenue to Shaw Avenue is within Council District 1. This acquisition will have no impact to the General Fund. All project costs for the right-of-way phase are funded with federal STBG and local New Growth Area Major Street Impact Fee funds. 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 Deed of Easement Temporary Construction Easement Deed Vicinity Map Location Map