Clovis Unified School District (District) owns the real property located between McKinley Avenue and Clinton Avenue, and Fowler Avenue and Armstrong Avenue in the City of Fresno, County of Fresno, State of California and designated as a portion of APN 574-130-01T (Property). The District intends to construct a new elementary school on the Property.
The public street designated as McKinley Avenue currently ends at the boundary of the Property. The District and the City of Fresno intend for McKinley Avenue to be extended onto and through the Property when the District constructs its new elementary school. The City of Fresno desires to acquire an easement over and under a portion of the Property for the purpose of a public street rights-of-way and laying, constructing, reconstructing, maintaining, and operating sewer and storm drain. The description and drawing of the easement are set forth in the Deed of Easement that is attached to Resolution No. 3866 (attached).
The work to lay and construct the sewer and storm drain will be performed by Woodside 06N, LP, the developer that is currently building residential homes in the areas around the Property. The District is responsible for constructing the portion of McKinley Ave. that will be extended onto and through the Property. Following construction of the extension, the City of Fresno shall be responsible for maintaining and repairing the extended public street.
Pursuant to Education Code section 17556, a school district governing board may dedicate or convey to: (1) any state or any political subdivision or municipal corporation thereof for public street or highway purposes any real property belonging to the district; and (2) any public corporation or private corporation engaged in the public utility business an easement to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes or ditches, electric or telephone lines, and access roads used in connection therewith, over and upon any land belonging to the school district, upon such terms and conditions as agreed to by the parties. Education Code section 17557 requires the governing board, by not less than a two-thirds vote of all of its board members, to adopt a resolution declaring its intention to dedicate or convey the easement and set a public hearing not less than 10 days thereafter on the question of making the conveyance.
The dedication and conveyance of a public street rights-of way and public utility easement is a two-step process. At the April 20, 2022 board meeting, the Board adopted Resolution No. 3865, which: (1) declared its intention to convey the necessary easement to the City of Fresno, and (2) set a public hearing to be held at the Board meeting on May 4, 2022.
At this meeting on May 4, 2022, the Board will complete the second step in the process. In particular, the Board will: (1) hold the public hearing on the question of making the conveyance of the easement to the City of Fresno; and (2) consider and adopt a Resolution No. 3866, which is attached hereto, to approve the conveyance of the public street rights-of-way and public utility easement to the City of Fresno.