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HomeMy WebLinkAboutPM 2015-07 - Conditions of Approval - 12/17/2015 CITY OF FRESNO DEVELOPMENT & RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL NOVEMBER 12, 2015 VESTING TENTATIVE PARCEL MAP NO. 2015-07 NORTH SIDE OF WEST MINARETS AVENUE BETWEEN NORTH SAN PABLO AND NORTH COLLEGE AVENUES NOTICE TO PROJECT APPLICANT All tentative maps are subject to the applicable provisions of the State Subdivision Map Act(SMA), Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this tentative map. In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. Upon conditional approval of Vesting Tentative Parcel Map No. 2015-07, the subdivider may prepare a Parcel Map (Final) in accordance with the approved vesting tentative parcel map. Note that a Parcel Map may not be filed until the appeal period has expired. Should an appeal be filed pursuant to Section 12-1207 of the FMC, the application will be scheduled to be heard before the City of Fresno Planning Commission. The appellant may withdraw their appeal pursuant to Section 12-1207.2 of the FMC. Concurrent with the filing of a Parcel Map and when the provisions of Section §66436 of the SMA apply,the subdivider is responsible to send, by certified mail, a sketch of the proposed Parcel Map, together with a copy of Section§66436(a)(3)(A)of the SMA,to any public entity or public utility which has previously acquired a right-of-way easement. LEGAL STATUS OF SITE TO BE SUBDIVIDED The parcel map site is situated in the City of Fresno, County of Fresno, State of California, and was legally created as: A portion of Lots 16& 17 and canal segment H of Block 19 of the Townsite of Pinedale, Recorded in Book 9 of Plats at Pages 92 and 93, Fresno County Records, more particularly lying in the south half of said Block 19 and described as follows: Beginning at a point on the north line of the south half of said Block 19, said point being 126 feet westerly from the northeast corner of the south half of said Block 19 and running thence westerly Conditions of Approval Tentative Parcel Map No. 2015-07 November 12, 2015 Page 2 along said north line of the south half of said Block 19,through lots 16& 17 and canal segment H,a distance of 249 feet, a little more or less,to a point on the west line of Lot 16;thence southerly along said west line, a distance of 125 feet, a little more or less, to the southwest corner of Lot 16; thence easterly along the south line of lots 16 & 17 and canal segment H, a distance of 249 feet, a little more or less, to a point 126 feet westerly from the southwesterly corner of Lot 17;thence northerly,a distance of 125 feet, a little more or less, to the point of beginning. Excepting therefrom that portion of Lots 16 & 17 and canal segment H described as follows: The west 125 feet of the east 375 feet of the south half, of said Block 19. APN: 303-042-31 PLAN CONSISTENCY The subject site is located within the jurisdiction of the Bullard Community Plan and the Fresno General Plan. These plans designate the subject property with the medium density planned land use designation. ZONING 1. Comply with the provisions of the State of California Government Code Sections §66410 - §66499.58 of the SMA and the City FMC Chapter 12, Article 10 (Subdivision of Real Property). GENERAL CONDITIONS 2. Any existing and/or proposed structure(s) on the site may be affected due to the location of the proposed parcel lines. The placement of a parcel line in close proximity to any existing and/or proposed structure(s) requires that the structure(s) be found in compliance with the fire resistive standards of the Uniformed Building Code, Chapter 5. a) Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to recordation of the Parcel Map. Contact the Development and Resource Management Department, Building and Safety Services Division at(559)621- 8200. • NOTE: In the event the structures do not comply they must be modified so as to meet the requirement. 3. All existing offsite overhead utilities within the limits of the vesting tentative parcel map, including but not limited to, electrical systems, communication systems and street lighting systems shall be placed underground in accordance with the provisions of Section 12-1011 and Resolution No. 78-522/88-229, and the policies of the Public Works Department. Conditions of Approval Tentative Parcel Map No. 2015-07 November 12, 2015 Page 3 4. All work and engineered plans for public improvements shall conform to the 2002 Edition of the City of Fresno Standard Specifications and Drawings(City Council Resolution No. 70-36 and Resolution Nos. 84-361) and any amendments thereto, hereinafter referred to as the Public Works Standards. 5. All off-site and public improvements shall be constructed in accordance with the Public Works Department Standards, Specifications and Policies. Engineered construction plans and estimates for all or part of the required work shall be required prior to the issuance of Street Work Permits unless otherwise determined by the City Engineer. The cost for such plan preparation, review and construction inspection shall be at the subdivider's expense. 6. The subdivider shall dedicate and construct public easements to facilitate the construction of curbs, gutters, sidewalks with street tree wells and irrigation systems (when applicable), permanent pavement, street/safety lighting, bus bays, right turn lanes, bike lanes, bike paths, multi-purpose trail, wheelchair ramps and public utilities in accordance with City plans, ordinances, resolutions and policies, and the Standard Specifications of the Public Works Department within the limits of the parcel map. • NOTE: Telephone, cable, and other public utilities which propose above-ground facilities (such as cabinets) determined by the Development and Resource Management Department Director to be oversized shall be located in an additional easement area outside of the required landscape strip. a) All such public easements shall be identified and dedicated with the processing and recordation of the Final Parcel Map. Dedicate an easement at the rear of the property to allow for the existing overhead utilit lines and the water main. 7. A minimum four foot wide clear path of travel is required along all street frontages of the property as required by Title 24 of the California Administration Code, current ADA regulations; and, as determined by the City Engineer. • NOTE: An on-site pedestrian easement and construction of a path may be required if Title 24 and ADA provisions cannot be met within the public rights-of- way. a) Any existing sidewalks in excess of 2%maximum slope must be brought into compliance prior to acceptance by Public Works. 8. Repair all existing damaged and/or off grade off-site concrete street improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. 9. Existing driveway approaches which do not provide access to an approved vehicle parking area shall be removed. Conditions of Approval Tentative Parcel Map No. 2015-07 November 12, 2015 Page 4 10. When street/safety lighting installations are required, street lighting plans shall be submitted for review and approval by the Traffic Engineer prior to the issuance of permits for the work. Services to street lighting installations shall be separated from the electrical service(s) serving the development. The type, location and service for street lighting installations shall be as determined by the Traffic Engineer. Street lighting installations shall be dedicated to the City upon completion and acceptance of the installations. 11. If not existing, street work on major streets shall be designed to include Intelligent Transportation Systems (ITS) conduit in accordance with the Public Works ITS specifications. 12. All required signing and striping shall be installed and paid for by the developer/owner. The signing and striping plans shall comply with the current Caltrans standards and shall be submitted to the Public Works Department for review and approval as a part of the street improvement plans for this tentative map. 13. Any existing utilities, including but not limited to, street lights, traffic signals, fire hydrants, poles (power, telephone, cable, etc.), which must be relocated or removed in conjunction with the construction of off-site improvement requirements, shall be the responsibility and at the expense of the subdivider. 14. The subdivider may either construct or install required public improvements,when required; or, enter into a bonded secured agreement with the City of Fresno providing for the construction of the required improvements and sufficient security prior to the recordation of a Parcel Map (final). 15. Whenever covenants or agreements are required, they shall be prepared by the city upon receipt of the fee in accordance with the adopted Master Fee Schedule. All covenants and agreements must be approved by the City Attorney's Office and shall be recorded with the final parcel map. SPECIFIC CONDITIONS STREETS AND RIGHTS-OF-WAY 16. Comply with the letter from the Public Works Department,Traffic and Engineering Services Division, memorandum dated November 5, 2015. STREET TREES 17. Comply with the letter from the Public Works Department, Park Supervisor dated September 4, 2015, relative to the street tree requirement. SANITARY SEWER SERVICE 18. Comply with the requirements of the Department of Public Utilities, Planning and Engineering memorandum dated September 9, 2015. Conditions of Approval Tentative Parcel Map No. 2015-07 November 12, 2015 Page 5 WATER SERVICE 19. Comply with all of the requirements of the Department of Public Utilities, Water Division memorandum dated September 10, 2015. CITY OF FRESNO FIRE DEPARTMENT 20. The City of Fresno Fire Department has no requirements for the proposed project. SOLID WASTE SERVICE 21. Comply with the solid waste requirements within the Department of Public Utilities memorandum dated September 10, 2015. FRESNO IRRIGATION DISTRICT 22. Comply with all of the requirements of the Fresno Irrigation District memorandum dated August 26, 2015. FRESNO METROPOLITAN FLOOD CONTROL DISTRICT FMFCD 23. Comply with the letter(email)to the Development and Resource Management Department dated September 16, 2015. DEVELOPMENT FEES AND CHARGES This project is subject to the following development fees and charges: SEWER CONNECTION CHARGES FEE RATE a. Sewer service provide by Pindale County Water District - WATER CONNECTION CHARGES FEE RATE b. Water service provide by Pindale County Water District CITYWIDE DEVELOPMENT IMPACT FEE FEE RATE i. Fire Facilities Impact Fee—Citywide [4] $539.00/living unit j. Park Facility Impact Fee — Citywide [4] $2,278.00/living unit k. Quimby Parkland Dedication Fee [2] $1,120.00/living unit I. Citywide Regional Street Impact Fee [3] $8,361.00/adj. acre m. New Growth Area Major Street Fee [3] $18,790.00/adj. acre Conditions of Approval Tentative Parcel Map No. 2015-07 November 12, 2015 Page 6 n. Police Facilities Impact Fee—Citywide [4] $624.00/living unit o. Traffic Signal Charge [1] $450.94/living unit p. UGM Right of Way Acquisition Charge [2] N/A Notes: On July 22, 2008,the Fresno County Board of Supervisors passed Ordinance No. 2008—023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20,2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No.2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. DEPARTMENT OF PUBLIC WORKS TO: Nathan Bouvet, Planner III Development and Resource Management Department FROM: Hilary Kimber, Parks Supervisor II (559.621.1345) Public Works, Median Island Maintenance DATE: September 4, 2015 SUBJECT: Parcel Map 2015-07; 222 & 228 West Minarets Avenue (APN: 303-042-31) The Department of Public,Works offers the following comments regarding the proposed project located on the north side of West Minarets between North College and North San Pablo Avenues: GENERAL REQUIREMF_NTS 1. The Developer is required to provide street trees on all public street frontages per Fresno Municipal Code, Street trees shall be planted at the minimum rate of one tree for each 60' of street frontage. Irrigation is required for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards and ABI 881, 2. There are approximately 124 lineal feet of street frontage along W. Minarets Ave. resulting in the requirement of two (2) street trees. The suggested street tree species for W. Minarets Ave. is: Fraxinus Americana `Autumn Applause' or `autumn Purple' Autumn Applause or Autumn Purple Ash 3. Trees shall be planted in accordance with the City of Fresno "Standard and Specifications". 4. Public Works requires a landscape and irrigation plan to the scale of V=20' to be submitted prior to the installation of street trees or onsite trees planted in-lieu-of street trees. Ll Nathan Bouvet From: Ann Lillie Sent: Thursday, August 27, 2015 11:56 AM To: Joann Zuniga; Nathan Bouvet Cc: Louise Gilio; Hilary Kimber Subject: RE: Request for Comment -Vesting Tentative Parcel Map No. 2015-07, north side W Minarets between N College and N San Pablo No CFD comments! Best Regards SeV.LOr EwgLKteAVLg Techw%ciaw Traffic and Engineering Services Division (559) �2i-8690 Ann.lillie@fresno.gov From: Joann Zuniga Sent: Friday,August 21, 2015 4:32 PM To: skahl@co.fresno.ca.us; glallen@co.fresno.ca.us; jgardner@co.fresno.ca.us; Tsuda, Kevin; ajs4@pge.com; D3P4@pge.com; gc2714@att.com; engr-review@fresnoirrigation.com; developmentreview@fresnofloodcontrol.org; Karana Hattersley-Drayton; Yeghia Oulashian; Richard Madrigal; Jarred Garza; John Downs; Darla Scott; Laurie Sawhill; Michael Carbajal; Robert Diaz; Kevin Gray; Doug Hecker; Mikeal Chico; Terri Ann Hauschel; Jon Bartel; Frank Saburit; Jeff Beck; Steve Delsid; Scott Sehm; Ann Lillie; Hilary Kimber; Alan James; Louise Gilio; Andrew Benelli; jv- pcwd@sbcglobal.net; 'don ulrich@cusd.com'; Jairo Mata; Melessa Avakian; Terri Ann Hauschel Cc: Nathan Bouvet; Will Tackett Subject: Request for Comment- Vesting Tentative Parcel Map No. 2015-07, north side W Minarets between N College and N San Pablo Commenting Partners: You have been identified as the best contact to provide your department/agency's review and comments for the subject vesting tentative parcel map request. Please click the following link and download an electronic copy of the parcel map information for review. Project Address: 222 and 228 West Minarets Avenue APN: 303-042-31 htta://m3 fresno.p_ovlupload/files/121199096/VTPM201507e[ectronicroutinp..Pd (click on bookmarks to navigate). We look forward to receiving your responses electronically and any comments you may have by the September 10, 2015, comment deadline. If you do not have any comments, please communicate a TENTATIVE PARCEL MAP NO. 2015-07 GOVERNMENT GODS§66020(d)(9) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun. improvements and payments shall not be required on or in front of any undeveloped portion of a net acreage of ter►acres or more which exists after the division of land. All improvements and payments to be completed with development. SEWER CONNECTION CHARGES FEE RATE Sewer service provided by Pinedale County Water District WATER CONNECTION CHARGES FEE RATE Water service provided by Pinedale County Water District CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE b. Fire Facilities Impact Fee— Citywide [4] $539.00/living unit c. Park Facility Impact Fee — Citywide [4] $2278.00/living unit d. Quimby Parkland Dedication Fee [2] $1120.00/living unit e. Citywide Regional Street Fee [3] $8,361.00/adj. acre f. New Growth Area Major Street Fee [3] $18,790.00/adj. acre g, Police Facilities Impact Fee —Citywide [4] $624.00/living unit h. Traffic Signal Charge [1] $450.94/living unit i. Street Acquisition/Construction Charge [2] N/A Nates: On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No, 2003 —023 requiring the payment of County Public Impact Facilities Impact F=ees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public: Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No. 2009-- 01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG)to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. [1] Deferrable to Certificate of Occupancy through Fee Deferral Covenant. [2.] Due at Final Map approval. [3] Due at issuance of Building Permit. [4] Due at Certificate of Occupancy. J 1,11) of yk�gr,urfst• t, A,t FWjbc DEPARTMENT OF PUBLIC UTILITIES —WATER DIVISION y DPU F MEMORANDUM C 9 G • ,Ifw DATE: September 10, 2015 TO: ATHAN BOUVET, Planner III Development and Resource Management Department— Current Planning THROUGH: MICHAEL CARBAJAL, Division Manager Department of Public Utilities—Water Division FROM: ROBERT DIAZ, Senior Engineering Technician Department of Public Utilities—Water Division g?d SUBJECT: WATER REQUIREMENTS FOR VESTING PARCEL MAP 2015-07. General Vesting Tentative Parcel Map No. 2015-07 for approximately 0.36 acres of property located on the north side of West Minarets between North College and North San Pablo Avenues, 222 & 228 West Minarets Avenue & APN: 303-042-31 (ZoneR-1/UGM). Water Service Project site is located within the jurisdiction of another provider for sanitary sewer service. The applicant should contact Pinedale Public Utility District for service conditions and/or restrictions. A Nationally Accredited Public Utility Agency f.w! City of 1,���Ng C067S K iff�� 0 DEPARTMENT OF PUBLIC UTILITIES N DPU ADMINISTRATION DIVISION MEMORANDUM �• Date: September 9, 2015 To: NATHAN BOUVET, Planner III Planning and Development Department From: KEVIN GRAY, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Subject: SEWER REQUIREMENTS FOR VESTING TENTATIVE PARCEL MAP PM-2015-07 General VESTING TENTATIVE PARCEL MAP NO. 2015-07 FOR APPROXIMATELY 0.36 ACRE OF PROPERTY LOCATED ON THE NORTH SIDE OF WEST MINARETS BETWEEN NORTH COLLEGE AND NORTH SAN PABLO AVENUES, 222& 228 West Minarets Avenue &APN: 303-042-31 (ZoneR-1/UGM). Sewer Requirements 1. Project site is located within the jurisdiction of another provider for sanitary sewer service. The applicant should contact Pinedale County Water District for service conditions and/or restrictions. 2. Abandon any existing on-site private septic systems. 3. On-site septic system shall not be allowed. ;1 x A Nationally Accredited Public Utility Agency City of FRESNO) DEPARTMENT OF PUBLIC UTILITIES Date: September 10, 2015 To: NATHAN BOUVET, Planner III Development and Resource Management Department,Current Planning From: MIKEAL CHICO, Management Analyst II �I Solid Waste Management Division Subject: VESTING TENTATIVE PARCEL MAP NO. 2015-07 FOR APPROXIMATELY 0.36 ACRE OF PROPERTY LOCATED ON THE NORTH SIDE OF WEST MINARETS BETWEEN NORTH COLLEGE AND NORTH SAN PABLO AVENUES, 222 &228 West Minarets Avenue&APN: 303-042-31 (ZoneR-1/UGM). Does Pro'ect Affect Your Agency/Jurisdiction No - Project does not have or will not be required to provide a trash enclosure. Suggestions to Reduce Impacts/Address Concerns None. Recommended Conditions of Appro�af None. Additional Information Residents in the proposed single family residential properties will be required to notify the Solid Waste Management Division (621-1452) for trash, recycling and green waste weekly removal services. City of ■ ■ 1 Wiot- FIRE DEPARTMENT DATE: September 9, 2015 TO: NATHAN BOUVET, Planner III Development and Resource Management Department FROM: RANDI EISNER, Senior Fire Prevention Inspector`-A� Fire Department, Community Risk Reduction Unit SUBJECT: TPM 2015-07, 222 & 228 W Minarets The Fire Department has completed a review of the Proposed Tentative Parcel Map 2015-07. It is approved as submitted. Nathan Bouvet From: Mark Will <markw@fresnofloodcontrol.org> Sent: Wednesday,September 16, 2015 8:09 AM To: Nathan Bouvet Cc: Jason Clarke; Leana Lopez Subject- TPM No. 201.5-07 Nathan, For Site Address: 222&228 West Minarets Avenue APN: 303-042-31 Drainage from the lots should be directed to Minarets Avenue.The District has no further comments for the proposed lot split with this notice. If there are any other questions please let me know. Thank you, Mark Will, P.E. Fresno Metropolitan Flood Control District 5469 E. Olive Avenue Fresno, CA 93727 Phone: (559)456-3292 e-mail: markw2fresnofloodcontrol.org f est�ric� nes TELEPHONE(509)2334169 FAX(669)233-8227 c. ,r• - �'- 2807 S.MAPLE AVENUE-" FRESNO,CALIFORNIA 93726.2208 YOUR MOST VALUABLE RESOURON-WATER August 26, 2016 Ms. Joann Zuniga City of Fresno Development and Resource Management Department 2600 Fresno Street, Third Floor RE: Application for Tentative Parcel Map No. 2015-07 NAM Minarets & San Pablo avenues FID's Bullard Canal No. 124 Dear Ms. Zuniga: The Fresno Irrigation District(FID) has reviewed Vesting Tentative Parcel Map No. 2015-07 for approximately 0.36 acres of property located on the north side of Minarets between College and San Pablo. The Vesting Tentative Parcel Map proposes to split the vacant single family residential lot into two single family residential lots, APN: 303- 042-31. FID has the following comments: 1. FID's Bullard Canal No. 124 runs westerly along the south side of the subject property as shown on the attached FID exhibit map. FID owns a varying width exclusive easement, recorded on August 19, 2015 as Document Number 2016- 0105982, Official Records of Fresno County. 2. The canal consists of a 54-inch diameter Cast-in-Place Monolithic Concrete Pipeline(CIP-MCF') installed in 2000, CIP-MCP is a non-reinforced monolithic pipe that is easily damaged, extremely prone to leakage, and does not meet FID's current minimum standards for developed (residential, Industrial, and commercial) parcels or urban areas. 3. At this time, FID will not condition that the developer replace the existing CIP- MCP pipeline with ASTM C-361 RGRCP, which is FID's current requirements for developing urban areas. In addition, the Dullard canal is a dedicated storm channel that can operate at any time of the year. BOARD OF President RYAN JACOBSEN, vite•Presldent JERRY PRIErO JR DIRECTORS STEVEN GALLS,GEORGE PORTER, GREGORY BEBERIAN,General Manager GARY R.SERRATO Ms. Joann Zuniga Re;Vesting Tentative Parcel Map 2015-07 August 26,2015 Page 2 of 3 4. Insuring the pipeline will not be impacted by the development is critical to FII-) operations. In order to protect the integrity of the existing 54-inch diameter CIP.-MCP pipeline, FID is requiring all proposed driveways within its easement be a structural concrete slab with reinforcing steel rebar that conforms to all applicable provisions of ACI 318 and that the concrete within FID's easement be a minimum of 6-1/2. sack (611 pounds of portland cement per cubic yard) with a minimum 28-day compressive strength of 3,500 PSI. 5. FID is concerned about the potential vibrations caused by construction efforts near existing District facilities as it may cause damage to FID's canals, pipelines and culverts. The developer and contractor(s) must keep all large equipment and stockpile outside of FID's easement and a minimum of 20 feet away from existing cast-in-place concrete pipe. The developer and/or its contractor(s)will be responsible for all damages caused by construction activities. 6. FID will require its review and approval of all encroachments including, but not limited to: signs, lighting, curb &gutter, private sewer and water crossings, concrete sidewalks or driveways, paving, fencing, etc. 7. FID will require its easement be shown on the parcel map with proper recording information. FID must also be made a signing party to the parcel map. 8. FID requires the Landowner/Developer submit for FID's review and approval a grading and drainage plan which shows that the proposed development will not endanger the structural integrity of the pipeline, or result in drainage patterns that could adversely affect FID. 9. In recent years, FID has experienced numerous issues with its pipelines in landscaped areas, primarily due to tree root intrusion and other encroachments which may damage the pipe or hinder FID access and maintenance. FID requires all trees be located outside of its easement. Significant pipeline damage often occurs by the time this problem is identified by FID and can be very costly to make the necessary repairs. 10. FID invoice 4927 in the amount of$1,923.90 has been paid (see attached invoice). No additional fees will be charged at this time. G;1AgonciosVf°roanoCllylPurcrl A1ap1201 -07.Ucct ri Ms.Joann Zuniga Re:Vesting Tentative Parcel Map 2015-07 August 26,2015 Page 3 of 3 11. The above comments are not to be construed as the only request FID will have regarding this project. FID will make additlonal comments and requests as necessary as the project progresses. If you have any questions please feel free to contact Walid Almasri at(559)233-7161 extension 7407 or walmasd@fresnoirrigation.com. Sincerely, JbV-�- `- Laurence Kimura, P.E. Chief Engineer-Special Projects Attachment O:V1p*nW**%Fr"noC11Y%Puc91 MOP%2015-0T.docx m ^ . ) � , M 7 ! § \ § COLLEGE 2 $ \ - ,,� 2 . \ . ¢ % t 44, - �? . - .2 ` ( 7 § m LlCO G6E a� �mko % � ' ] ' _ . } # ! ! . . A_ m 11 ` ~ 777 • ' . } Im sNmko \ P. . � � . m §' ■ ;Nd wven@mev d NV9 I ( ■ | � � � / •} \ Z F ° § k rfl ƒ i 0 ' r : - ° \ - . . ; ■ } . 2 ' ■ - SUGAR PINE z ■ ; � E® . : ■ i OISVd NVS g w j _ C N 3 pD o jj y ■ SII # —491 . • 1 ► ♦ 1 r � I � ■ ♦ 1 • ■ Fresno Irrigaflon Distdot 2907 S. Maple Ave. Fresno CA, 93725-2211 Phone (569)233-7161 TO: V,Dvf Matt vaklablo iwourim-WAw A CGU Cd I-JAW AVE 1!237 'LRH SNP CA 93722 INVOICE, INVOICE,NUMBER ivo!c N--um I.. DEPT NUMBER CUST CODE BILL DATE I DUE DATE .10 6/10/2015- ITEM DESCRIPTION QUA"TY TYPE PRICE AMOUNT TRACT OR PARCEL MAP 1. 00 BACK 825 .0000 825.00 GRANT OF EASEMENT 1. 00 SACH 330 .0000 330 , 00 ENCROACHMENT AGREEMENT 1. 00 EACH 330.0000 330. 00 QUITCLAIM DEEP 1. 00 EACH 330.0000 330. 00 ADMIN FEE Ck 1, 815. 00 0 .0600 108. 90 ........... .... .. ........ ... ........ JOB: IvITSC. 2014-062 CANAL: tULLWtD NO-124 THANK YOU FOR YOUR BUSINESS �b1191�11�, � PM wwjMMr VMMCr FtMM CA *MS4218 PIPEIfflZ L4SZMFM AGRERMZNT LOCATION: N/W bdinerets and San Pablo Avenues APN: 303-042-31 CANAL: Bullard No. 124 This Ag mement is made effective as of Augu$4-2015,by and between(i) the Fresno hripdw District,a California irrigation distract("District")and(ii) Momentum Housing,Inc.,a California corporation("Landowner"). Landowner is the owner of that certain real property described in ExWWt9 to this Agreement(the "Property"). District desires to acquire an casement in the Property for an underground irrigation pipeline. NOW TMBFORE,in consideration of the mutual covenanb and conditions contained herein,the parties agree ae follows: (a) I wdowner does hereby grant to District,its successors arul cosigns,a perpetual and exclusive easement and right-of-way to construct,install, operate,use,maintain,alter,repair,improve,reconstruct,entarge and supplement pipes, pipelines and conduits,and to flow and conduct water through said pipes,pipetines atu.1 conduits,across,over,through and under the area more particularly described and depicted in ExhMt AA to this Agreement(the"Easement Area"). (b) Said ewscment and right-of-way shall include all rights convenient or incidental to the use thereof inchWing the right of ingress to and egress from said easement sad right-of-way so deew[W ova aad across the PfOPUty. (c) All pips,pipelines,conduits and other facilities constructed by or for Distrid upon strd within the Basement Area shall become and remain the property of District and shall be maintained by District at District's expense and Landowner shall have no right,title or interest therein. (d) When asid pipes,pipelines acct other structures or facilities shall be constructed and maintained,the ma ww in which they shall be constructed and l Fmrro.:20a"1264&&xot4-OGZot maintained and the time and manner for conducting and discharging water through the same shall be in the sole and absolute control of District. 2. Encrg4lunents. (a) District hereby consents to Landowner's installation,xnaintensance and renjoval of improvements within the Easement Area("Encroachments")that do not unreasonably interfere with District's use of its own facilities or the casement. Landovener shall comply with all federal, state and local codes and ordinances regarding the installation,maintenance,repair and replacement of any Encroachments. (b) Prior to installation of any Encroachments,Landowner shall submit to District for District's approval a site plan which clearly indicates the nature, size,material and location of the Encroachments to be installed within the Easement Area. All Encroachments shall be installed in accordance with the approved site plan on a schedule approved by District to avoid interference with District's water delivery and maintenance schedules, District shall have the right to inspectthe installation of the Encroachments to confirm conformance with the site plan. Landowner acknowledges and agrees that District's right to approve the installation and construction of the. Encroachments(i)is solely for the:benefit of District,(ii)shall lint assign to District any responsibility for the safe and proper construction of the Encroachments,and(iii)shall not result in District's assumption of any liability for the Encroachments. (c) Landowner shall bear all costs of installing,maintaining,repairing and replacing the Encroachments. Landowner shall at all times maintain the Encroachments so as not to interfere with the normal operation and maintenance of District's facilities. Should Landowner fail to maintain,repair,or replace the Encroachments,District shall have the right(but not the obligation)to perform any maintenance,repair,replacement,or removal necessary for District's unhindered use of its facilities or the easement following reasonable written notice to Landowner. Landowner shall be responsible to reimburse DistHot on demand for any reasonable cost incurred by District in connection with the Encroachments,with interest at the rate of 10%per mmum on any unpaid balance of said costs to accrue starting 30 days after writteli demand for payment is made. (d) Landowner shall repair or replace at Landowner's sole expense any District facilities damaged by or as a result of the installation,maintenance,repair or replacement of any of the Encroachanents. In the event landowner fails,neglects,or refuses to repair or replace any such damage within 30 days after written notice from District or otherarise fails to proceed diligently in repairing;or replacing such damage, District shall have the right,but shall not be required,to make any such repairs or replacements,and Landowner shall repay to District the cost of any such repairs or replacement with interest at the rate of 10%per annurn fromthe date(s)amounts were expended by District. (e) All Encroachments installed or constructed pursuant to this Agreement shall be the property of Landowner. Except as herein otherwise provided, 2 FID No.:2015-TH24-Mise.2OW-062-01 neither District nor Landowner shall have any right,title,or control over the other's propaiy,exoept as provided bylaw. 3. V urthcr Asjwmnm. From time to tlme and st any time after the execution and delivery hereof;each of the paatles,at its own expense,shall execute,adcnowleldge and deliver any further insen>meala,documane and other assumnoes reasonably requestod by the other party,and shall lake any other action consistent with the terms of this Agreement that may reasonably be requested by the othar party,to evidence or carry out the intent of this Agreenmd. 4. This Agrema""I-im with the lend"and shall be binding upon the Property,and shall inure to the bandh of the future owners of the Prey. 5, ProfaAwnals, Should any action or proceeding be commenced betwem the parties hereto concerning this Agreement,or the rights and duties of any party in relation thereto,the party prevailing in such action or proceeding shall be entitled,in addition to such other relief as may be granted,to recover from the losing party a reasonable sum for its attorneys',paralegals',ac4muntants',and other professional fees and cosb incurred in connection with such action or proceeding. 6. Survival. Each of the terms,provisions,representations,warrautics,and covenants ofthe parties shall be condmmus and shall survive the closing or other eonetlmmattan of the transactions contemplated in this Agreement. 7. N All no*=and other communications required under this Agreement shall be in writing and shall bo deemed to have been duly given(i)on the date of service,if served personally on the hereon to whom notice is to be given,(i's)an the date of service if seat by telecopier,provided the original is concurrently sent by first class mail,and provided that notices receival by telecopicr after 5.00 P.M.shall be deemed given on the next business day,(iii)on the next business day after deposit with a ,recognized overnight dellvery service,or(14)or on the third(3rd)day atleer milling,if mailed to the party to whom notice is to be given by first claw mail,registered or omdfied,pedWprepaK and p awly addressed as follows: To District: Fresno Irrigation District 2907 South Maple Fresno,CA 93725-2218 Atter. General Manager To Landowner. Mame tum Housing,Inc. .0 cot A party may change its address for notices by providing notice to the other parties as provided above. 3 FID No.;201"124-Mks 2014462-01 s. Miscellaneous.Time is of the essence of this Agreement and each and all of its provisions.The subject headings Of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the cons"etion or interpretation of any of its provision>_s. Waiver of any breach of this, Agreement by any party hereto shall not constitute a continuing waiver or a waiver of my breach of the same or another provision of this Agement.This Agreement may be executed in any number of counterparts surd each such counterpart shall be deemed to be, an original instrument. If any provision of this Agrecitient is held by a court of coinpelent jurisdiction to be void or menforoeable,tlx:remaining provisions shall remain in full ibrc(,-and effect and shrill not he affected. This Agreement shall be governed by the laves of the State of California. IN WITNESS WHEREOF,the parties have executed this Agreement to IV effective as of the date First above written. "Landowner" "Districts' Momentum Housing,Inc.,a California Fresno Irrigation District,a California corporation irrigation district y JuM G.Ruelas,President .Taco s ,Pre ' By ~ BY �. Secze#auZ' Crary R.Serres,Secretary 4 M)No.:2015-D124-Min.2014-062.01 EXHIBIT"A" SHEET 1 OF 2 SHEETS DEED OF EASEMENT FOR IRRIGATION PIPELINE PURPOSES LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,COUNTY OF FRESNO,CITY OF PINEDALE AND DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS'16,17 AND CANAL SEGMENT H OF BLOCK 19 OF THE TOWNSITE OF PINEDALE,RECORDED IN BOOK 9 OF PLATS AT PAGES 92 AND 93,FRESNO COUNTY RECORDS,MORE PARTICULARLY LYING IN THE SOUTH HALF(112)OF SAID BLOCK 19 AND DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF THE SOUTH HALF 0/2) OF SAID BLOCK 19,SAID POINT BEING 126 FEET WESTERLY FROM THE NORTHEAST CORNER OF THE SOUTH HALF(1/2)OF SAID BLOCK 19; THENCE SOUTHERLY A DISTANCE OF 125 FEET,PARALLEL AND 126 FEET WEST OF THE EAST LINE OF SAID BLOCK 19 TO THE SOUTH LINE OF THE SOUTH HALF(1!2)OF SAID BLOCK 19,ALSO BEING THE POINT OF BEGINNING;THENCE WESTERLY ALONG THE SOUTH LINE OF THE SOUTH HALF(1/2)OF SAID BLOCK 19,A DISTANCE OF 124 FEET,A LITTLE MORE OR LESS,TO A POINT 125 FEET EAST OF THE WEST LINE OF LOT 16 OF SAID BLOCK 19;THENCE NORTHERLY A DISTANCE OF 26.75 FEET,PARALLEL AND 125 FEET EAST OF THE WEST LINE OF SAID LOT 16;THENCE NORTHEASTERLY TO A POINT 126 FEET WESTERLY OF THE EAST LINE OF SAID BLOCK 19,SAID POINT ALSO BEING 40.75 FEET NORTHERLY OF THE SOUTH LINE OF THE SOUTH HALF(1/2)OF SAID BLOCK 19;THENCE SOUTHERLY A DISTANCE OF 40.75 FEET,PARALLEL AND 126 FEET WEST OF THE EAST LINE OF SAID BLOCK 19 TO THE SOUTH LINE OF THE SOUTH HALF(1/2)OF SAID BLOCK 19,ALSO BEING THE TRUE POINT OF BEGINNING. CONTAINING 4180.23 SQUARE FEET,MORE OR LESS. g�.v►�Nn s�y� a�� o al No.169,15 v MWG.mwg * Exp.u9/30/ 14047 FID PIPELINE DED.doc /�I t A L] I Dr R Ds - N W45'E E WES'7' PINE©ALE A VENUE SHEET 2 ®� 2 SHITS _ � , WEST LIN( OF LOT 16 I / plA I I S ITE��0 a= ron0' /r� A' N�.odAr 05 of ,� PA co"i OCTA a �g3 05 t gpOK F5N0 lit' qIT' 5 9a RFG NORT1iEAST CORNER OF THE ,()If' O,�NTr/ SOUTH HALF OF BLOCK 19 SOP I I / NORTH LINE OF THE SOUTH HALF OF BLOCK 19 / 249'A: u�! POINT OF COMMENCEMENT r 7 I IK 19„LpN>p 05 1 1 V r .()e ()F 03 p I 124,64- Ba f .► ` I 1n SOUTHEASTERLY CORNER-• 40' � 1y5' I2G.7"a' of LOT 17 125' { 126' 7.49 POINT OF 1 ./ WST MfIVARErS A VENUE BEGINNING � 1 N 89°45'E — SOUIHI EST CORNER OF LOT 16 T M THE CROSS—HATCHED AREA INDICATES 60 3 0 b0 THAT PORTION BEING DEEDED TO FRESNO IRRIGATION DISTRICT FOR IRRIGATION PIPELINE PURPOSES SCALE IN FEET LAN/) S�� CONTAINS w 4180.23 S.F. Qmffa MOMENTUM HOUSING INC. t, 6771 E. CARMALEE LANE r FRESNO, CA 93727 No. 899 (559) 472-9546 k Cxp. 09-36-15 R NRFPAI�Eq P1' �/� L CA11C1� R. W. GREENWOOD ASSOCIATES, INC. 2558 EAST OLIVE AVENUE FRESNO, CALIFORNIA 93701 1 - Ph. (559) 266--7831 PLOT vt MARK W. GREENWOOD LS 6845 DATE W AtIY0CAi3 ID:: 14047,lnVC ExHl firs.&ay. CITY OF FRESNO FUND 'lay. DEPARTMENT OF PUBLIC WORKS ORR%NO, DEED OF EASEMENT DR. BY_ NAME St,ECT NO. � FOR IRRIGA71ON PIPELINE PURPOSES CH. BY or SHf£YS BEING A PORTION OF LOT 17, BLOCK 19 HATE OF THE TOWNSITE OF PINEDALE SCALE. AS SHOWN_