Loading...
HomeMy WebLinkAboutMS 09-04; DOS COLINAS RV STORAGE SITE; CONDITIONAL LETTER OF MAP REVISION BASED ON FILL; 2015-03-13I I CONDITIONAL LETTER OF MAP REVISION BASED ON FILL RV STORAGE SITE AGUA HEDIONDA CREEK IflE ENGINEERING CtVt ENGINEERINGHYDROLOGY • HYDRAULICS P.O. Box 4296 San Rafael, CA 94913 (415) 497-2717 RECEIVED MARCH 2015 MAR 132015 WJIrl sJsàj o-O9 Etv\flP 0(o) TABLE OF CONTENTS SECTION PROJECT NARRATIVE MT-1 FORM 1: PROPERTY INFORMATION FORM ESA COMPLIANCE LETTER METES AND BOUNDS DESCRIPTION AND MAP EFFECTIVE FIRM WITH PROPERTY LOCATION SUBDIVISION PLAT MAP PROPERTY DEED MT-1 FORM 2: ELEVATION FORM MT-1 FORM 3: COMMUNITY ACKNOWLEDGMENT OF FILL & ELEVATION FORM PROJECT PLANS SECTION A This narrative describes key assumptions in the preparation of this Conditional Letter of Map Revision Based on Fill (CLOMR-F) for the proposed RV Storage Site located in the Agua Hedionda Creek floodplain fringe within the City of Carlsbad, San Diego County, CA (see Vicinity Map). The proposed project lies within a FEMA-mapped Zone AE floodplain and this CLOMR-F is required to assess potential impacts to the 100-year floodplain limits from a proposed RV Storage Site. The site lies in a backwater area along the right overbank immediately downstream of Section L shown on the effective FEMA FIRM 06073C0768GG (Map Revised May 16, 2012). A copy of the FEMA FIRM is included under Section E. Topography Topography prepared by Photo Geodetic dated October 27, 2005 was used as the base mapping for the proposed site design. This topography was based on a horizontal datum of NAD83 and a vertical datum of NGVD29. The following program was used to determine the vertical conversion between NGVD29 and NAVD88: VERTCON for Google Earth (VERGE ) is a component of Earth 5urvioq Land Surveying Research Tools © 2007-2015 Metzaer + NIII'd. Inc. 8600 Hidden River Parkway, Ste 550 Tampa, Florida 33637-1033 Telephone 813-977-6005 Portions © 2015 Torn Davis Portions © 2015 Rollins Turner For illustration only. User to verify all information. Last Revision: 01/19/15. Based on this program, the conversion between the two vertical datums is 2.23 feet. The effective FEMA FIRM (May 16, 2012) show an elevation of 63 feet NAVD 88 at the project location. This elevation converts to 60.77 feet NGVD 29. Site Characteristics The existing site has been disturbed in the past and primarily consists of loose dirt with very little vegetative cover. Existing mobile homes estates lie to the west, tennis courts lie to the north, and agricultural fields lie to the south and east. The proposed project lies in a backwater area well outside the floodway and effective flow limits of the 100-year flood. Because of this, the proposed fill will have no impact to 100-year water surface elevations or velocities. 1 SECTION B DEPARTMENT OF HOMELAND SECURITY OMB NO. 1660-0015 Federal Emergency Management Agency Expiration: September 30, 2017 PROPERTY INFORMATION FORM PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 1.63 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form. You are not required to respond to this collection of information unless a valid OMB control number appears in the upper right corner of this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C St, SW Washington DC 20472-3100. Paperwork Reduction Project (1660-0015). Submission of the form is required to obtain or retain benefits under the National Flood Insurance Program. Please do not send your completed survey to the above address. PRIVACY ACT STATEMENT AUTHORITY: The National Flood Insurance Act of 1968, Public Law 90-448, as amended by the Flood Disaster Protection Act of 1973, Public Law 93-234. PRINCIPAL PURPOSE(S): This information is being collected for the purpose of determining an applicant's eligibility to request changes to National Flood Insurance Program (NFIP) Flood Insurance Rate Maps (FIRM). ROUTINE USE(S): The information on this form maybe disclosed as generally permitted under 5 U.S.0 § 552açb) of the Privacy Act of 1974, as amended. This includes using this information as necessary and authorized by the routine uses in DHS/FEMAINFIP/LOMA-1 published National Flood Insurance Program (NFIP); Letter of Map Amendment (LOMA) February 15, 2006, 71 FR 7990. DISCLOSURE: The disclosure of information on this form is voluntary; however, failure to provide the information requested may delay or prevent FEMA from processing a determination regarding a requested change to a (NFIP) Flood Insurance Rate Maps (FIRM). This form may be completed by the property owner, property owner's agent, licensed land surveyor, or registered professional engineer to support a request for a Letter of Map Amendment (LOMA), Conditional Letter of Map Amendment (CLOMA), Letter of Map Revision Based on Fill (LOMR-F), or Conditional Letter of Map Revision Based on Fill (CLOMR-F) for existing or proposed, single or multiple lots! structures. In order to process our request, all information on this form must be completed in its entirety, unless stated as optional. Incomplete submission will result in processing delays. Please check the item below that describes your request. D LOMA A letter from FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood. D CLOMA A letter from FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed. LJLOMR F A letter from FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. A letter from FEMA stating that a parcel or land or proposed structure that will be elevated by fill would not IiICLOMR-F be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. Fill is defined as material from any source placed to raise the ground to or above the Base Flood Elevation (BFE). The common construction practice of removing unsuitable existing material (topsoil) and backfill with select structural material is not considered the placement of fill if the practice does not alter the existing (natural grade) elevation, which is at or above the BFE. Fill that is placed before the date of the first National Flood Insurance Program (NFIP) map showing the area in a Special Flood Hazard Area (SFHA) is not considered natural grade. Has fill been placed on your property? Dyes ElNo If yes, when was fill placed? Month Year______ Will fill be placed on your property? liVes DNo If yes, when will fill be placed? Month07 Year 2015 * If yes, Endangered Species Act (ESA) compliance must be documented to FEMA prior to issuance of the CLOMR-F determination (please refer page 4 to the MT-1 instructions Page 1 of 3 FEMA Form 086-0-26 (9/14) DEPARTMENT OF HOMELAND SECURITY OMB NO. 1660-0015 Federal Emergency Management Agency Expiration: September 30, 2017 PROPERTY INFORMATION FORM Street address of the Property (if requested request is for multiple structures or units please attach additional sheet referencing eat reference each address and enter street names before): APN 209-060-070, Carlsbad, CA 92011 Legal description of Property (lot, Block, Subdivision or abbreviated description from the Deed): PARCEL B OF CERTIFICATION OF COMPLIANCE RECORDED 9/13107 AS OF DOC 2007-06031100 O.R. OF SAN DIEGO COUNTY, CA Are you requesting that the flood zone determination be complete for (check one): on the property? What are the dates of construction? MM/YYYY 07/2015 portion of land within the bounds of the property (a certified metes and bounds and map of the area to be removed, certified by a licensed land surveyor or registered professional engineer, are required)? []The entire legally recorded property? Is this request for a (Check one): IEJSingle structure lot structures How many structures are involved in your request? List the number:___________________ lots (How many Lots are involved in your request? List the number:_______________________ In addition to this form (MT-1 Form I), please complete the checklist below. ALL requests must include one copy of the following: tilCopy of the effective FIRM panel on which the structure and/or property location has been accurately plotted (property inadvertently located in the NFIP regulatory floodway will require Section B of MIT-1 Form OCopy of the Subdivision Plat Map for the property (with recordation data and stamp of the Recorder's Office) iCopy of the Property Deed (with recordation data and stamp of the Recorder's Office). accomplished by a tax assessor's map or other certified map showing the surveyed location of the property relative to local street and watercourses. The map should include at least one street intersection that is shown on the FRIM panel. iForm 2 - Elevation Form. If the request is to remove the structure, and an Elevation Certificate has already been completed for this property, it may be submitted in lieu of Form 2. If the request is to remove the entire legally recorded property, or a portion thereof, the lowest lot elevation must be provided on Form 2. I IliPlease include a map scale and North arrow on all maps submitted. LOMR-Fs and CLOMR-Fs, the following must be submitted in addition to the items listed above: 3 - Community Acknowledgment Form CLOMR-Fs, the following must be submitted in addition to the items listed above: cessing Fee (See instructions for appropriate mailing address for fee submittal; visit www.fema.gov/mitltsd/frm_fees.htm for most current fee schedule) Revised fee schedules are published periodically, but no more than once annually, as noted in the Federal Register. Please note: single/multiple lot(s)/structure(s) LOMAs are free exempt. The current review and processing fees are listed below: Check the fee that applies to your request: 11$325 (single lot/structure LOMR-F following a CLOMR- F) fl$425 (single lot/structure LOMR-F) 111$500 (single lot/structure CLOMA-F, CLOMR-F) D$700 (multiple lot/structure LOMR-F, following a CLOMR-F, or multiple lot/structure CLOMA) D$800 (multiple lot/structure LOMR-F, or CLOMR-F) Page 2 of 3 FEMA Form 086-0-26 (9/14) DEPARTMENT OF HOMELAND SECURITY OMB NO. 1660-0015 Federal Emergency Management Agency Expiration: September 30, 2017 PROPERTY INFORMATION FORM Please submit the Payment Information Form for remittance of applicable fees. Please make your check or money order payable to: National Flood Insurance Program. All documents submitted in support of this request are correct to the best of my. knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001. Print or Type Applicant's Name: Scott Lyle Company:Lyle Engineering, Inc. Address:P.O. Box 4296, San Rafael, CA 94913 Fax: of Applicant (required) *-2. L+- Date: 3/1/2015 Address: scottrlyle@gmail.com - you have any questions concerning FEMA policy, or the NFIP in general, please contact the FEMA Map Assistance Center toll e at 1-877-FEMA MAP (1-877-336-2627) or visit the Flood Hazard Mapping website at www.fema.gov/mit/tsd. Page 3 of 3 FEMA Form 086-0-26 (9/14) ESA COMPLIANCE LETTER - Original message -------- From: "Stuckrath, Janet" <janet_stuckrathfws.gov> Date:02/23/2015 13:32 (GMT-08:00) To: Greg Mason <gmasonaldenenv.com> Subject: RV Storage Location CLOMIR FWS-SDG- 10B0054- 15TA02 18 Mr. Greg Mason Prinicpal, Senior Biologist Alden Environmental, Inc. 3245 University Avenue, #1188 San Diego, California 92014 Dear Greg, Thank you for your February 23, 2015, email regarding the Dos Colinas RV Storage project in Carlsbad, California. Be advised that pursuant to the regulations implementing section 7 (50 CFR 402) of the Endangered Species Act (Act), consultation on effects to listed species and critical habitat is an interagency process between the U.S. Fish and Wildlife Service (Service) and the Federal action agency, in this case the Federal Emergency Management Agency (FEMA) (or its non-Federal representative, designated in writing from FEMA to the Service). If FEMA determines that your project will have "no effect" on any federally listed species or designated critical habitat, then FEMA may proceed with their action of funding, authorizing, or carrying out the project without consultation under the Act. If FEMA determines that your project "may affect" listed species or critical habitat, FEMA must contact the Service to complete consultation on the effects of the action. Therefore, we recommend that you contact FEMA to coordinate the submittal of its determination on the effects of your project to us, to which we can respond. FEMA can be contacted atFEMA-EHP-Documents@fema.dhs.gov or phone: 510 627 7027. A= =A A A A= =A A Janet Stuckrath Carlsbad Fish and Wildlife Office 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 760431-9440 ext. 270 Janet Stuckrath()fws.ppv ALDEN ENVIRONMENTAL, I N C 3245 University Ave, #1188 I San Diego, CA 92104 I Phone/Fax: 619.284.3815 February 26, 2015 Raymond L. Martin Hunsaker & Associates 9707 Waples Street San Diego, California 92121 Subject: Rancho Carlsbad Owners' Association RV Storage Project (Project) Endangered Species Act Compliance as part of a Conditional Letter of Map Revision Application to the Federal Emergency Management Agency. Dear Mr. Martin, The Federal Emergency Management Agency (FEMA) must determine if a project within a floodplain area, within which the Project resides, would have any impacts to species listed under the federal Endangered Species Act. I'm writing this letter to request a "no effects determination" for the RV Storage Project located in the City of Carlsbad, north of Agua Hedionda Creek and south of Little Enemas Creek. It is east of the Rancho Carlsbad Owners' Association property, south of Cannon Road, north of Rancho Carlsbad Golf Club, and within and west of the planned extension of College Boulevard Reach A (see attached map). The project consists of three distinct impact areas: the RV Storage Site on the west, a small Parking Area to the north, and a Borrow Site to the east. A total of three vegetation communities are present on these three sites: agricultural lands, disturbed lands, and developed. The vegetation mapping shown on the attached map is from the Biological Resources Report for the Dos Colinas Project (Merkel & Associates 2010a, which covered all of the Project sites) and the biological technical report for the College Boulevard - Reach A and Basin BJ Project (Alden Environmental, Inc. 2015, in prep.); the latter of which covers a portion of the Borrow Site. The biological technical report for the College Boulevard - Reach A and Basin BJ Project (Alden Environmental, Inc. 2015, in prep.) and this letter also incorporate data gathered during surveys conducted for the following reports, as appropriate. Revised Biological Technical Report for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District, and Detention Basins (Recon 2001) College Boulevard - Reach A, Biological Resources Report, General Biological Survey Jurisdictional Wetland Delineation, and Focused Surveys (Merkel & Associates 2010) The agricultural lands on the Project sites were once used to grow crops but are now disced/mowed on a regular basis. When not freshly disced/mowed, these lands support non-native, annual species including oats (Avena sp.), soft chess (Bromus hordeaceus), bromes (Bromus spp.), and filaree (Erodium sp.). Disturbed lands on the sites consist of dirt roads. Developed areas include actively maintained landscaping associated with the Rancho Carlsbad Owners' Association property and the Rancho Carlsbad Golf Club and existing asphalt pavement. Surveys for special status plant and animal species were conducted for the Dos Colinas and College Boulevard Reach A and Basin BJ projects. These surveys included focused surveys for federal 1 of ALDEN ENVIRONMENTAL, I N C 3245 University Ave, #1188 I San Diego, CA 92104 I Phone/Fax: 619.284.3815 listed plant and animal species determined to have some potential to occur in those project areas based on the vegetation communities, soils, and project locations. The federal listed plant species that were surveyed for included San Diego thornmint (Acanthomintha iliafolia; threatened), thread- leaved brodiaea (Brodiaeafilfolia; threatened), and San Diego button-celery (Erynglum aristulatum var. parishii; endangered). None of these species was found (Recon 2001 and Merkel & Associates 2010b). One federal listed animal species, the endangered least Bell's vireo ( Vireo bellii pusillus), was observed during U.S. Fish and Wildlife Service (USFWS) protocol surveys, however (Merkel & Associates 201 Ob). It was observed along Agua Hedionda Creek approximately 1,900 feet southeast of the Project. The vireo is not expected to occur farther west along the creek, closer to the Project, because its riparian scrub and woodland habitat becomes disturbed, narrow, and/or absent as the creek flows through the golf course to the south. No vireo habitat is present on or adjacent to the Project sites. The federal threatened coastal California gnatcatcher (Polioptila calfornica caljfornica) was not observed during USFWS protocol surveys conducted in 2000 (Recon 2001) and in 2006 and 2009 (Merkel & Associates 201 Ob), and the gnatcatcher's habitat, coastal sage scrub, is not present on or adjacent to the Project sites. Two other federal listed endangered species, Quino checkerspot butterfly (Euphydryas edit/ia quino) and southwestern willow flycatcher (Empidonax traillii extimus) were determined to have some potential to occur in the Project area. Quino checkerspot butterfly populations are not known from the Project area, however, and the Project is outside the current USFWS recommended survey area for the butterfly. Therefore, it is not expected to be present. USFWS protocol surveys for the southwestern willow flycatcher were conducted in 2000 (Recon 2001) and in 2006 and 2009 (Merkel 201 Ob); the flycatcher was not found. There is no southwestern willow flycatcher habitat (riparian woodland) on or adjacent to the Project sites. Since there is no federal listed plant or animal species on the RV Storage Project sites, there would be no direct impacts to such species. Furthermore, there is no federal listed animal species (or their habitats) on or adjacent to the Project sites, so indirect impacts to such species are not anticipated. The least Bell's vireo is present in the Project vicinity. However, it is located approximately 1,900 feet to the southeast and is not anticipated to be indirectly affected by the Project. Therefore, I believe that a "no effects determination" can be made for the RV Storage Project, and I am requesting this determination from FEMA. Please contact me if you have any questions. Greg Mason Principal/Senior Biologist Attachment: Vegetation Communities map 2 of 3 4j:jA L D E N ENVIRONMENTAL, I N C 3245 University Ave, #1188 1 San Diego, CA 92104 I Phone/Fax: 619.284.3815 References: Alden Environmental, Inc. 2015. Biological Technical Report College Boulevard - Reach A and Basin BJ Project. In prep. Merkel and Associates, Inc. 2010. College Boulevard - Reach A, Biological Resources Report, General Biological Survey, Jurisdictional Wetland Delineation, and Focused Surveys. Revised March 19. Recon. 2001. Revised Biological Technical Report for the Calavera Hills Master Plan Phase II, Bridge and Thoroughfare District, and Detention Basins, Carlsbad, California. January 25. 3 of 3 METES AND BOUNDS DESCRIPTION/MAP EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 13, 2007 AS INSTRUMENT NO. 2007-0603111 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, SAID PARCEL B BEING A PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION OF PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL B, SAID POINT BEING THE SOUTHERLY TERMINUS OF THAT COURSE AS DESCRIBED AND DEPICTED ON SAID CERTIFICATE OF COMPLIANCE AS NORTH 00°14'31" EAST, 181.08 FEET; THENCE ALONG THE BOUNDARY OF SAID PARCEL B AS FOLLOWS: NORTH 00015'29" EAST, 181.04 FEET (RECORD NORTH 00014'31" EAST, 181.08 FEET); NORTH 69035'40" EAST, 31.15 FEET (RECORD NORTH 69°52'20" EAST, 30.95 FEET); NORTH 00003'46" EAST, 54.72 FEET; (RECORD NORTH 00009"11 " EAST, 54.77 FEET); NORTH 01030'25" WEST, 57.57 FEET (RECORD NORTH 01025'49" WEST, 57.64 FEET); NORTH 01°14'43" WEST, 52.58 FEET (RECORD NORTH 01°16'49" WEST, 52.56 FEET); NORTH 00022'17" EAST (RECORD NORTH 00021'46" EAST), 326.54 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 88019'23" EAST, 191.07 FEET; THENCE SOUTH 32016'25" EAST, 177.73 FEET; THENCE SOUTH 00025'38" EAST, 162.30 FEET; THENCE SOUTH 02014'36" EAST, 127.90 FEET; THENCE SOUTH 22053'58" EAST, 21.90 FEET; THENCE SOUTH 02°01'31" EAST, 13.17 FEET; THENCE SOUTH 29037'26" WEST, 17.19 FEET; THENCE SOUTH 10040'46" EAST, 110.85 FEET; THENCE SOUTH 78007'01" WEST, 32.20 FEET; THENCE SOUTH 74059'01" WEST, 133.15 FEET; THENCE NORTH 88019'42" WEST, 51.62 FEET; THENCE SOUTH 79028'04" WEST, 21.55 FEET; THENCE SOUTH 52038'39" WEST, 15.50 FEET; THENCE SOUTH 05028'52" WEST, 9.40 FEET; THENCE SOUTH 24053'06" EAST, 10.10 FEET; THENCE SOUTH 06009'39" EAST, 13.29 FEET TO THE BOUNDARY OF SAID PARCEL B; THENCE ALONG SAID BOUNDARY NORTH 87024'40" WEST (RECORD NORTH 87025'25" WEST), 102.33 FEET TO THE POINT OF BEGINNING. Page 1 of 2 M:\2580\15\Legal DescriptionAO1 FEMA Removal Dos Colinas.docx THE HEREINABOVE DESCRIBED LAND CONTAINS 4.259 ACRES MORE OR LESS. ~ZA - Z.?e., 0 DOUGLAS B. P P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. LAND s çB. (o L.S. 8553 k,Or ~CWtV Page 2 of 2 M:258015LegaI DescrptionA01 FEMA Removal Dos Colinas.docx 0 C) CC) EXHIBIT "B" 0- I) N88019'23"w 191.07' 0 o - 0 C'J 0 to () W 1111 N 0 I o o°3 o to n LO 11 -0 0 o NO! 14'43"W 52.58' NO1 16'49"W 52.569 NO 1 113025#W 5757 (No! 125'49"W 57.64) N0Od0346IlE 54.72' (N00009l liT 54.77) NO2'0 131"W 13.17' I N69135'40'E 31.15' (N6952'20"E 30.95') Lu LO p 4/ç2o N.- Ir16 4 pq N780070 1"E 32.20' to 0 Iz N22"53'58"W 21 90' N29°3 7'26"E 17.19' 2: -,0 cn 4 !V05°28'52"E 9.40' -N06'09'39"W 13.29' - — — — — - - U — — — — — — — — — — I N87°24'40"W 1132.87 N87°25'25"w 1132.859 HUNSAKER & ASSOCIATES SAN DIEGO, INC. t.AND 9707 WAPLES STREET SAW DIEGO, CA 92121 THIS PLAT WAS PREPARED BY ME ORUNDEYD/RC11ON L.S. 8553 OOUGLA' B. 31ROUP S. 8553 EXP. 12/31/16 R;\0897\&Map\EP FE44 Dos Colinas SKI Di dwqf jMor- l3-2OJ5:0949 WO 2580-0015 () INDICATES RECORD DATA PER CERTIFICATE OF COMPLIANCE REC. 9/13/2007 AS DOC// 2007-0603111 O.R. A.P.N. 209-060-70 SHEET I OF 1 SHEET EFFECTIVE FIRM WITH PROPERTY LOCATION PANEL 0768G FIRM ° FLOOD INSURANCE RATE MAP I SAN I)IE(;O COUNTY, CALIFORNIA AND INCORPORATED AREAS ( PANEL 768 Of 2315 SEMft'IMDEX FOR F$I PWL L'IWT) I !4*L R - MAP NUMBER 06013C0168G oc INAY 16, 2012 .v,5 S,trlc*d I*$IO r.vr orget Yb, mat Sr. .r* cur (pr-c,. y w-,w,d-,,o% a*(Cfl ma,, W Men flit (JittiLt'? It t,e ste oft Ito Itt Dr—k M St lilttt Sit tWill,, abut NSWM Cod mACSC F - - - - - - - - - - - - - - - - - - -ZONE AE 1XViLMAPSCALE t"-5W jo * 1 - -- - PROPOSED RV STORAGE S/ES ZONE AE g Ivl / Zl- ,(ZON E A E nq ~ Af /(~ ZONE AE - / AiLCT _- UJE - --•'—-- - I / a :1 I - k / 1 JOINS PANEL 07E6 T'. :- - -.-•---,-- _-_•J . - - -' PROPERTY DEED 3200 f1RST AMERICAN TITLE COMPANY "SUBDIVISION!, RECORDING REQUESTED BY First American Title Insurance Company National Commercial Services - 57 WSL. Carlsbad :1, LLC do West Development Inc. P 6005 Hidden Valley Road, Suite #290 Carlsbad, CA 92001 u1 Attn:Dennis O'Brien A.P.N.: 209-060-60 and 209-070-01 and 209-060-14 and 209-060-48-00 and 209- 060-53-00 and 209-060-58-00 1 DOC# .--.200.7-.066.3988.. 111 2007-0663988 11111 I 11111111111111111111111111 11111 11111 11111 11111 11.11 OCT 16,2007 10:44 AM OFFICIAL RECORDS AN DIEGO COUNTY RECORDERS OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 50.00 CC: INC TAX: N.D. PAGES,: 5 full HIll DIII 11111 11111 11111 DIII DIII 11111011 HP liii 11111 fll till _____20074663988 Space Above This Line for Recidër's tile Oly File No.: NCS-152750-LA1 (bp) AND WHEN RECORDED MAIL DOCUMENT r , AND TAX STATEMENT TO: GRANT DEED Ir The Undersigned Grantor(s) Declare(s): DOCUMENTARY TPSI $*NOT OF PUBUC RECORD* (SEE ATIACHED; CITY TRANSFER TAX $0.00; SURVEY MONUMENT FEE $ C I computed on the consideration or full value of property conveyed, OR [ 3 computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, 3 unincorporated area; [XX] City of Carlsbad, and FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Rancho Carlsbad Partners, a California general partnership, hereby GRANTS to West Senior Living R/E, LLC, a California limited liability company the following described property in the City of Carlsbad, County of San Diego, State of California: Dated: 10/0312007 Mail Tax Statements To: SAME AS ABOVE A.P.N.: 209-060-60 and 209-070-01 Grant Deed - continued and 209-060-14 and 209-060-48-00 and 209-060-53-00 and 209-060- 58-00 File £49. :NcS-152750-LA1 (bp) Date: 10/03/2007 $201 Rancho Carlsbad Partners, a California general partnership By: Carlsberg Rancho, Ltd., a California limited partnership, its Partner By: Carlsberg Mobile Home Properties, Inc., a California corporation, its General Partner By: William W. Geary, Jr., Page 2 of 4 A.P.N.: 209-060-60 and 209-070-01 Grant Deed - continued File No.:NCS-152750-LA1 and 209-060-14 and 209-060-48-00 (bp) and 209-060-53-00 and 209-060- 58-00 5202 Date: 10/03/2007 STATE OF eeL /9/a ien ' a- )SS COUNTY OF<o.c 9,Lq.L_& On O A L 3 02 Co T . before me. Nota Public personallyappeared 1/1, RP71 &) . qedg sly 4e personally known to me (orp.oved to m un-tiiC bu3iseftisfactory vk(ence) to be the personj whose name) Is/pm subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(Ws) and that by his/her/their signatures on the Instrument the person(e) or the entity upon behalf of which the person(sacted, executed the instrument. WITNESS my hand and official seal. Signa tIZZ'e.z. \y. My Commission Expires: \5/ /c ô / ) Notary Name:_ S.ScA Notary Registration Number: _/4/c' CASSIE S. Scji_ COTThgson d' 1646162 Nofty .0 - Caftffft Los Angelei Co4mfy This area for official notarial seal Notary Phone: 'JIO ?S8 fO% T77 County of Principal Place of Business:__________ Page 3 of 4 Order Number 2105144 (22). Page Number: 16 . 8203 LEGAL DESCRIPTION Real property In the City of Carlsbad, County of San Diego, State of California, desalbed.as follows: PARCEL 1: THAT PORTION OF LOT 'B' OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TOMAP THEREOF NO.. 823 FILED IN THE OFFICE;OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT'W AS SHOWN ON RECORD OF. SURVEY MAP NO.17348 FILE) IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 2002.AS FiLE NO. 2002-0308511; THENCE ALONG THE WESTERLY LINE OF SAID LOT 'B', SOUTH 00014131v WEST 1093.00 FEET (RECORD SOUTH 00006110" WEST-109350 FEET); THENCE CONTINUING ALONG SAID WESTERLY LINE SOUTH 87°2525 EAST 1132.85: FEET (RECORD SOUTH 87°45'OO" EAST 1133.00 FEET); THENCE SOUTH 13°34'44" WEST 3 299.92 FEET; THENCE SOUTH 13°3298 WEST 249.90 FEET (RECORD SOUTH 13°16'30 WEST 550.00 FEET) TO THE NORTHWEST CORNER OF PARCEL 4 OF THE LAND DESCRIBED IN DEED TO CARLSBERG RANCHO, LTD., ET AL, RECORDED DECEMBER 21, 2000 AS FILE NO. 2000- :. 0699587; THENCE SOUTH 13°3235" WEST-234.00 FEET (RECORD SOUTH 13°16'30" WEST 234.00 FEET) TOTHE SOUTHWEST CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED 'ID CARSLBERG RANCHOS LID:, El AL, RECORDED MARCH 18, 2002 AS FILE NO. 2002-0224112; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID LAND, SOUTH 13032'35" WEST 525.86 FEET (RECORD SOUTH 1300510O" WEST 526.30 FEET); THENCE ALONG THE SOUTHERLY LINE OF SAID LAND, SOUTH 76°11'42" EAsr444.89 FEET (RECORD SOUTH 76055'OO' EAST 445.00 FEET); THENCE SOUTH 63°4912Y EAST 279.99 FEET (RECORD SOUTH 6402S'00 EAST 279.38 FEED; THENCE SOUTH 26°10'31" WEST 14.32 FEET (RECORD SOUTH 0203900" WEST 14.66 FEET) TO A POINT ON.A NON-TANGENT 40.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE OF SAID: CURVE BEARS NORTH 74°41'58 EAST (RECORD NORTH 741025N EAST) TO SAID POINT, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 680 212(RECORD 68026441 A DISTANCE OF 47.72 FEET (RECORD 47.78 FEET); ThENCE' SOUTh :. 670WSO' EAST (RECORD SOUTH 67131143- EAST) 202.53 FEETTO THE TRUE POINT OF BEGINNINGTHENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 6700D'SO" EAST (RECORD SOUTH 67°31'43" EAST) 313.86 FEET TO THE SOUTHWESTERLY CORNER OF.SAID LAND; THENCE ALONG THE EAST LINE, NORTH 22059'06" EAST 279.42 FEET (RECORD NORTH 22037100 EAST 279.13 FEET); THENCE SOUTH 780030' EAST 233.92 FEET (RECORD SOUTH 78032b00N EAST 234.04 FEET) TO THE MOST EASTERLY CORNER OF SAID LAND; THENCE ALONG THE NORTHERLY LINE, NORTH 55°47'03 WEST 43109 FEET (RECORD NORTH. 5601627' WEST 438.16 FEET); THENCE NORTH 33635'17 WEST (RECORD NORTH 34012532R WEST) 77.97 FEET; THENCE LEAVING SAID NORTHERLY LINE, NORTH 6905625' WEST 51.00 FEETO A POINT ON A NON-TANGENT 1400.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 6905625" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0251'40 A DISTANCE OF 69.91 FEET; THENCE SOUTH 22055'15' WEST 379.99 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL BEING DESCRIBED AS PARCEL C OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 2007 AS INSTRUMENT NO. 2007-0205889 OF OFFICIAL RECORDS. PARCEL 2: Pfr5tAlneIfcan hUe - ____.••• Order Number: 3204 Page Number; 17 THAT PORTION OF LOT B" OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING 70 MAP THEREOF NO. 873, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL B OF ADJUSTMENT PLAT NO. 00-14,. RECORDED MARCH 27, 2007 AS FILE NO.2007-0205873, SAID POINT BEING ThE TRUE POINT OF BEGINNING THENCE ALONG THE NORTH LINE OF SAID PARCEL, SOUTH 8902655" EAST 782.37 FEET TOTHE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG 'THE EASTUNE OF SAID PARCEL, SOUTH 46935102" EAST 647.81 FEETTO THE BEGINNING OF A TANGENT 2000.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY :ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22019771AN ARC DISTANCE OF 779.26PEET; THENCE SOUTH 24015135 EAST 249.01 FEET TO THE BEGINNING OF ATANGENT 1400:00- FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID OJRVE THROUGH A CENTRAL ANGLE OF 21022'SF MARC DISTANCE OF 522.46 FEETTO THE SOUTHEAST CORNER OF SAID PARCEL B, SAID POINT ALSO BEiNG THE NORTHEAST CORNER OF PARCEL. A OF ADJUSTMENT-PLAT 05-14 RECORDED MARCH 27, 2007 AS FILE NO. 2007- 0205887; THENCE CONTINUING SOUTHERLY ON SAID CURVE ALONG THE EAST LINE.OF'SAID PARCEL A THROUGH A CENTRAL ANGLE OF 5036'04' AN ARC DISTANCE OF 136.86 FEET; THENCE LEAVING SAID EAST LINE, NORTH 87°16'37" WEST 51.00 FEET; THENCE SOUTH 85°40'16 WEST 237.25 FEET; THENCE -NORTH 3309'38" WEST 90.82 FEET; THENCE-NORTH 67°3540" WEST 44.98 FEET TO A POINT ON THE EAST LINE OF PARCEL OF THE LAND: DESCRIBED IN DEED TO RANCHO CARLSBAD PARTNERS, RECORDED OCTOBER 21, 2005 AS FILE NO. 2005-0911720 OF OFFICIAL, RECORDS; THENCE NORTHERLY ALONG SAID EAST LINE,.. NORTH 1303235' EAST 1.4.36:FEET107HE4JORTHE45T CORNER OF SAID PARCEJ.. 3,'SAID POINT ALSO BEING ON THE SOUTH LINE OP-SAID PARCEL B OF AD.JUSTMENT PLAT NO. 00-14; THENCE WESTERLY ALONG SAID LINE NORTH 81034'45' WEST 582.19 FEET TO THE NORTHWEST CORNER OF SAID;PARCEL 3, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE NORTHERLY ALONG THE WEST LINE OF SAID PARCEL B, NORTH 1332'3r EAST 249.90 FEET; THENCE NORTH 1334'44' EASE 299.92 FEET; THENCE NORTH 87°2525 WEST 1132.85 FEET; THENCENORTh 00014'31 EAST 181.08 FEET, THENCE-NORTH ' 69°5220" EAST 30.95 FEET; THENCE NORTH 00009'll" EAST 54.77 FEET; THENCE NORTH. 010254r WEST 57.64 FEET; THENCE NORTH 0116'49" WEST 52.56 FEET; THENCE NORTH ' 00021'46 EAST 413.73 FEET; THENCE SOUTH 86020105a WEST 26.79 FEET: THENCE NORTH 0001431" EAST 324.31 FEETTÔ THE TRUE POINT OF BEGINNING. SAID PARCEL BEING DESCRIBED AS PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 13, 2007 AS INSTRUMENT NO. 2007.0603111 OF OFFICIAL RECORDS. SECTION C DEPARTMENT OF HOMELAND SECURITY OMB NO. 1660-0015 Federal Emergency Management Agency Expiration: September 30, 2017 ELEVATION FORM PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 1.63 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing, reviewing, and submitting the form. You are not required to respond to this collection of information unless a valid OMB control number appears in the upper right corner of this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 500 C ST, SW Washington DC 20472-3100. Paperwork Reduction Project (1660-0015). Submission of the form is required to obtain or retain benefits under the National Flood Insurance Program. Please do not send your completed survey to the above address. PRIVACY ACT STATEMENT AUTHORITY: The National Flood Insurance Act of 1968, Public Law 90-448, as amended by the Flood Disaster Protection Act of 1973, Public Law 93- 234. PRINCIPAL PURPOSE(S): This information is being collected for the purpose of determining an applicant's eligibility to request changes to National Flood Insurance Program (NFIP) Flood Insurance Rate Maps (FIRM). ROUTINE USE(S): The information on this form may be disclosed as generally permitted under 5 U.S.0 § 552a(b) of the Privacy Act of 1974, as amended. This includes using this information as necessary and authorized by the routine uses published in DHS/FEMNNFIP/LOMA-1 National Flood Insurance Program (NFIP); Letter of Map Amendment (LOMA) February 15, 2006, 71 FR 7990. DISCLOSURE: The disclosure of information on this form is voluntary; however, failure to provide the information requested may delay or prevent FEMA from processing a determination regarding a requested change to a (NFIP) Flood Insurance Rate Maps (FIRM). This form must be completed-for request and must be completed and signed by a registered professional engineer or licensed land surveyor. A FEMA National Flood Insurance Program (NFIP) Elevation Certificate may be submitted in addition to this form for single structure request. For request to remove a structure on natural grade OR on engineered fill from Special Flood Hazard Area (SFHA), submit the lowest adjacent grade (the lowest ground touching the structure), including an attached deck or garage. For request to remove an entire parcel of land from the SFHA, provide the lowest lot elevation; or, if the request involves an area described by metes and bounds, provide the lowest elevation within the metes and bounds description. All measurements are to be rounded to the nearest tenth of a foot In order o process your request, all information on this form must be completed in its entirety. Incomplete submissions will result in processing delays. NFIP Community Number: 06073 Property Name or RV STORAGE SITE Are the elevations listed below based on (check one) Dexistina or liloroposed conditions? For the existing or proposed structures listed below, what are the types of construction? (check all that apply scrawl space LJslab on grade Obasement/enclosure []Other (explain) N/A Has FEMA identified this area as subject to land subsidence or uplift? (See instructions) []yes lilNo If yes, what is the date of the current re-leveling? / (month/year) What is the elevation datum? I!INGVD 29 I1INAVD 88 DOther If any of the elevations listed below were computed using a datum different than that datum used for the effective Flood Insurance Rate Map (FIRM) (e.g., NGVD 29 or NAVD 88), what was the conversion factor? Please provide the Latitude and Longitude of the most upstream edge of the structure (in decimal degree to the nearest fifth decimal place) Indicate Datum 0WG584 DNAD83 DNAD27 Lat. Long. Please provide the Latitude and Longitude of the most upstream edge of the property (in decimal degree to the nearest fifth decimal place) Indicate Datum DWGS84 !1NAD83 DNAD27 Lat. 33a15058 Long 117.28650 Address Lot Number Block Number Lowest Lot Lowest Adjacent Grade Base Flood Elevation Elevation To Structure BFE Source APN 209-060-70 60.8 NGVD29 N/A 60.8 NGVD29 FEMAFIRM(elevation63NAVD88) This certification is to be signed and sealed by a licensed land surveyor, registered professional engineer, or architect authorized by law to certify elevation information. All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishableby fineor imprisonmentunder Tile18of the United States Code, Section 1001. Certifiers Name: SCOTT R. LYLE License No.: RCE 44062 Expiration Date: 6/30/2015 Name: "keRp.ge No.: (415) 497-2717 Lyle_Englneenng,_Inc./scottrlyle©gmad.com Signature: Date '. 3/1/2015 Seal (optional) FEMA Form 086-0-26A (9/14) Page 1 of 2 DEPARTMENT OF HOMELAND SECURITY OMB NO. 1660-0015 Federal Emergency Management Agency Expiration: September 30, 2017 ELEVATION FORM Address Lot Number Block Number Lowest Lot Elevation Lowest Adjacent Grade To Base Flood Elevation Structure BFE Source Certifier's Name: License Number: Expiration Date: Company Name: Telephone Number E-mail: Fax Number Signature: Date Seal (optional) FEMA Form 086-0-26A (9/14) Page 2 of 2 SECTION D DEPARTMENT OF HOMELAND SECURITY - FEDERAL EMERGENCY MANAGEMENT AGENCY 0.114.8. NO. 1660-0015 COMMUNITY ACKNOWLEDGMENT FORM Expires February 28,2014 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 1.38 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0015). NOTE: Do not send your completed form to this address. This form must be completed for requests involving the existing or proposed placement of fill (complete Section A) OR to provide acknowledgment of this request to remove a property from the SFHA which was previously located within the regulatory floodway (complete Section B). This form must be completed and signed by the official responsible for floodplain management in the community. The six digit NFIP community number and the subject property address must appear In the spaces provided below. Incomplete submissions will result In processing delays. Please refer to the MT-1 instructions for additional information about this form. 06073 APN 209-060-70, RV STORAGE SITE, CARLSBAD, CA Community Number: Property Name or Address: REQUESTS INVOLVING THE PLACEMENT OF FILL As the community official responsible for floodplain management, I hereby acknowledge that we have received and reviewed this Letter of Map Revision Based on Fill (LOMR-F) or Conditional LOMR-F request. Based upon the community's review, we find the completed or proposed project meets or is designed to meet all of the community floodplain management requirements, including the requirement that no fill be placed in the regulatory floodway, and that all necessary Federal, State, and local permits have been, or in the case of a Conditional LOMR-F, will be obtained. For Conditional LOMR-F requests, the applicant has or will document Endangered Species Act (ESA) compliance to FEMA prior to issuance of the Conditional LOMR-F determination. For LOMR-F requests, I acknowledge that compliance with Sections 9 and 10 of the ESA has been achieved independently of FEMA's process. Section 9 of the ESA prohibits anyone from "taking" or harming an endangered species. If an action might harm an endangered species, a permit is required from U.S. Fish and Wildlife Service or National Marine Fisheries Service under Section 10 of the ESA. For actions authorized, funded, or being carried out by Federal or State agencies, documentation from the agency showing its compliance with Section 7(a)(2) of the ESA will be submitted. In addition, we have determined that the land and any existing or proposed structures to be removed from the SFHA are or will be reasonably safe from flooding as defined in 44CFR 65.2(c), and that we have available upon request by DHS-FEMA, all analyses and documentation used to make this determination. For LOMR-F requests, we understand that this request is being forwarded to DHS- FEMA for a possible map revision. Community Comments: Community Official's Name and Title: (Please Print or Type) - 7OA1 Fi, O7 PP (t iThW" Telephone No.: 1i 67-7cc Community Name: I OF CARLSBAD Date: CITY PROPERTY LOCATED WITHIN THE REGULATORY FLOODWAY As the community official responsible for floodplain management, I hereby acknowledge that we have received and reviewed this request for a LOMA. We understand that this request is being forwarded to DHS-FEMA to determine if this property has been inadvertently included in the regulatory floodway. We acknowledge that no fill on this property has been or will be placed within the designated regulatory floodway. We find that the completed or proposed project meets or is designed to meet all of the community floodplain management requirements. Community Comments: Community Official's Name and Title: (Please Print or Type) Telephone No.: ASoQ 154 t. if C ,,fl'Jd '-760902 29S Community Name: CITY OF CARLSBAD Commu AF i5 Offi ial' Signa ure"!equired)J Date: w// i DHS - FEMA Form 086-0-261B, FEB 11 Corn unity Acknowledgment Form MT-1 Form 3 Page 1 of I SECTION E