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HomeMy WebLinkAboutPR 2.3.75; PALOMAR OAKS BUSINESS CENTER ASSOCIATION; 1993-0108953; Easement.r j: X~OFIDIWG REQUE. TED BY ' ' AND WHEN RECORDED -TO me \.i- c c'f CIQf k. 6, 1824 pt*"C$=e, ,'m +j a 3 g-zrj F- 2- g p: 4 i". s"" QT=? I_ 23 xi %my e g e 8dC4 , L 7 7 LE i.;e g -Q 9 I :=; &? eet Address 12 0 Carlsbad Village Dr. iL 7;" 3"3 && = Bb F 5 z 3~-r-gW-~ gG7-7 1 -7 = "3 =- Tjw It e , Ci of Carlsbad iy [j$[; - s cz=iiri CL - Y& % Carlsbad, CA 92008 'i7;sy": y*7,;-;.,:- L.. . _y_*:_ ..i > :.,&+.ilJ p?4cT" -:z.i..-. ."I.sI-:t ?.7.-..-.?.m". ' ,* 5;tg*+! ~ . If.';. I .. .,.,.. . .. ~: ,- -,~:,::~.: id!-l5:<b; Eki.$;jtX L _1 ., ?!;{; 2Ts;n ;sGHTy z!Cp4;4'S ~"~c; \ '*% - . . . . - - i. Y". MAIL TAX STATEMENTS TO - /- 4 / ,-, i, . "" :+:g; :-! A :.. : GLL. r i:, !,.I..: -_ me eet Address EXEMPT Y& Ite 1 ., i <. , E.4 i i i, . .. . . .. . \> I. . ' 1,: , .: 9 '~ ' " ,- L -J : ?:' !-,, ' , .-. SPACE ABOVE THIS LINE FOR RECORDER'S USE CORPORATION GRANT DEED OF EASEMENT FOR OPEN SPACE AND WETLAND CONSERVATION The undersigned grantor(s) declare(s): PR I%!. 2 .%.-I5 Documentary transfer tax is $ 0.00 APN 215- c;9L- 2.5 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x)City of Carlsbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Palomar Oaks Business Center Association a corporation organized under the laws of the State of California, hereby GRANTS to City of Carlsbad, a Municipal Corporation and Atlantic Richfield Company and their successors in interest to the property described in Exhibit "A" a4 an easement for OPEN SPACE AND WETLAND CONSERVATION @ which in is not limited to: ' and for purposes as described in Exhibit "B" on the following real property in the City of Carlsbad, County of San Diego, State of California described in Exhibit "C". Grantee relinquishes to the public the right to construct improvements upon the land and covenants in perpetuity not to construct or permit the construction of any improvements except for public service facilities and facilities installed for the benefit of the land including but not limited to facilities described in Exhibit "B" or public service facilities installed pursuant to an authorization by the City of Carlsbad or the County of San Diego or the Public Utilities Commission. This covenant shall run with the land. Grantee covenants not to extract natural resources nor partake in other activities which may destroy the unique physical and scenic characteristics of the land, except as may be required for fire prevention, thinning, elimination of diseased growth or similarly protective measures provided grantee receives the permission of the City to engage in such exceptions. This covenant shall also run with the land. wetland revegetation installation of temporary irrigation maintenance a walking trail 8 protective fencing In Witness Whereof, said corporation has caused its corporate name and seal to be alfixed hereto and this instiument to be executed by its President and Secretary thereunto dul authorized. K DATE: /e jk/ %Aa 4TE OF CALIFORNIA UNTY OF & &; (Type or Print) ocm&&+ 15 I r' 9 '?&before me, Title P4e-5 105l-d" "I 5A n?. T~~~~m CL (here insert ('Qpe or Print) le md titie of the offificer), personally appeared%TC>s" s :(I +m+ h , persona:ly known to me (or proved to me BY ~ c, &- / .I .he bas& of satisfactory evidence) to be the pcrson(s) whose i& re subscribed to the within instrument and now1 ged to me thatehelthey executed the same irz Name 3#+" C, (5 p/ LL~ bedtheir a thorized capacity(ies), and son(s), or e entity upon behalf of which the pcrson(s) y?P v (Signature) that by hi3 er/their signature(s) on the instrumcnt thc acted, executed the instrument. WITNESS my hand and official seal. @ (Type or Print) Title 9a-w (Type or Print) NOTARY PUBLIC - CALlFofi~l Signat al) SAN DEGO COUNTY _.- NAIL TIIIS STATEHEKT AS D1I;EUED AMXZ 0 6 ~~ ~ ~~~~~~ rmi cc, On this the Leay of ~j(--"--y?j&+ State '3f I9kbefore me, .'f u. >,,. L1j5ct /+- %S.STKJ+ Q$ ColJntyof L %A A&m the undersigned Notary Public, personally appeared 4-w?&J c. &T lb p' personally known to me to be the person(s) whose name@) 15 subscribed to the within instrument, and acknowledged that h"e; executed it. WITNESS my ha@ and official seal. - OFFICIAL SEAL , proved to me on the basis of satisfactory evidence R ,- I I AnENTW NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another dcmd&t. THIS CERTIFICATE MUST BE ATLACHED Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Title or Type of Document 0 NATIONAL NOTARY ASSOCIATION. E236 Rernrnet Ave. - P.O. Box 7184 * Cancga Park. CA 913" I .: 9 P 3’ ,* ,. LT ,m L 0 .‘;pzs * EXkibit “A” IX)T THE THE 17 OF CARLSBAD TRACT NO. 73-49, ACCORDING TO MAP THEREOF NO. 8418, IN CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CO’VNTY ON NOVEMBER 19, 1976. ,a . .r '7 -. Ff' , 1' i 0. 0 A RIPARIAN MITIGATION PLAN FOR THE CITY OF CARLSBAD CUP 91-3 PROJECT ' Prepared for Atlantic Richfield Corporation c/o Mr. Don Althouse 9405 Sawtooth Way San Diego, CA 92129 Prepared by Vincent N. Scheidt Biological Consultant 31 58 Occidental Street San Diego CA 92122 (61 9) 457-3873 February 7992 Revised June 1992 ViEent N. Scheidt, M.A. - Consulting Environmental Biologist J%2 EX4lBIT B .? .i Ib <*,i * L' a 0 FIGURE 1. REGIONAL LOCATION - THE CUP 91-3 PROJECT, CARLSBAD. %* 2 ..' 8. ,U' * ,I m 0 w L * INTRODUCTION 48 1 c This document presents a riparian mitigation plan for the proposed Conditional Use Permit (CUP) 91-3 project. The CUP 91-3 project site is located at the intersection of Camino Vida Roble and Palomar Airport Road in the northern area of the City of Carlsbad (Figure 1). The subject Conditional Use Permit will allow the construction of an ARC0 AM/PM facility and associated improvements at this intersection. A small area of Coastal Freshwater Marsh vegetation, located immediately offsite to the southwest abutting Palomar Oaks Way, will be lost as a result of required offsite improvements. A focused biologi- cal study of that offsite area was conducted in mid-August of 1991, and a letter- format report presenting the results cf the survey was prepared on 28 August 1991. A copy of this letter-report is attached (Attachment A) As presently designed, the proposed CUP 91-3 project would initiate required maintenance of an existing, overgrown storm drain system, and result in the direct loss of approximately one-third of an acre of sensitive wetland habitat. The vegetation which has become established along the edges of the storm drain is completely unnatural because of the fact that it is supported wholely by irrigation runoff from the surrounding area. The use of large amounts of water in landscape irrigation and nitrogen-rich fertilizers in the surrounding watershed has substantially augmented the opportunistic wetland vegetation which had become established within the open storm drain system. L c - The City of Carlsbad, as lead agency, has determined that mitigation for lost riparian habitat will be required as part of the permitting process for this project. The City has directed the applicant to obtain a 1603 Streambed Alteration Agreement with the California Department of Fish and Game in order to define this loss and provide acceptable mitigation to offset the loss of the wetland habitat values. A copy of the 1603 Agreement is attached (Attachment B). This Riparian Mitigation Plan, which is prepared as a condition of the Agreement, will provide compensation for that habitat lost through a directed, offsite revegetation effort. The mitigation plan presented herein proposes to replace all wetland lost or potentially lost as a result of project implementation with native wetland vegetation in an -area specifically prepared for that purpose a short distance to the southeast of the site. 3 # ' .. I 7. , I' . ,, m 0 J& 31 Various on- and off-site mitigation options for habitat replacement have been examined and considered. Because of the small size and highly artificial nature of the wetland habitat 'to be ' impacted, in situ preservation has been determined to be inappropriate. Offsite mitigation appears to be the most suitable option, and has been selected for this program. This will specifically involve an effort to enhance and restore native willow and marsh habitat in the offsite area selected for that purpose. The proposed revegetation area is immediately east of the intersection of Paiomar Oaks Way and Camino Via Roble (Figure 1). This area has been disturbed by various factors over many years, and hence is suitable for restoration of native wetland. The City has placed an open space easement over the site to prevent the cor;struction of any structures. It is- recomm eo structure" easement to a - .. biological easement which will also preclude the removal or addition of any - vegetation except as specified in this report, and dedicate this area for the 'c perpetual conservation of wetland habitat. - c The amount of marsh and willow habitat to be established, maintained, and biologically monitored as a part of the habitat mitigation for this project will exceed that to be lost as a result of project implementation. The habitat replace- ment ratio will be two units of replacement wetland for each unit lost (23). EXISTING SITE CONDITIONS The CUP 91-3 site itself supports only weedy, disturbed vegetation of no biological significance. However, a small area (approximately 0.33 acres) of sensitive Coastal Freshwater Marsh vegetation is present in a minor drainage swale located offsite to the southwest. This semi-aquatic riparian community may be ,defined by the presence of a number of wetland indicator plants, including Water Smartweed (Polygonum coccineum), Soft Cattails (Typha latifolia), Tall Sedge and Yellow Sedge (Cyperus eragrostis, C. esculentus), and many others. A number of small, shrubby Arroyo Willows (Salix lasiolepis) and Lance-leaf Willows (S. iasiandra) are located along the edge of the marsh habitat. Upland areas within and adjacent to the wetland habitat are weedy, and support species such as Wild Anise (Foeniculum vulgare), Perennial Mustard (Brassica genicula@ and other non-natives. The wetland vegetation has become 4 < 'C ,I,'; ' 5: 0 e z&J ' established in and adjacent to an open storm drain channel which lies at the J bottom of this swale. This channel is located adjacent to and perpendicular to the northern edge of Palomar Oaks Road. A portion of the swale and the entirety of the storm drain channel ' had been created by approved grading operations during a prior development of the CUP 91-3 site. The channel is a small section of a major drainage facility for the area. The channel crosses onto approximately 130 feet of the site through an San Diego Gas and Electric power-line easement. The proposed planting area currently supports mostly weedy, non-native vegetation. A narrow bead of riparian vegetation is found along a minor drainage which crosses the site; this will provide an appropriate, "natural" water source once the irrigation system is disconnected. The presence of existing riparian vegetation is an indication that a suitable water table is present in the area. A prior revegetation effort utilized this area a number of years ago. This effort was totally unsuccessful, however, as indicated by the lack of established shrubs, trees and riparian groundcovers. The area will be totally re-worked as a part of this program, and success will be insured as defined by the monitoring program and required under stste law. RIPARIAN MITIGATION PLANTING PLAN The definition of precise design parameters for habitat mitigation is critically dependent on conditions at the proposed revegetation site. Because a nearby, offsite area will be used for mitigation purposes, and because areas of adjacent habitat support essentially the same species as will be planted, revegetation in this specific case will be a retatively straight-forward and uncomplicated matter. The following general principals apply to most revegetation mitigation programs. The specific details have been adjusted to allow for full and complete mitigation for losses resulting implementation of the CUP 91-3 project. Planting Details Prior to any planting, the area to be utilized will be grubbed and cleared of surface debris. Minimal grading is anticipated, although the removal of some materials and the reconfiguration of certain slopes will result in the need for light soil preparation. Planting will occur within 10 feet of the water table (as 5 '+ ., . , .: tL ' L 0 ?& *3 . TABLE 1. CONTAINER STOCK - CUP 91-3 Common Name/ Container Size' Scientific Name Arroyo Willow Salix lasiolepis liner stock Lance-leaf Willow liner stock Saiix lasiandra Mule Fat 4 inch/l gallon Baccharis glutinosa California Rose 4 inch/l gallon Rosa californica San Diego Sagewort 4 inch/l gallon Artemisia palmeri San Diego Marsh Elder 4 inch/l gallon lva hayesiana TABLE 2. RIPARIAN UNDERSTORY HYDROSEED MIXTURE - CUP 91-3 Common Name Scientific Name Soft-flag Cattails Typha latifolia Spiny Rush . Juncus acutus Bulrush Scirpus americanus Spike-rush Eieocharis sp. Douglas Mugwort AHemisia douglasiana San Diego Sagewort Artemisia palmeri Seep Monkeyflower Mimulus guttatus Tall Evening Primrose Oenthera hookeri * larger sizes may be substituted, as per approval of project biologist. 6 ' I,?' " i1 0 0 .I'S 2'3 * measured at the creek) so as to insure successful plant establishment and, ultimately, independent growth. The specific plantings as recommended herein will result in an enhancement of the edges of an existing freshwater marshkiparian scrub community' through the planting of rooted Arroyo Willow and Lance-leaf Willow bands (rooted cuttings or liners). Four-inch to one-gallon sized container stock of the plants listed in Table 1 will be planted in areas all along the newly enhanced riparian area. Larger sizes may be substituted at the discretion of the project biologist. All planting holes will be augured to allow easier root access to the water table. A hydroseed mixture containing seed of the native riparian plants (Table 1) will be applied around all disturbed areas abutting and within the mitigation area immediately following planting of the container stock in order to "headstart" this aspect of the revegetation program. Other wetland taxa may be placed in the hydroseed mixture, although any modifications to or deviations from the list in Table 2 will require review by the project biologist. The seed application techniques, rates, etc. will be designated by hydroseed application technicians. All willows will be randomly planted as single, rooted band or liner specimens within eight-foot circle centers in the areas designated as shown on the accompanying blue-line plans. This equals approximatefy one specimen per 64 square feet. Container stock will be randomly spotted in ten foot circles amongst the willow bands as designated by the supervising project biologist. The total area to be revegetated equals approximately 0.69 acres. A temporary overhead spray irrigation system has been designed for this area of the site by the project landscape architect. The spray irrigation heads will be initiaily placed at 18 inches above the finished grade. The head mountings will be periodically adjusted .upward to project irrigation waters above the developing vegetation. All 4" or larger container stock will be placed on drip irrigation. The irrigation system will be disengaged as the sapling willows and container stock become estab- lished. It is anticipated that this would be within five years from the initial planting: date. Longer use may be necessitated should riparian habitat fail to meet the 80% to 100% success criteria as specified within the biological monitoring period. 7 I b, I y' .I 0. 0 .'s 2fl Protection of the planted riparian vegetation will be provided through the installation of a permanent 6-foot chain link fence around the mitigation area, as illustrated on the accompanying blue-line plans. This will be installed immediately following initial planting. The fence will reduce chances for grazing by wildlife or accidental trampling. MAINTENANCE AND MONITORING PROGRAM The goal of this maintenance and monitoring program is to insure suc- cessful restoration of riparian wetland habitat in the area selected for that purpose. California Assembly Bill No. 3180 mandates that mitigation monitoring occur for all environmental mitigation efforts within the State of California. Technical Monitoring c"~,"-.L:i.>" - . ~ ..~. . . - - - . . ~" 0, . .- , ... __ .",. ~- """ ~ -...., ."".. ,.- - - - _. The technical monitoring program will document the growth and develop- ment of the individual shrubs and trees. The monibring program will address the progress of the revegetation effort through the long-term analysis and study of vegetative growth patterns and changes in understory species composition, and determine the need for remedial activities for the duration of the program. Technical monitoring will begin at the time that the plants are delivered to the site. This will be on or before the first day of planting. Monitoring will begin with an inspection of stock, and will terminate at the end of five years beginning at the successful completion of all revegetation activities as determined by the project biologist. A qualified biological consultant or revegetation specialist con- sultant will be retained by the applicant to monitor and report on the progress of the replanting effort. The consultant will have at least two years of local exper- ience and be highly familiar with revegetation plan monitoring. The consultant will examine the plants to be used in the revegetation program prior to planting to ensure that they are vigorous, of normal growth, free from disease and pests, and that the species and quantities of plants specified in the mitigation plan (containerized and hydroseed) are utilized, and that these species are appropriately placed within the revegetation area. The consultant will spot all container stock to define specific planting locations and check the site prior to 8 (1 .. .- .. *. * ,. ?@ $a . hydroseeding to make any final planting adjustments. Biological monitoring will consist of plant height and trunk diameter measurements, survivorship measure- ments and a comparative understory species composition analysis. Color photo- graphs of the site and written' field-notes will be assembled to document the success of the revegetation plan. Permanent photo documentation points will be established during the first year of monitoring. All photographs and field-note assessments will clearly depict the height, cover, and survivorship rates of the vegetation. The survival rate at the end of the first year of monitoring will be 80 percent. The survival rate at the end of the second through fifth years of moni- toring will be 100 percent. Should these percentages not be met at the end of each monitoring year, additional stock of like kind and size will be planted to compensate for all specimens lost. Letter-format reports summarizing the monitoring program and the vegetation establishment rate will be submitted to the City of Carlsbad and the California Department of Fish and Game at six and twelve months after the initial planting, and annually thereafter to completion of the five-year monitoring program. Maintenance Maintenance of the mitigation areas will occur for a period of no less than five years, and consist of the following items: Routine irrigation will be maintained at a level specified by the landscape contractor. The irrigation system has been designed to be gradually phased out during the five-year maintenance period. .- .-. ,___ .- " .... ___ ____ -~-... 1 I..". . 1 .. . .." i ,- "".- - I- - ~ .. .. j . .~ A. . ri Removal of all trash and litter will occur on a regular basis. This will "". .~ -.., _. ~ .,.- - ..~". ""_ >"^ ",... ~. . . . ., include the clearing of all debris prior to planting and hydroseeding. All dead or diseased plants will be removed and new replacement speci- mens planted to meet the goals of the revegetation plan. The need for replacement, size of replacement plants, timing of replanting, etc. will be determined by the project biologist or revegetation specialist in consultation with the landscape contractor. -~ ___ ~ ___. - ......~.."... I., .-,. ".- -A.7r"""- - . -~... ... , - ___, 9 L , .’ . n’ ’ 8, 0 0 <@* 5P 0 Periodic control of pests such as insects, ground squirrels, gophers, and weedy plants will occur as specified by the landscape contractor and/or consultant. 0 The use of control agents such a fertilizers, herbicides, or pesticides will be avoided. Any required use will be under the direction of the consultant. Additional Pian Conditions The revegetation site will remain as natural, permanent biological open space. The applicant will assure the long-term preservation of the revegetated habitat by dedicating an open space easement to the City over the area which will eliminate future construction activity and designate the area for the conservation of wildlife habitat. The applicant or his landscape contractor will be responsible for obtaining the appropriate number and species of plants specified. This may involve contacting the appropriate nursery or seed company to provide plant materials far in advance of any planting efforts in order to provide ample time for the preparation of materials. Substitution of non-native, non-indigenous, and/or naturalized plant species shall not be allowed. The applicant will be responsible to insure that adequate water is supplied to the revegetation area. The Carlsbad Municipal Water District will provide sufficient water to the applicant. A temporary overhead spray and drip irrigation system, as designed for this project, will be installed prior to planting to aid in the establishment of all stock. The applicant will be responsible to monitor the success of the revegetation effort for a five-year period (the monitoring program is discussed in detail above) and bonds shall be posted as guarantee of mitigation implementation. The plants and irrigation system will be checked by the landscape contractor on a weekly basis during the first 90 days following planting. Thereafter, they will be checked on a monthly basis or more frequently, as determined by the project biologist. An inspection of all container plants will 10 s. .. I, 17 , .> .D 0 e ,? 8, L7> ' be made by the project biologist at the end of the initial 90-day period following installation. At that time, any overall loss of planted specimens exceeding 20% of the original number planted will require replanting in kind. Dead plant material will be replaced with the same'size material as was originally planted during this initial period. At the end of the first year of maintenance, any plants which fail to thrive will be replaced in kind, as per the direction of the monitoring biologist. The applicant shall be responsible to manually remove exotics which become established in the revegetation area, including (but not limited to); Giant Wild Reed (Arundo donax), Castor Bean (Ricinus communis), Salt Cedar (Tamarix sp.), and Pampas Grass (Cortaderia sp.). Removat of exotics shall be under the direction of the consultant. The applicant will not prune or conduct other manicuring activities to the native species which become established within the revegetation area, except as specifically directed to by the consultant. The final initial planting shall be completed no later than 1 February 1993, as stipulated in the approved Streambed Alteration Agreement (Attachment B). Building occupancy shall not be permitted prior to completion of initial planting. 11 .. .' . -3 .. .. ,I 0. 0 -2- 83 "& ATTACHM-ENT A Biological Resources Letter-format Report for the CUP 91-3 Proiect. 12 , I .* .- . J. .I m 0 ' ..- - lTtSCEST ,\. SCUEIDT ISiolo!licul ('onsullarlt 48. 2@ I!SB OCC!l>E\;AL STKEET S.AS DIEGO.C.4CI!:2 1610) 45-.3S-.3 August 28, 1991 Mr. Don Althouse Atlantic Richfield Corporation 17315 Studebaker Road Cerritos, CA 90701-1488 RE: Results of a focused biological study of wetland area adjacent to the proposed Arc0 AM/PM facility site in Carlsbad (CUP 91-3). Dear Mr. Althouse: In response to your recent request, I have completed a focused biological survey of the wetland area on a site adjacent to the proposed Arc0 AM/PM facility (CUP 91-3) near the intersection of Palomar Airport Road and Camino Vida Roble in the City of Carlsbad. The purpose of this survey was to define the quality of the wetland habitat and assess the regional or local significance of this community as a biotic resource. I conducted a biological site inspection and inventory on 19 August 1991. All plants encountered in the wetland area on the subject study site were identified during the field survey and are listed in Table 1. The location and limits of the wetland, as determined by locations of indicator plants, is plotted on the attached 40-scale project map, Relatively well-developed Freshwater Marsh vegetation is present at the bottom of a minor swale adjacent to Palomar Oaks Road. A portion of this swale had been created by approved grading operations during prior development of the CUP 91-3 site. This semi-aquatic community is defined by the presence of a number of wetland indicator plants, including Water Smartweed (Polygonum coccinewn), Soft Cart& (Typhu latifolia), Tall Sedge and Yellow Sedge (Cyperus eragrostis, C. escufentus), and many others. Several shrubby willows (Salk lmiolepis, S. lmiandru) are located along the edge of the marsh. An extensive ingrowth of weedy or invasive transitional upland species, including Wild Anise (Foeniculum vulgure), Bristly Ox-tongue (Picris echiuides), * and Coyote Brush (Bacchuris piluluris), is present in drier spots of the drainage. This has resulted in degradation of the riparian habitat to a degree. The wetland habitat lies directly within and adjacent to an open, concrete-lined storm drainage channel section of a major drahage facility. The channel crosses onto approximately 130 feet of the site through an SDGE powerline easement. The wetland currently sits on top of this open concrete channel which has not been maintained and has become silted over. a=.y,-z- .~.- .-.- .- -~"-~~". " ---.--- " --- '-.. . -,- . ". ,.~, .".. .~~." ..., ~ "... -. . ...-..- ..__._.. . .. . - . ,..,: .".. .. - __ . ,. .. . - ~. . . . . .. . - __~ -~... .- . .". ~. . " . . 4 . - . .~ r:. - No sensitive plants or animals were observed within wetland areas adjacent to the CUP 91- 3 site, nor would any be expected to occur here, given the artificial nature of this habitat. All of the animals observed are regionally-common taxa Wetland habitats are considered sensitive biological resources in Southern California. As previously mentioned, the Freshwater Marsh habitat on this site is relatively well-developed, although it is completely unnatural because of the fact that it is supported wholely by irrigation runoff from the surrounding area. The use of large amounts of water in landscape irrigation and nitrogen-rich fertilizers in the surrounding watershed has substantially augmented the opportunistic wetland vegetation which had become established within the open storm-drain system. However, because wetlands form sensitive biological resources, these habitats are subject to a "no net loss of habitat values" policy. This means that protection of existing wetland areas is of the highest priority to resource managers, such as the U.S. Fish and Wildlife Service (through the Army Corps of Engineers) and the California Department of Fish and Game. Because the subject site is substantially less than one acre in size and no federally-listed Endangered Species are present, Corps of Engineers involvement in this project would not be anticipated. Project review and SIOLOGICAL ISVEXTORIES RESOL-RCE .ASSESS\lESTS COSSTRAINTS ANALYSIS HABITAT RESTORATION REVEGET.ATION , .. .. .* . .4 ,' . . I. m 0 i'lp % Mr. Don Althouse, page 2. mitigation development, in concert with the Department of Fish and Game under a 1603 Streambed Alteration Agreement, would be required to compensate for any loss of wetlands. As presently designed, the proposed development of the CUP 91-3 property ~~~~~.~lt~.L:required~.m~tenance loss-. c$:the.,ex&ting o.f'lf-e; s-en~s~tiy~e'-..wet~,~.~. storm-* channel 7T; sitG. (clearing pre:se~&o.* vegetauon on^ m fro-m pr~op.eq t&e existing is probably. cham@), noi appr.opnate~ gidlhence h diiect , gy case, given the small size and artificial nature of the habitat. It is recommended that a habitat compensation plan be prepared &pjJ&g @ega!jon. options pch ,as.:gq,or off site .revegetation, habitat enhancement, etc. This shoiiId"be-prep&fd.-by 'a'qualified local revegetation speaalisi or biologist familia with such efforts in the vicinity. .>:-,;;. . . If this recommendation is fully implemented, I feel that full development the project site will not result in any significant, adverse impacts to sensitive biological resources, and any impacts to biotic features of the site would be considered less than significant under provisions of the California Environmental Quality Act. I hope that this information will be appropriate for your needs. Thank you for the oppoaunity to assist with this project. Please contact me should you need further information or clarification. Sincerely, /be- -Vincent -N. Scheidt, M.A. Biological Consultant cc: Mr. Hank Worley, Project Civil Engineer , .* ., .. .. 4 ,- m e Table 1. Plants Observed in the Wetland - The Arco CUP 91-3 site, Carlsbad. Scientific Name Common Name Ambrosia psilostachya Anagallis arvensis * Baccharis pilularis Bromus diandrus * Centaurea melitensis * Conyza canadensis * Cynodon dactylon * Cyperus esculentus * Cyperus eragrostis Eleochuris sp. Foeniculum vulgare * Gnapthalium beneolens Gnapthalium palustre Heterotheca grandiflora * Hordeum murinum * Juncus sp. Lactuca serriola * Lamurckia aura * Leptochloa uninervia Melilotus indicus * Melilotus albus * Nicotiana glauca * Paspalum dilatatum * Picris echioides * Polygonum arenastrum * Polygonum coccineum Polypogon mnspeliensis * Raphanus sativus * Rumex crispus * Salix lasiolepis Salix lasiandra Salsola iberica * Western Ragweed Scarlet Pimpernel Coyote Brush Ripgut Brome Tocalote Common Horseweed Bermuda Grass Yellow Sedge Tall Sedge Spike-rush Wild Anise Cudweed Cudweed Telegraph Weed Wild Barley Wire Rush Wild Lettuce Goldentop Sprangle Top Indian Sweet Clover White Sweet Clover Tree Tobacco Orchard Grass Bristly Ox-tongue Yard Knotweed Water Smartweed Rabbitfoot Grass Wild Radish Curly Dock Arroyo willow Narrow-leaf Willow Russian Thistle Schinus molle * Peruvian Peppertree Sonchus oleraceus * Sow Thistle Typha lat&lia Soft Cattails ........................ * = non-indigenous taxon. -?? Bjt .: $ .I *. , ,4 . ,. *I 0 0 J& g2 ATTACHMENT B 1603 Streambed Alteration Aareement and related correswndence - CUP 91-3. 16 .( I .- , e?' . I< ,a 0 .' 1 4D I8 Hofman Planning Associates 0 0 e ?!ann:r.g Project Varo~-e.renf Fiscc! Ar.a!ys~s "Qj October 29, I99 1 Carolyn Doody Department of Fish and Game Wildlife Protection Branch 1350 Front Street, Room 2041 San Diego, Ca. 92101 RE: FIELD INSPECTION OF THE ARC0 SITE IN CARLSBAD Dear Carolyn; Thank you for meeting us on the site this morning. We understand your requirement for no net loss of wetlands, regardIess if they are naturally wFei-emkinage fac%es3iiiiiigmour site inspection we discussed"the possibilities of onsite as well as offsite mltlgation. After discussing the two alternatives we all agreed that it would make more sense to mitigate the elimination of all of the manmade wetlands on this propert th ,intersectio . .. ~~~ZliXM~=~~b prhle altematKe' sisce' it wouR'iS'e "posscbie 'to eimge the existing riparian area at this location by grading down the adjacent upland areas to create more riparian habitat. You indicated that the eliminated area would have to be replaced on at least a 1: 1 ratio, but suggested that we replant at a higher ratio to ensure that the survival rate equate to at least a 1: 1 ratio. Based on this discussion you indicated you would be willing to sign our Streambed Alteration Agrement by November 7, 1991. The agreement would basically allow us to go forward with the understanding that prior to the issuance of a grading permit we would have to provide a , - .. . e. * . We will submit a mitigation bitat at the offsite Iocation we inspected. This plan would have to be prepared by a biologist and contain at a minimum the following information: 1, The amount of existing wetland that would be eliminated. 2. The amount and Iocation of the area of wetland that will be created to mitigate this loss. 3. The type of species that will be planted in this mitigation area. 33~5 ;arcdey ,AVSI:~C . sui:e 12G Carlsbcd CA Q20C3 !610) J??3-)465 Fax (610) 238-2422 . ...I - . . -. 1 I .* .. . , Y,' , I . . .- a 0 V@ q@ 4. The time schedule for the clearing of the silted drainage facility and the creation of the additional wetlands. - - . " rS.( ~.)L.I'...l;/."-__7i__~ :." ~ . . I . . . , .- ,,I - . I_ .::; "~ ._ _. . 5. A monitoring program for the newly created wetlands including a time schedule and the name of the biologist that will be responsibIe for this monitoring. 6. Placing of a permanent Wildlife Conservation Easement over the enhanced area. We have already called Vincent Scheidt, Arcds biologist, to meet with us to prepare a mitigation plan as soon as possible. As mn as this pian is completed we will submit a copy to you €or your review. We also indicated that we would Iike to clean out the drainage facility in the next week or so to eliminate P potential liability situation if there are heavy rains this winter creating flooding situation on ,,j?~o~~-Oaks_W~y. Based on'your input we intend to create the additionai offsite wetlands enhancement next lune after the rainy season and bird breeding SeaSon. Hopefully this letter correctly reflects our conversation and understandings, if I have misstated any thing or incorrectly quoted you in any way please contact me immediately, We are looking forward to getting our permit signed by November 7th so we can expedite the cowtion of the existing drainage problem. If I can provide any additional information regarding this project please feel free to contact me. Sincerely, MY? Mike Howes cc Don AIthouse Hank Whorley I' B of: C4tikrnia 4 0 einorandurn 0 '1845 The Resources Agency : Don Althouse ARC0 Products Corp. 9405 Sawtooth Way San Diego, CA 92129 Dote: 11/6/91 t : Department of Fish and Gama Carolyn Doody, Fish and Game Warden 379 ectr Streambed Alteration Agreement No. 5-509-91 Dear Mr. Althouse: Enclosed are two complete copies of Streambed Alteration Agreement 4 5-509 If you agree with the conditions/measures set forth in the Agreement, please sign Page 1 (a quadruplicate carbon) and both copies of the last page (page 4 1. You may retain the yellow copy of Page 1 and one set of the remaining page(s1. Please return the signed Agreement to me at the address founc! below. The California Fish and Game Code requires that you notify the Department in writing within 14 days of receipt of this proposal as to its acceptability. Failure to do so shall void the proposed Agreement. You then would need to submit a new notification together with the appropriate fees for the approval process to proceed. If you have any questions regarding the proposed conditions, pleose contact me at pH: (619)525-4215. Sincerely, G/QJ+~-* Lccjlf Carolyn Doody Department of Fish and Game 13909 Via Rimini San Diego, CA 92129-2044 , 0 - _, , -. - 'b . % Notification NQ &-5*9-91 THP No.+% 1 .+ t. I .. 'AGREEMENT REG ISG PROPOSED STREAM OR ~KE ALTERATION Page 1 of 4 THIS AGREEMENT, entered into between the State of Cdifornk Department of Fish and Game, hereinafter called the Depart 1 Dnn AI thnusP renrpqpnt.i nR + sn ni mm 4 , Stateof ~alifornz maior, isafollows: WHEREAS, pursuant to Division 2, Chapter 6 of California Fish and Came me, the operator. on the 7th day of nrfnF - 91 , notified the Department that he intends to substantially divert or obstruct the natura] flow of, Or substantially change tht annel, or bank of, or use material from the streambd of, the following water: Unnamed drain;rne , in the Cour n Diego , State of California: s T L. WHEREAS, the Department (represented by WardenCarolyn DQ- has mnde an inspection of subject area c 9th day of October , 19 9L, and) has determine h operations may substantiaily adversely affect existing fish and wildlife resources including: r + par i an U ; +At and associated wildlife. THEREFORE, the Department hereby proposes measures to protect fish and wildlife during the operator's work. The operator h ees to accept the following recommendations as part of his work: Numbers Ll62l"2l- 7 7 rn the list of recommendations on the back of this page and the folIowing special recommendations 1. All work in or near the stream or lake shall be confined to the period .m&-d~r a 3L,. 2.) This AureerneRt covers onlv those actlvupq 6pqr-d jn Nnt ifipapjc ... NO. 5-509-91. This involves removinc accwatpd -n+ fryn a concrete lined channel and associated ve~ew- Tt iq 'IW~~PA adjacent to Palomar Oaks Wav in Car-d. Departrnenc, this Aareernent becomes vw the 0n-r met- cllh~i + a new Notification. 4.) The project as Drocosed will cause a tot& loss of the wetland hlhit 1ocate.d at the channel site Therefore, inarder ~JJ off=+ vet7 and - 3.) If substantial Dfan chanaes are made from those qtl&ttpd to the - imnacts due to oroiect related ZC\, 'ivi*ies a nn ;rnrlmhni+nri Plan shall be submitted to and a waved bv t& np-nt nrinr hm any work near the drainaae. - *special Recon:negdations Continued on Attached PAC~ 7* The operator, as designated by the signature on this agreement shall be responsible for the execution of all elements of this agree. A copy of this agreement must be provided to contractors and subcontractors &d must be in their possession at the work If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a fication shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with inent Code Sections, including but not limited to Fish and Came Code Sections 5650,5652 and 5948, may result in prosecution Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsl compliance with applicable federal, state, or local laws or ordinances. This agreement does not constitute or imply the issuanc :r right. h consummated agreenent does not necessarily constitute Department of Fish and Came endorsement of the proposed ( or assure the Department's mncarrenCe with permits required from other agencies effectiveon sianature of document - c- J - ll r;, ?dJ " f?.&t*../ Doplrtmoni RcpreKnutive : Lcz.5& lzt+- Title-olvn Domi?/ Game WiirdPn 37 anization #wLcCfo; LLFZ 6 Department of Fish and Game, State of Cali! ! /[-20- Date ll/A/ 9 1 - . m.. re QP'U~MRNIA-M RESOURCES AGENCY - *"Y 6 KKKME ' Pm WIUON. CoVwT Streambed Alteration Agreement No. 5-509-91. 5.) Silty/turSid water shall not be discharged into any drainage or stream. Such water shall be filtered, settled or otherwise treatec prior to discharge. The Operator's ability to ninimizee stream turbidity/siltation shall be the subject of preconstruction planning and feature implementation. 6.) The Operator shall provide a copy of this Agre,. oqent to ai1 contractors and subcontractors. Copies or' this Agreement shaii be readiiy avaiiable at the job site at all times during operations and presented to Department employees upon request- 7,) The Depar+Jnent reserves the right tu enter the project site at any time in order to ensure compliance with the terms of this Agreement. 8.1 Raw cement/concrete or washings thereof, asphalt, paint or other coating material, petroleum products, or any other * whfch.could be hazzrdous to aquatic life, resulting from project related activities, shall be prevented from contaminating the soil and/or entering the waters of the State. Any of these nateri placed within or where they may enter, by the Operator or iny party working under contract or with the permission or' the Operator snzll be removed immediately, . 9.1 Project spoil, sand or silt bearing material shall be removed from the drainage area and placed where it shall not be washed back into any stzearn/drainage. 10.) The Deparment reserves the right to suspend and/or revoke this Agreement if the Department determines that circumstances warrant Circumstances that could require a reevaluation include, but are nut limited to, the following: a. Failure to cornply with the terms of this Agreement. b, The information provided by the Operator in support of the Notification is determined tobe incomplete or inaccurate. c. When new information becomes available to the Department representative that was not known when preparing the original terms of this Agreement. d. .The project as described in the Notification has changed or conditions affecting fish and wildlife resources change. 11.1 Only native SDPP~PR shall be n~ed in the rPvPuPtatinn nlan. . +Special Recornendations Continued on Attached Page 3* ;e 3 bf 4 * *Streambed heration Agr ent No. 5-509-91 ) The Operator shall submit to the Department for review and approval, prior to initiation of project activities, a detailed plantin . palette indicat@g species, quantity, and location of plantings. Included with the planting palette shall be a propose w 0 1848 maintenance plan for the mitigation area. ) In order to determine if the revegetation techniques used have been successful the plants shall achieve the minimum growl at the end of three and five years. If the minimum growth is not achieved than the Operator shall be responsible for takir 'the appropriate corrective measures as determined by Department representatives. The Operator shall be responsible for ar cost occurred during the revegetation or in subsequent corrective measures. Not all of the following species may pertain 1 this agreement. SPECIES SIZE AT PLANTING HEIGHT PLANTING CENTERS 3 years 5 years (GALLONS) Arroyo Willow FS 8ft loft 15ft 1 gallon 8ft loft 15ft Black Willow FS 8ft 12 ft 18 ft 1 gallon 8ft 12 ft 18 ft Sandbar Willow FS 5ft 4ft 6ft 1 gallon 5ft 4ft 6ft Red Willow FS 8ft 9ft 15ft 1 gallon 8ft 9ft 15ft Sycamore 1 gallon 20 ft 5ft 9ft 5 gallon 22.5 ft 7ft 13ft 15 gallon 25 ft loft 18ft Cottonwood 1 gallon * 5 gallon * 15 gallon * White Alder 1 gallon * 5 gallon * 15 gallon * 7ft 12ft 9ft 15ft 13 ft 20ft 6ft 11ft 8ft 13ft 11ft 16ft 1 Depending if used as supplemental species (40 ft O.C.) or if dominate species (15 ft OX.) OAKS Coastal live 1 gallon 20 ft 3ft 6ft 5 gallon 25 ft 5ft 9ft 15 gallon 30 ft 7ft 14ft Canyon live 1 gallon 20 ft 3ft 6ft 5 gallon 25 ft 5ft 9ft 15 gallon 30 ft 7ft 14ft Scrub 1 gallon 20 ft 2ft 4ft 5 gallon 30 ft 3ft 5ft 15 gallon 40 ft 3ft 6ft All Shrub species 1 gallon * 5 gallon * 15 gallon * ) *= Plant in naturalized clumps and randomly scattered. All planting will have a minimum of 80 % survival the first year anc 100% thereafter for years -2- through s. The Operator shall submit to the Department for review and approval within 30 day after completion of the first year's growth a monitoring report and annually thereafter through year 5 . *Special Recommendations Continued on Attached Page 4* " . 4. I 9 .. ' T '. e. 1849 E 'S. ULIFORNIA-THE RESOURCES AGENCY pm wttsm. Go- PARTMENT OF FISH AND GAME Page 4 of 4 15.1 The Operator shall notify the Department, in writing, ut least five days prior to initiation of project activities and at least five days prior to completion of the project. Notification ahall be sent to 1350 Front Street, Room 2041 San Diego CA 92101< CONCURRENCE Operator- (A > (signature) Title- m %&& - lrganization- /-tb3\'c Q& F~LA L Date- !("?I 4ALm DepartmeGt Repredentative - warm 779 DeDartrnent of F;R- State or' California 11/5/91 . ~ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. I T' @ RECOMMENI Disturbance or removal of vegetation shall not exceed the minimum necessary to complete operations. The disturbed portions of any stream channel or lake margin within the high water mark of the stream or lake shall be restored to as near their original condition as possible. Restoration shall include the revegetation of stripped or exposed areas. Rock, riprap, or other erosion protection shall be placed in areas where vegetation cannot reasonably be expected to become reestablished. Installation of bridges, culverts, or other structures shall be such that water flow is not impaired and upstream or downstream passage of fish is assured at all times. Bottoms of temporary culverts shall be placed at or below stream channel grade. Bottoms of permanent culverts shall be placed below stream channel grade. Plans for design of concrete sills and other features that could potentially impede fish migrations must be approved by Depamnent engineers. When any dam (any artificial obstruction) is being constructed, maintained, or placed in operation, sufficient water shall at all times be allowed to pass downstream to maintain fishlife below the dam. An adequate fish passage facility must be incorporated into any barrier that obstructs fish passage. Any temporary dam (any artificial obstruction) constructed shall only be built from material such as clean gravel which will cause little or no siltation. No equipment will be operated in live stream channels. Equipment shall not be operated in the stream channels of flowing live streams except as may be necessary to construct crossings or barriers and fills at channel changes. When work in a flowing stream is unavoidable, the entire streamflow shall be diverted around the work area by a barrier, temporary culvert, and/or a new channel capable of permitting upstream and downstream fish movement. Construction of the barrier and/or the new channel shall normally begin in the downstream area and continue in an upstream direction, and the flow shall be diverted only when construction of the diversion is completed. Channel bank or barrier construction shall be adequate to prevent seepage into or from the work area. Channel banks or barriers shall not be made of earth or other substances subject to erosion unless first enclosed by sheet piling, rock riprap, or other protective material. The enclosure and the supportive material shall be removed when the work is completed and the removal shall normally proceed from downstream in an upstream direction. Temporary fills shall be constructed of nonerodible materials and shall be removed immediately upon work completion. Equipment shall not be operated in the lake or its margin except during excavation and as may be necessary to construct barriers or fills. If work in the lake is unavoidable, a curtain enclosure to prevent siltation of the lATIONS @ 1850 lake beyond the immediate working area shall be installed. The enclosure and any supportive material shall be removed when the work is completed. 14. Silt settling basins shall be located away from the stream or lake to prevent discolored, silt-bearing water from reaching the stream or lake. 15. Preparation shall be made so that runoff from steep, erodible surfaces will be diverted into stable areat with little erosion potential. Frequent water check: shall be placed on dirt roads, cat tracks, or othel work trails to control erosion. 16. Wash water containing mud or silt from aggregate washing or other operations shall not be allowed to enter a lake or flowing streams. 17. a) A silt catchment basin shall be constructed across the stream immediately below the project site. This catchment basin shaU be constructed of gravel which is free from mud or silt. b) Upon completion of the project and after all flowing water in the area is clezu of turbidity, the gravel along with the trapped sediment shall be removed from the stream. 18. If operations require moving of equipment across 2 flowing stream, such operations shall be conducted without substantially increasing stream turbidity. For repeated crossings, the operator shall install a bridge, culvert, or rock-fill crossing as specified in comments below: 19. If a stream channel has been altered during the operations, its low flow channel shall be returned as nearly as possible to its natural state without creating a possible future bank erosion problem, or a flat wide channel or sluice-like area. If a lake margin has been altered, it shall be returned as nearly as possible to its natural state without creating a future bank erosion problem. The gradient of the streambed or lake margin shall be as nearly as possible the same gradient as existing prior to disturbance. 20. Structures and associated materials not designed to withstand high seasonal flows shall be removed to areas above the high water mark before such flows 21. No debris, soil, silt, sand, bark, slash, sawdust, rubbish, cement or concrete or washings thereof, oil or petroleum products or other organic or earthen material from any logging construction, or associated activity or whatever nature shall be allowed to enter into or placed where it may be washed by rainfall or runoff into waters of the State. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any stream or lake. 22. The operator will notify the Department of Fish and Game of the date of commencement of operations and the date of completion of operations at least five days prior to such completion. OCCW. ....- - . . ~. p 8 4. . ,, b 4. .. 0 0 . Hofma-n Planning Associates '%I - e 8 e Planning Project Management Fiscal Analysis March 19,1992 Terry Dickerson California Department of Fish and Game P.O. Box 6657 Laguna Nigei, CA 92607-6657 SUBJECT: Fish and Game Approval of ARC0 Mitigation Plan Dear Terry, This letter is to serve as the California Fish and Game Department's official acknowledgement of concurrence with the mitigation plan titled "A Mitigation Plan for the CUP 91-3 Project City of Carisbad" prepared by Vincent N. Scheidt dated February 1992. The mitigation plan was required in accordance with condition 12 of Streambed Alteration Agreement Number 5-509- 1 dated November 5, 1991 which states "The Operaor shall submit to the Depanment for review and approval. priu to initiation of project activities, a detailed planting palette including species. quantity, and location of planting Included witb the planting den shpj @ a= maintenance plan for the mitigation area." pe" w 4pBy submitting this letter for your signature, the applicant agrees to abide by all the conditions located within tht b Streambed Aiteration Agreement No. 5-509-91 and the Riparian Mitigation Plan prepared by Vincent N. Scheidt datec "e-.+ "eoap-he""b.k.;) <- \,\q?3.h 31t't/Qt % -5dq-4lidy 5- 4bq.L-A 8 * ., my6 m;n. s" i d \0590~~~J-+ February 1992. Through your -*q s n qture te,rlz; 2 &California Department of Fish and Game's representative, the Departmen agrees that . of tream ed Alteration Agreement No. 5-509-91 have been fulfilltd and the sedimen within and adjacent to the unnamed concrete lined drainage channel located adjacent to Palomar Oaks Way in Carisbac on the lower portion of the project site can be removed by the project applicant. This letter will further satisfy the Conditional Use Permit condition of approval which states that" Prior to the issuanc of a grading permit or building permit for the project the developer shall obtain any required permits from th Csfifxaia Cqartmenc of Fish and Ga~nt: ur provide proor oi 'no permits necessary" for the conditione removal/reconstruction of the drainage ditch within the wetland area adjacent to Palomar Oaks Way." Thank you for your cooperation in this matter. If you have any questions, please fttl free to contact me irnrnediatel) Tim Gleason -. /LL Dcpt.[~twt1( Repeselrrariw Dare 2336 Farccsv Aven~e . zji*e 120 . Cs:lsccc . '3.A 52.328 . (C;?) ;38-':65 =zx ,:Cj L35-2A43 * . .- f I * a 0 .'Bsz EXH I B IT 'le' LEGAL DESCRIPTION ( WETLANDS MlTl GATION EASEMENT ) PR 2.3.75 Being a portion of lot 20 of Carlsbad tract no. 80-38, map no. 10198 of record in the office of the county recorder, county of San Diego, state of California as file no. 81-294627 recorded September 15, 1981, more particularly described as follows! beginning at a 2" x 24'' iron pipe monument with disk marked RCE 18673, said monument being the centerpoint of a 35 foot radius cul-de-sac on Palomar Oaks Court, thence on a radial bearing N 60'29'47" E 35.00 feet to a point on the right of way of Palomar Oaks Court, said point being a point of tangency with the aforesaid 35.00 foot radius curve and also being the true point of beginning; thence from the true point of beginning along the tangent bearing N 29°30'13" W 50.00 feet to a point of tangency with a 100.00 foot radius curve, concave easterly; thence along the arc of said 100 foot radius curve through a central angle of 25'29'48" 44.50 feet to a point of compound curvature with a 30.00 foot radius curve, concave southeasterly; thence along the arc of said 30.00 foot radius curve though a central angle of 57O44'56" 30.24 feet to a point of reverse curvature with a 126.00 foot radius curve, concave northwesterly; thence along the arc of said 126.00 foot radius curve, through a central angle of 21° 40'09" 47.65 feet to a point of tangency; thence along the tangent bearing N 32O 04'22" E 84.00 feet to a point of tangency with a 30.00 foot radius curve, concave southerly; thence along the arc of said 30.00 foot radius curve through a central angle of 56'25'34" 29.55 feet to a point of tangency; thence along the tangent bearing S 57O55 l38" E 411.25 feet to a point of tangency with a 531.00 foot radius curve, concave northerly; thence along the arc of said curve through a central angle of 14°34'25" 134.06 feet to a point of intersection with a non-tangent bearing; thence along the non-tangent bearing S 17029'57" W 224.30 feet; thence N 5F55'38" W 522.70 feet; containing 2.765 acres. ' thence S 600 29'47"' W 42.21 feet to the true point of beginning, " I 04 z ,k I It *UOd r -1 E-A5€M ENT DATA SCALE: 1 JJ= /OO ' i \ \ I (B) I 56O024'47'%J ' I 1 42.2l2' - - - - - - - - - - d / I .I ru an-lcr 7- .. * * 0 1854 ?"+ CERTIFICATION FOR ACCEPTANCE OF DEED I, *. This is to certify that the interest in real property conveyed by the grant deed or easement, dated 10/15/92 from. Palomar Oaks Business Center Association to the City of 'Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, Pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it's duly i authorized officer. DATED: November 30, 1992 ALETHA L.'RAUTENKRANZ, City Clkrk