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HMP 2019-0002; Snyder, James M and David Drinco; 2020-0347462: Covenant
RECORDING REQUESTED BY AND) WHEN RECORDED MAIL TO: ) City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) DOC# 2020-034 7 462 I llllll lllll lllll 111111111111111 lllll 111111111111111111111111111111111 Jul 01, 2020 03: 12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $227.00 (S82 Atkins: $75.00) PAGES: 47 Space above this line for Recorder's use Assessor's Parcel Number Project Number and Name 215-050-57-00 HMP 2019-0002 (DEV2018-0032) -Snyder Residence DECLARATION OF RESTRICTIVE COVENANTS This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive Covenant") is made this day _____ by, James Snyder and David Drinco, joint tenants (hereinafter "Declaran ts"). RECITALS A. Declarant is the developer of that certain real property in Carlsbad, County of San Diego, State of California, commonly referred to as Snyder Residence -HMP 2019-0002 (the "Project"). B. Declarant is the sole owner in fee simple of those portions of the Project located in the City of Carlsbad, County of San Diego, State of California and as further described in legal descriptions attached hereto as Exhibit "A" and depicted on Exhibit "B" and attached hereto and incorporated by this reference (the "Restricted Property"), which consists of approximately 0.23 acres. C. This Restrictive Covenant provides mitigation for certain impacts of the Project, pursuant to requirements of Condition No. 10 of City of the approval letter dated March 10, 2020 for the Habitat Management Plan Permit for the Project. This Restrictive Covenant is intended and shall be deemed to satisfy such requirement as to the Restricted Property. The amount of Coastal sage/chaparral to be preserved within the Restricted Property is approximately 0.23 acre. D. The Restricted Property possesses wildlife and habitat values of great importance to the People of the State of California and currently is and will remain in a Natural Condition as defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its ecological, historical, visual and educational values (collectively, "Conservation Values"). E. Declarant desires to preserve and protect the Restricted Property pursuant to the city's Habitat Management Plan (HMP) and Section 2.4.1 of the city's Open Space Management CA 09/24/13 215-050-57-00: HMP 2019-0002 (DEV2018-0002) -SNYDER RESIDENCE: Plan (OSMP), a framework management plan that describes four levels of habitat management in the city. F. The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the conservation, protection, restoration, enhancement and management of fish, wildlife and native plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section 1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 661-666c and other applicable federal laws. G. California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant to Fish and Game Code Section 1802, over the conservation, protection, and management of fish, wildlife, native plants and the habitat necessary for biologically sustainable populations of those species, and the Department of Fish and Game is authorized to hold easements for these purposes pursuant to Civil Code Section 815.3, Fish and Game Code Section 1348, and other provisions of California law. H. The City of Carlsbad ("City") is a municipal corporation with a Habitat Management Plan for Natural Communities in the City of Carlsbad ("HMP"} adopted by its City Council in November 2004, with the overall goal of contributing to regional biodiversity and the viability of rare, unique or sensitive biological resources throughout the City and the larger region while allowing public and private development to occur consistent with the Carlsbad General Plan and Growth Management Plan. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS NOW THEREFORE, Declarant hereby declares the Restricted Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to the following restrictive covenants, which shall run with the land and be binding on Declarant' s heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Restricted Property or any portion of it. 1. Purpose. (a) The purpose of this Restrictive Covenant is to ensure the Restricted Property will be retained in perpetuity in a Natural Condition, defined below, and to prevent any use of the Restricted Property that will impair or interfere with the Conservation Values of the Restricted Property ( the "Purpose"). Declarant intends that this Restrictive Covenant will confine the use of the Restricted Property to such activities, including without limitation, those involving the preservation and enhancement of native species and their habitat in .a manner consistent with the habitat conservation purposes of this Restrictive Covenant. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Restrictive Covenant, shall mean the condition of the Restricted Property as it exists at the time this Restrictive Covenant is executed, as well as future enhancements or changes to the Restricted Property that occur directly as a result of the following activities: 2 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: (1) In-perpetuity maintenance ("Long-Term Maintenance, Management, and Monitoring"), that occurs on the Restricted Property as described in Section ~ herein; or (2) Grading allowed by the Grading Plan. (3) Activities described in Section 4 herein. (c) Declarant certifies to City, CDFW, USFWS, that, to Declarant's actual knowledge, there are no structures or other man-made improvements existing on the Restricted Property. Declarant further certifies to City, CDFW, USFWS that, to Declarant's actual knowledge, there are no previously granted easements existing on the Restricted Property that interfere or conflict with the Purpose of this Restrictive Covenant as evidenced by the Title Report attached at Exhibit "C". The current Natural Condition is evidenced in part by the biological resources report (REC Consultants 2019) attached as Exhibit "D", showing all relevant and plottable property lines, easements, dedications, improvements, boundaries and major, distinct natural features such as waters of the United States. Declarant has delivered further evidence of the Natural Condition to City, CDFW, USFWS, (1) a color aerial photograph of the Restricted Property at an appropriate scale taken as close in time as possible to the date this Restrictive Covenant is executed; (2) an overlay of the Restricted Property boundaries on that aerial photograph; and (3) on-site color photographs showing all natural features of the Restricted Property. ( d) If a controversy arises with respect to the Natural Condition of the Restricted Property, City, CDFW, USFWS, shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. 2. Declarant's Duties. Declarant, its successors and assigns shall: (a) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities would be inconsistent with the Conservation Values and would violate the permitted uses of the Restricted Property set forth in this Restrictive Covenant; and (b) Post and maintain signage in or adjacent to the boundary areas of the Restricted Property as described in Section 4(d); and (c) Comply with the terms of this Restrictive Covenant and cooperate with City, CDFW, USFWS, in the protection of the Conservation Values; and ( d) Repair and restore damage to the Restrictive Property directly or indirectly caused by Declarant, Declarant's guests, representatives or agents and third parties; provided, however, Declarant, its successors or assigns shall not engage in any repair or restoration work in the Restricted Property without first consulting with City, CDFW, USFWS, pursuant to Section 6; and ( e) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance 3 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002) SNYDER RESIDENCE: with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements; (f) Perform in-perpetuity Long-Term Maintenance set forth in Section 6 below; and 3. Prohibited Uses. Any activity on or use of the Restricted Property inconsistent with the Purpose of this Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without limiting the generality of the foregoing, the following uses by Declarant, and its respective guests, agents, assigns, employees, representatives, successors and third parties, are expressly prohibited, except as otherwise provided herein or unless specifically provided for by any pre-existing easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance (as set forth in Exhibit C hereto): (a) Supplemental watering except for habitat enhancement activities described m Section 4(b)~ (b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural chemicals or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species conducted by a herbicide applicator licensed to work within habitat preserve areas; ( c) Incompatible fire protection activities, except the fire prevention activities set forth in Section 4(±)~ ( d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways and as necessary to restore native plant communities consistent with Section 4. ( e) Livestock grazing or other agricultural activity of any kind; (f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing, except as allowed in the Management Plan; (g) Residential, commercial, retail, institutional, or industrial uses; (h) Any legal or de facto division, subdivision or portioning of the Restricted Property, except transfers in accordance with Section 1 7 below; (i) Construction, reconstruction or placement of any building or other improvement, billboard, or signs except signs permitted in Section 2(b) and Section 4(d)~ G) Depositing, dumping or accumulating soil, trash, ashes, refuse, waste, bio-solids or any other material; (k) Planting, introduction or dispersal of non-native or exotic plant or animal species; 4 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: (1) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below the surface of the Restricted Property, except as permitted by the Grading Plan; (m) Altering the general topography of the Restricted Property, including but not limited to building of roads, trails, and flood control work; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except as necessary for (I) emergency fire protection as required by fire safety officials as set forth in Section ±a)_, (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3) preventing or treating disease, or ( 4) activities described in Section 2, Section 4 and Section 13; ( o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Restricted Property, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters; and (p) Fuel modification zones ( defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression). 4. Declarant's Reserved Rights. Declarant reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Restricted Property, including the right to engage in or to permit or invite others to engage in all uses of the Restricted Property that are consistent with the Purpose of this Restrictive Covenant, including the following uses: (a) Access. Reasonable access through the Restricted Property to adjacent land over existing roads, or to perform obligations or other activities permitted by this Restrictive Covenant. In addition, police and other public safety organizations and their personnel may enter the Restricted Property to address any legitimate public health or safety matter. (b) Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant native trees and shrubs of the same type as currently existing on the Restricted Property, so long as such activities do not harm the habitat types identified in the Permit. For purposes of preventing erosion and reestablishing native vegetation, the Declarant shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 4, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Restricted Property. Prior to any habitat enhancement activities, Declarant shall have its Biological Monitor submit detailed plans to City, CDFW, USFWS, for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements and Management Plan. ( c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct 5 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002) SNYDER RESIDENCE: or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, permitting requirements, and Management Plan. ( d) Erection and Maintenance of Informative Signage. Erection and maintenance of signage and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions that inform persons of the nature and restrictions on the Restricted Property. The erection and maintenance of informative signage shall not be in direct or potential conflict with the preservation of the Natural Condition of the Restricted Property or the Purpose of this Restrictive Covenant and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. ( e) No Interference with Development of Adjoining Property. Notwithstanding anything set forth herein to the contrary, nothing in this Restrictive Covenant is intended nor shall be applied to in any way limit Declarant or any of Declarant' s successors and assigns from ( 1) constructing, placing, installing, and/ or erecting any improvements upon the portions of the Project not constituting the Restricted Property, (2) installing and/or maintaining the subsurface infrastructure improvements, utility lines, landscaping (including irrigation and runoff), landscape mitigation, and/or similar non-structural improvements within the Restricted Property, and/or (3) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1 ), (2), and (3) neither such activity nor any effect resulting from such activity amounts to a use of the Restricted Property, or has an impact upon the Restricted Property, that is prohibited by Section 3 above. (f) Fire Protection. The right, in an emergency situation only, to maintain firebreaks ( defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove brush, otherwise perform preventative measures required by the fire department to protect structures and other improvements from encroaching fire. All other brush management activities shall be limited to areas outside the Restricted Property. (g) Permitted Grading. The right, upon Grading Permit issuance by the City, to perform grading as shown on the Grading Plan. 5. Access. This Restrictive Covenant does not convey a general right of access to the public or a general right of access to the Restricted Property. In accordance with Section 4(d), Declarant shall install signage at all likely points of entry informing persons of the nature and restrictions on the Restricted Property. This Restrictive Covenant will allow for access to the Restricted Property by City, CDFW, USFWS, and third-party easement holders of record at the time of this conveyance at locations designated in easements and reservations of rights recorded in the chain of title to the Restricted Property at the time of this conveyance 6. Long-Term Maintenance, Management, and Monitoring. In addition to the other terms contained herein, Declarant, its successor or assign shall be responsible for the maintenance/repair of the Restricted Property in perpetuity. Such long-term 6 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: maintenance shall consist of the following activities: (a) annual removal, by hand, of trash or man- made debris, (b) annual maintenance of signage and other notification features or similar descriptions that inform persons of the nature and restrictions on the Restricted Property pursuant to Section 2(b ), ( c) implement its responsibilities under Section 2.4.1 of the city's OSMP including maintenance of boundary fences, and ( d) annual restoration of the Restricted Property damaged by any activities prohibited by Section 3 herein. 7. Endowment Declarant is not required to establish an endowment fund or other annual funding mechanism to fund long-term management by a third party in perpetuity. 8. City, CDFW, USFWS Rights. To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and conveys the following rights to City, CDFW, USFWS, (but without obligation of the City, CDFW, USFWS,): (a) A non-exclusive easement on and over the Restricted Property to preserve and protect the Conservation Values of the Restricted Property; and (b) A non-exclusive easement on and over the Restricted Property to enter upon the Restricted Property to monitor Declarant' s compliance with and to otherwise enforce the terms of this Restrictive Covenant; and ( c) A non-exclusive easement on and over the Restricted Property to prevent any activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive Covenant and to require the restoration of such areas or features of the Restricted Property that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Restrictive Covenant; and ( d) All present and future development rights allocated, implied, reserved or inherent in the Property; such rights are hereby terminated and extinguished, and may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; and ( e) The right to enforce by means, including, without limitation, injunctive relief, the terms and conditions of this Restrictive Covenant. 9. Enforcement. (a) Right to Enforce. Declarant, its successors and assigns, grant to City, CDFW, USFWS, Department of Justice, and the State Attorney General, as well as the City, a discretionary right to enforce these restrictive covenants in a judicial or administrative action against any person(s) or other entity(ies) violating or attempting to violate these restrictive covenants; provided, however, that no violation of these restrictive covenants shall result in a forfeiture or reversion of title. The U.S. Department of Justice, CDFW, State Attorney General and City shall have the same rights, remedies and limitations as ACOE under this Section 9. The rights under this Section are in addition to, and do not limit rights conferred in Section 8 above, the rights of 7 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: enforcement against Declarant or any rights of the various documents created thereunder or referred to therein. (b) Notice. (1) If City, CDFW, USFWS determines Declarant is in violation of the terms of this Restrictive Covenant or that a violation is threatened, City/CDFW/USFWS may demand the cure of such violation. In such a case, City/CDFW /USFWS shall issue a written notice to Declarant (hereinafter "Notice of Violation") informing Declarant of the violation and demanding cure of such violation. (2) Declarant shall cure the noticed violation within fifteen (15) days ofreceipt of said written notice from City, CDFW, USFWS. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to City/CDFW/USFWS for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. IfDeclarant disputes the Notice of Violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the City/CDFW/USFWS within fifteen (15) days of receipt of written notice of violation. (3) If Declarant fails to cure the noticed violation(s) within the time period(s) described in Section 9(b)(2) above, or Section 9(c) below, City/CDFW/USFWS may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Declarant with the terms of this Restrictive Covenant. In such action, the City/CDFW/USFWS may (i) recover any damages to which they may be entitled for violation by Declarant of the terms ofthis Restrictive Covenant, (ii) enjoin the violation, ex parte if necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies, or (iii) pursue other equitable relief, including, but not limited to, the restoration of the Restricted Property to the condition in which it existed prior to any such violation or injury. City/CDFW/USFWS may apply any damages recovered to the cost of undertaking any corrective action on the Restricted Property. (4) If Declarant provides City/CDFW/USFWS with a notice of dispute, as provided herein, City /CDFW /USFWS shall meet and confer with Declarant at a mutually agreeable place and time, not to exceed thirty (30) days from the date that City/CDFW/USFWS receives the notice of dispute. City/CDFW/USFWS shall consider all relevant information concerning the disputed violation provided by Declarant and shall determine whether a violation has in fact occurred and, if so, whether the notice of violation and demand for cure issued by City/CDFW/USFWS is appropriate in light of the violation. (5) If, after reviewing Declarant's notice of dispute, conferring with Declarant, and considering all relevant information related to the violation, City/CDFW/USFWS determines that a violation has occurred, City/CDFW/USFWS shall give Declarant notice of such determination in writing. 8 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: Upon receipt of such determination, Declarant shall have fifteen (15) days to cure the violation. If said cure reasonably requires more than fifteen (15) days, Declarant shall, within the fifteen (15) day period submit to City/CDFW/USFWS for review and approval a plan and time schedule to diligently complete a cure. Declarant shall complete such cure in accordance with the approved plan. (c) Immediate Action. If City/CDFW/USFWS, in its reasonable discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to· the Conservation Values of the Restricted Property, City/CDFW/USFWS may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Restrictive Covenant and state and federal law after giving Declarant at least twenty-four (24) hours' written notice before pursuing such remedies. So long as such twenty four (24) hours' notice is given, City/CDFW/USFWS may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or notice of dispute as described in Section 9(b)(2). The written notice pursuant to this paragraph may be transmitted to Declarant by facsimile. The rights of City/CDFW /USFWS under this paragraph apply equally to actual or threatened violations of the terms of this Restrictive Covenant. Declarant agrees that the remedies at law for City/CDFW/USFWS for any violation of the terms of this Restrictive Covenant are inadequate and that City/CDFW/USFWS shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which City/CDFW /USFWS may be entitled, including specific performance of the terms of this Restrictive Covenant, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 9(c) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. (d) Costs of Enforcement. Any costs incurred by City/CDFW/USFWS in enforcing the terms of this Restrictive Covenant against Declarant including, but not limited to, costs of suit and, any costs. of restoration necessitated by Declarant' s violation or negligence under the terms of this Restrictive Covenant shall be borne by Declarant, subject to California Civil Code section 815. ( e) Enforcement Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the discretion of City/CDFW/USFWS. Any forbearance by City/CDFW/USFWS to exercise rights under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant by Declarant shall not be deemed or construed to be a waiver by City/CDFW/USFWS of such term or of any subsequent breach of the same or any other term of this Restrictive Covenant or of any of the rights of City/CDFW/USFWS under this Restrictive Covenant. No delay or omission by City/CDFW/USFWS in the exercise of any right or remedy upon any breach by Declarant shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond Declarant's Control. Nothing contained in this Restrictive Covenant shall be construed to entitle City/CDFW/USFWS to bring any action against Declarant for any injury to or change in the Restricted Property resulting from: (1) Any natural cause beyond Declarant's control, including without limitation, fire, flood, storm, and earth movement; or 9 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: (2) Any prudent action taken by Declarant under emergency conditions to prevent, abate, or mitigate significant injury to persons and/ or the Restricted Property resulting from such causes. 10. Costs and Liabilities. Declarant, or its successor or assign retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Restricted Property. Declarant agrees City, CDFW, USFWS shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Restricted Property, the monitoring of hazardous conditions thereon, or the protection of Declarant, the public or any third parties from risks relating to conditions on the Restricted Property. Declarant, its successor or assign remains solely responsible for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Restrictive Covenant, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 11. Taxes. Declarant, its successors or assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Restricted Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Restrictive Covenant, and agrees to furnish City, CDFW, USFWS with satisfactory evidence of payment upon request. 12. No Hazardous Materials Liability. (a) Declarant represents and warrants that it has no knowledge of any release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Restricted Property. (b) Despite any contrary provision of this Restrictive Covenant, the parties do not intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such that it creates in or gives City, CDFW, USFWS any of the following: (1) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws ( defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (2) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or (4); or (3) The obligations of a responsible person under any applicable Environmental Laws; or ( 4) The right to investigate and remediate any Hazardous Materials associated with the Restricted Property; or CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: (5) Any control over Declarant's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Restricted Property. (c) The term "Hazardous Materials" includes, without limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions thereof; and ( c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after the date of this Restrictive Covenant. ( d) The term "Environmental Laws" includes, without limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety, the environment or Hazardous Materials. Declarant represents, warrants and covenants to City, CDFW, USFWS that activities upon and use of the Restricted Property by Declarant, its agents, employees, invitees and contractors will comply with all Environmental Laws. 13. Additional Easements. Declarant shall not grant any additional easements, rights of way or other interests in the surface or subsurface of the Restricted Property ( other than a security interest that is subordinate to this Restrictive Covenant), or grant or otherwise abandon or relinquish any water rights relating to the Restricted Property, without first obtaining the written consent of City, CDFW, USFWS. City, CDFW, USFWS may withhold such consent if it determines that the proposed interest or transfer is inconsistent with the Purpose of this Restrictive Covenant or will impair or interfere with the Conservation Values of the Restricted Property. This Section shall not prohibit transfer of a fee or leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and complies with Section 17 below. Declarant, its successors and assigns shall record any additional easements or other interests in the Restricted Property approved by the City, CDFW, USFWS in the official records of San Diego County, California and provide a copy of the recorded document to the City, CDFW, USFWS. 14. Hold Harmless. Declarant shall hold harmless, protect and indemnify City and its, officials, directors, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each a "City Indemnified Party" and, collectively, "City's Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, "Claims"), arising from or in any way connected with: injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except that this indemnification shall be inapplicable 11 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: to Declarant' s Indemnified Parties with respect to any Claim due solely to the negligence of Declarant or any of its employees. If any action or proceeding is brought against any of Declarant' s Indemnified Parties by reason of any such Claim, Declarant shall, at the election of and upon written notice from any of the Declarant Indemnified Parties defend such action or proceeding with counsel reasonably acceptable to the Declarant Indemnified Party, or reimburse the party for all charges incurred for services, including attorneys' fees, in defending the action or proceeding. 15. Amendment. Declarant may amend this Restrictive Covenant only after written concurrence by City, CDFW, USFWS. Any such amendment shall be consistent with the Purpose of this Restrictive Covenant and shall not affect its perpetual duration. Declarant shall record any amendments to this Restrictive Covenant approved by City, CDFW, USFWS in the official records of San Diego County, California, and shall provide a copy of the recorded document to City, CDFW, USFWS. 16. Recordation. Declarant, its successor or assign shall promptly record this instrument in the official records of San Diego County, California, and provide a copy of the recorded document to City, CDFW, USFWS. 17. Assignment and Subsequent Transfers. (a) Declarant agrees to incorporate the terms of this Restrictive Covenant in any deed or other legal instrument by which Declarant divests itself of any interest in all or a portion of the Restricted Property. Declarant, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Restrictive Covenant in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Restricted Property, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Restrictive Covenant. Declarant, its successor or assign agrees to give written notice to City, CDFW, USFWS of the intent to transfer any interest at least thirty (30) days prior to the date of such transfer. Any subsequent transferee shall be deemed to have assumed the obligations of this Restrictive Covenant and to have accepted the restrictions contained herein. The failure of Declarant, its successor or assign to perform any act provided in this Section shall not impair the validity of this Restrictive Covenant or limit its enforceability in any way. (b) From and after the date of any transfer of all or any portion of the Restricted Property by Declarant and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Declarant as to the portion transferred, as set forth in this Restrictive Covenant, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further obligations hereunder except for the obligations set forth above in this paragraph and pursuant to Section 24, and (iv) all references to Declarant in this Restrictive Covenant shall thereafter be deemed to refer to such transferee. 18. Notices. 12 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and be served personally or sent by first class mail, postage prepaid, addressed as follows: To Declarant: To: James Snyder and David Drinco 10162 Prospect A venue # 101 Santee, CA 92701 City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 California Dept. of Fish and Wildlife, Region 5 3883 Ruffin Road San Diego, CA 92123 US Fish and Wildlife Service 21 77 Salk A venue, Suite 250 Carlsbad, CA 92008 FAX 760-431-5902 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case of personal delivery or, in the case of delivery by first class mail, five ( 5) days after deposit into the United States mail. 19. Controlling Law. The laws of the United States and the State of California shall govern the interpretation and performance of this Restrictive Covenant. 20. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant and the policy and purpose California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. 21. Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a court of competent jurisdiction voids or invalidates the application of any provision of this Restrictive Covenant to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. 13 CA 09/24/2013 215-050-57-00: HMP 2019-0002 (DEV2018-0002) SNYDER RESIDENCE: 22. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Declarant' s title in any respect. 23. Successors. The covenants, terms, conditions, and restrictions of this Restrictive Covenant shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Restricted Property. 24. Termination of Rights and Obligations. A party's rights and obligations under this Restrictive Covenant terminate upon transfer of the party's interest in the Restrictive Covenant or Restricted Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 25. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 26. City, CDFW, USFWS and Benefited Parties Except for Section 23, the terms of this Restrictive Covenant are for the benefit of the City, CDFW, USFWS only and are not for the benefit of any other parties. Declarant has executed this Restrictive Covenant the day and year first above 14 CA 09/24/2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of )()\.\A_ ~ '?a° On /')II J t-J , 1--D U) before me, 1.,_ Date &i V\£2--Bet v ~-t-l-, v'l D\--cw~ fuh \ i e-, Here Insert Name and Title of the Ocer personally appeared :J:'0-ltl-1 e_,:s rv, S.hl,tol.Jit I Name(s) of Signer(s) baV,'ol. bvi V1to who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph GINA BARNETT is true and correct. Notary Public -Californi.i San Diego County Commission# 2199037 WITNESS my hand and official seal. Signature , d: /4~ -i4 My Comm. Expires May 26, 2021 Signature of Notary Public Place Notary Seal Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document , L Title or Type of Document: R.-e) :tY f cJ-j)J-e__ (<j))fiUl\1,.J~ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies} Claimed by Signer(s} Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 215-050-57-00: HMP 2019-0002 (DEV2018-0002)-SNYDER RESIDENCE: CITY OF CARLSBAD APPROVED AS TO FORM: CELIA A. BREWER, City Attorney 15 CA 09/24/2013 Assessor's Parcel Number: Project Number and Name: EXHIBIT A-LEGAL DESCRIPTION 16 CA 02/04/13 EXHIBIT "A" LEGAL DESCRIPTION ASSESSOR PARCEL NUMBER: 215-050-57 VESTING: JAMES M. SNYDER AND DAVID DRINCO PERMANENT EASEMENT THAT PORTION OF THE EAST 435.00 FEET OF THE NORTH 110.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 26 AS SHOWN ON MAP 14039 RECORDED SEPTEMBER 19, 2000 AS FILE NO. 2000-0502363 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID SECTION 26 AS SHOWN ON SAID MAP 14039 SOUTH 89°49'47" WEST 277.83 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 41°01'37' EAST 8.55 FEET; THENCE SOUTH 72°29'09" EAST 44.27 FEET; THENCE SOUTH 67°08'37" EAST 69.32 FEET; THENCE SOUTH 83°40'54" EAST 46.72 FEET; THENCE NORTH 73°42'10" EAST 64.60 FEET; THENCE SOUTH 59°56'08" EAST 27.87 FEET TO THE NORTHWESTERLY LINE OF THAT EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES DESCRIBED IN DOCUMENT NO. 2019- 0220021 RECORDED JUNE 7, 2019 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 57°56'30" EAST 39.95 FEET TO THE EASTERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE LEAVING SAID NORTHWESTERLY LINE ALONG SAID EASTERLY LINE NORTH 00°37'37" WEST 27.29 FEET TO THE POINT OF BEGINNING. CONTAINING 9,983 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT MICHAEL L. SCHLUMPBERGER, PLS 7790 Page 1 of 1 Assessor's Parcel Number: Project Number and Name: EXHIBIT B -PLAT MAP 17 CA 02/04/13 S89"49'47"W 46.72' S8J"40'54"E u 277.83' DENOTES AREA OF EASEMENT 9,983 SQ.FT. MORE OR LESS EXISTING EASEMENTS G) 12' WIDE EASEMENT TO SDG&E RECORDED DECEMBER 12, 1961 AS F /P 214437 O.R. @ <t_ 15' WIDE DRAINAGE EASEMENT TO WESTERN PACIFIC HOUSING RECORDED MAY 18, 2000 AS DOC# 2000-0259214 @ SW'L Y SIDELINE OF 200' WIDE EASEMENT TO SDG&E RECORDED DECEMBER 17, 1953 IN BOOK 5081 PAGE 365 O.R. @ SLOPE EASEMENT TO WESTERN PACIFIC HOUSING RECORDED MAY 18, 2000 AS 2000-0259215 @ PUBLIC STREET AND PUBLIC UTILITY EASEMENT TO THE CITY OF CARLSBAD RECORDED JUNE 7, 2019 AS DOC# 2019-0220021 @ 20' ROAD EASEMENT RESERVED BY LAWERENCE L. LUX RECORDED DECEMBER 6, 1973 AS F /P 73-338122 O.R. (/) <t_ 8' WIDE EASEMENT TO SDG&E RECORDED JANUARY 8, 1971 AS F /P 4311 O.R. POB N 1/4 CORNER SECTION 26 SCALE 1''=30' BEARINGS AND DIMENSIONS SHOWN HEREON ARE BASED ON RECORD DATA FROM MAP 14039 ASSESSORS' PARCEL NO.: 215-050-57 VESTING: JAMES M. SNYDER AND DAVID DRINCO Assessor's Parcel Number: Project Number and Name: EXHIBIT C -TITLE REPORT 18 CA 02/04/13 \ Cl TA Preliminary Report form (Rev. 11/06) Order Number: DIV-5622298 Page Number: 1 Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: First American Title First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 californla Department of Insurance License No. 151 DIV-5622298 (04) Korey Mulvey (619)231-4670 (877)648-8386 titleunit4@flrstam.com James M. Snyder 1781 Skimmer Court carlsbad, CA 92011 PRELIMINARY REPORT Updated In response to the above referenced application for a policy of title lnsurance1 this company hereby reports that it ls prepared to issue1 or cause to be issued, as of the date hereof, a Policy or Pollc!es of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exdusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be i.ssl.led may contain an arbitration dause. When the Amount of Insurance is less than that set forth Jn the arbitration clause, all arbitrable matters shall be arbitrated at the option of elttier the Company or -the Insured as the exdusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not 11st all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) Is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liabmty be assumed prior to the issuance of a policy of title Insurance, a Binder or Commitment should be requested. First American Title Page 1 of 13 Dated as of July 16, 2018 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Order Number: DIV~5622298 Page Number: 2 ALTA/CLTA Homeowner's (EAGLE) Polley oflltle Insurance (2013) and ALTA Ext Loan Policy 1056.06 (06-17-06} if the land described is an Improved residential lot or condomlnium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06} and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit A specific request should be made if another form or additional coverage is desired. Title to said estate or Interest at the date hereof is vested in: James M. Snyder, a single man and David Drlnco, a married man as his sofe and separate property, as joint tenants The estate or interest In the land hereinafter described or referred to covered by this Report is: FEE AS TO PARCEL(S) 1; EASEMENT AS TO PARCEL(S) 2 AND 3 The land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exdusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: $1,064.96, PAID Penalty: $0.00 Second Installment: $1,064.96, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 215-050-57-00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Sectlon 75 of the California Revenue and Taxation Code. 4. An easement for ELECTRIC TRANSMISSION LINES and incidental purposes, recorded December 09, 1953 as BOOK 5071 PAGE 317 of Official Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND A'rst American Title Page 2 of 13 Order Number: DIV·5622298 Page Number: 3 5. An easement for EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS and Incidental purposes, recorded December 12, 1961 as INSTRUMENT NO. 214437 of Officfal Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND 6. An easement for EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS and incidental purposes, recorded January 08, 1971 as INSTRUMENT NO. 4311 of Official Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND 7. An easement for UNDERGROUND COMMUNICATION STRUCTURES and lncidental purposes, recorded March 09, 1971 as INSTRUMENT NO. 44883 of Official Records. In Favor of: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Affects: SAID LAND 8. LAN EASEMENT FOR ROAD AND UTILITY PURPOSES AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED DECEMBER 6, 1973 AS INSTRUMENT NO. 338122 OF OFFICIAL RECORDS. 9. An easement for PUBUC STREET AND PUBLIC UTilITIES PURPOSES and incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259213 of Official Records. In Favor of: WESTERN PACIFIC HOUSING-CARLSBAD I, A DELAWARE LIMITED LIABILITY COMPANY Affects: SAID LAND 10. An easement for DRAINAGE and incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259214 of Official Records. In Favor of: WESTERN PACIFIC HOUSING-CARLSBAD It A DELAWARE LIMITED LIABILITY COMPANY Affects: SAID LAND 11. An easement for CONSTRUCTION AND MAINTENANCE OF AN EMBANKMENT SLOPE FOR ROADWAY SUPPORT and incidental purposes, recorded May 181 2000 as INSTRUMENT NO. 00-259215 of Official Records. · In Favor of: WESTERN PACTAC HOUSING-CARLSBAD I, A DELAWARE LIMITED LIABILITY COMPANY Affects: SAID LAND 12. Any easements and/or servitudes affecting easement parcel(s) 2 AND 3 herein described. 13. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. First American Title Page 3 of 13 INFORMATIONAL NOTES Order Number: DIV-5622298 Page Number: 4 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance Is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued In connection with your transaction. 1. This report is preparatory to the Issuance of an ALTA loan Policy. We have no knowledge of any fact which would preclude the Issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if appl!cabfe will reference a(n) Single Family Residence known as 1781 SKIMMER COURT, CARLSBAD, CA. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded October 03, 2017 as INSTRUMENT NO. 17-455313 OF OFFICIAL RECORDS From: LESLIE DRINCO, SPOUSE OF GRANTEE To: DAVID DRINCO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY A document recorded October 03, 2017 as INSTRUMENT NO. 17-455314 OF OFFICIAL RECORDS From: GREGORY E. SASKA, SUCCESSOR TRUSTEE OF THE ISABEL R. SASKA TRUST DATED APRIL 11 1998 To: JAMES M. SNYDER, A SINGLE MAN AND DAVID DRINCO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS JOINT TENANTS 3. We find no open deeds of trust. Escrow please confirm before closing. NOTE to proposed insured lender only: No Private transfer fee covenant, as defined In Federal Housing Finance Agency Final Rule 12 CFR Part· 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage whlch may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rrst American Title Page 4of 13 DESCRIPTION Order Number: DlV-5622298 Page Number: 5 Real property in the City of carlsbad, County of San Diego, State of callfomia, d~scrlbed as follows: PARCEL 1: THE EAST 435 FEET OF THE NORTH 110 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CilY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILllY PURPOSES OVER, UNDER, ALONG AND ACROSS THE EAST 20 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 3: A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO OVER THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FOR THE BENEFIT AND USE OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SAID EASEMENT TO BE 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY UNE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DISTANT THEREON SOUTH 0°3710411 EAST 183.00 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING IN THE ARC OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THROUGH WHICH POINT A RADIAL BEARS NORTH 9°5810611 WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°28'0611, A DISTANCE OF 12.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°3010011 EAST, A DISTANCE OF 62.00 FEET TO THE BEGINNING OFA TANGENT 100,00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°55'00" A DISTANCE OF 62.69 FEET TO A POINT OF REVERSED CURVATURE WITH A 150.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THROUGH WHICH POINT OF REVERSED CURVATURE A RADIAL BEARS NORTH 29°2510011 EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 60.00 FEET, MORE OR LESS, TO THE WESTERLY UNE OF COUN'TY ROAD SURVEY NO. 1800-1, KNOWN AS EL CAMINO REAL. THE SIDELINES OF SAID 40.00 FOOT STRIP SHALL BE LENGTHENED AND/OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, AND IN SAID WEST!;RLY LINE OF EL CAMINO REAL. APN: 215-050-57-00 Rrst American Title Page 5 of 13 First American Title Page 6 of 13 Order Number: DIV-5622298 Page Number: 6 NOTICE Order Number: DIV-5622298 Page Number: 7 Section 12413.1 of the california Insurance Code, effective January 11 1990, requires that any title insurance company, undeiwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 7 of 13 EXHIBIT A Order Number: DIV-5622298 Page Number: 8 LIST OF PRINTED EXCEPllONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVER.AGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of; 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (l) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; {iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a noti<;:e of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prlor to Date of Policy which would be binding on the rights of a purchaser for value without knowfedge. 3. Defects, liens, encumbrances, adverse daims or other matters: (a) whether or not recorded In the public records at Date of Policy; but created, suffered, assumed or agreed to by l::he insured claimant; {b) not known to the Company, not recorded ln the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting In no loss or damage to the fnsured claimant; ( d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceabllity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceabillty of the lien of the Insured mortgage, or daim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending !aw. 6. Any claim, which arises out of the transaction vesting in the insured the estate of Interest Insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE 81 PART I This policy does not Insure against loss or damage (and the Company will not pay costs, attomeysi fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records. 2. Any facts, rights, Interests, or da!ms which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disdose, and which are not shown by the public records. , s. (a) Unpatented mining dalms; (b} reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6, Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ALTA HOMEOWNER:S POUCY Of mu: INSURANCE (12~02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attomeyst fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; Rrst American Title Page 8 of 13 Order Number: DIV~5622298 Page Number: 9 d. improvements on the Land; e. land division; and f. environmental protection. This Excluston does not limit the coverage described In Covered Risk 8.a,1 14, 15, 16, 18, 19, 20, 23 or 27, 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exduslon does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to byYou1 whether or not they are recorded in the Public Records; b. that are Known to You at the Polley Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You Is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state Insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, eartpquake, or subsidence, 9, Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances, LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owners Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 AL'fA LOAN POLICY (06-17•06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar limit of Uabllity $10,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' feesr or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (U) the character, dimensions, or location of any Improvement erected on the Land; (Hi) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdus!on 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Rlsk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; First American Title Page 9 of 13 JI Order Number: DN-5622298 Page Number: 10 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured aatmant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land Is situated. 5. Invalidity or unenforceabiJity in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-fending law. 6. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the Hen of the insured Mortgage, is (a} a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Polley and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or l!mit the coverage provided under Covered Risk 11(b), The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exduslons from Coverage, the Exceptions from Coverage ln a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part n,[ t[or T]his policy does not Insure against loss or damage, and the Company will not pay costsr attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy Will also lndude the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result ln taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining dairns, (b) reservations or exceptions in patents or in ActE authorizing the issuance thereof; {c} water rights, claims or title to water, whether or not the matters excepted under (a), {b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company Insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-:17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a} Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restrlcting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (Ill) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws1 ordinances, or governmental regulations. This Exdusion l{a) does not modify or limit the coverage provided under Covered Risk s. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage prQvlded under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; {b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Oarmant and not disclosed in writing to the Company by the Jnsured Claimant prior to the date the Insured Claimant became an Insured under this policy; Rrst American Title Page 10 of13 Order Number: DlV~S622298 Page Number: 11 (c) resulting in no loss or damage to the Insured Qaimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured daimant had paid value for the litle. 4. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this poJicy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests ·ntle as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended (..overage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damaget and the Company will not pay costs, attorneys• fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. {a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, lights, Interests, or daims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons In possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by an accurate and complete land survey of the land and not shown by the Public Records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b)1 or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, tabor or material not shown by the Public Records. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVER.AGE RESIDEN11AL LOAN POLICY (07~26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage of this policy, and the Company will Mt pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to · (i} the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any Improvement erected on the land; (iii) the subdlvlsion of land; or (iv} environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Rlsk 5, 6, 13(c}, 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exduslon does not modify or limit the coverage provided under Covered Risk 7 or a 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimanti (b) not Known to the Company, not recorded in the PUblic Records at Date of Policyr but Known to the Insured Claimant'and not disclosed ln writing to the Company by the Insured Oaimant prior to the date the Insured aatmant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 231 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the land Is situated. 5. Invalidity or unenforceability in whole or ln part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-tending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6, Any claim of Invalidity, unenforceabllity or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the First American Title Page 11 of 13 .... .,..,,. Order Number; DIV-5622298 Page Number: 12 . Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exduslon does not modify or limit the coverage provided ln Covered Risk 11. 7. Any lien on the lltle for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Polley in accordance with applicable building codes, This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any daim1 by reason of the operation of federal bankruptcy, state insolvency, or similar creditors1 rights laws, that the transaction creating the lien of the Insured Mortgage, is {a) a fraudulent conveyance or fraudulent transfer, or (b} a preferential transfer for any reason not stated In Covered Risk 27{b) of this policy. 10. Contamination1 explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. First American Title Page 12 of 13 ~ I FirSt Ameri.can Title Privacy Information We Are Committed to 5aifeg11o1rding Customer Infomtatlan Order Number: DIV~5622298 Page Number: 13 tn order to better ser11e your needs now.and in the future, we may ask you to provide us with certain lnfonnatlon. We understind that you may be concerned about what we wlll do wlth :sud1 information • part.lculatfy any personal or financial Information. We agree that you have a right to know how we wffl utlTire the personal Information you provide to us. Therefore, toge!:her with our subsldlarfes we have adopted this Privacy Policy to govern the use and handling of your personal Information, Applicability This Privacy Policy governs our use of the Information that you provide to us. It docs not govern the manner In which we may use !nformatlon we have obtained from any other saurce, such as lnfonnatlon obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless of its source. First American calls these guldellnes Its Fair Inforrrratlon Values. Types of 111rormatl0rt Depending upon which of our services you are Utill?lng, the types of oonpubllc personal Information that we may collect Induct~ • lnformation we rece!Ve from you on applicatiol'\$, forms and In other rommunlcatlons to us, whether In writing, In person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reportlng agency. Use of Information We request infonnat!on from you for our own legitimate business purposes and not for the benefit of any non.iffillated party. 1herefore, we will not release your information to nonaffil!ated parties except: (1) as necessary for us to provide the product or service you have requested of us; or {2) as permitted by law. We may, however; store such information indefinitely, Including the p,er!OO after which any customer relatlonshlp has ceased. Such !nformiltlon may be used for any Internal purpose, such as quality control efforts or customer anatysls, We may also ptovlde all of ttie types of nonpublic personaf information listed abOve to one or more of our afflfiated companies. Such affiliated companfes lndude financial !iervlce providers:, such as tllie Insurers, property and casualty insurefS, and trurt and investment advisory compar11es, or companies lnvclved In real estate services, such as appraisal companies, home warranty companies and escrow companies. Furt:hermore, we may also provide all the Information we collect, as described above, to companies !flat perform marketing services on our behalf, on behalf of our affiliated companies or to other financial Institutions wlth whom we or our afflllated companies have joint marke.tlng agreements, Forrner Customers EVen if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security . We wlll use our beSt efforts to ensure that no unauthorized partlei have access to any of your Information. We restrict access to nonpublic personal Information about you to those individuals and entities who need to know that lnformation to provide products or services tu you. We will use our best efforts to train and oversee our employees and agents to ensure that your information wm be handled tesponslbly and In accordance with thls Privacy Polley and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards: that comply with federal regulations to guard your nonpublic personal lnfotmatlon. Information Obtained Through Our Web Site First American Flnanda! Corporation Is sensitive ID privacy ISS11es on the Internet. We believe it ls important you know how we treat the information about you we receive on the Internet In general, you can visit first American or 11:s affiliates' Web Sites on the World Wtde Web without telling us who you are or revealing any Information about yourself. Our Web servers colt£Ct the domain names, not the e--maff addresses, or vlsltors. This Information is aggregated to measure tile number of vlSits, average tlme spent on the site, pages Viewed and sim!Jar Information. First American uses this information to measure the use of our site and to develop Ideas to Improve tile content of our slte; There are times, however, when we mav need Information Imm you, such as your name and emall address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal Information. Usually, the personal Information we collect Is used only by us to respond to your inquiry, precess an order or aUow you to access. spedflc account/profile lnformation. !( you choose to share any personal Information with us, we will only use it in accordance with the policies outlined above. Business Relationships first American Financial Corporation's site and its affiliates' sites may contain llnks to other Web sites. While we try to linlc only to sites mat share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of first American's Web sites may make use of •coolden technology to measure site activity and to customize lnfo1T11ation to your personal tastes. A cookie ls an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. ~ uses stored cockles. Toe goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more m&nlngful and productive Web site experience. fair Information Values fairness We consider c:onsumer exP:'!d:alioos about their privacy ln all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Jtecord We believe that an open public record creates significant value for sOCle.ty, enhances consumer choke and creates consumer opportunity. We actively support an open public re,::ord and emphasize Its Importance and contnl:lution to out economy. Use We believe we should behave responsibly when we use lnformatfon about a consumer In our business. We will obey the laws governing the collection, use .and dlssemlnatlon of data. Accuracy We WIii take reasonable steps ta help asst..-re the accuracy of the data we collect, use and dls.setnL'late. Where pcsslble, we will toke reasonable steps to correct lm1cairate information. When, ;is with the public record, we cannot correct inaccurate Information, we wllt take al! reasonable steps to a!>aM. consumers In identifying the source of tt1e erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the Importance of consumer privacy. We wl!l Instruct our employees on our fair lnftlrmation values ;md on the responsible cclledlon and use of data. We will encourage ottiers in our industry to collect and use lnfoonatlon in a responsible manner, Security We will mafl'ltaln appropriate facilities and systems to protect agatnst unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Rnancial Corporation) First American 77tle Page 13 of13 Assessor's Parcel Number: Project Number and Name: EXHIBIT D -BIOLOGY REPORT * Exhibit D also on file with the City of Carlsbad Planning Department 19 CA02/04/13 U.S. FISH AND WILDLIFE SERVICE · Carlsbad Fish and Wildlife Office 2177 SalkAvenue, Suite 250 Carlsbad, California 92008 In Reply Refer to: FWS/CDFW-SDG-19B0219-20CPA0099 Mr. Don Neu City Planner, City of Carlsbad Community & Economic Development 1635 Faraday Avenue Carlsbad, California 92008-7314 Attention: Rosanne Humphrey, Senior Program Manager CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE South Coast Region 3883 RuffinRoad San Diego} California 92123 February 20, 2020 Sent by Email Subject: City of Carlsbad Habitat Management Plan Minor Amendment Equivalency Findings for the Snyder Residential Project, City of Carlsbad, California Dear Mr. Neu: The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (Department), hereafter collectively referred to as the Wildlife Agencies, have reviewed the City of Carlsbad (City) Habitat Management Plan (HMP) minor amendment equivalency findings for the Snyder residential project (Project) in your January 7, 2020, letter. Our review is based on information provided in the letter and a January 7, 2020, email from Rosanne Humphrey. The Wildlife Agencies previously provided concurrence on September 20, 2019, that the Project is consistent with the requirements and conservation standards of the HMP. The minor amendment proposes to exchange a 0.16-acre patch of non-native grassland on the Project site for a biologically superior 0.21-acre patch of high quality coastal sage scrub habitat at The Crossings Golf Course for inclusion into the HMP hardline preserve. The 0.21 acre of coastal sage scrub at The Crossings Golf Course to be added to the HMP hardline preserve will be provided with long-term management. The proposed hardline preserve modification meets equivalency findings for a minor amendment (as outlined in section E.3.A. of the HlYIP and section 20.1 of the HMP Implementing Agreement), in that it would not 1. Reduce the acreage or quality of the habitat in the HMP. The HMP hardline preserve resulting from the Project will have a net beneficial effect by exchanging. 0.16 acre of weedy, non-native grassland that is not habitat for any covered species (REC 2019) for 0.21 acre of high quality coastal sage scrub that currently provides nesting and foraging habitat for the coastal California gnatcatcher (Polioptila calffornica californica; gnatcatcher) and will be provided long-term management. Mr. Don Neu (FWS/CDFW-SDG-19B0219-20CPA0099) 2 2. Result in operations under the HMP that are significantly different from those analyzed in connection with the original HMP. The acreage being added to the hardline preserve is within Core #4 of the HMP and adjacent to a block of already conserved land that supports the gnatcatcher. The acreage will enhance Core #4 with habitat near Agua Hedionda Lagoon. 3. Produce any adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HMP. As described in number 1 above. 4. Not result in additional take not analyzed in connection with the original HMP. As described in number 1 above. Based on the above, the Wildlife Agencies concur with the HMP minor amendment equivalency findings for the Project. We appreciate the Applicant's and City's efforts to ensure consistency with the HMP. If you have any questions regarding this letter, please contact Melissa Stepek · (Department) at 858-637-5510 or Janet Stuckrath (Service) at 760-431-9440, extension 270. D·Avl D Digitally signed by DAVID ZOUTEN DYK ZOUTEN DYK Date: 2020.02.20 09~26:50 -081001 David A. Zoutendyk Acting Assistant Field Supervisor U.S. Fish and Wildlife Service Sincerely) David A. Mayer Acting Environmental Program Manager California Department of Fish and Wildlife LITERATURE CITED REC Consultants, Inc. 2019. 1781 Skimmer Court biology letter. Prepared for JACOR Construction. July 16, 2019 U.S. FISH AND WILDLIFE SERVICE Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, California 92008 In Reply Refer to: FWS/CDFW-SDG-190219-19CPA0281 · Mr.Don Neu City Planner City of Carlsbad -Comm1mity & Economic Development 1635 Faraday A venue Carlsbad, California 92008-7314 Attention: Chris Sexton, Associate Planner CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE South Coast Region 3883 Ruffin Road San Diego, California 92123 September 20, 2019 Sent by Email Subject: Habitat Management Plan Consistency Findings for the Snyder Residential Project, City of Carlsbad, California Dear Mr. Neu: The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Wildlife (Department), hereafter collectively referred to as the Wildlife Agencies, have reviewed your · August 8, 2019, letter requesting concurrence that the Snyder Residential Project (Project) in the City of Carlsbad (City) is consistent with the requirements and conservation standards of the City's Habitat Management Plan (HMP). Our'review of the Project is based upon the information provided in your letter; August 15, August 29 and September 3, 2019 emails; and the 1781 Skimmer Court Biology Letter (REC 2019). The approximately 1.1-acre project site is located on the northwest comer of El Camino Real and Poinsettia Lane, within the Coastal Zone and a Standards Area in Local Facilities Management Zone (LFMZ) 21. The site was burned in the 2014 Poinsettia Fire and now consists of 0. 7 acre of developed/disturbed area (i.e., the pad of the former home, a remaining garage, surrounding landscaping, a paved secondary access drive to Poinsettia Lane, surrounded by disturbed habitat), 0.2 acre of non-native grassland, and 0.2 acre of coastal sage/chapan-al (Table 1 ), A pair of coastal California gnatcatchers (Polioptila californica califoniica; gnatcatcher) was observed on the property during a general biological survey (REC 2019). The Project proposes to rebuild the residence that bumed. The total direct impacts of 0.4 acre, including the fuel modification zones, will occur in the disturbed/developed area (Figure 1) Table 1 ), Fuel modification is not required around the existing non-habitable garage. An additional 0.3 acre of developed/disturbed area is considered impact neutral and will remain in its existing condition. Temporary impacts such as access and staging areas will be located entirely within developed/disturbed area. The remaining 0.4 acre of habitat will be conserved by a Restrictive FWS/CDFW-SDG-l 9B02 l 9-19CPA0281 2 Covenant and incorporated into the City's HMP hardline preserve. The City does not require management for single-family homes, so long-tenn management is not proposed. Figure 1. Proposed HMP Preserve and 20 foot Upland Buffer «nd Fuel Modification Zones on file with the City of Carlsbad Planning Department. Source: Humphrey, Rosanne, City of Carlsbad. 2019. Email dated September 3, 2019. Table 1. Snyder Residence Impacts and Conserved HMP Hardline Preserve General Ha.bitittVegetat(on .. Permanent •. Impa.cf . , . Conserved HMP . .· . Existingl, . .·· Coinniwdtv ... •·· . .. ·· . : Impacts ... : Neutral2 HardJine Preserve Native Vegetation Coastal sage/chaparral 0.2 Total Nati.ve Vegetation 0.2 Non-Native Vegetation Non-native grassland 0.2 Developed/disturbed3 0.7 Total Nq11-1zative Vegetatio11 0.9 : . · ·. QRAND TOTAL 1.1 : . .. . 1 All units are in acres. 2 Will remain in existing condition. 3 Includes fuel modification zones. 0.4 0.3 0.4 0.3 0.4 · . 0.3 • . .. · · .. The Project is consistent with the all HMP requirements as described below. General HMP Requirements 0.2 0.2 0.2 0.2 : ·. ro-1: . .· .. · 1. All impacts will occur within the developed/disturbed area; therefore, no mitigation is required. . .. FWS/CDFW-SDG-19B02 l 9-19CP A0281 LFMZ 21 Standards 3 1. All impacts are restricted to disturbed/developed area; there will be no removal of the coastal sage/chapaffal habitat. 2. About 0.4 acre of habitat will be added to the HMP hardline preserve, which will benefit habitat com1ectivity and wildlife movement eastwwest across the zone. Coastal Zone Standards 1. The project will conserve 100 percent of the coastal sage/chapanal on the property (0.2 acre). 2. No oak woodland occurs on site and the two existing coast live oak (Quercus agrtfolia) trees that afo within the previously landscaped area will not be impacted. 3. No wetland occurs on site. 4. A 20-foot upland buffer is included between the development and conserved coastal sage/chapaITal (Figure 1 ). Ad;acencv Standards 1. A 60-foot fuel modification zone will be incorporated into the development plan and will not impact the HMP hardline preserve. 2. Appropriate erosion control BMPs will be in place during construction to protect the HMP hardline preserve from erosion. 3. Invasive non-native species will not be used in the site landscap'ing. 4. Fencing will be replaced in the prior location between the home and HMP hardline preserve (Figure 2). FWS/CDFW-SDG-19B0219-19CPA0281 Figure 2. Location of Proposed Fencing on :1 'ile with the City of Carlsbad Planning Department. Source: Humphrey, Rosanne, City of Carlsbad. 2019. Email dated August 29, 2019. 4 Based on the above, the Wildlife Agencies concur that the Project is consistent with the H.Iv1P. We appreciate the Applicant's and City's efforts to ensure consistency with the HMP. If you have any questions regarding this letter, please contact Melissa Stepek (Department) at 858-637-5510 or Janet Stuckrath (Service) at 760-431-9440, extension 270. DAVID Digitally signed by DAVID ZOUTENDYK z OUTEN D YK ~;~~~~019.09.20 , , :01:06 for: Karen A. Goebel Assistant Field Supervisor U.S. Fish and Wildlife Service cc: Rosanne Humphrey, City of Carlsbad Literature Cited Sincerely, Gail K. Sevrens Environmental Program Manager California Department of Fish and Wildlife REC Consultants, Inc. 2019. 1781 Skimmer Court biology letter. Prepared for JACOR Construction. July 16, 2019 Consultants, Inc. July 16, 2019 Mike Snyder JACOR Construction Civil Engineering • Environmental • land Surveying 2442 Second Avenue San Diego, California, 92101 {Pl 6\9.232.9200 {Fl 6l9.232.92l0 10612 Prospect Avenue, Suite 101 Santee, CA 92071 Subject: 1781 Skimmer Court Biology Letter Dear Mr. Snyder, I visited the property at 1781 Skimmer Court (APN 215-050-57-00) on July 1, 2019 to review current biological resources and assess potential impacts resulting from redevelopment of the existing residential pad. The approximately one-acre property is located in coastal San Diego County in the City of Carlsbad (Figures 1 and 2, enclosed)~ An aerial photograph of the property is provided in Figure 3. It contains the pad of a f01mer home, a remaining garage, suffounding landscaping, and a paved secondary access drive to Poinsettia Lane, as shown in Figure 3. The property was mapped with three habitat/land cover types: Developed/Disturbed, Non- Native Grassland, and Coastal Sage / Chapa1Tal Mix. These are shown in Figure 4. The 0.7-acre Developed/Disturbed area consists of the location of the former home, the remaining garage, the paved secondary access drive, remaining zone of landscaping and fuel modification around the former home and landscaping near the garage, and a portion of Poinsettia Lane. Vegetation is primarily non-native ornamental species, although two large mature coast live oaks (Quercus agrifolia var. agrifolia) are located near the garage and a few native plants have begun to colonize the remaining landscaping. The 0.2-acre area mapped as Non-Native Grassland is the southem north-facing slope between the secondary access drive and the bottom of the slope. Vegetation on the slope is dominated by annual non-native grasses such as red br01ne (Bro mus madritensis subsp. rub ens) and panic veldt grass (Ehrharta erecta ), non-native forbs such, as black mustard (Brassica nigra) and tocalote star thistle ( Centaurea nielitensis). Occasional native species such as coyote brush (Baccharis pilularis subsp. pilularis), black sage (Salvia mellifera), and tarweed (Deinandrafasciculata) grow among the non-natives. The 0.2-acre area mapped as Coastal Sage / Chaparral Mix occurs cm the south-facing and west-facing slopes, from the bottom of the slope upward. This area supports coastal sage scrnb species such as black sage, deerweed (Acmispon glabe,t and coast buckwheat (Eriogonum fasciculatum.). It also contains typical chaparral species such as a few chamise shmbs (Adenostomafasciculatum) and mission manzanita (Xylococcus bicolor). Lists of all plants and animals identified onsite are provided in Attachments A and B. Two special-status species were observed on the property: coastal California gnatcatcher (Polioptila californica calffornica) and smmner-holly ( Comq,rostaphylis diversifolia ) .. California gnatcatcher is a federal Threatened and State Species of Concern bird that occupies coastal sage scrub, and also uses transitional edges of coastal sage scrub. A pair of gnatcatchers flew onto the property during the survey from the habitat to the north, landed REC Consultants, Jue. July2019 1781 Skimmer Court Biology Letter in a coast live oak, and then left the prope1ty, as shown in Figure 4. Summer-holly is an evergreen chapanal shrub that typically occurs on sandstone soils near the coast. It has no federal or State Endangered Species Act listing, but has a California Rare Plant Rank of lB.2, indicating that it is very rare in California and elsewhere. The cluster of approximately ten individuals on the property and just north of the property boundary is shown in Figure 4. A list of other special-status species 1«1own to occur in the area (within a two-mile radius) was generated with the California Natural Diversity Database (see Attachment C). Ashy spike-moss (Selaginella cinerascens) was observed offsite to the north, but was not found on the property. Based on property conditions and survey observations, none of the species in Attachment C, other than the gnatcatcher and summer-holly that were observed during the biology survey, are likely to occur on the prope1ty. Permanent project impacts including fuel modification zones (FMZs) are shown in Figure 5. The total project impact including all FMZ zones _is 0.4 acre. Because the home is being rebuilt on the existing house pad, there will be no new habitat impacts. The summer-holly is outside the FMZs and will not be impacted. California gnatcatcher will not be impacted because no native habitat will be impacted. Potential temporary impacts such as access and staging areas will be located entirely within Developed/Disturbed areas. Native habitat on the property will be protected by establishment of a conservation easement and will not be impacted. Sincerely, &f-NA)~ ~ffV Catherine MacGregor ' Senior Biologist and Botanist Enclosed: Figures.1-5 on file wilhthe City of Carlsbad Planning Deparmerr+ Enclosed: Attachments A-C REC Consultants~ Inc. July 2019 2 1781 Skimmer Court Biology Letter ATTACHMENT A PLANTS OBSERVED ON THE 1781 SKIMMER COURT PROPERTY Species Name Common Name Acacia sp. *_ acacia, wattle --Acmispon glaber deerweed A!!._enostoma fasciculatum i . chamise •. Aeoniurn sp. • . ~ aeonium Agave americana * .. . American agave Ant~rrhinum nuttalianum Nuttall's snapdrago11 A1·temisia californica . . . coastal sagebrush -· Avena sp. * Baccharis pilularis subsp. consqnguinea I Brassica nigra* Bromus madritensis subsp. rubens* Carduus pycnocephalus subsp. pycnocephalus* ••' Car£gbrotus Sp. * Centaurea melitensis* _ .. -·· Chaemerops hwnilis * Comarostaphylis diversifolia subsp. diversifolia! C011adetia selloana* Crocanthemum aldersonii Cycas sp. * Dai1cus pusillll_s Deinandra fasciculata Dietes sp. * Diplacus pwziceus Ehrharta calycina* Ehrha11a erecta * Erigeron sp. (*) Eriogonum fasciculatum Eucalyptus sp. * Festuca myuros* Hazardia squarrosa Helmin.thotheca echioides* Heterotheca grandiflota Hirschfeldia incana* lwcoma nienziesii var. menziesii Lactuca serriola* Lampranthus sp. * Lantana camara * -· -Lonicera Jap_onica * Lysimachia arvensis* -Malacothaninus fasciculatus var. f asciculatus -Malosma laurina - -·· Marah macrocar12_a ---· Melilotus sp. * C-----"··. Myoporum parvtfolium * r----••'• Nicotiana glauca * e--..-.. ·-Opuntia sp~ -.. Opuntia sp. (*) REC Consultants, Inc. July 2019 I ·-~- -. i I l oats chaparral broom, coyote b~ush black mustard red brome, foxtail chess Ttali.an thistle sea~ or hottentot-fig tocalote Mediterranean fan palm summer-holly Selloa pampas grass Alderson•s msh-rose sago palm rattlesnake weed fascicled tarweed fortnigllt lily co~t monkey flower perennial veldt gi-ass panic veldt grass horseweed California buckwheat eucalyptus rat-tail fescue sawtooth goldenbush bristly ox-tongue . telegraph weed short-pod mustard spreading goldenbush erickly lettuce lampranthus ice plant lantana Japanese honl!ysuckle scarlet pimpernel, poor man's weatherglass chapan-al bushmallow laurel sumac wild-cucumber, manroot sweetclover slender myoporum tree tobacco native pricldy-pear prickly-pe~r 1 of2 Family Fabaceae Fabaceae Rosaceae I Crassul aceae i Agava.t::eae Plantaginaceae Asteraceae Poaceae Asteraceae Brassicaceae Poaceae Asteraceae Aizoaceae ~ .. -- Asteraceae Arecaceae - Ericaceae Poaceae Cistaceae Cycadaceae Api3:ceae Asteraceae Iridaceae Phrymaceae Poaceae Poaceae Asteraceae Polygonaceae Myrtaceae Poaceae Asteraceae Asteraceae Asteraceae Brassicaceae i Asteraceae I Asteraceae Aizoaceae Verbenaceae -- Caprifoliaceae -·- Myrsinaceae Malvaceae Anacardiaceae Cucurbitaceae Fabaceae Scropl:1ulariaceae Solanaceae Cactaceae Cactaceae I Habitat CCM DID, NNG, CCM CCM?D/D DID I NNG·- CCM-----;--·-- CCM ··-NNG ···- CCM, NNG,}:~m_ NNG, DID ·--NNG, CCM, NNQ_ NNG DID, CCM, NNG DID,NNG DID CCM DID CCM,D/D DID CCM,_~ l CCM,DIJ?,~ DID --DID -NNG,CCM .......... DID, NNG DID, CCM, NNG CCM I DID I I CCM,NNG CCM DID DID D/D,CCM,NNG CCM D/D,NNG DID DID DID CCM, NNG, DID NNG CCM CCM D/D,NNG DID CCM CCM DID 1781 Sldmmer Court Biology Letter ATTACHMENT A Species Name I Common Name Family Habitat Phoenix dacty_#fera * edible dat~alm Arecaceae DID Pinus sp. * pine ( omiunen_!al) Pinaceae DID Polypof<On monspeliensis* annual beard grass Poaceae D/D,NNG Pseudognaphalium bio_leuii bicolor cudweed Asteraceae CCM Pseudognaphalium californicum California everlasting Asteraceae CCM --- Quercus agrifolia var. agrffolia coast live oak, encina Fagaceae DID, CCM, NNG Quercus berberidf[oUa scrub oak Fagaceae CCM µ••·------ ----Rhus integrjfolia_ _. lemonadeberry Anacardiaceae CCM ------Salsolasp. * Russian-thistle Chenopodiaceae DID -------· Salvia mellifera black sage Lamiaceae CCM,_ NNG, D_lQ_ Sambilcus nigra subsp. caerulea blue elderberiy Adoxaceae CCM -Schismus sp. ~ schismus grass Poaceae CCM ----.. Solanum sp. nightshade Solanaceae NNG -· Sonchus asper subsp. asper* --· IJricldy sow-thistle Asteraceae DID Sonchus oleraceus* common sow-thistle Asteraceae DID -· S~f!phanomeria sp. 'Yfeath..:plant Asteraceae CCM ---Strelitzia nicoli* si..8:nt bird of paradise Strelitziaceae DID Tecoma capensis * Cape honeysuckle Bignoniaceae DID Urtica urens* dwarf nettle Urticaceae DID Washingtonia robusta* Mexican fan palm I Arecaceae DID I Xylococcus bicolor mission manzanita Ericaceae CCM Yucca schidigera Mohave yucca Agavaceae CCM,D/D Yucca sp. * ornamental yucca Agavaceae DID * Non-native; please note that this list is not intended to include all ornamental species growing in the residence area. ! State or Federal special-status (State endangered, threatened, or rare; Federal endangered, threatened, or candidate for listing;.CRPR 1~4) Habitat Abbreviations CCM = coastal sage scrub / chapanal mix DID= portions of the site that were previously developed and landscaped NNG = non-native grassland REC Consultants, Inc. July 2019 2 of2 1 781 Skimmer Court Biology Letter ATTACHMENT B ANIMALS OBSERVED ON THE 1781 SKIMMER COURT PROPERTY Species Name Common Name Habitat Invertebrates Bombus californicus California bumble bee DID 1---·· ----Ap_is mellifera * westem honey bee D/D,CCM Pontia protodice checkered w11ite DID, CCM -"··--I Ervnnis fi,meralis funereal duskvwing i CCM Reptiles Order Squamata lizard (unidentified) I CCM Birds Kieneria crissalis California towhee DID (in mature oaks), CCM Psaltriparus minimus --bushtit DID (in matu~e oaks) Picoides nuttalli Nuttall'~ wood:2ecker DID (in mature o~cs) Spi_1zus psaltria lesser goldfinch DID (in mature oaks), NNG Tluyomane~.bewickii Bewick's wren DID (in mature oaks) Polioptila californica ca#fomica! coastal California gnatc~t~!ler Pair visited DID mature oalcs from north ------Aphelocoma caltfornica western scrub-jav DID (in mature oaks) Mammals Svlvilaims audubonii dese1t cottontail CCM, NNG, DID (scat) * non-native ! State or federal special-status. species (State endangered, threatened, endangered candidate, fully protected, watchlist, or CDF sensitive; or federal endangered, threatened, or candidate for listing) Habitat Abbreviations CCM = coastal sage scrnb / chapairal mix DID = portions of the site that were previously developed and landscaped NNG = non-native grassland REC Consultants, Inc. July 2019 1 of 1 17,81 Skimmer Court Biology Letter ATTACHMENT C SPECIAL-STATUS SPECIES DOCUMENTED WITHIN A 2-MILE RADIDS OF THE PROPERTY IN THE CALIFORNIA NATURAL DIVERSITY DATABASE Species Name Acanthomintha ilicifolia Adolphia calt,forni.ca -Aimophila ruficeps canescens Arctostaphylos g!.anefi1,!osa_ ssp. crassifolia Arizona elegans occidentalis Artemisia pf!lmeri Aspidoscelis ltype1J1thra --- --Branch inecta sandie.l:{on!:_nsis Brodiaeafilifolia Campylorhynchus brunneicapillus sandiegensis Ceanothus verrucosus Chaetodip__us calif[!rni~ZJs femoralis --·-aiaetodipus fa l/a,1: fa llax Charadrius alexandrinus nivosus Comarostqphylis diversifolia ssp. diver~ifoli_a Corethrogynefilqgi11_ifolia var, linifolia C,yptantha ·wigginsii Dud!eya blochmaniqe ssp'. blochmaniae Dudleya viscida ~--Ericameria palmeri var. palmeri -· Ha,pagonella palmeri Hazardia orcuttii Isocoma 11ienziesii var. decumbens Iva hayesia,1a f:astl!enia glabrata ssp. coulteri Leptosyne l!taritima Lepus californicus benn.ettii Neoto111~ lepida inte111iedia Passerculus sandwichensis beldingi -·· REC Consultants, Inc. July 2019 Ph1Jmosoma blainvillii Polioptila califomica californica Quercus qumosa Rallus obsoletus levipes Sternula antillarum browni Suaeda esteroa T111onia imitator .. Common Name I Life Form San Diego thom-mint Dicots ~----~ -·-·-California adolphia Dicots southern California rufous-crowned spalT0W Birds Del Mar manzanita Dicots California glos~:¥ snake Reptiles San Diego sagewort Dicots orange-thro:~ted whiptai1 Rei2gles San Diego fai1y shrimp Crustaceans thread-leaved brodiaea Monocots coastal cactus wren Birds wart-stemmed ceanotlms Dicots --Dulzura pocket mouse Mannnals northwestern San_piego pocket mouse Mammals westem snowy plover l Birds summer holly Dicots ----~--- Del Mar Mesa sand aster Dicots Wiggin~cryptantha Dicots Blochman's dudleya Dicots sticlcy ~udleya Dicots Palmer's goldenbush Dico~ P~lmer's !,rrapplinghook Dicots -Orcutt's hazardia Dicots decumbent goldenbush Dicots San Diego marsh-elder Dicots Coulter1s goldfields i Dicots sea dahlia ------ Dicots San Diego black-tailed jackrabbit Mammals San Diego desert woodrat Mammals Belding's savannah spanow Birds coast homed lizard Reptiles coastal Califorllia gnatcatcher Birds ·-Nuttall's scrub oak Dicots light-footed Ridg;w~ry's rail Birds Califomia least tern Birds --·-estuaiy seablite , Dicots_. ____ mimic tryonia (=California brackishwater snail) i Mollusks 1 of 1 1781 Skimmer Court Biology Letter