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Home My WebLink AboutCalifornia Department of Fish and Game; 2004-11-12;EXHIBIT 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD, AND CALIFORNIA DEPARTMENT OF FISH AND GAME In regard to the City of Carlsbad's obligation to identify habitat for conservation in the MHCP County Core Area pursuant to the Habitat Conservation Plan/Ongoing Multi-Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad and Addenda dated June 7, 1998, the City's Subarea Habitat Management Plan and the City's obligation to provide 51.6 acres of Gnatcatcher habitat to mitigate the environmental impacts of the City's proposed development of an 18-hole Municipal Golf Course, it is hereby understood and agreed as follows: That, the California Department of Fish and Game acknowledge that the City of Carlsbad is purchasing a conservation easement over 51.75 acres of land in the MHCP County core, more particularly described in Exhibit A to the Conservation Easement Deed attached hereto, to be set aside as Conserved Habitat Lands for the conservation of the coastal California gnatcatcher species and its habitat; That this 51.75 acres shall be counted toward the satisfaction of the City's obligations pursuant to its Habitat Conservation Plan/Ongoing Multi-Species Plan for Properties in the Southeast Quadrant of the City of Carlsbad and Addenda and shall serve as mitigation for development of the proposed Municipal Golf Course pursuant to the Habitat Management Plan. That if for any reason the City does not proceed with development of the Municipal Golf Course and this Conservation Easement Deed is duly recorded, the City shall, at the City's discretion with approval of the other parties (which shall not unreasonably be withheld), have the right: (1) to apply the 51.75 acres or any portion of them to mitigate impacts to the coastal California gnatcatcher and its habitat resulting from future projects undertaken by the City; or (2) to sell mitigation credits to the 51.75 acres or any portion of them to another public entity or private entity or person, except that prior to any sale of mitigation credits 1-5/77 by the City, the City shall enter into a conservation bank agreement with the Department of Fish and Game. DATED:., 2004 California Department of Fish and Game By_ DATED:/£ . 2004 Claude L&wis, Mayor EXHIBIT "A" LEGAL DESCRIPTION PARCEL E: PORTIONS OF APN: 264-041-19 AND APN: 264-111-08 BEING APPORTION OF LOT 6 AND LOT 8 OF SECTION 3 TOGETHER WITH A PORTION OF LOT 1 OF SECTION 10 AND A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 10, BOTH IN TOWNSHIP 13 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 3, SAID CORNER BEING THE NORTHWEST CORNER OF SAID SECTION 10; THENCE EASTERLY ALONG THE COMMON LINE OF SAID SECTION 3 AND SECTION 10, SOUTH 89°06'31" EAST (NORTH 89°06'16" WEST PER RECORD OF SURVEY NO. 15225, HEREIN AFTER REFERENCED AS ROS 15225), 929.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID COMMON LINE, NORTH 00°53'29" EAST, 783.73 FEET; THENCE SOUTH 44°24' 59" EAST (NORTH 44°24'44" WEST PER ROS 15225), 919.74 FEET; THENCE NORTH 07°42'36" EAST (NORTH 07°42'51" EAST PER ROS 15225), 111.37 FEET; THENCE SOUTH 77°54'29" EAST (NORTH 77°54'14" WEST PER ROS 15225), 1077.73 FEET; THENCE SOUTH 01°04'57" WEST (NORTH 01°05'12" EAST PER ROS 15225), 38.12 FEET; THENCE SOUTH 89°12'00" EAST (NORTH 89°06'16" WEST PER ROS 15225), 191.09 FEET; THENCE SOUTH 77°54'29" EAST (NORTH 77°54'14" WEST PER ROS 15225), 276.61 FEET; THENCE SOUTH 88°17'02" EAST (NORTH 88°16'47" WEST PER ROS 15225), 825.18 FEET; THENCE SOUTH 00°07'30" EAST (NORTH 00°07'15" WEST PER ROS 15225), 755.35 FEET; THENCE SOUTH 62°38'37" WEST (NORTH 62°38'52" EAST PER ROS 15225), 558.49 FEET; THENCE NORTH 89°02'52" WEST (NORTH 89°02'37" WEST PER ROS 15225), 599.05 FEET; THENCE SOUTH 06°59'39" EAST (NORTH 06°59'24" WEST PER ROS 15225), 50.48 FEET; THENCE NORTH 89°02'52" WEST (NORTH 89°02'37" WEST PER ROS 15225), 205.23 FEET; THENCE NORTH 89°00'19" WEST (NORTH 89°00'04" WEST PER ROS 15225), 239.15 FEET; THENCE NORTH 30°25'00" WEST (NORTH 30°24'45" WEST PER ROS 15225), 493.18 FEET; THENCE NORTH 01°31'51" WEST (NORTH 01°31'36" WEST PER ROS 15225), 712.85 FEET; THENCE NORTH 89°06'31" WEST (NORTH 89°06'16" WEST PER ROS 15225), 1210.16 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 51.75 ACRES, MORE OR LESS. zf Oloo N> OO 09/08/2004 08:48 FAX 7604315902 <»**** US FISH AND WILDLIFE H002 EXHIBIT 4 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Carlsbad Fish and Wildlife Office 6010 Hidden Valley Road Carlsbad, California 92009 In Reply Refer To: FWS-SDG-1188.1 SEP 0 8 2004 Mr. Michael Holzmiller Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Re: Mitigation for the City of Carlsbad's Proposed Municipal Golf Course Dear Mr. Holzmiller: The U.S. Fish and Wildlife Service (Service) has reviewed the information provided by the City of Carlsbad (City) regarding the purchase of 51.6 acres of coastal California gnatcatcher (Polioptila califomica califomica; gnatcatcher) habitat to mitigate for impacts from the City's proposed municipal golf course. This information included an exhibit which identified the exact location of the 51.6 acres and the conservation easement deed. Within the Multiple Habitat Conservation Plan (MHCP) and the City's Subarea Plan (HMP), the City has an obligation to effectuate the conservation and conveyance of 307.6 acres of land within the MHCP core gnatcatcher area. One means by which the City proposes to help meet this obligation is to acquire 51.6 acres of habitat occupied by five pairs of gnatcatchers to partially mitigate for impacts that would occur from the development of the municipal golf course. It is our understanding that this condition is met by the purchase of 51.6 acres of mitigation land as identified on the enclosed exhibit for the following reasons: 1) the land is located within the area the Service considers as contributing to the gnatcatcher core area within the MHCP; 2) a conservation easement will be placed over all 51.6 acres with the California Department of Fish and Game as third party beneficiary; 3) records provided by the City indicate that at least five pairs of gnatcatchers occupy the 51.6 acres that will be preserved; and 4) the lands will be managed by the Center for Natural Lands Management with a sufficient endowment to ensure the management of land to provide gnatcatcher habitat in perpetuity. In addition, the Service accepts the City's proposal to acquire the designated lands and upon acquisition and implementation of the conditions outlined above, the City may apply the 51.6 acres towards the land acquisition obligation under the MHCP and HMP. If for any reason the City does not proceed with development of the municipal golf course, the City shall have the right to apply the 51.6 acres to mitigate for another public project that would require mitigation for impacts to coastal sage scrub. If the City desires to apply the 51.6 acres towards mitigation credit for private projects, the Service will work with the City to establish an appropriate mitigation bank to facilitate such a transfer. TAKE PRIDE' 3/ 09/08/2004 08:48 FAX 7604315902 US FISH AND WILDLIFE ®003 Mr. Holzmiller (FWS-SDG-1181.1) The Service is pleased to know the City of Carlsbad is moving forward on such obligations pre- permit issuance. If you have any questions, please contact Lee Ann Carranza of the Service at (760) 431-9440 extension 292. Sincerely, Therese O'Rourke Assistant Field Supervisor U.S. Fish and Wildlife Service Enclosure 32-