HomeMy WebLinkAboutGPA 15-02; ; 2023-0233523: Covenant+ 1.~ u
RECORDfNG REQUESTED BY AND)
WHEN RECORDED MAIL TO: )
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, California 92008-1989
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DOC# 2023-0233523
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Aug 28, 2023 11 :48 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES $0.00 (SB2 Atkins· $0.00)
PAGES: 47
Space above this line for Recorder's use
Assessor's Parcel Number 212-272-07-00
GPA 15-02/ ZC 15-03/ LCP A 15-
Project Number and Name 05/ CT 15-07/ PUD 15-15/ CDP
15-53/ HDP 15-03/ HMP 15-05
Ocean View Point
DECLARATION OF RESTRICTIVE COVENANTS
This DECLARATION QF RESTRICTIVE COVENANTS ("Restrictive
Covenant") is made this 2:j_ day of Ju\ i , 201.3 by RREG Investments Series LLC Series
l045, a Delaware limited liability company (hereinafter "Declarant").
RECITALS
A. Declarant is the developer of that certain real property in Carlsbad, County of San
Diego, State of California, commonly referred to as Ocean View Point, GPA 15-02/ ZC 15-03/
LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP 15-05 (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 Cali fornia, 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 16 .5
acres.
C. This Restrictive Covenant provides mitigation for certain impacts of the Project,
pursuant to requirements of Condition Nos. 5 and 17 of City of Carlsbad Planning Commission
Resolution No. 7339, dated June 19, 20 19 for the Habitat Management Plan Permit. HMP 15-05,
for the Project. This Restrictive Covenant is intended and shall be deemed to satisfy such
requirement as to the Restricted Property. The amount of Diegan coastal sage scrub and southern
maritime chaparral to be preserved within the Restricted Property is 16.5 acres.
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").
CA 09/24/1 3
Assessor's Parcel Number: 2 12-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/LCPA 15-05/ CT 15-07/ PUD I 5-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Poin1
E. Declarant desires to preserve and protect the Restricted Property pursuant to the
Ocean View Point Preserve Management Plan dated July, 2023 ("Management Plan"), an
adaptive habitat management plan which may be revised from time to time and which is.
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 661-666( e) 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
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP 15-05
Project Name: Ocean View Point
( 1) Habitat creation or restoration, including implementation, maintenance and
monitoring activities, required by City of Carlsbad Planning Commission
Resolution No. 7339, dated June 19, 2019 for the Project.
(2) In-perpetuity maintenance ("Long-Term Maintenance, Management,
and Monitoring"), that occurs on the Restricted Property as described in the
Management Plan and Section 6 herein; or
(3) Activities described in Section 4 herein.
(c) Declarant certifies to City, CDFW, and 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, and 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
Insurance Policy attached at Exhibit "C". The current Natural Condition is evidenced in part by
the depiction of the Restricted Property attached on 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 the following further
evidence of the Natural Condition to City, CDFW, and 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, and/or 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.
( e) The term "Biological Monitor" shall mean an independent third-party consultant
with knowledge of upland resources in the San Diego County area and expertise in the field of
biology.
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, and USFWS in the protection of the Conservation Values; and
3 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP I 5-05
Project Name: Ocean View Point
( 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, and USFWS pursuant to Section 6
below; and
(e) Undertake construction, maintenance and monitoring of mitigated areas pursuant
to the Conceptual Restoration Plan for the Ocean View Point Project, prepared by Dudek, dated
June 2023 ("Mitigation Plan"), cover page and Introduction attached hereto as Exhibit "E," until
receipt of final approval of the success of the mitigation from City, CDFW, and USFWS
("City/CDFW/USFWS Final Approval"); and
(f) 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
with all applicable federal, state, local and administrative agency statutes, ordinances, rules,
regulations, orders or requirements;
(g) Perform in-perpetuity Long-Term Maintenance, Management, and Monitoring set
forth in Section 6 below; and
(h) Perform an annual compliance inspection of the Restricted Property, prepare an
inspection report and shall make reports available to City, CDFW, and USFWS and the City, upon
request.
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 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 in the Mitigation Plan,
Management Plan, and any 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.(hl;
(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 Secti_Qn_4ffi;
( 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.
4 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC I 5-03/ LCPA 15-05/ CT 15-07/ PUO 15-15/ CDP I 5-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
( 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 17 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);
U) 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;
(I) 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;
(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 ( 1) emergency fue protection as required by fire safety officials as set forth in Section
i(f)_, (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3)
preventing or treating disease, (4) completing the Mitigation Plan, or (5) 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 Ri.2,hts.
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 fo llowing 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.
5 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP 15-05
Project Name: Ocean View Point
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 trees and shrubs of the same type as currently existing on the Restricted
Property. 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, and 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
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. Prior to erection of such signage, the Declarant shall submit detailed plans showing the
location of such signs to City, CDFW, and USFWS for review and approval. 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 (a), (b),
and (c) 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.
6 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
(f) Fire Protection. The right, in an emergency situation only, to construct 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.
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, and USFWS, City and third-party easement holders of record 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
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 the Management Plan and any amendments
thereto, and (d) annual restoration of the Restricted Property damaged by any activities prohibited
by Section 3 herein. Declarant, its successors and assigns shall prepare a monitoring and
maintenance report documenting activities performed under subsections (a) through (c) above, and
shall make reports available to City/CDFW/USFWS upon request. When activities are performed
pursuant to subsection (d) above, Declarant shall retain a qualified Biological Monitor to prepare
a Mitigation Plan and to oversee/monitor such restoration activities. Declarant shall have its
Biological Monitor submit a draft Mitigation Plan to City/CDFW /USFWS for review and approval
prior to its implementation. Upon completion of restoration as specified in the
City/CDFW/USFWS-approved Mitigation Plan, Declarant shall have its Biological Monitor
prepare a detailed monitoring report, and Declarant shall make the report available to
City/CDFW /USFWS within thirty (30) days of completion of restoration activities. Declarant, its
successors or assigns and the Biological Monitor shall sign the monitoring report, and the report
shall document the Biological Monitor's name and affiliation, dates Biological Monitor was
present on-site, activities observed and their location, Biological Monitor's observations regarding
the adequacy of restoration performance by the Declarant, its successors or assigns, or its
contractor in accordance with the City/CDFW/USFWS-approved Mitigation Plan, corrections
recommended and implemented.
7. Endowment
Declarant shall establish an endowment fund to be held in trust, invested and the interest
disbursed therefrom to provide sufficient funds for the perpetual management, maintenance, and
monitoring of the Restricted Property as required under this Restrictive Covenant. City, CDFW,
and USFWS shall have the right to review and approve the terms of the endowment agreement,
7 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
and shall be a named third party beneficiary of that agreement with the right to review and approve
any amendments.
(a) Declarant shall include the following principles of fiduciary duty in the endowment
fund agreement:
( 1) The endowment holder shall have a fiduciary duty to hold the endowment
funds in trust for the Property.
(2) The endowment holder shall not commingle the endowment funds with
other funds. Funds may be pooled for investment management purposes only.
(3) The endowment holder shall have a duty of loyalty and shall not use the
endowment funds for its own personal benefit.
(4) The endowment holder shall act as a prudent investor of the endowment
funds.
(5) The endowment holder shall not delegate the responsibility for managing
the funds to a third party, but may delegate authority to invest the funds with
Declarant's oversight. The endowment holder shall act with prudence when
delegating authority and in the selection of agents.
(6) The endowment holder shall have annual audit of the endowment performed
by a licensed CPA, and shall submit the auditor's written report to City, CDFW,
and USFWS upon completion.
(7) Endowment funds set aside for the management of the Property shall not be
used to pay any damages for liability due to acts or omissions of the endowment
holder or any other party.
8. City, CDFW, and USFWS Rie;hts.
To accomplish the Purpose of this Restrictive Covenant, Declarant hereby grants and
conveys the following rights to City, CDFW, and USFWS (but without obligation of the City,
CDFW, and 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
8 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP I 5-53/ HDP l 5-03/ HMP 15-05
Project Name: Ocean View Point
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. Enforce1m~_11_t.
(a) Right to Enforce. Declarant, its successors and assigns, grant to City, CDFW, and
USFWS, U.S. Department of Justice (DOJ), and the California State Attorney General (AG), 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 rights under this Section are in addition to, and do
not limit rights conferred in Section 8 above, the rights of enforcement against Declarant, its
successor or assigns under the Section 404 Permit, or any rights of the various documents created
thereunder or referred to therein.
(b) Notice.
(1) If City, CDFW, and/or USFWS determines Declarant is in violation of the
terms of this Restrictive Covenant or that a vio lation is threatened,
City/CDFW /USFWS may demand the cure of such violation. ln 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 of receipt
of said written notice from City, CDFW, and/or 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. If Declarant 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 of this Restrictive Covenant,
9 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Projecl Numbers: GPA I 5-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
(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,
and/or USFWS determines that a violation has occurred, City/CDFW/USFWS shall
give Declarant notice of such determination in writing. 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/or 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
electronic mail. 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.
10 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
(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.
( 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:
10.
(1) Any natural cause beyond Declarant's control, including without limitation,
fire, flood, storm, and earth movement; or
(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.
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, and 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, and USFWS with satisfactory evidence of payment
upon request.
12. No Hazardous Materials Liability.
II CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/LCPA 15-05/ CT I 5-07/ PUD I 5-15/ CDP 15-53/ HOP 15-03/ HMP I 5-05
Project Name: Ocean View Point
(a) Dec1arant 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 shalJ not be, construed such
that it creates in or gives City, CDFW, and USFWS any of the folJowing:
(I) 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
(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, mies, 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, and 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.
12 CA 09/24/20 I 3
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA I 5-05/ CT 15-07/ PUD I 5-15/ CDP I 5-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
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, and USFWS.
City, CDFW, and/or 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,
and USFWS in the official records of San Diego County, California and provide a copy of the
recorded document to the City, CDFW, and USFWS.
14. Hold Harmless.
Declarant shall hold harmless, protect, defend, and indemnify City and its, officials
(appointed and elected), directors, employees, agents, contractors, volunteer, 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 to Declarant's Indemnified Parties with
respect to any Claim due solely to the gross 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, and 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, and USFWS in the official records of San
Diego County, California, and shall provide a copy of the recorded document to City, CDFW, and
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, and USFWS.
13 CA 09/24/2013
Assessor's Pa.reel Number: 212-272-07-00
Project Numbers: GPA I 5-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP 15-05
Project Name: Ocean View Point
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, and 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.
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:
RREG Investments Series LLC Series l045, a
Delaware limited liability company
5315 A venida Encinas Suite 200
Carlsbad, CA 92008
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
2177 Salle Avenue, Suite 250
Carlsbad, CA 92008
14 CA 09/24/2013
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
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 and Venue.
The laws of the United States and the State of California shall govern the interpretation and
performance of this Restrictive Covenant. Any action at law or in equity brought by the parties
for the purpose of enforcing a right or rights provided for by this Restrictive Covenant will be
tried in a court of competent jurisdiction in the County of San Diego, State of California, and the
parties waive all provisions of law providing for a change of venue in these proceedings to any
other county.
20. Liberal Constructiol'l.
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. Severabili,!l'...
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.
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. CaQtions.
15 CA 09/24/20 I 3
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP 15-05
Project Name: Ocean View Point
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, and USFWS Benefited Parties
Except for Section 23 , the terms of this Restrictive Covenant are for the benefit of the City,
CDFW, and USFWS only and are not for the benefit of any other parties.
IN WITNESS WHEREOF Declarant has executed this Restrictive Covenant the day and
year first above written. .
VO .-r .... lf\Vt'.s\-'(v,,..~~ &.en<s LvC-~I t'5 To4>
"Declaran~t" f't--c:-'C..\ -1-
By: --~"-+--------------
Name: Gmea::a~ C::Si. ClC\.',..,...
Title: ~,-"-'C,:p..,\
·')_l
By:__(____nL------
Name: v Co:!+ C badu'.)iC~
Title Ci~tl-VJOf!f .C
Date: l Ze,
APPROVED AS TO FORM:
CINDIE MCMAHON, City Attorney
~~
16 CA 09/24/2013
ACKNOWLEDGMENT
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 dOCUl'!lent._ ---------
State of California
County of San Diego
On I) 7 j z '-\ I "Z.D z 3 bet ore me, Connor Knack, Notary Public {7--"' (insert name and title of the officer)
personally appeared ~€ ron S \-. C.. \~, r
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 is true and correct.
WITNESS my hand and official seal.
•••••••• CONNOR KNACK f
Notary Public • Ca llfornia (
San Oifio County >
Commission # 2361885 -
1y Comm. ExpirM Jun 19, 2025
Signature-----==-------(Seal)
Assessor's Parcel Number:'.! 12-272-07-00
Projecl Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP 15-05
Projecl Name: Ocean View Point
EXHIBIT A -LEGAL DESCRIPTION
17 CA 02/04/13
EXHI_BlT A-LEGAL DESCRIPTION
THAT PORTION OF LOTS 2 AND 7, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16265, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 27, 2018; BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 7; THENCE ALONG THE EASTERLY LINE OF SAID
LOT SOUTH 10°25'22" EAST (NORTH 10°25'22" WEST RECORD PER MAP 16265) 761.52 FEET TO THE
SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 86°50'51"
WEST 1378.67 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE ALONG THE WESTERLY LINE OF
SAID LOT NORTH 03°08'35" EAST 740.07 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE
ALONG THE NORTHERLY LINE OF SAID LOT SOUTH 86°51'21" EAST 391.45 FEET TO THE WESTERLY RIGHT
OF WAY OF TWAIN AVENUE AND THE BEGINNING OF A NON-TANGENT 50.00 FOOT RADIUS CURVE,
CONCAVE EASTERLY; (A RADIAL FROM SAID POINT BEARS SOUTH 87°03'39" EAST); THENCE ALONG SAID
WESTERLY LINE SOUTHERLY 12.12 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 13°53'34" 1 (A RADIAL TO WHICH POINT BEARS SOUTH 79°02'47" WEST); THENCE NORTH 86°51'21"
WEST 92.65 FEET; THENCE SOUTH 78°36'21" WEST 35.48 FEET; THENCE SOUTH 49°23'27" WEST 51.61
FEET; THENCE SOUTH 87°22'32" WEST 23.46 FEET TO THE BEGINNING OF A NON-TANGENT 45.00 FOOT
RADIUS CURVE, CONCAVE EASTERLY (A RADIAL FROM SAID POINT BEARS SOUTH 36°58'54" EAST);
THENCE SOUTHERLY 63.57 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
80°56'24", (A RADIAL TO WHICH POINT BEARS SOUTH 62°04'42" WEST); THENCE NON-TANGENT SOUTH
42°29'40" EAST 25.13 FEET; THENCE SOUTH 14°37'20" EAST 21.78 FEET; THENCE SOUTH 15°25'50" WEST
16.54 FEET; THENCE SOUTH 01°56'41" EAST 68.83 FEET; THENCE SOUTH 61°33'08" EAST 86.99 FEET;
THENCE SOUTH 11°23'28" EAST 157.24 FEET; THENCE SOUTH 63°39'21" EAST 68.27 FEET; THENCE
NORTH 69°41'01" EAST 25.60 FEET; THENCE SOUTH 86°13'30" EAST 35.12 FEET; THENCE SOUTH
59°30'41" EAST 34.69 FEET; THENCE SOUTH 87°19'06" EAST 95.38 FEET; THENCE SOUTH 78°29'01" EAST
78.64 FEET; THENCE NORTH 29°26'11" EAST 82.44 FEET; THENCE SOUTH 69°30'52" EAST 42.84 FEET;
THENCE NORTH 71°42'10" EAST 29.13 FEET; THENCE NORTH 44°46'30" EAST95.63 FEET TO THE
BEGINNING OF A TANGENT 85.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY
100.66 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°51'00"; THENCE
TANGENT NORTH 23°04'30" WEST 114.76 FEET; THENCE NORTH 50°30'55" WEST 90.29 FEET; THENCE
NORTH 31°06'38" WEST 95.54 FEET TO THE SAID NORTHERLY LINE OF LOT 7; THENCE ALONG SAID
NORTHERLY LINE SOUTH 86°51'21" EAST 530.02 FEET TO THE POINT OF BEGINNING.
CONTAINING 720,629 SQUARE FEET (16.543 ACRES).
. MELLO
~u~{i{~
\'%\. S 8537
7·23 ~~ , · -Zo--i.z. rr ,.
GARY D. MELLOM PLS 8537 DATE
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HDP 15-03/ HMP 15-05
Project Name: Ocean View Point
EXHIBIT B_ -PLAT MAP
18 CA 02/04/13
EXHIBIT "B"
-.f'-_S86°5t'.21 "E 391.45'
'"--.J
S36°58'54"E(R)
62°04 '42"W(R)
1
l1
PLAT
,,,--S87°03'39"E(R)
s79•02•4rw(R)
.-
5r-------
LINE TABLE ------
L 1 -N 86°51 '21 " W 92.65'
L2 -S 78°36'21" W 35.48'
L3 -S 49°23'27" W 51 .61'
L4 - S 87°22'32" W 23.46'
LS - S 42°29'40" E 25.13'
L6 -S 14°37'20" E 21.78'
L7 -S 15°25'50" W 16.54'
L8 -S 01°56'41" E 68.83'
L9 - S 61 °33'08" E 86.99'
L 10 -S 11 °23'28" E 157.24'
L 11 -S 63°39'21" E 68.27'
L 12 -N 69°41'01" E 25.60'
L 13-S 86°13'30" E 35.12'
l15
L 14 - S 59°30'41" E 34.69'
L 15 -S 87°19'06" E 95.38'
L 16 -S 78°29'01" E 78.64'
L 17 - N 29°26'11" E 82.44'
L 18 -S 69°30'52" E 42.84'
L19-N71°42'10"E 29.13'
L20 - N 44°46'30" E 95.63'
L21 -N 23°04'30" W 114.76'
L22 -N 50°30'55" W 90.29'
L23 -N 31°06'38" W ·95,54•
PASCO LARET SUITER SCALE= 1" = 100'
& ASSOC~ATIES
San Diego I Encinitas I Orange County
Phone 858.259.82121 www.plsaengtneerlng.com PLSA 3657
"'
5
3
CURVE TABLE
sas·s1·21"E s30.02· ---J'-.
4
~~
l(f~"
ir.'.b)
7
C1 -L=12.12' R=S0.00' 0=13°53'34"
C2 -L=63.57' R=45.00' 0=80°56'24"
C3 -L=100.66' R=85.00' 0=67°51'00"
+· CONSERVATION
EASEMENT
SHEET 2 OF 2
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
EXHIBIT C -TITLE INSURANCE POLICY
19 CA 02/04/13
~F N T G ~ CIIJCAUOTITLE
_ _ _ _ 0 Fidelity N■tlo■al 'ntle'
(I Common~tt, BUILDER SERVICES
ISSUING OFFICE: 2365 Northside Drive, Suite 600, San Diego, CA 92108
November 10, 2021
RREG Investments Series, LLC
Series 1045
5315 Avenida Encinas, Suite 200
Carlsbad, CA 92008
Attn: Cameron St. Clair
Property Address: Ocean View-Carlsbad, Carlsbad, CA
Order No.: 00139818-004-RL 1-
CF2
Seller:
Buyer:
Ocean View -Carlsbad, LLC, a California limited liability company
RREG Investments Series LLC Series 1045, a Delaware limited liability
company
We appreciate this opportunity to serve you. Enclosed please find your Policy of Title Insurance.
Please call us immediately if you have any questions or concerns.
Sincerely,
Chicago Title Company
Escrow Contact:
Marshall-Lamphiere
(619) 233-3000
MARSHALLUNIT@CTT.COM
Title Contact:
Ken Cyr & Mark Franklin
(619) 521-3673
TeamCyrFran klin@ctt.com
@. Chicago Tifle Insurance Company
POLICY NO.: CA-FBSC-IMP-72306-1-21-00139818
OWNER')S POLtCY OF TlTLE. INSURANCE
Issued by
Chicago Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, CHICAGO TITLE INSURANCE COMPANY, a Florida corporation (the
"Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against
loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance
against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged,
notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by
law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed , recorded, or indexed in the Public Records including failure to
perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or
payable, but unpaid.
(c) 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. The term "encroachment"
includes encroachments of existing improvements located on the Land onto adjoining land, and
encroachments onto the Land of existing improvements located on adjoining land.
72306 AL TA Owner's Policy of Title Insurance (6/17 /06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
AMl!KIC"-N
LANDITTU
~kl<;:Wk.ll'li
~
Order No.: 00139818-004-RL 1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention
to enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a
notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to
the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is
recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a
transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting
Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer
under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer
under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its
recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has
been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and
prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in
Schedule A.
The Company will also pay the costs, attorneys' fees , and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by
its duly authorized officers.
Chicago Title Insurance Company
Cou~~-----
By: _.w..Cf _ ___c_ _____ _
Authorized Signature
72306 AL TA Owner's Policy of Title Insurance (6/1 7/06)
-~---
•
By, ~:-Proaknt
AITRST';,r. ~~
~i.:ZNem,u,.
Corporate Secretary
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
A"4fUC.:AN ~
A)l()(UJIOl<I
~
Order No.: 00139818-004-Rl1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
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 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 subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 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 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 Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, 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 policy.
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 Title as shown in Schedule A.
1. DEFINITION OF TERMS
The following terms when used in this
policy mean:
(a) "Amount of Insurance": The amount
stated in Schedule A, as may be increased or
decreased by endorsement to this policy,
increased by Section 8{b), or decreased by
Sections 1 O and 11 of these Conditions.
(b) "Date of Policy": The date designated
as 'Date of Policy' in Schedule A.
(c) "Entity": A corporation, partnership,
trust, limited liability company, or other similar
legal entity.
(d) "Insured': The Insured named In
Schedule A.
(i) The term 'Insured" also includes
(A) successors to the Title of
the Insured by operation of law as distinguished
from purchase, including heirs, devisees,
survivors, personal representatives, or next
of kin;
(B) successors to an Insured by
dissolution, merger, consolidation, distribution,
or reorganization;
(C) successors to an Insured by
its conversion to another kind of Entity:
(D) a grantee of an Insured
under a deed delivered without payment of
actual valuable consideration conveying the Title
(1) if the stock, shares,
memberships, or other equity interests of the
grantee are wholly-owned by the named
Insured,
(2) if the grantee wholly
owns the named Insured,
(3) if the grantee is wholly-
owned by an affiliated Entity of the named
Insured, provided the affiliated Entity and the
CONDITIONS
named Insured are both wholly-owned by the
same person or Entity, or
(4) if the grantee is a
trustee or beneficiary of a trust created by a
written instrument established by the Insured
named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B). (C), and
(D) reserving, however, all rights and defenses
as to any successor that the Company would
have had against any predecessor Insured.
(e) "Insured Claimant': An Insured
claiming loss or damage.
(f) "Knowledge" or "Known": Actual
knowledge, not constructive knowledge or notice
that may be imputed to an Insured by reason of
the Public Records or any other records that
impart constructive notice of matters affecting
the Title.
(g) "Land": The land described in
Schedule A, and affixed improvements that by
law constitute real property. The term "Land"
does not include any property beyond the lines
of the area described in Schedule A, nor any
right, title, interest. estate. or easement in
abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or
limit the extent that a right of access to and from
the land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust,
trust deed. or other security instrument.
including one evidenced by electronic means
authorized by law.
(i) "Public Records": Records established
under state statutes at Date of Policy for the
purpose of Imparting constructive notice of
matters relating to real property to purchasers
for value and without Knowledge. With respect
to Covered Risk 5(d), 'Public Records" shall also
72306 ALTA Owner's Policy of Title Insurance (6/17/06)
Include environmental protection liens filed in the
records of the clerk of the United States District
Court for the district where the Land is located
0) "Title": The estate or interest
described in Schedule A.
(k) "Unmarketable Title": Trtle affected by
an alleged or apparent matter that would permit
a prospective purchaser or lessee of the Trtle or
lender on the Title to be released from the
obligation to purchase, lease, or lend if there is a
contractual condition requiring the delivery of
marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in
force as of Date of Policy in favor of an Insured,
but only so long as the Insured retains an estate
or interest in the Land, or holds an obligation
secured by a purchase money Mortgage given
by a purchaser from the Insured, or only so long
as the Insured shall have liability by reason of
warranties in any transfer or conveyance of the
Title. This policy shall not continue in force in
favor of any purchaser from the Insured of either
(i) an estate or interest in the Land, or (ii) an
obligation secured by a purchase money
Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY
INSURED CLAIMANT
The Insured shall notify the Company
promptly in writing (i) in case of any litigation as
set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured
hereunder of any claim of title or interest that is
adverse to the Title, as insured, and that might
cause loss or damage for which the Company
may be liable by virtue of this policy, or (Iii) if the
Title, as Insured, is rejected as Unmarketable
Title. If the Company is prejudiced by the failure
of the Insured Claimant to provide prompt
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
AMlltl<.:AN ~
ASSOC1A1'W"'
Title Association. ~
Order No.: 00139818-004-RL 1-CF2
notice, the Company's liability to the Insured proceeding, or effecting settlement, and (ii) in
Claimant under the policy shall be reduced to any other lawful act that in the opinion of the
the extent of the prejudice. Company may be necessary or desirable to
4. PROOF OF LOSS establish the Title or any other matter as
In the event the Company is unable to insured. If the Company is prejudiced by the
determine the amount of loss or damage, the failure of the Insured to furnish the required
Company may, at its option, require as a cooperation, the Company's obligations to the
condition of payment that the Insured Claimant Insured under the policy shall terminate,
furnish a signed proof of loss. The proof of loss Including any liability or obligation to defend,
must describe the defect, lien, encumbrance, or prosecute, or continue any litigation, with regard
other matter insured against by this policy that to the matter or matters requiring such
constitutes the basis of loss or damage and shall cooperation.
state, to the extent possible, the basis of (b) The Company may reasonably require
calculating the amount of the loss or damage. the Insured Claimant to submit to examination
5. DEFENSE ANO PROSECUTION OF under oath by any authorized representative of
ACTIONS the Company and to produce for examination,
(a) Upon written request by the Insured, inspection, and copying, at such reasonable
and subject to the options contained in Section 7 times and places as may be designated by the
of these Conditions, the Company, at its own authorized representative of the Company, all
cost and without unreasonable delay, shall records, in whatever medium maintained,
provide for the defense of an Insured in litigation including books, ledgers, checks, memoranda,
in which any third party asserts a claim covered correspondence, reports, e-mails, disks, tapes,
by this policy adverse to the Insured. This and videos whether bearing a date before or
obligation is limited to only those stated causes after Date of Policy, that reasonably pertain to
of action alleging matters insured against by this the loss or damage. Further, if requested by any
policy. The Company shall have the right to authorized representative of the Company, the
select counsel of its choice (subject to the right Insured Claimant shall grant its permission, in
of the Insured to object for reasonable cause) to writing, for any authorized representative of the
represent the Insured as to those stated causes Company to examine, inspect, and copy all of
of action. It shall not be liable for and will not pay these records in the custody or control of a third
the fees of any other counsel. The Company will party that reasonably pertain to the loss or
not pay any fees, costs, or expenses incurred by damage. All information designated as
the Insured in the defense of those causes of confidential by the Insured Claimant provided to
action that allege matters not insured against by the Company pursuant to this Section shall not
this policy. be disclosed to others unless, in the reasonable
(b) The Company shall have the right, in judgment of the Company, ii is necessary in the
addition to the options contained in Section 7 of administration of the claim. Failure of the
these Conditions, at its own cost, to institute and Insured Claimant to submit for examination
prosecute any action or proceeding or to do any under oath, produce any reasonably requested
other act that in its opinion may be necessary or information, or grant permission to secure
desirable to establish the Title, as insured, or to reasonably necessary Information from third
prevent or reduce loss or damage to the parties as required in this subsection, unless
Insured. The Company may take any prohibited by law or governmental regulation,
appropriate action under the terms of this policy, shall terminate any liability of the Company
whether or not it shall be liable to the Insured. under this policy as to that claim.
The exercise of these rights shall not be an 7. OPTIONS TO PAY OR OTHERWISE
admission of liability or waiver of any provision SETTLE CLAIMS; TERMINATION OF
of this policy. If the Company exercises its rights LIABILITY
under this subsection, it must do so diligently. In case of a claim under this policy, the
(c) Whenever the Company brings an Company shall have the following additional
action or asserts a defense as required or options:
permitted by this policy, the Company may (a) To Pay or Tender Payment of the
pursue the litigation to a final determination by a Amount of Insurance.
court of competent jurisdiction. and it expressly To pay or tender payment of the Amount of
reserves the right, in its sole discretion, to Insurance under this policy together with any
appeal from any adverse judgment or order. costs, attorneys' fees, and expenses Incurred by
6. DUTY OF INSURED CLAIMANT TO the Insured Claimant that were authorized by the
COOPERATE Company up to the time of payment or tender of
(a) In all cases where this policy permits payment and that the Company is obligated to
or requires the Company to prosecute or provide pay.
for the defense of any action or proceeding and Upon the exercise by the Company of this
any appeals, the Insured shall secure to the option, all liability and obligations of the
Company the right to so prosecute or provide Company to the Insured under this policy, other
defense in the action or proceeding, including than to make the payment required in this
the right to use, at Its option. the name of the subsection, shall terminate. including any liability
Insured for this purpose. Whenever requested or obligation to defend, prosecute, or continue
by the Company, the Insured, at the Company's any litigation.
expense, shall give the Company all reasonable (b) To Pay or Otherwise Settle With
aid (i) In securing evidence, obtaining witnesses, Parties Other Than the Insured or With the
prosecuting or defending the action or Insured Claimant.
72306 ALTA Owner's Policy ofTitle Insurance (6/17/06)
Policy No.: CA-FBSC-IMP-72306-1-21-00139818
(i) To pay or otherwise settle with
other parties for or in the name of an Insured
Claimant any claim insured against under this
policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the
Company up to the time of payment and that the
Company is obligated to pay: or
(Ii) To pay or otherwise settle with
the Insured Claimant the loss or damage
provided for under this policy, together with any
costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the
Company up to the time of payment and that the
Company Is obligated to pay.
Upon the exercise by the Company of
either of the options provided for in subsections
(b)(i) or (ii), the Company's obligations to the
Insured under this policy for the claimed loss or
damage, other than the payments required to be
made, shall terminate, including any liability or
obligation to defend, prosecute. or continue any
litigation.
8. DETERMINATION AND EXTENT OF
LIABILITY
This policy is a contract of indemnity
against actual monetary loss or damage
sustained or incurred by the Insured Claimant
who has suffered loss or damage by reason of
matters insured against by this policy.
(a) The extent of liability of the Company
for loss or damage under this policy shall not
exceedthelesserof
(i) the Amount of Insurance: or
(ii) the difference between the value
of the Title as insured and the value of the Title
subject to the risk insured against by this policy.
(b) If the Company pursues its rights
under Section 5 of these Conditions and is
unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be
increased by 10%, and
(ii) the Insured Claimant shall have
the right to have the loss or damage determined
either as of the date the claim was made by the
Insured Claimant or as of the date it is settled
and paid.
(c) In addition to the extent of liability
under (a) and (b), the Company will also pay
those costs, attorneys' fees, and expenses
incurred in accordance with Sections 5 and 7 of
these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title,
or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of
access to or from the Land, or cures the claim of
Unmarketable Title, all as insured, in a
reasonably diligent manner by any method,
including litigation and the completion of any
appeals, it shall have fully performed its
obligations with respect to that matter and shall
not be liable for any loss or damage caused to
the Insured.
(b) In the event of any litigation, including
litigation by the Company or with the Company's
consent, the Company shall have no liability for
loss or damage until there has been a final
determination by a court of competent
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
A"4lRICAN
w«>Tini
..uSOCIArw"'
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Order No.: 00139818-004-RL 1-CF2
jurisdiction, and disposition of all appeals,
adverse to the Title, as insured.
(c) The Company shall not be liable for
loss or damage to the Insured for liability
voluntarily assumed by the Insured in settling
any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE;
REDUCTION OR TERMINATION OF
LIABILITY
All payments under this policy, except
payments made for costs, attorneys' fees, and
expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced
by any amount the Company pays under any
policy insuring a Mortgage to which exception Is
taken In Schedule B or to which the Insured has
agreed, assumed, or taken subject, or which is
executed by an Insured after Date of Policy and
which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to
the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or
damage have been definitely fixed In
accordance with these Conditions, the payment
shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON
PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have
settled and paid a claim under this policy, it shall
be subrogated and entitled to the rights of the
Insured Claimant in the Title and all other rights
and remedies In respect to the claim that the
Insured Claimant has against any person or
property, to the extent of the amount of any loss,
costs, attorneys' fees, and expenses paid by the
Company. If requested by the Company, the
Insured Claimant shall execute documents to
evidence the transfer to the Company of these
rights and remedies. The Insured Claimant shall
permit the Company to sue, compromise, or
settle in the name of the Insured Claimant and to
use the name of the Insured Claimant in any
transaction or litigation involving these rights and
remedies.
If a payment on account of a claim does not
fully cover the loss of the Insured Claimant, the
Company shall defer the exercise of its right to
recover until after the Insured Claimant shall
have recovered its loss.
(b) The Company's right of subrogation
includes the rights of the Insured to indemnities,
guaranties, other policies of insurance. or bonds,
notwithstanding any terms or conditions
contained in those instruments that address
subrogation rights.
14. ARBITRATION
Either the Company or the Insured may
demand that the claim or controversy shall be
submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American
Land Title Association ("Rules"). Except as
provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of
other persons. Arbitrable matters may include,
but are not limited to, any controversy or claim
between the Company and the Insured arising
out of or relating to this policy, any service in
connection with its issuance or the breach of a
policy provision, or to any other controversy or
claim arising out of the transaction giving rise to
this policy. All arbltrable matters when the
Amount of Insurance Is $2,000,000 or less shall
be arbitrated at the option of either the Company
or the Insured. All arbitrable matters when the
Amount of Insurance is In excess of $2,000,000
shall be arbitrated only when agreed to by both
the Company and the Insured. Arbitration
pursuant to this policy and under the Rules shall
be binding upon the parties. Judgment upon the
award rendered by the Arbitrator(s) may be
entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT
(a) This policy together with all
endorsements, if any, attached to it by the
Company is the entire policy and contract
between the Insured and the Company. In
Interpreting any provision of this policy, this
policy shall be construed as a whole.
(b) Any claim of loss or damage that
arises out of the status of the Title or by any
action asserting such claim shall be restricted to
this policy.
72306 ALTA Owner's Policy of Title Insurance (6/17/06)
Policy No : CA-FBSC-IMP-72306-1-21-00139818
(c) Any amendment of or endorsement to
this policy must be in writing and authenticated
by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy
issued at any time is made a part of this policy
and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it
does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or
(Iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in
whole or in part, is held invalid or unenforceable
under applicable law, the policy shall be deemed
not to include that provision or such part held to
be invalid, but all other provisions shall remain in
full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured
acknowledges the Company has underwritten
the risks covered by this policy and determined
the premium charged therefor in reliance upon
the law affecting interests in real property and
applicable to the interpretation, rights, remedies,
or enforcement of policies of title insurance of
the jurisdiction where the Land Is located.
Therefore, the court or an arbitrator shall
apply the law of the jurisdiction where the Land
is located to determine the validity of claims
against the Title that are adverse to the Insured
and to interpret and enforce the terms of this
policy. In neither case shall the court or
arbitrator apply Its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum: Any litigation or
other proceeding brought by the Insured against
the Company must be filed only in a state or
federal court within the United States of America
or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or
statement in writing required to be given to the
Company under this policy must be given to the
Company at Chicago Title Insurance Company,
Attn: Claims Department. Post Office Box
45023, Jacksonville, Florida 32232-5023.
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
A,lr,(Utlt,;AN
LANDTini
.UWC;.Wl(JJ,;
~
Order No.: 00139818-004-RL 1-CF2 Policy No.: CA-FBSC-IMP-72306·1-21-00139818
Chicago Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company: Chicago Title Company, 2365 Northside Drive, Suite 600,
San Diego, CA 92108
Policy No.: CA-FBSC-IMP-72306-1-21-00139818 Order No.: 00139818-004-RL 1-CF2
Address Reference: Ocean View-Carlsbad, Carlsbad, CA
Amount of Insurance: $5,775,000.00 Premium: $4,909.00
Date of Policy: November 2, 2021 at 3:01 pm
1. Name of Insured:
RREG Investments Series LLC Series 1045, a Delaware limited liability company
2. The estate or interest in the Land that is insured by this policy is:
A FEE
3. Title is vested in:
RREG Investments Series LLC Series 1045, a Delaware limited liability company
4. The Land referred to in this policy is described as follows:
See Exhibit A attached hereto and made a part hereof.
THIS POLICY VALID ONLY IF SCHEDULE BIS ATTACHED
72306 ALTA Owner's Policy of Title Insurance (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use. Ail other uses are prohibited. Reprinted under license from the American Land
Title Association.
Pait 1
AMUI.ICAM ~
1,.))0(:WMJ,..
~
Order No.: 00139818-004-RL 1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 1 THROUGH 7, INCLUSIVE, OF CITY OF CARLSBAD TRACT NO. CT 02-06, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
16265, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 27, 2018.
APN: 212-272-01 THRU -07
72306 AL TA Owner's Policy of Title Insurance (6/17/06)
Copyright American Land Title Association. Ali rights reserved. The use of this Form is restricted to AL TA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Pajt 2
AMUICAN ~
.uiot.LAnu,.
-f;-
Order No.: 00139818-004-RL1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or
expenses that arise by reason of:
A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as
follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
212-272-01-00
2021-2022
$2,809.25, paid
$2,809.25, unpaid (Delinquent after April 10)
$290.92
$0.00
09155
B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as
follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
212-272-02-00
2021-2022
$2,704.57, paid
$2,704.57, unpaid (Delinquent after April 10)
$280.45
$0.00
09155
C. Property taxes, including any personal property taxes and any assessments collected with taxes, are as
follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment:
Penalty and Cost
Homeowners Exemption:
Code Area:
212-272-03-00
2021-2022
$2,701 .88, paid
$2,701 .88, unpaid (Delinquent after April 10)
$280.18
$0.00
09155
D. Property taxes, including any personal property taxes and any assessments collected with taxes, are as
follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
2nd Installment
Penalty and Cost:
Homeowners Exemption:
Code Area:
212-272-04-00
2021-2022
$2,380.07, paid
$2,380.07, unpaid (Delinquent after April 10)
$248.00
$0.00
09155
72306 AL TA Owner's Policy of Title Insurance (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Paje3
AMtlll(;.A.N
LAND TITU
.u,o<;~rt(.),t
-f;'-
Order No : 00139818-004-RL 1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
SCHEDULE 8
(Continued)
E. Property taxes, including any personal property taxes and any assessments collected with taxes, are as
follows:
Tax Identification No.:
Fiscal Year:
1st Installment:
Penalty:
2nd Installment:
Penalty and Cost:
Homeowners Exemption:
Code Area:
212-272-05-00
2021-2022
$2,379.75, paid
$237.97
$2,379.75, unpaid (Delinquent after April 10)
$247.97
$0.00
09155
Note: Lots 6 and 7 not assessed.
F. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District
(CFO) as follows:
CFO No:
For:
Disclosed by:
Recording Date:
Recording No.:
1
Public Capital Facilities
Notice of Special Tax Lien
May 20, 1991
1991-0236959 of Official Records
This property, along with all other parcels in the CFO, is liable for an annual special tax. This special tax is
included with and payable with the general property taxes of the City of Carlsbad, County of San Diego.
The tax may not be prepaid.
G. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4,
respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title
to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring
prior to Date of Policy.
1. Matters contained in that certain document
Entitled:
Executed by:
Recording Date:
Recording No:
Agreement Regarding Water Pipe lines
W.O. Cannon, Paul Ecke, Magdalena Ecke, Irwin Kelly, Dorothy Kelly and
Lavinia I .. Kelly
March 20, 1956
Book 6024, page 418 of Official Records
Reference is hereby made to said document for full particulars.
2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
J. Blair Pace, S.L. Kelly and Title Insurance and Trust Company
Road and utility purposes
October 3, 1963
177051 of Official Records
Said land
The exact location and extent of said easement is not disclosed of record.
72306 AL TA owner's Policy of Title Insurance (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Paje4
"MLIUCAN ~
.UKKIATIU>'
~
Order No.: 00139818-004-RL 1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
SCHEDULE B
(Continued)
3. Matters contained in that certain document
Entitled: Agreement and Mutual Easement Deed
Executed by:
Recording Date:
Howard G. Kirgis, Ida 8. Kirgis and Title Insurance and Trust Company, et al
March 26 , 1964
Recording No: 55458 of Official Records
Reference is hereby made to said document for full particulars.
The exact location and extent of said easement is not disclosed of record.
4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Affects:
Agraria Investment Corporation, et al
Water supply pipeline and public utilities and incidental purposes
October 18, 1965
189244 of Official Records
Said land
The exact location and extent of said easement is not disclosed of record.
5. Matters contained in that certain document
Entitled: Agreement Between Developer and City of Carlsbad for the Payment of Public
Facilities Fee
Recording Date: May 2, 1984
Recording No: 84-162084 of Official Records
Reference is hereby made to said document for full particulars.
6. Intentionally omitted.
7. Intentionally omitted.
8. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tracUplat;
Purpose: General utility and access purposes
Affects: Lots 3, 4, 5 and 6 as shown on Map No. 16265
Purpose: Open space purposes
Affects: Lot 7 as shown on Map No. 16265
9. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for
dedication, on the map of said tracUplat;
Purpose: Private drainage purposes over Lot 2 for the benefit of Lot 6 as shown on Map
No. 16265
10. Provisions, herein recited, of the dedication statement on the
Map of: Tract No. 16265
72306 ALTA Owner's Policy of Title Insurance (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Pajt 5
AMlM.1<.:AN LMiDiiill
.uSOCIAno11
-f;-
Order No.: 00139818-004-RL 1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
Provisions:
Affects:
11. A Notice
Entitled:
Recording Date:
Recording No:
SCHEDULE B
(Continued)
Irrevocable offer for dedication of an easement for trail purposes
Lot 7 as shown on Map No. 16265
Notice of Restriction on Real Property
March 2, 2018
2018-0083766 of Official Records
Reference is hereby made to said document for full particulars.
12. A Notice
Entitled:
Recording Date:
Recording No:
Notice and Waiver Concerning Aircraft Environmental Impacts
Case No. CT 02-06
March 2, 2018
2018-0083768 of Official Records
Reference is hereby made to said document for full particulars.
13. Matters contained in that certain document
Entitled:
Recording Date:
Recording No:
Hold Harmless Agreement Geological Failure
March 7, 2018
2018-0089151 of Official Records
Reference is hereby made to said document for full particulars.
14. Matters contained in that certain document
Entitled:
Recording Date:
Recording No:
Hold Harmless Agreement Drainage
March 7, 2018
2018-0089152 of Official Records
Reference is hereby made to said document for full particulars.
15. Matters contained in that certain document
Entitled:
Recording Date:
Recording No:
Notice of Restriction on Real Property
March 23, 2018
2018-0116334 of Official Records
Reference is hereby made to said document for full particulars.
16. Water rights, claims or title to water, whether or not disclosed by the public records.
17. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a
correct survey would disclose, and which are not shown by the public records.
18. Intentionally omitted.
72306 AL TA Owner's Policy ofTitle Insurance (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Paae 6
AMllll<.:AN LANOTiru
.USOC:l,\TIOff
~
Order No.: 00139818-004-RL 1-CF2 Policy No.: CA-FBSC-IMP-72306-1-21-00139818
19. A Notice
Entitled:
Executed by:
Recording Date:
Recording No:
SCHEDULE B
(Continued)
Notice of Restriction on Real Property
Gayl Hynek, and the City of Carlsbad
December 2, 2020
2020-0769411 of Official Records
Reference is hereby made to said document for full particulars.
20. Intentionally omitted.
21 . A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Dated:
$3,450,000.00
October 22, 2021
Trustor/Grantor RREG INVESTMENTS SERIES LC, SERIES 1045, a Delaware limited liability
company
Trustee:
Beneficiary:
Loan No.:
Recording Date:
Recording No:
MTC Financial Inc. DBA Trustee Corps
First Foundation Bank
50002100
November 2, 2021
2021-0762974 of Official Records
72306 ALTA Owner's Policy of Title Insurance (6/17/06)
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Paie 7
A-,,lKf(;AN
LAN_!? TITLE
AlJOtlAflU"
~
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA 15-02/ ZC 15-03/ LCPA 15-05/ CT 15-07/ PUD 15-15/ CDP 15-53/ HOP 15-03/ HMP 15-05
Project Name: Ocean View Point
EXHIBIT D -EASEMENT PLOT EXHIBIT
20 CA 02/04/13
EXHIBIT "D"
RESTRICTED PROPERTY
--~ t J \ ~ -.../4 y < /.-
!_ PL --7 /, /
/1/
I r ,::RTRNL
ESMTPER f MAP 16265
I
I
LOT l
(OPEN SPACE)
PL
LOT1
LOTZ
LOT l
(OPEN SPACE)
LOT7
(OPEN SPACE)
PUB.STREET
AND UTIL ESMT
PER MAP 16265
\
\
\
\ \~
\
\
-y-- - - - - -J - -
PL PL
No. 80356
:p. 12/31 /
PLAN VIEW -RESTRICTED PROPERTY
SCALE: 1" = 200' HORIZONTAL
SCALE: 1''=200' --~· ----200 0 200
PASCO LAREY SUITER
& ASSOC~ATES
San OM¥) I Encinitas I Oranee County
Phone 858.259.82121 www.plsaenglneerlng.com
Assessor's Parcel Number: 212-272-07-00
Project Numbers: GPA I 5-02/ ZC 15-03/ LCPA I 5-05/ CT 15-07/ PUD 15-15/ CDP I 5-53/ HOP 15-03/ HMP I 5-05
Project Name: Ocean View Point
EXHIBIT E -MITIGATIQN_pLAN
21 CA 02/04/13
FINAL
Conceptual Restoration Plan
Ocean View Pointe Project
JULY2023
Prepared for:
RINCON HOMES
5315 Avenida Encinas, Suite 200
Carlsbad, California 92008
Contact: Cameron St. Clair
DUDEK.COM
Prepared by:
DUDEK
605 Third Street
Encinitas, California 92024
Contact: Lindsy Mobley
Printed on 30% post-consumer recycled material.
Table of Contents
SECTION PAGE NO.
Acronyms and Abbreviations ............................................................................................................................................ iii
1 Introduction .......................................................................................................................................................... 1
1.1 Project Location ...................................................................................................................................... 2
1.2 Regulatory Context ................................................................................................................................. 2
1.3 Project Impacts and Mitigation .............................................................................................................. 3
1.3.1 Restoration Goals and Objectives ............................................................................................ 3
1.3.2 Proposed Mitigation .................................................................................................................. 4
2 Existing Conditions ............................................................................................................................................... 5
2.1 Ocean View Pointe .................................................................................................................................. 5
2.1.1 Vegetation ................................................................................................................................. 5
2.1.2 Soils ........................................................................................................................................... 7
2.1.3 Special-Status Plants ................................................................................................................ 7
2.1.4 Special-Status Wildlife .............................................................................................................. 8
2.2 Emerald Pointe ...................................................................................................................................... 8
2.2.1 Vegetation ................................................................................................................................. 8
2.2.2 Soils ........................................................................................................................................... 9
2.3 Quarry Creek ........................................................................................................................................... 9
2.3.1 Vegetation ................................................................................................................................. 9
2.3.2 Soils ........................................................................................................................................ 10
3 Restoration Work Plan ...................................................................................................................................... 11
3.1 Project Implementation Personnel ..................................................................................................... 11
3.1.1 Permittee/Project Manager .................................................................................................. 11
3.1.2 Project Biologist ..................................................................................................................... 11
3.1.3 Restoration Contractor .......................................................................................................... 12
3.2 Project Schedule .................................................................................................................................. 12
3.3 Implementation Plan ........................................................................................................................... 13
3.3.1 Site Preparation at Ocean View Pointe ................................................................................. 13
3.3.2 Erosion Control ....................................................................................................................... 14
3.3.3 Initial Weed Control ............................................................................................................... 14
3.3.4 Irrigation System Installation ................................................................................................ 15
3.3.5 Fencing and Barriers ............................................................................................................. 16
3.3.6 Recommended Plant Palettes and Seed Mixes ................................................................... 16
4 Maintenance Program ...................................................................................................................................... 23
4.1 Maintenance Schedule ....................................................................................................................... 23
4.2 Non-Native and Invasive Species Removal and Pest Management ............................................... 24
DUDEK 13685
JULY 2023
OCEAN VIEW POINTE PROJECT/ CONCEPTUAL RESTORATION PLAN
4.3 Pest Management ............................................................................................................................... 25
4.4 Irrigation Maintenance ........................................................................................................................ 26
4.5 Trash and Debris Removal.. ................................................................................................................ 26
4.6 General Site Maintenance .................................................................................................................. 27
5 Monitoring Program .......................................................................................................................................... 29
5.1 Monitoring Methods ............................................................................................................................ 29
5.1.1 Qualitative Monitoring ........................................................................................................... 29
5.1.2 Quantitative Monitoring ......................................................................................................... 29
5.2 Performance Standards ...................................................................................................................... 31
5.3 Annual Monitoring Reports ................................................................................................................. 32
6 Project Completion ............................................................................................................................................ 33
6.1 Notification of Completion .................................................................................................................. 33
6.2 Agency Confirmation ........................................................................................................................... 33
6.3 Contingency Measures ........................................................................................................................ 33
6.4 Adaptive Management Plan ................................................................................................................ 33
6.5 Long-Term Site Protection and Management.. .................................................................................. 34
7 References ........................................................................................................................................................ 35
TABLES
1 Ocean View Pointe Impacts and Proposed Mitigation ...................................................................................... .4
2 Vegetation and Land Covers at Ocean View Pointe Preserve ........................................................................... 5
3 Vegetation Communities and Land Covers at Emerald Pointe Preserve .......................................................... 8
4 Vegetation Comm unities and Land Covers at Quarry Creek ............................................................................. 9
5 Preliminary Mitigation Implementation Schedule ........................................................................................... 13
6 Ocean View Pointe Diegan Coasta l Sage Scrub Creation and Restoration Plant Palette (0.89 acres) ....... 17
7 Emerald Pointe Diegan Coastal Sage Scrub Creation and Plant Palette (0.87 acres) ................................ 18
8 Quarry Creek Diegan Coastal Sage Scrub Creation and Plant Palette (6.50 acres) .................................... 19
9 Performance Standards for Creation and Restoration Mitigation Areas ....................................................... 31
FIGURES
1 Project Location ................................................................................................................................................ 3 7
2 Regulatory Context ............................................................................................................................................ 39
3a Biological Resource Impacts and Existing Conditions ................................................................................... 41
3b Biological Resource Impacts and Existing Conditions .................................................................................... 43
3c Biological Resource Impacts and Existing Conditions .................................................................................... 45
4a Mitigation Plan .................................................................................................................................................. 4 7
4b Mitigation Plan .................................................................................................................................................. 49
4c Mitigation Plan .................................................................................................................................................. 51
DUDEK 13685
JULY 2023 ii
Acronyms and Abbreviations
Acronym/ Abbreviation
Carlsbad HMP
CCC
CEQA
City
Emerald Pointe
LFMZ
MHCP
Applicant
PEP
Plan
PMP
Project
Quarry Creek
Creation
SDHC
Wildlife Agencies
DUDEK
Definition
Carlsbad Habitat Management Plan
California Coastal Commission
California Environmental Quality Act
City of Carlsbad
Emerald Pointe Open Space Preserve
Local Facilities Management Zone
Multiple Habitat Conservation Program
Rincon Homes
12O-day plant establishment period
Habitat Restoration Plan
Preserve Management Plan
Ocean View Pointe Project
Quarry Creek Preserve
habitat creation/substantial restoration
San Diego Habitat Conservancy
California Department of Fish and Wildlife and U.S. Fish and Wildlife Service
13685
JULY 2023 iii
OCEAN VIEW POINTE PROJECT/ CONCEPTUAL RESTORATION PLAN
INTENTIONALLY LEFT BLANK
DUDEK 13685
JULY 2023 iv
1 Introduction
This Habitat Restoration Plan (Plan) outlines the restoration strategy for the Ocean View Pointe Project (Project) to
fulfill the mitigation requirements identified in the Mitigated Negative Declaration approved by the City of Carlsbad
(City) on June 19, 2019. This Plan has been developed in accordance with the California Coastal Act, City of
Carlsbad Habitat Management Plan (Carlsbad HMP), U.S. Endangered Species Act, California Endangered Species
Act, and California Environmental Quality Act (CEQA). As a result of impacts to Diegan coastal sage scrub and the
Project's location in the Coastal Zone, mitigation in the form of habitat restoration is required.
The Project is located within the City of Carlsbad in northwestern San Diego County. The Carlsbad HMP serves as the
City's Subarea Plan under the North County Multiple Habitat Conservation Program (MHCP) (City of Carlsbad 2004).
In order to fulfill the requirement for 2:1 mitigation (including at least 1:1 creation or substantial restoration) for
impacts to Diegan coastal sage scrub resulting from the Project, a combination of on-site (Ocean View Pointe) and off-
site (Emerald Pointe Preserve [Emerald Pointe] and Quarry Creek Preserve [Quarry Creek]) restoration is proposed.
Restoration would be completed in substantial conformance with the Carlsbad HMP and current City guidelines for
habitat restoration and long-term preserve management, and in coordination with the City, California Coastal
Commission (CCC), the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife (collectively
referred to as Wildlife Agencies).
The Project includes the creation of a 15-lot subdivision with 13 single-family residential lots (each at a minimum
of 8,000 square feet), one private street lot, one water quality basin lot, and one Carlsbad HMP open space lot. Of
the 21.87-acre property, the total development disturbance area is 4.58 acres, including 4.13 acres of Diegan
coastal sage scrub impacts (3.99 acres of Diegan coastal sage scrub and 0.14 acres of disturbed Diegan coastal
sage scrub). Project-related impacts that did not feature native habitat are not subject to native habitat restoration,
pursuant to the Carlsbad HMP, and are not addressed in this Plan. Diegan coastal sage scrub is considered an
Environmentally Sensitive Habitat Area by the California Coastal Act (Section 30107.5). Per the Carlsbad HMP,
mitigation at a 2:1 ratio, including no net loss of habitat, is required for Diegan coastal sage scrub that is
permanently impacted as a result of Project activities (City of Carlsbad 2019). In order to fulfill the requirement,
both on-site and off-site mitigation is proposed through a combination of creation/substantial restoration (creation)
and restoration. Mitigation is proposed to occur on site within the Ocean View Pointe site and off site at Emerald
Pointe and Quarry Creek.
This Plan provides an outline of methodologies associated with native habitat restoration for the three mitigation
areas, (one on-site mitigation area and two off-site areas). Rincon Homes is the Applicant and current owner of the
Ocean View Pointe Property. The San Diego Habitat Conservancy (SDHC) is the land manager of Emerald Pointe
and Quarry Creek. Preserve Management Plans (PMPs), as well as a Restrictive Covenant., have already been
secured for the Emerald Pointe and Quarry Creek mitigation sites as a result of their ongoing tenure and
management. Pursuant to the HMP, the following requirements will be met for the Ocean View Pointe open space
lot prior to City issuance of a grading permit: recorded restrictive covenant, approved preserve management plan,
and agreement with a qualified land manager. This Plan details existing site conditions, restoration
implementation/installation, the 5-year maintenance and monitoring program, and project completion for the three
mitigation areas.
DUDEK 13685
JULY 2023
OCEAN VIEW POINTE PROJECT/ CONCEPTUAL RESTORATION PLAN
The remainder of this document may be requested from City of Carlsbad
DUDEK 13685
JULY 2023