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Home My WebLink AboutSDP 98-19; ; 2012-0437699; PropertyRECORDINnREQUeSTEDByi HRSrAMEiVCANTmi DOCtt 2G12-0437G99 This document is being processed for record First American Title as an accommodation on aid document has not been reviewed for accuracy, execution, or impact on title. JUL 27, 2012 8:00 AM WHEN RECORDED MAIL TO: OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ; n II EmesU. Dninenbujg.Ji., COUNTY RECORDER Manzanita Partners, LLC PEES- 45 oo 9612 , . - - _ - rttJ 1J.UU 9 3990 Ruffin Road, Suite 100 PAGES: 11 A\ SanDiego, CA 92123 \ Ane„.io„: Scon Ouprcc. Esq. lilllllillllHIiHIHIIIIIIIIIillM Space Above Line for Recorder's Use Only APN: 215-020-24 APN: 215-020-25 MEMORANDUM OF AGREEMENT The undersigned hereby certify the following: 1. The City of Carlsbad, a municipal corporation (the "City") and Manzanita Partners, L.L.C, a Califomia limited liability company ("Manzanita") entered into a Preserve Management and Funding Agreement ("Agreement") dated May 2, 2012. 2. Manzanita is the owner of two parcels of land located in the City of Carlsbad, County of San Diego, State of Califomia which are presently identified as Assessor Parcel 215-020-24 more particularly described in Exhibit A attached hereto and incorporated herein (the "Conservation Parcel") and Assessor Parcel 215-020-25 more particularly described in Exhibit B attached hereto and incorporated herein (the "Apartment Parcel"). 3. The Agreement sets forth certain obligations of Manzanita, or its successor-in- interest, as the owner of the Apartment Parcel with respect to the Conservation Parcel, including, but not limited to, acting as the Preserve Manager for the Conservation Parcel, as that term is defined in the Agreement. 4. The Agreement also sets forth certain obligations of the City to monitor the activities of the Preserve manager. IN WITNESS WHEREOF, the undersigned' have executed this Memorandum as of the dates set forth below. Manzanita Partners, L.L.C. a Califomia limited liability company By: ConAm Manzanita L.P., a Califomia limited partnership Managing Member By: Continental American Properties, Ltd., a Califomia limited partnership General Partner 9613 By: DJE Financial Corp., a Califomia corporation General Partner Name:' Title: Vice President Dated: State of Califomia) County of San Diego) JuJjUf3^.^0^ be iry PubliBi, personally appeared ictory evidence to be the personf On Notary who proved to me on the basis of satisfactory Evidence to be the pers(j^(s) whose name(^ is/atr-subscribed to the within instmment and acknowledged to me that he/9he/th«y executed the same in his/her^ir authorized capacity^tes), and that by his/hei/their signature(s) on the instrument the person(S)' or the entity upon behalf of which the pcrsofI(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the^ the foregoing paragraph is true and correct. WITNESS my hand and^fficial seal. jf Califomia that <'"'*i"<'Mion# 1810482 8m Oispo County s SIGNATURES CONTHMUED ON FOLLOWING PAGE 961d Don Neu, AICP, City Planner City of Carlsbad State of Califomia) County of San Diego) On TQVM 5^0V9l before me, KeU^ Korph<uN Notary Public, personally appeared Vl)on Kl-dvJ 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 PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JSlil!7Zm 11 DO k i II SISJHV "otaryPuMte-CaWomii Dated: '9>0 • l'^ EXHIBIT A 9615 See following page 9616 LEGAL OESCRIPTION Real property In the Qty of Carlsbad, County of San Diego, State of California, described as follows: PARCa 1: THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECnON 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERN/VRDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE OFRCIAL PLAT THEREOF, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALEFORNIA, ACCORDING TO OFHOAL PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TWE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23, THENCE NORTH 89° 36' 24" WEST ALONG THE SOUTHERLY UNE OF SECTION 23,1348.39 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTWWEST QUARTER OF AFOREMENTIONED SECTION 23; THENCE NORTH 00° 33' 10" WEST 1359.06 FEET ALONG THE WESTERLY BOUNDARY OF THE -SOUTOEAST-QtfARTER-OF-THE-SOUTHWeST-<50ARTERrOF-AFOREMENTIONeD^ A POINT OF IINTTERSECnON WITH A NON-TANGENT 320 FOOT RADIUS CURVE CONCAVE NOR'THWESTERLY, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF CASSIA RD AS TAKEN BY THE CnY OF CARLSBAD IN HNAL ORDER OF CONDEMNATION RECORDED FEBRUARY 12,1998 INSTRUMENT NO. 1998-0075111 OF OFRCIAL RECORDS, A RADIAL TO SAID POINT HAVING A BEARING OF NORTH 35" 3S 36" WEST THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17° 20' 15" AN ARC DISTANCE OF 95.83 FEET TO A TANGENT UNE THENCE NORTH 37° 04' 09" EAST ALONG SAID SOUTHERLY RIGHT OF WAY UNE 100.97 FEET TO A TANGENT 280 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 01' 31" AN ARC DISTANCE OF 44.11 FEET; THENCE LEAVING SAID CURVE SOUTH 43° 54' 21" EAST A DISTANCE OF 10.00 f=EET THENCE SOUTH 30° 48' 43" EAST A DISTANCE OF 49.26 FEET THENCE SOUTH 59° 11' 17" WEST A DISTANCE OF 20.00 FEET THENCZ SOUTH 30° 48' 43" EAST A DISTANCT OF 110.49 FEET THENCE SOUTH 40° 58' 01" EAST A DISTANCE OF 93.22 FEET THENCE SOUTH 89° 33' 56" EAST A DISTANCE OF 24.00 FEET THENCE SOUTH 35° 28' 20" EAST A DISTANCE OF 105.20 FEET THENCE SOUTH 57° 53' 18" WEST A DISTANCE OF 23.24 FEET THENCE SOUTH 32° 05' 42" EAST A DISTANCE OF 33.52 FEET THENCE SOUTH 32° 5S 41" EAST A DISTANCE OF 251.27 FEET THENCE NORTH 57° 34" 35" EAST A DISTANCE OF 84.95 FEET THENCE SOUTH 43° 19' 35" EAST A DISTANCE OF 81.61 FEET THENCE SOUTH 08° 42" 34" EAST A DISTANCE OF 65.63 reET THENCE SOUTH 16° 16' 07" EAST A DISTANCE OF 133.09 FEET THENCE SOUTH 19° 06' 12" EAST A DISTANCE OF 145.67 FEET THENCE SOUTH 24° 21' 23" EAST A DISTANCE OF 127.69 FEET THENCE SOUTH 85° 24' 48" EAST A DISTANCE OF 197.18 FEET THENCE NORTH 61° 28' 47" EAST A DISTANCE OF 76.59 FEET THENCE NORTH 60° 57' 21" EAST A DISTANCE OF 18.00 FEET TO A POINT OF INTERSECTION WFTH THE WESTERLY RIGHT OF WAY OF EL CAMINO REAL; AS SHOWN ON RECORD OF SURVEY 1800-1 SAID RIGHT OF WAY BEING 45° WESTERLY First American We Insurance Company 9617 OF AND PARALLEL WfTH AFOREMENTIONED CENTERUNE THENCE SOUTH 29° 02' 39" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 235.12 FEET TO A TANGENT 7045 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY THENCE SOUTHEASTERLY ALONG SAID CURVE, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY OF EL CAMINO REAL PER AFOREMENTIONED ROAD SURVEY 1800-1, THROUGH A CENTRAL ANGLE OF 02° 30' 02" AN ARC DISTANCE OF 307.46 FEET TO A POINT OF INTERSECTION WTTH THE EASTERLY UNE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23 THENCE SOUTH 00° 32' 21" WEST ALONG AFOREMENTIONED EASTERLY UNE OF SAID SOUTHEAST QUARTER OFTHE SOUTHWEST QUARTER OF SAID SECTION 23 A DISTANCE OF 83.75 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE OFRCIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF PARCEL MAP 1188 RECORDED DECEMBER 20, 1972 AS INSTRUMENT NO. 340334; THENCE EASTERLY ALONG THE SOUTHERLY UNE OFTHE AFOREMENTIONED PARCEL SOUTH 89° 32' 58" EAST 215.53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT 330° RADIUS CURVE CONCAVE SOLHHEASTERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 24° 10' 10" EAST, SAID POINT ALSO BEING THE POIf^TT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY OF CASSIA ROAD AS TAKEN BY THE CTTY OF CARLSBAD IN THE RNAL ORDER OF CONDEMNATION RECORDED FEBRUARY 12, 1998 AS INSTRUMEI^TT NO. 1998- 0075111 OF OFRQAL RECORDS; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, SAID CURVE ALSO BEING THE NORTHERLY RIGHT OF WAY OF CASSIA ROAD, THROUGH A CENTKAL ANGLE OF 28° 45' 41" AN ARC LENGTH OF 165.65 FEET TO A POINT OF TANGENCY; THENCE SOUTH 37° 04' 09" WEST 100.97 FEET ALONG SAID TANGENT, ALONG SAID NORTHERLY RIGHT OF WAY OF CASSIA ROAD TO THE BEGINNING OF A TANGENT 270 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9° 07' 50" AN ARC DISTANCE OF 43.03 FEET TO A POINT OF INTERSECTION WFm THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; A RADIAL UNE TO SAID POINT BEARS NORTH 43° 48" 01" WEST; THENCE NORTH 00° 33" 10" EAST 216.55 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECHON 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE OFRCIAL PLAT THEREOF, MORE Rrst American Title Insurance Company 9618 PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE SOUTH 00° 32' 21" WEST 1060,38 FEET ALONG THE EASTERLY UNE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER TO A POINT OF INTERSECTION WITH A NON-TANGENT 6955 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY HAVING A RADIAL BEARING OF NORTH 59° 39* 30" EAST; SAID CURVE ALSO BEING 45 FEET DISTAf^T FROM AND CONCENTRIC WrPH THE CENTERUNE OF EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1; THENCE NORTHWESTERLY ALONG SAID 6955 FOOT RADIUS CURVE CONCEimiC WfTH AND 45 FEET NORTHEASTERLY ROM SAID CENTERUNE OF EL CAMINO REAL THROUGH A CENTRAL ANGLE OF 01° 17' 51" AN ARC DISTANCE OF 157.50 FEET TO A .POINT OF TANGENCY, THENCE NORTH 29° 02' 39" WEST PARALLEL WITH AND 45 FEET NORTHEASTERLY OF SAID CENTERUNE A DISTANCE OF 241.45' TO THE BEGINNING OF A TANGENT 1437 FOOT TANGENT CURVE CONCAVE NORTHEASTERLY. THENCE NORTHERLY ALONG SAID 1455 FOOT RADIUS CURVE CONCENTRIC WITH AND 45 FEET NORTHEASTERLY OF THE CENTERUNE OF EL CAMINO REAL THROUGH A CENTRAL ANGLE OF 29° 24' 11" A DISTANCE OF 746.68 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY UNE OF THE SOUTHEAST QUARTER OF THE SQUTHWEST QUARTER; SAID POINT OF INTERSECTION HAVING A RADIAL BEARING OF NORTH 89° 38' 28" WEST; THENCE LEAVING SAID CURVE AND SAID RIGHT OF WAY, SOUTH 89° 31' 53" EAST 388.17 FEET ALONG THE NORTHERLY UNE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER TO THE POINT OF BEGINNING. THE ABOVE MENTIONED LEGAL IS PURSUANT TO THE CERTIRCATE OF COMPUANCE RECORDED ON APRIL 22, 2004 AS INSTRUMENT NO. 2004-350986 OF OFFICIAL RECORDS. 9619 EXHIBIT B Attach legal description PARCEL 4: THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST QUARTER OF THE ' Q A fl SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN 5^ O C U BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE OFRCIAL PLAT THEREOF, AND THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23. TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO OFRCIAL PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23, THENCE NORTH 00° 32' 21" EAST 83.75'FEET ALONG THE EASTERLY UNE OF SOUTHEAST QUARTER OF THE SOLTTHWEST QUARTER OF SECTION 23, TO A POINT OF INTERSECnON WTTH A NON-TANGENT 7045 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT OF INTERSECTION HAVING A RADIAL BEARING OF NORTH 58° 27 19" EAST, SAID CURVE ALSO BEING THE WESTERLY RIGHT OF WAY OF EL CAMINO REAL AS PER RECORD OF SURVEY 1800- 1, BEING 45 FEET WESTERLY OF AND PARALLEL WFTH SAID CENTERUNE OF SAID ROAD SURVEY; THENCE ALONG SAID RIGHT OF WAY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2° First American We Insuranoe Company 9621 30' 02" AN ARC LENGTH OF 307.46 FEET TO A TANGEWT UNE HAVING A BEARING OF NORTH 29° 02' 39" WEST; THENCE 235.12 FEET ALONG SAID LINE TO A POINT ON SAID WESTERLY RIGHT OF WAY UNE OF EL CAMINO REAL, TO THE TRUE POINT OF BEGINNING, THENCE LEAVING SAID WESTERLY RIGHT OF WAY UNE SCXJTH 60° 57' 21' WEST 18.00 FEET; THENCE SOUTH 61° 28' 47" WEST 76.59 FEET; THENCE NORTH 85° 24' 48" WEST 197.18 FEET; THENCE NORTH 24° 21' 23" WEST 127.69 FEET; THENCE NORTH 19° 06' 12" WEST 146.67 FEET; THENCE NORTH 16° 16' 07" WEST 133.09 FEET; THENCE NORTH 08° 42' 34" WEST 65.63 FEET; THENCE NORTH 43° 19' 35" WEST 81.61 FEET; THENCE SOUTH 57° 34' 35" WEST84.95 FEET; THENCE NORTH 32° 55' 41" WEST 251,27 FEET; THENCE NORTH 32° 06' 42" WEST 33.52 FEET; THENCE NORTH 57° 53' 18" EAST 23.24 FEET; THENCE NORTH 35° 28' 20" WEST 105.20 FEET; THENCE NORTH 89° 33" 56" WEST 24.00 FEET; THENCE NORTH 40° 58' 01" WEST 93.22 FEET; THENCE NORTH 30° 48' 43" WEST 110.49 FEET; THENCE NORTH 59° 11' 17" EAST 20.00 FEET; THENCE NORTH 30° 48' 43" WEST 49.26 FEET; THENCE NORTH 43° 54' 21'WEST 10.00 FEET TO A POm OF INTERSECTION WITH A NON TANGENT 280 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF CASSIA RD AS TAKEN BY THE CTTT OF CARLSBAD IN RNAL ORDER OF CONDEMNATION RECORDED FEBRUARY 12, 1998 INSTRUMENT NO. 1998-0075111 OF OFRQAL RECORDS; SAID POINT TO HAVING A RADIAL BEARING OF SOUTH 43 DEGREES 54'21" EAST TO SAID CURVE THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44° 21' 23" AN ARC LENGTH OF 216.77 FEET TO A UNE TANGENT TO SAID CURVE HAVING A BEARING OF SOUTH 89° 32' 58" EAST THENC£ ALONG SAID UNE 470.89 FEET, SAID UNE ALSO BEING THE SOUTHERLY RIGHT OF WAY OF CASSIA ROAD AS TAKEN BY THE CTTY OF CARLSBAD IN RNAL ORDER OF CONDEMNATION NUMBER 68254-1 RECORDED APRIL 12, 1996 INSTRUMENT NO. 1996- 0181733 OF OFRCIAL RECORDS TO A TAN6EIVT 280 FOOT RADIUS CURVE CONCAVE SOUTHERLY THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 49* 36" AN ARC DISTANCE OF 8.93 FEET TO A UNE TANGENT TO SAID CURVE HAVING A BEARING OF SOUTH 87° 43' 22" EAST THENCE ALONG SAID UNE 18.06 FEET TO AN ANGLE POINT IN SAID RIGHT OF WAY THENCE SOUTH 41° 17' 25" EAST A DISTANCE OF 43.07 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT 1558 FOOT RADIUS CURVE CONCAVE EASTERLY SAID POINT HAVING A RADIAL BEARING OF SOUTH 79° 38* 44" EAST THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1° 56' 27" AN ARC DISTANCE OF 52.78 FEET TO A POINT OF INTERSECTION WITH A COMPOUND NON-TANGENT 1205 FOOT RADIUS CURVE CONCAVE EASTERLY SAID POINT OF INTERSECTION HAVING A RADIAL BEARING OF SOUTH 84° 36'47" EAST TO SAID 1205 FOOT RADIUS CURVE THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGl£ OF 8° 48' 36" AN ARC DISTANCE OF 185.29 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT 1545 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID POINT OF INTERSECTION HAVING A RADIAL BEARING TO SAID 1545 FOOT RADIUS CURVE OF SOUTH 88° 24' 34" EAST, SAID CURVE ALSO First American We Insurance Company 9622 BEING THE WESTERLY RIGHT OF WAY OF EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 BEING 45 FEET WESTERLY OFTHE CENTERUNE OF SAID ROAD SURVEY THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30° 38' 06" AN ARC DISTANCE OF 826.08 FEET TO A TANGENT UNE HAVING A BEARING OF SOUTH 29° 02' 39" EAST THENCE ALONG SAID LINE A DISTANCE OF 6.32 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE MENTIONED LEGAL IS PURSUANTTO THE CERTIRCATE OF COMPUANCE RECORDED ON APRIL 22, 2004 AS INSTRUMENT NO. 2004-350987 OF OFFICIAL RECORDS. Rrst American We Insurance Company RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Manzanita Partners, LLC 3990 Ruffin Road, Suite 100 San Diego, CA 92123 Space Above Line for Recorder's Use Only APN: 215-020-25 PRESERVE MANAGEMENT PLAN AND FUNDING AGREEMENT MANZANITA APARTMENT PROJECT March 2012 (Executed) Prepared by: k Jack Henthorn & Associates Land Use Planning Consultants PO Box 237, Carlsbad, CA 92018-0237 Contact: Jack Henthorn, (760) 438-4090 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 TABLE OF CONTENTS Section Page No. I. INTRODUCTION 1 Purpose of Inclusion of the Preserve area in the HMP 1 Preserve Area History 1 Purpose of this Management Plan 2 II. PRESERVE AREA DESCRIPTION 2 Geographic Setting 2 Soils 2 Preserve Area Boundaries and Historic/Adjacent Land Use 5 Ownership and Legal Description 5 Conservation Easement Compliance 5 III. HABITAT AND SPECIES DESCRIPTION 5 Vegetation Communities, Plant Species, Wildlife Species, and Species covered by the HMP and other Sensitive Species 5 Threats 7 IV. MANAGEMENT AND MONITORING GOALS 7 Biological Goals 9 Public Use Goals 13 Fire Management Goals 13 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 V. ADAPTIVE MANAGEMENT 13 VI. ADMINISTRATION AND REPORTING 14 Annual Summary, Work Plans, and Preserve Management Plan 14 Data Management 14 Communication and Coordination 14 Management Funding Analysis (MFA) and Endowment Management 14 Transfer of Ownership / Obligations 15 Reasonable Prevention of Trespass 16 Operations and Staffing 16 VII. NOTICES/CONTACT INFORMATION 17 REFERENCES 23 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 RGURES Figure Page No. Figure 1 - Regional Map 3 Figure 2 - Vicinity Map 4 Figure 3 - Bio Resources Map on Proposed Site Development 6 Figure 4 - Fencing Location 12 TABLES Table Page No. Table 1 - Target Exotic/Weed Species to be eradicated 8 EXHIBITS Exhibit Page No. Exhibit A, Plat of Dedication of Conservation Easement 24 III Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 i. INTRODUCTION Purpose of inclusion ofthe Preserve area in the HMP As part ofthe approval process for the Manzanita Apartment Project (Subject Property), Manzanita Partners, L.L.C. (Manzanita Partners) granted a Conservation Easement as depicted on Exhibit A, to provide mitigation for certain impacts ofthe Manzanita Apartment Project pursuant to the Mitigated Negative Declaration adopted by the City of Carisbad, SCH No. 99051009, and the Mitigation Plan created thereunder. 32.09 acres is reserved by easement to conserve the biological open space for the purpose of preserving and enhancing resource values. In addition, the City of Carlsbad approved site development plan, SDP-98-19, and imposed Condition Number 33 of Planning Commission Resolution 4620, dated September 15,1999, which generally states: a) continued ownership by the Developer or it's successors in interest in open space until some future date at which time ownership will be transferred to the City or its designee for perpetual maintenance; b) while in continued private ownership, active maintenance to protect and preserve the quality ofthe habitat (including but not limited to reasonable prevention of trespass); and, c) transfer of ownership and maintenance responsibility at some future date to the City or its designee simultaneously with transfer of funding or other acceptable financial mechanism to provide for management and conservation in perpetuity. Additionally, the 32.09 acres has been designated as an open space preserve to protect habitat for the coastal California gnatcatcher, protect Del Mar Manzanita, and to protect vernal pools. The management objectives of this Preserve Management Plan and Funding Agreement are to provide a long term plan for the maintenance and management ofthe conservation area, outline the biological goals, and state the responsibilities ofthe parties involved. Preserve Area History The United States Army Corp of Engineers issued a Nationwide Permit Authorization, Permit Number 98-2025500-DZ, on April 4,1999. The Corp of Engineers has determined that the activity complies with the terms and conditions of nationwide permit NW 14 [Federal Register, December 13,1996, pp. 65874 - 65922] for fills for roads crossing waters of the United States. The United States Fish and Wildlife Service issued a Biological Opinion No. 1-6-99F-063, on October 21,1999, in relation to the Subject Property. A Conservation Easement Deed with Manzanita Partners, L.L.C. as the Grantor, and the City of Carlsbad as the Grantee, was recorded October 24,2003, as Document Number 2003- 1303922.The Conservation Easement consists of three parcels as shown on Exhibit A. The three Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 parcels come to a total of 32.09 acres; parcel 1 is 5.68 acres, parcel 2 is 0.45 acres, and parcel 3 is 25.96 acres. An Irrevocable Offer to Dedicate Real Property with Manzanita Partners, L.L.C. as Grantor, grants to the City of Carlsbad an easement and right-of-way for an open space easement, recorded January 28,2004, as Document Number 2004-0068199. The Subject Property is a Hardline area within the Habitat Management Plan (HMP). Purpose of this Management Plan The plan guides management 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. The Basis for the proposed activities and funding is found in "Management Funding Analysis" (MFA), on file in the City of Carisbad Planning Department. II. PRESERVE AREA DESCRIPTION Geographic Setting The Manzanita Partners property is divided by El Camino Real approximately 1.5 miles south of its intersection with Palomar Airport Road, in the southern portion ofthe City of Carisbad, San Diego County, California (Figure 1). The property is situated in the northeast corner ofthe USGS 7.5 minute Encinitas quadrangle and the southeast corner ofthe USGS 7.5 minute San Luis Rey quadrangle (Figure 2). Elevations on the site range from about 220 feet above mean sea level (amsl) at the western end of the property to about 330 feet amsl at the eastern portion of the property. El Camino Real divides the property into a larger western and a smaller eastern portion. Extensive vacant land occurs east ofthe site across El Camino Real. (Dudek, 1998). Soils Soils mapped for the property include Huerhuero loam; Loamy alluvial land-Huerhuero complex, severely eroded; and Chesterton fine sandy loam (Dudek, 1998). See Biological Resources Report and Impact Assessment, Manzanita Partners Property by Dudek & Associates, December 21,1998, on file in the City of Cadsbad Planning Department, for full description of soil types. Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 Orange County San Oiego Imperial Beach r-8Miles Tijuana Manzanita Partners Properties - Bioiogical Resources Report & Impact Analysis Regional Map FIGURE BASE MAP SOURCE: USGS 7.5 Minute Series, Encinitas & San Luis Rey Quadrangles V-2000' Manzanita Partners Properties - Biological Resources Report & Impact Analysis Vicinity Map FIGURE Preserve Area Boundaries and Historic/Adjacent Land Use See Exhibit A for Preserve Area Boundaries. The Subject Property was historically used as a nursery in the northern portion. Existing apartment projects are adjacent to the north and east. Existing single-family homes are adjacent to the south. A new residential project is anticipated to be built to the immediate west. The property is traversed by an SDG&E transmission line, which will remain on the property. Ownership and Legal Description The Subject Property consists of two parcels: 215-020-24 and 251-020-25. Both of the parcels are under the ownership of Manzanita Partners L.L.C., 3990 Ruffin Road, Unit 100, San Diego, CA 92123-4805. All three ofthe conservation easement parcels have been remapped by the San Diego County Assessor and are now mapped as Assessor Parcel 215-020-24. Assessor Parcel 215-020-25 is assigned to the apartment community known as The Tradition, which is under the management of ConAm Management Corporation, 3990 Ruffin Road, Suite #100, San Diego, CA 92123, Phone: (858) 614-7200, Fax: (858) 614-1646, email: SoCal@ConAm.com. Conservation Easement Compliance The recorded Conservation Easement provides a list of permitted and prohibited uses ofthe land. The Preserve Contractor must monitor the preserve, insofar as the MFA provides, ensuring that the Owner and Preserve Manager are not violating the conditions of the Conservation Easement. The Conservation Easement Deed and compliance conditions are on file in the City of Carlsbad Planning Department. III. HABITAT AND SPECIES DESCRIPTION Vegetation Communities, Plant Species, Wildlife Species, and Species covered by the HMP and other Sensitive Species See Biological Resources Report and Impact Assessment, Manzanita Partners Property by Dudek 8t Associates, December 21,1998, on file in the City of Carisbad Planning Department, for a full description of flora and fauna. See City of Carisbad HMP Covered Species Present within Manzanita Partners Open Space Area on file in the City of Carlsbad Planning Department. See Figure 3, Bio Resources Map on Proposed Site Development, to understand development envelope in relation to vegetation communities. Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 VEGETATION TVPES: |j:SSj Coastal Sage Scrab Southem Maritime Chaparral SMC \ CBS Coyote Brush Scrub I LOW I Coast Live Oak Woodland |WET| Seasonal Wetland Vemal Pool (witti ID number) Annual Grassland AGL jEUCj Eucalyptus Woodland DH I Disturbed Habitat iDEVj Developed Land MOTE A lower case'(fin front of a vegetation type des^nator indlcaies that ft b disturiied. SENSmVE PLAMT SPECIES: Antosbphyhs glandulosa - So Brodiaea orartta Ci Comarostaphylis dh/vrsUbSa cr Conthmgynefih^i^hlia m. llnlfdiia Cr Ceanothus verrucosus Sc Selaginelb cinerascens NOTE: Numbers indicate individual plant counts at that locatioa SEMSmVE ANIMAL SPECIES: CAGN Califomia gnatcatcher 200 Scole in Feet Manzanita Partners Properties - Biological Resources Report & Impact Analysis Biological Resources Map HGURE 3 Threats There are three main threats to the conservation area that are the main focus ofthe maintenance and management plan; weeds, trespassing, and trash. Weeds and exotic plant growth are to be controlled to avoid invasion into the conservation area and the restored vernal pools. See Table 1 for a list of Target Exotic/Weed Species to be eradicated within restoration and enhancement areas. The Owner shall provide and the Preserve Manager shall maintain the 3-strand wire fencing in the general location delineated on Figure 4 to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Subject Property. Fencing and signage are to preclude vehicle and human access into conservation area. The Owner will execute a General Enforcement Authorization Agreement with the Carlsbad Police Department for the purpose of allowing entry for the enforcement of Federal, State and Local laws Trash removal is necessary for all conservation parcels, but more specifically for the eastern vernal pool parcel due to the proximity to the El Camino Real thoroughfare and the prevailing onshore wind that will blow trash into the conservation area. The threats to the conservation area are further addressed in the maintenance and management plan, and the Biological Goals mentioned in Section IV. While the possible threat of fire exists, there is no recent history of occurrence on this site. IV. MANAGEMENT AND MONITORING GOALS The Preserve Manager, pursuant to this Preserve Management Plan, is the Owner's (Manzanita Partners, or successor) designated Preserve Contractor. In the event that the Subject Property is sold, the role of Preserve Manager will transfer to the new owner's designated Preserve Contractor with all obligations set forth herein. The initial Preserve Contractor is to be Habitat Restoration Services, Inc. (HRS) or a landscape preserve contractor with an equal ability to manage sensitive habitat, as approved by the City of Carlsbad, in approving the Preserve Contractor, the City is also designating the Contractor as Preserve Manager. The Preserve Manager will be the designated Preserve Contractor up until the time the City of Carlsbad or another entity is granted or accepts the responsibility. The Preserve Contractor is to monitor and maintain the conservation area. In addition, the Preserve Contractor is to conduct inspections and report on the conservation effort, and maintain records management. The Owner will manage the Preserve Contractor who will provide an Annual Summary to the City of Carlsbad, including the owners account status report and a projection of activity for the next year The activities of the Preserve Manager will be monitored by the City of Carlsbad, U.S. Fish and Wildlife Service and the California Department of Fish and Game (agencies). In the event that the agencies determine that the obligations of this agreement are not being met they shall notify the Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 TABLE 1 Target exotic/weed species Common Name Botanic Name Mustard Hirschfeldia Incana Italian Thistle Carduus Pycnocephalus Spiny Sowthistle Sonchus Asper Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 Preserve Manager and provide a copy ofthe notification to the Owner. The Owner shall contact the Preserve Manager and review the Manager's proposed response to the notification. In the event that the Manager is non-responsive or found to be in violation of the terms of the Owner/Manager agreement, the Manager may be replaced by the Owner in consultation with the agencies, subject the original scope of work and budget. Biological Goals The biological management goals for the preserve area are predicated on the annual budget per the Management Funding Analysis (MFA), on file in the City of Carisbad Planning Department. Due to budgetary constraints this Preserve Management Plan will rely on volunteer labor for weed control and trash control. The volunteer labor is anticipated to be provided by, for example, local grassroots organizations, environmental organizations, and scout troops. Oversight of this work force will be coordinated with private and public agencies by the preserve manager. The main goal is to preserve the vernal pools on the eastern parcel. In doing so, a main concern is weed control in or near the pools. Weed control is to occur in phases by a volunteer work force, eradicating as many weeds as possible in a given area based on volunteer labor hours available. The phasing is necessary since the weed eradication on the entire subject property cannot be accommodated with the budget allocated. The second goal is to collect as much trash as possible on the eastern parcel with a volunteer labor workforce. The third goal is to prevent unauthorized trespass into the open space lot by maintaining the three-strand wire fencing and no-trespassing signage. Additionally, the MFA budget provides for the hauling of debris and the disposal of trash. The remainder ofthe MFA budget is for project management, inspections, reporting, contingency, and reserves. In order to meet the biological goals the tasks below are to be accomplished as per the MFA, subject to the fund earnings and initial 5-year Owner Contributions. In the event that the fund earnings do not cover the tasks within the MFA then the Preserve Manager is to advise of the highest priority tasks and under no circumstance is the owner required to supplement funding beyond the initial endowment and 5-year Owner Contributions, os defined is section VI below, to meet the objectives of the Preserve Management Plan. Preserve Management is to include all management and coordination tasks to insure proper inspection, maintenance, monitoring, and reporting of conservation area. The Preserve Manager will inspect the conservation area on an annual basis, coordinate and manage the work to be accomplished, and provide an Annual Summary to the City of Carlsbad and the Owner. Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 Fencing is to be inspected on an annual basis and maintenance or repair is to be coordinated to insure trespassing is avoided by vehicle and human traffic. Signage notifying the public that the area is a conservation area and trespassing is prohibited is to be installed and maintained. Signage is to be installed at areas where trespassing may occur. A rare plant survey is to be conducted by a Plant Biologist every 10 years. A report on the survey from the Plant Biologist will be included in the Annual Summary. The rare plant survey will need to be provided to the City of Carlsbad in a form that meets City requirements. The City of Carisbad and other public regulatory agencies are authorized to enter the preserve area to conduct surveys subject to providing advance notice to the preserve manager and execution of appropriate hold harmless agreements. Vegetation mapping from the Plant Biologist will be provided to the Preserve Manager to be included in the Annual Summary. The vegetation mapping will need to be provided to the City of Carlsbad in a form that meets City requirements. A California gnatcatcher (CAGN) survey is to be conducted by a Wildlife Biologist every 10 years. The survey from the Wildlife Biologist, managed by the Preserve Manager, will be included in the Annual Summary. The CAGN survey will need to be provided to the City of Carisbad in a form that meets City requirements. Under the management ofthe Preserve Manager, trash collection will be provided by a volunteer workforce. Volunteer trash collection can be collected on an as-needed basis, however the MFA has budgeted the Project Management ofthe trash collection on an annual basis. The Preserve Manager is to advise the volunteer workforce ofthe concern with human foot traffic on sensitive ecology in the conservation area. The Preserve Manager will coordinate the debris disposal with a waste management contractor. Under the management of the Preserve Manager, weed control will be provided by a volunteer workforce. Volunteer weed control can be accomplished on an as-needed basis, however the MFA has budgeted the Project Management ofthe weed control on an annual basis. Weed control is to occur in phases by a voluntary workforce, eradicating as much weeds as possible in a given area based on volunteer labor hours available. The phasing is necessary since the weed eradication on the entire subject property cannot be accommodated with the budget allocated. The Preserve Manager has commissioned a Weed Puller Guide ofthe weed species that are most invasive or create the greatest threat to the conservation area. The Weed Puller Guide has been produced as a picture-book for the ease of weed identification for the lay person. The Preserve Manager is to advise the volunteer workforce ofthe concern with human foot traffic on sensitive ecology in the conservation area. It will be the Preserve Manager's decision to determine ifthe eradicated weeds can be mulched or composted on site, or if a waste collection contractor is necessary to haul the plant material offsite. 10 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 Preserve Manager is to obtain a Financial Account ofthe Fund from the Fund Manager (Owner) and add the Financial Account to the Annual Summary that is to be provided to the City of Carlsbad. Preserve Manager is to provide an Annual Summary to the City of Carisbad summarizing the site condition and work performed. Funding The Preserve Management Fund (Fund) in the amount of $51,000 is based on a cost per acre established in the Conditions of Approval for the Manzanita Apartment project. The interest income from the endowment Fund will provide the basic maintenance for the conservation area. All tasks proposed by this Preserve Management Plan are based on projected non-wasting endowment revenues, and supplemented by an initial 5-Year Owner Contribution Plan, as noted in the MFA, of $2,500.00 per year. Fencing Fencing on the western and eastern parcel is to be installed at certain critical access points of human trespass. The installation of fencing along the complete border of the parcel poses an impact to mature vegetation, therefore certain select areas have been delineated for fence installation to avoid habitat destruction by the fence installation construction crew and construction equipment. Initial installation of a 3-strand wire fence will be provided by the Owner and installed in the general location depicted on Figure 4. 11 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 MANZANITA PARTNERS OPEN SPACE FENCING March 16,2012 FIGURE Public Use Goals Public use is not authorized for either the western or eastern preservation parcels. Public use is not compatible with the vernal pool management on the eastern parcel due to the fragility of the area and potential destruction by public foot traffic. Public Use is not currently planned for nor considered to be a part of this Preserve Management Plan. Such use is not anticipated while the preserve area is under private ownership. Fire Management Goals The Subject Property was required to provide Fuel Protection Zones for the western parcel on the area just west ofthe apartment development. The Fuel Protection Zones are three twenty- foot zones adjacent to the housing structures to provide fire protection through fire-resistant landscaping. The fuel protection zones are along the westerly facing slopes ofthe western parcel at the southern end of the development. The Fuel Protection Zones are under the management and maintenance of the apartment property manager and are not a part of this Preserve Management Plan, nor a responsibility of the Preserve Manager. While there is no recent history of fire activity on this site, in the event of a need for Fire Department parking on or near the preservation area, it is advised that the Fire Department park on the existing easement roads. On the western parcel there are dirt access easement roads for the maintenance of the San Diego Gas & Electric (SDG&E) power lines. On the eastern parcel there is a dirt road Just to the east ofthe property which is an access easement for the maintenance of an SDG&E gas pipeline and overhead electrical wires. V. ADAPTIVE MANAGEMENT Adaptive management requires adjusting management strategies and activities to reflect changes in the resources being managed overtime. Therefore, periodic monitoring ofthe onsite resources is needed to gather information in order to make appropriate management decisions. The restored Vernal Pool area on the east side of El Camino Real will be closely monitored by the Preserve Manager and any updated management strategy recommendations will be contained in the annual reports required by the agreement. These reports and strategy recommendations will be considered by the City of Carisbad and direction will be provided to the Preserve Manager/Contractor. 13 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 VI. ADMINISTRATION AND REPORTING Annual Summary, Work Plans, and Preserve Management Plan Site-specific reports and annual work plans will be prepared and retained by the Preserve Manager and submitted to the City on an annual basis as an Annual Summary. The Preserve Management Plan is to be updated on an as-needed basis by the Preserve Manager to include any maps and graphics necessary to support the reports. A report detailing the income and expenses related to the Preserve Management Fund shall be prepared and submitted to the City of Carlsbad annually. The Preserve Management Fund is to be managed by the Owner who will provide an annual accounting to the Preserve Manager for incorporation into the Annual Summary of the conservation area as an attachment. The Annual Summary ofthe Preserve Management Plan maintenance, operations, and fund account are to be submitted to the City of Carisbad no later than March 31 for the prior calendar year, with the first Annual Summary due March 31, 2013. Data Management Per the MFA, and subject to budgetary funds availability a rare plant survey and a California gnatcatcher survey are to be accomplished every 10 years, under the supervision and management ofthe Preserve Manager. The surveys and mapping, subject to budgetary funds available, are to be conducted and reported to the City of Carlsbad when completed and in a format the City requests. Communication and Coordination Up until the time the conservation area is transferred to the City or a third-party environmental management organization for perpetual maintenance and management, the Preserve Manager will coordinate the communication between the parties and ongoing activities for the property. Management Funding Analysis (MFA) and Endowment Management Manzanita Partners shall establish a Preserve Management Fund (Fund), also known as an endowment fund that will run with the land in the initial amount of $51,000. In addition, Manzanita Partners will provide the annual management cost, outlined in the MFA, in an amount of $2,500 per year for the first five years, to be termed the 5-Year Owner Contribution Plan. The $2,500 is projected to exceed the maintenance and management as proposed in the MFA. The $51,000 is to be invested in a 30-year Treasury bill, or similar investment with similar risk, which will accrue interest that will be used to cover the annual maintenance and management cost during the period following the initial 5-year period. The $51,000 principal investment is expected to earn approximately $1600 per year based on a 30 year Treasury Bill yield of approximately 3.15 percent. 14 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 The MFA for year 6 and beyond, with a budget of $1,600 will remain as the management scope and budget, with any unused monies to be placed in a reserve account. The reserve account is to be used on an as-needed basis for the highest priority maintenance and/or management item(s), which may or may not be described within the MFA. The Preserve Manager is to recommend priority maintenance and management item(s) to be approved by the City of Carlsbad. In the event that the reserve account exceeds ten times the annual operating budget, subject to the approval ofthe City, then the Preserve Management Plan can be revised bythe Preserve Manager to best preserve the conservation area, and/or all or a portion ofthe reserve account monies can be invested to increase annual interest. If the fund earnings do not cover the tasks within the MFA then the Preserve Manager is to advise ofthe highest priority tasks and under no circumstance is the Owner required to supplement funding beyond the initial $51,000 endowment and 5-year Owner Contributions to meet the objectives of the Preserve Management Plan. The Preserve Manager will then have the authority, in consultation with the City of Carlsbad, to reduce maintenance and/or management for that year. No portion ofthe principal amount ofthe Preserve Management Fund, or the 5-Year Baseline Funding Amount shall be expended without the specific authorization of the City of Carlsbad. The Preserve Manager shall have the authority to draw all monies in excess ofthe 5-Year Baseline Funding Amount per year from the Fund revenue account to fund management and maintenance activities associated with the conservation area. Manzanita Partners (Owner) will be the Fund Manager up until the time that the Fund and conservation area is transferred or managed by another entity that the City agrees to and Manzanita Partners, LLC is released from any further responsibility with respect to the conservation area and the fund. Transfer of Ownership / Obligations In the event that the City may never affect a transfer of ownership relating to the open space lot, Manzanita Partners may transfer its obligation under this Preserve Management Plan to a subsequent purchaser of the property or to a third-party environmental management organization at anytime after the required endowment has been funded and put into place, subject to the approval ofthe City Planner which shall not be unreasonably withheld. Upon the funding ofthe endowment, the City shall provide a written release to Manzanita Partners, or its successor, regarding all activities related to Condition No. 33 of Planning Commission Resolution 4620. 15 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 The City of Carlsbad may exercise its ability to take ownership ofthe land covered by the conservation easement, and within 120 days ofthe receipt of a written request from the City of Carisbad, Manzanita Partners, or its successor shall transfer ownership and the obligation ofthe preserve management and operations underthis Preserve Management Plan to the City or its designee. In conjunction with the ownership transfer, this Preserve Management Plan shall be amended to address any changed circumstances, including, but not limited to, the release of Manzanita Partners, or it's successor, from any and all responsibilities with respect to the land subject to the conservation easement and the Preserve Management Plan. Reasonable Prevention of Trespass The installation ofthe fencing bythe Owner, and fence maintenance bythe Preserve Manager, as depicted on Figure 4, shall be deemed adequate to fulfill the Grantor's duties stated in the Conservation Easement Deed as, ".. .shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the conservation values of the Property." Operations and Staffing The operations and staffing are described within this Preserve Management Plan and the MFA. If the fund earnings do not cover the tasks described in the Preserve Management Plan and the MFA then the Preserve Contractor is to advise ofthe highest priority tasks and under no circumstance is the Owner required to supplement funding beyond the initial $51,000 endowment and 5-year Owner Contributions to meet the objectives ofthe Preserve Management Plan. The Preserve Manager will then have the authority, in consultation with the Director ofthe Environmental Management Department ofthe City of Carlsbad, to reduce maintenance and/or management for that year and report on the changes in the Annual Summary. 16 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 VII. NOTICES / CONTACT INFORMATION Correspondence and notices relating to the Preserve Management Plan should be addressed as follows: A) Preserve Contractor Habitat Restoration Sciences, Inc., aka HRS Mark Girard, President 4901 El Camino Real Blvd., Suite D Carlsbad, CA 92008 Phone: (760) 479-4210 Fax: (760) 479-4190 Cell: (760) 519-7230 Email: info@hrs.dudek.com B) Owner/ Preserve Manager / Fund Manager Manzanita Partners, L.L.C. Attn: Ralph W. Tilley and E. Scott Dupree 3990 Ruffin Road Suite #100, San Diego, CA 92123 Phone: (858) 614-7200 Fax: (858) 614-1646 Email: rtilley@conam.com sdupree@conam.com 17 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 C) City Habitat Management Program (HMP) Department City of Carlsbad Property and Environmental Management Department Mike Grim, Senior planner, HMP coordinator 1635 Faraday Ave. Carisbad, CA 92008 Phone: (760) 602-4623 Fax: (760) 602-8562 Email: hmp@carisbad.ca.gov 18 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 Submitted by: MANZANITA PARTNERS, L.L.C. a California limited liability company By: ConAm Manzanita LP., a California limited partnership its: Managing Member By: Continental American Properties, Ltd., a California limited partnership its: General Partner By: DJE Financial Corp., a California corporation its: General Par Approved this 3.nA dav of 2012 i2n. '1. Don Neu, AICP, City Planner City of Carlsbad Jarte^obaldi, Assistant City Attorney City of Carlsbad 19 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 State of California County of San Diego before me.\{A\liJ( f) hO'CcnuQi'^ Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence On %ll H U\l. to be the personi^ whose n"ame()0(i^afe subscribed to the within instrument and acknowledged to me that(fii|/she/thEy executed the same in(fi]^/hef/their authorized capacity(il6), and that b\(^^her/their signatureTfjO on the instrument the person^ or the entity upon behalf of which the person|)i(f acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal LAUREN A. O'CONNOR ConmlMlofl # 1882970 Notary PuMc-CaWomia San Oiofo County « 20 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 State of California County of San Diego On LOn^QjA ol, Q^0^^ ^nr>) Neu . before me, Sh€^Wl^lv^ CoVvif^otarv Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the persoD(9) whose name(»)(Is}^i:e-subscribed to the within instrument and acknowledged to me that(fe)^sbe/they executed the same in ^ji^cr/thcir-authorized capacityftes)r, and that b/h^her/their- signature(s)Tjn the instrument the person(s) or the entity upon behalf of which the person.(«facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. I "' - • SHEILA RENAE COBIAN Commission # 1848471 Notary Public - California i j '^^gfe^ San Oiego County 5 ^ 'jO'I""- ^*^>">^ Majf 10.2013 ^ mm 21 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 State of California County of San Diego On '-W\cx.^ 3, 0..^ before mej5^il(^nr\.i CcblPNotarv Public, personally appeared Jaj^e (W>b?L\rl| , who proved to me on the basis of satisfactory evidence to be the persoafsfwhose namefsj^s/iace-subscribed to the within instrument and acknowledged to me that hej^gfje/they-executed the same in-histfTe^thetF-authorized capacityfres), and that bylfls/CSi^theif signature(s)-on the instrument the person(s)'or the entity upon behalf of which the personts]licted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^ JAL SHEILA RENAE COBIAN f i/^^^ CommlMlon # 1848471 | Notary Public - California z z VOKF/ San Diego County j jW;^M.no.:E;^iresMa|i10.2013t 22 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 REFERENCES Dudek& Associates. 1998. Biological Resources Report and Impact Assessment, Manzanita Partners Property, Carlsbad, CA. December 21. 23 Preserve Management Plan and Funding Agreement Manzanita Apartment Project, March 2012 EXHIBIT A \ PARCEL #2 \^ CASSIA ROAD o o o X DATE 8/7/03 SCAl£ 1"-300' PREPARED BY: SHAMROCK £0.0. 1811 ROCK SPRINGS ROAD SAN MARCOS. CA. 92069 TEL- 760-480-6062 PLAT OF DEDICATION OF CONSERVATION EASEMENT FOR MANZANITA PARTNERS PROPERTY SDP 98-19. SUP 98-06. CDP 98-73