HomeMy WebLinkAboutEIR 15-03; City of Carlsbad; 2019-0151961; CovenantRECORDING 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# 2019-0151961
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Apr 25, 2019 11 :48 AM
OFFICIAL RECORDS
Ernest J Dronen burg Jr
SAN DIEGO COUNTY RECORDER
FEES $0 00 (SB2 Atkins. $0.00)
PAGES 100
Space above this line for Recorder's use
Assessor's Parcel Number 212-271-03-00
Project Number and Name
--------------EI R 15-03/GPA 14-06/ZC 14-
04/LCPA 14-06/CT 14-10/PUD
14-12/ SOP 14-15/CDP 14-
34/HDP 14-07/HMP 14-04,
Poinsettia 61
DECLARATION OF RESTRICTIVE COVENANTS
This DECLARATION OF RESTRICTIVE COVENANTS ("Restrictive
Covenant") is made this &1-JL day of ff)O,.A,C,J, , 20~ by the City of Carlsbad,
California, a Municipal Corporation of the State of California (hereinafter "City") and Lennar
Homes of California, Inc., a California corporation (hereinafter "Lennar"), collectively referred
to as "Parties".
RECITALS
A. Lennar is the developer of that certain real property in the City of Carlsbad, County
of San Diego, State of California, commonly referred to as Poinsettia 61, EIR 15-03/GPA 14-
06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
(the "Project").
B. City is the sole owner of land that will satisfy a portion of the off-site habitat
mitigation requirement of the Project. The off-site mitigation land is located in a portion of
Veteran's Park, Carlsbad, County of San Diego, State of California, 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 3.1
acres.
C. This Restrictive Covenant provides mitigation for certain impacts of the Project,
pursuant to requirements of Condition Nos. 17 and l 9(c) of City of Carlsbad Planning Commission
Resolution No. 7226, dated February 1, 2017. This Restrictive Covenant is intended and shall be
deemed to satisfy such requirement for a portion of the off-site habitat mitigation as to the
Restricted Property. The amount of Coastal Sage Scrub (CSS) habitat to be preserved and
substantially restored within the Restricted Property is 3 .1 acres, consisting of 1. 92 acres of
substantial restoration of CSS and 1.18 acre of CSS preservation.
Assessor's Parcel Number: 212-271-03-00
Project Number: ElR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
D. The Restricted Property possesses wildlife and habitat values of great importance
to the People of the State of California and will be substantially restored to a Natural Condition as
defined herein and is intended to be preserved in its natural, scenic, open condition to maintain its
ecological, historical, visual and educational values ( collectively, "Conservation Values").
E. The Parties desire to preserve and protect the Restricted Property pursuant to the
Addendum to the Preserve Management Plan for the Veteran's Park Preserve, Carlsbad, California
prepared by Dudek, dated June 2018 ("Management Plan"), an adaptive habitat management plan
which may be revised from time to time and which is incorporated herein by this reference. The
Management Plan is attached hereto as Exhibit "C".
F. The United States Fish and Wildlife Service ("USFWS") has jurisdiction over the
conservation, protection, restoration, enhancement, and management of fish, wildlife and native
plants and the habitats on which they depend under the Endangered Species Act, 16 U.S.C. Section
1531 et. seq., the Fish and Wildlife Coordination Act, 16 USC, Section 661-666c and other
applicable federal laws.
G. California Department of Fish and Wildlife ("CDFW") has jurisdiction, pursuant
to Fish and Game Code Section 1802, over the conservation, protection, and management of fish,
wildlife, native plants, and the habitat necessary for biologically sustainable populations of those
species. For these purposes pursuant to California Civil Code Section 815.3, Fish and Game Code
Section 1348, and other provisions of California law. CDFW and USFWS are each referred to
herein, individually, as an "Agency."
H. The 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, City hereby declares that 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 the Parties' 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"). The Parties intend that, by the City recording this Restrictive Covenant
against the Restricted Property and Lennar agreeing to undertake certain activities as set forth
below, 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
2
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
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:
(1) Habitat creation or restoration, including implementation, maintenance and
monitoring activities, required by City's Planning Commission Resolutions No. 7224, 7225, and
7226, dated February 1, 2017 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) City certifies to Lennar, CDFW, and USFWS that, to City's actual knowledge, there
are no structures or other man-made improvements existing on the Restricted Property. City
further certifies to Lennar, CDFW, and USFWS, that, to City's actual knowledge, there are no
previously granted easements existing on the Restricted Property that interfere or conflict with the
Purpose of this Restrictive Covenant as evidenced by the Title Report attached as Exhibit "D."
The current Natural Condition is evidenced in part by the depiction of the Restricted Property
attached on Exhibit "B," showing all relevant and plottable property lines, easements, dedications,
improvements, boundaries and major, distinct natural features such as waters of the United States.
City has delivered further evidence of the Natural Condition to CDFW, and USFWS by the
inclusion in the Management Plan of (I) 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 USFWS shall not be foreclosed from utilizing any and all other
relevant documents, surveys, photographs or other evidence or information to assist in the
resolution of the controversy.
2. The Parties' Duties.
(a) To accomplish the Purpose of this Restrictive Covenant as described in Section 1
above, Lennar shall undertake construction, maintenance and monitoring of the Restricted
Property pursuant to the Management Plan until issuance of that certain "Final Approval" (as
defined in the Management Plan) from the City, after which date City shall be obligated to perform
all construction, maintenance and monitoring activities necessary to maintain the Restricted
3
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
Property in the condition required by the Management Plan. Subject to the foregoing, and all other
applicable terms and conditions of this Restrictive Covenant:
(1) The Parties shall undertake 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;
(2) The Parties shall post and maintain signage in or adjacent to the boundary
areas of the Restricted Property as described in Section 4(t);
(3) The Parties shall comply with the terms of this Restrictive Covenant and
cooperate with City, CDFW, and USFWS in the protection of the Conservation Values;
( 4) The Parties shall repair and restore damage to the Restricted Property
directly or indirectly caused by the Parties or their guests, representatives, agents, or third parties;
provided, however, the Parties, their 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;
(5) Lennar shall undertake construction, maintenance, and monitoring of
mitigated areas pursuant to the Revised Conceptual Restoration Plan for the Poinsettia Project,
Carlsbad, California, EIR 15-03 prepared by Dudek, dated January 2018 ("Restoration Plan")
until receipt of final approval of the success of the mitigation by City, CDFW, and USFWS
("City/CDFW/USFWS Final Approval");
(6) The Parties shall 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;
(7) The Parties shall perform in-perpetuity Long-Term Maintenance,
Management, and Monitoring set forth in the Section 6 below; and
(8) The Parties shall perform an annual compliance inspection of the Restricted
Property, prepare an inspection report, and shall make reports available to CDFW and USFWS
upon request
(b) Except as required by the Management Plan, the Parties, their successors, and
assigns shall not be obligated to maintain or repair any injury to or change in the Restricted
Property resulting from:
(1) Any natural cause beyond the Parties' control, including without limitation,
fire, flood, storm, earth movement, drought, or infestation; or
4
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
· Project Name: Poinsettia 61
(2) Any prudent action taken by the Parties under emergency conditions to
prevent, abate, or mitigate significant injury to persons and/or the Restricted Property resulting
from such causes.
3. Prohibited Uses.
Any activity on or use of the Restricted Property inconsistent with the Purpose of this
Restrictive Covenant and not reserved as set forth in Section 4 hereof is prohibited. Without
limiting the generality of the foregoing, the following uses by the Parties, and their 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,
Restoration Plan, Management Plan, and any easements and reservations of rights recorded in the
chain of title to the Restricted Property at the time this Restrictive Covenant is executed (as set
forth in Exhibit "D" hereto):
(a) Supplemental watering except for habitat enhancement activities described m
Section 4(r);
(b) Use of herbicides, pesticides, rodenticides, biocides, fertilizers, or other agricultural
chemicals or weed abatement activities, except weed or pest abatement activities consistent with
the City's Integrated Pest Management Plan necessary to control or remove invasive, exotic plant
or pest species conducted by an applicator licensed to work within habitat preserve areas;
( c) Incompatible fire protection activities, except the fire prevention activities set forth
in Section 4(v);
( d) Use of off-road vehicles and use of any other motorized vehicles except on existing
roadways and as necessary to restore native plant communities, consistent with Section 4;
( e) Livestock grazing or other agricultural activity of any kind;
(f) Recreational activities including, but not limited to, horseback riding, biking,
hunting or fishing, except as allowed in the Management Plan;
(g) Residential, commercial, retail, institutional, or industrial uses;
(h) Any legal or de facto division, subdivision or portioning of the Restricted Property,
except transfers in accordance with Section 16 below;
(i) Construction, reconstruction or placement of any building or other improvement,
billboard, or signs, except signs permitted in Section 2(a)(2) and Section 4(t);
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,
except for non-native wildlife to allow for the introduction of tested biological control agents;
5
Assessor's Parcel Number: 2 l 2-271-03-00
Project Number: ElR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
(1) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or
exploring for or extraction of minerals, loam, gravel, soil, rock, sand or other material on or below
the surface of the Restricted Property;
(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 fire protection as required by fire safety officials as set forth in Section
4(v), (2) controlling invasive, exotic plants which threaten the integrity of the habitat, (3)
preventing or treating disease, ( 4) completing the Restoration Plan, or (5) activities described in
Section 2, Section 4 and Section 12;
( 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. The Parties' Reserved Rights.
The Parties reserve to themselves, and to their personal representatives, heirs, successors,
and assigns, all rights accruing from their respective duties under Section 2, including the right to
engage in or to permit or invite others to engage in all uses of the Restricted Property that are
consistent with the Purpose of this Restrictive Covenant, including the following uses:
( q) Access. Police and other public safety organizations and their personnel may enter
the Restricted Property to address any legitimate public health or safety matter.
(r) Habitat Enhancement Activities. Enhancement and monitoring of native plant
communities, so long as such activities do not harm the habitat types identified in the Management
Plan. For purposes of preventing erosion and reestablishing native vegetation, the Parties 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. 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.
(s) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of
vegetation downed or damaged due to natural conditions or 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.
6
Assessor's Parcel Number 212-271-03-00
Project Number EIR I 5-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
(t) 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 Parties 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.
(u) 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 the Parties or any of their successors and assigns from developing
adjoining property for any purposes, except as limited by any local, state or federal permit
requirements for such development and provided that 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.
(v) Fire Protection. The right, in an emergency situation only, to maintain firebreaks
( defined as a strip of plowed or cleared land made to check the spread of a fire), trim or remove
brush, otherwise perform preventative measures required by the fire department to protect
structures and other improvements from encroaching fire. All other brush management activities
shall be limited to areas outside the Restricted Property.
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(t), the Parties 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 and third-party easement holders of record at locations designated in
easements and reservations ofrights recorded in the chain of title to the Restricted Property.
6. Long-Term Maintenance, Management, and Monitoring.
In addition to the other terms contained herein, the Parties shall be responsible for the
maintenance and repair of the Restricted Property in perpetuity in accordance with the
Management Plan, which provides, among other things, that Lennar shall only be obligated to
undertake the construction, maintenance and monitoring of the Restricted Property until issuance
of that certain "Final Approval" (as defined in the Management Plan) from the City, after which
date City shall be obligated to perform or cause to be performed all construction, maintenance and
monitoring activities necessary to maintain the Restricted Property in the condition required by
the Management Plan.
7. Endowment
Lennar previously established an endowment fund to be held in trust, which was funded
on July 24, 2018, in accordance with the approved Management Plan, which shall be invested and
7
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
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, and shall be third party beneficiaries of that agreement with the right to
review and approve any amendments.
(a) Include the following principals 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 Restricted 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 City's oversight. The
endowment holder shall act with prudence when delegating authority and in the selection of agents.
(6) The endowment holder shall have an annual audit of the endowment
performed by a licensed CPA, and shall make the auditor's written report available to City, CDFW,
and USFWS upon completion.
(7) Endowment funds set aside for the management of the Restricted Property
shall not be used to pay any damages for liability due to acts or omissions of the endowment holder
or any other party.
(b) Lennar may use The San Diego Foundation, in accordance with California law, to
be the endowment holder.
8. CDFW and USFWS Rights.
To accomplish the Purpose of this Restrictive Covenant, the Parties hereby grant and
convey the following rights to CDFW and USFWS (but without obligation of 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 the Parties' compliance with and to otherwise enforce the terms of
this Restrictive Covenant; and
8
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/1-IDP 14-07/HMP 14-04
Project Name: Poinsettia 61
(c) A non-exclusive easement on and over the Restricted Property to prevent any
activity on or use of the Restricted Property that is inconsistent with the Purpose of this Restrictive
Covenant and to require the restoration of such areas or features of the Restricted Property that
may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this
Restrictive Covenant; and
( d) All present and future development rights allocated, implied, reserved or inherent
in the Restricted Property; such rights are hereby terminated and extinguished, and may not be
used on or transferred to any portion of the Restricted Property, nor any other property adjacent or
otherwise; and
( e) The right to enforce by means, including, without limitation, injunctive relief, the
terms and conditions of this Restrictive Covenant.
9. Enforcement.
(a) Right to Enforce. The Parties, their successors and assigns, grant to City, CDFW,
USFWS, Department of Justice, and the State Attorney General ("City and/or Agency"), 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 the Parties, their successors
or assigns under any related permit covered by the various documents or referred to therein. The
Parties will upon receipt from City and/or Agency of a written notice to the Parties ("Notice of
Violation") informing the Parties of a violation and demanding cure of such violation, investigate
the claim of violation and commence action to cure the violation within 15 days of receipt of said
Notice of Violation from City and/or Agency. If said cure reasonably requires more than fifteen
(15) days, the Parties shall, within the fifteen (15) day period submit to City and/or Agency for
review and approval a plan and time schedule to diligently complete a cure. The Parties shall
complete such cure in accordance with the approved plan. If the Parties dispute the Notice of
Violation, the following provisions will apply:
(1) Notice of Dispute. The Parties shall issue a written notice of such dispute
(hereinafter "Notice of Dispute") to City and/or Agency within fifteen (15) days of receipt of
written notice of violation. If the Parties provide City and/or Agency with a Notice of Dispute, as
provided herein, City and/or Agency shall meet and confer with the Parties at a mutually agreeable
place and time, not to exceed thirty (30) days from the date that City and/or Agency receive the
Notice of Dispute. City and/or Agency shall consider all relevant information concerning the
disputed violation provided by the Parties 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 and/or
Agency is appropriate in light of the violation.
(2) Determination of Dispute. If, after reviewing the Parties' Notice of Dispute,
conferring with the Parties, and considering all relevant information related to the violation, City
and/or Agency determine that a violation has occurred, City and/or Agency shall give the Parties
notice of such determination in writing. Upon receipt of such determination, the Parties shall have
fifteen ( 15) days to cure the violation. If said cure reasonably requires more than fifteen ( 15) days,
9
Assessor's Parcel Number: 212-271-03-00
Project Number: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
the Parties shall within the fifteen (15) day period submit to City and/or Agency for review and
approval a plan and time schedule to diligently complete a cure and begin cure.
(b) Costs of Enforcement. Any costs incurred by City and/or Agency in enforcing the
terms of this Restrictive Covenant against the Parties including, but not limited to, costs of suit
and any costs of restoration necessitated by the Parties' violation or negligence under the terms of
this Restrictive Covenant shall be borne by the Parties, subject to California Civil Code section
815,etseq.
( c) Discretion. Enforcement of the terms of this Restrictive Covenant shall be at the
discretion of City and/or Agency. Any forbearance by City and/or Agency to exercise its rights
under this Restrictive Covenant in the event of any breach of any term of this Restrictive Covenant
by the Parties shall not be deemed or construed to be a waiver by City and/or Agency 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 and/or Agency under this Restrictive Covenant. No delay or omission by City
and/or Agency in the exercise of any right or remedy upon any breach by the Parties shall impair
such right or remedy or be construed as a waiver.
(d) Acts Beyond Responsible Parties' Control. Nothing contained in this Restrictive
Covenant shall be construed to entitle any party, person, entity or agency to make any claim or to
bring any action against the Parties, their successors and assigns, (individually, "Responsible
Party" and collectively, "Responsible Parties"), nor shall a Responsible Party be deemed in
violation of its obligations herein, in the event there is any injury to or change in the Restricted
Property resulting from (i) any natural cause beyond Responsible Parties' control, including,
without limitation, fire not caused by Responsible Parties, flood, storm, earth movement, drought,
infestation, or any prudent action taken by Responsible Parties under emergency conditions to
prevent, abate, or mitigate significant injury to the Restricted Property resulting from such causes,
so long as the Responsible Parties are in compliance with the Management Plan; or (ii) acts by
City and/or Agency and their employees, directors, officers, agents, contractors, or representatives.
Responsible Parties shall have no obligation to anticipate or attempt to prevent any of the events
described in this paragraph except as specifically set forth herein.
10. Limitations on Liabilities.
The Parties agree that 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 the Parties, the public or any third parties from risks relating
to conditions on the Restricted Property. The Parties, or their successor or assign (at such times as
applicable pursuant to Section 6 above), remain 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. No Hazardous Materials Liability.
(w) The Parties represent and warrant that they have no knowledge of any release or
threatened release of Hazardous Materials ( defined below) in, on, under, about or affecting the
Restricted Property.
10
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
(x) Despite any contrary provision of this Restrictive Covenant, the Parties do not
intend this Restrictive Covenant to be, and this Restrictive Covenant shall not be, construed such
that it creates in or gives CDFW and USFWS any of the following:
(1) The obligations or liabilities of an "owner" or "operator," as those terms are
defined and used in Environmental Laws (defined below), including, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
(42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or
(2) The obligations or liabilities of a person described in 42 U.S.C. Section
9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable Environmental
Laws; or
( 4) The right to investigate and remediate any Hazardous Materials associated
with the Restricted Property; or
(5) Any control over the Parties' ability to investigate, remove, remediate, or
otherwise clean up any Hazardous Materials associated with the Restricted Property.
(y) The term "Hazardous Materials" includes, without limitation, (a) material that is
flammable, explosive or radioactive; (b) petroleum products, including by-products and fractions
thereof; and ( c) hazardous materials, hazardous wastes, hazardous or toxic substances, or related
materials defined in CERCLA, the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 5101 et seq.); the
Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.); the
Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.), and
in the regulations adopted and publications promulgated pursuant to them, or any other applicable
federal, state or local laws, ordinances, rules, regulations or orders now in effect or enacted after
the date of this Restrictive Covenant.
(z) 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. The
Parties represent, warrant and covenant to CDFW and USFWS that activities upon and use of the
Restricted Property by Lennar, City, their agents, employees, invitees and contractors will comply
with all Environmental Laws.
12. Additional Easements.
City 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 CDFW and USFWS. CDFW
and 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
II
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
leasehold interest in the Restricted Property that is subject to this Restrictive Covenant and
complies with Section 16 below. City, its successors, and assigns shall record any additional
easements or other interests in the Restricted Property approved by the CDFW and USFWS in the
official records of San Diego County, California and provide a copy of the recorded document to
the CDFW and USFWS.
13. Hold Harmless.
Lennar shall hold harmless, protect and indemnify City and its officials, directors,
employees, agents, contractors, and representatives and the heirs, personal representatives,
successors, and assigns of each of them (each a "City Indemnified Party" and, collectively,
"City's Indemnified Parties") from and against any and all liabilities, penalties, costs, losses,
damages, expenses (including, without limitation, reasonable attorneys' fees and experts' fees),
causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively,
"Claims"), arising from or in any way connected with injury to or the death of any person, or
physical damage to any property, resulting from any act, omission, condition, or other matter
related to or occurring on or about the Restricted Property, regardless of cause, except that this
indemnification shall be inapplicable (and in no event shall Lennar be obligated to indemnify any
City Indemnified Party) (i) to the extent any such Claim is attributable to the negligence or
misconduct of any City Indemnified Parties or (ii) with respect to any Claim arising after the date
upon which the City issues that certain "Final Approval" (as defined in the Management Plan). If
any action or proceeding is brought against any of City's Indemnified Parties by reason of any
such Claim, Lennar shall, at the election of and upon written notice from any of the City
Indemnified Parties defend such action or proceeding with City's counsel reasonably approved by
the City Indemnified Party or reimburse the party for all reasonable charges actually incurred for
services, including attorneys' fees, in defending the action or proceeding. Notwithstanding the
foregoing, Lennar's agreement to indemnify the City's Indemnified Parties pursuant to this
Section 13 is not intended to and shall not relieve any insurance carrier of its obligations applicable
to the Claims.
14. Amendment.
The Parties 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. The Parties 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.
15. Recordation.
Lennar, 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.
12
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
16. Assignment and Subsequent Transfers.
(aa) City agrees to incorporate the terms of this Restrictive Covenant in any deed or
other legal instrument by which City divests itself of any interest in all or a portion of the Restricted
Property. City, its successor or assign agrees to (1) 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 (2) give actual notice to any such transferee or lessee of the
existence of this Restrictive Covenant. Lennar, its successor, or assign agrees to give written notice
to 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
City, 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.
(bb) From and after the date of any transfer of all or any portion of the Restricted
Property by City and each transfer thereafter, (1) the transferee shall be deemed to have assumed
all of the obligations of the Parties as to the portion transferred, as set forth in this Restrictive
Covenant, (2) the transferee shall be deemed to have accepted the restrictions contained herein as
to the portion transferred, (3) the transferor, as applicable, shall have no further obligations
hereunder except for the obligations set forth above in this paragraph and pursuant to Section 23,
and ( 4) all references to the Parties in this Restrictive Covenant shall thereafter be deemed to refer
to such transferee.
17. 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 Lennar:
To:
Lennar Homes of California
25 Enterprise, Suite 400
Aliso Viejo, California 92656
Telephone: (949) 349-8235
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
California Department of Fish and Wildlife, Region 5
3883 Ruffin Road
San Diego, CA 92123
US Fish and Wildlife Service
2177 Salk A venue, Suite 250
Carlsbad, CA 92008
13
Assessor's Parcel Number: 212-271-03-00
Project Number: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SDP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
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.
18. Controlling Law.
The laws of the United States and the State of California shall govern the interpretation and
performance of this Restrictive Covenant.
19. Liberal Construction.
Any general rule of construction to the contrary notwithstanding, this Restrictive Covenant
shall be liberally construed in favor of the deed to effect the purpose of this Restrictive Covenant
and the policy and purpose California Civil Code Section 815, et seq. If any provision in this
instrument is found to be ambiguous, an interpretation consistent with the purposes of this
Restrictive Covenant that would render the provision valid shall be favored over any interpretation
that would render it invalid.
20. Severability.
If a court of competent jurisdiction voids or invalidates on its face any provision of this
Restrictive Covenant, such action shall not affect the remainder of this Restrictive Covenant. If a
court of competent jurisdiction voids or invalidates the application of any provision of this
Restrictive Covenant to a person or circumstance, such action shall not affect the application of
the provision to other persons or circumstances.
21. No Forfeiture.
Nothing contained herein will result in a forfeiture or reversion of Lennar's title in any
respect.
22. 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.
23. 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.
24. Captions.
The captions in this instrument have been inserted solely for convenience of reference and
are not a part of this instrument and shall have no effect upon construction or interpretation.
14
25.
Assessor's Parcel Number: 212-271-03-00
Project Number EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 61
City, CDFW, and USFWS as Benefited Parties
Except for Section 22, the terms of this Restrictive Covenant are for the benefit of City,
CDFW, and USFWS only and are not for the benefit of any other parties.
15
Assessor's Parcel Number: 212-271-03-00
Project Number: EIR 15-03/GPA 14-06/ZC 14-04/LCPA 14-06/CT 14-10/PUD 14-12/ SOP 14-15/CDP 14-34/HDP 14-07/HMP 14-04
Project Name: Poinsettia 6 I
IN WITNESS WHEREOF the Parties have executed this Restrictive Covenant the day and
year first above written.
"Lennar"
LENNAR HOMES OF CALIFORNIA, a California corporation
By:_~Qb:w~-.c;~---
Name: ___ A_N_l~_A_~_A_v_e~':(~----
Title: --~\J~l_C.e::,~-+-fk_E_S_to_G"._tl_t~---
Date: l· 14 •I~ ----------------
By: ~(z:!; , ____ _
Name: \JO°V'"'°'-{~c,Jk~°'-SelA
'I
Title: U\. ce, t:\: es.,i de V\ +
Date: l /1 ~ /I 't
"City"
IFORNIA, a Municipal Corporation of the State of California
By:_H-/t'-/1--A'.r+-,H-n~---=.,.,c___ ________ _
Name: tlJ;Jff)/4L (.__
Title: /17(11/f;t:
Date: 5 · 2-7 · 19
CITY OF CARLSBAD
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
16
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 document.
State of California
County of ORANGE
before me, ALBERTA L. SEAGER NOTARY PUBLIC
(insert name and title of the officer)
personally appeared ____ ~+-'-~~~~~~--+--------.--------,~---
who proved to me on the basis of satisfactory evidence to be the perso ) whose name
subscribed to the within instrument and acknowledged to me that shP.JU~-Pxecuted the same in ~ authorized capacity(.iest, and that by~tfteif signature(&) on the instrument the
persollfsJ, or the entity upon behalf of which the person-tS'Jacted, 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.
Signature t/)£tft: (Seal)
ALBERTA l. SEAGER
COMM. #2158950 z
Notary Public • California ;;o
Orange County 9
Comm. Ex ires Ju 2 2020
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. accuracv. or validitv of that document.
State of California
County of ORANGE
l ~ 1))/qbefore me, ALBERTA L. SEAGER, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared ___ ~_· _'D.!..JLJLJ..:....1------+.;;..L_-'--''--J--L""-i=..:=:...L--¥,------r------~~---
who proved to me on the basis of satisfactory evidence to be the pers whose name 1
subscribed to the within instrument and acknowledged to me that sh t:leyexecuted the same in
~ authorized capacityfiest and that by ~tfteif signature(.sj on the instrument the
person~ or the entity upon behalf of which the personx€) 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.
Signature (){u✓rJS ,~ (Seal)
ALBERTA l. SEAGER
COMM. #2158950 z
Notary Public -California ::o
Orange County 0
Comm. Ex ires Ju 2, 2020
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 document.
State of California
County of San Diego )
On «)~ :} '] ;'-t,0/9 before me, Tamara R. McMinn, Notary Public
) (insert name and title of the officer)
personally appeared {()ct.ft fdcJ.P
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. I. TAMARA R. MCMINN ►
Notary Public • California •
San Dlqo County
Commltlkln ti 2159561 i
, Mw Comm. 1111111a, Jul 1 o. 2020
EXHIBIT A
Legal Description of Restricted Property
EXHIBIT "A"
LEGAL DESCRIPTION
January 11, 2019
J.N. 141018
PAGE 1 OF 2
OFF-SITE MITIGATION -VETERAN'S PARK
CT 14-10
A PORTION OF LOT 10 OF MAP NUMBER 15902, RECORDED ON MARCH 4, 2013
AS FILE NUMBER 2013-0139681 IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
BEGINNING AT THE NORTHEAST CORNER OF LOT 10, MAP 15902; THENCE
SOUTH 34°44'32" WEST 193.96 FEET TO THE TRUE POINT OF BEGINNING,
SAID POINT BEING ON A 80.00 FOOT RADIUS CURVE CONCAVE TO THE
SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 23°23'47" WEST;
THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 35°23'29" A DISTANCE OF 49.42 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 31°12'44" WEST ll0.78 FEET TO A POINT ON A
TANGENT 70.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE
SOUTHWEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
16°19'58" A DISTANCE OF 19.95 FEET; THENCE SOUTH 47°32'41" WEST
115.33 FEET TO A POINT ON A NON-TANGENT 1100.64 FOOT RADIUS CURVE
CONCAVE TO THE SOUTH, THE RADIAL TO SAID POINT BEARS NORTH
30°05'58" EAST; THENCE WEST ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 14°32'03" A DISTANCE OF 279.20 FEET TO A POINT ON
A NON-TANGENT 120.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST,
THE RADIAL TO SAID POINT BEARS NORTH 74°27'41" WEST; THENCE NORTH
AND EAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
73°52'37" A DISTANCE OF 154.73 FEET; THENCE NORTH 89°24'55" EAST
117.13 FEET; THENCE SOUTH 56°18'37" EAST 14.72 FEET; THENCE NORTH
62°13'38" EAST 169.96 FEET; THENCE SOUTH 61°02'33" EAST 27.89
FEET; THENCE SOUTH 47°19'05" EAST 16.30 FEET; THENCE SOUTH
37°06'27" EAST 29.64 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREIN DESCRIBED PARCEL CONTAINS 1.32 ACRES
G:\ 141018\PlatsVvlitigation \ 1418A-Legal-OffsileMi/igation-VeteransPark. doc
PARCEL 'B'
January 11, 2019
J.N. 141018
PAGE 2 OF 2
A PORTION OF LOT 10 OF MAP NUMBER 15902, RECORDED ON MARCH 4, 2013
AS FILE NUMBER 2013-0139681 IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 10, MAP 15902; THENCE
SOUTH 33°20'55" WEST 195.84 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 16°06'52" EAST 16.30 FEET; THENCE SOUTH 3°28'54" WEST
21.24 FEET; THENCE SOUTH 16°52'03" WEST 21.71 FEET; THENCE SOUTH
14°08'58" WEST 36.68 FEET; THENCE SOUTH 37°37'26" WEST 20.14
FEET; THENCE SOUTH 3°22'17" WEST 51.28 FEET; THENCE SOUTH 7°15'35"
EAST 64.56 FEET; TO A POINT ON A NON-TANGENT 300.00 FOOT RADIUS
CURVE CONCAVE TO THE WEST, THE RADIAL TO SAID POINT BEARS NORTH
74°59'22" EAST; THENCE SOUTH ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 17°33' 23" A DISTANCE OF 91. 92 FEET; THENCE, SOUTH
8°19'37" WEST 60.44 FEET TO A POINT ON A NON-TANGENT 315.24 FOOT
RADIUS CURVE CONCAVE TO THE SOUTHEAST, THE RADIAL TO SAID POINT
BEARS NORTH 57°20'12" WEST; THENCE SOUTH ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 34°40'42" A DISTANCE OF 190.80
FEET; THENCE SOUTH 16°41'48" WEST 68.62 FEET; TO A POINT ON A NON-
TANGENT 200.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THE
RADIAL TO SAID POINT BEARS SOUTH 53°07'50" EAST; THENCE SOUTH AND
WEST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
33°02'18" A DISTANCE OF 115.33 FEET; THENCE NORTH 87°28'37" WEST
10.03 FEET; THENCE SOUTH 73°38'32" WEST 16.11 FEET; THENCE SOUTH
88°20'00" WEST 12.04 FEET; THENCE SOUTH 75°22'55" WEST 20.04 FEET
TO A POINT ON A NON-TANGENT 100.00 FOOT RADIUS CURVE CONCAVE TO
THE SOUTHEAST, THE RADIAL TO SAID POINT BEARS NORTH 76°27'08"
WEST; THENCE NORTH AND EAST ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 17°34'14" A DISTANCE OF 30.67 FEET; THENCE NORTH
31°07'06" EAST 102.59 FEET; THENCE NORTH 13°05'31" EAST 61.57
FEET; THENCE NORTH 8°07'49" WEST 39.45 FEET; THENCE NORTH
14°02'09" WEST 46.00 FEET; THENCE NORTH 6°04'21" WEST 197.75 FEET;
THENCE NORTH 0°00'00" EAST 19.28 FEET; THENCE NORTH 47°32'41" EAST
117.41 FEET TO A POINT ON A TANGENT 75.00 FOOT RADIUS CURVE
CONCAVE TO THE NORTHWEST; THENCE NORTH AND EAST ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 16°19'58" A DISTANCE OF
21.38 FEET; THENCE NORTH 31°12'44" EAST 114.34 FEET; TO A POINT ON
A TANGENT 75.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE
NORTH AND EAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 36°07'52" A DISTANCE OF 47.30 FEET TO THE TRUE POINT OF
BEGINNING.
THE HEREIN DESCRIBED PARCEL CONTAINS 1.79 ACRES
G:\ 141018\Plats\Mi/igation\ 141 BA-Legal-OffsiteMitigation-VeteransPark.dor;
EXHIBIT B
Boundary Exhibit
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EXHIBIT 'B'
LEGAL DESCRIP T/ON
A PORTION OF LOT 10 OF MAP NO. 15902 IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, FILED IN THE OFFICE OF
THE COUNTY RECORDER ON MARCH 4, 2013 AS FILE NUMBER 2013-013968!.
LEGEND
PARK BOUNDARY........... -------
EXISTING LOT LINE. . . . . . . . . . . . . .. - · · -· · - -
Ml TICA TION AREA
J!!AC ...................... ~
CITY OF OCEANSIDE
~~L ___ :::::=:::::: ___ _, 6 I
0. " ,.; VICINITY MAP
NOT TO SCALE r= > ~ ~ I 0 u.O.. I _I_ < ,-co~ ~ ci_
c5..\: 2710 Loker Ave. West, Suite 100
Cl. OJ ;; :': Carlsbad, California 92010
!
f
, ,,.-760-931-7700 ~~ ODayConsultants.com OFFSITE MITIGATION -VETERAN'S PARK DATE: JANUARY 11, 2019 --~1------------.--.......,__ _________________________ _
;53-APPLICANT EXHIBIT 'B' SHEET 1 OF 4 SHEETS
5_;:) .lei LENNAR HOMES i1 · . ,, PR 2018-__ ~ f 25 ENTERPRISE, STE. JOO /~ ·c ·c , ((~ ' ',./li I // !///f
·: ~ AUSO VIEJO, CA 92656 GEORGE O'DA YI
]t'-------------~R~C=c~J=L0_1~4---£~XP.-·~1=2~J~1~L=0....__ ________ .._ ______ _
A.P.N. -----
C 0 t
EXHIBIT 'B'
CT 97-16A
MAP NO. 14340
~ . .!''~d_ __
~ PARCE~-'A'
\
\ 1.32 AC
I
I
I
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I
LOT F
MAP NO. 823
I
<( co
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MAP NO. 15902
C <U (.)
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"' " >...: ~?L--.::::==:::::: ___ _,
c.~ ~ Iv il __ c()_o_:_s_u-L=r---,-1N'c-=-T~s-
~6-
6 J 2710 Loker Ave. West Suite 100
o· soo· ~~~
SCALE: 1" = 500'
""
LOT 10
MAP NO. 15902
I
I
I
'~ ~ Carlsbad, California 92010 ~1 oo:~:n~~!t~~i~~om OFFSITE MITIGA TlON -VETERAN'S PARK DATE: JANUARY 11, 2019
-.S!'l--------,------1-----------,-------+--------t aJ1--___:.A~P~P~L=1~c~A~N~T--+------~E=X=H~l~B~IT_____;;'B~'-------+-s_HE_E_T_2_o_F_4_sH_E_ET_s-1 !~ LENNAR HOMES L,✓ ·/ ;/) •• ,. PR 2018-__ ~~ 25 ENTERPRISE, STE. JOO /(,,t'."··i-d · ~ .,2u;1 I/ii/I'/
~:; ALISO VIEJO, CA 92656 GEORGE OZJA y/ .
]~L---------'-~R~CE~J~2~O~14_~E.X.~~:....:.=12~J~1~L~O--'-_______ ___. _______ _,
A.P.N. - ----
EXHIBIT '8'
P.o.a.
~~~R~U~~A;;--------
I
-L
LOT 10
MAP NO. 15902
PARCEL fl I
1.32 AC
S 34·44'32• W~-
193.96'
{77E LINE} I
I
I
I
I
I \: \~ I
~ I ?},l_
EXIST/NC I PARK
DIRT TRAIL I BOUNDARY
I
" C V u LOT 10
MAP NO. 15902
SEE PAGE 4 \
(PARCEL '£3')
/.,,
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~--,,1 C r o en...,
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1-r, ~ i"=> 0 ~-t / d. rf ~J -~,.......,...,..--::--:--:-:--=--c-E.-~-<O:,; C O N ~NT S ~ d.
0~ 2710 Loker Ave. West, Suite 100
:'< ~ Carlsbad, California 92010
SCALE: 1" = 100'
PARCEL fl I DA TA
@ DELTA BEARING RADIUS LENGTH
1 L1 = 35'23'29" 80.00' 49.42'
2 S J/'!2'44" W 110.78'
3 L1 = !679'58" 10.00' !9.95'
4 S 47'.32 14!" W 115.33'
5 L1 = !4'32'03" 1100.64' 279.20'
6 L1 = 73'52'.Jl" 120.00 1 154. 73'
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A.P.N. -----
EXHIBIT C
Management Plan
[attached hereto]
ADDENDUM
PRESERVE MANAGEMENT PLAN
for the
VETERAN'S PARK PRESERVE
CARLSBAD, CALIFORNIA
EIR 15-03
Prepared for:
Lennar Homes
25 Enterprise, Suite 300
Aliso Viejo, California 92656
Contact: Alan Chik
Prepared by:
DUDEK
605 Third Street
Encinitas, California 92024
Contact: Jayme Timberlake
JUNE 2018
Section
Preserve Management Plan for the
Veteran's Park Preserve
TABLE OF CONTENTS
Page No.
1 INTRODUCTION .............................................................................................................. 1
1.1 Purpose for Inclusion of the Preserve Area in the Habitat Management Plan ........ 1
1.1.1 Core 4 Description ...................................................................................... 1
1.2 Preserve Area History ............................................................................................. 2
1.3 Purpose of this Management Plan ........................................................................... 2
2 VETERAN'SPARK .......................................................................................................... 3
2.1 General Open Space Site Characteristics ................................................................ 3
2.2 Land Use ................................................................................................................. 3
2.3 Soil Characteristics ................................................................................................. 3
2.4 Fire History ............................................................................................................. 3
2.5 Ownership and Preserve Management.. .................................................................. 3
2.6 Restrictive Covenant Compliance ........................................................................... 4
3 HABITAT AND SPECIES DESCRIPTION ................................................................... 7
3.1 Vegetation Communities ........................................................................................ 7
3.1.1 Coastal Sage Scrub ..................................................................................... 7
3 .1.2 Annual Grasslands ...................................................................................... 8
3.2 Special-Status Plant Species ................................................................................... 8
3.3 Special-Status Wildlife Species .............................................................................. 8
3 .4 Threats ..................................................................................................................... 8
4 MANAGEMENT AND MONITORING GOALS AND ASMDS ............................... 11
4.1 Biological Monitoring and Management .............................................................. 11
4.1.1 Long-Term Habitat Management and Monitoring ................................... 11
4.1.2 Long-Term Native Species Management and Monitoring ....................... 17
4.2 Public Outreach and Coordination ........................................................................ 18
4.2.1 Public Education to Promote Preserve Objectives .................................... 18
4.3 Fire Management .................................................................................................. 19
4.3.l Fire Management Goals ............................................................................ 19
4.4 Constraints ............................................................................................................ 21
4.5 Potential Impacts ................................................................................................... 21
4.6 Preserve Management Task Summary .................................................................. 21
5 ADAPTIVE MANAGEMENT ....................................................................................... 23
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TABLE OF CONTENTS (CONTINUED)
Page No.
6 ADMINISTRATION AND REPORTING .................................................................... 25
6.1 Annual Reports, Work Plans, and PMP ................................................................ 25
6.1.1 Data Management: .................................................................................... 26
6.1.2 Communication and Coordination: ........................................................... 26
6.1.3 Budget and Endowment Management: ..................................................... 26
7 LITERATURE CITED ................................................................................................... 27
APPENDICES
A Cumulative List of Vascular Plant Species Observed -Veteran's Restoration
Area/Preserve
B Cumulative List of Wildlife Species Observed-Veteran's Restoration
Area/Preserve
C Property Analysis Record (PAR) for the Veteran's Park Preserve
FIGURES
1 Regional Map ..................................................................................................................... 29
2 Vicinity and HMP Existing Conditions Map ..................................................................... 31
3 HMP Planning Area and Proposed Preserve ..................................................................... 33
4 Restoration On-Site Map -Veteran's Park ........................................................................ 35
TABLES
Vegetation Communities and Land Cover Types within the Veteran's Park
Study Area ........................................................................................................................... 7
2 Locally Common Weed and Invasive/Exotic Species to be Controlled within
the Preserve ........................................................................................................................ 15
3 Preserve Management Task Summary ............................................................................... 21
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1 INTRODUCTION
1.1 Purpose for Inclusion of the Preserve Area in the Habitat
Management Plan
The proposed Veteran's Park preserve area associated with the Poinsettia 61 Project (Project) off-site
mitigation contains a total of 1.92 acres of agricultural land, slated to be restored to CSS habitat and
approximately 1.18 acres of undisturbed preserved CSS habitat, for a total of 3 .1 acres of native open
space to be included in the Carlsbad Habitat Management Plan (HMP; City of Carlsbad 1999,
finalized 2004) Preserve. This Preserve Management Plan (PMP) has been prepared to guide the
long-term management of the preserved open space areas (preserve) within the City-owned
Veteran's Park (Figures 1 and 2), adjacent to Macario Canyon Open Space and a future City park.
The City of Carlsbad (City) is a member of the North County Multiple Habitat Conservation Plan
(MHCP; San Diego Association of Governments 2003) and has adopted an HMP, which is a
subarea plan under the MHCP. The MHCP is a comprehensive, multiple jurisdictional planning tool
designed to create, manage, and monitor ecosystem preserve areas in northwestern San Diego
County. The HMP is a citywide implementation plan that outlines how the City, in coordination
with the Wildlife Agencies, will preserve and protect native biological resources, while allowing
for development that is consistent with City's General Plan. The objectives of the HMP are to
assemble a preserve system that conserves the full range of vegetation types with the focus on rare
species and habitat; conserves areas capable of supporting covered species in perpetuity; and
maintains functional wildlife corridors and habitat linkages. Under the HMP, a portion of the Project
area, as well as surrounding lands, are within a Focused Planning Area (FPA) of the City. FPA
boundaries were created based on the existing distribution of vegetation communities and sensitive
species. The FPAs were further broken down into HMP cores, linkages and Special Resource Areas.
1.1.1 Core 4 Description
This preserve area associated with the Project is located within the Local Facilities Management
Zone 8, in the central portion of Core Area 4.
The HMP describes the Core 4 Focused Planning Area (FPA) as follows:
The Core 4 FPA, (approximately 1,063 acres), is located in west-central Carlsbad,
includes Agua Hedionda Lagoon and upland habitats immediately east of the
lagoon. Critical vegetation communities within this Core include saltmarsh,
freshwater marsh, and riparian scrub. Major areas of coastal sage scrub are also
present, as are small patches of grassland, southern maritime chaparral, southern
mixed chaparral, and coastal sage scrub/chaparral. Critical populations of
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saltmarsh skipper butterfly, light-footed clapper rail, western snowy plover,
California least tern, and Belding's Savannah sparrow occur in the estuarine
habitats associated with Agua Hedionda Lagoon. This coastal wetland is also
critical for American peregrine falcon and California brown pelican. A major
population of wart-stemmed ceanothus is associated with southern maritime
chaparral east of the lagoon. Core 4 has linages to Core 2, Core 3, Core 6, and
Core 8 (Carlsbad 2004).
Figure 3 provides an overview of the proposed and surrounding development, proposed new
preserve, and surrounding existing HMP hardline areas.
1.2 Preserve Area History
Veteran's Park is a City-owned, 19.1-acre parcel that sits adjacent to the Macario Canyon open space
to the west. Veteran's Park is characterized as open space in the City HMP. It sits adjacent to single-
and multifamily residential development to the north and east, Faraday A venue and the Crossings
Golf Course to the south, and open space to the west. Macario Canyon is a 21.3-acre parcel that is
primarily located adjacent to the Veteran's Park open space, north of Faraday Avenue.
The preserve area is owned by the City; the preserve area will remain in City ownership
throughout the long-term management of the site. Lennar Homes is the primary funding source
for habitat restoration installation, maintenance, and monitoring, and the preserve endowment for
the off-site mitigation areas associated with the Poinsettia 61 Project, which includes the
Veteran's Park preserve area.
1.3 Purpose of this Management Plan
The purpose of this Plan is to:
• Meet the requirements for environmental documentation to comply with state and federal
statutes and regulations;
• Guide management and monitoring of habitats, species, and programs described herein to
achieve the City's obligation to protect and enhance wildlife values under the MHCP,
HMP, and Implementing Agreement;
• Guide appropriate public uses of the preserve area;
• Serve as a budget planning aid for annual budget preparation;
• Provide a descriptive inventory of native plant and wildlife species and habitats, which
occur on or use the preserve area.
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2 VETERAN'S PARK
2.1 General Open Space Site Characteristics
The 3.1 acre preserve discussed herein is located in unincorporated HMP areas that are adjacent to
both Veteran's Park and Macario Canyon open space. Because the portions that are slated for
restoration and in-perpetuity preservation will be incorporated into the Veteran's Park open space,
the 3.1 acre preserve discussed herein is referred to as the Veteran's Park preserve (preserve).
Within the 3.1 acre preserve area, topography is generally a plateau, transitioning to south-facing
slopes. Leading up to the preserve, most slopes are steep and south-facing ranging in elevation
from 80 to 240 feet above mean sea level (AMSL) (CNLM and Tierra Data 2016). The preserve
currently is dominated by annual grassland that was historically agricultural land, and coastal
sage scrub vegetation communities sustaining various levels of disturbance.
2.2 Land Use
The dominant land use characterized at the preserve, Veteran's Park and Macario Canyon is
open space. A City park is planned for the portions of the open space area along the Faraday
A venue. Park planning details are unknown at this time.
2.3 Soil Characteristics
Soils found within Veteran's Park are comprised of fine sandy loams. Specifically, soils found
within the preserve include: Huerhuero loam, 2 to 9% slopes; Las Flores loamy fine sand, 15 to
30% slopes, and 15 to 30% slopes, eroded; Loamy alluvial land-Huerhuero complex, 9 to 50%
slopes, severe; and Marina loamy coarse sand, 2 to 9% slopes (USDA 2017).
2.4 Fire History
There have been no recorded fires at Veteran's Park.
2.5 Ownership and Preserve Management
The Veteran's Park preserve area is owned by the City; the Veteran's Park preserve area will
remain in City ownership throughout the long-term management of the site. The City is
responsible for long-term management, which will be implemented through a contract with a
qualified long-term manager. This contract is administered by the Parks and Recreation
Department. Currently, the long-term manager for City-owned properties is the Center for
Natural Lands Management (CNLM).
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2.6 Restrictive Covenant Compliance
The Restrictive Covenant (RC), a type of Conservation Easement, describes the permitted and
prohibited uses of the preserve. This document is anticipated to be approved by January 2018,
and will be recorded thereafter. The following are permitted uses:
• Habitat enhancement and restoration activities;
• Public access along designated trails;
• Debris and exotic species removal;
• Installation of signs and fences as needed.
The following are prohibited uses:
• Supplemental watering, unless for habitat restoration;
• Use of pesticides or fertilizers that are not consistent with the City's Integrated Pest
Management Plan;
• Incompatible fire protection activities;
• Use of off-road vehicles unless necessary for restoration/maintenance;
• Livestock grazing or other agriculture;
• Residential, commercial, retail, institutional, or industrial uses;
• Construction or placement of buildings or other improvements;
• Dumping of soil, trash, refuse, etc.;
• Planting or introducing non-native plants or animals;
• Filling, dumping, excavating, etc.;
• Altering the topography;
• Removing, destroying or cutting trees, shrubs, or other vegetation, unless required for
trail maintenance or habitat management;
• Manipulating, impounding or altering natural watercourses;
• Fuel modification zones.
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Compliance monitoring will be conducted on an annual basis to document that the requirements
and stipulations in the RC are being followed. The compliance monitoring visit is conducted in
conjunction with other regularly scheduled visits and includes filling a form to document that the
preserve is in compliance with the RC and taking photographs at the specified photo monitoring
points as described in Section 4.1.
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3 HABITAT AND SPECIES DESCRIPTION
3.1 Vegetation Communities
The proposed Veteran's Park preserve supports a total of 1. 92 acres of historical agricultural land
categorized as annual grassland that is slated to be restored to coastal sage scrub habitat, and
approximately 1.18 acres of undisturbed coastal sage scrub habitat for a total of 3.1 acres of
native open space to be included in the Carlsbad Habitat Management Plan (HMP; City of
Carlsbad 1999, finalized 2004) Preserve. Vegetation communities and land cover types found
within the preserve are depicted in Table 1.
Table 1
Vegetation Communities and Land Cover Types within the Veteran's Park Study Area
Vegetation/Land Cover Type I Total*
Special-Status Upland Vegetation Communities
Coastal Sage Scrub I 1.18
Upland Vegetation Communities
Annual Grassland I 1.92
Total* I 3.10 acres
Note:
Numbers may not sum to total due to rounding.
3.1.1 Coastal Sage Scrub
Coastal sage scrub is a soft, low shrubland dominated by drought-deciduous species -California
sagebrush (Artemisia californica) and California buckwheat (Eriogonum fasciculatum) -with
scattered evergreen shrubs, including laurel sumac (Malosma laurina). Canopy height ranges from 0
to I meter. The shrub layer occurs typically on low moisture-availability sites (Holland 1986).
Coastal sage scrub species occur within the Veteran's Park preserve area that borders Macario
Canyon. These areas support a high diversity of coastal sage scrub perennial species, including
California sagebrush, black sage (Salvia melifera), toyon (Heteromeles arbutifolia), lemonade
berry (Rhus integrifolia), coastal sagebrush, buckwheat (Eriogonum fasiculatum), and laurel
sumac (Malosma laurina). Annual species found in this area include deerweed (Acmispon
glaber), tarweed (Deinandrafasciculata), and telegraph weed (Heterotheca grandiflora).
Coastal sage scrub is considered a special-status vegetation community due its rarity and high
value for wildlife.
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3.1.2 Annual Grasslands
Annual grassland are comprised of a dense to sparse cover of annual grasses that are often
associated with numerous species of showy-flowered, native annual forbs ("wildflowers"),
especially in years of favorable rainfall (Holland 1986). In San Diego County the presence of
Avena, Bromus, Erodium, and Brassica are common indicators. In some areas, depending on past
disturbance and annual rainfall, annual forbs may be the dominant species; however, it is
presumed that grasses will soon dominate. Germination occurs with the onset of the late fall
rains; growth, flowering, and seed-set occur from winter through spring. With a few exceptions,
the plants are dead through the summer-fall dry season, persisting as seeds.
On the Veteran's preserve site, annual grasslands and associated forbs dominate areas that
are slated for restoration (Dudek 2017). Annual grassland areas on the site are regularly
disked by the City.
3.2 Special-Status Plant Species
Within the Veteran's Park preserve, no special-status plant species were observed. Rare plant
surveys were not conducted within the preserve because a majority of the preserve is regularly
disked to prevent exotic/invasive species encroachment into the adjacent open space areas. Areas
proposed for restoration, associated with the Project, are either regularly disked or are considered
disturbed due to over 80% invasion by non-native species, such as black mustard (Brassica
nigra). Coastal sage scrub vegetation communities are present adjacent to proposed restoration
areas, but no special-status plants species were observed during reconnaissance site visits.
3.3 Special-Status Wildlife Species
No HMP-covered wildlife species were detected during reconnaissance surveys conducted at the
Veteran's Park preserve area. However, the federally threatened/HMP-covered coastal California
gnatcatcher has been observed on adjacent parcels, and is presumed to use the coastal sage scrub
portions of the site for dispersal, foraging, and breeding.
3.4 Threats
Threats to the native species and habitats present within the preserve could result primarily from
adverse "edge effects" from the maintained public trail. Edge effects may include trampling by
humans traveling off trail, invasion by exotic plants and animals, exposure to urban pollutants
(fertilizers, pesticides, herbicides, and other hazardous materials), increase or decrease in natural fire
regime, soil erosion, and hydrologic changes (e.g., surface and groundwater level and quality).
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Non-native plant species pose a significant threat to the preserve. Annual grasslands adjacent to
the preserve support non-native annual weed species, which could contribute non-native seed to
the preserve, if the site is not disked prior to the development of seeds. Invasions from invasive
non-native species such as mustard and star thistle (Centaurea melitensis) are likely to occur.
The land manager will continue to work with the City of Carlsbad and any other relevant
agencies, to manage and monitor any issues that may arise from public trails and access,
including but not limited to pet waste, erosion, non-native vegetation, illegal trails, and homeless
encampments. Education and enforcement will be a continued partnership between the land
manager and the City to prevent and prohibit illegal or illicit activities, and to minimize any
threats to habitat. Additional signage will be posted along the trail in sensitive resource areas.
During the monthly patrols, any signs of human trespassing will be noted and maintenance
efforts will be allocated to preventing encroachment into the preserve. Should unexpected
erosion and/or excessive non-native encroachment occur, these preserve areas will be restored
and/or treated by the preserve manager utilizing the contingency funds that have been established
through the endowment.
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4 MANAGEMENT AND MONITORING GOALS AND ASMDS
This section provides goals and tasks in the form of Area Specific Management Directives
(ASMDs) to direct management of and monitoring within this preserve. The monitoring and
management of the preserve follows the guidelines set forth in the Open Space Management Plan
(OSMP) (City of Carlsbad 2007), Section F(2) and F(3) of the Carlsbad HMP (City of Carlsbad
2004 ), the City of Carlsbad Preserves (CNLM and Tierra Data Inc. 2016), the Guidelines for
Preserve Management (T AIC 2009), and the Management and Monitoring Strategic Plan for
Conserved Lands in Western San Diego County (SDMMP 2017). Long-term preserve
management and implementation of ASMDs will be the responsibility of the Preserve Manager.
The management and monitoring tasks prescribed for the preserve are detailed below.
Upon issuance of the grading permit, restoration shall be installed in the fall 2018, which shall
begin the 120 day plant establishment period and the long-term maintenance and monitoring
period. Long-term management will be initiated upon written issuance of the mitigation
obligation sign-off by the resource and regulatory agencies and City. Prior to in-perpetuity
preservation, initial mitigation/restoration tasks that will be conducted within the preserve
include, but are not limited to, weed removal, temporary irrigation use for plant/seed
establishment (installation and removal), and restoration of the agricultural and disturbed habitat
to coastal sage scrub (Figure 4). The mitigation/restoration is discussed in detail in the Final
Conceptual Restoration Plan for the Poinsettia Project (Dudek 2017), and is the responsibility of
Lennar Homes. The mitigation/restoration areas will not be included within the preserve until the
restoration has met the final performance standards and been issued a written letter of
approval/sign-off by the City and applicable resource agencies.
4.1 Biological Monitoring and Management
The biological goals detailed in this PMP involve monitoring and management of the post-mitigation
and sign-off condition of the restoration and open space areas incorporated into the preserve.
4.1.1 Long-Term Habitat Management and Monitoring
Goal 1: Maintain post-mitigation restoration and open space areas, including
approximately 3.1 acres of Diegan coastal sage scrub, to provide habitat for
species in perpetuity.
Objective 1.1: Evaluate threats to native vegetation communities by monitoring changes over
time. Use monitoring results to prioritize and implement a management strategy.
Within the first year of management, general vegetation and wildlife surveys shall be conducted to
establish baseline conditions. This task shall be accomplished within a scheduled monthly
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monitoring visit and shall be conducted by a qualified biologist. The preserve will be visually
inspected for changes in non-native cover, pest infestations, habitat damage, and overall health of the
habitat communities during regular patrol, maintenance, and surveying activities. Post-fire vegetation
succession will also be monitored to ensure that the habitat continues to recover as predicted. If
monitoring shows substantial changes that could result in degradation of the habitat values (i.e.,
increase in non-native cover, invasive species/pests, increases in erosion rills/gullies, human-caused
habitat damage, etc.), appropriate management actions will be developed and implemented. If
necessary, the area will be monitored more closely until it has stabilized naturally or as a result of
remedial management measures.
ASMD 1.1.1 General Vegetation Monitoring
A vegetation monitoring program will be conducted during the first year of long-term
management throughout the preserve and every five years thereafter using the following
methodology or other suitable method acceptable to the City:
• Vegetation will be mapped on a high quality 1 inch= 100 feet scale aerial image and will
be updated using the most current vegetation classification system for San Diego County.
Vegetation mapping will be conducted concurrently with quantitative monitoring at five
year intervals. At this time, it is anticipated that vegetation communities will be classified
to conform to the List of Alliances and Associations (CDFG 2010), which follows A Manual
of California Vegetation (Sawyer et al. 2009) .. This mapping will be verified by ground-
truthing. A minimum mapping unit of 0.25 acre will be used. The final mapping will be
digitized and uploaded into a GIS database.
• At least four permanent photo-documentation stations will be mapped on an aerial
photo using Global Positioning Satellite (GPS) equipment. These locations will be
selected to capture large areas of contiguous habitat to allow for monitoring of visual
changes in habitat quality and quantity, and will be utilized at least on an annual
basis. Photo point locations will be established according to the Preserve Manager in
order to obtain the best view.
• Three, 25-meter-long permanent point-intercept transects will be established in the
preserve areas and mapped with a GPS. The location of the transects shall be determined
randomly, but shall be distributed throughout each of the upland and riparian vegetation
communities present. In addition, all plant species present within 2.5-meter of the
transects will be recorded. All data will be utilized to determine total percent plant cover,
percent native cover, percent non-native cover, overall species richness and diversity.
Transect monitoring shall take place in the spring, and every five years concurrent with
the vegetation mapping described below.
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ASMD 1.1.2 Post-Fire Monitoring
Post-fire monitoring will be conducted per the established post-fire protocol, based on the
Blossom Valley Habitat Conservation Area Postfzre Monitoring (Tierra Data Inc. 2005). Post-
fire monitoring will be conducted annually for five years following any fire that occurs in the
preserve, using the following approach:
• Qualitatively characterize and monitor plant community boundaries in relation to their
expected location, the presence/abundance of invasive plant species, and other
disturbance processes. The monitoring should include mapping of special-status
species occurrences.
• Quantitatively monitor the post-fire conditions using 25-meter-long permanent point-
intercept transects. The location of the transects shall be determined randomly but shall
be distributed throughout burned areas. In addition, all plant species present within 2.5-
meter of the transects will be recorded. All data will be utilized to determine total percent
plant cover, percent native cover, percent non-native cover, overall species richness and
diversity. Transect monitoring shall take place in the spring, and each year during the
post-fire monitoring period.
• Monitor the trajectory of recovery to determine if succession is proceeding m the
predicted way.
• Monitor the fuel loads within the natural range of variation within the preserve boundary
or in concert with partners in other management areas. Maintain sufficient information on
fuel condition to be able to communicate to local residents in the wildland-urban
interface about fuel condition.
• Characterization of the post-fire areas shall be recorded on an aerial map of the particular
post-fire area. The site assessments shall also be documented in an annual memo, which
shall be submitted to the City each year that post-fire monitoring occurs.
Objective 1.2: Control authorized and unauthorized access to the preserve to prevent damage
to native vegetation communities and negative effects to wildlife.
No portions of the site shall be legally open to public access, except on the existing City trail
(Figure 5). However, unauthorized access to the preserve area is easily accomplished at this time.
Recreational uses adjacent to the preserve are proposed to be uninterrupted by the establishment
of the preserve. Threats from continued and frequent adjacent public use may cause impacts to
native habitat from trampling, unauthorized trails, trash and dumping, and impacts to wildlife
from unleashed dogs.
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ASMD 1.2 Access Control and General Habitat Management
• Signs will be installed for access control and public education around the perimeter of
the open space preserve, as well as in sensitive resource areas identified by the land
manager. Each sign will identify that the property is protected habitat, provide contact
information, a list of illegal activities, and other pertinent management information
for the public and the HOA. Four small (14 inches by 20 inches) aluminum signs
displaying pertinent restrictive information, such as "Habitat Conservation Area,"
"No Trespassing," and "No brush management activities beyond this sign" will be
installed on posts at potential public access points. Initial installation of signs and
replacement will be the responsibility of the Preserve Manager. Should unexpected
erosion and/or excessive non-native encroachment occur, these preserve areas will be
restored and/or treated by the preserve manager utilizing the contingency funds that
have been established through the endowment.
Regular (at least monthly) patrols will be conducted by the Preserve Manager to enforce
preserve rules and regulations, and to look for signs of unauthorized access, including
trash and debris, unauthorized trails, presence of squatting/transient use, and off-leash
dogs. The preserve will also be inspected for damage or vandalism to signs or fencing.
Any signs of human trespassing will be noted. The Preserve Manager will coordinate
closely with the City Ranger Program, and any illegal trespass, transient use, vandalism,
and other illegal activities will be reported to the Carlsbad Police Department, or other
relevant city department, such as Parks, Public Works, etc.
• Trail maintenance, fencing, signage, and kiosks will be the responsibility of the City
Parks and Recreation Department; however, the Preserve Manager will work closely with
city staff to ensure a coordinated effort to enforce trail regulations and protect habitat.
• General habitat management will include trash and debris removal, unauthorized trail
closure, and fence and signage repair and installation on an as-needed basis. The land
manager and the City will work together on identifying and rectifying any maintenance
needs, and on education and enforcement where needed. Habitat enhancement or minor
repair of damaged habitat ( e.g., weed removal, seeding, tilling, and/or planting) will be
performed as necessary.
Objective 1.3: Control invasive non-native plant species to provide for the continued health
and persistence of native vegetation communities
Currently, invasive, non-native plants are a consistent problem within much of the adjacent
preserve. Invasion by non-native species should be lessened through the mitigation/restoration
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program, since non-natives within the mitigation/restoration areas will be controlled for five
consecutive years. Priority for ongoing weed removal should be given to species considered to be
invasive by the California Invasive Plant Council (Cal-IPC High and Moderate category species)
(Cal-lPC 2013) or species that are known locally to be a potential threat.
ASMD 1.3 Weed Control
Prioritization of and methodology of invasive species control will be consistent with the San
Diego Management and Monitoring Program (SDMMP) Invasive Plant Strategic Plan (ISPS)
(SDMMP 2017). A general guide for target exotic/invasive plants that should be controlled is
included in Table 2 of this PMP. The most common non-native species noted within the open
space areas include, but are not limited to, black mustard (Brassica nigra), fennel (Foeniculum
vulgare) and castor bean (Ricinus communis). For the purposes of open space preserve
management and maintenance measures, exotic weed species requiring control are divided into two
groups; Low Tolerance Species (Level 1-3) and No Tolerance Species (Level 4-5; Table 2)
(SDMMP 2017). In general, Low Tolerance Species are those that could potentially pose a threat
to the persistence of native habitats, but are usually limited in distribution and/or can be eradicated
within focal areas. No Tolerance Species with Level 4 and 5 and are considered strong invaders,
are abundant and widespread, and/or have the potential to displace native habitat.
Table 2
Locally Common Weed and Invasive/Exotic Species to be Controlled within the Preserve
Low Tolerance Species No Tolerance Species
Level 1-3 Level4--5
Common Name Scientific Name Common Name Scientific Name
Mustard Brassica spp.; Hirschfeldia Tree tobacco Nicotiana glauca
incana
Russian thistle Sa/sofa tragus Radish Raphanus sativus
Yellow star thistle Centaurea so/stitialis Crown daisy Glebionis coronaria
Maltese star thistle Centaurea me/itensis Pampas grass Cortaderia selloana
Veldt grass Ehrharta longiflor; Ehrharta ice plant, hottentot-fig Carpobrotus spp.;
calycina Mesembryanthemum spp.
Globe chamomile Oncosiphon pi/u/iferum English ivy Hedera helix
Non-native annual grasses Bromus spp., Avena spp., Sweet fennel Foeniculum vulgare
Vulpia myuros
Common Mediterranean Schismus barbatus Stinkwort Dittrichia graveolens
grass
Exotic/invasive plant species control will be an ongoing process in perpetuity. Eradication may
include removal by hand, weed whip, mowing or, if necessary, application of City-approved
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herbicides according to the most current Integrated Pest Management (1PM) plan. Herbicides
may only be applied by a licensed pesticide applicator under the supervision of a qualified
biologist. The least toxic method that effectively removes the exotic/invasive should be used,
based on the most effective method for the species and stage of plant development.
Exotic/invasive plant species control will be conducted twice per year during the rainy season, of
more often as needed to keep weeds at manageable levels. In addition, the following protocols
should be utilized when controlling exotic/invasive plant species:
• All debris and slash generated from the weed removal activities will be disposed of off
site in a legally acceptable manner.
• Invasive/exotic species shall be controlled when plants are young (i.e., 6-10 inches tall)
and prior to the formation of seed heads.
• If large areas require hand weeding (e.g., areas over 0.25 acre), seeding the area with a
native seed mix appropriate to the site and locally collected should be considered to
inhibit re-colonization of the area by non-native plant species.
Objective 1.4: Protect habitat from degradation caused by erosion by implementation of an
erosion control program.
Any significant unnatural erosion occurring within the open space preserve shall be repaired
promptly after it is detected, to minimize additional soil loss. For the purposes of this
document, unnatural erosion is considered to be erosion that may occur as a direct or indirect
result of human activity.
ASMD 1.4 Erosion Control
The following erosion control measures/tactics shall be implemented, as necessary, to prevent
recurring erosion problems.
• Excessive erosion within the preserve will be addressed through Best Management
Practices (BMP) such as use of straw wattles with biodegradable netting, silt fencing,
coconut fiber blankets, re-seeding bare areas, and other measures, as appropriate. BMPs
that maximize the use of native and/or biodegradable material should be selected
whenever feasible. Non-biodegradable material, such as silt fencing should be removed
once the area has been stabilized. All BMPs will be weed free and use of nylon netting is
prohibited, as it can trap and kill small wildlife.
• Controlling access to the preserve, as outlined in the Objective 1.2 section above, and
through public education will help to minimize erosion from unauthorized foot trails.
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• Reparation of any erosion damage to the preserve caused by erosion or slope failure
outside of the preserve (e.g., along manufactured slopes) is the responsibility of the City.
4.1.2 Long-Term Native Species Management and Monitoring
Goal 2a: Sustain populations and diversity of native plants and wildlife, including special
status species, at or above baseline levels.
Objective 2.1: Implement management and monitoring to protect native habitats, ensure the
persistence of special status plants and animals, and reduce or eliminate threats
to any special status species.
No HMP-covered plant species were observed on site.
Although the California gnatcatcher was not observed on site during reconnaissance surveys, suitable
habitat for the California gnatcatcher is present throughout the preserve, therefore it is assumed there
is a high potential for California gnatcatcher to use the site for dispersal, foraging, and breeding.
ASMD 2.1.1 Species Monitoring
• Conduct regular (at least monthly) patrols to protect sensitive species habitat from human
impacts as described in Section 4.1.1. Signs of loss or degradation to any special status
species and/or habitat shall be qualitatively evaluated during all patrols, so any issues that
are present prior to the 5-year survey period will be observed and an adaptive
management strategy will be developed, as necessary.
• Conduct vegetation monitoring pursuant to Section 4.1.1.
• A void activities that may disturb special status species during the breeding season
(February 15 through August 31 ), such as exotic/invasive plant species removal that
involves gas-powered machinery (e.g., chainsaws and weed whippers).
• Conduct wildlife monitoring during regular patrols. Monitoring shall include, but not be
limited to, monitoring the presence of gnatcatcher and other birds, reptiles, amphibians
and mammals, assessing tracks, scat, burrows, and other signs of specific wildlife use.
• Conduct general biological surveys every five years to document all species that occur on
site and locations of special status plants and wildlife. Submit this information to the city
as part of the preserve-specific annual report, along with the GIS shapefiles.
• Conduct California gnatcatcher focused surveys annually for three years (baseline
surveys), and thereafter every 9 years, consistent in timing with the citywide monitoring
program. The focused surveys will be conducted by a biologist holding a valid lO(a)
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permit. Focused surveys will consist of three site visits during the breeding season, with
surveys conducted during February through August as deemed most appropriate by the
biologist, with at least a seven-day interval between site visits, in accordance with
USFWS survey requirements (USFWS 1997) during the baseline surveys, and will follow
the protocol developed for the citywide monitoring program during subsequent years
(TAlC 2009). A report detailing the results of the focused survey will be prepared and to
the City as an appendix to the preserve-specific annual report.
ASMD 2.1.2 Species Management
• Remove non-native plant species that degrade sensitive species habitat consistent with
Section 4.1.1. This habitat management will benefit sensitive species occurring on site.
• Conduct appropriate management actions necessary to protect sensitive species, based on
the results of the targeted species monitoring and threats assessment.
4.2 Public Outreach and Coordination
4.2.1 Public Education to Promote Preserve Objectives
Goal 1 a: Limit public access and use in order to be compatible with the conservation
goals and obligations of the HMP and MHCP, while providing public outreach
and education on the importance of the preserve.
Objective 1.1: Implement management and monitoring to protect native habitats and wildlife
movement corridors.
ASMD 1.1.1 Outreach Program
• The Preserve Manager will develop an education program and/or hand-out materials
targeted at recreational users and the residence/HOAs of adjacent neighborhoods and
may attend board meetings occasionally as necessary to discuss issues related to
unauthorized access, fencing, erosion, etc.
• The Preserve Manager will be expected to interface with the adjacent residents to educate
them about the preserve and to solve problems (may include educational materials,
attendance at Board Meetings, etc.).
• The Preserve Manager will post and maintain appropriate signage. Each sign will identify
that the property is protected habitat, provide contact information, a list of illegal
activities, and other pertinent information (see Section 4.1.1 ).
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ASMD 1.1.1 Public Access Management and Monitoring
• The Preserve Manager will patrol and enforce access rules and regulations on a regular
basis (at least monthly).
• The Preserve Manager will allow access to the preserve for science, research, and
volunteer habitat management (trash removal, invasive plant removal), as long as these
activities do not adversely affect the preserve.
• The Preserve Manager will remove debris and trash within the preserve (see Section 4.1.1 ).
4.3 Fire Management
Protecting human life and safety is the first priority of every fire management activity. This is the
responsibility of the City of Carlsbad fire department. It is expected that the fire department will
suppress 100% of all unplanned wildland fires, regardless of ignition source, to the smallest size
possible, protecting preserved habitat and adjacent property. Wildland fire is a substantial threat
to the preserve based on its large size and by the wildfire history on site. Therefore, there will be
no brush control or fire/fuel management activity within the preserve.
If a fire occurs within the open space preserve, either burning all or a portion of the site, the
vegetation will be allowed to naturally regenerate. No fire management is anticipated for the
preserve. Fire is a naturally occurring event that produces healthy vegetation.
4.3.1 Fire Management Goals
Goal 1 a: Ensure habitat recovery after fire.
Objective 1.1: Manage post-fire native vegetation communities by monitoring changes over
time, per Section 4.1.1, and implementing appropriate strategies.
Fire is a natural occurrence in the San Diego County back country. Many upland, as well as native
wetland, species are adapted to survive and recover following a fire event. Should fire damage reduce
the native cover and/or cause other damage to the site, an assessment will be made to determine the
level of damage and an appropriate course of action as demonstrated in this PMP. Post-fire recovery
will be different for each habitat type, degree of fire damage, etc. Therefore, the determination of
recovery targets and/or remedial actions will be conducted in coordination with the City HMP
Habitat Management Program
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ASMD 1.1.1 Post-Fire Monitoring and Management
• Monitoring of the trajectory of recovery shall occur to determine if succession is
proceeding in the predicted way. Protocol for post-fire monitoring is discussed in detail in
in Section 4.1.1.
• Using monitoring results, the Preserve Manager shall develop a rigorous non-native,
invasive species removal program to prevent encroachment from non-native, invasive
species into burn areas.
• Using monitoring results, the Preserve Manager in consultation with the City shall
determine the best approach for aided habitat regeneration, which may range from letting
the site recover on its own with invasive plant species control, removing burned snags to
reduce organic build up/future fuel loads, and/or replanting/seeding portions of the site.
ASMD 1.1.2 Post-Fire Plant Establishment and Erosion Control
• If replanting and seeding is determined to be the best method of reestablishment for the burned
vegetation community, container stock shall be installed using industry standard techniques.
• A hole two times the diameter of the rootball and the same depth as the rootball will be
excavated to receive the container plants. Each hole will be filled with water and allowed
to drain prior to plant installation and soil backfill. Each container plant rootball shall be
scarified prior to installation. Planting soil backfill shall be amended native soil, as
needed. Tree species from container plants shall be caged to protect them from herbivory.
• Container stock will receive a 2-inch-thick layer of organic mulch after planting, 18
inches out from the base of each plant, to reduce weed growth and water evaporation.
• If seed is needed as well as container stock, seed will be installed once the container stock
have been planted and all weeds removed. Seed and the specified soil amendments and
fertilizer may be applied by hand and raked in to the soil surface in areas where hydroseed
equipment is unable to reach due to width, existing plant density or steepness restrictions.
The reestablishment areas shall be hydroseeded with the appropriate seed mix, as
determined by the Preserve Manager.
• Where needed, appropriate erosion control BMPs measures, such as, but not limited to,
jute matting, rice straw wattles, fiber rolls, gravel bags, and/or additional hydroseeding
will be installed on the slopes and areas needing erosion control protection. Silt fencing
shall also be placed at the bottom of slopes, and along the low points of the burn areas
bordering native habitat to serve as erosion control protection.
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4.4 Constraints
Due to the potential for nesting habitat and potential presence of the federally listed threatened
coastal California gnatcatcher, limitations to maintenance activities within the preserve may be
necessary. Exotic/invasive plant species removal may need to be postponed, minimized or
amended within the bird breeding season, typically February 15 through August 31 for most
species, and January 1 through August 31 for raptors.
4.5 Potential Impacts
Potential impacts from monitoring and management may occur if exotic/invasive plant
species removal is conducted during the bird breeding season. The federally
threatened/HMP-covered coastal California gnatcatcher was detected at the Veteran's Park
preserve during a site visit in October 2017. Coastal sage scrub habitat on site is dominated
by California sagebrush, a plant species preferred by the coastal California gnatcatcher for
foraging and breeding. To avoid impacts to the coastal California gnatcatcher and any other
breeding birds, exotic/invasive removal may need to be conducted by hand or outside of the
breeding season if nests and/or California gnatcatcher are detected during biological surveys.
No other impacts from monitoring and management activities are anticipated.
4.6 Preserve Management Task Summary
Planned management actions at the preserve are summarized in Table 3.
Table 3
Preserve Management Task Summary
Task
General biological assessments
Site patrol and general management
and monitoring
Habitat monitoring, including fixed
photos point
Vegetation mapping/revisions, including
quantitative cover assessments
California gnatcatcher protocol survey
Wildlife movement monitoring and
management
Exotic/invasive species control
Trash removal, fence and sign repair
Post-fire monitoring/management,
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Timing
Monthly
Monthly
Annually
Once at beginning of long-term, and every
5 years.
Annually for 3 years; every 9 years
thereafter
As needed during monthly site visits
Twice annually
As needed during monthly visits
As needed
21
Staff Type
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Qualified Biologist with 1 0(a) permit
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
Preserve Manager or qualified staff
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Task
habitat restoration/enhancement,
erosion repair, etc.
Public awareness and outreach
Annual report
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Table 3
Preserve Management Task Summary
Timing Staff Type
Once annually based on communication Preserve Manager or qualified staff
with City, and as needed
Once annually
22
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5 ADAPTIVE MANAGEMENT
Adaptive management is defined as a flexible, iterative approach to the long-term management of
biological resources that is guided over time by direct observation of the results of ongoing
management activities. Preserve areas are subject to a variety of changing conditions including
natural variability in species populations and habitat community structure, alteration of the biotic and
abiotic conditions as a result of global climate change, legal changes such as new listings or de-
listings of resident species, and social issues such as increasing pressures from recreational use.
The-City of Carlsbad expects that management and monitoring will occur through an adaptive
approach. Information gained through monitoring will influence the City's management decisions
regarding the next steps in the adaptive process. This approach acknowledges the lack of complete
understanding of a system while at the same time recognizing the need to begin management
activities. Adaptive management is a mechanism to learn more about the system since controlled
experiments may not be a biologically or economically reasonable option before management action
is necessary. Targeted measurement of key environmental and biological variables before and after
the management action can provide insight into the effects of actions at a particular site. These
actions can then be adapted to optimize the achievement of management goals.
The trigger for a change in the management approach occurs when results have not achieved
the desired goal within a specified time frame. The assumptions underlying management
goals must be stated explicitly and considered as hypotheses to be tested through monitoring
programs that are, in effect, management experiments. The City will continue to use explicit
models for experiments, observational studies, and adaptive management to implement
management actions and test a priori assumptions.
An adaptive management strategy will be used to learn and to evolve the management/monitoring
program by evaluating the effects of management actions and using th.is information to re-evaluate
goals, objectives, and priorities according to Section 4.3.8 ofthe City of Carlsbad Preserves 2017-
2021 Preserve Management Plan (CNLM and Tierra Data 2016), as summarized below:
• Analysis and interpretation of the information gathered from the site will be viewed in
context with results from other preserve areas as appropriate.
• The management plan will be updated every five years in order to re-evaluate goals,
objectives and ASMDs.
• Only qualified staff will be selected to implement preserve management. Qualifications
include a strong biology/ecology background, the ability to review the scientific literature
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and conduct scientifically rigorous field studies, and skills to coordinate with the research
community for management support.
• Sound record keeping will provide the support for any changes that occur and will
document when conditions continue to be stable.
This PMP provides the biological monitoring methods and schedule that provides input into the
adaptive management approach. Adaptive management measures shall be limited to funds
available as detailed in the Property Analysis Record (PAR).
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6 ADMINISTRATION AND REPORTING
6.1 Annual Reports, Work Plans, and PMP
Annual reports detailing all management activities and an annual financial summary are
required under the HMP. Preserve Management entities are required to report annually to the
City of Carlsbad, which in turn, summarizes management activities and prepares an annual
report to the wildlife agencies. This commitment achieves the conservation goals of the
Carlsbad HMP and the MHCP through complying with reporting requirements, report
updating, and regular and effective communication and coordination. The schedule and
process for meetings and reporting are detailed:
I. Compliance monitoring. Is the PMP being implemented according the conditions,
policies, and guidelines established therein?
2. Effectiveness monitoring. Is the management of the preserve conserving the species and
habitats as expected?
a. Submit an Annual Work Plan and Annual Report each year. A draft Annual Work Plan is
due October 15 and a draft Annual Report is due November 15 to the Preserve Steward,
City, and Wildlife Agencies for review and comment, and the final Work Plan and
Annual Report is due by December 15. The Annual Report will summarize the activities
accomplished during the year and any management and monitoring recommendations.
The Annual Work Plan will outline the planned monitoring and management actions for
the year and include a prioritization of specific management needs and ASMDs to be
implemented in the adaptive management context (see the OSMP [2016] for required
content and format). The annual update will be reviewed by the Wildlife Agencies and
Preserve Steward, and be available for public review and comment.
b. Attend monthly meetings with City staff to summarize work activities, discuss issues
and determine management solutions.
c. Attend the Quarterly Carlsbad Preserve Managers meeting to facilitate coordination among
preserve areas/managers, to share ideas, address common problems, identify funding/grant
opportunities, etc. Attendance is required of Preserve Managers and the Preserve Steward.
Invited attendees include the City, Coastal Commission, Wildlife Agencies, and public
(key City and Wildlife Agency staff may be required for certain issues).
d. Maintain frequent communication between Preserve Steward and Preserve Managers
( ongoing as needed) by phone, e-mail, or in the field. Report emergency/critical
issues to the City, Wildlife Agencies and/or Coastal Commission as needed (Preserve
Manager and/or Steward to report depending on severity of issue).
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6.1.1 Data Management:
All incidental observations of sensitive species will be documented with a handheld GPS and
input into GIS. Data for focused plant and wildlife surveys, vegetation mapping and invasive
species mapping will also be collected and added to the GIS data layer. All GIS data will be
submitted to the City as GIS shapefiles, which will be formatted in coordination with the City
and include appropriate metadata.
6.1.2 Communication and Coordination:
The Preserve Manager will be responsible for coordinating with the City HMP Administrator,
adjacent land managers, adjacent residents, adjacent HOA board members, HMP program, and
regional management and monitoring entities such as SDMMP as necessary.
6.1.3 Budget and Endowment Management:
Lennar Homes will be responsible for all funding requirements for this PMP. This would include
establishing a non-wasting endowment to fund the PMP based on the Property Analysis Record
(PAR) approved by the City and Wildlife Agencies (Appendix A). The non-wasting endowment
will be held by the San Diego Foundation. Long-term management tasks involve activities
associated with the management and maintenance of the preserve in perpetuity as funding permits
and include habitat monitoring/mapping, exotic species control, species surveys, general
management, and public outreach as described in this PMP. The PAR includes contingency funds
to address unforeseen events.
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7 LITERATURE CITED
California Department of Fish and Game (CDFG). 2010. Hierarchical List of Natural
Communities with Holland Types. Sacramento, California. CDFG. September 2010.
Accessed September 12, 2017. https://www.wildlife.ca.gov/Data/VegCAMP/
Natural-Communities/List.
California Invasive Plant Council (Cal-IPC). 2013. California Invasive Plant Inventory.
Berkeley, California. www.cal-ipc.org/paf.
City of Carlsbad. 1999. Habitat Management Plan for Natural Communities in the City of
Carlsbad. Finalized in 2004.
City of Carlsbad. 2004. Habitat Management Plan for Natural Communities within the City of
Carlsbad, as amended. Planning Department. November 2004.
City of Carlsbad. 2017. Poinsettia 61 Proposed HMP Minor Amendment-Consistency Findings.
Center for Natural Lands Management (CNLM) and Tierra Data Inc. 2016. City of Carlsbad
Preserves, 2017-2021 Preserve Management Plan. August 2016.
Dudek. 2017. Final Conceptual Restoration Plan for the Poinsettia Project. Carlsbad,
California. October 2017.
Holland, R.F. 1986. Preliminary Descriptions of the Terrestrial Natural Communities of
California. Nongame-Heritage Program. California Department of Fish and Game.
San Diego Association of Governments (SAND AG). 2003. Final MHCP Biological Monitoring
and Management Plan-Volume III. March, 2003.
San Diego Management and Monitoring Program (SDMMP) and The Nature Conservancy. 20 I 7.
Management and Monitoring Strategic Plan for Conserved Lands in Western San Diego
County: A Strategic Habitat Conservation Roadmap. San Diego Association of
Governments (SANDAG).
Sawyer, J.O., T. Keeler-Wolf, and J. Evens. 2009. A Manual of California Vegetation. 2nd
edition. Sacramento, California. California Native Plant Society.
Technology Associates (TAIC). 2009. Guidelines for Preserve Management. Prepared for the City
of Carlsbad Planning Department. July 2009.
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Tierra Data Inc. 2005. Blossom Valley Habitat Conservation Area Post fire Monitoring and
Management Strategy. Prepared for the Center for Natural Lands Management.
U.S. Department of Agriculture (USDA). 2017. Web Soil Survey. USDA Natural Resources
Conservation Service, Soil Survey Staff http://websoilsurvey.nrcs.usda.gov/.
U.S. Fish and Wildlife Service (USFW). 1997. "Coastal California Gnatcatcher (Polioptila
californica californica) Presence/Absence Survey Guidelines." Carlsbad, California.
USFWS. February 28, 1997.
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Figure l. Regional Map
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Figure 2. Vicinity and HMP Existing Conditions Map
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Figure 3. HMP Planning Area and Proposed Preserve
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Figure 4. Restoration On-Site Map -Veteran's Park Preserve
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INTENTIONALLY LEFT BLANK
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APPENDIX A
Cumulative List of Vascular Plant Species
Observed -Veteran's Restoration Area/Preserve
APPENDIX A
Cumulative List of Vascular Plant Species Observed On Site
VASCULAR PLANT SPECIES
LYCOPODIAE
SELAGINELLACEAE -SPIKE-MOSS FAMILY
Selaginella cinerascens -mesa spike-moss
POL YPODIALES
PTERIDACEAE-BRAKEFAMILY
Pentagramma triangularis-fem
ANGIOSPERMAE (DICOTYLEDONS)
ADOXAE-MUSKROOTFAMILY
Sambucus nigra ssp. caerulea -blue elderberry
AIZOACEAE-CARPET-WEED FAMILY
*
*
Carpobrotus edulis-hottentot-fig
Mesembryanthemum crystallinum -crystal ice plant
AMARANTHACEAE-AMARANTH FAMILY
* Amaranthus a/bus -white tumbleweed
ANACARDIACEAE-SUMACFAMILY
Malosma laurina -laurel sumac
Rhus integrifolia -lemonade berry
Toxicodendron diversilobum -poison-oak
APIACEAE-CARROT FAMILY
* Foeniculum vulgare -sweet fennel
ASTERACEAE-SUNFLOWERFAMILY
Amblyopappus pusillus -pineapple weed
Ambrosia psilostachya -western ragweed
Artemisia californica -coastal sagebrush
Baccharis pilularis -coyote brush
*
*
*
*
Baccharis salicifolia -mulefat
Carduus pycnocephalus -Italian thistle
Centaurea melitensis -tocalote
Cirsium occidentale -cobwebby thistle
Cirsium vulgare -bull thistle
DUDEK A-1
8058
June 2018
*
*
*
*
*
*
*
*
APPENDIX A (Continued)
Corethrogyne filaginifolia-California sand aster
Deinandrafasciculata [=Hemizoniaf.] -fascicled tarweed
Encelia californica -California bush sunflower
Erigeron canadensis-Canadian horseweed
Eriophyllum confertiflorum -long-stem golden yarrow
Fi/ago gallica -narrow-leaf filago
Glebionis coronaria -crown daisy
Gnaphalium bicolor -bicolor cudweed
Gnaphalium californicum -California everlasting
Grindelia camporum -ray less gumplant
Hazardia squarrosa ssp. grindelioides -saw-toothed goldenbush
Helminthotheca echioides -bristly oxtongue
Heterotheca grandiflora -telegraph weed
Hypochaeris glabra-smooth cat's ear
Isocoma menziesii -goldenbush
Lactuca serriola -prickly lettuce
Lasthenia gracilis --common goldfields
Pseudognaphalium biolettii -bicolor cudweed
Pseudognaphalium californicum -ladies' tobacco
Senecio californicus -California butterweed
Sonchus asper -spiny sowthistle
Sonchus oleraceus -common sow-thistle
Stephanomeria diegensis -San Diego wreathplant
Taraxacum officinale -common dandelion
BORAGINACEAE -BORA GE FAMILY
Amsinckia menziesii --fiddleneck
Cryptantha clevelandii -Cleveland's cryptantha
Heliotropium curassavicum -wild heliotrope
Plagiobothrys collinus -San Diego popcorn flower
BRASSICACEAE -MUST ARD FAMILY
*
*
*
*
*
Brassica nigra -black mustard
Hirschfeldia incana -short-podded mustard
Lobularia maritima -sweet alyssum
Raphanus sativus -radish
Sisymbrium irio-London rocket
CACTACEAE-CACTUS FAMILY
Cylindropuntia prolifera -coast cholla
DUDEK A-2
8058
June 2018
*
APPENDIX A (Continued)
Opuntiaficus-indica-Indian-fig
Opuntia littoralis -coastal prickly-pear
CAPPARACEAE-CAPER FAMILTY
Isomeris arborea -bladderpod
CARYOPHYLLACEAE -PINK FAMILY
*
*
Cardionema ramosissimum -tread lightly
Silene gallica -common catchfly
Stellaria media -common chickweed
CHENOPODJACEAE-GOOSEFOOT FAMILY
*
*
Chenopodium album -lambs quarters
Salsola tragus -Russian-thistle
CISTACEAE -ROCK-ROSE FAMILY
Helianthemum scoparium -peak rush-rose
CONVOL VULACEAE--MORNING-GLORY FAMILY
Calystegia macrostegia --morning-glory
Cuscuta sp. --dodder
Dichondra occidentalis -western ponysfoot
CRASSULACEAE-STONECROP FAMILY
Crassula connata -pygmy-weed
Dudleya lanceolata -lanceleaf dudleya
CUCURBITACEAE-GOURD FAMILY
Marah macrocarpa -Cucamonga manroot
EUPHORBIACEAE-SPURGE FAMILY
*
*
Chamaesyce albomarginata -rattlesnake spurge
Euphorbia pep/us -petty spurge
Ricinus communis -castor-bean
FABACEAE-PEAFAMILY
*
*
*
*
Acacia sp. -acacia
Acmispon glaber -deerweed
Lupinus bicolor -miniature lupine
Medicago polymorpha -burclover
Melilotus a/bus -white sweet-clover
Melilotus indicus -annual yellow sweetclover
DUDEK A-3
8058
June 2018
APPENDIX A (Continued)
GENTIANACEAE-GENTIAN FAltllLY
Centaurium venustum -canchalagua
GERANIACEAE-GERANIUM FAltllLY
*
*
Erodium botrys -longbeak stork's bill
Erodium cicutarium -redstem stork's bill
GROSSULARIACEAE-GOOSEBERRY FAMILY
Ribes speciosum -fuchsia flowered gooseberry
HYDROPHYLLACEAE-WATERLEAF FAMILY
Phaceila cicutaria-caterpillar phacelia
HY ACINTHACEAE-HY ACINTH FAMILY
Chlorogalum parviflorum -soap plant
LAMIACEAE-MINT FAltllLY
* Marrubium vulgare --horehound
Salvia mellifera -black sage
MAL VACEAE -MALLOW FAltllLY
*
Malacothamnus fasciculatus -mesa bushmallow
Malva parviflora -cheeseweed mallow
MYOPORACEAE-MYOPORUM FAMILY
* Myoporum laetum -myoporum
MYRSINACEAE-MYRSINE FAltllLY
* Lysimachia arvensis -scarlet pimpernel
ONAGRACEAE -EVENING-PRIMROSE FAMILY
Camissonia bistorta -California sun cup
OXALIDACEAE-OXALIS FAMILY
* Oxalis pes-caprae -Bermuda buttercup
PAEONIACEAE-PEONY FAMILY
Paeonia californica -California peony
DUDEK A-4
8058
June 2018
APPENDIX A (Continued)
PAPAVERACEAE-POPPYFAMILY
Eschscholzia californica --California poppy
PHR Y.MACEAE -LOPSEED FAMILY
Mimulus aurantiacus---orange bush monkeyflower
PLANTAGINACEAE-PLANTAIN FAMILY
Plantago erecta -dot-seed plantain
POLYGONACEAE-BUCKWHEAT FAMILY
Eriogonum fasciculatum --buckwheat
* Rumex crispus-curly dock
ROSACEAE-ROSEFAMILY
Heteromeles arbutifolia -toyon
SOLANACEAE-NIGHTSHADEFAMILY
*
Datura wrightii-westemjimsonweed
Nicotiana glauca -tree tobacco
Solanum parishii-Parish's nightshade
TAMARICACEAE-TAMARISK FAMILY
* Tamarix sp. -tamarisk
TROPAEOLACEAE--NASTURTIUM FAMILY
* Tropaeolum majus -nasturtium
URTICACEAE-NETTLE FAMILY
Urtica dioica-stinging nettle
* Urtica urens -dwarf nettle
ANGIOSPERMAE (MONOCOTYLEDONES)
AGA VACEAE-AGA VE FAMILY
Yucca schidigera-Mojave yucca
IRIDACEAE-JRIS FAMILY
Sisyrinchium helium -blue-eyed-grass
POACEAE-GRASS FAMILY
* Avena fatua-wild oat
DUDEK A-5
8058
June 2018
*
*
*
*
*
*
*
*
*
*
*
APPENDIX A (Continued)
Brachypodium distachyon -purple falsebrome
Bromus diandrus -ripgut grass
Bromus hordeaceus -soft chess
Bromus madritensis ssp. Rubens -red brome
Cortaderia selloana -pampas grass
Cynodon dactylon -Bermuda grass
Elymus condensatus -giant wildrye
Festuca myuros-rat-tail fescue
Hordeum marinum ssp. gussoneanum -Mediterranean barley
Hordeum murinum -glaucous foxtail barley
Schismus barbatus -Mediterranean schismus
Stipa pulchra -purple needlegrass
Vulpia myuros-rattail fescue
THEMIDACEAE-BRODIAEA FAMILY
Dichelostemma capitatum -bluedicks
* signifies introduced (non-native) species
DUDEK A-6
8058
June 2018
APPENDIX B
Cumulative List of Wildlife Species Observed -
Veteran's Restoration Area/Preserve
APPENDIX B
Cumulative List of Wildlife Species Observed On Site
WILDLIFE SPECIES-VERTEBRATES
REPTILES
IGUANIDAE-IGUANID LIZARDS
Sceloporus occidentalis -western fence lizard
BIRDS
COLUMBIDAE-PIGEONS AND DOVES
Zenaida macroura -mourning dove
TROCIHLIDAE -HUMMINGBIRDS
Archilochus colubris -ruby-throated hummingbird
Calypte anna-Anna's hummingbird
TYRANNIDAE-TYRANT FLYCATCHERS
Sayornis nigricans -black phoebe
CORVIDAE -JAYS AND CROWS
Aphelocoma califomica -western scrub-jay
Corvus brachyrhynchos -American crow
TROGLODYTIDAE-WRENS
Troglodytes aedon -house wren
TIMALIIDAE -LAUGHING-THRUSH AND WRENTIT
Chamaeafasciata-wrentit
MIMIDAE -THRASHERS
Mimus polyglottos -northern mockingbird
Toxostoma redivivum -California thrasher
EMBERIZIDAE-BUNTINGSANDSPARROWS
Pipilo crissalis -California towhee
FRINGILLIDAE-FINCHES
Carpodacus mexicanus -house finch
Carduelis psaltria -lesser goldfinch
* signifies introduced (non-native) species
DUDEK 8-1
8058
June 2018
APPENDIX B (Continued)
INTENTIONALLY LEFT BLANK
DUDEK B-2
8058
June 2018
APPENDIX C
Property Analysis Record (PAR) for the
Veteran's Park Preserve
Section 1 -Property Information
Property Title: Poinsettia 61 Offsite Veterans 3.20.2018
Location/Jurisdiction
County
Address
San Diego
City, State, Zip Carlsbad, CA
Conserved Acres 3.1
Management type Conservation Easement
Date Created 01/23/2018 11 :25:29 AM
Prepared for Lennar Homes
Prepared by J. Timberlake
Dudek
Project Management Information
Contact
Company
Address
City, State, Zip
Phone
Fax
E-Mail address
Cost Year
Date of site visit:
2023
PAR ID: POIN61_V Last Modified: 01/23/2018
Developer/Proponent Information
Contact
Company
Address
City, State, Zip
Phone
Fax
E-Mail address
Development Project
Project Name Poinsettia 61 Offsite Veterans
Total Project Acres O
Stage of planning
Notes
Based on the March 2018 Preserve Management Plan for the Veterans Park Preserve, Poinsettia
61 Project
Exported by ADMIN on 3/20/18
C:\PARTEMP\ADMIN\P3export_POIN61_223_20171103134434.ZIP
Exported by ADM IN on 11/03/2017
C:\P3export_POIN61_223_20171103135015.ZIP
Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management
www.cnlm.org
03/20/2018 Sect.1 Page 1
Section 14 -Initial & Capital Tasks and Costs
Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61~V 03/20/2018
Task Specific Cost/ Annual Times Cont Total
List Description Unit Quantity Unit Cost Years % Cost
BIOTIC SURVEYS
Annual Monitoring Transects L. Hours 3.00 115.00 345.00 1.0 10.0 379.50
General Wildlife Surveys General Surveys; camera L. Hours 8.00 55.50 444.00 1.0 10.0 488.40
Plant Ecologist Vegetation Mapping & L. Hours 2.00 115.00 230.00 1.0 10.0 253.00
Wildlife Biologist CAGN Surveys L. Hours 10.00 115.00 1,150.00 1.0 10.0 1,265.00
Wildlife Biologist CAGN Surveys (Yr 2 only) L. Hours 10.00 115.00 1,150.00 1.0 10.0 1,265.00
Wildlife Biologist CAGN Surveys (Yr 3 only) L. Hours 10.00 115.00 1,150.00 1.0 10.0 1,265.00
Sub-Total 4,915.90
GENERAL MAINTENANCE
Hauling, Truck Truckload Item 2.00 65.00 130.00 1.0 10.0 143.00
Project Management Monthly Inspection; L. Hours 12.00 115.00 1,380.00 1.0 10.0 1,518.00
Sanitation Control Collection And Disposal L. Hours 2.00 35.00 70.00 1.0 10.0 77.00
Sub-Total 1,738.00
HABITAT MAINTENANCE
Exotic Plant Control Herbicide 41 % Con.Rndup Gallon 1.00 120.00 120.00 1.0 10.0 132.00
Exotic Plant Control Weed Control (2x year) L. Hours 16.00 50.00 800.00 1.0 10.0 880.00
Exotic Plant Control Supervision L. Hours 4.00 110.00 440.00 1.0 10.0 484.00
Sub-Total 1,496.00
OPERATIONS
Audit CPA Audit L. Hours 2.00 80.00 160.00 1.0 10.0 176.00
Budgeting Budget & Reconcile L. Hours 1.00 125.00 125.00 1.0 10.0 137.50
Contracts Produce Contracts L. Hours 2.00 125.00 250.00 1.0 10.0 275.00
Insurance General liability Item 1.00 200.00 200.00 1.0 10.0 220.00
Insurance Professional Liability Item 1.00 200.00 200.00 1.0 10.0 220.00
Project Accounting Book Keeping L. Hours 2.00 125.00 250.00 1.0 10.0 275.00
Travel Mileage Miles 100.00 0.55 55.00 1.0 10.0 60.50
Sub-Total 1,364.00
PUBLIC SERVICES
Management Manager meetings, etc L. Hours 12.00 115.00 1,380.00 1.0 10.0 1,518.00
Sign, Aluminum Aluminum 12" X 12" Item 4.00 15.00 60.00 1.0 10.0 66.00
Sub-Total 1,584.00
REPORTING
Annual Reports Summary L. Hours 8.00 115.00 920.00 1.0 10.0 1,012.00
Database Management Data Input L. Hours 2.00 115.00 230.00 1.0 10.0 253.00
Photodocumentation Field Survey L. Hours 1.00 115.00 115.00 1.0 10.0 126.50
Sub-Total 1,391.50
SITE CONSTRUCTION/MAINT.
Fence Maintenance L. Hours 8.00 50.00 400.00 1.0 10.0 440.00
Fence, 4' X 6' X 6' Post & 1 /2" Cable Lin. Ft. 1,000.00 9.00 9,000.00 1.0 10.0 9,900.00
Sub-Total 10,340.00
Subtotal 22,829.40
Administration 2,921.43
Total 25,750.83
Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management
www.cnlm.org
Section 15 -Ongoing Tasks and Costs
Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61_ V 03/20/2018
Task Specific Number Cost/ Annual Years Cont Total
List Description Unit of Units Unit Cost Divide % Cost
BIOTIC SURVEYS
Annual Monitoring Transects L. Hours 3.00 115.00 345.00 5.0 10.0 75.90
General Wildlife General Surveys; camera L. Hours 8.00 55.50 444.00 1.0 10.0 488.40
Plant Ecologist Vegetation Mapping & L. Hours 2.00 115.00 230.00 5.0 10.0 50.60
Wildlife Biologist CAGN Surveys L. Hours 10.00 115.00 1,150.00 9.0 10.0 140.55
Sub-Total 755.45
GENERAL MAINTENANCE
Hauling, Truck Truckload Item 2.00 65.00 130.00 1.0 10.0 143.00
Project Management Monthly Inspection; L. Hours 12.00 115.00 1,380.00 1.0 10.0 1,518.00
Sanitation Control Collection And Disposal L. Hours 2.00 35.00 70.00 1.0 10.0 77.00
Sub-Total 1,738.00
HABITAT MAINTENANCE
Erosion Control Labor Only L. Hours 8.00 50.00 400.00 3.0 10.0 146.66
Erosion Control Punched Straw Acre 0.50 2,250.00 1,125.00 3.0 10.0 412.50
Erosion Control Silt Fence Lin. Ft. 8.00 14.00 112.00 3.0 10.0 41.06
Exotic Plant Control Herbicide 41 % Gallon 1.00 120.00 120.00 1.0 10.0 132.00
Exotic Plant Control Weed Control (2x year) Hour 16.00 50.00 800.00 1.0 10.0 880.00
Exotic Plant Control Supervision Not 4.00 110.00 440.00 1.0 10.0 484.00
Sub-Total 2,096.23
OPERATIONS
Audit CPA Audit L. Hours 2.00 80.00 160.00 1.0 10.0 176.00
Budgeting Budget & Reconcile L. Hours 1.00 125.00 125.00 1.0 10.0 137.50
Contracts Produce Contracts L. Hours 2.00 125.00 250.00 5.0 10.0 55.00
Insurance General Liability Item 1.00 200.00 200.00 1.0 10.0 220.00
Insurance Professional Liability Item 1.00 200.00 200.00 1.0 10.0 220.00
Project Accounting Book Keeping L. Hours 2.00 125.00 250.00 1.0 10.0 275.00
Travel MIieage Miles 100.00 0.54 54.00 1.0 10.0 59.41
Sub-Total 1,142.91
PUBLIC SERVICES
Management Manager meetings, etc Not 12.00 115.00 1,380.00 1.0 10.0 1,518.00
Sign, Aluminum Aluminum 12' X 12' Item 4.00 15.00 60.00 7.0 10.0 9.42
Sub-Total 1,527.42
REPORTING
Annual Reports Summary L. Hours 6.00 115.00 690.00 1.0 10.0 759.00
Database Management Data Input L. Hours 2.00 115.00 230.00 1.0 10.0 253.00
Management Plan Plan Update L. Hours 40.00 115.00 4,600.00 5.0 10.0 1,012.00
Photodocumentation Field Survey L. Hours 1.00 115.00 115.00 1.0 10.0 126.50
Sub-Total 2,150.50
SITE CONSTRUCTION/MAINT.
Fence Maintenance L. Hours 8.00 50.00 400.00 1.0 10.0 440.00
Fence, 4' X 6' X 6' Post & 1/2" Cable Lin. Ft. 500.00 9.00 4,500.00 7.0 10.0 707.14
Sub-Total 1,147.14
Property Analysis Record 3 -Version 1.03 {C) 1999-2008 Center for Natural Lands Management
www.cnlm.org
Section 15 -Ongoing Tasks and Costs
Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61_ V 03/20/2018
Task
List
Subtotal
Administration
Total
Specific
Description Unit
Number
of Units
Cost/
Unit
Annual Years Cont
Cost Divide %
Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management
www.cnlm.org
Total
Cost
10,557.67
1,249.45
11,807.12
Section 16 -Financia,l Summary
Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 Date: 03/20/2018
1st Budget Year: 2023 State: CA PAR Code: POIN6l_V
Initial & Capital Financial Requirements
Revenues
Management Costs
Contingency Expense ----------Initial & Capital Management Total CDsts
Adminis~ative Co_sts of Tot~_ Management Costs
fnitial &, Capital Grass Coats
Initial & f;apital Net Costs
Annual Ongoing Financial Requirements
Revenues
Ongoing Costs
Contingenty Expense
.. ,...
Ongomg Manage.ment :Totl{l '(i]ost,
Endowment Requirtme,its Jot Ongoiizg.Stewardsizip
Endtn11ment to Prot/jicl! •ome of $1 l_,8()1
Endowment per acre $95,219
Stewardship costs are based on 4.00% of Endowment Eqmings per Year
Ongoing management funding per year is $11,807
Resulting in a per acre per year cost of $3,809
Total ~nding Requi.rtd
Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center tor Natural Lands Management
www.cnlm.org
$0
$20,754
$2,075
$Z2,-82-9
$2,921
$2$,751
~.751
$0
$9,598
$960
$JOJ58
$295,178
$320,929
Sect.16 Page 1
Section 17: Labor Summary
Property Title: Poinsettia 61 Offsite Veterans 3.20.2018 PAR ID: POIN61'--V 03/20/2018
Initial & Capital Ongoing Total
Position Description Hours Cost Hours Cost Hours Cost
Not Assigned 29.00 3,265.00 17.00 1,609.00 46.00 4,B74.00
Project Manager 4.00 500.00 4.00 300.00 8.00 800.00
Preserve Manager 56.00 5,954.00 70.00 2,697.78 126.00 8,651.78
Ranger 8.00 400.00 8.00 400.00 16.00 800.00
Field Technician 18.00 870.00 10.00 203.33 28.00 1,073.33
Total 115.00 10,989.00 109.00 5,210.11 224.00 16,199.11
Property Analysis Record 3 -Version 1.03 (C) 1999-2008 Center for Natural Lands Management
www.cnlm.org
Sect. 17, Page 1
EXHIBITD
Title Report
■■NORTH .. AMERICAN
.. TITLE ■■COMPANY
Like Clockwork I!)
Lennar
25 Enterprise # 300
Aliso Viejo , CA 92656
Attention: Alan Chik
Amended-10/ 19/2018
Your Ref:
3090 Bristol Street, Suite 190
Costa Mesa, California 92626
Office Phone: (949)419-9481
Office Fax: (714)667-0338
Email: rdean@nat.com
Our Order No.: 1431640
Property Address: 212-271-03
Carlsbad, CA
Preliminary Report Dated as of October 15, 2018 at 7:30 A.M.
In response to the above referenced application for a Policy of Title Insurance,
First American Title Insurance Company
Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set
forth in Exhibit A attached. The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less
than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or
the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CL TA and ALT A
Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for
certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the
office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a
policy of title insurance, a Binder or Commitment should be requested.
The form of Policy of title insurance contemplated by this report is: AL TA Extended Owner Policy
Please note that the America First Homeowner's Policy (CLT A/ ALT A Homeowner's Policy) can only be issued on
transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First
Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is
hereby revised to state that the policy contemplated is a Standard Coverage Policy.
Randy Dean, Title Officer
Rev. NAT 8/20/13 Page 1 Order No. 92070-1431640-16
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
Fee simple.
2. Title to said estate or interest at the date hereof is vested in:
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
3. The Land referred to in this report is situated in the City of Carlsbad, County of San Diego, State
of California, described as follows:
See attached Legal Description
Rev. NAT 8/24/15 Page 2 Order No. 92070-1431640-16
Rev. NAT 8/24/15
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 10 OF CHY OF CARLSBAD TRACT CT 09-03 IN THE cm OF CARLSBAD, COUNlY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15902 RECORDED MARCH
4, 2013, AS DOCUMENT NO. 2013-0139681.
APN: 212-271-03-00
Page 3 Order No. 92070-1431640-16
SCHEDULE B
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form
designated on the face page of this report would be as follows:
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2017-2018 are exempt.
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. Water rights, claims or title to water, whether or not shown by the public records.
5. An easement for public road and incidental purposes in the document recorded October 5,
1899 in Book 280 of Deeds, Page 292. -
The location of the easement cannot be determined from record information.
6. Easements, Covenants and Conditions contained in the deed from Title Insurance and Trust
Company, as Granter, to J. Blair Pace, a married man, as to an undivided 1/5th interest, Edward
Weigle, a married man, as to an undivided 1/5th interest, Gerald C. Crary, a married man, as to
an undivided 1/5th interest, Max Pace, a married man, as to an undivided 1/5th interest, &
Charles Awalt, a married man, as to an undivided 1/5th interest, as Grantee, recorded June 10,
1960 as Instrument No. 118922 of Official Records. Reference being made to the document for
full particulars, but deleting any covenant, condition, or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status,
disability, handicap, national origin, genetic information, gender, gender identity, gender
expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry,
to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California
Government Code § 12955. Lawful restrictions under state and federal law on the age of
occupants in senior housing or housing for older persons shall not be construed as restrictions
based on familial status.
7. The Terms, Provisions and Easement(s) contained in the document entitled "Easement
Agreement" recorded January 18, 1961 as Instrument No. 9570 of Official Records.
8. The Terms, Provisions and Easement(s) contained in the document entitled "Agreement and
Mutual Easement Deed" recorded March 26, 1964 as Instrument No. 55458 of Official Records.
9. The terms and provisions contained in the document entitled Right of First Refusal and Option To
Purchase, executed by and between The City of Carlsbad, a California Municipal corporation and
Carlsbad Research Center, a California General Partnership, recorded September 30, 1981, as
Instrument No. 81-309929 of Official Records.
Affects: The land and other property.
10. The effect of a document entitled "Certified Copy of Resolution No. 2001-182 Dedicating Certain
City Owned Real Property for Public Street and Appurtenant Uses for Faraday Avenue PR
990003", recorded September 10, 2001 as Instrument No. 2001-0646854 of Official Records.
Rev. NAT 8/24/15 Page 4 Order No. 92070-1431640-16
11. The effect of a document entitled "Certified Copy of Resolution No. 2001-183 Dedicating Certain
City Owned Real Property for Public Street and Appurtenant Uses for Faraday Avenue PR
990004", recorded September 10, 2001 as Instrument No. 2001-0646855 of Official Records.
12. The effect of a document entitled "Certified Copy of Resolution No. 2001-184 Dedicating Certain
City Owned Real Property for Public Street and Appurtenant Uses for Faraday Avenue PR
990005", recorded September 10, 2001 as Instrument No. 2001-0646856 of Official Records.
13. An easement for temporary slope and construction purposes and incidental purposes,
recorded February 15, 2002 as Instrument No. 2002-0135146 of Official Records.
In Favor of: Archstone-Smith Operating Trust, a Maryland real estate
investment trust
Affects: As described therein
14. An easement for water pipeline, appurtenant facilities and incidental purposes, recorded March
18, 2014 as Instrument No. 2014-0105138 of Official Records.
In Favor of: San Diego County Water Authority
Affects: As described therein
15. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions
shown or disclosed by the filed or recorded map referred to in the legal description.
16. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
17. Any rights, interests, or claims of parties in possession of the land not shown by the public
records.
18. Any facts, rights, interests, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
19. With respect to City of Carlsbad, a municipal corporation, we will require copies of the articles of
organization, bylaws, and other governing documents and any amendments thereto. Other
requirements will be made following a review of such documents.
20. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of
the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This
Affidavit/Declaration is to be completed by the record owner of the land and submitted for review
prior to the closing of this transaction. Your prompt attention to this requirement will help avoid
delays in the closing of this transaction. Thank you.
The Company reserves the right to add additional items or make further requirements after
review of the requested Affidavit/Declaration.
********** END OF REPORT **********
Rev. NAT 8/24/15 Page 5 Order No. 92070-1431640-16
***** NOTES * * * * *
1. Notice of change in ownership recording procedure
Effective July 1, 1985 pursuant to state law as amended January 1, 2011 (Section 480.3 of the
Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownership
must be accompanied by a Preliminary Change of Ownership Report to be completed by the
transferee.
If this special report is not presented at the time of recording, an additional recording fee of
$20.00, as required by law, will be charged.
Preliminary Change in Ownership forms, instructions on how to complete them, and a non-
exclusive list of documents that are affected by this change, are available from the County
Recorder's Office or the Office of the County Assessor.
2. GOOD FUNDS LAW
Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc.
may only make funds available for disbursement in accordance with the following rules:
Same day availability. Disbursement on the date of deposit is allowed only when funds are
deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire). Cash will
be accepted only under special circumstances and upon approval by management.
Next business day availability. If funds are deposited to North American Title Company, Inc. by
cashier's checks, certified checks or teller's checks, disbursement may be on the next business
day following deposit. A "teller's check" is one drawn by an insured financial institution against
another insured financial institution (e.g., a savings and loan funding with a check drawn against
a FDIC insured bank).
Second business day availability. If the deposit is made by checks other than those described in
paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made
available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be
available on the second business day following deposit. (For further details, consult California
Insurance Code Section 12413, et seq. and Regulation CC).
These are the minimum periods before funds will be made available. North American Title
Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and
expressly reserves the right to require additional time before disbursing on deposited funds.
Close of escrow and final disbursement will not be made based on deposits in the form of
personal checks, corporate checks, credit union checks, money market checks, travelers checks
and official checks until confirmation of final clearance of the funds.
North American Title Company will not be responsible for accruals of interest or other charges
resulting from compliance with the disbursement restrictions imposed by state law.
3. North American Title Company, Inc.'s charges for recording the transaction documents include
charges for services performed by North American Title Company, Inc., in addition to an estimate
of payments to be made to governmental agencies.
4. Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance
is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable
matters shall be arbitrated at the option of either the Company or the Insured as the exclusive
Rev. NAT 8/24/15 Page 6 Order No. 92070-1431640-16
remedy of the parties. If you desire to review the terms of the policy, including any arbitration
clause that may be included, contact the office that issued this Commitment or Report to obtain a
sample of the policy jacket for the policy that is to be issued in connection with your transaction.
5. The map attached, if any, may or may not be a survey of the land depicted hereon. North
American Title Company expressly disclaims any liability for loss or damage which may result
from reliance on this map except to the extent coverage for such loss or damage is expressly
provided by the terms and provisions of the title insurance policy, if any, to which this map is
attached.
Rev. NAT 8/24/15 Page 7 Order No. 92070-1431640-16
File Number: 92070-1431640-16
OWNER'S DECLARATION
The undersigned Owner(s) of legal age, being duly sworn, deposes and states under penalty of perjury under
the laws of the State of California.
1. That certain real property (the"Property") as described in that certain Commitment of Title
Insurance/Preliminary Report No. 92070-1431640-16 dated as of May 18,
2016 ("Commitment/Report") issued by or on behalf of North American Title Company, Inc. ("North
American Title Company, Inc.") is improved by the following (check all that apply):
□ Single family residences □ One-to-four family residences
□ Apartment building □ Office building
□ Commercial building □ Combination office/commercial building
□ Industrial building □ Vacant Land
□ Other:
2. WORK OF IMPROVEMENT: Please respond to A, B and C below:
A. For the period of 90-days prior to the date of this Affidavit, no repairs or work of improvement
has been conducted on, nor any materials supplied to, the Property except as follows:
(Enter "None" if such is true.)
If you have described any work of improvement above, please complete the following:
□ Started on 20 --
□ Completed on 20 --
□ Will be completed on 20 --
Rev. NAT 8/24/15 Page 8 Order No. 92070-1431640-16
B. Cessation of Labor (Please place an "X" by 1 or 2 below):
□
□
1. There has been a cessation of labor where a work of Improvement was
discontinued before completion within 150 days of the date of this Affidavit.
PLEASE DESCRIBE THE NATURE OF THE WORK THAT DISCONTINUED:
2. There has not been a cessation of labor where a work of improvement was
discontinued before completion within 150 days of the date of this Affidavit.
C. There are no unpaid bills for labor or material because of any improvements made to the Property
except:
(Enter "None" if such is true.)
3. No one is in possession of, or has any right to possession of, the Property except:
□
□
□
□
Declarant as owner.
Tenants based only on month-to-month rental agreements.
Tenants based upon existing leases as listed on the Rent Toll attached hereto as
Exhibit A and incorporated herein by reference.
Other: ____________________ _
4. No person(s) or entitles, have (i) any options to purchase or rights of first refusal, including but not
limited to lessees under any leases referred to in Paragraph 3 above, and/or (ii) easements, licenses,
agreements or other rights allowing them to use, encroach on, or access to the Property except (i)
as shown in the Commitment/Report, and (ii)
(Enter "None" if such is true.)
Rev. NAT 8/24/15 Page 9 Order No. 92070-1431640-16
5. Those certain lease(s) shown as exception number(s) in the Commitment/Report have either: (a)
expired by their own terms, or (b) if they have not expired, the lessee(s) have vacated the Property
and Declarant has been notified of the vacation of the Property either by correspondence from the
lessee or by physical inspection of the property.
6. To the best of Declarant's knowledge, there are no unrecorded real property taxes or assessments
against the Property.
The undersigned is not aware of any release reports or commitment statements which have been
issued pertaining to any environmental issues or liens.
7. This Affidavit is given for the purpose of inducing North American Title Company, Inc. and its agents
to issue policy(ies) of title insurance which may provide coverage with respect to all matters set
forth herein. If North American Title Company, Inc. elects, in its discretion, to (a) accept this
Affidavit, and (b) issue title insurance policy(ies) to third parties, North American Title Company, Inc.
will do so in material reliance on this Affidavit and the representation and covenants in this Affidavit.
8. Declarant acknowledges that he/she has read this Affidavit, that all the statements made in this
Affidavit are true and correct of his/her own actual knowledge, and fully understands the legal
aspects of any misrepresentations or untrue statements made in this Affidavit. Declarant, both
personally and on behalf of Owner, covenants and agrees to defend, indemnify, and hold North
American Title Company, Inc. harmless from and against any and all claims, actions, suits (including
arbitration), liabilities, losses, damages, costs, charges, attorney's fees and other expenses of every
nature and character as a result of its reliance on this Affidavit.
Executed on _______ ___, 20 __ _, at ___________ _____, _________ _
"Declarant"
Owner
Owner
A notary public or other officer completing this
certificate verifies only the identity of the
Individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of ______________ _
County of ______________ _
(City) (State)
Subscribed and sworn to (or affirmed) before me on this __________ day of
-------~ 20 __ , by proved
to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(seal) Signature ______________ _
Rev. NAT 8/24/15 Page 10 Order No. 92070-1431640-16
NORTH AMERICAN TITLE COMPANY
3090 Bristol Street, Suite 190, Costa Mesa, CA 92626
(800)464-6282
Fax: (714)667-0338 Email: rdean@nat.com
Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title
order number and property address.
Attention:
Your Ref:
Our Order No.: 92070-1431640-16
LENDERS SUPPLEMENTAL REPORT
Dated as of October 15, 2018 AT 7:30 A.M.
Title Officer: Randy Dean
The above numbered report (including any supplements or amendments thereto) is hereby modified and/or
supplemented in order to reflect the following additional items relating to the issuance of an American Land
Title Association loan form policy of Title Insurance:
Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116.
There is located on said land a Vacant Land
Known as: 212-271-03
City of Carlsbad
County of San Diego
State of California.
According to the public records, there has been no conveyance of the land within a period of twenty-four months
prior to the date of this report, except as follows:
None
Rev. NAT 8/24/15 Page 11 Order No. 92070-1431640-16
Privacy Policy Rev. 05/22/2018
North American Title Grou Famil of Com anies
FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, LLC FAMILY OF COMPANIES DO WITH YOUR
PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal law gives consumers
the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect,
share, and protect your personal information. Please read this notice carefully to understand what
we do.
The types of personal information we collect and share depend on the product or service you have
with us. This information can include:
• Social Security number and income
• Transaction history and payment history
• Purchase history and account balances
All financial companies need to share customers' personal information to run their everyday business.
In the section below, we list the reasons financial companies can share their customers' personal
information, the reasons North American Title Group, LLC Family of Companies ("NATG") chooses to
share, and whether you can limit this sharing.
Reasons we can share your personal information Does NATG Can you limit
share? this sharing?
For our everyday business purposes Yes No
Such as t o process your transactions, maintain your account(s), respond to court
orders and legal investigations, or report to credit bureaus
For our marketing purposes Yes No
To offer our products and services to you
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes Yes No
Information about your transactions and experiences
For our affiliates' everyday business purposes No We don't share
Information about your creditworthiness
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you No We don't share
~ ·-· re.I~ • Visit the following webpage for full instructions and a link to the Opt Out process
via our NATTRACK system: www.nat.com/Opt-Out OR
• Mail the form below
Please note:
If you are a new customer, we can begin sharing your information 30 days from the date we
sent this notice. When you are no longer our customer, we continue to share your
information as described in this notice.
However, you can contact us at any time to limit our sharing.
lib~ Call 1 (844) 654-5408
X.--------------------------------------
Mail-in Form
If you have a joint
account, your choice(s)
will apply to everyone
on your account unless
you mark below.
D Apply my choices
only to me.
Mail To:
Rev. NAT 8/24/15
Mark any/all you want to limit:
D Do not allow your affiliates to use my personal information to market to me.
Name
Address
City, State, Zip
Account#
North American Title Group, LLC Family of Companies
ATTN: General Counsel
760 Northwest 107th Avenue, Suite 400
Miami, FL 33172
Page 12 Order No. 92070-1431640-16
Who is providing this notice?
What we do
How does NATG protect my personal
information?
How does NATG collect my personal
information?
Why can't I limit all sharing?
What happens when I limit sharing for
an account I hold jointly with someone
else?
Definitions
Affiliates
Nonafflliates
Joint marketing
North American ntle Group, LLC Family of Companies (identified below),
which offers title insurance and settlement services and property and
casualty insurance
To protect your personal information from unauthorized access and use,
we use security measures that comply with federal law. These measures
include computer safeguards and secure files and buildings.
We collect your personal information, for example, when you
• Apply for insurance;
• Apply for financing;
• Give us your contact information
• Provide your mortgage information
• Show your government-issued ID
We also collect your personal information from others, such as credit
bureaus, affiliates, or other companies.
Federal law gives you the right to limit only . Sharing for affiliates' everyday business purposes -information
about your creditworthiness
• Affiliates from using your information to market to you
• Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit
sharing.
Your choices will apply to everyone on your account-unless you tell us
otherwise.
Companies related by common ownership or control. They can be
financial and nonfinancial companies.
• Our affiliat es include companies with a Lennar name; financial
companies such as Eagle Home Mortgage, Eagle Home Mortgage
of California, CalAtlantic Mortgage, Inc., and Rialto Capital
Management; and nonfinancial companies, such as Lennar
Corporation, Lennar Multifamily Companies, Lennar Commercial,
Lennar Homes USA, Lennar Family of Builders, CalAtlantic Homes,
Lennar Sales Corp., SPH Title, Inc., Sunstreet Energy Group, Five
Point Communities, WCI Communities, LLC, Watermark Realty
Referra l, Inc., and WCI Realty, Inc.
Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
• Nonaffiliates we share with can include collection agencies, IT
service providers, companies that perform marketing services on
our behalf, and consumer reporting agencies.
A formal agreement between nonaffiliated financial companies that
together market financial products or services to you.
• NATG doesn't jointly market.
The North American Title Group, LLC Family of Companies consists of t he following entities:
North American Title Company
North American Title Company, Inc.
North American Title Company of Colorado
North American Title Insurance Company
North American Services, LLC
North American Title Agency, Inc.
CalAtlantic Title, Inc.
CalAtlantic Title of Maryland, Inc.
Rev. NAT 8/24/15 Page 13
North American Abstract Agency
NASSA, LLC
North American Title, LLC
North American Advantage Insurance Services, LLC
North American National Title Solutions, LLC
North American Title Agency, LLC
CalAtlantic Title Atlanta, LLC
CalAtlantic ntle Charleston, LLC
Order No. 92070-1431640-16
CLTA Preliminary Report Form -Exhibit A (Rev. 05-06-16)
CLTA STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning
laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or
area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but 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; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate
or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage
and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of
the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by
the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the
public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may
be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a building;
b. zoning;
c. land use;
cl improvements on the Land;
e. land division; and
f environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit
the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Lancl
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or
similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Rev. NAT 8/24/15 Page 14 Order No. 92070-1431640-16
Covered Risk I 6:
Covered Risk I 8:
Covered Risk 19:
Covered Risk 21 :
Your Deductible Amount
I% of Policy Amount Shown in Schedule A or $2,500
( whichever is less)
I% of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
I% of Policy Amount Shown in Schedule A or $5,000
(whichever is less)
1% of Policy Amount Shown in Schedule A or $2,500
(whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Our Maximum Dollar
Limit of Liability
$10,000
$25,000
$25,000
$5,000
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by
reason of:
I. (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 ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under
Covered Risk 5.
(b) Any governmental police power. This Exclusion l(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 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the
state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from
Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B -Part II, [ t[ or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise
by reason of
[PART I
[Toe above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from
Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be
asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete
land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records. ]
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event
that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly 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 ofland; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion !(a) does not modify or limit the coverage provided under
Covered Risk 5.
Rev. NAT 8/24/15 Page 15 Order No. 92070-1431640-16
(b) Any governmental police power. This Exclusion l(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.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from
Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
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:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from
Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be
asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land
survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water,
whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY-ASSESSMENTS PRIORITY (04-02-15)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
1. (a) Any law, ordinance, 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 ](a) does not modify or limit the coverage provided under Covered
Risk 5, 6, 13(c), !3(d), 14 or 16.
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, !3(c), 13(d), 14 or 16.
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 11, 16, 17, 18,
19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the
state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in
Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has
Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or
limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This
Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable
building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Rev. NAT 8/24/15 Page 16 Order No. 92070-1431640-16
Veterans Park Preserve
Figure: Assessor Map 212.27
TRUE COPY CERTIFICATION
(Government Code 27361.7)
Place of Execution
I certify under penalty of perjury that this material ts a true copy of the
original material contained in this document.
-~--/ /7
Date
Rec.Form #RO 1 (f,cvisccJ 11-15-10)