1991-283019'C
111man
Assessor's Parcel
No.: 204-09113
This MAINTENANCE
California general pa
of future subdivision
"Lot Owners ") with
Recitals below:
2191 DOC #a 1991®x283419
13 —JUN -1991 01 :39 PM
SAN DIEGO COUNTY RECORDER'S OFFICE
ANNETTE EVA.NS, COUNTY RECORDER
RF; 18.00 FEES: 44.50
AF: 16.00
> MF: 1.00
CF; 9.50
r
ti.
)(space Above for Recorder's Use) `
Project No.: 90 ®053
AGREEMENT is made by olivenhain Farms, a
rtnership (the "Developer "), for the benefit
lot owners including the Developer (the
reference to the facts set forth in the
RECITALS
A°
This
Agreement
is required by the City of Encinitas as
a condition
of
approval
for a subdivision project as provided in
Section
21065
of the
California Public Resources Code and
pursuant
to
the City
of Encinitas Municipal Code Sections
24.16.060
and
24.29.040;
and,
Be Developer is the owner of certain easements and real
property (the "Property ") presently being subdivided and
developed as residential, single family residences which will
benefit from certain private facilities (the "Private
Facilities "); including, without limitation, a private road,
fencing, a bridge, a freshwater pond, a desiltation basin, a
private sewer system, trail markers and common area landscaping.
A complete legal description of the Property is attached as
Exhibit "A." The Private Facilities are described on the
attached Exhibit "S." The State Fish & Game Agreement 5=094-91
dated 3/26/91 is attached as Exhibit "C "; arid,
C. Developer
desires that
the Private
Facilities shall be
maintained in a safe
and usable
condition by
the Lot Owners; and,
D. Developer desires to establish a method for the
maintenance and repair of the Private Facilities and for the
apportionment of the expense of such maintenance and repair among
existing and future Lot Owners; and
H
2192
E. Developer desires that all of the obligations of this
Agreement shall burden the property and constitute covenants
appurtenant to and running with the land, binding upon each
successive Lot Owner of all or any portion of the Property.
AGREEMENT
NOW THEREFORE, with reference to the above Recitals, the
mutual covenants and conditions below, and other good and
valuable consideration, the receipt of which is acknowledged, the
parties agree as follows:
10 The Pro ert . The Property shall benefit from this
Agreement, an present and successive Lot Owners of all or any
portion of the Property are expressly bound hereby for the
benefit of the Property.
2. Cost and Ex ense. The cost and expense of maintaining
the Private Fa-
aci.ities shall be divided equally among the
subdivided parcels created in the Property and shall be paid by
the Lot Owners and the heirs, assigns and successors -in- interest
of each such Lot Owner,
3. Further Subdivisions. In the event any of the parcels
of the Property are uffit er subdivided, the Lot Owners, and the
heirs, assignees and successors -in- interest of each such newly
created parcel shall be obligated under this Agreement for their
pro -rata share of expenses.
4. Repairs and Maintenance. The repairs to and
maintenance of the Private Facilities under this Agreement shall
be limited to the following unless additional work shall be
required as determined by a majority vote of the lot owners
owning 100% of the Property:
a. Reasonable road improvement and maintenance work
to adequately maintain the private road easement and related
drainage facilities to permit all ®weather access across the same.
Such repairs and maintenance shall include without limitation,
filling of chuckholes, repairing cracks, repairing and
resurfacing of roadbeds, repairing and maintaining drainage
structures, removing debris, maintaining sign markers, striping
and lighting, if any, and other work reasonably necessary and
proper to repair and preserve the easement for all- weather road
purposes;
b. Reasonable:
to adequately maintain the
repairs and maintenance
replacing rails, painting,
of all signage, and other
to repair and preserve the
Bence improvements and maintenance work
fencing and related structures. Such
shall include, without limitation,
general maintenance including upkeep
work reasonably necessary and proper
facility;
16725175 - 2 -
2193
C* Reasonable bridge improvements and maintenance
work to adequately maintain the bridge and related facilities.
Such repairs and maintenance shall include, without limitation,
filling chuckholes, repairing cracks, repairing and resurfacing
roadbeds, repairing and maintaining drainage structures, removing
debris, maintaining signs, markers, striping and lighting, if
any, and other work reasonably necessary and proper to repair and
preserve the easement for all =all weather road purposes;
d. Reasonable pond improvements and annual
maintenance work to adequately maintain the pond area and related
drainage facility. Such repairs and maintenance shall include,
without limitation, dredging, clearing, stocking with fish which
feed on mosquito larva, maintaining the spill way structure,
maintaining any watering systems used in conjunction with the up-
keep of the common landscaping, and other work reasonably
necessary and proper to repair and preserve the pond facility
subject to the availability of water;
e. Reasonable desiltation basin improvements and
maintenance work to adequately maintain the desiltation basin and
related drainage facility. Such repairs and maintenance shall
include, without limitation, dredging, clearing, and other work
reasonably necessary and proper to repair and preserve the
desiltation basin;
f. Reasonable sewer improvements and maintenance work
to adequately maintain the sewer facility and related structures.
Such repairs and maintenance shall include, without limitation,
repairing cracks, leaks, stoppage, damage caused to sewer
easement landscaping and any structures allowed in said easement
such as driveways, walls, water lines, etc., and other work
reasonably necessary and proper to repair and preserve the sewer
system and related easements;
g. Reasonable trailmarker improvements and
maintenance work to adequately maintain the markers and related
structures. Such repairs and maintenance shall include, without
limitation, general maintenance, and other work reasonably
necessary and proper to repair and preserve the trail markers;
and
h. Reasonable common landscaping improvements and
maintenance work to adequately maintain the landscaping along the
private road easement and related drainage facilities. Such
repairs and maintenance shall include, without limitation,
trimming, pruning, replanting, weeding, thinning, watering and
other work reasonably necessary and proper to repair and preserve
the landscaping along road easements.
5. Additional SubdivisionRe uirements. if there shall
be any covenant, agreement, or, other obligation imposed as a
condition of subdivision approval to make improvements to the
Private Facilities, the obligation to repair and maintain the
10725175 - 3 -
MM,
Private Facilities as set forth in this Agreement shall commence
on the date the Private Facilities improvements have been
completed and approved by the City.
6. Extraordinary Repairs. Any extraordinary repair
required to correct any damage to the Private Facilities which
may result from any action taken or contracted for by Lot Owners
or their successors -in- interest shall be paid for by the party
taking such action or party contracting for work which caused the
necessity for such extraordinary repair.
y. Construction Services. It is agreed that Developer
shall be the initial agent to complete all acts necessary to
accomplish the repairs and maintenance required and authorized
under this Agreement. Developer further agrees that the
Developer as agent may at any time be replaced at the direction
of a majority of the lot owners. Any repair and maintenance work
on the Private Facilities shall be initiated as and when a
majority of the lot owners agree in writing that such work is
needed. The agent shall obtain three bids from licensed
contractors and shall accept the lowest of such bids and shall
proceed immediately to complete the work described in this
Agreement. The agent shall be paid for all costs incurred
including reasonable compensation for the agent's services, and
such costs shall be added to and paid as a part of the repair and
maintenance costs; provided, however, that compensation for the
agent's services shall in no event exceed an amount equivalent
to 10% of the actual cost of repairs and maintenance performed.
In performing its duties, the agent, as it may anticipate the
need for funds, shall notify the parties and each party shall
within forty -five (45) days pay the agent, who shall maintain a
trust account for such payment and shall also maintain accurate
accounting records which shall be available for inspection by any
party to this agreement upon reasonable request. All such
records shall be retained by the agent for a period of five
years.
8. Failure to Pay Costs. In the event any lot owner shall
fail to pay ts-pro -rata s are of costs and expenses as provided
in this Agreement, the agent or any Lot Owner or Lot Owners shall
be entitled without further notice to institute legal action for
the collection of funds advanced on behalf of such lot owner in
accordance with the provisions of California Civil Code
Section 845, and shall be entitled to recover in such action, in
addition to the funds advanced, interest thereon at the current
prime rate of interest, until paid, all costs and disbursements
of such action, including such sum or sums as the court may fix
as and for a reasonable attorneys' fees.
90 Limited Liabilit and Indemnity. Any liability of the
Lot Owners for personal in ury to the i�gent hereunder, or to any
worker employed to make repairs or provide maintenance under this
Agreement, or to third persons, and any liability of the Lot
Owners for damage to the property of agent, or any such worker,
10785175 - 4 -
2195
or of any third persons, as a result of or arising out of repairs
and maintenance under this Agreement, shall be allocated as
between the Lot Owners in the same percentages as to the costs
and expenses of such repairs and maintenance. Each Lot owner
shall be responsible for and maintain its own insurance, if any.
Developer does not intend to provide for the sharing of liability
with respect to personal injury or property damage other than
that attributable to the repairs and maintenance obligations
under this Agreement. Accordingly, each of the lot owners agrees
to protect, defend, indemnity and hold harmless the others from
and against any and all liability for injury to himself or damage
to his property whether such injury or damage results from,
arises out of, or is attributable to any maintenance or repairs
undertaken pursuant to this Agreement.
10. Indemnification of City, Lot Owners shall jointly and
severally efen an nnemni y and hold harmless City, the City's
engineer and its consultants and each of its officials,
directors, officers, agents and employees from and against all
liability, claims, damages, losses, expenses, personal injury and
other costs, including costs of defense and attorneys' fees, to
the agent hereunder or to any lot owner, any contractor, any
subcontractor, any user of the Private Facilities, or to any
other third persons arising out of or in any way related to the
use of, repair or maintenance of, or the failure to repair or
maintain the Private Facilities. Nothing in this Agreement, the
specifications or other contract documents or the City's approval
of the plans and specifications or inspection of the work is
intended to include a review, inspection acknowledgement of or
responsibility for any such matter, and the City, the City's
engineer and its consultants, and each of its officials,
directors, officers, employees and agents, shall have no
responsibility or liability for the same.
11. Effect of Covenant. The foregoing covenants shall be
appurtenant to ana run with the Property and shall be deemed to
be for the benefit of the property of each of the Lot Owners and
each and every person who shall at anytime own all or any portion
of the property referred to herein.
12. Successor and Assigns, It is understood and agreed
that the covenants Fier e n contained shall be binding on the
heirs, executors, administrators, successors, and assigns of each
of the lot owners.
13. Future Lot Owners. Any subsequent purchaser of all or
any portion of the property, by acceptance of delivery of a deed
and/or conveyance regardless of form shall be deemed to have
consented to and become bound by this Agreement, including,
without limitation, the right of any person entitled to enforce
the terms of this Agreement and to institute legal action as
provided in Section 7 above, such remedy to be cumulative and in
addition to other remedies provided in this Agreement and all
other remedies at law or in equity.
16725175
.. 5
MM
14. Amendments. The terms of this Agreement may be amended
in writing upon ma ority approval of the Lot owners and consent
of the City.
15. California Law. This Agreement shall be governed by
the laws of the State of California. In the event that any of
the provisions of this Agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, the validity, and
enforceability of the remaining provisions shall not be affected
thereby.
16. Common Interest Devel 0 If the Property
constitutes a "Common Interest Development" as defined in
California Civil Code Section 1351(c) and requires membership in
an "Association" as defined in California Civil Code
Section 1351(x), anything in this Agreement to the contrary
notwithstanding, the following provisions shall apply beginning
on the date at (i) the Property is encumbered by a "Declaration"
(as defined in California Civil Code Section 1351(h), and
(ii) the Common Area of the property (including the Private
Facilities) is managed and controlled by an Association as
follows:
as The Association, through its Board of Directors,
shall repair and maintain the Private Facilities and shall be
deemed the "agent" as referred to in Section 7 above. The
Association, which shall not be replaced except by amendment to
the Declaration, shall receive no compensation for performing
such duties. The cost of such maintenance and repair shall be
assessed against each owner and his subdivision interest in the
Property pursuant to the Declaration. The assessments shall be
deposited in the Association's corporate account.
b• The provisions in the Declaration which provide
for assessment liens in favor of the Association and enforcement
thereof shall supersede Paragraph 7 of the Agreement in its
entirety. No individual owners shall have the right to alter,
maintain or repair any of the Common Area (as defined in
California Civil Code Section 1351(b) in the Property except as
may be allowed by the Declaration.
c. This Agreement shall not be interpreted in any
manner which reduces or limits the Association's rights and
duties pursuant to its Bylaws and the Declaration.
17. Headin4s. The headings of the paragraphs of this
Agreement are for reference only and shall not be used to limit
or interpreting the meaning of any paragraph.
18. Recording. Upon execution, this Agreement shall be
recorded rn the official Records of the San Diego County
Recorder's office.
10725175 ° 6
0
2197
10725175
OLIVENHAIN FARMS, a California
General Partnership
General
Russell Lloyd Johnson and
Julie Lynn Johnson as Trustees
U /D /T June 18, 1980
General Partner
4
Rubsell Lloyc['Johoa onl
Trustee
a Lyn Jo neon
(/ Trustee
.r
STA'T'E OF CALIFORNIA
LEJ
Me
On l ri( tst1 1! 00 , 1991, before me, the undersigned,
a Notary Pte] cc in and for said State, personally appeared
RICHARD R. DAY, personally known to me or proved to me on the
basis of satisfactory evidence to be the person who executed the
within instrument as Managing General Partner of OLIVENHAIN
FARMS, the partnership that executed the within instrument and
acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
I
COUNTY OF SAN DIEGO
On " 10 / C' , 1991, before me, the undersigned,
a Notary FujyAic in and for saia State, personally appeared DAVID
J. MANNING, personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed the within
instrument as General Partner of OLIVENHAIN FARMS, the
partnership that executed the within instrument and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
a"I E 1�i2t c
Notary Public
i
Me
On l ri( tst1 1! 00 , 1991, before me, the undersigned,
a Notary Pte] cc in and for said State, personally appeared
RICHARD R. DAY, personally known to me or proved to me on the
basis of satisfactory evidence to be the person who executed the
within instrument as Managing General Partner of OLIVENHAIN
FARMS, the partnership that executed the within instrument and
acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
I
COUNTY OF SAN DIEGO
On " 10 / C' , 1991, before me, the undersigned,
a Notary FujyAic in and for saia State, personally appeared DAVID
J. MANNING, personally known to me or proved to me on the basis
of satisfactory evidence to be the person who executed the within
instrument as General Partner of OLIVENHAIN FARMS, the
partnership that executed the within instrument and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal.
a"I E 1�i2t c
Notary Public
tL-
2199
STATE OF CALIFORNIA }
7 ss
COUNTY OF SAN DIEGO )
On _ ��t 1991, .before me, the undersigned,
a Notarp j4gct in an or said State, personally appeared
RUSSELL L JOHNSON and JULIE LYNN JOHNSON, personally known to
me or proved to me on the basis of satisfactory evidence to be
the Trustees of the Johnson Trust UJDJT June 18, 1980, which
executed the within instrument as General Partner of CILIVENHAIN
FARMS, the partnership that executed the within instrument and
acknowledged to me that such partnership executed the same,
WITNESS my hand and official seal,
amN6tary
EAL
�Ht '.
alifornia jV UNTY 8.1993
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Exhibit A.
LEGAL DESCRIPTION
2200
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF LOTS 3 AND 41 IN SECTION 8, TOWNSHIP 13 SOUTH,
RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT THEREOF AND LOT 17 OF THE SUBDIVISION OF THE RANCHO LAS
ENCINITAS, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 271 1898, ALL THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO ROBERT
E. ANDERSON, ET UX, RECORDED DECEMBER 29, 1972 AS FILE N06 346350 OF
OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID ANDERSON'S
LAND TO AND ALONG THE SOUTHERLY LINE OF LAND DESCRIBED IN DEED TO
ANGUS Be MacADAM, RECORDED DECEMBER 31, 1973 AS FILE NO. 73359116 OF
OFFICIAL RECORDS, NORTH 86.18'56" WEST (RECORD —NORTH 83.40000" WEST)
690.00 FEET TO AN ANGLE POINT IN SAID MaCADAMS BOUNDARY; THENCE
LEAVING SAID BOUNDARY SOUTH 16035156" WEST 448.86 FEET TO THE
SOUTHERLY LINE OF SAID LOT 17; THENCE ALONG SAID SOUTHERLY LINE NORTH
84.23'53" EAST 357.00 FEET TO THE WESTERLY LINE OF SAID LOT 4; THENCE
ALONG SAID WESTERLY LINE SOUTH 3.59120" EAST 906.73 FEET TO THE
SOUTHWEST CORNER THEREOF; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT
4 SOUTH 89.48112" EAST 375995 FEET TO THE SOUTHEAST CORNER; THENCE
ALONG THE EASTERLY LINE OF SAID LOT 4 NORTH 1001'29" EAST 1256.99
FEET TO THE POINT OF BEGINNING.
Exhibit B_
LEGAL DESCRIPTION
PRIVATE ROAD, UTILITY AND DRAINAGE EASEMENT
PARCEL 1:
A strip of land 40 feet in width over, under, along, and across Lots 3 and 4, in Section 8, Township 13
South , Range 3 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San
Diego, State of California, according to the Official Plat thereof, and Lot 17 of the Subdivision of the
Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of the County Recorder of
San Diego County June 27, 1898, said strip of land being more particularly described as follows:
Beginning at a point on the South line of said Lot 17, distant thereon South 87002117"West, 344.30 feet
from the Southeast corner thereof; thence North 76033'08" East, 356.24 to the beginning of a tangent
80.00 feet radius curve concave Southerly; thence Southeasterly along the arc of said curve thru a
central angle of 56°41'03" a distance of 79.15 feet; thence South 46 045'49 "East, 47.57 feet; thence North
43 014'11"West, 40.00 feet; thence North 46045'49"West, 57.30 feet to the beginning of a tangent 30.00
feet radius curve concave Northeasterly; thence Northerly along the arc of said curve thru a central
angle of 61 056'12" a distance of 32.43 feet; thence North 15 010'22" East, 30.02 feet; thence North
74049'37"West, 40.00 feet; thence South 15010'23"West, 21.86 feet to the beginning of a 30.00 feet
radius curve concave Northwesterly; thence Southwesterly along the arc of said curve thru a central
angle of 75 019107" a distance of 39.44 feet to the beginning of a 20.00 feet radius reverse curve concave
Southerly, a radial line to said point bears South '30"West; thence Westerly along the are of said
curve thru a central angle of 13 056'22' a distance of 29.19 feet; thence South 76°33'08"West, 341.54 feet
to the Easterly line of Parcel 4 of Parcel Map No. 9771, filed in the Office of the County Recorder of San
Diego County on March 6, 19801 said point lying distant thereon North 19 °16'17 "East, 45.38 feet from
the Southeast corner of said Parcel 4; thence South 19 °16'17"West, 45.38 feet to the Southeast carnet
of said Parcel 4, said point also lying an the South line of said Lot 17, distant thereon South
87002'17"West, 10.00 feet from the Point of Beginning; thence North 87°02'17 "East, 10.00 feet to the
Point of Beginning.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, ROAD AND UTILITY
PURPOSES, INCLUDING BUT NOT LIMITED TO ELECTRIC POWER, TELEPHONE,
GAS, WATER, SEWER AND CABLE TELEVISION LINES AND APPURTENANCES
THERETO, TOGETHER WITH THE RIGHT AND POWER TO CONVEY THE SAME TO
OTHERS OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE SOUTHERLY
40"00 FEET OF LOT 17 OF THE SUBDIVISION OF THE RANCHO LAS ENCINITAS,
IN THE *COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF No. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, .TUNE 27, 18951 LYING WESTERLY OF THE MOST WESTERLY LINE
OF PARCEL 1 HEREINABOVE DESCRIBED.
- 1 -
PARCEL 3:
9M
! 1'
!
EXCEPTING THEREFROM THAT PORTION LYING WXTEIN THE SOUTHERLY 40m
FEET OF SAID PARCEL 4a IS
LEGAL DESCRIPTION
A strip of land 10 feet in width over, under, along, and across Lots 3 and 4, in Section 8, Township 13
South , Range 3 West, San Bernardino Base and Meridian, in the City of Encinitas, County of San
Diego, State of California, according to the Official Plat thereof, and Lot 17 of the Subdivision of the
Rancho Las Encinitas, according to Map thereof No. 848, filed in the Office of the County Recorder of
San Diego County June 27, 1898, the sidelines of said strip of land lying 5.00 feet on each side of the
following described centerline:
Beginning at a point on the South line of said Lot 17, distant thereon South 87002'17 "West, 90.77 feet
from the Southeast comer thereof; thence North 24040'08" East, 5.64 feet to a point hereinafter
described as Point "A "; thence continuing North 24 040'08 "East, 53.00 feet to the point of terminus, said
point lying on the Southeasterly line of that strip of land described in Exhibit "D ", attached hereto and
made a part hereof, distant thereon South 7M'OB"West, 70.74 feet from beginning of said tangent
60.00 feet radius curve concave Southerly with a central angle of 56°41'03", described in Exhibit "D".
The sidelines of
said
strip are to be extended
or
shortened so as to intersect
on the South
line
of Lot
17 on the
South
and
on the Southeasterly
line
of
said
easement described
in
Exhibit
"D" on
the
North.
Beginning at point "A ", described above; thence Easterly parallel with and 5.00 feet North of the
Southerly line of said Lot 17, South 87002'17"East, 110.00 feet; thence North 29 041'26 "East, 62.93 feet
to a point lying on the arc of said 80.00 feet radius curve concave Southwesterly described in Exhibit
"D", said point lying distant thereon 51.15 feet along the are of said curve from the Westerly terminus
of said curve, a radial line bears North 23 010'48 "East to said point.
The sidelines of said strip of land are to be extended on the Northeast to intersect with the arc of the
80.00 feet radius curve described in Exhibit "D ".
_2�
Exhibit "c" 2203
1Noruhl Lion No. 5_1194-91 THP No.
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
WHEREAS, pursuant to Division 2 Chapter 6 of California Fish and Game Code, the operator, on theZAth day of February
19.9.L, notified the Department that he Intends to substantially divert or obstruct the natural flow of, or substantially change the bed,
channel, or bank of, or use material from the streambed of, the following water: Unnamed Tributary to , in the County of
San n?tgn ,StateofCalifornia S 8 TAR 3W Escondido Creek
1. All work in or near the stream or like shall be confined to the period •- 1,1991 to December
46°'w ®nti al b ®s- as.mmaw.la4ti nnc r�ran4ir,,,�i1 r.n Ai- 1�as.M ®l ba rv® 7&
The operator, as designated by the signature on this agreement, shall be responsible for the execution of all elements of this agreement
A copy of this agreement must be provided to contractors and subcontractors and must be in their possession at the work site.
If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new
notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other
pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5945, may result in prosecution.
Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility
for compliance with applicable federal, state, or local laws or ordinances
THIS AGREEMENT 'IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT
FEATURES BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL
RE PROVIDED PAY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR
FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED.
This a¢reem es effective on— _S$.f7HltUre__41_- d_d -0li1aellt
Title
Department of Fish and Came, State of California
Date 3/26/91
... kt_ - °i• a : -
,e -•A • !1•
R- -, •i ! -.. _
_�
46°'w ®nti al b ®s- as.mmaw.la4ti nnc r�ran4ir,,,�i1 r.n Ai- 1�as.M ®l ba rv® 7&
The operator, as designated by the signature on this agreement, shall be responsible for the execution of all elements of this agreement
A copy of this agreement must be provided to contractors and subcontractors and must be in their possession at the work site.
If the operator's work changes from that stated in the notification specified above, this agreement is no longer valid and a new
notification shall be submitted to the Department of Fish and Game. Failure to comply with the provisions of this agreement and with other
pertinent Code Sections, including but not limited to Fish and Game Code Sections 5650, 5652 and 5945, may result in prosecution.
Nothing in this agreement authorizes the operator to trespass on any land or property, nor does it relieve the operator of responsibility
for compliance with applicable federal, state, or local laws or ordinances
THIS AGREEMENT 'IS NOT INTENDED AS AN APPROVAL OF A PROJECT OR OF SPECIFIC PROJECT
FEATURES BY THE DEPARTMENT OF FISH AND GAME. INDEPENDENT REVIEW AND RECOMMENDATIONS WILL
RE PROVIDED PAY THE DEPARTMENT AS APPROPRIATE ON THOSE PROJECTS WHERE LOCAL, STATE, OR
FEDERAL PERMITS OR OTHER ENVIRONMENTAL REPORTS ARE REQUIRED.
This a¢reem es effective on— _S$.f7HltUre__41_- d_d -0li1aellt
Title
Department of Fish and Came, State of California
Date 3/26/91
2204
Streambed Alteration Agreement No, 5- 094 -91
6.) Prior to any construction or excavation, the Operator shall submit
to the Department for review and approval, engineer's design and
drawings of the impoundment structure.
7.) This Agreement is not intended as the Department's approval of the
project or of specific project features. Independent review and
recommendations shall be provided by the Department as appropriate
where local, state or federal permits are required.
8.) Prior to any construction activities, the Operator shall submit
to the Department for review and approval a revegetation plan for
a six (6) foot wide belt running the perimeter of the newly
constructed pond. Revegetation shall be comprised of native trees,
shrubs and an approved hydroseed blend. Further details on attached
Page 3.
9.) A copy of this Agreement shall be given to and read by all contractors
and subcontractors. A copy of this Agreement shall be readily
available at the job site at all times during operations and
presented to Department employees upon request.
10.) The perimeter of the pond shall be gently sloped so as to facilitate
the establishment of wetland vegetation.
11.) Raw cement /concrete or washings thereof, asphalt, paint or other
coating material, petroleum products, or any other substances
which could be hazardous to aquatic life, resulting from project
related activities, shall be prevented from contaminating the soil
and/or entering the waters of the State. Any of these materials,
placed within or where they may enter a stream, by the Operator
or any party working under contract, or with the permission of the
Operator,shall be removed immediately.
12.} No equipment shall operate in a wet stream channel. The entire
work area shall be completely dewatered prior to any work in the
channel.
13.) The Department reserves the right to enter the project site at
any time in order to ensure that there is compliance with the
terms /conditions of this Agreement.
14.) Protective measures shall be taken so that horses are precluded
from access to the pond and sensitive wetland vegetation.
*Special Recommendations Continued on Attached Page 3*
Streambed Alteration Agreement No. 5- 094 -91
15 . ) The Operator shall submit to the Department for review and approval, prior to initiation of project activities, a detailed
planting palette indicating species, quantity, and location of plantings. included with the planting palette shall be a
Proposed maintenance plan far the mitigation area.
16 .) In order to determine if the revegetation techniques used have lean successful the plants shall achieve the minimum growth at
the emd of three and five years. If the minimum growth is not achieved then the Operator shall be responsible for taking the
appropriate Corrective measures as determined by Department reprosentatiees. The Operator shall be responsible for any cost
occurred during Ott revegetation or in subsequent convective measures. Hat all Of the following species may pertain to this
Agreement.
SPECIES SIZE AT PLANTING HEI11T
PLANTING CENTERS 3 years 5 yews
iCALLONSi
Arreye gnilew FE 6 ft 1'i ft B ft
1 gallon S ft 10 ft i5 ft
Sjazi. g :i!ow FE a ft 12 ft 16 ft
I gallon 6 ft 12 ft IS ft
Eaudbsr urjlow FE 5 ft. A ft ft
i gallon 5 ft A fl: C it
Red Willow Fs s ft 9 ft i5 tt
1 gallon s ft 9 ft i5 ft
Sycamore i gallon 20 ft 5 ft 3 ft
5 gallon 22.5 ft 7 ft 13 ft
15 gallon 25 ft 10 ft is ft
Cottonwood i gallon + 7 ft 12 ft
5 gallon + 9 ft 15 ft
15 gallon • 13 ft 20 ft
White Alder 1 gallon + 6 ft 11 ft
5 gallon • 9 ft 13 ft
15 gallon * 11 ft 16 ft
• e Depending if used as supplimental species (40 ft Q.C.) or if dominate species (15 ft Q.C.)
OAKS
Coastal live 1 gallon
20
ft
3
ft
6
ft
5 gallon
25
ft
5
ft
9
ft
15 gallon
30
ft
7
ft
lA
ft
Canyon live I gallon
20
ft
3
ft
6
ft:
5 gallon
25
ft
5
ft
3
ft
15 gallon
30
ft
7
ft
lA
ft
Scrub 1 gallon
20
ft
2
ft
4
ft
5 gallon
30
ft
3
ft
5
ft
15 gallon
90
ft
3
rt
6
ft
Ali Shrub species
1 gallon +
5 gallon +
15 gallon Y
• : Plant in naturalized clues and randomly s :sttered. All planting will have a minimum of 90; survival the first year and
100; thereafter for years through .5-_. Ina operator shall submit to the Department far review and appraval within
3e days after completion of the first year', tnowll, a monitoring report and annually thereafter through year 55
*Special Recommendations Continued on Attached Page 4*
1,
(819) 437.7311
Special Recommendations Continued for
Streambed Alteration Agreement No. 5-094-91
17.) The Department reserves the right to suspend and/or revoke this
Agreement if the Department determines that the circumstances
warrant. Circumstances that could require a revaluation include,
but are not limited to, the following:
a. Failure to comply with the terms /conditions of this Agreement.
b. The information provided by the Operator in support of the
Agreement /Notification is determined to be incomplete or
inaccurate..
c. When new information becomes available to the Department
representative that was not known when preparing the original
terms.of this Agreement.
d. The project as described in the Notification has changed,
conditions affecting fish and wildlife resources change.
1$.) The Operator shall notify the Department, in writing, at least
five (5) days prior to completion of the project. A final inspection
shall be made when the prject is completed and revegetation has
commenced.
CONCURRENCE
operators ldttuSC j%e¢�y
signature Department! Represe tative
Fish and Game Warden #379
Department of Fish and Game,
State of California