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Recorded Doc 2022-020
RECORDING REQUESTED BY: 2019-0149298 05/01/2019 08:52 AM Fee: $ 0.00 City of Cathedral City 'N. Page 1 of 212 68-700 Avenida Lalo Guerrero Recorded in Official Records County of Riverside Cathedral City, CA 92234 Peter Aldana Assessor-County Clerk-Recorder AND WHEN RECORDED MAIL TO: 11111 tiriollathiltif I Coachella Valley Conservation Commission 73-710 Fred Waring Drive, Suite 200 ?g3 Palm Desert, CA 92260 CONSERVATION EASEMENT DEED This CONSERVATION EASEMENT DEED ("Conservation Easement") is made this tekday of , 2019 by the City of Cathedral City, a governmental entity ("Grantor"), in favor of Coachella Valley C nservation Commission, a public agency of the State of California formed by a Joint Exercise of Powers Agreement ("Grantee"). RECITALS A. Grantor is the sole owner in fee simple of real property containing 105.36 acres located in the City of Cathedral City, County of Riverside, State of California (the "Property"). The Property is legally described on Exhibit "A" attached hereto and incorporated by this reference. Grantor intends to grant a conservation easement over an approximate 18.7-acre portion of the Property (the "Easement Area") found on Assessor's Parcel Numbers 686-310-014 and 686-310-011. The Easement Area is legally described on Exhibit"B" and depicted on Exhibit"C" attached hereto and incorporated by this reference. B. The Easement Area provides, among other things, compensatory mitigation, in the form of preservation, for unavoidable impacts associated with the Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project by Grantor pursuant to requirements of the following state and Federal approvals (collectively, "Agency Approvals"): (1) United States Army Corps of Engineers' ("ACOE")Section 404 Permit No. SPL-2010-00505-VCC and any amendments thereto; (2) California Department of Fish and Wildlife ("CDFW") Streambed Alteration Agreement No. 1600-2010-0148-R6 Revision 1 and any amendments thereto; (3) U.S. Environmental Protection Agency, Region IX, Section 401 Water Quality Certification (dated November 2, 2015) and any amendments thereto; and (4) Colorado River Basin Regional Water Quality Control Board Section 401 Water Quality Certification (dated June 29, 2011) and any amendments thereto. • C. This Conservation Easement is designed to satisfy and is granted in satisfaction of the Agency Approvals. 1 DOC#2019-0149298 Page 2 of 212 E. Grantee is authorized to hold conservation easements pursuant to Civil Code Section 815.3. Specifically, Grantee is a local governmental entity identified in Civil Code Section 815.3(b) and otherwise authorized to acquire and hold title to real property. F. The ACOE is the Federal agency charged with regulatory authority over discharges of dredged and fill material in waters of the United States pursuant to Section 404 of the Clean Water Act and is a third-party beneficiary of this Conservation Easement. G. Endowment funding for the perpetual long-term management and monitoring of the Easement Area by Grantee (the "Long-term Management and Monitoring Endowment") is governed by the certain agreement entered into between ACOE and Grantee effective ScutwoarA 03 , 2019 (the "Endowment Agreement"). A copy of this agreement is on file with Grantee gnd ACOE. COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS In consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the United States and State of California, including Civil Code Section 815, et seq., Grantor hereby voluntarily grants and conveys to Grantee and its successors or assigns, as appropriate, a Conservation Easement in perpetuity over the Easement Area of the nature and character and to the extent hereinafter set forth. This Conservation Easement shall run with the land and be binding on Grantor's heirs, successors, administrators, assigns, lessees, and other occupiers or users of the Easement Area or any portion of it. 1. Purpose. (a) The purposes of this Conservation Easement are to(i)ensure the Easement Area will be managed and preserved in a Natural Condition, as defined herein, in perpetuity and (ii)prevent any use of the Easement Area that will impair or interfere with the Conservation Values of the Easement Area (the "Purpose"). Grantor intends that this Conservation Easement will confine the use of the Easement Area to such activities that are consistent with this Purpose, including without limitation, those involving the preservation, restoration, and enhancement of native species and their habitats. (b) The term "Natural Condition," as referenced in the preceding paragraph and other portions of this Conservation Easement, shall mean the condition of the Easement Area, as it exists at the time this Conservation Easement is executed, as well as future enhancements or changes to the Easement Area that occur directly as a result of the following activities: (1) In-perpetuity long-term management of the Easement Area as described in Section 16 herein; or (2) Activities described in Sections 4 - 6 herein. (c) Grantor represents and warrants that there are no structures or improvements existing on the Easement Area at the time this grant is executed. Grantor further represents and warrants that there are no other previously granted easements existing on the Easement Area that interfere or conflict with the Purpose of this Conservation Easement as evidenced by the Title Report 2 DOC#2019-0149298 Page 3 of 212 attached at Exhibit "D." The present Natural Condition is evidenced in part by the description of the Easement Area provided in the Biological Resources Assessment Report dated July 2014 prepared by Terra Nova Planning and Research Inc. attached as Exhibit "E," which includes a color aerial photograph of the Easement Area with an overlay of the Easement Area boundaries on such aerial photograph; and on-site color photographs showing the major, distinct natural features of the Easement Area. (d) If a controversy arises with respect to the present Natural Condition of the Easement Area, Grantor, Grantee, or ACOE or any designees or agents of Grantor, Grantee, and ACOE shall not be foreclosed from utilizing any and all other relevant documents, surveys, photographs or other evidence or information to assist in the resolution of the controversy. (e) The term"Biological Monitor"shall mean an independent third-party consultant, an employee of Grantee or Grantor, or a consultant to Grantor or Grantee, with knowledge of Easement Area's resources in the Riverside County area and expertise in the field of biology or related field. 2. Grantee's Rights. To accomplish the Purpose of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee. These rights, without obligation, are also granted to the ACOE or its designee as a third party beneficiary of this Conservation Easement: (a) To preserve and protect the Conservation Values of the Easement Area; (b) To enter upon the Easement Area and Property at reasonable times in order to monitor compliance with and to otherwise enforce the terms of this Conservation Easement; (c) To prevent any activity on or use of the Easement Area that is inconsistent with the Purpose of this Conservation Easement and to require the restoration of such areas or features of the Easement Area that may be damaged by any act, failure to act, or any use that is inconsistent with the Purpose of this Conservation Easement; (d) To require that all mineral, air, and water rights (if any) as Grantee deems necessary to preserve, protect and sustain the biological resources and Conservation Values of the Easement Area shall remain a part of and be put to beneficial use upon the Easement Area,consistent with the Purpose of this Conservation Easement; (e) All present and future development rights allocated, implied, reserved or inherent in the Easement Area; such rights are hereby terminated and extinguished and such present and future development rights may not be used on or transferred to any portion of the Property, nor any other property adjacent or otherwise; (f) The right to enforce by any means, including, without limitation, injunctive relief, the terms and conditions of this Conservation Easement; and (g) The right to enhance native plant communities, including the removal of non- native species and the right to plant trees and shrubs of the same type as currently exist on the Easement Area, or other appropriate native species. Habitat enhancement activities shall not conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable laws, regulations, and permitting requirements (including those permits issued by ACOE acting in its regulatory capacity), and the Management Plan (defined in Section 16(a)). 3. Prohibited Uses. Any activity on or use of the Easement Area inconsistent with the Purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, 3 DOC#2019-0149298 Page 4 of 212 the following uses and activities by Grantor, Grantee, and their respective guests, agents, assigns, employees, representatives, successors, and third parties are expressly prohibited on the Easement Area: (a) Unseasonable or supplemental watering except for habitat enhancement activities described in Section 2(q), Section 6(b). or the Management Plan; (b) Use of chemical herbicides, pesticides, rodenticides, fungicides, biocides, fertilizers, or other agents or weed abatement activities, except weed abatement activities necessary to control or remove invasive, exotic plant species in accordance with Sections 2(q) and 6(c); (c) Incompatible fire protection activities except fire prevention activities set forth in Section 6; (d) Use of off-road vehicles and use of any other motorized vehicles except on existing roadways; (e) Grazing or other agricultural activity of any kind; (f) Recreational activities including, but not limited to, horseback riding, biking, hunting or fishing; (g) Residential, commercial, retail, institutional, or industrial structures or uses; (h) Any legal or de facto division, subdivision or partitioning of the Easement Area; (i) Construction, reconstruction, expansion, location, relocation, installation or placement of any building, road, wireless communication cell towers, or any other structure or improvement of any kind, or any billboard, fence, boundary marker or sign, except those signs permitted in Section 5(b); (j) Dumping soil, trash, ashes, refuse, waste, bio-solids, garbage or any other material; (k) Planting, gardening, introducing or dispersing non-native plant or animal species; (I) Filling, dumping, excavating, draining, dredging, mining, drilling, removing or exploring for or extraction of minerals, loam, gravel, soil, rocks, sands or other material on or below the surface of the Easement Area; (m) Altering the surface or general topography of the Easement Area, including but not limited to any alterations to habitat, building of roads or trails, flood control work, or paving or otherwise covering any portion of the Easement Area; except as permitted by the Agency Approvals, or any right reserved in Section 6, or Section 16; (n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except for (1)emergency fire breaks as required by fire safety officials as set forth in Section 6(e), (2) prevention or treatment of disease, (3) control of invasive species which threaten the integrity of the habitat, or (4)activities described in Section 4, Section 6,or Section 16. In the event that activity on the Easement Area is necessary to prevent or treat disease as listed herein, the first priority for action shall be chemical and biological methods. No invasive or non-native species shall be introduced to prevent or treat disease, unless chemical or biological methods have failed to resolve the problem and the County of Riverside Department of Environmental Health, or other agency with authority, determines 4 DOC#2019-0149298 Page 5 of 212 that no other methods will address the problem. Removal of vegetation to prevent or treat disease shall only be allowed if chemical or biological methods have failed to resolve the problem or upon a showing that removal of vegetation is required on an emergency basis; (o) Manipulating, impounding or altering any natural watercourse, body of water or water circulation on the Easement Area, and activities or uses detrimental to water quality, including but not limited to degradation or pollution of any surface or sub-surface waters; (p) Except as provided in Section 6(e), creating, enhancing, and maintaining fuel modification zones (defined as a strip of mowed land or the planting of vegetation possessing low combustibility for purposes of fire suppression)or other activities that could constitute fuel modification zones; (q) Without the prior written consent of Grantee and ACOE, which Grantee and ACOE may each withhold, transferring, encumbering, selling, leasing, or otherwise separating the mineral rights or water rights for the Easement Area; changing the place or purpose of use of the water rights; abandoning or allowing the abandonment of, by action or inaction, any water or water rights, ditch or ditch rights, spring rights, reservoir or storage rights,wells, ground water rights,or other rights in and to the use of water historically used on or otherwise appurtenant to the Easement Area, including but not limited to: (1) riparian water rights; (2)appropriative water rights; (3) rights to waters which are secured under contract with any irrigation or water district, to the extent such waters are customarily applied to the Easement Area; and (4) any water from wells that are in existence or may be constructed in the future on the Easement Area; (r) Creation of any encumbrance superior to this Conservation Easement, other than those encumbrances set forth in Exhibit "D" hereto, or the recording of any involuntary lien (which is not released within thirty calendar days), or the granting of any lease, license or similar possessory interest in the Easement Area which will affect the Conservation Values of the Easement Area; (s) Any use or activity that may violate, or fail to comply with, relevant federal, state, or local laws, regulations, or policies applicable to Grantor, the Easement Area, or the use or activity in question, and any and all activities and uses which may adversely affect the Purpose of this Conservation Easement; and (t) No use shall be made of the Easement Area, and no activity thereon shall be permitted, that may adversely affect the Conservation Values of the Easement Area or otherwise interfere with the Purpose of this Conservation Easement. Grantor and Grantee acknowledge that, in view of the perpetual nature of this Conservation Easement, they are unable to foresee all potential future land uses, future technologies, and future evolution of the land and other natural resources, and other future occurrences affecting the Purpose of this Conservation Easement. Grantee, in consultation with ACOE, may determine whether (1) proposed uses or proposed improvements not contemplated by or addressed in this Conservation Easement or (2) alterations in existing uses or structures, are consistent with the Purpose of this Conservation Easement. 4. Grantor's Duties. Grantor, its successors and assigns shall: (a) Undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Easement Area. In addition, Grantor shall undertake all necessary actions to perfect the rights of Grantee and ACOE under Section 2 of this Conservation Easement, including but not limited to providing legal access to 5 DOC#2019-0149298 Page 6 of 212 the Easement Area and Property; (b) Cooperate with Grantee, its successors or assigns in the protection of the Conservation Values; (c) Pursuant to Section 16(d), below, repair and restore damage to the Easement Area directly or indirectly caused by Grantor, Grantor's guests, representatives, employees or agents, and third parties within Grantor's control; provided, however, Grantor, its successors or assigns shall not engage in any repair or restoration work in the Easement Area without first consulting with the Grantee or its successor or assigns and ACOE; and (d) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, 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. 5. Grantee's Duties. To accomplish the Purpose of this Conservation Easement as described in Section 1, Grantee shall: (a) Perform at least annual compliance inspections of the Easement Area, prepare an annual inspection report that documents the annual inspection results, and shall make reports available to the ACOE upon request; (b) Upon execution of the Conservation Easement, perform the long-term management of the Easement Area as described in Section 16; (c) Within 90 days of recordation of this Conservation Easement, erect signs and other notification features saying "Natural Area Open Space," "Protected Natural Area," or similar descriptions. Prior to erection of such signage, Grantee shall submit detailed plans showing the location and language of such signs to the ACOE 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 Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements; (d) Pursuant to the requirements of Section 16(e), below, repair and restore damage to the Easement Area directly or indirectly caused by Grantee, Grantee's guests, representatives, employees or agents, and third parties within Grantee's control provided, however, Grantee, its successors or assigns shall not engage in any repair or restoration work on the Easement Area without first consulting with Grantor, ACOE; (e) Provide a letter to ACOE assuring legal enforcement and defense of the terms of this Conservation Easement pursuant to Section 7 and preservation of the Conservation Values of the Easement Area under this Conservation Easement in perpetuity; and (f) Obtain any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, 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. 6 DOC#2019-0149298 Page 7 of 212 6. Reserved Rights. Grantor reserves to itself, and to its personal representatives, heirs, successors, and assigns, all rights accruing from its ownership of the Easement Area, including the right to engage in or to permit or invite others to engage in all uses of the Easement Area that are not expressly prohibited or limited by, and are consistent with, the Purpose of this Conservation Easement, including the following uses: (a) Access. Reasonable access through the Easement Area and Property to access adjacent land or to perform obligations or other activities permitted by this Conservation Easement. (b) Habitat Enhancement Activities. Enhancement of native plant communities, including the right to plant native trees and shrubs of the same type as currently existing on the Easement Area, so long as such activities do not harm the habitat types identified in the Agency Approvals or Management Plan. For purposes of preventing erosion and reestablishing native vegetation,the Grantor shall have the right to revegetate areas that may be damaged by the permitted activities under this Section 6, naturally occurring events or by the acts of persons wrongfully damaging the Natural Condition of the Easement Area. Prior to any habitat enhancement activities, Grantor shall have a Biological Monitor submit detailed plans to the ACOE for review and approval. Habitat enhancement activities shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable statutes, regulations, and permitting requirements. (c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct or potential conflict with the preservation of the Natural Condition of the Easement Area or the Purpose of this Conservation Easement and shall be performed in compliance with all applicable laws, regulations, and permitting requirements. (d) No Interference with Development of Adioininq Property. Notwithstanding anything set forth herein to the contrary, nothing in this Conservation Easement is intended nor shall be applied to in any way limit Grantor or any of Grantor's successors and assigns from (1) constructing, placing, installing, and/or erecting any improvements upon the portions of the Property not constituting the Easement Area and/or (2) developing adjoining property for any purposes, except as limited by any local, state or federal permit requirements for such development and provided that for all of the above clauses (1) and (2) neither such activity nor any effect resulting from such activity amounts to a use of the Easement Area, or has an impact upon the Easement Area, that is prohibited by Section 3 above. (e) 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 Easement Area. 7. Enforcement. DOC#2019-0149298 Page 8 of 212 (a) Right to Enforce. Grantor, its successors and assigns, grant to the ACOE, the U.S. Department of Justice, and the State of California a discretionary right to enforce this Conservation Easement in a judicial or administrative action against any person(s)or other entity(ies) violating or attempting to violate this Conservation Easement; provided, however, that no violation of this Conservation Easement shall result in a forfeiture or reversion of title. The ACOE, U.S. Department of Justice and the State of California shall have the same rights, remedies and limitations as Grantee under this Conservation Easement. The rights under this Section are in addition to, and do not limit rights conferred in Section 2 above, the rights of enforcement against Grantor, Grantee and their successors or assigns under the Agency Approvals, or any rights of the various documents created thereunder or referred to therein. The term "Party" means Grantor or Grantee, as the case may be. Grantor, Grantee, and any third party beneficiaries, when implementing any remedies under this easement, shall provide timely written notice to each other of any actions taken under this section, including, but not limited to copies of all notices of violation and related correspondence. (b) Notice of Violation. In the event that a Party or its employees, agents, contractors or invitees is in violation of the terms of this Conservation Easement or that a violation is threatened, the non-violating Party and/or third party beneficiaries may demand the cure of such violation. In such a case, the non-violating Party and/or third party beneficiaries shall issue a written notice to the violating Party (hereinafter "Notice of Violation") informing the violating Party of the actual or threatened violations and demanding cure of such violations. The Notice of Violation shall be sent to the other Party and third party beneficiaries listed under Section 14 of this Conservation Easement. (c) Time to Cure. The violating Party shall cure the noticed violation within thirty(30) days of receipt of said written Notice of Violation. If said cure reasonably requires more than thirty (30) days, the violating Party shall, within the thirty (30) day period, submit to the non-violating Party and/or third party beneficiaries, as the case may be,for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. If the violating Party disputes the notice of violation, it shall issue a written notice of such dispute (hereinafter"Notice of Dispute") to the appropriate Party and/or third party beneficiary within thirty (30) days of receipt of written Notice of Violation. (d) Failure to Cure. If the violating Party fails to cure the violation within the time period(s) described in Section 7(c), above, or Section 7(e)(2), below, the non-violating Party and/or third party beneficiaries may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by the violating Party with the terms of this Conservation Easement. In such action, the non-violating Party and/or third party beneficiaries may: (1) Recover any damages to which they may be entitled for violation by the violating Party of the terms of this Conservation Easement or for any injury to the Conservation Values of the Easement Area. The non-violating Party may apply any damages recovered to the cost of undertaking any corrective action on the Easement Area. Prior to implementation of any remedial or restorative actions pursuant to this paragraph, the non-violating Party and/or third party beneficiaries shall be consulted. (2) Enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. (3) Pursue and obtain other legal or equitable relief, including, but not limited to, the restoration of the Easement Area to the condition in which it existed prior to any such violation 8 DOC#2019-0149298 Page 9 of 212 or injury. This remedy is expressly available notwithstanding the ability to claim damages as provided for in subdivision (1). (4) Otherwise enforce this Conservation Easement. (e) Notice of Dispute. (1) If the violating Party provides the non-violating Party and/or third party beneficiaries with a Notice of Dispute, as provided herein, the non-violating Party and/or third party beneficiaries shall meet and confer with the violating Party at a mutually agreeable place and time, not to exceed thirty(30) days from the date that the non-violating Party and/or third party beneficiaries receive the Notice of Dispute. The non-violating Party and/or third party beneficiaries shall consider all relevant information concerning the disputed violation provided by the violating Party and shall determine whether a violation has in fact occurred and, if so, whether the Notice of Violation and demand for cure issued by the non-violating Party and/or third party beneficiaries is appropriate in light of the violation. (2) If, after reviewing the violating Party's Notice of Dispute, conferring with the violating Party, and considering all relevant information related to the violation, the non-violating Party and/or third party beneficiaries determine that a violation has occurred, the non-violating Party and/or third party beneficiaries shall give the violating party notice of such determination in writing. Upon receipt of such determination,the violating Party shall have fifteen (15)days to cure the violation. If said cure reasonably requires more than fifteen (15)days, the violating Party shall, within the fifteen (15) day period, submit to the non-violating Party and/or third party beneficiaries for review and approval a plan and time schedule to diligently complete a cure. The violating Party shall complete such cure in accordance with the approved plan. (f) Conflicting Notices of Violation. (1) If any Party receives a Notice of Violation that is in material conflict with one or more prior written Notices of Violation that have not yet been cured by the Party (hereinafter "Active Notice(s) of Violation") such that the conflict makes it impossible for the Party to carry out the cure consistent with all prior Active Notices of Violation, the Party shall give written notice (hereinafter"Notice of Conflict")to the non-violating Party and/or third party beneficiaries issuing the later, conflicting Notice(s)of Violation. The Party shall issue said Notice of Conflict to the appropriate non-violating Party and/or third party beneficiaries within fifteen (15) days of the receipt of each such conflicting Notice of Violation. A valid Notice of Conflict shall describe the conflict with specificity, including a description of how the conflict makes compliance with all Active Notices of Violation impossible. (2) Upon issuing a valid Notice of Conflict to the appropriate non-violating Party and/or third party beneficiaries, as described above, the violating Party shall not be required to carry out the cure described in the conflicting Notice or Notices of Violation until such time as the non- violating Party responsible for said conflicting Notice(s) of Violation issue(s) a revised Notice of Violation that is consistent with prior Active Notices of Violation. Upon receipt of a revised, consistent Notice of Violation, the violating Party shall carry out the cure recommended in such notice within the time period(s) described in Section 7(c) above. Notwithstanding Section 7(q), failure to cure within 9 DOC#2019-0149298 Page 10 of 212 said time period(s) shall entitle the non-violating Party to the remedies described in Section 7(d) and Section 7(h). (3) The failure of the violating Party to issue a valid Notice of Conflict within fifteen (15) days of receipt of a conflicting Notice of Violation shall result in a waiver of the violating Party's ability to claim a conflict. (g) Immediate Action. In the event that circumstances require immediate action to prevent or mitigate significant damage to the Conservation Values of the Easement Area, the Party and/or third party beneficiary seeking enforcement pursuant to Section 7(b) above may immediately pursue all available remedies, including injunctive relief, available pursuant to both this Conservation Easement and state and federal law after giving the violating Party at least twenty four (24) hours' written notice before pursuing such remedies. So long as such twenty-four(24)hours' notice is given, the non-violating Party may immediately pursue all available remedies without waiting for the expiration of the time periods provided for cure or Notice of Dispute as described in Section 7(0. The written notice pursuant to this paragraph may be transmitted to the violating Party by facsimile and shall be copied to the other Party and/or third party beneficiaries listed in Section 14 of this Conservation Easement. The rights of the non-violating Party and/or third party beneficiaries under this paragraph apply equally to actual or threatened violations of the terms of this Conservation Easement. The violating Party agrees that the remedies at law for any violation of the terms of this Conservation Easement are inadequate and that the non-violating Party and third party beneficiaries shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which they may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. The remedies described in this Section 7(q) shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. (h) Costs of Enforcement. Grantor shall bear all costs incurred by Grantee or ACOE, where Grantee or ACOE is a prevailing party in enforcing the terms of this Conservation Easement against Grantor. These costs include, but are not limited to, the following: costs of suit and attorneys' and experts' fees, and any costs for restoration necessitated by Grantor's negligence, willful misconduct, and/or breach of this Conservation Easement. (i) Enforcement Discretion. Enforcement of the terms of this Conservation Easement by a Party and/or third party beneficiary shall be at the discretion of the Party and/or third party beneficiary, and any forbearance by such Party and/or third party beneficiary to exercise its rights under this Conservation Easement in the event of any breach of any term of the Conservation Easement by a Party or any subsequent transferee shall not be deemed or construed to be a waiver by the non-violating Party and third party beneficiary of such terms or of any subsequent breach of the same or any other term of this Conservation Easement or of any of the rights of the non-violating Party and third party beneficiary under this Conservation Easement. No delay or omission by the non- violating Party and/or third party beneficiaries in the exercise of any right or remedy upon any breach by the violating Party shall impair such right or remedy or be construed as a waiver. Further, nothing in this Conservation Easement creates a non-discretionary duty upon the non-violating Party and/or third party beneficiaries to enforce its provisions, nor shall deviation from these terms and procedures, or failure to enforce its provisions give rise to a private right of action against the non-violating Party and/or third party beneficiaries by any third parties. 10 DOC#2019-0149298 Page 11 of 212 (j) Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee, its successors or assigns to bring any action against Grantor, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantor's control, including without limitation, fire not caused by Grantor, flood, storm, and earth movement; (2) Any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes; provided that once the emergency has abated, Grantor, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantee, ACOE, or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of unrelated third parties (including any governmental agencies) that are beyond Grantor's control. Notwithstanding the foregoing, Grantor must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. (k) Acts Beyond Grantee's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantor, its successors or assigns to bring any action against Grantee, its successors or assigns for any injury to or change in the Easement Area resulting from: (1) Any natural cause beyond Grantee's control, including without limitation, fire not caused by Grantee, flood, storm, and earth movement; (2) Any prudent action taken by Grantee under emergency conditions to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes, provided that once the emergency has abated, Grantee, its successors or assigns promptly take all reasonable and necessary actions required to restore the Easement Area to the condition it was in immediately prior to the emergency; (3) Acts by Grantor, ACOE or their employees, directors, officers, agents, contractors, or representatives; or (4) Acts of unrelated third parties (including any governmental agencies) that are beyond Grantee's control. Notwithstanding the foregoing, Grantee must obtain any applicable governmental permits and approvals for any emergency activity or use permitted by this Conservation Easement and undertake any activity or use in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders or requirements. 11 DOC#2019-0149298 Page 12 of 212 (I) Use of Long-term Management and Monitoring Endowment. If a court of competent jurisdiction determines that there has been a violation of any term of this Conservation Easement: (1) Funds from the Long-term Management and Monitoring Endowment cannot be used to pay damages awarded as part of the judgment; (2) Funds from the Long-term Management and Monitoring Endowment cannot be used to restore the Easement Area to the condition in which it existed prior to the violation; and (3) In lieu of recovering monetary damages against Grantee from any source, ACOE may direct the role of Grantee and related management responsibility to a new entity, which shall be a public agency or non-profit concerned with conservation. 8. Access. This Conservation Easement does not convey a general right of access to the public or a general right of access to the Easement Area. 9. Costs and Liabilities. (a) Grantor, its successors and assigns retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property. Grantor agrees ACOE shall not have any duty or responsibility for the operation, upkeep, or maintenance of the Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the public or any third parties from risks relating to conditions on the Property. Grantor, Grantee, and their successors or assigns are responsible for obtaining any applicable governmental permits and approvals, including those required from ACOE acting in its regulatory capacity, for any activity or use permitted by this Conservation Easement, 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. (b) Hold Harmless. (1) Grantor, its successors and assigns shall hold harmless, protect, defend and indemnify ACOE and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them ("ACOE Indemnified Party" and collectively, "ACOE Indemnified Parties") from and against any and all liabilities, penalties, costs, losses, damages, expenses(including,without limitation reasonable attorneys'fees and experts'fees),causes of action, claims, demands,orders, liens or judgments(each a"Claim"and, collectively, "Claims"), arising from or in any way connected with injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless caused by the negligence or willful misconduct of any of the ACOE Indemnified Parties. (2) Grantor, and its successors and assigns shall hold harmless, protect, defend and indemnify Grantee and its respective directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them ("Grantee Indemnified Party"and collectively"Grantee Indemnified Parties")from and against any and all Claims which are in contravention of this Conservation Easement, 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 area of the 12 DOC#2019-0149298 Page 13 of 212 Property not constituting the Easement Area regardless of cause unless caused by the negligence or willful misconduct of any of the Grantee Indemnified Parties. 10. Taxes, No Liens. Grantor and its successors and assigns shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority, including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish Grantee and ACOE with satisfactory evidence of payment, if assessed, upon request. Grantor, Grantee, and their successors and assigns shall keep the Easement Area free from any liens. Should either Grantor's work or Grantee's work in or upon the Easement Area result in a lien on the Easement Area Grantor or Grantee, as the case may be, shall take all steps required to have said lien removed from the Easement Area. 11. Condemnation. Pursuant to Code of Civil Procedure section 1240.055, this Conservation Easement is "property appropriated to public use," as used in Article 6 (commencing with section 1240.510) and Article 7 (commencing with section 1240.610) of Chapter 3 of Title 7 of the California Code of Civil Procedure. A person authorized to acquire property for public use by eminent domain shall seek to acquire the Easement Area, if at all, only as provided in Code of Civil Procedure section 1240.055. CDFW and ACOE are public entities that imposed conditions on approval of a project that were satisfied, in whole or in part, by the creation of this Conservation Easement. If any person seeks to acquire the Easement Area for public use, Grantee shall provide notice to ACOE and CDFW and comply with all obligations of the holder of a conservation easement under Code of Civil Procedure section 1240.055. If the Conservation Easement is condemned, the net proceeds from the condemnation shall be used in compliance with California Government Code section 65966{3), and the location of the replacement property is subject to approval by ACOE and CDFW. Within six (6) months of acquiring the replacement property, Grantor shall record a conservation easement over the replacement property, in a form approved by Grantee and ACOE prior to recordation. 12. Subsequent Transfers. (a) By Grantee. (1) This Conservation Easement may be assigned or transferred by Grantee only to another entity or organization authorized to acquire and hold conservation easements pursuant to Civil Code Section 815.3 and Government Code Section 65967 (or any successor provision(s) then applicable) or the laws of the United States and only with the prior written approval of Grantor and ACOE; and (2) Grantee shall give Grantor and ACOE at least sixty (60) days prior written notice of the proposed assignment or transfer; (3) Grantee shall record the assignment in the County of Riverside; (4) Unless otherwise agreed by Grantor, Grantee, and ACOE, along with such transfer of this Conservation Easement, Grantee shall transfer any funding remaining in any applicable endowment established under the Endowment Agreement to a qualified endowment holder under California Government Code section 65965 et seq., after satisfying all outstanding contracts and obligations on those funds. Any transfer under this section is subject to the requirements of Section 19(n). 13 DOC#2019-0149298 Page 14 of 212 (b) Dissolution of Grantee. Grantee shall immediately transfer the Conservation Easement and deliver any endowment it is then holding for purposes of this Conservation Easement to an entity or other non-profit organization in accordance with Section 12(a), if any of the following occurs: (1) Grantee ever ceases to exist or no longer qualifies under applicable state and federal law; (2) Grantee is the subject of a voluntary or involuntary petition in bankruptcy; (3) Grantee is unable to carry out its obligations under this Conservation Easement; or (4) The ACOE reasonably determines that the endowment established under the Endowment Agreement is not being held, managed, invested, or disbursed for conservation purposes and consistent with the Endowment Agreement and legal requirements. (c) By Grantor. (1) The covenants, conditions, and restrictions contained in this Conservation Easement are intended to and shall run with the land and bind all future owners of any interest in the Easement Area. Grantor, its successor or assign agrees to (i) incorporate by reference to the title of and the recording information for this Conservation Easement in any deed or other legal instrument by which each divests itself of any interest in all or a portion of the Easement Area, including, without limitation, a leasehold interest and (ii) give actual notice to any such transferee or lessee of the existence of this Conservation Easement. Grantor, its successor and assign agrees to give written notice to Grantee and ACOE of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Grantee or ACOE shall have the right to prevent subsequent transfers in which prospective subsequent claimants or transferees are not given notice of the terms, covenants, conditions and restrictions of this Conservation Easement. The failure of Grantor, its successors or assigns to perform any act provided in this Section 12 shall not impair the validity of this Conservation Easement or limit its enforceability in any way, and Grantor, its successors or assigns assume any liability relating to transfer(s) or assignment(s)to bona fide purchasers without notice of the existence or terms of this Conservation Easement. Any transfer under this section is subject to the requirements of Section 19(n). (2) From and after the date of any transfer of all or any portion of the Easement Area by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have assumed all of the obligations of Grantor as to the portion transferred, as set forth in this Conservation Easement, (ii) the transferee shall be deemed to have accepted the restrictions contained herein as to the portion transferred, (iii)the transferor, as applicable, shall have no further obligations hereunder except for any obligations pursuant to Section 19(Q), and (iv) all references to Grantor in this Conservation Easement shall thereafter be deemed to refer to such transferee. 13. Additional Interests. Grantor and its successors and assigns shall not change any existing easements or other existing interest in the Easement Area or grant any additional easements, rights of way, or other interests in the surface or subsurface of the Easement Area, or interest of any type (other than a security interest that subordinate to this Conservation Easement), or grant or otherwise abandon any water agreement relating to the Property, without first obtaining the written consent of Grantee and ACOE. Grantee or ACOE may withhold such consent if it determines that the 14 DOC#2019-0149298 Page 15 of 212 proposed interest or transfer is inconsistent with the Purpose of this Conservation Easement or may impair or interfere with the Conservation Values of the Easement Area. This section shall not prohibit transfer of a fee or leasehold interest in the Easement Area that is subject to this Conservation Easement and complies with Section 12, as applicable. Grantor, its successors and assigns shall record any additional easements or other interests in the Official Records of Riverside County, California, and shall provide a copy of the recorded document to Grantee and ACOE. 14. Notices. All notices, demands, requests, consents, approvals, or communications from one party to another shall be personally delivered or sent by facsimile to the persons set forth below or shall be deemed given five (5) days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as any Party may from time to time specify to the other parties in writing: To Grantor: City Attorney City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 Fax: 760-770-0399 To Grantee: Coachella Valley Conservation Commission 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Fax: 760-340-5949 With a copy to: District Counsel U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard, Room 1535 Los Angeles, CA 90017-3401 FAX: 213-452-4217 If the Conservation Easement is assigned, the assignment document shall update the Notices provisions. When the underlying fee for the Easement Area is conveyed, the successor-in-interest shall record a document entitled Conservation Easement/Change of Notices Provisions. 15. Amendment. Grantor and Grantee may amend this Conservation Easement only by mutual written agreement and subject to the prior written consent of the ACOE.Any such amendment shall be consistent with the Purpose of this Conservation Easement and shall not affect its perpetual duration. Grantor shall record any amendments to this Conservation Easement approved by the Grantee and ACOE in the official records of Riverside County, California and shall provide a copy of the recorded document to the Grantee and ACOE. 15 DOC#2019-0149298 Page 16 of 212 16. Long-Term Management. (a) Responsibility for Long-term Management. Grantor, its successors and assigns shall be responsible for in-perpetuity, ongoing, long-term management of the Easement Area as prescribed in the Long-term Management Plan prepared by Terra Nova Planning & Research, Inc. dated January 22, 2018 (the "Management Plan"), a copy of which is attached hereto at"Exhibit F." (b) Restoration Responsibilities. Grantor, Grantee, their successors and assigns shall each individually be obligated to repair, remediate, or restore the Easement Area damaged by any activities prohibited by Section 3 herein for which it is responsible. (c) Annual Reporting. Grantee shall prepare an annual monitoring and maintenance report documenting activities performed under Section 16(a)(2) above, and shall make such report available to Grantor, ACOE upon request. (d) Grantor Restoration. When activities are performed pursuant to Section 16(b)for which Grantor is responsible, Grantor, its successors and assigns, by and through the Land Manager, shall retain, at Grantor's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Grantor shall have its Biological Monitor submit a draft Restoration Plan to Grantor and ACOE for review and for ACOE written approval prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Grantor shall have a Biological Monitor prepare a detailed monitoring report, and Grantor shall make the report available to Grantee and ACOE within thirty(30)days of completion of restoration activities. Grantor, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantor, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. (e) Grantee Restoration. When activities are performed pursuant to Section 16(b) for which Grantee is responsible, Grantee shall retain, at Grantee's expense, a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration activities. Grantee shall have a Biological Monitor submit a draft Restoration Plan to ACOE for review and written approval prior to its implementation. Upon completion of restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report, and Grantee shall make the report available to ACOE within thirty (30) days of completion of restoration activities. Grantee, its successors or assigns and Biological Monitor shall sign the monitoring report, and the report shall document the Biological Monitor's name and affiliation, dates Biological Monitor was present on-site, activities observed and their location, Biological Monitor's observations regarding the adequacy of restoration performance by the Grantee, its successors or assigns, or its contractor in accordance with the approved Restoration Plan, corrections recommended and implemented. 17. Recordation. Grantee shall promptly record this instrument in the official records of Riverside County, California and immediately notify the Grantor and ACOE through the mailing of a conformed copy of the recorded easement. Grantee may re-record it at any time as Grantee deems necessary to preserve its rights in this Conservation Easement. 18. Estoppel Certificate. Upon request, Grantee shall within fifteen (15) days execute and deliver to Grantor, its successors and assigns any document, including an estoppel certificate, which certifies compliance with any obligation of Grantor, its successors and assigns contained in this Conservation Easement and otherwise evidences the status of this Conservation Easement as may 16 DOC#2019-0149298 Page 17 of 212 be requested by Grantor, its successors and assigns. 19. General Provisions. (a) Controlling Law. The laws of the United States and the State of California, disregarding the conflicts of law principles of such state, shall govern the interpretation and performance of this Conservation Easement. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed in favor of and to accomplish the Purpose of this Conservation Easement and the policy and purpose set forth in California Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the Purpose of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severability. If a court of competent jurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument together with the attached exhibits and any documents referred to herein sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment in accordance with Section 15. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors and Assigns. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall constitute a servitude running in perpetuity with the Easement Area.The covenants hereunder benefiting Grantee shall also benefit the ACOE as a third party beneficiary. (g) Termination of Rights and Obligations. Provided the transfer was consistent with the terms of this Conservation Easement, a party's rights and obligations under this Conservation Easement shall terminate upon transfer of the party's interest in the Conservation Easement or Easement Area (respectively), except that liability for acts or omissions occurring prior to transfer shall survive transfer. (h) 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 its construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts,which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between 17 DOC#2019-0149298 Page 18 of 212 the counterparts produced, the recorded counterpart shall be controlling. (j) Exhibits. All Exhibits referred to in this Conservation Easement are attached and incorporated herein by reference. (k) No Hazardous Materials Liability. (1) Grantor represents it is unaware of any release or threatened release of Hazardous Materials (defined below) or underground storage tanks existing, generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or from the Property, or transported to or from or affecting the Property. (2) Without limiting the obligations of Grantor herein, Grantor hereby releases and agrees to indemnify, protect, defend and hold harmless the Grantee Indemnified Parties and the ACOE Indemnified Parties (each defined in Section 9(b)) against any and all Claims (defined in Section 9(b)(1))arising from or connected with any Hazardous Materials or underground storage tanks present, alleged to be present, released in, from, or about, or otherwise associated with the Property at any time, except that (A) this indemnification shall be inapplicable to the Grantee Indemnified Parties with respect to any Hazardous Materials placed, disposed, or released by Grantee and (B) this indemnification shall be inapplicable to the ACOE Indemnified Parties with respect to any Hazardous Materials placed, disposed, or released by ACOE. This release and indemnification includes, without limitation, claims for injury to or death of any person or physical damage to any property; and the violation or alleged violation of, or other failure to comply with, any Environmental Laws (defined below). (3) Despite any contrary provision of this Conservation Easement, the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be, construed such that it creates in or gives Grantee and ACOE any of the following: (i) The obligations or liabilities of an "owner" or "operator," as those terms are defined and used in Environmental Laws (defined below), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA"); or (ii) The obligations or liabilities of a person described in 42 U.S.C. Section 9607(a)(3) or(4); or (iii) The obligations of a responsible person under any applicable Environmental Laws; or (iv) The right to investigate and remediate any Hazardous Materials associated with the Property unless said investigation or remediation is related to the investigation or remediation of the Easement Area; or (v) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean up any Hazardous Materials associated with the Property unless said investigation or remediation by Grantor is related to the Easement Area. 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 18 DOC#2019-0149298 Page 19 of 212 in CERCLA; Resource Conservation and Recovery Act (42 U.S.C. 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 Conservation Easement. 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. Grantor and Grantee represents, warrants and covenants to each other and to ACOE that Grantor and Grantee's activities upon and use of the Easement Area will comply with all Environmental Laws. (I) Extinguishment. If circumstances arise in the future that render the Purpose of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction. (m) Warranty. Grantor represents and warrants that there are no outstanding mortgages, liens, deeds of trust, encumbrances or other interests in the Easement Area (including, without limitation, mineral interests)which have not been expressly subordinated to this Conservation Easement, and that the Easement Area is not subject to any other conservation easement. (n) No Merger. The doctrine of merger shall not operate to extinguish this Conservation Easement if the Conservation Easement and the Easement Area become vested in the same party. If, despite this intent, the doctrine of merger applies to extinguish the Conservation Easement then, unless Grantor, Grantee, and ACOE otherwise agree in writing, a replacement conservation easement containing the same protections embodied in this Conservation Easement shall be recorded against the Easement Area. (o) Change of Conditions. If one or more of the Purposes of this Conservation Easement may no longer be accomplished, such failure of purpose shall not be deemed sufficient cause to terminate the entire Conservation Easement as long as any other purpose of the Conservation Easement may be accomplished. In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Conservation Easement or be considered grounds for its termination or extinguishment. Grantor and Grantee agree that global warming and climate change-caused effects shall not be a basis for termination of this Conservation Easement. (p) Third-Party Beneficiaries. Grantor and Grantee acknowledge that ACOE is a third-party beneficiary of this Conservation Easement with the right of access to the Property and Easement Area and the right to enforce all of its provisions and all other rights and remedies of the Grantee under this Conservation Easement. [REMAINDER LEFT INTENTIONALLY BLANK] 19 DOC#2019-0149298 Page 20 of 212 IN WITNESS WHEREOF Grantor and Grantee have executed this Conservation Easement the day and year first above written and have agreed to be bound by the terms and provisions hereof. GRANTOR: City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 p By: / 1.‘ Of Li- Name: Charles P. McClendon Title: City Manager 20 DOC #2019-0149298 Page 21 of 212 CERTIFICATE OF 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 (Ic d j-kv ii IGS ) County of Pi I ve VS-0e_ ) On R� oAci v1�j 201-2,0q before me, 1 tGl('eq . H6i Iii-Iv N YWI vv uL4 I� Date J e Insert Name and Title of the diticer personally appeared Ci V-c I' P. i-'lC ICV JJ t� `J Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose name(sf is/ac subscribed t9 the within instrument and acknowledged to me that he/she/tl 4i executed the same in his/hr/thejrt authorized capacity(), and that by :�- 1/4, TRACEY R. MARTINEZ his/h9r/ their signature(s)16n the instrument the person(sj, or the _ ,411114Commission*2104537 entity upon behalf of which the person(s,)/acted, executed the 1 Notary Public-California, instrument. _ r Riverside County M Comm.E fres A r21,2019 • I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Slgnaturki,A.C4 (-'_0'l -�-t--V---e--4 v Place Notary Seal Above 1892181.7 21469-930 DOC#2019-0149298 Page 22 of 212 CERTIFICATE OF ACCEPTANCE This is to certify that the Conservation Easement by the City of Cathedral City, a municipal corporation, dated fari. ury , 2019, to Coachella Valley Conservation Commission is accepted by the undersigndd officers on behalf of Grantee. GRANTEE [notarization required]: Coachella Valley Conservation Commission 73-710 Fred Waring Drive, Suite 200 Palm Desert 4- 92260 By: Name: Tom irk Title: Executive Director Date: _ iNg0 Attest: By: Name. Michael Jenkin Title: General Counsel Date: 21 DOC#2019-0149298 Page 23 of 212 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 <wR <�«< 1..M..a< c_..«< <.7 <�<.^,~P.I.�<<"<< < <. C s�_a<..w<_ca < < <ANI.,I.<..c. _ad_�i•_sa. 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 r1i Uek51 cte ) On 2l IS/r.931c/ before me, --)/4,16,... i ezc, A �C.1bi1 , Date Here Insert Name an Title of the Officer personally appeared /O1Y\ Kii-k Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person whose name(s)`jare subscribed to the within instrument and acknowledged to me that 6/she/they executed the same in #(i her/their authorized capacity ie ,and that byYher/their signature s on the instrument the person; or the entity upon behalf of which the person(,sacted, executed the if�strument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. •+ DIANA ROSASIF Signature :'• .i.,; Notary Public-California z 1 • Riverside County t Signature of Notary Public f Commission#2217248 '`' f, tiny Comm.Expires Nov 4,2021 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document f / Title or Type of Document: CD r Uctl'r`bnl klefl kI- ,beec Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: / ./OrIc- Signer's Name: El Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee El Guardian or Conservator ❑Trustee ❑Guardian or Conservator g Other: )ceCc.cfr~Lre.. 7. irpc r— ❑ Other: Signer Is Representing: CoccclteflcL ()Oki Signer Is Representing: Cnservof rYol Corypn*-5EtkOiN 6:.4.54,VG'✓GVGVGVGV vGVG ± O'.SGVGSS.G'..G'..W.S%:tiG'✓K.S: Gv4•W,vG'✓v %.•,,4 GU G�r�4'cr:✓q...(G' ©2014 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5907 DOC#2019-0149298 Page 24 of 212 Exhibit A Legal Description of Property [See Attached] 22 DOC#2019-0149298 Page 25 of 212 EXHIBIT "A" THE "PROPERTY" Grantor is the sole owner in fee simple of real property containing 105.36 acres located in the City of Cathedral City, County of Riverside, State of California (the "Property"). Parcel 2 of Parcel Map No. 24915, as shown on the map filed for record in Parcel Map Book 159, at Pages 88 through 90, inclusive, Records of Riverside County, California. Said Parcel 2 is also described in the Grant Deed to the City of Cathedral City, recorded on December 27, 1989, as Instrument No. 453120, in Official Records of Riverside County, California. Assessor Parcel No. 686-260-011 686-260-014 686-270-003 686-270-004 686-270-006 686-310-004 686-310-010 686-310-011 686-310-013 686-310-014 DOC#2019-0149298 Page 26 of 212 Exhibit B Legal Description of Easement Area [See Attached] 23 DOC#2019-0149298 Page 27 of 212 EXHIBIT "B" LEGAL DESCRIPTION OF CONSERVATION EASEMENT AREA ON PORTIONS OF PARCEL 2 OF PARCEL MAP 24915 Those portions of Parcel 2 of Parcel Map No. 24915, as shown in Parcel Map Book 159, at Pages 88 through 90, inclusive, in the office of the County Recorder of Riverside County, California, described as follows: Beginning at the Northerly terminus of that certain course in the boundary of said Parcel 2 of Parcel Map 24915, shown on said Parcel Map as Course No. 7, having a bearing of North 18° 03' 47" West, and a distance of 331.16 feet; Thence, South 18° 03' 47" East, 111.44 feet along the boundary of said Parcel 2 to the True Point of Beginning, said point being the point of intersection of the boundary of said Parcel 2 with a North line of the boundary of a Conservation Easement on a portion of Parcel 1 of Parcel Map 24915, described in that certain Instrument recorded on January 20, 2000, as Instrument No. 020749, Official Records of Riverside County; Thence, leaving said boundary of Parcel 2, North 78° 32' 27" East, 1049.01 feet to a point in the boundary of said Parcel 2 of Parcel Map 24915, shown as Course No. 16 on said Parcel Map, having a bearing of North 59° 26' 46" West and a distance of 282.17 feet; The following sixteen (16) courses are all along the boundary of said Parcel 2 as shown on said Parcel Map 24915: Thence, from said point, South 59° 26' 46" East, 37.17 feet to the beginning of a tangent curve, concave Westerly and having a radius of 125.00 feet; Thence, Southeasterly and Southwesterly along said curve through a central angle of 141° 36' 31" an arc distance of 308.94 feet to the beginning of a reverse curve, concave Southeasterly and having a radius of 500.00 feet, a radial of said reverse curve through the point of reverse curvature bears North 07° 50' 15" West; Thence, Southwesterly along said reverse curve through a central angle of 83° 48' 28", an arc distance of 731.36 feet to the beginning of a reverse curve, concave Westerly and having a radius of 350.00 feet, a radial of said reverse curve through the point of reverse curvature bears North 88° 21' 17" East; Thence, Southerly along said reverse curve through a central angle of 27° 42' 42" an arc distance of 169.28 feet; Thence, South 26° 03' 59" West, 563.57 feet to the beginning of a tangent curve, concave Northwesterly and having a radius of 150.00 feet; Thence, Southwesterly along said curve through a central angle of 40° 52' 16" an arc distance of 107.00 feet; August 6, 2018 drf 1 DOC#2019-0149298 Page 28 of 212 Thence, South 66° 56' 15"West, 249.11 feet; Thence, South 03° 34' 52" West, 77.61 feet to the beginning of a tangent curve concave Northerly and having a radius of 75.00 feet; Thence, Southerly, Southwesterly and Northerly along said curve through a central angle of 209° 34' 49" an arc distance of 274.34 feet; Thence, North 33° 09' 41" East, 202.90 feet; Thence, North 63° 42' 42" East, 208.64 feet; Thence, North 07° 03' 02" East, 276.68 feet; Thence, North 58° 17' 32" West, 171.23 feet to the beginning of a tangent curve, concave Easterly and having a radius of 175.00 feet; Thence, Northerly along said curve through a central angle of 73° 35' 48" an arc distance of 224.79 feet; Thence, North 15° 18' 16" East, 406.80 feet; Thence, North 18° 03' 47" West, 219.72 feet to the True Point of Beginning. Containing 18.706 acres, more or less. /// The above description covers all of Assessor Parcel 686-310-011and a portion of Assessor Parcel 686-310-014. Prepared by /OA-a1 1714'2A-117 David R. Faessel RCE 1 731 _soFEssio4, 9.. ct• o cc• 0". Z., Cf R.C.E. 18731 1:2 L.J r*, cg, m eOfi' V 1410‘'i eS. August 6, 2018 drf 2 DOC#2019-0149298 Page 29 of 212 PETER ALDANA COUNTY OF RIVERSIDE ASSESSOR-COUNTY CLERK-RECORDER ENGINEERING SEAL CLARITY Under the provisions of Government Code Section 27361.7, I certify under the penalty of perjury that the Engineering seal on the document to which this statement is attached reads as follows: REGISTERED PROFESSIONAL ENGINEER STATE OF CALIFORNIA DAVID R. FAESSEL NO. 18731 CIVIL Date: /11A/Le//- I/ Z&f Signature: Printed name: 7)4 vi p . DOC#2019-0149298 Page 30 of 212 Exhibit C Depiction of Easement Area [See Attached] 24 DOC #2019-0149298 Page 31 of 212 N / Ali k /s,ekt?-. • E ----K4 / / e',R•\ , cp,s43 7 0 4. 00 t S / .:z / / c, q_ / .s.,z, ._,,, 40,7 0- vTo (( ciRc H/- .k°,q 0 0 <5.-. cm .q El El el '14 E. UNE OF PVT. ROAD PER 2075/102 O.R.—N41 1 ED & 1968-19088 I . z 0.1 &1968-19089 Eil E. UNE OF PVT. ROAD 1964-120078 O.R. 1BLI El 1.4 EN b.N4' %.‘ N6871171 0 (R) Q l'"egN5 g() '• \ ' D41 ?0?•;,\4,'2- 1 b.o' 59 \ 1 5 4 8 9 C.'s-_I,Q M •% 2) AREA OF EASEMENT o o = 18.706 AC . .zs 6z- El g cc- H A* R 0•11 u--h--- El Rik°FESS/04, g co k:2. F-4 -.1 $. 0 4" 4\ 6"Sler% 1 I N- 07 cz, — , r u R.C.E. 18731 m m 1 c:G a /-0.04:4 -----.04__---/ xce-- / 3/ c op CAL\ C3 'i --E. 7-0/9 SDcaatel: : EXHIBIT "C" N.T.S. CONSERVATION EASEMENT Cathedral City EAST CATHEDRAL COVE Sheet: 1 of 2 !..1 City of Cathedral City Sheets 1 68-CaedArvael n icCitly,'eel. 9 ° G2u271em APN: 686-310-011 Drawn By; KSL Ph. (760) 770-0340 POR. APN 686-310-014 Checked By: DRF .r" DOC#2019-0149298 Page 32 of 212 LINE DATA: Fr BEARING DISTANCE 1 N 18° 03' 47" W 111. 44' 2 N 78° 32' 27" E 1049. 01' 3 N 59° 26' 46" W 282. 17' 4 N 59° 26' 46" W 37. 17' 5 N 26° 03' 59" E 563. 57' 6 N 66° 56' 15" E 249. 11' 7 N 03° 34' 52" E 77. 61' 8 N 33° 09' 41" E 202. 90' 9 N 63° 42' 42" E, 208. 64' 10 N 07° 03' 02" E 276. 68' 11 N 58° 17' 32" W 171. 23' 12 N 15° 18' 16" E 406. 80' 13 N 18° 03' 47" W 219. 72' CURVE DATA: 0 RADIUS LENGTH DELTA TANGENT 1 50. 00' 126. 91' 145° 25' 30" 160. 65' 2 125. 00' 308. 94' 141° 36' 31" 359. 04' 3 500. 00' 731. 36' 83° 48' 28" 448. 69' 4 350. 00' 169. 28' 27° 42' 42" 86. 33' 5 150. 00' 107. 00' 40° 52' 16" 55. 89' 6 75. 00' 274. 34' 209° 34' 49" 7 175. 00' 224. 79' 73° 35' 48" 130. 91' d c` 5 EXHIBIT "C" N.T.S. CONSERVATION EASEMENT D'e: Cathedral City EAST CATHEDRAL COVE Sheet: 2 of 2 City of Cathedral City Sheets 68-700 Avenida Lola Guerrero APN: 686-310-911 Drown By; KSL Goged7( 160G)It) :0?324234 770-0340 POR. APN 686-310-014 Checked By: DRF DOC#2019-0149298 Page 33 of 212 Exhibit D Title Report [See Attached] 25 DOC #2019-0149298 Page 34 of 212 ' � ��U��^ LawyeoT�ksCompany ��U� Lawyers Title* 348OV|neSbeet5uite30O � Riverside, CA 92507 Phone: (951) 774-0825 Fax: ( ) Overland , Pacific & Cutler, Inc. Title Officer: Peggy Jones--So 3750 Schaufele Avenue Suite 150 emai|: tu07@V|Uc.com Long Uench , CA 90808 Phone No.: (951) 774-0825 x 617 Fax No.: (866) 657-1033 Attn: John Cutler File No.: 614671015 Your Reference No: Property Address: Riverside, California 3rd UPDATED PRELIMINARY REPORT Dated as of February 27, 2017 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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. Limitation on Covered Risks applicable to the [[TA and ALTA 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are notcomered 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. CLTA Preliminary Report Form - Modified (11'17'06) Page 1 DOC#2019-0149298 Page 35of 212 File No: 614671015 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Owners 2006 ALTA Loan 2006 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: The City of Cathedral City The land referred to herein is situated in the County of Riverside, State of California, and is described as follows: SEE EXHIB/T"A"ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form— Modified(11-17-06) Page 2 DOC#2019-0149298 Page 36 of 212 File No: 614671015 EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: A Proposed Conservation Easement, more particularly described as follows: Those portions of Parcel 2 of Parcel Map No. 24915, as shown in ParceMap Book 159, at Pages 88 through 90, inclusive, in the Office of the County Recorder of Riverside County, California, described as follows: Beginning at the Northerly terminus of that certain course in the boundary of said Parcel 2 of Parcel Map No. 24915, shown on said Parcel Map as Course No. 7, having a bearing North 18°03'47" West, and a distance of 331.16 feet; Thence South 18"03'47" East, 111.44 feet along the boundary of said Parcel 2 to the true point of beginning, said point being the point of intersection of the boundary of said Parcel 2 with a North line of the boundary of a Conservation Easement on a portion of Parcel 1 of Parcel Map 24915, described in that certain Instrument recorded on January 20, 2000 as Instrument No. 020749 of Official Records of Riverside County. Thence leaving said boundary of Parcel 2 North 78°32'27" East, 1049.01 feet to a point in the boundary of said Parcel 2 of Parcel Map 24915, shown as Course No. 16 on said Parcel Maps, having abearing ufNorth S9"ZO'46"West and adistance of29Z.17feet; The following sixteen (16) courses are all along the boundary of said Parcel 2 as shown on said Parcel Map 24915; Thence, from said point, South 59°25'4O^ East, 37.17feet tothe beginning nfatangent curve, concave Westerly and having a radius of 125.00 feet; Thenoe, SnutheastedyandSouthwestedya|nngsaidcune [hroughacerdra| ang|eof141"36'31" an arc distance of 308.94 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 500.00 feet, a radial of said reverse curve through the point of reverse curvature bears North 07°50'15"West; Thence, Southwesterly along said reverse curve through a central angle of 83°48'28"an arc distance of 731.36 feet to the beginning of a reverse curve, concave Westerly and having a radius of 350.00 feet, a radial of said reverse curve through the point of reverse curvature bears North 88°21'17"East; Thence, Southerly along said reverse curve through a central angle of 27°42'42"an arc distance of 169.28 feet; • Thence, South 26°03'59"West, 563.57 feet to the beginning of a tangent curve, concave Northwesterly and having a radius of 150.00 feet; Thence Southwesterly along said curve through a central angle of 40°52'16"an arc distance of 107.00 feet; Thence South 66=56'1S"West, 249.11feet; Thence South 03°34'52"West, 77.61 feet to the beginning of a tangent curve concave Northerly and having a radius of 75.00 feet; CLTA Preliminary Report Form—Modified (11-17'06) Page 3 DOC#2019-0149298 Page 37 of 212 File No: 614671015 Thence, Southerly, Southwesterly and Northerly along said curve through a central angle of 209°34'49"an arc distance of 274.34 feet; Thence North 33°09'41" East, 202.90 feet; Thence North 63°42'42" East, 208.64 feet; Thence North 07°03'02" East, 276.68 feet; Thence North 58°17'32"West, 171.23 feet to the beginning of a tangent curve, concave Easterly and having a radius of 175.00 feet; Thence Northerly along said curve through a central angle of 73°35'48"an arc distance of 224.79 feet; Thence North 15°18'16" East, 406.80 feet; Thence North 18°03'47"West, 219.72 feet to the true point of beginning. Assessor's Parcel No: 686-310-004; 686-310-010; 686-310-011 and 686-310-014 CTA Preliminary Report Form- Modified (11-17-06) Page 4 DOC#2019-0149298 Page 38 of 212 File No: 614671015 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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 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. CLTA Preliminary Report Form—Modified (11-17-06) Page 5 DOC#2019-0149298 Page 39 of 212 File No: 614671015 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. B. There were no taxes levied for the fiscal year 2016-2017 as the properties 686-310-004-4; 686- 310-010-9; 686-310-011-0 and 686-310-014-3 were vested in a public entity. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) in favor of the public over any existing roads lying within said Land. 3. Intentionally Deleted. 4. Intentionally Deleted. CLTA Preliminary Report Form-Modified (11-17-06) Page 6 DOC#2019-0149298 Page 40 of 212 File No: 614671015 S. Intentionally Deleted 6. Intentionally Deleted 7. Intentionally Deleted 8. Intentionally Deleted 9. Intentionally Deleted 10. Intentionally Deleted 11. Intentionally Deleted 12. Intentionally Deleted. 13. A declaration of covenantsconditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Recorded: February 26, 2002 as Instrument No. 2002-98629 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.B.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. 14. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: The Redevelopment Agency of the City of Cathedral City Recording Date: September 10, 2008 Recording No: as Instrument No. 2008-0496702 of Official Records 15. Any policy of title insurance issued under this application will not insure a legal right of access to and from said Land. Insuring Provision will be deleted. 16. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CLTA Preliminary Report Form— Modified (11'17-00) Page 7 DOC#2019-0149298 Page 41 of 212 File No: 614671015 17. Any rights of the parties in possession of a portion of,or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 18. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 19. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE"NOTES AND REQUIREMENTS SECTION"WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form—Modified (11-17-06) Page 8 DOC #2019-0149298 Page 42 of 212 File No: 614671015 REQUIREMENTS ��������U�" ~~~~~~ . �~~.~" Req. No. 1: The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: The City of Cathedral City a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a'parent'organization, a copy of the Articles and By-laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form- Modified (11'17'06) Page 9 DOC#2019-0149298 Page 43 of 212 File No: 614671015 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general locaon of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. Note No. 3: Lawyers Title isa division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. CLTA Preliminary Report Form- Modified (11,17-06) DOC#2019-0149298 Page 44 of 212 File No: 614671015 Note No. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Processor: cph / cph/ SAH Date Typed: March 25, 2014/ December 3, 2015/ March 4, 2017 CTA Preliminary Report Form- Modified (11-17-06) Page 11 DOC #2019-0149298 Page 45 of 212 File No: 614671015 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION 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. Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 12 DOC #2019-0149298 Page 46 of 212 File No: 614671015 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B,You are not insured against loss,costs,attorneys'fees,and expenses resulting from: I. 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; d. 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 Land. This Exclusion does not limit the coverage described in Covered Risk I I 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. 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: Our Maximum Dollar Your Deductible Amount Limit of Liability Covered Risk 16: 1.00%of Policy Amount Shown in Schedule A $10,000.00 or$2 500.00 (whichever is less) Covered Risk 18: 1.00%of Policy Amount Shown in Schedule A $25.000.00 or$5,000.00 (whichever is less) Covered Risk 19: 1.00%of Policy Amount Shown in Schedule A $25,000.00 or$5.000.00 (whichever is less) Covered Risk 21: I.00%of Policy Amount Shown in Schedule A $5,000.00 or$2,500.00 (whichever is less) • Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 13 DOC #2019-0149298 Page 47 of 212 File No: 614671015 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: I. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records • on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date—unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN 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 of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion I(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk I I,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. Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 14 DOC #2019-0149298 Page 48 of 212 File No: 614671015 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 11(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 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: 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. 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: 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 of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy, state insolvency,or similar creditors' rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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: I. (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. Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 15 DOC #2019-0149298 Page 49 of 212 File No: 614671015 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07-26-10) 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 govermnental regulation(including those relating to building and zoning)restricting,regulating, prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6, 13(c),13(d),14 or 16. 2. Rights of eminent domain.This Exclusion does not modify or limit it 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 11(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. Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 16 DOC#2019-0149298 Page 50 of 212 File No: 614671015 Lawyers �� ' N �� �� Lawyers Title Company to 348DVineStveetSu|0e ]OO Riverside, CA 92507 Phone: (951) 774-0825 Fax: ( ) Order No. 614671015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC- Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discount Mod, 10/21/2011 CLTA Preliminary Report Form -Modified (11-17-06) Page 17 DOC#2019-0149298 Page 51 of 212 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc, we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may How Information is Collected. We may collect provide us with certain personal information about personal information from you via applications, you, like your contact information, forms, and correspondence we receive from you addressdemographic information, social security and others related to our transactions with you. number (SSN), driver's license, passport, other When you visit our websites from your computer government ID numbers and/or financial or mobile device, we automatically collect and information. We may also receive browsing store certain information available to us through information from your Internet browser, computer your Internet browser or computer equipment to and/or mobile device if you visit or use our optimize your website experience. websites or applications. Use of Collected Information. We request and When Information Is Disclosed. We may use your personal information to provide products disclose your information to our affiliates and/or and services to you, to improve our products and nonaffiliated parties providing services for you or services, and to communicate with you about us, to law enforcement agencies or governmental these products and services. We may also share authorities, as required by law, and to parties your contact information with our affiliates for whose interest in title must be determined. marketing purposes. Choices With Your Information. Your decision Information From Children. We do not to submit information to us is entirely up to you. knowingly collect information from children who You can opt-out of certain disclosure or use of are under the age of 13, and our website is not your information or choose to not provide any intended to attract children. personal information to us. Privacy Outside the Website. We are not International Users. By providing us with you responsible for the privacy practices of third information, you consent to its transfer, parties, even if our website links to those parties' processing and storage outside of your country of websites. residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By Access and Correction; Contact Us. If you submitting information to us or by using our desire to contact us regarding this notice or your website, you are accepting and agreeing to the information, please contact us at terms of this Privacy Notice. privacv(afntcom or as directed at the end of this Privacy Notice. Effective May 1,2015; Last updated March 1,2017 Copyright C)2017.Fidelity National Financial,Inc.All Rights Reserved. DOC#2019-0149298 Page 52 of 212 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc' and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, "FNF", "our"or"we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the"Website"). Times of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate- and Joan-related services to you. Bnuwsinn Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing In formation from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services,jointly or independently. Effective May 1,2015; Last updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.All Rights Reserved. DOC#2019-0149298 Page 53 of 212 When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders,judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes — information about your transactions and experiences. Effective May 1,2015; Last updated March 1,2017 Copyright©2017.Fidelity National Financial, Inc.All Rights Reserved. DOC#2019-0149298 Page 54 of 212 You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates'everyday business purposes— information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize"do not track"requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINF0@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. Effective May 1,2015; Last updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.All Rights Reserved. DOC#2019-0149298 Page 55 of 212 The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: 'first and last name; •property address; 'user name and password; 'loan number; o socia| security number- masked upon entry; o email address; 'three security questions and answers; and •IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. 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DOC#2019-0149298 Page 56 of 212 Exhibit E Biological Resources Assessment Report 26 DOC#2019-0149298 Page 57 of 212 ame EAST CATHEDRAL COVE PRESERVE UNIT BIOLOGICAL RESOURCES ASSESSMENT REPORT IN SUPPORT OF THE DESERT COVE LONG-TERM MANAGEMENT PLAN FOR THE Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project Application No.: SPL-2010-00505-VCG CATHEDRAL CITY, RIVERSIDE COUNTY, CALIFORNIA DRAFT Prepared for: Terra Nova Planning and Research, Inc. 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 Tel: (760)341-4800 Fax (760)341-4455 Contact: John D. Criste,AICP icriste@terranovaplanning.com Prepared by: AMEC Environment& Infrastructure 3120 Chicago Avenue, Suite 110 Riverside, California 92507 Tel: (951) 369-8060 Fax: (951)369-8035 Principal Investigator: Matt Amalong, Wildlife Biologist matt.amalong@amec.com July 2014 AMEC Project No. 322520059 DOC#2019-0149298 Page 58 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 TABLE OF CONTENTS 1.0 INTRODUCTION 3 2.0 EAST CATHEDRAL COVE PRESERVE UNIT LOCATION 3 3.0 METHODS 3 3.1 Literature Review 3 3.2 Habitat Assessment 4 4.0 BIOLOGICAL RESOURCES 4 4.1 Coachella Valley MSHCP 4 4.2 Topography 4 4.3 Waters 4 4.4 Soils 5 4.5 Habitat Communtities 5 4.6 Species Present and Potentially Present 5 4.6.1 Endangered and Threatened Species 14 4.6.2 Rare Species and Species of Special Concern 15 5.0 MANAGEMENT AND MONITORING 16 5.1 Waters 16 5.2 Covered Species 16 5.2.1 Threatened/Endangered Plant Species Monitoring 16 5.2.2 Threatened/Endangered Animal Species Monitoring 17 5.3 Invasive Species 17 5.4 Security, Safety, and Public Access 17 5.4.1 Trash and Trespass 17 5.4.2 Fire Hazard Reduction 18 5.4.3 Fences and Gates 18 6.0 REFERENCES 18 Page 1 DOC#2019-0149298 Page 59 of 212 East Cathedral Cove Preserve Unit Biological Resources Asst Report Terra Nova Planning and Research, Inc. July 2014 LIST OF FIGURES Figure 1 Project Location and Vioinih/ Figure 2 Soils Map Figure 3 Vegetation Map LIST OF TABLES Table 1 Special-Status Biological Resources Occurring or Potentially Occurring in the Project Vicinity LIST OF APPENDICES Appendix 1 Site Photographs DOC#2019-0149298 Page 60 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 1.0 INTRODUCTION AMEC Environment & Infrastructure (AMEC) was contracted by Terra Nova Planning and Research, Inc. (Terra Nova) to conduct a biological resources assessment for mitigation lands originally proposed for conservation in response to the creation of the now abandoned Desert Cove Golf Resort. In 2006, AMEC prepared The Desert Cove Management Plan (Plan) (AMEC 2006) to describe the approaches and goals for the management of the Desert Cove Preserve Units (Preserve Units) in perpetuity. There were four Preserve Units totaling 252.15 acres that were to make up the Desert Cove Habitat Preserve (Preserve). These preserve units were never placed under a conservation easement and currently have no special protection or conservation management plan. This report assesses the East Cathedral Cove Preserve Unit, which is approximately 39 acres. The Plan is not intended to cover direct species monitoring or preservation, and species monitoring is not a requirement of the permits. The Plan is for maintenance of the individual Preserve Unit, which functions as part of the larger species preservation goal. Generally, management of the Preserve will favor the maintenance and appropriate enhancement of native plants and animals, and human activities that detract from these goals will not be permitted. Thus, the Preserve was established for the benefit of native species and is not intended as an area for human recreational activities. 2.0 EAST CATHEDRAL COVE PRESERVE UNIT LOCATION The East Cathedral Cove Preserve Unit is located in the southwest corner of the United States Geologic Society (USGS) Cathedral City 7.5' quadrangle in Cathedral City, Riverside County, California (Figure 1) at the base of the foothills of the Santa Rosa Mountains. The Assessor Parcel Numbers (APN) are 686-310-010, 686-310-011, and 686-310-014. These three parcels are located in the Santa Rosa and San Jacinto Mountains Conservation Area of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Surrounding land use includes a single-family subdivision to the north, and undeveloped land to the east, west, and south. 3.0 METHODS 3.1 Literature Review Prior to the field survey, a records search was conducted to identify the historical occurrences of special-status species and/or habitats in the vicinity of the East Cathedral Cove Preserve Unit. This search included a review of the California Department of Fish and Wildlife (CDFW) Natural Diversity Data Base (CNDDB), a review of the California Native Plant Society (CNPS) Rare and Endangered Vascular Plants of California, a review of the CVMSHCP, a review of recent aerial photographs, and a review of other pertinent documents from the AMEC library and project files (e.g., other biological surveys from the general vicinity). Page 3 DOC#2019-0149298 Page 61 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 3.2 Habitat Assessment AMEC wildlife biologist Matt Amalong conducted a habitat assessment of the East Cathedral Cove Preserve Unit on June 2, 2014. Weather conditions were 80'103 degrees Fahrenheit, 50 percent cloud oovar, and winds at 0-5 mph. Data were collected by the use of a hand-held Global Positioning System (GPS), photographs, and aerial field maps. The Preserve Unit was surveyed to assess the presence of special-status species and habitats. 4.0 BIOLOGICAL RESOURCES Appendix I contains site photographs along with a "photo point" map. 4.1 Coachella Valley MSHCP The East Cathedral Cove Preserve Unit is located within the Santa Rosa and San Jacinto Mountains Conservation Area of the CVMSHCP. The Santa Rosa and San Jacinto Mountains Conservation Area encompasses virtually all of the desert slopes of the Santa Rosa and San Jacinto Mountains as well as much of the highar'e|evaUon areas of the Santa Rosa Mountains. This Conservation Area is linked to the south with Anza Borrego Desert State Park and to the west with San Bernardino National Forest areas and Mt. San Jacinto State Park. To the north, this Conservation Area is contiguous with the Snow Creek/Windy Point Conservation Area, which includes two biological corridors to the San Bernardino Mountains. The Santa Rosa and San Jacinto Mountains Conservation Area contains a total of approximately 211,070 acres. 4.2 Topography The Preserve Unit is located at the base of the foothills of the Santa Rosa Mountains. Two desert dry wash "forks" occur on this Preserve Unit, the west fork and the east fork, both flowing south to north, from approximately 730 feet to 630 feet in elevation. A higher elevation ridge rising to over 800 feet separates the two washes and is not a part of this Preserve Unit. 4.3 Waters AMEC conducted a jurisdictional delineation for the Preserve Unit (AMEC 2014). A brief summary is provided below. The two ephemeral desert wash systems that occur within the Preserve Unit flow to the mmrth, separated by a ridge, and join just beyond the north side of the Preserve Unit. Runoff from the site flows into a drainage channel that backs the subdivision immediately to the north of the Preserve Unit. This mostly linear channel then flows northeast into the Whitewater River, which ultimately flows into the Salton Sea. The unnamed desert wash systems in the Preserve Unit are ephomena|, flowing for less than 3 months per year, and would therefore be classified as a non-Relatively Permanent Waterway (RPW) by the United States Army Corps of Engineers (USACE). The ephemeral washes flow approximately 1.8 miles into an RPW, the Whitewater Rivar, which then flows into a Page 4 DOC#2019-0149298 Page 62 of 212 East Cathedral Cove Preserve Unit Biological ResoAssessment Report Terra Nova Planning and Research, Inc. July 2014 Traditionally Navigable Waterway (TNW), the Salton Sem, approximately 35 miles downstream of the Preserve Unit, The ephemeral washes in the study area have a surface water connection to a TNW, and therefore would be considered jurisdictional Waters of the U.G. (WUS) based on Solid Waste Agency of Northern Cook County v. USACE (SWANCC). It is likely that the USACE would consider the ephemeral washes in the study area to have a "significant nexus"with a TNW, and therefore also considered jurisdictional WUS based on Rapanos. The CDFW and Regional Water Quality Control Board would also likely take jurisdiction over the ephemeral washes in the study area as"streambeds"and Waters of the State of California, respectively. 4.4 Soils Carsitas soils dominate the Preserve Unit (Figure 2). These soils are on alluvial fans, fan opnona, valley fills, dissected remnants of alluvial fans and in drainageways. Slopes range from 0 to 30 percent. These soils formed in alluvium from granitoid and/or gneissic rocks. The climate is arid with warm, dry winters and hot, dry summers. The soils are used for watershed, wildlife habitat, and recreation. They are a source of sand and gravel for construction material. Vegetation is sparse creosote bush, bunmbush, barrel cactus, mesquite, and paloverde. Where irrigation water is nvoi|mb|a, the soils are used for growing citrus and grapes. 4.5 Habitat Communtities Two habitat communities occur within the three parcels comprising the East Cathedral Cove Preserve Unit: desert dry wash and desert scrub (also referred to as Sonoran creosote bush scrub in the CVMSHCP) (Figure 3). Desert dry wash habitat is dominated by dnnught'dmoiduoun, microphyllous scrub. Desert lavender ///votiaen7orvD. cheesebush (Ambrosia sabro/a\, and catdovv (Senegalia gneooii) are the dominant species, with an equal percentage of bare ground with cobbly and gravelly sand. This habitat occurs in washes, without perennial water that are subject to intermittent flooding. Desert scrub habitat is dominated by creosote bush (Larrea tridentate). This habitat occurs on the higher elevation ridge located between the west and east desert dry washes. Associated species are indigo bush (Psorothamnus aohottii) and golden cholla (Opuntia echinocarpa). There is a broad spacing of shrubs throughout rocky habitat causing low species diversity during most of the year. The habitats in the Preserve Unit are relatively pristine, with little disturbance observed. No exotic, invasive plant species were observed. Several narrow footpaths/trails were observed traversing the slopes adjacent to the desert dry washes. 4.6 Species Present and Potentially Present Wildlife species observed during the habitat assessment included: Eurasian collared-dove (Streptopelia dacaoobo), mourning dove (Zenaida macroura), lesser nighthawk (Chord&leo acutipennis), Anna's hummingbird (Calypte anna), Costa's hummingbird (Calypte costae), Page 5 DOC#2019-0149298 Page 63 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 American kestrel (Falco sVmrve/iuo), common raven (Corvus corax), verdin (Auriparus flevicepu). black-tailed gnatcatcher (PoKootila melanura), northern mockingbird (Mimus pu/vo6ottoa), black-throated sparrow (Amphispiza bilineaby\, house finch (Haemorhous mexicanus), coyote (Canis latrans), and black-tailed jackrabbit(Lepus califomicus). Other wildlife species potentially present inn|Vde, but are not limited to: zebra-tailed lizard (Ca&saun/a dramrnoiƒeo), desert iguana (Dipsosaurus dorsalis), side-blotched lizard (Uta abynoburiane), western whiptail (Aspidoscelis tigris), sidewinder (Crotalus cmneatea), turkey vulture (Cathartes aura), Cooper's hawk (Accipiter oomped8, red-tailed hawk /Bubeo jamaicensis), prairie falcon (Falco mexicanus), GamDbe|'s quail (Callipepla DannbeliD, greater roadrunner (Geococcyx californianus), Say's phoebe (8ayorn/n aaya), rock wren (Salpinctes ubam6obm), white-crowned sparrow (Zmnotrirh/a /eunophrva). desert woodrat (Neotoma leoida\, kit fox (Vulpes macrotis), bobcat (Lynx ru/ua), mule deer (Odocoileus herriionua). and Peninsular bighorn sheep(Ovis canadensisneboO0. The literature review identified 62 special-status bio|ogioal resources known to occur in the East Cathedral Cove Preserve Unit vicinity (within the four USGS quadrangles surrounding the site: Cathedral City, Palm Springs, Palm View Peak, Rancho Mirage). These resources include: 3 invertebrates, 1 fish, 35 plants, 7 amphibians/reptiles, 7 birds, and 9 mammals. Table 1 provides a complete list of these special-status biological reeounceo, their respective conservation status, and occurrence potential in the Preserve Unit vicinity. DOC#2019-0149298 Page 64 of 212 r-- a) 0) 0 a. V c 0 0 ..-E 0_ ca 5) o au Z" c - 1E Z. Mt ea C -at _ o Co(..) 1... a. V a) 5 ..., ..., ....:. .: ...: Co 4., v* z. ...' . . . . E., c 0 a) o a) Co Co ai a) w Co 4-) C 0 CO 0 0 Co 0) 0 (l) '5 (t) 0- 0 C) C. , 0. 0. C. 0. C_ ... 0. 0. 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Z Z COti3 w.:740 0 0 0 On6-z0fnfn )f)u)o7 co >a)C0QO U C .0.0 a-0 0_w= Tw a a a a a a os( ] C 0 O00 0) N N a) a) O c m m m m-LLm:9ZZZZZZa) 0n• 0 N d C E W L W LLO .-UUUUU c000000c)2Z W VO N w 0$ U :,-0 = :,- o Z O—O C fL0 U • C CO 0 ?Q II II II II II U II II II II II II II II II II II II II II II WC E �..?-^••-•c C T aQCO Nf0M•d -NC0O WHCDUCnWHULLLn • OJpQDy O s Q m NW fn I-- u. 0 0 DOC#2019-0149298 Page 71 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 4.6.1 Endangered and Threatened Species 4.6.1.1 Triple-ribbed Milk-Vetch Triple-ribbed milk-vetch (Astragalus tricarinatus) is listed as a federally endangered and CNPS 1B.2 species. It is a perennial herb that blooms from February to May. Although the known elevations are higher than the Preserve Unit, its habitat and distribution are poorly known. It is an endemic species found in a narrow range primarily from the northwestern portion of the Coachella Valley, from the vicinity of Whitewater Canyon, the type locality, in Mission Creek Canyon across Highway 62 to Dry Morongo Wash and Big Morongo Canyon. Another location where the species has been collected is Ague Alta Canyon, a branch of Martinez Canyon in the Santa Rosa Mountains in the southern portion of the CVMSHCP Area. The preferred habitat has been characterized as sandy and gravelly soils of dry washes or on decomposed granite or gravelly soils at the base of canyon slopes. 4.6.1.2 Peninsular Bighorn Sheep The Peninsular bighorn sheep (Ovis canadensis nelson) is listed as a federally endangered and state threatened species because of habitat loss and fragmentation, disease, drought, population declines due to low recruitment, and high predation rates. Bighorn sheep have been known to use the project vicinity, and their occurrence has been mapped within the subject Preserve Unit by the Bighorn Institute (USFWS 1999). Bighorn sheep have also been found at the upper reach of East Cathedral Canyon (Criste, personal communication). Urban development and low adult survivorship are considered among the greatest threats. The sheep live in a narrow band of habitat in which they must find the resources needed to survive in a harsh desert environment. This band of habitat is at the lower elevations of the Peninsular Ranges and includes canyon bottoms, alluvial fans, and mountain slopes. Within the narrow band of habitat, bighorn sheep need to be able to move daily, seasonally, and annually to make use of the sparse and sometimes sporadically available resources found within their home ranges. The San Jacinto (Recovery Region 1) and Northern Santa Rosa (Recovery Region 2) groups have the smallest populations. These two groups are especially vulnerable. 4.6.1.3 Desert Tortoise The desert tortoise (Gopherus agassizii) is listed as a federally and state threatened species because of habitat loss and fragmentation, recreational/OHV activities, grazing, disease, fire, drought, and high predation rates. Desert tortoises use a variety of habitats, including desert alluvial fans, washes, canyon bottoms, hillsides, and other steep terrain. High diversity plant ecotones and communities, and possibly soil characteristics, are important features in determining tortoise densities. The Preserve Unit is within the historical range of the desert tortoise, but current conditions likely preclude them from being present. Past surveys (e.g., Thomas Olsen Associates 1997) did not detect desert tortoise or their sign. It is possible that desert tortoise could use the area during wet years when more favorable conditions occur. Page 14 DOC#2019-0149298 Page 72 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 4.6.2 Rare Species and Species of Special Concern 4.6.2.1 California Ayenia California ayenia (Ayenia compacta) is listed as a CNPS 2B.3 species. It is a perennial herb that blooms from March to April. It prefers rocky areas in Mojavean and Sonoran desert scrub habitats. The habitats in the Preserve Unit are suitable for this species. 4.6.2.2 Red-diamond Rattlesnake The red-diamond rattlesnake (Crotalus ruber) is a California Species of Concern because of habitat loss. It is found in southwestern California, from the Morongo Valley west to the coast and south along the Peninsular ranges to mid Baja California. It inhabits arid scrub, coastal chaparral, oak and pine woodlands, rocky grassland, and cultivated areas. It ranges into rocky desert flats on the desert slopes of the mountains. 4.6.2.3 Coast Horned Lizard The coast horned lizard (Phrynosoma blainvilli) is a California Species of Concern because habitat loss and fragmentation, non-native ants displacing their native ant food source, and exploitation for the pet trade. It was historically found in California along the Pacific coast from the Baja California border west of the deserts and the Sierra Nevada, north to the Bay Area, and inland as far north as Shasta Reservoir, and south into Baja California. The Preserve Unit is near the eastern edge of its range. It inhabits open areas of sandy soil and low vegetation in valleys, foothills, and semiarid mountains from sea level to 8,000 feet. Often found in lowlands along sandy washes with scattered shrubs and along dirt roads, and frequently found near ant hills. 4.6.2.4 Burrowing Owl The burrowing owl (Athene cunicularia) is a California Species of Concern because of habitat loss. Burrowing owls use a variety of natural and modified habitats for breeding, wintering, foraging, and/or migration stopovers that are typically characterized by low growing vegetation. Burrowing owl habitat includes, but is not limited to, native and non-native grassland, interstitial grassland within shrub lands, shrub lands with low density shrub cover, golf-courses, drainage ditches, earthen berms, unpaved airfields, pastureland, dairies, fallow fields, and agricultural use areas. Burrowing owls typically use burrows made by fossorial (adapted for burrowing or digging) mammals, such as California ground squirrels (Spermophilus beecheyi) or badgers (Taxidea taxus). They often utilize manmade structures, such as earthen berms, cement culverts, cement, asphalt, rock, or wood debris piles, or openings beneath cement or asphalt pavement. 4.6.2.5 Le Conte's Thrasher The Le Conte's thrasher (Toxostoma lecontei) is a California Species of Concern because of habitat loss. It is a desert resident, primarily of open desert wash, desert scrub, alkali desert scrub, and desert succulent scrub habitats. It commonly nests in a dense, thorny shrub or Page 15 DOC#2019-0149298 Page 73 of 212 East Cathedral Cove Preserve Unit Biological ResAssessment Report Terra Nova Planning and Research, Inc. July 2014 densely branched cactus in desert wash habibat, usually 2-8 feet above ground. Although dense, thorny shrubs are not prevalent in the Preserve Unit, the desert dry wash habitat is suitable for foraging and as a corridor to suitable nesting sites. 5.0 MANAGEMENT AND MONITORING Conservation of the East Cathedral Cove Preserve Unit will contribute to the local (Santa Rosa and San Jacinto Mountains Conservation Area) and regional (Anza Borrego Desert State Park, San Bernardino National Forest, Mt. San Jacinto State Park, Snow Creek/Windy Point Conservation Area) sustainability of common and special-status species dependent on habitats found within the Preserve Unit. Conserving functional, pristine lands contiguous with other conserved lands is vital to long-term sustainability. The overall goal of long-term management is to foster the long-term viability of the site's VVateD6, covered species, and covered habitat. Routine monitoring and minor maintenance tasks are intended to assure the viability of the site in perpetuity. 5.1 Waters The objective is to nnonitnr, oonoerva, and maintain the Preserve Unit's active and intact hydrological regime by limiting impacts from vehicular travel and other causes. At least one annual survey will be conducted to qualitatively monitor the general condition of these habitats. General topographic conditions, hvdnz|ogy, general vegetation cover and nornpos0on, invasive species, and erosion will be noted, evaluated and mapped during a site examination in the spring. Notes to be made will include observations of species encoun&ened, general extent of/changes to water features, and any occurrences of erosion and weed invasion. Reference sites for photographs will be established. Reference photographs will be taken of the overall area at least every five years from the beginning of the long-term management, with selected reference photos taken on the ground more frequently (annually). 5.2 Covered Species The objective is to mmnitor, coneerve, and maintain the Preserve Unit's covered species as well as biological corridors to contiguous conserved lands. As part of the annual aurvmy, the status and any changes to the covered species will be noted. Any necessary tasks will be idonUfied, priohUzed, and implemented as funding is available. Other tasks listed below will contribute to the conservation and persistence of these species as well as potentially enhance the Preserve Unit for other special-status species to become established. 5.2.1 Threatened/Endangered Plant Species Monitoring Although no special-status plant species have been observed on the Preserve Unit during past focused sun/ays, annual focused surveys shall be conducted to determine if species become established or only emerge during wet years. If special-status plant species are oboanxad, the population status and trends will be monitored annually by conducting Page 16 DOC#2019-0149298 Page 74 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 population assessment surveys. The annual survey dates will be selected during the appropriate blooming pehod, depending on seasonal weather conditions. Occupied habitat will be mapped and numbered to allow repeatable data collection over subsequent survey years. Changes to occupied habibot, such as changed hydrology or vegetation connpooition, will be recorded. Activities that may involve vehicular travel within washes and flood control maintenance activities that could result in damage to plants and their habitat outside of the flood control channel itself will be controlled and managed. Invasive species will be identified, and actions will be implemented to reduce impacts from the invasive species. 5.2.2 Threatened/Endangered Animal Species Monitoring Peninsular bighorn sheep are currently being monitored in the Santa Rosa and San Jacinto Mountains Conservation Area through the USFWS (2000) and CVMSHCP. Therefore, species-specific objectives and tasks for Peninsular bighorn sheep are not required for this site. 5.3 Invasive Species The objective is to monitor and maintain control over major noxious weeds and/orother strongly invasive plants or wildlife that diminish site quality. The Preserve Unit is currently ` relatively pristine, without noticeable invasive species (although focused surveys have not been recently conducted). The annual survey will include a qualitative assessment of potential or observed weed invasions. Additional actions to control invasive species, such as removal, will be evaluated and prioritized. If invasive species are identified on or near the Preserve Unit, it is recommended that these be either hand removed or treated with herbicide. 6.4 Security, Safety, and Public Access The Preserve Unit shall have no general public access, nor any regular public or private use. Hovvever, the site is currently accessible at certain areas by the public on foot. Since these areas may be used by special-status mpecies, public access should continue to be discouraged through the maintenance of existing fencing and informational/educational signs. Should the City wish to allow access in the futuna, access should be limited to trails delimited in the CVMSHCP trails plan. Research and/or other educational programs or efforts will be allowed on the site as deemed appropriate. 5.4.1 Trash and Trespass The objective is to monitor sources of trash and tnmmpmoo, and when naoaasary, collect and remove trash, repair vandalized ahuoiupee, and rectify trespass impacts. During each site vioit, occurrences of trash and/or trespass will be recorded (type, |mooUon, and management mitigation recommendations to avoid, minimize, or rectify a trash and/or trespass impact). At least once a year, trash will be collected and removed, and vandalism and trespass impacts will be repaired and rectified. A minimal amount of trash was observed during the habitat assessment, and no vandalism was observed. Page 17 DOC#2019-0149298 Page 75 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 5.4.2 Fire Hazard Reduction The objective is to maintain the site as required for fire control but limiting impacts on the site's biological values. If potential wildfire fuel (e.g., dry grass) becomes established on-site, it will be reduced as needed by mowing in areas where appropriate. 5.4.3 Fences and Gates The objective is to monitor the condition of fences and gates. Fence and gate maintenance and repair frequency will be dependent on trespass and access control issues. Some fencing is currently in place on the west and north edges of the Preserve Unit. This fencing was installed as a mitigation measure for previous development, so it will be maintained in perpetuity by other entities. During each site visit, the condition of fences and gates will be recorded (location, type, and recommendations to implement fence and/or gate repair or replacement, if necessary). 6.0 REFERENCES AMEC Environment and Infrastructure (AMEC). 2014. Jurisdictional Delineation Report for East Cathedral Canyon Wash for the Cathedral Canyon Bridge Project Over the Whitewater River. Prepared for Terra Nova Planning and Research, Inc. AMEC. 2006. Management Plan For Martinez Canyon, Red Canyon, East Cathedral Cove, And West Cathedral Cove Preserve Units. Prepared for Desert Cove Golf Resort, LLC. California Department of Fish and Wildlife (CDFW). 2014. California Natural Diversity Data Base (CNDDB), RareFind, Version 3.1.0. California Native Plant Society (CNPS). 2014. Rare Plant Program. Inventory of Rare and Endangered Plants (online edition, v8-02). California Native Plant Society, Sacramento, CA. Website http://www.rareplants.cnps.org Coachella Valley Multiple Species Habitat Conservation Plan. 2007. Final recirculated version, September 2007. Thomas Olsen Associates, Inc. 1997. Biological Resources Assessment for the Ritz Carlton Rancho Mirage/Cathedral City Golf Course. Prepared for Olympus Real Estate. May 1, 1997. United States Department of Agriculture (USDA). 2014. Natural Resources Conservation Service. Web Soil Survey. Online database http://websoilsurvey.nrcs.usda.qov/app/HomePage.htm United States Fish and Wildlife Service (USFWS). 2000. Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California. Page 18 DOC#2019-0149298 Page 76 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 USFWS. 1999. Biological Opinion on the Proposed Ritz Carlton Golf Course (Ref. 1-6-98-F- 42). Page 19 DOC#2019-0149298 Page 77 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 FIGURES DOC#2019-0149298 Page 78 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC#2019-0149298 Page 79 of 212 4, (e..IN,,,,.4.4.446:1.fiti. „, .',' ., s , ' ., ft ., I A 4 4 \ t f 1 a .44•Ii4 O + '.4�f 1 1 ;_ I .I Y t dr µ 1 .'�„ 1� �I / I{ �� ^ yam . { , o. i r. w • a J+ ' t{ •r' it j'. 4 t T e mt n t 4 z i 1/ Legend x cn Ei Survey Area • �1 �N� w�\5% 3 4 E CdE: CARSITAS GRAVELLY SANDm. , 9-30% SLOPES 4tJ g S ChC: CARSITAS COBBLY SAND,2-9%SLOPES } 0 62.5125 250 Fee mlli RO:ROCK OUTCROP I I I 1 inch=300 feet \1RVS-FS1\RV5hare\active projects\Desert Cove Mitigation 322520059\maps Date:6/13/2014 FTGT TR F, at; Soils Map ame6 . East Cathedral Cove Preserve Unit 2 DOC#2019-0149298 Page 80 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC#2019-0149298 Page 81 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 APPENDIX 1 SITE PHOTOGRAPHS DOC#2019-0149298 Page 82 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC#2019-0149298 Page 83 of 212 East Cathedral Cove reserve Unit ate Biological Resources Assessment Report Terra Nova Planning and Research June 2014 o s IIr ~ +� L . . � � ``„-% y' ''t17;44 i r' ` ' /�y --- 1"1".' Photograph 1. Photo Point 1: looking north. I , F ms's * , ` ,�rk.,y2,'.VA'r41fr,d.. 4. dliorr*,, .4, .. "' ,. . ,., „. ..... ,... .... x t .. :y "� '�-' '^.w ' � ,: �. � .• } 'I'll}` rut 'R'.,_ +Y,rw;;- y.. � i --Ili j t f `"z S' c ,,r 4 �p qa r44140, : ,..,----,-.--r,r� .; ,*�''" �+ by r.'`� *'" ,: A. uw y rl . ;41. Photograph 2. Photo Point 2: looking north. DOC#2019-0149298 Page 84 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report ame . ') Terra Nova Planning and Research June 2014 y� ,^arf -i i 1 .� "'.. - fir' • r ?. t r. ,.‘ b, --,,..-: :II,r.;:.::-,,'''*:•,-;,.,,*:..rc414.,,,::-.;'(::-•-::, c: . ''' --1'..7-'614''''mr.4.*7.-::: Y. 7.-71,7, ti 'µ ,• "� LIZ`,7.1.1*. ,�„ t N S....4. ,.,fit .r,�. 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DOC#2019-0149298 Page 89 of 212 Exhibit F Management Plan 27 DOC#2019-0149298 Page 90 of 212 APPROVED By Corps Regulatory Division,Veronica Li,at 12:26 pm,Jan 23,2019 U.S. ARMY CORPS OF ENGINEERS SECTION 404(b)(1) LONG-TERM MANAGEMENT PLAN For Application No.: SPL-2010-00505-VCC FOR THE Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project City of Cathedral City Riverside County, California January 22,2018 PREPARED FOR: US ARMY CORPS OF ENGINEERS 915 WILSHIRE BOULEVARD SUITE 1410 LOS ANGELES, CA 90017 PREPARED BY: I 1 L -J TERRA NOVA PLANNING & RESEARCH INC.® 42635 MELANIE PLACE, SUITE 101 PALM DESERT, CA 92211 DOC #2019-0149298 Page 91 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Long-Term Management Plan For The Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project City of Cathedral City Riverside County, California I. Project Purpose A. Purpose of Establishment 4 B. Purpose of this Long-term Management Plan 5 C. Land Manager and Responsibilities 5 II. Property Description 5 A. Setting and Location 5 B. History and Land Use 6 C. Cultural Features 7 D. Hydrology &Typography 7 E. Soils 8 F. Existing Easements 8 G. Adjacent Land Uses 10 HI. Habitat and Species Descriptions 10 A. Biological Resources Survey of Project Area 12 B. Summary of Project Development Plan 12 C. Endangered and Threatened Species 12 D. Rare Species and Species of Special Concern 13 IV. Management and Monitoring 14 A. Biological Resources 14 Element A.1 Waters of the U.S., including wetlands 15 Element A.2 Covered Species 16 Element A.3 Threatened/Endangered Plant Species Monitoring 16 Element A.4 Threatened/Endangered Animal Species Monitoring (if applicable) 16 Element A.5 Invasive Species 17 Element A.6 Vegetation Management 17 B. Security, Safety, and Public Access 18 Element B.1 —Trash and trespass 18 Element B.2—Fire Hazard Reduction 18 C. Infrastructure and Facilities 19 Element C.1 Fences and Gates 19 D. Reporting and Administration 19 Element D.1 —Annual Report 19 2 DOC #2019-0149298 Page 92 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP V. Transfer, Replacement,Amendments, and Notices 19 A. Transfer 19 B. Replacement 20 C. Amendments 20 D. Notices 20 VI. Funding and Task Prioritization 22 A. Funding 22 B. Task Prioritization 22 TABLES Table 1 Preliminary Title Report for Project Lands Title Exception Items - 8 Table 2 Project Management and Monitoring Activities, Level of Effort, Frequency and Cost 23 FIGURES 1. LTMP Regional Location Map 2. LTMP Project Aerial Vicinity 3. LTMP Project Lands Aerial View 4. LTMP Project Lands Topography 5. LTMP Project Lands Soils Map 6. LTMP Project Lands Vegetation Map 7. LTMP Project Lands Jurisdictional Delineation Map APPENDICES A. Preliminary Title Report for Parcels 686-310-004, 010, 011 and 014 B. East Cathedral Cove Preserve Unit Biological Resources Assessment C. Jurisdictional Delineation Report for East Cathedral Canyon Wash 3 DOC #2019-0149298 Page 93 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) Long-Term Management Plan I. Introduction A. Purpose of Establishment This East Cathedral Canyon Wash habitat preservation and management project was established by the subject Long-Term Management Plan(LTMP)to describe compensatory habitat lands to be managed and preserved in perpetuity as mitigation for 5.84 acres of temporary and 2.01 acres of permanent unavoidable impacts to Waters of the US associated with the development of the Cathedral Canyon Drive Low Water Crossing Replacement Project (New Bridge) at the Whitewater River. The subject mitigation lands are being established for long-term conservation and located within the Upper East Cathedral Canyon Wash (ECCW).These lands are also referred to herein as the Conservation Easement area("Project lands").The Project lands will be conserved to compensate for unavoidable impacts to the Whitewater River Stormwater Channel, and to conserve and to protect Waters of the U.S. and covered habitat. The Project Land includes 9 acres of Waters of the U.S., consisting of Desert Dry Wash Woodland (DDWW) and 9.5 acres of adjacent desert scrub habitat, and totaling 18.7±acres. Both waters of the US and buffer lands are accounted for in the mitigation requirement for both permanent and temporary impacts. The LTMP Signatory Agencies are the City of Cathedral City, the Los Angeles District of the U.S. Army Corps of Engineers ("Army Corps"), Region 9 of the U.S. Environmental Protection Agency ("EPA") and the Coachella Valley Conservation Commission(CVCC). The City shall be the responsible party for compliance with this LTMP until such time as an Assignment and Assumption of Permit Obligations is signed to transfer management responsibility to CVCC. The Army Corps, USEPA and CDFW are referred to jointly as the Regulatory Agencies (RA). Any subsequent grading, or alteration of the site's hydrology and/or topography must be approved by the RAs and the necessary permits, such as a Section 404 permit, must be obtained, if required.The CVCC is a joint powers authority responsible for implementation of the Coachella Valley Multiple Species Habitat Conservation Plan and has no regulatory authority but can accept and hold conservation easements. 4 DOC #2019-0149298 Page 94 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP B. Purpose of this Long-term Management Plan The purpose of this long-term management plan is to ensure the Project lands are managed, monitored, and maintained as conservation lands in perpetuity. This management plan establishes objectives, priorities and tasks to monitor, manage, maintain and report on the Waters of the U.S. and Waters of the State, covered species and covered habitat on the Project lands. This management plan is a binding and enforceable instrument, to be implemented upon recordation of the conservation easement covering the Project lands. C. Land Manager and Responsibilities The City of Cathedral City holds title to the Project lands. The City, and any subsequent owner upon transfer of title to the land, is responsible for ensuring implementation of the long-term management plan by the CVCC and any successors, managing and monitoring the Project lands in perpetuity to preserve habitat and conservation values in accordance with the Project LTMP and the conservation easement. The CVCC will hold the conservation easement, will serve as the land manager, will manage the endowment and will be responsible for conducting long-term management of the subject mitigation lands, as described in Table 2. Long-term management tasks shall be funded by the City of Cathedral City. As the land manager,the CVCC shall be responsible for providing an annual report to the RA detailing the time period covered, an itemized account of the management tasks and total amount expended. A Corps-approved Assignment and Assumption Agreement to transfer management responsibilities will be executed between the City and CVCC upon establishment of the endowment. H. Property Description , A. Setting and Location The Project lands are located at in the upper reaches of the East Cathedral Canyon Wash(ECCW) and are comprised of an unnamed tributary drainage that includes portions of the NW 1/4 of the NW 1/4 of Section 9, and portions of the SW 1/4 of Section 4, Township 5 South, Range 5 East, SBB&M. The Project lands are located within the corporate boundary of the City of Cathedral City, Riverside County, State of California,and include all or portions of Assessor's Parcel No.686-310-011 and 686-310-014.The Project lands are shown on the general vicinity map (Figure 2), the Project mitigation lands (Figure 3: LTMP Aerial View-Mitigation Lands) and other LTMP figures. The general vicinity map shows the Project Property location in relation to cities, towns, or major roads, and other distinguishable landmarks. The Project lands map (Figure 4: LTMP Topographic Map-Mitigation Lands) shows the property boundaries on a topographic map. B. History and Land Use The Project lands are located in the uppermost portion of the upper East Cathedral Canyon Wash, which drain the foothills of the Santa Rosa Mountains bounding the City on the south. These lands are a part of a larger drainage system,which intercepts flows from the local foothills and conveys them via the channel and levee improvements of the East Cathedral Canyon Channel. These waters discharge into the Whitewater River Stormwater Channel approximately 1.25 miles northeast of the Project lands. While access and other easements were once granted across a portion of the property, these lands are relatively undisturbed, unencumbered with regard to the purposes of the conservation easement, and in a natural state. 5 DOC #2019-0149298 Page 95 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP The south and southeast portions of the Project property are within the Santa Rosa and San Jacinto Mountains Conservation Area as delineated in the Coachella Valley Multiple Species Habitat Conservation Plan(CVMSHCP).Nearby urban land uses include two water storage tanks to the west and to the east, the single-family residential neighborhood of Cathedral Canyon Cove developed in the 1940s. C. Cultural Features Historic Resources The Project lands are in a mostly undisturbed state in the upper portion of drainages discharging from the foothills of the Santa Rosa Mountains into East Cathedral Canyon Wash. There are no existing or historic structures on the property. Neither are there flood control or other improvements that would affect these lands. Downstream of the Project lands is the East Cathedral Canyon Channel levee, which was built in the 1940s to provide protection to residential development that occurred at that time. • As noted, there are no roads, levees or buildings on the subject Project lands. Therefore, there are no structures that are likely to be considered "historical resources" of the state pursuant to Executive Order W-26-92 and historic resources preservation laws. Archaeological Resources The Cahuilla are the most recently identifiable native culture to evolve in the Coachella Valley. Archaeologists believe the Cahuilla migrated to the Coachella Valley from the north approximately 2,000 to 3,000 years ago.' The Cahuilla were a hunting and gathering people whom archaeologists have divided into three groups based on their geographic setting in the Coachella Valley. In the San Gorgonio Pass (Palm Springs area) were the Pass Cahuilla. The Mountain Cahuilla occupied the San Jacinto and Santa Rosa Mountains and the western Coachella Valley. The Desert Cahuilla occupied the eastern Coachella Valley.2 Cahuilla clans, or lineages, established villages and laid claim to distinct territories from which they hunted game, gathered food, and utilized necessary resources. Clans interacted to conduct trade, participate in ceremonies, and to intermarry. It is difficult to obtain population figures prior to European contact; however, estimates range from between 3,600 to as many as 10,000 persons.3 Area-specific cultural and historical resource surveys were conducted by CRM Tech, Inc.4 for the Desert Cove golf course project and included the Project area. An updated literature search was also conducted for this LTMP.5 The study also involved a historical/archaeological records search, a background review and a field survey, completed for this project in March and June 2003. Portions of the planning area were surveyed for cultural resources in 1977 (Taschek-Ball), 1988 (Parr), and 2000 (Love), but no cultural resources were identified by these studies.6 "The Cahuilla,"Lowell John Bean and Lisa Bourgeault,Chelsea House Publishers, 1969. 2 "Historical/Archaeological Resources Survey Report for The Crest Project,"prepared by CRM Tech,April 22,2002. 3 Ibid. ' "Records Search Results,Desert Cove Golf Course Project City of Cathedral City,Riverside California,"performed by CRM Tech,March 2003. Literature Search Update for Proposed Mitigation Lands",prepared by CRM Tech. May 2014. 6 Ibid. 6 DOC #2019-0149298 Page 96 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP The Project lands are located at the base of the Santa Rosa Mountains in a region believed to have been occupied by the Desert Cahuilla. While no archaeological sites are known to occur within the project boundaries, an aboriginal trail segment was identified in 1977 east and northeast of the Project lands.This trail segment was inspected as part of the development of The Lodge at Rancho Mirage (now the Ritz- Carlton Hotel),the Mirada Estates,and the never built Ritz-Carlton Golf Course, and was inspected during field reconnaissance for The Lodge EIR.7 Remnants of this trail segment, the associated ancient trail system, and rock cairn markers, have been identified within one mile of the Project. The nature of the trail segment and the level of disturbance occurring in the area make the retrieval of additional information of value remote. In 1988, in the cultural resources report for the Mirada West development, it was determined that no significant information would be lost from the destruction of this trail segment.8 Although outside the boundaries of the golf course project, the rock cairns have yielded additional information and were assessed with the development of Phase II of the Mirada Estates project.9 Surveys conducted in the wash portion of the Project lands identified flood debris and alluvium, as well as extensive signs of past site disturbance in areas in proximity to homes bordering the wash. The sensitivity of the wash area for archaeological or historical resources was determined to be extremely low. Any signs of previous occupation,either historic or prehistoric would have been obliterated by more recent disturbance and periodic flooding. D. Hydrology and Topography The Project lands are located on gently sloping alluvium deposited at the mouth and downstream of the East Cathedral Canyon Wash and involve the mouth of the unnamed tributary wash to the immediate east of East Cathedral Canyon Wash. The Project lands range from approximately 630 to 730 feet in elevation. The average precipitation for the area is 5.74 inches per year, based upon weather data from the Palm Springs Regional Airport, which lies approximately 5 miles northwest of the site(National Oceanographic and Atmospheric Administration, 2014). The hydrology for the subject and named ECCW drainages were analyzed for the approved Ritz-Carlton Golf Course project,10 which was subsequently abandoned. The drainage area of these two drainages totals 2,010± acres and has a cumulative 100-year, 24-hour discharge of 3,195± cubic feet per second (CFS). All of the drainage area tributary to the Project lands is in an undeveloped state. There are no wetlands associated with the Project lands,which consist of washes and streambeds dominated by catclaw (Senegalia [Acacia]greggii) and cheesebush (Ambrosia [Hymenoclea] salsola); desert lavender(Hyptis emoryi) and jojoba (Simmondsia chinensis).11 "Site CA-RIV-628T Field Inspection Results,"prepared by CRM Tech,June 2003. 6 "Environmental Impact Evaluation:An Archaeological Assessment of the Mirada West Project Located South of Cathedral City in Riverside County,California,UCRARU#945,"prepared by Robert E.Parr,Archaeological Research Unit,University of California,Riverside,May 1988. 9 "Cultural Resources Reconnaissance for the Mirada Property,"prepared by RMW Paleo Associates,July 1999. o "Hydrology and Sediment Transport Studies for Ritz-Carlton Golf Course",prepared by Tettemer and Associates,Inc. April 26,2000. " "Jurisdictional delineation Report-East Cathedral Canyon Was,Cathedral City",prepared by Scot Chandler,AMEC Environment&Infrastructure,Inc.June 2014. 7 DOC #2019-0149298 Page 97 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP E. Soils The Soils Survey of Riverside County, California, Coachella Valley Area12 and the associated USDA online Web Soil Survey(Riverside County, Coachella Valley Area, California) (Soil Survey Staff, 2014) was consulted to determine the soil types mapped as occurring within the study area. Uplands are characterized as rock outcrops (RO), in this case mostly granite. Most of the study area is on the lower benches and wash bottoms. Soils within the study area are well-drained alluvium derived mainly from granitic materials. Beyond the upland RO, the study area contains two related soil series (Figure 5: LTMP Soils Map- Mitigation Lands) including: • Carsitas gravelly sand (CdE) — This excessively drained soil occurs on alluvial fans with 0 to 9 percent slopes. It is composed of gravelly sands, and the parent material is composed of gravelly alluvium derived from granite. • Carsitas cobbly sand (ChC) — This excessively drained soil occurs on alluvial fans with 2 to 9 percent slopes. It is composed of cobbly sand overlying gravelly sand, and the parent material is composed of gravelly alluvium derived from granite. None of the soil types within the study area are found on the National List of Hydric Soils(USDA, 2012). F. Existing Easements. An updated preliminary title report13 was prepared for the Project lands, which identified the latest easements crossing the parcels that comprise the Project and associated lands. The easements listed below include descriptions and locations,beneficiaries and purpose. The easement numbers correspond to those set forth in Appendix A of this document. There are no buried or above-ground pipelines,overhead power lines, and no vehicular roads or access points to or within the subject Project lands. Access to the Project lands will be across other City-owned lands, including lands managed for drainage by the Riverside County Flood Control District,which are located along the existing west bank of the wash. Table 1 Preliminary Title Report for Project Lands Title Exception Items Title Description Comments Exception Item # 1925 general reservation in a deed for utility and 3 access rights. Non-specific and as far as location Original item eliminated from and covers lots 1 thru 241 of Map—Book 13, pages the report and no longer of any 24, 25, and 26. Intentionally deleted. affect. 12 "Soil Survey of Riverside County,California,Coachella Valley Area',prepared by the US Department of Agriculture Soil Conservation Service, 1980. 13 Preliminary Title Report for Parcels 686-310-004,010,011 and 014 prepared by Lawyer's Title Company and analyzed by Overland,Pacific,Cutler, Inc.March 14,2014. 8 DOC #2019-0149298 Page 98 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Title Description Comments Exception Item # Utility Easement for poles and underground. Located all within Section 4. Only crosses a small Original item eliminated from 4 portion of the larger acreage but doesn't affect the the report and no longer of any area of Section 9 that we are interested in. (Shown affect. as item 9 on Parcel Map 24915). Intentionally deleted. Road and Utility Easement in favor of Cathedral Canyon Development Corp. that runs about 300 Original item eliminated from feet in the northwest corner of the larger parcel, the report and no longer of any 5 southerly of the end of the RCFCD channel(along affect. the Section line). Located all within Section 4 and does not affect Section 9. (Identified as Item 10 on Parcel Map 24915). Intentionally deleted. Road Easement in the approximate location as Item 5 above in favor of Charles Doorley and is located Original item eliminated from totally within Section 4. (Identified as Item 11 on the report and no longer of any 6 Parcel Map 24915). Intentionally deleted. affect. 30' wide Ingress and Egress Easement in favor of 7 R. Hillery located in the north/central portion of the Original item eliminated from larger parcel,totally within Section 4 and does not the report and no longer of any affect Section 9. (Identified as Item 12 on Parcel affect. Map 24915). Intentionally deleted. Offer of Dedication for road and utility purposes. 8 30' X 150' area located in the North Central Original item eliminated from portion of the larger parcel, totally within Section 4 the report and no longer of any and does not affect Section 9. (Identified as Item 13 affect. on Parcel Map 24915). Intentionally deleted. Offer of Dedication for road and utility purposes. 30 X 700' (approx.) located adjacent to Item 8 Original item eliminated from 9 above. Located totally within Section 4 and does the report and no longer of any not affect Section 9. (Identified as Item 14 on affect. Parcel Map 24915). Intentionally deleted. Non- Abandonment and Vacation order by the city of Done numbered Cathedral City Council Vacating and Abandoning item the dedicated items 8 and 9, above (following 9) Pipeline easement in favor of DWA located in the same area as Item 5 above. Located all within Original item eliminated from 10 Section 4 and does not affect Section 9. the report and no longer of any (Identified as Item 15 on Parcel Map 24915). affect. Intentionally deleted. 9 DOC #2019-0149298 Page 99 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Title Description Comments Exception Item # Development Agreement with Federated Development Company and the City of Rancho Original item eliminated from Mirage. The agreement appears to convey 1000+1- the report and no longer of any 11 acres (reserve a 90 acre piece(that includes only affect. Section 4) for their development. Also refers to the property being annexed to the City of Rancho Mirage. Cannot determine what the effect is since the property is within the City of Cathedral City and owned by the City. Intentionally deleted. Non- Incorrectly referenced "Notice of release of real Done numbered Property form Encumbrance of Ordinance No. after Item 11 453". It appears to be the council action approving the amendments, etc. Incorrect Title of document and is actually a quitclaim deed between the City of Cathedral City Original item eliminated from 12 RDA and the City for property located in Section the report and no longer of any 33 —outside of our subject area. Intentionally affect. deleted. Covenants placed on the property by the City of 13 Cathedral City that the property will only be used The conservation easement for park,recreational or golf course uses. being granted will contain language restricting easement area from any golf course use. The fact that the property is within the The Redevelopment Agency no 14 Redevelopment Project Area longer exists and this item should have no negative effect and should be acceptable to the USACE. • G. Adjacent Land Uses The Project involves lands located in the upper reach of the East Cathedral Canyon Wash drainage,which extend downslope from the mouth of the unnamed wash immediately east of the named ECCW. Surrounding lands include the foothills of the Santa Rosa Mountains to the south and east, domestic water reservoirs of the Desert Water Agency to the west, the single-family residential neighborhood of the Cathedral Canyon Cove to the north and northwest, the continuation of East Cathedral Canyon Wash on. the north and portions of the Mirada residential subdivision farther to the northeast. III. Habitat and Species Descriptions A. Biological Resources Survey of Project Area 10 DOC #2019-0149298 Page 100 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP In 2006, a biological resources assessment was prepared for the subject property and three other properties as a part of the habitat mitigation and monitoring plan prepared for the now abandoned Desert Cove Golf Course.14 A subsequent biological resource assessment was prepared for the subject ECCW Project lands to update and expand upon the earlier study.15 The subject Project lands are located within the Santa Rosa and San Jacinto Mountains(SRSJM)Conservation Area of the Coachella Valley Multiple Species Habitat Conservation Plan(CVMSHCP).These lands are not covered by any conservation easement and have no special protection or conservation management plan. The proposed management of the Project lands ensures the maintenance and appropriate enhancement of native plants and animals, and human activities that detract from these goals will not be permitted. Thus, the Project lands are being established for the benefit of native species and are not intended as an area for human recreational activities. As noted above, the Cathedral Canyon Bridge compensatory mitigation lands (Project lands) are within or adjacent to the Santa Rosa and San Jacinto Mountains Conservation Area (SRSJM CA) of the CVMSHCP. They are connected to an extensive complex of public and private lands that encompass virtually all of the desert slopes of the Santa Rosa and San Jacinto Mountains, as well as much of the higher elevation areas of the Santa Rosa Mountains. This Conservation Area is linked to the south with Anza Borrego Desert State Park, to the west with San Bernardino National Forest areas, and to the northwest with the Mt. San Jacinto State Park. To the northwest, this Conservation Area is contiguous with the Snow Creek/Windy Point Conservation Area, which includes two biological corridors to the San Bernardino Mountains. The SRSJM CA contains a total of approximately 211,070 acres. Habitat Communities Two habitat communities occur within the Project lands, comprising Project Lands: desert dry wash woodland and desert scrub (also referred to as Sonoran creosote bush scrub in the CVMSHCP). Desert dry wash woodland habitat is dominated by drought-deciduous, microphyllous plant species. Desert lavender (Hyptis emoryi), cheesebush (Ambrosia salsola), and catclaw (Senegalia greggii) are the dominant species, with an equal percentage of bare ground with cobbly and gravelly sand. This habitat occurs in washes that are subject to intermittent flooding, without perennial water. The onsite desert scrub habitat is dominated by creosote bush (Larrea tridentata). This habitat occurs on the higher elevation ridge located between the west and east desert dry washes. Associated species are indigo bush(Psorothamnus schottii) and golden cholla (Opuntia echinocarpa). There is a broad spacing of shrubs throughout rocky habitat causing low species diversity during most of the year. The habitats in the Project lands are relatively pristine, with little disturbance observed. No exotic, invasive plant species were observed. Several narrow footpaths were observed traversing the slopes adjacent to the desert dry washes and in the bottom of the washes;there are no approved trails,as identified in the CVMSHCP Trails Plan, within the Project lands. Species Present and Potentially Present A number of wildlife species were observed during field surveys and included: Eurasian collared-dove (Streptopelia decaocto),mourning dove(Zenaida macroura), lesser nighthawk(Chordeiles acutipennis), Anna's hummingbird (Calypte anna), Costa's hummingbird (Calypte costae), American kestrel (Falco ° "Management Plan for Martinez Canyon,Red Canyon,East Cathedral Cove and West Cathedral Cove Preserve Units",prepared AMEC Earth&Environmental,Inc.,June 2006. "East Cathedral Canyon Cove Preserve Unit Biological Resources Assessment Report," prepared by AMEC Environment&Infrastructure,Inc.July 2014. 11 DOC #2019-0149298 Page 101 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP sparverius), common raven (Corvus corax), verdin (Auriparus flaviceps), black-tailed gnatcatcher (Polioptila melanura), northern mockingbird (Mimus polyglottos), black-throated sparrow (Amphispiza bilineata), house finch (Haemorhous mexicanus), coyote (Canis latrans), and black-tailed jackrabbit (Lepus californicus). A variety of other wildlife species that may use this site include, but are not limited to: zebra-tailed lizard (Callisaurus draconoides),desert iguana(Dipsosaurus dorsalis), side-blotched lizard(Uta stansburiana), western whiptail (Aspidoscelis tigris), sidewinder (Crotalus cerastes), turkey vulture (Cathartes aura), Cooper's hawk (Accipiter cooperii), red-tailed hawk (Buteo jamaicensis), prairie falcon (Falco mexicanus), Gambel's quail (Callipepla gambelii), greater roadrunner (Geococcyx californianus), Say's phoebe (Sayornis saya), rock wren (Salpinctes obsoletus), white-crowned sparrow (Zonotrichia leucoph,ys), desert woodrat (Neotoma lepida), kit fox (Vulpes macrotis), bobcat(Lynx rufus), mule deer (Odocoileus hemionus), and Peninsular bighorn sheep (Ovis canadensis nelsoni). A review of the literature identified 62 special-status biological resources known to occur in the vicinity (within the four USGS quadrangles surrounding the site: Cathedral City, Palm Springs, Palm View Peak, Rancho Mirage).These resources include: 3 invertebrates, 1 fish, 35 plants, 7 amphibians/reptiles, 7 birds, and 9 mammals. Table 1 of the Biological Assessment (see Table 1 of Appendix B) provides a complete list of these special-status biological resources, their respective conservation status, and occurrence potential in the Project Lands vicinity. Special Status and Sensitive Species No special status species were observed on the Project lands;however,the endangered Peninsular bighorn sheep (Ovis canadensis nelsoni) is expected to occasionally forage in the upper elevation portions of the Project lands. It is unknown whether the endangered triple-ribbed milkvetch (Astragalus tricarinatus) occurs on the Project or adjacent lands; it has not been observed on the property and its habitat requirements are not well understood. The following summarizes the areas of known occurrences and habitat needs of sensitive and special status species that may occur on the Project lands or in the vicinity. These are further discussed below. B. Summary of Project Development Plan No development plan is associated with the subject Project lands.No modification, encroachment or other disturbance to these lands will occur once the conservation easement is placed upon them. No created or enhanced Waters of the U.S. are involved in this project, although the application of the conservation easement will help to protect value and function of these drainages in perpetuity. Figure 7: LTMP Jurisdictional Delineation Map-Mitigation Lands shows the location of"Waters of the U.S." within the Project lands. C. Endangered and Threatened Species Peninsular Bighorn Sheep The Peninsular bighorn sheep (Ovis canadensis nelsoni) is listed as a federally endangered and state threatened species because of habitat loss and fragmentation, disease, drought,population declines due to low recruitment, and high predation rates. Bighorn sheep have been known to use the project vicinity,and their occurrence has been mapped within the subject Project Lands by the Bighorn Institute (USFWS 1999). Bighorn sheep have also been found at the upper reach of East Cathedral Canyon(Criste, personal communication). 12 DOC #2019-0149298 Page 102 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Urban development and low adult survivorship are considered among the greatest threats. The sheep live in a band of habitat in which they must find the resources needed to survive in a harsh desert environment. This band of habitat is at the lower elevations of the Peninsular Ranges and includes canyon bottoms, alluvial fans, and mountain slopes. Within suitable habitat, bighorn sheep need to be able to move daily, seasonally, and annually to make use of the sparse and sometimes sporadically available resources found within their home ranges. The San Jacinto (Recovery Region 1) and Northern Santa Rosa (Recovery Region 2) groups have the smallest populations. These two groups are especially vulnerable. Desert Tortoise The desert tortoise (Gopherus agassizii) is listed as a federally and state threatened species because of habitat loss and fragmentation, recreational/OHV activities, grazing, disease, fire, drought, and high predation rates. Desert tortoises use a variety of habitats, including desert alluvial fans, washes, canyon bottoms, hillsides, and other steep terrain. High diversity plant ecotones and communities, and possibly soil characteristics, are important features in determining tortoise densities. The Project Lands are within the historical range of the desert tortoise, but current conditions may preclude them from being present. Past surveys(e.g.,Thomas Olsen Associates 1997)did not detect desert tortoise or their sign.It is possible that desert tortoise could use the area during wet years when more favorable conditions occur. Triple-ribbed Milk-Vetch Triple-ribbed milkvetch (Astragalus tricarinatus) is listed as a federally endangered and CNPS 1B.2 species. It is a perennial herb that blooms from February to May. It is an endemic species found in a narrow range primarily from the northwestern portion of the Coachella Valley, from the vicinity of Whitewater Canyon, the type locality, in Mission Creek Canyon across Highway 62 to Dry Morongo Wash,Big Morongo Canyon,and Joshua Tree National Park.Another location where the species has been collected is Agua Alta Canyon, a branch of Martinez Canyon in the Santa Rosa Mountains in the southern portion of the CVMSHCP Area. Only one plant was found in 1991 and has not been detected at this location since that time. The preferred habitat has been characterized as sandy and gravelly soils of dry washes or on decomposed granite or gravelly soils at the base of canyon slopes. Although its habitat and distribution are not well understood, the known locations for this species are to the north of the Project lands near Desert Hot Springs and it has not been observed in the vicinity. D. Rare Species and Species of Special Concern California Ayenia California ayenia (Ayenia compacta) is listed as a CNPS 2B.3 species. It is a perennial herb that blooms from March to April. It prefers rocky areas in Mojavean and Sonoran desert scrub habitats. The desert scrub habitats in the Project Lands are suitable for this species. Red-diamond Rattlesnake The red-diamond rattlesnake (Crotalus ruber) is a California Species of Concern because of habitat loss. It is found in southwestern California, from the Morongo Valley west to the coast and south along the Peninsular ranges to mid Baja California.It inhabits arid scrub,coastal chaparral,oak and pine woodlands, rocky grassland,and cultivated areas.It ranges into rocky desert flats on the desert slopes of the mountains. Coast Horned Lizard The coast horned lizard (Phrynosoma blainvillii) is a California Species of Concern because of habitat loss and fragmentation, non-native ants displacing their native ant food source, and exploitation for the 13 DOC #2019-0149298 Page 103 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP pet trade. It was historically found in California along the Pacific coast from the Baja California border west of the deserts and the Sierra Nevada, north to the Bay Area, and inland as far north as Shasta Reservoir, and south into Baja California. The Project Lands are near the eastern edge of its range. It inhabits open areas of sandy soil and low vegetation in valleys, foothills, and semiarid mountains from sea level to 8,000 feet. Often found in lowlands along sandy washes with scattered shrubs and along dirt roads, and frequently found near ant hills. Burrowing Owl The burrowing owl (Athene cunicularia) is a California Species of Concern because of habitat loss. Burrowing owls use a variety of natural and modified habitats that are typically characterized by low growing vegetation for breeding, wintering, foraging, and/or migration stopovers. Burrowing owl habitat includes, but is not limited to, native and non-native grassland, interstitial grassland within shrub lands, shrub lands with low density shrub cover,golf-courses,drainage ditches,earthen berms,unpaved airfields, pastureland, dairies,fallow fields, and agricultural use areas. Burrowing owls typically use burrows made by fossorial (adapted for burrowing or digging) mammals, such as California ground squirrels (Spermophilus beecheyi) or badgers (Taxidea taxus). They often utilize manmade structures, such as earthen berms, cement culverts, cement, asphalt, rock, or wood debris piles, or openings beneath cement or asphalt pavement. Le Conte's Thrasher The Le Conte's thrasher (Toxostoma lecontei) is a California Species of Concern because of habitat loss. It is a desert resident,primarily of open desert wash, desert scrub, alkali desert scrub, and desert succulent scrub habitats. It commonly nests in a dense, thorny shrub or densely branched cactus in desert wash habitat, usually 2-8 feet above ground. Although dense, thorny shrubs are not prevalent on the Project Lands, the desert dry wash woodland habitat is suitable for foraging and as a corridor to suitable nesting sites. IV. Management and Monitoring The overall goal of long-term management for the subject Project Lands is to foster the long-teint viability of the Project site's Waters of the U.S., covered species and desert dry wash woodland and desert scrub habitat. Routine monitoring and minor maintenance tasks are intended to ensure the viability and integrity of the Project site in perpetuity. A. Biological Resources The approach to the long-term management of the Project site's biological resources is to conduct annual site examinations and monitoring of selected characteristics to determine stability and ongoing trends of the preserved Waters of the U.S. Annual monitoring will assess the Project's condition, degree of erosion, invasion of exotic or deleterious species, water quality, fire hazard, and/or other aspects that may warrant management actions. While it is not anticipated that major management actions will be needed, an objective of the long-term management plan is to conduct monitoring to identify any issues that arise, and using adaptive management to determine what actions might be appropriate. Those chosen to accomplish monitoring responsibilities will have the knowledge, training, and experience to accomplish monitoring 14 DOC #2019-0149298 Page 104 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP responsibilities. An adaptive management approach shall be used to assure that the Project Lands are protected and preserved. Adaptive management means an approach to natural resource management that incorporates changes to management practices, including corrective actions as determined to be appropriate by the RA in discussion with the land manager. Before considering any adaptive management changes to the long- term management plan, the CVCC shall submit the management strategies and the RA will consider whether such actions will help ensure the continued viability of Project's biological resources. Conservation of the ECCW Project Lands will contribute to the local (Santa Rosa and San Jacinto Mountains Conservation Area) and regional (Anza Borrego Desert State Park, San Bernardino National Forest, Mt. San Jacinto State Park, Snow Creek/Windy Point Conservation Area) sustainability of common and special-status species dependent on habitats found within and adjacent to these lands. Conserving functional, undisturbed lands contiguous with other conserved lands is vital to long-term sustainability. The overall goal of long-term management is to foster the long-term viability of the site's waters, covered species, and covered habitat. Routine monitoring and minor maintenance tasks are intended to assure the viability of the site in perpetuity. The Coachella Valley MSHCP promotes the protection of alluvial fan and wash communities throughout the CVMSHCP planning area. Covered communities include Sonoran creosote bush scrub and desert dry wash woodland. The following discussion outlines the areas where resource monitoring and management are expected to be needed to assure the integrity and preservation of the subject Project Lands. The land manager for the Project site shall implement the following: Element A.1 Waters of the U.S.,including wetlands Objective: Monitor, conserve and maintain the ECCW Project site's active and intact hydrological regime, including Waters of the U.S. Limit any impacts to Waters of the U.S. from vehicular travel or other adverse impacts. Task: At least one annual walk-through survey will be conducted to qualitatively monitor the general condition of these habitats. General topographic conditions, hydrology, general vegetation cover and composition, invasive species, erosion, will be noted, evaluated and mapped during a site examination in the spring. Notes to be made will include observations of species encountered and changes from previous surveys, general extent of changes to water features, and any occurrences of erosion and weed invasion. Task: Any disturbance caused by Off-Highway Vehicles (OHV's) or other unauthorized activity shall also be noted and characterized.Locations where further access restrictions may be needed shall also be noted. Task: To ensure maintenance of habitat on Project Lands the potential for periodic and unpredictable flooding to rework stream channels and channel sediments, and create shallow terraces along the wash bottom shall be preserved. 15 DOC #2019-0149298 Page 105 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Task: Reference photographs and a site map showing the reference sites have been prepared for the Project file.Reference photographs have been taken(2014) of the overall habitat and riparian mosaic and will be updated at least every five years from the beginning of the long-term management, with selected reference photos taken on an annual basis. Element A.2 Covered Species Objective: Monitor, conserve and maintain the Project site's covered species, as well as biological corridors to contiguous conserved lands. Objective: Ongoing management that ensures that habitat on Project Lands is protected to provide and sustain essential ecological processes, including but not limited to dispersal mechanisms; movement of pollinators, seed dispersal, and mycorrhizal relationships for plant species, and soil characteristics for insect species. Task: As part of the annual site walk-through, the status and any changes to the covered species will be noted. Any necessary maintenance tasks will be identified,prioritized and implemented, as funding is available. Other tasks listed below will contribute to the conservation and persistence of these species as well as potentially enhancing the Project Lands for other special- status species to become established. Element A.3 Threatened/Endangered Plant Species Monitoring Objective: Monitor for the occurrence of triple-ribbed milkvetch (Astragalus tricarinatus), and if occurrence is detected monitor and report status and trends within and adjacent to the Project Lands. Objective: Manage to maintain suitable habitat for the triple-ribbed milkvetch. Task: Monitor status every year by conducting surveys by a qualified biologist and, if detected, population assessments. The annual survey dates will be selected during the appropriate blooming period and will generally occur from late March through May depending on the timing of precipitation each spring. If occupied habitat is ever detected,it will be mapped and numbered to allow repeatable data collection over subsequent survey years Task: Visually observe for changes to occupied habitat, such as changed hydrology or vegetation composition. Record any observed changes. Task: Implement other tasks that enhance or monitor habitat characteristics for triple-ribbed milkvetch. Element A.4 Threatened/Endangered Animal Species Monitoring (if applicable) [NOTE: Species-specific objectives and tasks are based upon the Coachella Valley MSHCP (2007) and the Recovery Plan for Bighorn Sheep in the Peninsular Range (2000). Objective: Monitor Peninsular bighorn sheep (PBS) population and sign on and 16 DOC #2019-0149298 Page 106 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP adjacent to the Project Lands and establish status and trends. Objective: Manage to maintain habitat for Peninsular bighorn sheep. Task: Monitor status every year by conducting sheep population assessment surveys, including sightings of sheep and their sign on and adjacent to the Project Lands. The annual sheep survey shall be conducted between February 1 and April 30 each year as part of the annual site survey. Task: Implement other tasks that enhance or monitor habitat characteristics for PBS. Element A.5 Invasive Species Objective: Monitor and maintain control over major noxious weeds, including fountain grass (Pennisetum setaceum), salt cedar (Tamarix spp.) and/or other strongly invasive plants or wildlife that diminish site quality. Task: Mapping of invasive species shall occur during the first five years of Project Lands management, until a baseline is established. Mapping shall be accomplished through use of available technologies, such as GIS and aerial mapping. Task: Each year's annual walk-through survey(or a supplemental survey) will include a qualitative assessment of potential or observed invasive species occurrences, primarily in or around the mouth of canyons where soil moisture may persist and where invasives are most likely to occur. Task: Manual removal shall be by cutting/mowing above ground and/or an • approved herbicide treatment of any aggressive invasive plant species. Due to potential cultural resources onsite, no ground disturbance is allowed during the removal of invasives. Additional actions to control invasive species will be evaluated and prioritized on an as needed basis. Element A.6 Vegetation Management Objective: Adaptively manage vegetation based on site conditions and data acquired through monitoring to maintain biological values. Task: Review and explore potential vegetation management regimes, as needed, as proposals and/or opportunities and funding arise. If determined to potentially maintain site quality, develop specific practices, amend this long-term management plan with the RA's approval to reflect those practices, and implement actions as funding allows. Task: Implement vegetation management techniques,if determined beneficial and as funding allows, to maintain vegetation height and composition similar to baseline conditions or as determined likely to maintain seasonal desert dry wash woodland function or threatened/endangered plant species habitat. Implementation of vegetation management techniques must be approved by 17 DOC #2019-0149298 Page 107 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP the RA. B. Security, Safety, and Public Access The Project Lands are currently fenced and are otherwise inaccessible to OHV's and other motor vehicles. There shall be no general public access,nor any regular public or private use, although seasonal access to adjoining trails shall be permitted as allowed under the CVMSHCP and PBS Recovery Plan. Research and/or other educational programs or efforts will be allowed on the Project site as deemed appropriate by the RA, but are not specifically funded or a part of this long-term management plan. Potential mosquito and/or gnat issues are not expected to arise on Project Lands. In the unlikely event mosquito or gnat issues arise, they will be addressed through the development of a plan by the land manager and the mosquito and vector control district in coordination with and with the approval of the RA agencies. Potential wildfire fuel (dry grass) is not expected to proliferate on the Project Lands to the extent that they constitute a fuel for wildfire events. In the unlikely event sufficient fuel develops on the Project Lands to constitute a wildland fire hazard, fuel loads will be reduced as needed by appropriate means or removal in areas where appropriate and as approved by the RA. Element B.1 Trash and Trespass Objective: Monitor sources of trash and trespass. Objective: Collect and remove trash, repair vandalized structures, and rectify trespass impacts. Task: During each site visit, record occurrences of trash and/or trespass. Record type, location, and management mitigation recommendations to avoid, minimize, or rectify a trash and/or trespass impact. Task: At least once yearly collect and remove all trash and repair and rectify vandalism and trespass impacts. Objective: Signage that delineates the boundary of Project Lands, enforcement and penalty statement. Task: Install and maintain signage at northern boundary of Project lands providing trespass warning, legal authority and penalty or fine. Task: Where appropriate, managers shall also participate in the enforcement of trail closures during the PBS lambing season and dry summer months, if such closures are approved consistent with the CVMSHCP and PBS Recovery Plan. Element B.2 Fire Hazard Reduction Objective: Maintain site as required for fire control but limit impacts to on site biological values. Task: Remove or clear vegetation in areas required by Project Lands Manager 18 DOC #2019-0149298 Page 108 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP and approved by the RA, for fire control. C. Infrastructure and Facilities Fence and gate maintenance and repair frequency will be dependent on trespass and access control issues. Access to the Project Lands is restricted by existing fencing along and across the East Cathedral Canyon Wash and is maintained in accordance with agreements established by the CDFW and USFWS to mitigate for the potential effects of adjoining development. Access is also restricted by the steep face of the west side of the ECCW. Element C.1 Fences and Gates Objective: Monitor condition of fences and gates. Objective: Ensure maintenance of fences and gates to prevent casual trespass, allow necessary access. Fence and gate maintenance shall remain the responsibility of the City. Task: During each site visit,record condition of fences and gates. Record location, type, and recommendations to implement fence and/or gate repair or replacement. Recommendations shall be made to the City. Task: Ensure maintenance of fences and gates as necessary by replacing posts, wire, and/or gates. Contact responsible party(City) and ensure replacement of fences and/or gates, as necessary. D. Reporting and Administration Element D.1 —Annual and Periodic Report Objective: For the first five years, provide annual report on all management tasks conducted and general site conditions to RA and any other appropriate parties. Task: For the first five years, prepare annual report and any other additional documentation. Include a summary. Complete and circulate to the RA and other parties by August 15 of each year. Task: From Year six onward,management reporting shall be submitted to the RA at no greater than five-year intervals, and shall be made available upon request. Management reports and all related documents shall reference Corps File No. SPL-2010-00505-VCC. Task: Make recommendations with regard to (1) any habitat enhancement measures deemed to be warranted, (2) any problems that need near term attention(e.g., weed removal, fence repair, erosion control), and/or(3) any changes in the monitoring or management program that appear to be 19 DOC #2019-0149298 Page 109 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP warranted based on monitoring results to date. V. Transfer, Replacement,Amendments, and Notices A. Transfer Any subsequent transfer of responsibilities under this long-term management plan to a different land manager shall require approval by the RA in writing and shall be incorporated into this long-term management plan by amendment. Any subsequent Property Owner assumes land manager responsibilities described in this long-term management plan and as required in the Conservation Easement, unless otherwise amended in writing by the RA. It will be necessary for an "Assignment of Permit Obligations" agreement to be approved by the Corps prior to any transfer. B. Replacement If the land manager fails to implement the tasks described in this long-term management plan and is notified of such failure in writing by any of the RA, land manager shall have 90 days to cure such failure. If failure is not cured within 90 days, land manager may request a meeting with the RA to resolve the failure. Such meeting shall occur within 30 days or a longer period if approved by the RA. Based on the outcome of the meeting, or if no meeting is requested,the RA may designate a replacement land manager in writing by amendment of this long-term management plan. If land manager fails to designate a replacement land manager, then such public or private land or resource management organization acceptable to and as directed by the RA may enter onto the Project property in order to fulfill the purposes of this long-term management plan. C. Amendments The land manager,property owner, and the RA may meet and confer from time to time, upon the request of any one of them, to revise the long-term management plan to better meet management objectives and preserve the habitat and conservation values of the Project Lands. Any proposed changes to the long-term management plan shall be discussed with the RA and the land manager. Any proposed changes will be designed with input from all parties. Amendments to the long-term management plan approved by the RA in writing shall be required management components and shall be implemented by the land manager. If the CDFW or USFWS determine, in writing, that continued implementation of the long-term management plan would jeopardize the continued existence of a state or federally listed species, any written amendment to this long-term management plan, determined by either the CDFW or USFWS as necessary to avoid jeopardy, shall be a required management component and shall be implemented by the land manager. D. Notices Any notices regarding this long-term management plan shall be directed as follows: City of Cathedral City Attn: City Engineer 20 DOC #2019-0149298 Page 110 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 Telephone: 760-341-4800 Fax: 760-770-0399 U.S. Army Corps of Engineers Los Angeles District 915 Wilshire Boulevard Los Angeles, CVA 90017 Attn: David Castanon, Chief, Regulatory Branch Telephone: 213-452-3406 Fax: 213-452-4209 Coachella Valley Conservation Commission 73-710 Fred Waring Drive, Suite 200 Palm Desert, CA 92260 Attn: Tom Kirk, Executive Director Telephone: 760-346-1127 Fax: 760-340-5949 U.S. Fish and Wildlife Service Palm Springs Field Office 777 E. Tahquitz Canyon Way, Suite 208 Palm Springs,CA 92262 Attn: Ken Corey, Assistant Field Supervisor Telephone: 760-322-2070 Fax: 760-322-4648 U.S. Environmental Protection Agency Region IX 75 Hawthorne Street San Francisco, CA 94105 Attn: Director, Water Division Telephone: 415-947-8707 Fax: 415-947-3549 California Department of Fish and Wildlife Region 6 78078 Country Club Drive, Ste. 109 Bermuda Dunes, CA 92201 Attn: Regional Manager Telephone: 760-200-9178 • Fax: 760-771-0196 California Department of Fish and Wildlife Habitat Conservation Planning Branch 1416 Ninth Street, 12th Floor Sacramento, CA 95814 21 DOC #2019-0149298 Page 111 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Attn: Branch Chief Telephone: 916-653-4875 Fax: 916-653-2588 VI. Funding and Task Prioritization A. Funding Table 2 summarizes the anticipated costs of long-term management of the Project Lands. The list of tasks in Table 2 incorporates those actions determined appropriate for the monitoring, management and preservation of the attributes of the Project Lands. These include estimates of time and funding needed to conduct the basic monitoring site visits and reporting, weed removal and trash removal, fence monitoring and reporting.Note that fence repair remains the responsibility of the City of Cathedral City, the costs of which are not included in the Long-Term Management Plan and which will remain the responsibility of the City. The City will directly fund long-term fence maintenance. The total annual funding anticipated is approximately$4,892. The Project Land Manager is the Coachella Valley Conservation Commission. The CVCC will hold the Conservation Easement. The City hereby assures that it will fund or otherwise ensure funding in perpetuity the long-term management, enhancement, and monitoring activities on habitat lands in a manner consistent with this long-term management plan. The City will make the initial deposit to fund the endowment in the amount of$75,000 on or before the date of recordation of the Conservation Easement. The City will establish or cause to be established a dedicated trust account with a non-wasting endowment that assures long-term funding for the long-term management of the Project Lands. The City and the land manager shall consult with the RA on a year-to-year basis in the first five years and every five years thereafter to report on the status of management funding and Project Lands management and monitoring activities. Following annual management activities, the land manager shall appraise the RA of all management activities implemented during the reporting period. B. Task Prioritization Due to unforeseen circumstances, prioritization of tasks, including tasks resulting from new requirements, may be necessary if insufficient funding is available to accomplish all tasks. The land manager and the Signatory Agencies shall discuss task priorities and funding availability to determine which tasks will be implemented. In general, tasks are prioritized in this order: 1)tasks required by a local, state, or federal agency, 2) tasks necessary to maintain or remediate habitat quality, 3) tasks that monitor resources, particularly if past monitoring has shown downward trends. Equipment and materials necessary to implement priority tasks will also be considered priorities. 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O L 0 y c� o caas RA3 03 = Q as a) Z a, � a 3 Z - vn `� °� . vs +, �+ .V •t��, C G 2 C V o v] u v1 u V 0V 0 %. • a) ca a 0.. 04 w V - ( ai Z ea" G C ° mx4 °�0 2 z _, ' ai . � > ° > 0° ou o > 0 u , 0 ou o a) V ` .= a)) u > to • u ; � idox30 0.. U o U o F [A .4 -o > R bA 1613 a) N U M U rt 0 cuiill 511' VZ E Cr, ' ~O Q ~ "O 4 �O .0 SU O . a) ice, r. y 0O 4-, V 0 V 0 V ci = y 0O V En 0 F C7 W 44 W W W W DOC #2019-0149298 Page 113 of 212 02 o o o o cr N E-' M �O .a N y sig 69 a v� Q V 0 O H • Q V y �_''9 = ,a Ts 4E1' "C a) a)10 Q, a. , v0 0.) >, UU V� N ii cC " ?, C i ezt wo 'b O cd U ;. V LI. c L� U a) I a) _> a) • O 0, 0, O O Cr Cl al 1: Cr L L4, = a)0g ;� L 6) 03 CI uJ Q) O 0ell cCell 0 0 0 cd c6 u) en C ea ,C C O O CQ 4. Q• O >, O M — U r.el b9 C U EA EA b9 69 Cr a' 04 a) 0"� � I. 0 �, o cs, 0 S. W0 0 o 0• 0• • 0 - .0 � 4. o 0 o a - o V EA 69 p V 69 r EA ds 64 W w , , W 0 4 w e.. 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Q) ei, ca) d C/] '+ C) vv)i C C .yC v > G4 C) f� vi i+ G Q N a) 0 C ,, •, " by 0 N -d CI) a/ .-i 7 a as oo bo '" E Pa 0a to -a a E ea .c co • o� �Q a d b4 a)a toA o Pa ct o 'z, a) Pa a Nc, cl +=, G U N ea O C 3 •N N ea O C R .a • 0 .0 C +r -C ,.., y C a) O 0 c_ � ZL EZ 0 o 0 an F 0 � w ° cn 0) 0V) F C7 W F C7 X W F W a W C7 • DOC #2019-0149298 Page 114 of 212 00 N - — 0 I I1/40 d- O� M 0 N_ 0 V 69 b9 69 "i • In ` 69 69 O• -I MM� TdW IA ... a S., ro cd O CIO O ' cz O bl) O U O 'O t > CD CZ oUaia) >' 0 fl ai O a) Q = 0 L. 0 on 0 0 a) a) y .0 - L1, Q (> F V) c 0 cc CC) el = 4.. 'S W el V) Q I a) I a) I L. I a`"i Li,z1 at _ N Lam. Imo. al s�..� >, al N a. ' +--. Cr el > y" a . Otea0 el el s. a) a) el el O a ) W-1 ceS 1. I. >, at >, >, cC >, >, el >, >, .1-, O O N vC \O 10 .-. O N If) N ✓ 69 69 b9 69 69 69 L C t. Co O O ° s c. ',O I. NONO -4"'O C O ✓ 64 is4 6969 .�C 69 "—O £A .0 4, k.,I 0 y to _ CF., L. C.I.. Imo'. 4. CO O own y O 0 .0 O L O O O O y ct O ..O �• WZ ..0 0c°? Z000Z ..0 N 3 0 0 0 0 o aS as 0 3 0 _ c 0 to c) p 0 ra as O t0. O ^p W r-0, c >,'3 E U5 E as E EN b •^c0. O = 0 'y cocC OcUOOO A z < E O':IS > i0, Q co co U _ ++ 'O E a ct L O O y FI y 2 s. .0 C 0. N Z =et/ > v x •a C'S u cd O, ,x ru on = a) `) •[ O N d 0 v .° -0 0 Z :0 O 0 eel ,-- a V El 0 0 W O i. tt `• +- a) c, A y t I-a C O, a w 4. a) O cd O O .c , �o �C7c440 a4b � c b ci - as > U W . DOC #2019-0149298 Page 115 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP • Long-Term Management Plan For The Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project City of Cathedral City Riverside County, California FIGURES DOC#2019-0149298 Page 116 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC#2019-0149298 Page 117 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC#2019-0149298 Page 118 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. . ..i.:p,-.....,iiio.',''P''..'' 'I.',1.,r':tII .kt ,ja.*.. ..........4‘•••,1..4.",P•r ..o.Ar7T1.....,..,,4..",..ii.a7;lir,s:4>1,711.1t:.7. ;j. .;, DOC #2019-0149298 Page 119 of 212 , ,.iairii.,..7.17,4 tz.;;.,.. , 7;.ich._;„ •iir • 1 ,.• . ,101 •Nv1 / LV •,...... • .\....s; -Op•1? ..,, • .„,ii„,11:.*•.,.•,II,.• ' .7..ii,a I..4•.te."1: ...*,,:a .,. IC, V .. ,IF v. ,14„c4kiii•4 ...;•.:‘1,. vA.;-:•'/: ...k.Y.: 4. 1 to" 4; • ...? *. " 01,110.,W ii ---"• ,..'"' :. •17-14,..1 :..„. tks, ,i,,,...: ,'cis i,J A 'or ,,of.is• ! , ,,, •,,.r_ tri.,.....;1 / l 1 .. „,be . •P ifill•VE/ _. r A.._,,c;,..0.'• t. i ' .. I ee or . .% ..:„. .,,,,.. i..e-fee- 'r1'•'::r• ��:•:� r 1/.ti - r1•iiay� `I I • 1 1_ • ••'1,.•,_ �.•, • jie:Pr:.'S.?:'' '' .:,;.• .•..' (ter•.,,-•. ..1:-.,,,,' . ,,, ., •._.-t..,..a,,,..i ,. c .1,, -- ,▪ ••••:-•_,,... 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" r =+1 •$ 1 r• • •ti I I .' .•. e•-)8. • /f . •• _ -l■ r-: _ - - Y• • •i ?1 } ! .� `''i ,686-310-01°0' �_ . r.,! r {"'��r ei -�� .ti Il ` ♦ '0 \ '• 1 �• -,r ,,a �,• C i/rte• �,#,� f•r.,, . �•. 1i. 'ti•• I 1-.r fi / I .1.' r , _i»-..11 , •r• 1 {a'..—� --,\\'1, it off. P.X. r r i I '\ �• r� r r, 1 I -IL-1. 1 % ♦ er/.7...,..f....."/▪ � r�• •...• -4l,i.� \,•._ • 1.1 1 • i.....7...:* � I � 1 r ( f��fl .+ ` '-•,,, •�'�•�� �.\`~-', ' � f r.�1+• /f• �r r�--„`S' ����1 ��:�� tip, •,. _'18,_'' i :, r.' . .„ , ...,.-. ti -.4--4,• _�`f.4- ; .."1-1:-:•":-.' 0:Ir-r-�-r'��'r t_ S~ l ! 1 e. i - .\.-_ 1.,`• 1 ' �I �! . •._ 1 •Ali►, \. • 11\ a` _�t�_�."r . -, ,," if i •r 1• f!Sy /Of¢ . f • � _ • ". /%• ,•, ._�.�r 6' — 1:-, `5 J 1•Itio ,,••• .!:,....;-;•••1,,e.• AI? 11 ...,,,,,,,1„...l://1.,...„(1,0•••••-c........_ tib r!f ,r _ �.` r Le end s'� ,ti:�' �� i;• ti !i: ! � 11 ,•-. ----NZ:- Legend �-• \•5„ 41` . ' o �,-� If •- 1 , rte. Conservation Easement Boundary e 1 ` ,ti ! e .0% , r IN '-:•--...' .1 Wt: Adjacent Parcel Map Lines f• l'• ! •e-.: . � � i1 iall Source: USGS 7.5 Minute Quad Map o Cathedral City,CA 1951,Photorevised 1981 -. r 1 Cathedral Canyon Bridge (PN SPL-2010-00505-VCC) Figure J TERRA NOVA LTMP Topographic Map - Mitigation Lands 4 PLANNING A RESEARCH,INC, Cathedral City, California C,,, are„ DOC#2019-0149298 Page 120 of 212 z r } 686-310-014k 1 rt t,. - k � � 686-310-014 F . t 1 r. 686-310-011 686-310 010V. �. , p� g r� [S f yt r 4 I fa ' 47 jt oil 1 Legend z CONSERVATION EASEMENT BOUNDARY ., LiSurvey Area Algh GdE:CARSITAS GRAVELLY SAND,9-30%SLOPES w<bo e I Che:CARSITAS COBBLY SAND,2-9%SLOPES : 0 62.S:12300151 250 Feet _____1 RO:ROCK OUTCROP 4 Fir r Parcel Boundaries are Approximation 1 inch feet kli,, .CS IIWSilwatrdo fuciecatiYle a caro kt naaau In 3xz52dG�res O Figure r 1 0 Cathedral Canyon Bridge(PN SPL-2010-00505-VCC) 544 TERRA NOVA LTMP Soils Map-Mitigation Lands + = �b ��N� Cathedral City, California .iilla,;, cicj: ' DOC#2019-0149298 Page 121 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC#2019-0149298 Page 122 of 212 .-4-.4 :t ,: .',"1-*".• _. t 'AI • — 7 . ,. ..)=.7 r-dr- 1, i,-,,k.., ,• ,,,„.,-- . 40,,, &,', Ai- •:iti,,, .:* . ,,s. , 44 4 4 0 ' 4",',kr- .t,'".*. :, ',4,4 ••", . :41i .i 4.". 1 4 ..... . IP 44 40' , '441k •4, , . 4 4. ,,,,• : , . ''....., % Ai*...4 •-:?•,..„.2 14 „,..•• * ,„, .-,.4•%4",•/:,,‘,..'„,2,:;•••_4'. •• . i 744. jit 1 ilit411111"... .." lik ' '.,..‘;*'. ' '1 * ' ' 14:, ;.4, •4 ' '' • *04. r • .1, •4"..,'• •/ 'ri • d -44., 4; - •,4.,/i'-'4,..:3(/,‘': & ..G. ; • 4*4 . *- *•" 44 4. - . •• •4•42/ f•-e-• .A/.- „. ..,., _r A,4ti I .!-' .,..7 ,-,'•••,4,4 • . , .44. - •,../:/-4e,„`;',4‘,:t/,5';'--- * ., . /4,`1,- -7i, - •' ''',444.k.• • ii ,o J. ,,, 4,_,,fr•'`.c,‘,4,;,,,, ,-, - , •., .. ', ,.: 7„4„4,..,',.•„.4;i,,i,/4„:!::: 4,4,... . . 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' : ' ' ;3f '•V ' -4:e , , : f .:f; 4 : 1 * •• '''. ' 4 14•471:;1,4;:e.44/1-;#/i.er: 4- '• :-;',-i.et??..t9.:",4'..'.;V,i.e.: ,"•.. .4":,,0'*,•2•',7,'., ,", ., . , t oi 1., i _./..-2‘0,4;',"/.• 1 '.'. ,,:'# ' ''. .. 4 ' ' ,t. t,7,44' .;;5.,,,/Ikl,"1,,,,,::: 1 1 * e, . ..... .v,.,4,/..., 4 „ 4", , • ). • , ,,, ,;f,,,,,t t. It. - 1 .- . * ' • 4 ' /,/.':1,?1'.'44 . ' 'd'. . ' i -4, 0.,,-•,, 4.- • ,,,,..,,!:::„0 ..- :fr •$' • . l'i' 1 , 44.::„ .,c.„::: „--:,„ ,,;;:,,,),:,',.'.. ' 686-31070 0. , iriirp.)t, - - ''''''' 4:: . '-/''' 68'6-310-011, .• . i " ‘,.*. ,,7--'-''' . , „ a. \ '",;.--'',;.,-,.;',:i , , ,a , ,,, 2.4e- ,•.4;.1' 4. 4' ''4 '';') ' ' .11' i . --• ' .i ... . , , A "`'it.,- • -u 4.4'- ..- A% 1., - 1 ' -111* - • , t l' ' . s •- 4 ei' .. a't !..1 ' ' a0op*..?O. •:, Legend ...,,,,, *, , , • - "7."1"-**)4 . -.* ''' :,''..' .*:•tiat04 ,4"- ' -.... •-........-. Conservation Easement Boundary 1 vf,clb, E L......i Survey Area f .' s Waters of the US,State&CDFW Streambed . / .. , _ A .1. %** 0 60 120 240 Feet , , ,,.• 1 , 1411111 Photo Point '''At I inch=300 feet k RVf,„f S tqi•/Srorow,ye,n1fwects'CR,,,:.1 Cop, r4sloabon 3225.200591nops ce, ,-, Figure r 1 Cathedral Canyon Bridge (PN SPL-2010-00505-VCC) it ea L Al TERRA NOVA LTMP Jurisdictional Delineation Map -Mitigation Lands 7 PU,14NING&RESEAFICti_v&-' Cathedral City, California c-..i.f.•,..4-4!...,:e., - . DOC #2019-0149298 Page 123 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Long-Term Management Plan For The Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project City of Cathedral City Riverside County, California APPENDIX A PRELIMINARY TITLE REPORT FOR PARCELS 686-310-004,010,011 AND 014 LAWYERS TITLE JANUARY 5, 2016 DOC#2019-0149298 Page 124 of 212 Lawyers Title Company � Lammers Title' 3480 Vine Street Suite 300 Riverside, CA 92507 Phone: (951) 774-0825 Fax: ( ) Overland , Pacific&Cutler, Inc. Title Officer: Peggy Jones--So 3750 Schaufele Avenue Suite 150 email: tu67@ltic.com Long Beach , CA 90808 Phone No.: (951) 774-0825 x 617 Fax No.: (866) 657-1033 Attn: John Cutler File No.: 614671015 Your Reference No: Property Address: Riverside, California 3rd UPDATED PRELIMINARY REPORT Dated as of February 27, 2017 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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. Limitation on Covered Risks applicable to the CLTA and ALTA 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One 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. CLTA Preliminary Report Form-Modified (11-17-06) Page 1 DOC#2019-0149298 Page 125 of 212 File No: 014671015 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Owners 2006 ALTA Loan 2006 The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: The City of Cathedral City The land referred to herein is situated in the County of Riverside, State of California, and is described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form—Modified (11'17-06) Page 2 DOC#2019-0149298 Page 126 of 212 File No: 614671015 EXHIBIT "A" All that certain real property situated in the County of Riverside, State of California, described as follows: A Proposed Conservation Easement, more particularly described as follows: Those portions of Parcel 2 of Parcel Map No. 24915, as shown in Parcel Map Book 159, at Pages 88 through 90, inclusive, in the Office of the County Recorder of Riverside County, California, described as follows: Beginning at the Northerly terminus of that certain course in the boundary of said Parcel 2 of Parcel Map No. 24915, shown on said Parcel Map as Course No. 7, having a bearing North 18°03'47" West, and a distance of 331.16 feet; Thence South 18°03'47" East, 111.44 feet along the boundary of said Parcel 2 to the true point of beginning, said point being the point of intersection of the boundary of said Parcel 2 with a North line of the boundary of a Conservation Easement on a portion of Parcel 1 of Parcel Map 24915, described in that certain Instrument recorded on January 20, 2000 as Instrument No. 020749 of Official Records of Riverside County. Thence leaving said boundary of Parcel 2 North 78°32'27" East, 1049.01 feet to a point in the boundary of said Parcel 2 of Parcel Map 24915, shown as Course No. 16 on said Parcel Maps, having a bearing of North 59°26'46"West and a distance of 282.17 feet; The following sixteen (16) courses are all along the boundary of said Parcel 2 as shown on said Parcel Map 24915; Thence, from said point, South 59°26'46" East, 37.17 feet to the beginning of a tangent curve, concave Westerly and having a radius of 125.00 feet; Thence, Southeasterly and Southwesterly along said curve through a central angle of 141°36'31" an arc distance of 308.94 feet to the beginning of a reverse curve concave Southeasterly and having a radius of 500.00 feet, a radial of said reverse curve through the point of reverse curvature bears North 07°50'15" West; Thence, Southwesterly along said reverse curve through a central angle of 83°48'28"an arc distance of 731.36 feet to the beginning of a reverse curve, concave Westerly and having a radius of 350.00 feet, a radial of said reverse curve through the point of reverse curvature bears North 88°21'17" East; Thence, Southerly along said reverse curve through a central angle of 27°42'42"an arc distance of 169.28 feet; Thence, South 26°03'59"West, 563.57 feet to the beginning of a tangent curve, concave Northwesterly and having a radius of 150.00 feet; Thence Southwesterly along said curve through a central angle of 40°52'16"an arc distance of 107.00 feet; Thence South 66°56'15"West, 249.11 feet; Thence South 03°34'52"West, 77.61 feet to the beginning of a tangent curve concave Northerly and having a radius of 75.00 feet; CLTA Preliminary Report Form -Modified (11-17-06) Page 3 DOC#2019-0149298 Page 127 of 212 File No: 614671015 Thence, Southerly, Southwesterly and Northerly along said curve through a central angle of 209°34'49"an arc distance of 274.34 feet; Thence North 33vO9'41"East, 202.90 feet; Thence North O3^42'42"East, 2O8.54feet; Thence North O7"O3'O2^ East, 276.68feet; Thence North 58°17'32"West, 171.23 feet to the beginning of a tangent curve, concave Easterly and having a radius of 175.00 feet; Thence Northerly along said curve through a central angle of 73°35'48"an arc distance of 224.79 feet; Thence North 15^18'16"East, 4O6.8Ofeet; Thence North 18"O3'47"West, 219.72 feet to the true point of beginning. Assessor's Parcel No: 686-310-004; 686-310-010; 686-310-011 and 686-310-014 CLTA Preliminary Report Form- Modified (11-17-06) Page 4 DOC#2019-0149298 Page 128 of 212 File No: 614671015 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 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 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. CLTA Preliminary Report Form—Modified (11-17-06) rages DOC#2019-0149298 Page 129 of 212 File No: 614671015 SCHEDULE B - Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. There were no taxes levied for the fiscal year 2015-2016 as the property was vested in a public entity. Assessor's Parcel No: 686-310-011-0 All or a part of the Land herein described does not appear to be assessed on the Tax Roll for the year(s) 2013-2014. Said Land is subject to the possible assessment and collection of property taxes for current and prior years. B. There were no taxes levied for the fiscal year 2015-2016 as the property was vested in a public entity. Assessor's Parcel No: 686-310-014-3 All or a part of the Land herein described does not appear to be assessed on the Tax Roll for the year(s) I013-2014. Said Land is subject to the possible assessment and collection of property taxes for current and prior years. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) in favor of the public over any existing roads lying within said Land. 3. Intentionally Deleted. 4. Intentionally Deleted. CLTA Preliminary Report Form - Modified (11-17-06) Page 6 DOC#2019-0149298 Page 130 of 212 File No: 614671015 5. Intentionally Deleted 6. Intentionally Deleted 7. Intentionally Deleted 8. Intentionally Deleted 9. Intentionally Deleted 10. Intentionally Deleted 11. Intentionally Deleted 12. Intentionally Deleted. 13. A declaration of covenants, conditions and restrictions which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Recorded: February 26, 2002 as Instrument No. 2002-98629 of Official Records NOTE: This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or(c) relates to a handicap but does not discriminate against handicapped people. 14. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law(such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: The Redevelopment Agency of the City of Cathedral City Recording Date: September 10, 2008 Recording No: as Instrument No. 2008-0496702 of Official Records 15. Any policy of title insurance issued under this application will not insure a legal right of access to and from said Land. Insuring Provision will be deleted. 16. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CLTA Preliminary Report Form- Modified (11-17-06) Page 7 DOC#2019-0149298 Page 131 of 212 File No: 614671015 17. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 18. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 19. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION"WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form- Modified (11-17-06) Page 8 DOC #2019-0149298 Page 132 of 212 File No: 614671015 REQUIREMENTS �����d���" ~~~~~~ ^ �~~^~" Req. No. 1: The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: The City of Cathedral City a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a 'parent'organization, a copy of the Articles and By-laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CoA Preliminary Report Form- Modified (11'17-06) Page 9 DOC#2019-0149298 Page 133 of 212 File No: 614671015 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subjecproperty. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. CLTA Preliminary Report Form -Modified (11-17-06) Page 10 DOC#2019-0149298 Page 134 of 212 File No: 614671015 Note No. 4: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Processor: cph/ cph Date Typed: March 25, 2014/ December 3, 2015 CLTA Preliminary Report Form-Modified (11-17-06) Page 11 DOC #2019-0149298 Page 135 of 212 File No: 614671015 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION 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. My 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. Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 12 DOC #2019-0149298 Page 136 of 212 File No: 614671015 • CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE • 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; d. 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 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 Land. 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. 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: Our Maximum Dollar Your Deductible Amount Limit of Liability Covered Risk 16: 1.00%of Policy Amount Shown in Schedule A $10,000.00 or$2,500.00 (whichever is less) Covered Risk 18: 1.00%of Policy Amount Shown in Schedule A $25,000.00 or$5,000.00 (whichever is less) Covered Risk 19: L00%of Policy Amount Shown in Schedule A $25,000.00 or$5.000.00 (whichever is less) Covered Risk 21: 1.00%of Policy Amount Shown in Schedule A $5,000.00 or$2.500.00 (whichever is less) Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 13 DOC #2019-0149298 Page 137 of 212 File No: 614671015 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) 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 any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records • on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date—unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date—this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A OR • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN 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: 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 of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 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. Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 14 DOC #2019-0149298 Page 138 of 212 . File No: 614671015 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 11(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 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: 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. 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 of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion I(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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: 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. Attachment One(Revised 06-03-11) CA,NV,HI and Guam Page 15 DOC #2019-0149298 Page 139 of 212 File No: 614671015 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07-26-10) 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: 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 of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6, 13(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 11(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. Attachment One(Revised 06-03-11) CA,NV,Hl and Guam Page 16 DOC#2019-0149298 Page 140 of 212 File No: 614671015 Lawyers T�eCompany ��� Lawyers ���u�m� 348UVine Street Suite 3OO Riverside, CA 92507 Phone: (951) 774-0825 Fax: ( ) Order No. 614671015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter LTC - Lawyers Title Company CLTIC- Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Notice of Available Discount Mod. 10/21/2011 CLTA Preliminary Report Form -Modified (11'17'06) Page 17 DOC #2019-0149298 Page 141 of 212 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary impaired or not function as intended. See the Third Party Opt Out companies providing real estate- and loan-related services (collectively, section below. "FNF","our"or"we")respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Web Beacons. Seine of our web pages and electronic Information (as defined herein) is being collected, processed and used by communications may contain images, which may or may not be FNF. We pledge that we will take reasonable steps to ensure that your visible to you, known as Web Beacons (sometimes referred to as Personal Information will only be used in ways that are in compliance with "clear gifs"). Web Beacons collect only limited information that this Privacy Notice. The provision of this Privacy Notice to you does not includes a cookie number; time and date of a page view; and a create any express or implied relationship,or create any express or implied description of the page on which the Web Beacon resides. We may duty or other obligation,between Fidelity National Financial, Inc. and you. also carry Web Beacons placed by third party advertisers.These Web See also No Representations or Warranties below. Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. This Privacy Notice is only in effect for any generic information and See the Third Party Opt Out section below. Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features,services and/or programs Unique Identifier. We may assign you a unique internal offered by FNF (collectively, the "Website"). This Privacy Notice is not identifier to help keep track of your future visits. We may use this applicable to any other web pages, mobile applications, social media sites, information to gather aggregate demographic information about our email lists, generic information or Personal Information collected and/or visitors,and we may use it to personalize the information you see on owned by any entity other than FNF. the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this How Information is Collected information is not shared with others. The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (I) contact information (e.g., Third Party Opt Out. Although we do not presently, in the future name, address,phone number, email address);(2)demographic information we may allow third-party companies to serve advertisements and/or (e.g.,date of birth,gender marital status);(3)Internet protocol(or IP)address collect certain anonymous information when you visit the Website. or device ID/UDID; (4) social security number (SSN), student ID (SIN), These companies may use non-personally identifiable information driver's license, passport, and other government ID numbers; (5) financial (e.g.,click stream information,browser type,time and date,subject of account information; and (6) information related to offenses or criminal advertisements clicked or scrolled over) during your visits to the convictions. Website in order to provide advertisements about products and In the course of our business,we may collect Personal Information about you services likely to be of greater interest to you. These companies from the following sources: typically use a cookie or third party Web Beacon to collect this • Applications or other forms we receive from you or your authorized information, as further described above. Through these technologies, representative; the third party may have access to and use non-personalized • Information we receive from you through the Website; infonnation about your online usage activity. • Information about your transactions with or services performed by us, You can opt-out of certain online behavioral services through any one our affiliates,or others;and of the ways described below.After you opt-out,you may continue to • From consumer or other reporting agencies and public records receive advertisements,but those advertisements will no longer be as maintained by governmental entities that we either obtain directly from relevant to you. those entities,or from our affiliates or others. • You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. Additional Ways Information is Collected Through the Website • You can opt-out via the Consumer Choice Page at Browser Log Files. Our servers automatically log each visitor to the www.aboutads.info. Website and collect and record certain information about each visitor. This • For those in the U.K.,you can opt-out via the IAB UK's information may include IP address, browser language, browser type, industry opt-out at www.youronlinechoices.com. operating system,domain names,browsing history(including time spent at a • You can configure your web browser(Chrome,Firefox, domain,time and date of your visit),referring/exit web pages and URLs,and Internet Explorer,Safari,etc.)to delete and/or control the use of number of clicks.The domain name and IP address reveal nothing personal cookies. about the user other than the IP address from which the user has accessed the More infonnation can be found in the Help system of your browser. Website. Note: If you opt-out as described above, you should not delete your Cookies. From time to time,FNF or other third parties may send a"cookie" cookies.If you delete your cookies,you will need to opt-out again. to your computer. A cookie is a small piece of data that is sent to your Use of Personal Information Internet browser from a web server and stored on your computer's hard drive Information collected by FNF is used for three main purposes: and that can be re-sent to the serving website on subsequent visits.A cookie, • To provide services to you or one or more by itself,cannot read other data from your hard disk or read other cookie files thirdpartyserviceideproductsand services cee] already on your computer.A cookie,by itself,does not damage your system. providersy, "Third Parties") who We,our advertisers and other third parties may use cookies to identify and are obtaining services on your behalf or in connection with a keep track of,among other things,those areas of the Website and third party transaction involving you. websites that you have visited in the past in order to enhance your next visit • To improve our products and services that we perform for to the Website.You can choose whether or not to accept cookies by changing you or for Third Parties. the settings of your Internet browser,but some functionality of the Website • To communicate with you and to inform you about FNF's, may be FNF's affiliates and third parties'products and services. DOC #2019-0149298 Page 142 of 212 When Information Is Disclosed By FNF Information From Children We may provide your Personal Information (excluding information we We do not collect Personal Information from any person that we know to be receive from consumer or other credit reporting agencies) to various under the age of thirteen (13). Specifically, the Website is not intended or individuals and companies,as permitted by law,without obtaining your prior designed to attract children under the age of thirteen(13). You affirm that authorization.Such laws do not allow consumers to restrict these disclosures. you are either more than 18 years of age, or an emancipated minor, or Disclosures may include,without limitation,the following: possess legal parental or guardian consent,and are fully able and competent • To agents, brokers, representatives, or others to provide you with to enter into the terms,conditions,obligations,affirmations,representations, services you have requested, and to enable us to detect or prevent and warranties set forth in this Privacy Notice, and to abide by and comply criminal activity,fraud,material misrepresentation,or nondisclosure in with this Privacy Notice.In any case,you affirm that you are over the age of connection with an insurance transaction; 13,as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER • To third-party contractors or service providers who provide services or 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR perform marketing services or other functions on our behalf; LEGAL GUARDIAN. • To law enforcement or other governmental authority in connection with Parents should be aware that FNF's Privacy Notice will govern our use of an investigation,or civil or criminal subpoenas or court orders;and/or Personal Information,but also that information that is voluntarily given by • To lenders,lien holders,judgment creditors,or other parties claiming an children—or others—in email exchanges,bulletin boards or the like may be encumbrance or an interest in title whose claim or interest must be used by other parties to generate unsolicited communications. FNF determined,settled,paid or released prior to a title or escrow closing. encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet, In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith Privacy Outside the Website belief that such disclosure is necessary to:(1)comply with a legal process or The Website may contain various links to other websites,including links to applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that various third party service providers. FNF is not and cannot be responsible any materials,documents,images,graphics,logos,designs,audio,video and for the privacy practices or the content of any of those other websites.Other any other information provided by you violates the rights of third parties;or than under agreements with certain reputable organizations and companies, (4) protect the rights, property or personal safety of FNF, its users or the and except for third party service providers whose services either we use or public. you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the We maintain reasonable safeguards to keep the Personal Information that is Website links, although we may share aggregate, non-Personal Information disclosed to us secure. We provide Personal Information and non-Personal with those other third parties. Please check with those websites in order to Information to our subsidiaries,affiliated companies,and other businesses or determine their privacy policies and your rights under them. persons for the purposes of processing such infonnation on our behalf and promoting the services of our trusted business partners,some or all of which European Union Users may store your information on servers outside of the United States. We If you are a citizen of the European Union,please note that we may transfer require that these parties agree to process such information in compliance your Personal Information outside the European Union for use for any of the with our Privacy Notice or in a similar,industry-standard manner,and we use purposes described in this Privacy Notice. By providing FNF with your reasonable efforts to limit their use of such infonnation and to use other Personal Information,you consent to both our collection and such transfer of appropriate confidentiality and security measures. The use of your your Personal Information in accordance with this Privacy Notice. information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we Choices With Your Personal Information collect from consumer or credit reporting agencies with our affiliates or Whether you submit Personal Information to FNF is entirely up to you.You others without your consent, in conformity with applicable law,unless such may decide not to submit Personal Information,in which case FNF may not disclosure is otherwise permitted by law. be able to provide certain services or products to you. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and You may choose to prevent FNF from disclosing or using your Personal defend against any third-party claims or allegations, assist government Information under certain circumstances("opt out").You may opt out of any enforcement agencies, protect the security or integrity of the Website, and disclosure or use of your Personal Information for purposes that are protect the rights,property,or personal safety of FNF,our users or others. incompatible with the purpose(s)for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the We reserve the right to transfer your Personal Information, as well as any methods at the end of this Privacy Notice. Furthennore, even where your other information, in connection with the sale or other disposition of all or Personal Information is to be disclosed and used in accordance with the part of the FNF business and/or assets. We also cannot make any stated purposes in this Privacy Notice, you may elect to opt out of such representations regarding the use or transfer of your Personal Information or disclosure to and use by a third party that is not acting as an agent of FNF.As other information that we may have in the event of our bankruptcy, described above,there are some uses from which you cannot opt-out. reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of Please note that opting out of the disclosure and use of your Personal your Personal Information or other infonnation in connection with a sale or Information as a prospective employee may prevent you from being hired as transfer of some or all of our assets in any of the above described an employee by FNF to the extent that provision of your Personal proceedings. Furthermore, we cannot and will not be responsible for any Information is required to apply for an open position. breach of security by any third parties or for any actions of any third parties If FNF collects Personal Information from you,such information will not be that receive any of the information that is disclosed to us. disclosed or used by FNF for purposes that are incompatible with the purpose(s)for which it was originally collected or for which you DOC #2019-0149298 Page 143 of 212 subsequently gave authorization unless you affirmatively consent The mortgage loan servicer is responsible for taking action or to such disclosure and use. making changes to any consumer information submitted through this website. For example, if you believe that your You may opt out of online behavioral advertising by following the payment or user information is incorrect, you must contact instructions set forth above under the above section "Additional your mortgage loan servicer. Ways That Information Is Collected Through the Website," subsection"Third Party Opt Out." CCN does not share consumer information with third parties,other Access and Correction than those with which the mortgage loan servicer has contracted to To access your Personal Information in the possession of FNF and interface with the CCN application. correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy All sections of the FNF Privacy Notice apply to your interaction Notice. We ask individuals to identify themselves and the with CCN, except for the sections titled Choices with Your information requested to be accessed and amended before Personal Information and Access and Correction. If you have processing such requests,and we may decline to process requests questions regarding the choices you have with regard to your in limited circumstances as permitted by applicable privacy personal infonnation or how to access or correct your personal legislation. information,you should contact your mortgage loan servicer. Your California Privacy Rights No Representations or Warranties Under California's"Shine the Light"law,California residents who By providing this Privacy Notice,Fidelity National Financial,Inc. provide certain personally identifiable information in connection does not make any representations or warranties whatsoever with obtaining products or services for personal, family or concerning any products or services provided to you by its household use are entitled to request and obtain from us once a majority-owned subsidiaries. In addition,you also expressly agree calendar year infonnation about the customer information we that your use of the Website is at your own risk. Any services shared,if any,with other businesses for their own direct marketing provided to you by Fidelity National Financial, Inc. and/or the uses. If applicable,this infonnation would include the categories Website are provided "as is" and "as available" for your use, of customer information and the names and addresses of those without representations or warranties of any kind,either express or businesses with which we shared customer information for the implied,unless such warranties are legally incapable of exclusion. immediately prior calendar year(e.g.,requests made in 2015 will Fidelity National Financial, Inc. makes no representations or receive information regarding 2014 sharing activities). warranties that any services provided to you by it or the Website, To obtain this information on behalf of FNF,please send an email or any services offered in connection with the Website are or will message to privacy@fnf.com with"Request for California Privacy remain uninterrupted or error-free, that defects will be corrected, Information"in the subject line and in the body of your message. or that the web pages on or accessed through the Website,or the We will provide the requested information to you at your email servers used in connection with the Website, are or will remain address in response. free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Please be aware that not all information sharing is covered by the Fidelity National Financial, Inc. and your exclusive remedy with "Shine the Light" requirements and only information on covered respect to the use of any product or service provided by Fidelity sharing will be included in our response. National Financial, Inc. including on or accessed through the Additionally, because we may collect your Personal Information Website, will be the re-performance of such service found to be from time to time, California's Online Privacy Protection Act inadequate. requires us to disclose how we respond to"do not track"requests and other similar mechanisms.Currently,our policy is that we do Your Consent To This Privacy Notice not recognize"do not track"requests from Internet browsers and By submitting Personal Information to FNF, you consent to the similar devices. collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless FNF Compliance with California Online Privacy Protection you inform us otherwise by means of the procedure identified Act below. If we decide to change this Privacy Notice, we will make For some websites which FNF or one of its companies owns,such an effort to post those changes on the Website. Each time we as the Customer CareNet("CCN"),FNF is acting as a third party collect information from you following any amendment of this service provider to a mortgage loan servicer.In those instances,we Privacy Notice will signify your assent to and acceptance of its may collect certain information on behalf of that mortgage loan revised terms for all previously collected information and servicer for fulfilling a service to that mortgage loan servicer.For information collected from you in the future. We may use example,you may access CCN to complete a transaction with your comments, information or feedback that you may submit in any mortgage loan servicer. During this transaction, the information manner that we may choose without notice or compensation to which we may collect on behalf of the mortgage loan servicer is as you. follows: If you have additional questions or comments,please let us know • First and Last Name by sending your comments or requests to: • Property Address Fidelity National Financial,Inc. • User Name 601 Riverside Avenue • Password Jacksonville,Florida 32204 • Loan Number Attn:Chief Privacy Officer • Social Security Number-masked upon entry (888)934-3354 • Email Address privacy(c�fnf.com • Three Security Questions and Answers • IP Address Copyright©2015.Fidelity National Financial,Inc. All Rights Reserved. The information you submit is then transferred to your mortgage EFFECTIVE AS OF: MAY 1,2015 loan servicer by way of CCN. DOC#2019-0149298 Page 144 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC #2019-0149298 Page 145 of 212 TN/City of Cathedral City/January 22,2018 Cathedral Canyon Bridge 404(b)(1)LTMP Long-Term Management Plan For The Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project City of Cathedral City Riverside County, California APPENDIX B EAST CATHEDRAL COVE PRESERVE UNIT BIOLOGICAL RESOURCES ASSESSMENT REPORT IN SUPPORT OF THE DESERT COVE LONG-TERM MANAGEMENT PLAN FOR THE CATHEDRAL CANYON DRIVE LOW WATER CROSSING REPLACEMENT (NEW BRIDGE) AT THE WHITEWATER RIVER PROJECT APPLICATION NO.: SPL-2010-00505-VCC CATHEDRAL CITY, RIVERSIDE COUNTY, CALIFORNIA AMEC ENVIRONMENT & INFRASTRUCTURE, INC. JULY 2014 DOC#2019-0149298 Page 146 of 212 ame EAST CATHEDRAL COVE PRESERVE UNIT BIOLOGICAL RESOURCES ASSESSMENT REPORT IN SUPPORT OF THE DESERT COVE LONG-TERM MANAGEMENT PLAN FOR THE Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project Application No.: SPL-2010-00505-VCC CATHEDRAL CITY, RIVERSIDE COUNTY, CALIFORNIA DRAFT Prepared for: Terra Nova Planning and Research, Inc. 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 Tel: (760)341-4800 Fax (760)341-4455 Contact: John D. Criste,AICP icristenterranovaplanning.com Prepared by: AMEC Environment& Infrastructure 3120 Chicago Avenue, Suite 110 Riverside, California 92507 Tel: (951)369-8060 Fax: (951)369-8035 Principal Investigator: Matt Amalong, Wildlife Biologist matt.amalong@amec.com July 2014 AMEC Project No. 322520059 DOC#2019-0149298 Page 147 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 TABLE OF CONTENTS 1.0 INTRODUCTION 3 2.0 EAST CATHEDRAL COVE PRESERVE UNIT LOCATION 3 3.0 METHODS 3 3.1 Literature Review 3 3.2 Habitat Assessment 4 4.0 BIOLOGICAL RESOURCES 4 4.1 Coachella Valley MSHCP 4 4.2 Topography 4 4.3 Waters 4 4.4 Soils 5 4.5 Habitat Comm untities 5 4.6 Species Present and Potentially Present 5 4.6.1 Endangered and Threatened Species 14 4.6.2 Rare Species and Species of Special Concern 15 5.0 MANAGEMENT AND MONITORING 16 5.1 Waters 16 5.2 Covered Species 16 5.2.1 Threatened/Endangered Plant Species Monitoring 16 5.2.2 Threatened/Endangered Animal Species Monitoring 17 5.3 Invasive Species 17 5.4 Security, Safety, and Public Access 17 5.4.1 Trash and Trespass 17 5.4.2 Fire Hazard Reduction 18 5.4.3 Fences and Gates 18 6.0 REFERENCES 18 • Page 1 DOC#2019-0149298 Page 148 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 LIST OF FIGURES Figure 1 Project Location and Vicinity Figure 2 Soils Map Figure 3 Vegetation Map LIST OF TABLES Table 1 Special-Status Biological Resources Occurring or Potentially Occurring in the Project Vicinity LIST OF APPENDICES Appendix 1 Site Photographs Page 2 DOC#2019-0149298 Page 149 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 1.0 INTRODUCTION AMEC Environment & Infrastructure (AMEC) was contracted by Terra Nova Planning and Research, Inc. (Terra Nova) to conduct a biological resources assessment for mitigation lands originally proposed for conservation in response to the creation of the now abandoned Desert Cove Golf Resort. In 2006, AMEC prepared The Desert Cove Management Plan (Plan) (AMEC 2006) to describe the approaches and goals for the management of the Desert Cove Preserve Units (Preserve Units) in perpetuity. There were four Preserve Units totaling 252.15 acres that were to make up the Desert Cove Habitat Preserve (Preserve). These preserve units were never placed under a conservation easement and currently have no special protection or conservation management plan. This report assesses the East Cathedral Cove Preserve Unit, which is approximately 39 acres. The Plan is not intended to cover direct species monitoring or preservation, and species monitoring is not a requirement of the permits. The Plan is for maintenance of the individual Preserve Unit, which functions as part of the larger species preservation goal. Generally, management of the Preserve will favor the maintenance and appropriate enhancement of native plants and animals, and human activities that detract from these goals will not be permitted. Thus, the Preserve was established for the benefit of native species and is not intended as an area for human recreational activities. 2.0 EAST CATHEDRAL COVE PRESERVE UNIT LOCATION The East Cathedral Cove Preserve Unit is located in the southwest corner of the United States Geologic Society (USGS) Cathedral City 7.5' quadrangle in Cathedral City, Riverside County, California (Figure 1) at the base of the foothills of the Santa Rosa Mountains. The Assessor Parcel Numbers (APN) are 686-310-010, 686-310-011, and 686-310-014. These three parcels are located in the Santa Rosa and San Jacinto Mountains Conservation Area of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). Surrounding land use includes a single-family subdivision to the north, and undeveloped land to the east,west, and south. 3.0 METHODS 3.1 Literature Review Prior to the field survey, a records search was conducted to identify the historical occurrences of special-status species and/or habitats in the vicinity of the East Cathedral Cove Preserve Unit. This search included a review of the California Department of Fish and Wildlife (CDFW) Natural Diversity Data Base (CNDDB), a review of the California Native Plant Society (GNPS) Rare and Endangered Vascular Plants of California, a review of the CVMSHCP, a review of recent aerial photographs, and a review of other pertinent documents from the AMEC library and project files(e.g., other biological surveys from the general vicinity). Page 3 DOC#2019-0149298 Page 150 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 3.2 Habitat Assessment AMEC wildlife biologist Matt Amalong conducted a habitat assessment of the East Cathedral Cove Preserve Unit on June 2, 2014. Weather conditions were 89-103 degrees Fahrenheit, 50 percent cloud cover, and winds at 0-5 mph. Data were collected by the use of a hand-held Global Positioning System /GPS\, photographs, and aerial field maps. The Preserve Unit was surveyed to assess the presence of special-status species and habitats. 4.0 BIOLOGICAL RESOURCES Appendix 1 contains site photographs along with a "photo point" map. 4.1 Coachella Valley MSHCP The East Cathedral Cove Preserve Unit is located within the Santa Rosa and San Jacinto Mountains Conservation Area of the CVMSHCP. The Santa Rosa and San Jacinto Mountains Conservation Area encompasses virtually all of the desert slopes of the Santa Rosa and San Jacinto Mountains as well as much of the higher elevation areas of the Santa Rosa Mountains. This Conservation Area is linked to the south with Anza Borrego Desert State Park and to the west with San Bernardino National Forest areas and Mt. San Jacinto State Park. To the north, this Conservation Area is contiguous with the Snow Cnyek/VVindy Point Conservation Area, which includes two biological corridors to the San Bernardino Mountains. The Santa Rosa and San Jacinto Mountains Conservation Area contains a total of approximately 211,070 acres. 4.2 Topography The Preserve Unit is located at the base of the foothills of the Santa Rosa Mountains. Two desert dry wash "forks" occur on this Preserve Unit, the west fork and the east fork, both flowing south to north, from approximately 730 feet to 630 feet in elevation. A higher elevation ridge rising to over 800 feet separates the two washes and is not a part of this Preserve Unit. 4.3 Waters AMEC conducted a jurisdictional delineation for the Preserve Unit (AMEC 2014). A brief summary is provided below. The two ephemeral desert wash systems that occur within the Preserve Unit flow to the north, separated by a ridge, and join just beyond the north side of the Preserve Unit. Runoff from the site flows into a drainage channel that backs the subdivision immediately to the north of the Preserve Unit. This mostly linear channel then flows northeast into the Whitewater River, which ultimately flows into the Salton Sea. The unnamed desert wash systems in the Preserve Unit are ophonnana|, flowing for less than 3 months per year, and would therefore be classified as a non-Relatively Permanent Waterway (RPW) by the United States Army Corps of Engineers /U8/\[:E\. The ephemeral washes flow approximately 1.8 miles into an RPW, the Whitewater River, which then flows into a DOC#2019-0149298 Page 151 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 Traditionally Navigable Waterway (TNW), the Salton Sea, approximately 35 miles downstream of the Preserve Unit. The ephemeral washes in the study area have a surface water connection to a TNW, and therefore would be considered jurisdictional Waters of the U.S. (WUS) based on Solid Waste Agency of Northern Cook County v. USACE (SWANCC). It is likely that the USACE would consider the ephemeral washes in the study area to have a "significant nexus"with a TNW, and therefore also considered jurisdictional WUS based on Rapanos. The CDFW and Regional Water Quality Control Board would also likely take jurisdiction over the ephemeral washes in the study area as "streambeds" and Waters of the State of California, respectively. 4.4 Soils Carsitas soils dominate the Preserve Unit (Figure 2). These soils are on alluvial fans, fan aprons, valley fills, dissected remnants of alluvial fans and in drainageways. Slopes range from 0 to 30 percent. These soils formed in alluvium from granitoid and/or gneissic rocks. The climate is arid with warm, dry winters and hot, dry summers. The soils are used for watershed, wildlife habitat, and recreation. They are a source of sand and gravel for construction material. Vegetation is sparse creosote bush, burrobush, barrel cactus, mesquite, and paloverde. Where irrigation water is available, the soils are used for growing citrus and grapes. 4.5 Habitat Communtities Two habitat communities occur within the three parcels comprising the East Cathedral Cove Preserve Unit: desert dry wash and desert scrub (also referred to as Sonoran creosote bush scrub in the CVMSHCP) (Figure 3). Desert dry wash habitat is dominated by drought-deciduous, microphyllous scrub. Desert lavender (Hyptis emoryi), cheesebush (Ambrosia salsola), and catclaw (Senegalia greggii) are the dominant species, with an equal percentage of bare ground with cobbly and gravelly sand. This habitat occurs in washes,without perennial water that are subject to intermittent flooding. Desert scrub habitat is dominated by creosote bush (Larrea tridentate). This habitat occurs on the higher elevation ridge located between the west and east desert dry washes. Associated species are indigo bush (Psorothamnus schottii) and golden cholla (Opuntia echinocarpa). There is a broad spacing of shrubs throughout rocky habitat causing low species diversity during most of the year. The habitats in the Preserve Unit are relatively pristine, with little disturbance observed. No exotic, invasive plant species were observed. Several narrow footpaths/trails were observed traversing the slopes adjacent to the desert dry washes. 4.6 Species Present and Potentially Present Wildlife species observed during the habitat assessment included: Eurasian collared-dove (Streptopelia decaocto), mourning dove (Zenaida macroura), lesser nighthawk (Chordeiles acutipennis), Anna's hummingbird (Calypte anna), Costa's hummingbird (Calypte costae), Page 5 DOC#2019-0149298 Page 152 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 American kestrel (Falco sparverius), common raven (Corvus corax), verdin (Auriparus flaviceps), black-tailed gnatcatcher (Polioptila melanura), northern mockingbird (Mimus polyglottos), black-throated sparrow (Amphispiza bilineata), house finch (Haemorhous mexicanus), coyote (Canis latrans), and black-tailed jackrabbit(Lepus californicus). Other wildlife species potentially present include, but are not limited to: zebra-tailed lizard (Ca/lisaurus draconoides), desert iguana (Dipsosaurus dorsalis), side-blotched lizard (Uta stansburiana), western whiptail (Aspidoscelis tigris), sidewinder (Crotalus cerastes), turkey vulture (Cathartes aura), Cooper's hawk (Accipiter cooper!,), red-tailed hawk (Buteo jamaicensis), prairie falcon (Falco mexicanus), Gambel's quail (Call/pepla gambelii), greater roadrunner (Geococcyx californianus), Say's phoebe (Sayornis saya), rock wren (Salpinctes obsoletus), white-crowned sparrow (Zonotrichia leucophrys), desert woodrat (Neotoma lepida), kit fox (Vulpes macrotis), bobcat (Lynx rufus), mule deer (Odocoileus hemionus), and Peninsular bighorn sheep (Ovis canadensis nelson). The literature review identified 62 special-status biological resources known to occur in the East Cathedral Cove Preserve Unit vicinity (within the four USGS quadrangles surrounding the site: Cathedral City, Palm Springs, Palm View Peak, Rancho Mirage). These resources include: 3 invertebrates, 1 fish, 35 plants, 7 amphibians/reptiles, 7 birds, and 9 mammals. Table 1 provides a complete list of these special-status biological resources, their respective conservation status, and occurrence potential in the Preserve Unit vicinity. Page 6 DOC#2019-0149298 Page 153 of 212 r- 0 0) co 0- -0 C co 0 :E o. 2 0) o a) 0) Z' c = :E Zi :5 - to .... 2 c 0 a. 0 a) - ....: cn a, ...: ...: ..: ., ...: ...; -.E' . . . . . . 2 C a) 0 a) 0 0 0) 0) 0 CD 4) .-- 4) '.-- *0C 0 0 0 0 U) 0) 0) 0 0 0 CL 0 4) 2 2 2 2 2 „„C 2 e cc 2 l'o' C ._ ._ o_ O. o_ o. 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July 2014 4.6.1 Endangered and Threatened Species 4.6.1.1 Triple-ribbed Milk-Vetch Triple-ribbed milk-vetch (Astragalus tricarinatus) is listed as a federally endangered and CNPS 16.2 species. It is a perennial herb that blooms from February to May. Although the known elevations are higher than the Preserve Unit, its habitat and distribution are poorly known. It is an endemic species found in a narrow range primarily from the northwestern portion of the Coachella Valley, from the vicinity of Whitewater Canyon, the type locality, in Mission Creek Canyon across Highway 62 to Dry Morongo Wash and Big Morongo Canyon. Another location where the species has been collected is Agua Alta Canyon, a branch of Martinez Canyon in the Santa Rosa Mountains in the southern portion of the CVMSHCP Area. The preferred habitat has been characterized as sandy and gravelly soils of dry washes or on decomposed granite or gravelly soils at the base of canyon slopes. 4.6.1.2 Peninsular Bighorn Sheep The Peninsular bighorn sheep (Ovis canadensis nelson) is listed as a federally endangered and state threatened species because of habitat loss and fragmentation, disease, drought, population declines due to low recruitment, and high predation rates. Bighorn sheep have been known to use the project vicinity, and their occurrence has been mapped within the subject Preserve Unit by the Bighorn Institute (USFWS 1999). Bighorn sheep have also been found at the upper reach of East Cathedral Canyon (Criste, personal communication). Urban development and low adult survivorship are considered among the greatest threats. The sheep live in a narrow band of habitat in which they must find the resources needed to survive in a harsh desert environment. This band of habitat is at the lower elevations of the Peninsular Ranges and includes canyon bottoms, alluvial fans, and mountain slopes. Within the narrow band of habitat, bighorn sheep need to be able to move daily, seasonally, and annually to make use of the sparse and sometimes sporadically available resources found within their home ranges. The San Jacinto (Recovery Region 1) and Northern Santa Rosa (Recovery Region 2) groups have the smallest populations. These two groups are especially vulnerable. 4.6.1.3 Desert Tortoise The desert tortoise (Gopherus agassizii) is listed as a federally and state threatened species because of habitat loss and fragmentation, recreational/OHV activities, grazing, disease, fire, drought, and high predation rates. Desert tortoises use a variety of habitats, including desert alluvial fans, washes, canyon bottoms, hillsides, and other steep terrain. High diversity plant ecotones and communities, and possibly soil characteristics, are important features in determining tortoise densities. The Preserve Unit is within the historical range of the desert tortoise, but current conditions likely preclude them from being present. Past surveys (e.g., Thomas Olsen Associates 1997) did not detect desert tortoise or their sign. It is possible that desert tortoise could use the area during wet years when more favorable conditions occur. Page 14 DOC#2019-0149298 Page 161 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 4.6.2 Rare Species and Species of Special Concern 4.6.2.1 California Ayenia California ayania (Ayenia compacta) is listed as a CNPS 2B.3 species. It is a perennial herb that blooms from March to April. It prefers rocky areas in Mojavean and Sonoran desert scrub habitats. The habitats in the Preserve Unit are suitable for this species. 4.6.2.2 Red-diamond Rattlesnake The red-diamond rattlesnake (Crotalus ruber) is a California Species of Concern because of habitat loss. It is found in southwestern California, from the Morongo Valley west to the coast and south along the Peninsular ranges to mid Baja California. It inhabits arid scrub, coastal nhoporns|, oak and pine woodlands, rocky gnono|and, and cultivated areas. It ranges into rocky desert flats on the desert slopes of the mountains. 4.6.2.3 Coast Horned Lizard The coast horned lizard (Phrynosoma h6e/nmV80 is a California Species of Concern because habitat loss and fragmentation, non-native ants displacing their native ant food oounce, and exploitation for the pet trade. It was historically found in California along the Pacific coast from the Baja California border west of the deserts and the Sierra Nevada, north to the Bay /\rmo, and inland as far north as Shasta Reservoir, and south into Baja California. The Preserve Unit is near the eastern edge of its range. It inhabits open areas of sandy soil and low vegetation in voUeya, foothiUs, and semiarid mountains from sea level to 8,000 feet. Often found in lowlands along sandy washes with scattered shrubs and along dirt roads, and frequently found near ant hills. 4.6.2.4 Burrowing Owl The burrowing owl (Athene cunicularia) is a California Species of Concern because of habitat loss. Burrowing owls use a variety of natural and modified habitats for breeding, xvintoriAg, fonaginQ, and/or migration stopovers that are typically characterized by low growing vegetation. Burrowing owl habitat indudes, but is not limited to, native and non-native grassland, interstitial grassland within shrub lands, shrub lands with low density shrub uover, golf-courses, drainage ditches, earthen berms, unpaved airfields, pastureland, dairies, fallow fia|do, and agricultural use areas. Burrowing owls typically use burrows made by fossorial (adapted for burrowing or digging) mammm|o, such as California ground squirrels (Spermophilus beecheyi) or badgers (Taxidea taxus). They often utilize manmade structures, such as earthen benns, cement ou|verto, camnent, osphm|t, rock, or wood debris pi|as, or openings beneath cement or asphalt pavement. 4.6.2.5 Le Conte's Thrasher The Le Conte's thrasher (Toxostoma lecontei) is a California Species of Concern because of habitat loss. It is a desert naoidant, primarily of open desert wash, desert acrub, alkali desert scrub, and desert succulent scrub habitats. It commonly nests in a deneo, thorny shrub or Page 15 DOC#2019-0149298 Page 162 of 212 • East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 densely branched cactus in desert wash habitat, usually 2-8 feet above ground. Although dense, thorny shrubs are not prevalent in the Preserve Unit, the desert dry wash habitat is suitable for foraging and as a corridor to suitable nesting sites. 5.0 MANAGEMENT AND MONITORING Conservation of the East Cathedral Cove Preserve Unit will contribute to the local (Santa Rosa and San Jacinto Mountains Conservation Area) and regional (Anza Borrego Desert State Park, San Bernardino National Forest, Mt. San Jacinto State Park, Snow Creek/Windy Point Conservation Area) sustainability of common and special-status species dependent on habitats found within the Preserve Unit. Conserving functional, pristine lands contiguous with other conserved lands is vital to long-term sustainability. The overall goal of long-term management is to foster the long-term viability of the site's waters, covered species, and covered habitat. Routine monitoring and minor maintenance tasks are intended to assure the viability of the site in perpetuity. 5.1 Waters The objective is to monitor, conserve, and maintain the Preserve Unit's active and intact hydrological regime by limiting impacts from vehicular travel and other causes. At least one annual survey will be conducted to qualitatively monitor the general condition of these habitats. General topographic conditions, hydrology, general vegetation cover and composition, invasive species, and erosion will be noted, evaluated and mapped during a site examination in the spring. Notes to be made will include observations of species encountered, general extent of/changes to water features, and any occurrences of erosion and weed invasion. Reference sites for photographs will be established. Reference photographs will be taken of the overall area at least every five years from the beginning of the long-term management, with selected reference photos taken on the ground more frequently(annually). 5.2 Covered Species The objective is to monitor, conserve, and maintain the Preserve Unit's covered species as well as biological corridors to contiguous conserved lands. As part of the annual survey, the status and any changes to the covered species will be noted. Any necessary tasks will be identified, prioritized, and implemented as funding is available. Other tasks listed below will contribute to the conservation and persistence of these species as well as potentially enhance the Preserve Unit for other special-status species to become established. 5.2.1 Threatened/Endangered Plant Species Monitoring Although no special-status plant species have been observed on the Preserve Unit during past focused surveys, annual focused surveys shall be conducted to determine if species become established or only emerge during wet years. If special-status plant species are observed, the population status and trends will be monitored annually by conducting Page 16 DOC#2019-0149298 Page 163 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research,Inc. July 2014 population assessment surveys. The annual survey dates will be selected during the appropriate blooming pehod, depending on seasonal weather conditions. Occupied habitat will be mapped and numbered to allow repeatable data collection over subsequent survey years. Changes to occupied habibat, such as changed hydrology or vegetation composition, will be recorded. Activities that may involve vehicular travel within washes and flood control maintenance activities that could result in damage to plants and their habitat outside of the flood control channel itself will be controlled and managed. Invasive species will be identified, and actions will be implemented to reduce impacts from the invasive species. 5'2.2 Threatened/Endangered Animal Species Monitoring Peninsular bighorn sheep are currently being monitored in the Santa Rosa and San Jacinto Mountains Conservation Area through the USFWS (2000) and CVMSHCP. -[herehone, species-specific objectives and tasks for Peninsular bighorn sheep are not required for this site. 5.3 Invasive Species The objective is to monitor and maintain control over major noxious weeds and/or other strongly invasive plants or wildlife that diminish site quality. The Preserve Unit is currently relatively pristine, without noticeable invasive species (although focused surveys have not been recently conducted). The annual survey will include a qualitative assessment of potential or observed weed invasions. Additional actions to control invasive species, such as Fernova|, will be evaluated and prioritized. If invasive species are identified on or near the Preserve Unit, it is recommended that these be either hand removed or treated with herbicide. 5.4 Security, Safety, and Public Access The Preserve Unit shall have no general public access, nor any regular public or private use. Howmvmr, the site is currently accessible at certain areas by the public on foot. Since these areas may be used by special-status species, public access should continue to be discouraged through the maintenance of existing fencing and informational/educational signs. Should the City wish to allow access in the futuna, access should be limited to trails delimited in the CVMSHCP trails plan. Research and/or other educational programs or efforts will be allowed on the site as deemed appropriate. 5.4.1 Trash and Trespass The objective is to monitor sources of trash and trespass, and when necmmaory, collect and remove trash, repair vandalized mJructuraa, and rectify trespass impacts. During each site visit, occurrences of trash and/or trespass will be recorded (type, location, and management mitigation recommendations to avoid, minimize, or rectify a trash and/or trespass impact). At least once a year, trash will be collected and removed, and vandalism and trespass impacts will be repaired and rectified. A minimal amount of trash was observed during the habitat assessment, and no vandalism was observed. Page 17 DOC#2019-0149298 Page 164 of 212 East Catheral Cove PreseryUnit Biological Resources Assessment Report Terra Nova Planning and Research,Inc. July 2014 5.4.2 Fire Hazard Reduction The objective is to maintain the site as required for fire control but limiting impacts on the site's biological values. If potential wildfire fuel (e.g., dry grass) becomes established on-site, it will be reduced as needed by mowing in areas where appropriate. 5.4.3 Fences and Gates The objective is to monitor the condition of fences and gates. Fence and gate maintenance and repair frequency will be dependent on trespass and access control issues. Some fencing is currently in place on the west and north edges of the Preserve Unit. This fencing was installed as a mitigation measure for previous devalmpment, so it will be maintained in perpetuity by other entities. During each site vimit, the condition of fences and gates will be recorded (location, type, and recommendations to implement fence andlor gate repair or replacement, if necessary). 6.0 REFERENCES AMEC Environment and Infrastructure (AMEC). 2014. Jurisdictional Delineation Report for East Cathedral Canyon Wash for the Cathedral Canyon Bridge Project Over the Whitewater River. Prepared for Terra Nova Planning and Research, Inc. AMEC. 2008. Management Plan For Martinez Canymn, Red Conyon, East Cathedral Cove, And West Cathedral Cove Preserve Units. Prepared for Desert Cove Golf Resort, LLC. California Department of Fish and Wildlife (CDFW). 2014. California Natural Diversity Data Base (CNDDB), RareFind, Version 3.1.0. California Native Plant Society (C|NPG). 2014. Rare Plant Program. Inventory of Rare and Endangered Plants (online edition, v8-02\ California Native Plant Socieh/, Sacramento, CA. Website http://wvvw.narep|anto.cnpm.onq Coachella Valley Multiple Species Habitat Conservation Plan. 2007. Final recirculated version, September 2007. Thomas Olsen Associates, Inc. 1997. Biological Resources Assessment for the Ritz Carlton Rancho Mirage/Cathedral City Golf Course. Prepared for Olympus Real Estate. May 1. 1S97. United States Department of Agriculture (USDA). 2014. Natural Resources Conservation Service. Web Soil Survey. Online database http:// vobooi|aurvoy.nncn.usdo.gov/npp/HomePaOa.htm. United States Fish and Wildlife Service (USFWS). 2000. Recovery Plan for Bighorn Sheep in the Peninsular Ranges, California. Page 18 DOC#2019-0149298 Page 165 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 USFWS. 1999. Biological Opinion on the Proposed Ritz Carlton Golf Course (Ref. 1-6-98-F- 42). Page 19 DOC#2019-0149298 Page 166 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 FIGURES DOC#2019-0149298 Page 167 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC#2019-0149298 Page 168 of 212 x " . f 'NAPa ��� t. 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AS V' 1.'"‘ WYE--...- 4 I, w Legend .'S . r , .4 - st - tt,- - , , *AA k . , .., ,,, Survey Area , , •, „ ,. .., , Irr' ry/ Desert dry wash 1 ,i ',.:,<:•.; ik,, -,t4 ...„), ' ..; , •. , 6 4 • le, „.(1,...,,`.••. i.0., ,* 0,11 in2ci.h5.112315040 fleel2;510 Fee • . Desert scrub - .‘, 4,- •i /••:, ' • '•-• '` . • -- Date:6/13/2014 L.: - .!•' z , -1- ',4 ' -''''' FIGURE Snactiveprojects‘Desert Cove Mitigation 322520059Vnapslmatt Vegetation Map ame .. East Cathedral Cove Preserve Unit 3 w-. DOC#2019-0149298 Page 170 of 212 East Cathedral Cove Preserve Unit Biological Resources Assessment Report Terra Nova Planning and Research, Inc. July 2014 APPENDIX 1 SITE PHOTOGRAPHS DOC#2019-0149298 Page 171 of 212 at r 4 1 I _ ° ' ��"t .tr - low .• sf r t �.K'� 4 L ' . .� J d, k R y e ito'4 tar ,, I 4i r- ..t.,:" :. 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S rk', ' 0 62.5125 250 Feet 0 Photo Point :R t ', 1 inch=300 feet \iRVS-FS1\RVShare\active proiects\Desert Cove Mitigation 322520059\maps\matt Date:6/13/2014 Photographic Location Map Appendix ame ....1.4 its East Cathedral Cove Preserve Unit 1 DOC#2019-0149298 Page 172 of 212 East Cathedral Cove Preserve Unit ll Biological Resources Assessment Report arae Terra Nova Planning and Research June 2014 - mac `" HI �`��7r k ti s 4 .',..?",4 � a. • " r t, 'dr' / i 'ma x. �" #� . -u }¢ g sy £ L. *%, 1 �J ter. s i �.^r.„ �:�- x.' o`,wa ,-q',,-;44-.1.' 4 1.=4'f yzli r i _a. t uA +,.,' 4.firs .e-' - :/w- '. •`.'".. �•' } { a 7 ,, ^„ s -.. = w 9e } Photograph 1. Photo Point 1: looking north. 1 "'r'a i�.. . , .te-Tc-•�. s-' t-- -. ,•�7 *� �V :, rpt <+ L., / t + • rT • a - . __...c -4.:'.. k ~ ' '3 .`... -"�.xVw4=`.4,.. •' . ,-- . ai `..b. . . --.:,•., -',..:....-.. . .:, . � X '4�a` r � ^ V i i + s,, hr.y . fn ., + ifs & a� ms ' . t ' , 4 } a j — �Cj _ '� t � . , 1•a' •t" d "' i_ _ _ ., •^�' i'' s--0',` telt —.....--.":-__C—........... _.._ ._., __.ia _ Photograph 2. Photo Point 2: looking north. DOC#2019-0149298 Page 173 of 212 East Cathedral Cove Preserve Unit � �� Biological Resources Assessment Report Terra Nova Planning and Research June 2014 ;p: :41/4 ,, `, « ". rt� t r '.i, _ V� Ss '^'V -pi +''xi""--F�'`• '•- ) ' ma• y' , '* • +w " a 's c4.: rc' Q _ `S,'„:i �^k` . ;.,,,i(..-:,' fir,.:, 9 ,„.:L4-;*:"" „-i *to - *" }'„. tea r;,,- - ,.. ' \ , f k- / y,.�ua ''',,,,,,,,,i,,,-_,....-„: Y'cw �4. 4 f 1 x p✓ i* -� `�"✓✓..�' - • ''�..: P.*"*;` . •"'.'. 4-"' r 3• Vit.:"• -.:_k*., r t.N^' te`.`k . ft • + + -! ,� i 1., ,,4'. e'er , eF,-- • 4". d _ '_" "_' sr�' ,, 1.,s j 7_`.. , ii,e,.`C,' 1y ,---- ~�,..., „ Photograph 3. Photo Point 2: looking south. I .4; T.,,L -.. - } +: 14.V1• ', Y +t.xA14.",ew v'Jq t ''''' a li.4.7• 3 '*x ` r T 3 q.:,,:,-1, Y ... .,mac ; vim; w- 1 f 0*' e}';+� f•/ ..»�'•i'3' _....1417740i � _ _. ` .n • .;�."-.,�_.it, moi.... 4,----.4----f`� Photograph 4. Photo Point 3: looking north. DOC#2019-0149298 Page 174 of 212 East Biological CathedralResources Cove Preserve Unit � ��— Assessment Report Terra Nova Planning and Research June 2014 • 'y • .., ,_ - .. �- 7r6hyf 1 ! ' ' tra $" . :,;•✓ m ma- S} -. r • 40 t 4 '':710‘,.` -.V.:: '� - /� ,- c' 1 a. • � : . it'''', "' . • .1,..-...;.-.7'..'. 6 " ;" ,8' it / s ` y`;P"4..,,,,,,,_:.,,,,‘,.. .;.t...„767:::,. ..04',,,.. 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Photo Point 5: looking southeast. -_ 10 ''-x-- .. -" i .4,.- ,,...„.,..,----,-,-....„....,1_.,.i„. �i. �`.a+zy°�'["y4 t � 4:i:ix�" 4T ..� �R . :r'B..A s x. ,',,...-e•'7..---,,,,...,` �t-'� {-� r. ,, v x. of" 'fir ,..;yr _ ar ..'fir e.", ) " t:;• q.rb w ', .' , ' 4:4",' ,,,f `«� .= \l 1 if:,d r,'* x' "*`- 3-r -' r'`':-. e.:,1: t I --4``- .y r;-. •', '-s `�.s•. `, `4r•"i%>�•e.'+,.', r a - - r" -� `.ff. =.t "'�' c/`§ , .#. v't „-s �: ,. t. � ;*'...,e4 1. s *� -.,„,,` '1* +':.fi 5� Photograph 8. Photo Point 6s: looking south. DOC#2019-0149298 Page 176 of 212 East Cathedral Cove Preserve Unit ameced) Biological Resources Assessment Report Terra Nova Planning and Research June 2014 I I P I k. .., _ ��j{. . t Y' ^. 7; .:.`+ ' d ' . • r• # =yam ...-. 1.`• fi.`' -.„ , • ' -8'. a � .. '^ " Jr''Js .d vW r�k. .,��++ , $4 �e y .: ^art � .� y�1-t- rikrikZt.,„...,... rs,,,kir, '''''79' Photograph 9. Photo Point 7: looking north. ti 1_a'_ir.-.f -.-.1t-;.-0- 'Y- • -53;1:, k1y't:], ,yam ,}. , Af�-- .ems' ' ,Y. •A,'+ -4-. ri` ` .. '� i'S v y47'. ` :hy,,,• .' „1•cY+a7f',--3-, 4<.! �y-.,. •� s r.- ",,.. k.. t } �.r �. • j,., "�,4 ter ,4` ''ort',.. .ma ?" ,,ii r' s�F.` , "•,- .i . ": .! • o s r 2{ 'e '.JAM a t'y " iM' t � fF! - -:,1.4:---4,:.„4-'1*--:, M , t . 'Y f - T K **,,Jog, LS; .4-,--1'.--' ` . . -_,_,A.— _ .. • .s pk. i +a` r,. .r4�1 k.•- X sw , , • llwd_"� •k `° .a . p .•a :t ay/ r' — { . rr 44 s. - r., ..a` — ! t.. t . ,,, 1#Y } _.,,'." sC 4 4 44;40 '9 z fi ,.✓�_:^ —may_ 9"�~ • f�� � _ Photograph 10. Photo Point 7: looking south. DOC#2019-0149298 Page 177 of 212 East Cathedral Cove Preserve Unit amen Biological Resources Assessment Report Terra Nova Planning and Research June 2014 • f r -.---1-00--g,,--,-- '': . ,. .-Te.,�. - .„,�,�M�;^ �� �t��-tea, '.L::. , ''+� yfc w } f;+FIm,t- . des 1+'-- '* R]4'si a {,. , - ,+.0 -� i•1 ,��. fF'F �t{ {�� .A'' ti s 't 1�-s� r �t4st,,,;.- 4,F '--*.,...'6„‘ .mss Z -.4. .� 1, , {{ F � 11+.H `.RPS - 'ti. �� f Z-.� _ S - ,x,r3.. _..--......--...:-..:::,-,:,.....,-..:1.--: � rte..'`` ��_ iia *ZJr 'a 1 �• *-/1�.7g ti '� :s....-_ 740::; 7."4P*'"...:44..--:- • 1.:' .. d. ! 7 ti �`I • 'mo Photograph 11. Photo Point 8: looking north. 4. a. - .„ ' r1 w.t y .f - . `! -- �+...s� , ..Zxy Ns • < e` ., 4 r' .' F - i"Rx. -46....,,,K-',,‹v- -v LS . ! •. ` �Y',. .' ` L '4ei- is : . y a ,l �,,, jw� .s-. ' . ,,40" - { :54:-z l . ...mow 'it. t.,„.. . 4?'.ba-/":*-. ',.' s+. toi - "` r,,�.za 5",w. ..,: Z- .�r # ''-'",,' ." . . r .. x „i.',. -. .rfir \ 4 `�. 'S'. ,A F+ � -,....44V,„: `!':y!�.. „ r jN.W"a 7_ S K"I' ��n ' 'm'h',!1��° 'ffi ' ,y,. , ..i cam' l..+-r, 1 a > 3„- i•.' :.V J,.. ,,, r , k = - - . n '' _ .../...,cam: _ .4-,,,, i i\' . l�� moi• - -,- I.x-.lo , a .. • . ' • . '' i' .� .? - k;/yw.fV;.. .'a..: .,?• 'i s .. xr4• 1 �4 ›- . .. e +�' "ai t^ " k +Fx, 4-- -11,,- r� • _ " r} 1 V•: ate. _ .--"'ie ! t ,("': • Y . c-.. ▪ %zf r y a -l — '. /2 i� .-y — - Photograph 12. Photo Point 8: looking southwest. DOC #2019-0149298 Page 178 of 212 TN/City of Cathedral City/February 6,2016 Cathedral Canyon Bridge 404(b)(1)LTMP Long-Term Management Plan For The Cathedral Canyon Drive Low Water Crossing Replacement (New Bridge) at the Whitewater River Project City of Cathedral City Riverside County, California APPENDIX C JURISDICTIONAL DELINEATION REPORT -EAST CATHEDRAL CANYON WASH CATHEDRAL CITY RIVERSIDE COUNTY, CALIFORNIA FOR THE CATHEDRAL CANYON BRIDGE PROJECT OVER THE WHITEWATER RIVER AMEC ENVIRONMENT & INFRASTRUCTURE,INC. JUNE 2014 DOC#2019-0149298 Page 179 of 212 fik eme JURISDICTIONAL DELINEATION REPORT EAST CATHEDRAL CANYON WASH CATHEDRAL CITY RIVERSIDE COUNTY, CALIFORNIA FOR THE CATHEDRAL CANYON BRIDGE PROJECT OVER THE WHITEWATER RIVER Prepared for: Terra Nova Planning and Research, Inc. 42635 Melanie Place, Suite 101 Palm Desert, CA 92211 Office: (760) 341-4800 Fax: (760) 341-4455 Contact: John Criste Prepared by: AMEC Environment& Infrastructure, Inc. 3120 Chicago Avenue, Suite 110 Riverside, California 92507 Principal Investigator: Scot Chandler June 2014 AMEC Project No. 322520059 DOC #2019-0149298 Page 180 of 212 amed9 DOC#2019-0149298 Page 181 of 212 Jurisdictional Delineation Report diw East Cathedral CanWash Cathedral City, Riverside County, Californiaame AMEC Project No.322520059 June 2014 TABLE OF CONTENTS PAGE ACRONYMS AND ABBREVIATIONS ||| 1.0 INTRODUCTION 1-1 1.1 Project Description 1-1 1.2 Project Location 1-1 2.0 ENVIRONMENTAL SETTING 2-1 2.1 Existing Conditions 2-1 2.2 Hydrology 2-1 2.3 Vegetation 2-1 2.4 Soils 2-1 2.5 National Wetlands Inventory 2-2 3.0 REGULATORY FRAMEWORK 3-1 3.1 U.S. Army Corps of Engineers 3-1 8.1.1 Waters of the U.S. .—...—..... ..... ...... ..... ...... ..... .................. 3-1 3.1.2 Wetlands and Other Special Aquatic Sites 3-2 3.1.3 Supreme Court O8oiaions..—....—...—..... ..... .................. ...........-3-2 3.2 Regional Water Quality Control Board 3-3 3.3 California Department of Fish and VVi|d|ife.,....... .................. ...... ..... ..... 3-8 4.0 METHODS 4-1 5.0 RESULTS............ ................... ..... ..... .................. ..........................................—5-3 5.1 Jurisdictional Determination 5-3 6.0 REFERENCES 6-1 LIST OF FIGURES Figure 1. Regional Location Map 1-3 Figure 2. Topographic Map 1-5 Figure 3. Soils Map 2-3 Figure 4. Jurisdictional Delineation Map 5-5 DOC#2019-0149298 Page 182 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash Cathedral City, Riverside County,California AMEC Project No.322520059 June 2014 TABLE OF CONTENTS (Cont.) LIST OF APPENDICES APPENDIX A SITE PHOTOGRAPHS Page ii DOC#2019-0149298 Page 183 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash Cathedral City, Riverside CountCalifornia AMEC Project No.322520059 June 2014 ACRONYMS AND ABBREVIATIONS AMEC ,AK4EC Environment&Infrastructure, Inc. AMSL above mean sea level CEQA California Environmental Quality Act CdE Carsitas gravelly sand [:DFVV ,California Department of Fish and Wildlife ChC Carsitas cobbly sand CVMSHCP Coachella Valley Multiple Species Habitat Conservation Plan CNA Clean Water Act ECCW ,East Cathedral Canyon Wash FAC Facultative FACU facultative upland FACW facultative wetland GIS Geographic Information System NEPA National Environmental Policy Ac NL not listed NWI National Wetlands Inventory OBL Obligate OHWM ordinary high water mark PBS peninsular bighorn sheep Rapanos Rapanoov. U.8. and OorabeUuU.S. RPW relatively permanent waterway RO Rock outcrop RWQCB Regional Water Quality Control Board SWANCC Solid Waste Agency of Northern Cook County v. USAGE Terra Nova Terra Nova Planning and Research TNW traditionally navigable waterway UPL Upland USACE U.S.Army Corps of Engineers United States Department ofAghnu|ture' Natural Resources CnnoenxaUon USDA Service USFWS United States Fish and Wildlife Service Page iii DOC #2019-0149298 Page 184cf 212 Jurisdictional Delineation Report East Cathedral Canyon Wash Cathedral City, Riverside County, Californiaame • AMEC Project No.322520059 June 2014 USGS U.S. Geological Survey WSC Waters of the State of California WUS Waters of the United States • DOC#2019-0149298 Page 185 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash C�hode|Q<y. RivemKideCoun� Ca|Khmia ame0 AMEC Project No.322520059 June 2014 1.0 INTRODUCTION AMEC Environment & infrastructure, Inc. (AMEC) was retained by Terra Nova Planning and Research (Terra Nova) to conduct a delineation of jurisdictional waters within the upper reaches of the East Cathedral Canyon Wash (ECCW), in Cathedral City, Riverside Countv, California. This is in conjunction with an update to the previous Desert Cove Management Plan (P|an), a planning document concerning the proposed goals and management of the Desert Cove Habitat Preserve /Pnamerve\, which includes ECCW within one of the Preserve Units. The Desert Cove golf course project for which 1ho earlier plan was prepared has since been abandoned. The subject delineation is part of an evaluation of lands to be dedicated to conservation as compensatory mitigation for impacts to the Whitewater River associated with the construction of the Cathedral Canyon Bridge. This report presents regulatory fnsrnevvurk, rnathndm, and results of a delineation of jurisdictional vvatere, vvet|ands, and associated riparian habitat within the project area' The purpose of the delineation is to determine the extent of state and federal jurisdiction within the project area potentially subject to regulation by the U.R. Army Corps of Engineers (USAGE) under Section 404 of the Clean Water Act (CWA), Regional Water Quality Control Board (RWQCB) under Section 401 of the CWA and Porter Cologne Water Quality Control Act, and California Department of Fish and Wildlife (CDFW) under Section 1602 of the California Fish and Game Code. 1.1 Project Description The project includes a delineation of jurisdictional waters for 39.7 acres located in ECCW and a tributary to ECCVV, including three parcels (Figure 1). Some of these have previously been offered as mitigation property as part of the Preserve. The 252.7 acre Preserve was planned as a mitigation measure for the development of a proposed 18-ho|m golf course, driving range and associated facilities by Desert Cove Golf Resod, Limited Liability Company. The proposed, approximately 227-acre development was located near and within the City of Cathedral City, Riverside County, California. The Preserve was to be established in response to several factors, including loss of desert dry wash woodland and desert scrub habitat, loss of peninsular bighorn sheep (Ovis Canadensis nelson; PBS) habitat and permanent loss of jurisdictional waters of the United States. 1.2 Project Location The subject study area consists of approximately 39.7 acres of undeveloped property owned by the City of Cathedral City and within the jurisdictional limits of Cathedral City (Figure 1). The property lies approximately 1.5 miles south of the city cen&er, near the eastern terminus of Foothill Road. Geographic coordinates near the approximate center of the study area are 33.758482 degrees north latitude and 116.475585 degrees west |ongitude, and includes portions of Sections 4 and 9, Township 5 Gmuth, Range 5 East on the Cathedral City 7.5 minute the United States Geological Survey (USGS) quadrangle (Figure 2). County DOC#2019-0149298 Page 186 of 212 urisdictional Del East Cathedral Canyon Wash Cam�mno|o� mv m|$o�mn\�camum� amed54 AMEC Project No.322520059 June 2014 Assessor's Parcel Numbers 880-310-010. 686-310-011. and 680-310-014 comprise the study area. DOC#2019-0149298 Page 187 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC #2019-0149298 Page 188 of 212 Jurisdictional Delineation Report ak_ East Cathedral Canyon Wash gli Cathedral City, Riverside County, California ame AMECProject No,322520O59 June 2014 This page intentionally left blank Page 1-4 DOC#2019-0149298 Page 189 of 212 This page of the Conservation Easement granted by the City of Cathedral City in favor of the Coachella Valley Conservation Commission was intentionally omitted because it contains color photographs/diagrams not appropriate for recordation. For a complete copy of this exhibit, please contact the offices of either the City of Cathedral City or the Coachella Valley Conservation Commission. DOC #2019-0149298 Page 190 of 212 Jurisdictional Delineation Report East Cathedral Canyon VVoeh TS Cathedral City, Riverside County, California AMEC Project No.322520059 June 2014 This page intentionally left blank Page 1-6 DOC#2019-0149298 Page 191 of 212 Jurisdictional Delineationtion Remi East Cathedral Canyon Wash ame Cathedral City, Riverside County, California AMEC Project No.322520059 June 2014 2.0 ENVIRONMENTAL SETTING 2.1 Existing Conditions The study area is undeveloped with no existing structures, but has a network of recreational and wildlife trails. Surrounding land use includes a single-family subdivision to the north, and undeveloped land to the east, west and south. Elevations within the study area range from approximately 620 feet above mean sea level (AMSL) to 840 feet AMSL, with the higher elevations to the south. The terrain consists of a low ridge separating two wash systems that descend to, and join,just beyond the north side of the study area. 2.2 Hydrology The average precipitation for the area is 5.74 inches per year, based upon weather data from the Palm Springs Regional Airport, which lies approximately 5 miles northwest of the site (National Oceanographic and Atmospheric Administration, 2014). The site lies within the Salton Sea Watershed (Hydrologic Unit Code 18100200). Runoff from the site generally flows north into a drainage channel that backs the subdivision immediately to the north of the site. This mostly linear channel then flows generally northeast for approximately 1.8 miles before flowing into the Whitewater River, which ultimately flows into the Salton Sea. 2.3 Vegetation Upland areas of the site are dominated by creosote bush (Larrea tridentata), golden cholla (Cylindropuntia echinocarpa) and Mojave indigobush (Psorothamnus arborescens). The washes and streambeds were dominated by catclaw (Senegalia [Acacia] greggii) and cheesebush (Ambrosia [Hymenoclea] salsola); desert lavender (Hyptis emoryr) and jojoba (Simmondsia chinensis) were also present in the washes. Vegetation nomenclature follows The Jepson Manual, Vascular Plants of California, 2nd Edition (Baldwin et al., 2012). When the Jepson Manual does not list a common name, common name nomenclature follows the United States Department of Agriculture, Natural Resources Conservation Service (USDA) Plants Database(USDA, 2014). 2.4 Soils The USDA online Web Soil Survey (Riverside County, Coachella Valley Area, California) (Soil Survey Staff, 2014) was consulted to determine the soil types mapped as occurring within the study area. Uplands are characterized as rock outcrops (RO), in this case mostly granite. Most of the study area is on the lower benches and wash bottoms. Soils within the study area are well-drained alluvium derived mainly from granitic materials. Page 2-1 DOC#2019-0149298 Page 192 of 212 Jurisdictional Delineation ReportIke East Cathedral Canyon Wash ame Cathedral City, Riverside County,California AMEC Project No.322520059 June 2014 Beyond the upland RO, the study area contains two related soil series(Figure 3) including: • Carsitas gravelly sand (CdE) — This excessively drained soil occurs on alluvial fans with 0 to 9 percent slopes. It is composed of gravelly sands, and the parent material is composed of gravelly alluvium derived from granite. • Carsitas cobbly sand (ChC) — This excessively drained soil occurs on alluvial fans with 2 to 9 percent slopes. It is composed of cobbly sand overlying gravelly sand, and the parent material is composed of gravelly alluvium derived from granite. None of the soil types within the study area are found on the National List of Hydric Soils (USDA, 2012). 2.5 National Wetlands Inventory The United States Fish and Wildlife Service (USFWS) is the principal Federal agency that provides information to the public on the extent and status of the Nation's wetlands. The USFWS has developed a series of maps, known as the National Wetlands Inventory (NWI) to show wetlands and deepwater habitat. This geospatial information is used by Federal, State, and local agencies, academic institutions, and private industry for management, research, policy development, education, and planning activities. The NWI program was neither designed nor intended to produce legal or regulatory products; therefore, wetlands identified by the NWI program are not the same as wetlands defined by the USACE. The NWI Mapper (USFWS, 2014) was accessed online to review mapped wetlands within the project study area. No NWI wetlands were identified. The nearest NWI wetland is located approximately 1.8 miles northeast of the study area, with a significant number of artificial freshwater impoundments associated with residential or commercial development occurring at distances of 2 miles or greater to the north and east of the site. Page 2-2 DOC#2019-0149298 Page 193 of212 f g. 't- ' '''''t "- 17#+ "*lit*ItiiN'ItitAz ,4 --- - . .0.. -411coit ,-,-,-. .:"., , ' ,,,., -,- vtiol„;„ , . . , ,..., . , , f,-4,.. t ie, -,,,,..., , , 1 i.A. , . , r .* ' 'f' ' ,, ',„.., ' A° ! '44 , , ..' Aillt ' 1 „!.7 Ilk >*a „ t I ' - • .4t.17-t-: .' .,,,,,, ,,s. , ; ' 1 r ' t , ) ,,,, 4 4 , , , , . _.- • ,. P , , . ' . ''''' ,,,,4 1, / ' , ,, ,,,,if .,*--,,, , 4,,, .1 .., , 4,,4 , * ' 11 „, .* ' ' , ' - * '. 1 0"- 1.. ''- ! ,,, , ..;•-:,:,,;410,,,,re';', *,), ' i 1 kt,.. r-v,-„ • i * ; *1 .,4z ,.„ 1'4. 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Legend Area 0%SLOPES , 41 it ' ' 1* SurveY cn 01 62.51251111 „4. se4r ' * 300 feet il S 2-9%SLOPE h= —."-'0,..,,ti 1 inc 014 3 COBBLY SAND, kf,41.7.* .;., Date:6/12/2 .4 CdE:CARSITAS GRAVELLY SAND,9-3 ,,.. 8 FTGUR-F -,- ChC:CARSITAS RO: ROCK OUTCROP1 i 12510 Fee 3 Soils Map \\Rvs-Fal\RVShareNadive projects\Desert Cove Mitigation 322520059\meas As,i4, ameis Desert Cove Mitigation Project DOC #2019-0149298 Page 194 of 212 Jurisdictional Delineation Report isi EastVV CathedralCunyonooh �� Cathedral City, Riverside County, California ��Nffl�m� AMEC Project No.322520059 June 2014 This page intentionally left blank Page 2-4 DOC#2019-0149298 Page 195 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash Cathedral City, Riverside County,California ame AMEC Project No.322520059 June 2014 3.0 REGULATORY FRAMEWORK 3.1 U.S. Army Corps of Engineers The USAGE regulates the discharge of dredged or fill material in waters of the United States (WUS) pursuant to Section 404 of the CWA. 3.1.1 Waters of the U.S. CWA regulations(33 CFR 328.3(a))define WUS as follows: 1. All waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide; 2. All interstate waters including interstate wetlands; 3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate or foreign commerce including any such waters: (i) Which are or could be used by interstate or foreign travelers for recreational or other purposes; or (ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or (iii) Which are used or could be used for industrial purpose by industries in interstate commerce; 4. All impoundments of waters otherwise defined as WUS under the definition; 5. Tributaries of WUS; 6. The territorial seas; 7. Wetlands adjacent to WUS (other than waters that are themselves wetlands). The USACE delineates non-wetland waters in the Arid West Region by identifying the ordinary high water mark (OHWM) in ephemeral and intermittent channels (USACE, 2008a). The OHWM is defined in 33 CFR 328.3(e)as: "...that line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impresses on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas." Identification of OHWM involves assessments of stream geomorphology and vegetation response to the dominant stream discharge. Determining whether any non-wetland water is a jurisdictional WUS involves further assessment in accordance with the regulations, case law, and clarifying guidance as discussed below. Page 3-1 DOC#2019-0149298 Page 196 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash ame Cathedral City, Riverside County,California AMEC Project No.322520059 June 2014 3.1.2 Wetlands and Other Special Aquatic Sites Wetlands are defined at 33 CFR 328.3(b) as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." Special aquatic sites are geographic areas, large or small, possessing special ecological characteristics of productivity, habitat, wildlife protection, or other important and easily disrupted ecological values. These areas are generally recognized as significantly influencing or positively contributing to the general overall environmental health or vitality of the entire ecosystem of a region. Special aquatic sites include sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs, and riffle and pool complexes. They are defined in 40 CFR 230 Subpart E. 3.1.3 Supreme Court Decisions 3.1.3.1 Solid Waste Agency of Northern Cook County On January 9, 2001, the Supreme Court of the United States issued a decision on Solid Waste Agency of Northern Cook County v. USACE, et al. (SWANCC) with respect to whether the USACE could assert jurisdiction over isolated waters. The ruling stated that the USACE does not have jurisdiction over"non-navigable, isolated, intrastate"waters. 3.1.3.2 Rapanos/Carabell In the Supreme Court cases of Rapanos v. United States and Carabell v. United States (herein referred to as Rapanos), the court attempted to clarify the extent of USACE jurisdiction under the CWA. The nine Supreme Court justices issued five separate opinions (one plurality opinion, two concurring opinions, and two dissenting opinions) with no single opinion commanding a majority of the Court. In light of the Rapanos decision, the USAGE will assert jurisdiction over a traditional navigable waterway (TNW), wetlands adjacent to TNWs, non-navigable tributaries of TNWs that are a relatively permanent waterway (RPW) where the tributaries typically flow year-round or have continuous flow at least seasonally (e.g., typically three months) and wetlands that directly abut such tributaries. The USAGE will decide jurisdiction over the following waters based on a fact-specific analysis to determine whether they have a "significant nexus" with a TNW: non-navigable tributaries that are not RPWs, wetlands adjacent to non-navigable tributaries that are not RPWs, and wetlands adjacent to but that do not directly abut a non-navigable RPW. A significant nexus determination includes an assessment of flow characteristics and functions of the tributary itself and the functions performed by all wetlands adjacent to the tributary. This assessment is to indicate whether they significantly affect the chemical, physical and biological integrity of downstream TNWs. Analysis of potentially jurisdictional Page 3-2 DOC#2019-0149298 Page 197 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash ame Cathedral City, Riverside County,California AMEC Project No.322520059 June 2014 streams includes consideration of hydrologic and ecologic factors. The consideration of hydrological factors includes volume, duration, and frequency of flow, proximity to traditional navigable waters, size of watershed, average annual rainfall, and average annual winter snow pack. The consideration of ecological factors also includes the ability for tributaries to carry pollutants and flood waters to a TNW,the ability of a tributary to provide aquatic habitat that supports a TNW, the ability of wetlands to trap and filter pollutants or store flood waters, and maintenance of water quality. 3.2 Regional Water Quality Control Board The RWQCB regulates activities pursuant to Section 401(a)(1) of the CWA. Section 401 of the CWA specifies that certification from the State is required for any applicant requesting a federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities that may result in any discharge into navigable waters. Through the Porter Cologne Water Quality Control Act, the RWQCB asserts jurisdiction over Waters of the State of California (WSC) which is generally the same as WUS, but may also include isolated waterbodies. The Porter Cologne Act defines WSC as "surface water or ground water, including saline waters, within the boundaries of the state". 3.3 California Department of Fish and Wildlife The State of California regulates water resources under Section 1600-1616 of the California Fish and Game Code. Section 1602 states: "An entity may not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake." In practice,the CDFW generally interprets their jurisdictional limits to include the following: 1. At minimum, intermittent and seasonal flow through a bed or channel with banks and that also supports fish or other aquatic life. 2. A watercourse having a surface or subsurface flow regime that supports or that has supported riparian vegetation. 3. Hydrogeomorphically distinct top-of-embankment to top-of-embankment limits. 4. Outer ground cover and canopy extents of typically riparian associated vegetation species that would be sustained by surface and/or subsurface waters of the watercourse. Page 3-3 DOC #2019-0149298 Page 198 of 212 Jurisdictional Delineation Report 0k~ East Cathedral Canyon Wash C��hedna|City, Riverside County, Co|ihumia aiie AMEC Project No.322520059 June 2014 This page intentionally left blank DOC#2019-0149298 Page 199 of 212 Jurisdictional Delineation Report WN ' East Cathedral CanyoWash Cathedral City, RiversideCounty,Californiaame AMEC Project No.322520059 June 2014 4.0 METHODS Prior to conducting delineation fim|dvwork, the following literature and materials were reviewed: • Aerial photographs of the project site at a scale of 1:4800 with 5-foot elevation contours to determine the potential locations of USACE. RWQCB, and CDFW jurisdictional waters or wetlands; • USGS topographic map (Figure 2) to determine the presence of any "blue line" drainages or other mapped water features; • USFWS NWI maps to identify areas mapped as wetland features; and • USDA soil mapping data (Figure 3). Field surveys of the study area were conducted by AMEC biologist Scot Chandler on 2 June 2014. Surveys consisted of walking the entire study area and identifying potentially jurisdictional water features. Visual observations of vegetation types and changes in hydrology were used to locate areas for evaluation. Weather conditions during delineation fieldwork were conducive for surveying with clear and sunny skies. USAGE regulated VVUS, including wetlands, and RWQCB WSC were delineated according to the methods outlined in A Field Guide to the Identification of the Ordinary Hiqh Water Mark (OHWM) in the Arid West Reqimn of the Western United States (USACE, 2008a). The extent of WUS was determined based on indicators of an OFIWM. The OHWM width was measured at points wherever clear changes in width occurred. Federally regulated wetlands were identified based on the Wetlands Delineation Manual (USACE, 1987) and Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (USACE, 2008b). Additional data was recorded to determine if an area fulfilled the wetland criteria parameters. Three criteria must be fulfilled in order to classify an area as a wetland under the jurisdiction of the USACE: 1) a predominance of hydrophytic vegetation, 2) the presence of hydric soils, and 3)the presence of wetland hydrology. Details of these criteria are described below: • Hydrophytic Vegetation. The hydrophytic vegetation criterion is satisfied at a location if greater than 80Y6 of all the dominant species present within the vegetation unit have a wetland indicator status of obligate (OBL), facultative wetland (FACW), or facultative (FAC) (USACE, 2008b). An OBL indicator status refers to plants that almost always occur in wetlands. A FACW indicator status refers to plants that usually occur in vvet|ands, but may occur in non-wetlands. A FAC indicator status refers to plants that occur in wetlands and non-wetlands. Other wetland indicator statuses include facultative upland (FACU) which refers to plants that usually occur in nmn- met|ande, but may occur in wetlands, upland (UPL) for species that almost never occur in wetlands, and NL for plants that are not listed on the National Wetland Plant Page 4-1 DOC#2019-0149298 Page 200 of 212 Jurisdictional Delineation Report I East Cathedral Canyon Wash ame Cathedral City, Riverside County,California AMEC Project No.322520059 June 2014 List. The wetland indicator status used for this report follows the 2013 National Wetland Plant List(Arid West Region)(Lichvar, 2013). • Hydric Soils. The hydric soil criterion is satisfied at a location if soils in the area can be inferred or observed to have a high groundwater table, if there is evidence of prolonged soil saturation, or if there are any indicators suggesting a long-term reducing environment in the upper part of the soil profile. Reducing conditions are most easily assessed using soil color. Soil colors were evaluated using the Munsell Soil Color Charts (Gretag/Macbeth, 2000). • Wetland Hydrology. The wetland hydrology criterion is satisfied at a location based upon conclusions inferred from field observations that indicate an area has a high probability of being inundated or saturated (flooded, ponded, or tidally influenced) long enough during the growing season to develop anaerobic conditions in the surface soil environment, especially the root zone (USACE, 1987 and 2008b). All washes identified were typical of dryland fluvial systems with unvegetated, sand bottom channels. No potential wetlands were identified based on soil (dry, coarse sands) and vegetation (upland desert vegetation) characteristics, so no wetland data sheets were collected. Evaluation of CDFW jurisdiction followed guidance in the Fish and Game Code and A Field Guide to Lake and Streambed Alteration Agreements (California Department of Fish and Game. 1994). Specifically, CDFW jurisdiction was delineated by measuring the outer width and length boundaries of on-site streambeds which consisted of either the top of bank measurement(bankfull width)or the extent of associated riparian vegetation. To determine jurisdictional boundaries, the surveyor walked the length of the drainage within the study area and recorded the boundary with a Trimble GeoXH global positioning system. The boundary of the jurisdictional area was determined by the OHWM and bankfull width measurements at locations where transitions were apparent. Other data recorded included bank height and morphology, substrate type, and all vegetation within the streambed. Upon completion of fieldwork, all data collected in the field were incorporated into a Geographic Information System (GIS) along with basemap data. The GIS was then used to quantify the extent of jurisdictional waters. Upstream and downstream connectivity of waterways was reviewed in the field and on aerial photographs and topographic maps to determine jurisdictional status according to the CWA, SWANCC, and Rapanos. Ephemeral washes with a physical connection to the Salton Sea were determined to be potential WUS as well as WSC and CDFW streambeds. Page 4-2 DOC#2019-0149298 Page 201 of 212 Jurisdictional Delineation Report I East Cathedral Canyon Wash ame Cathedral City, Riverside County,California AMEC Project No.322520059 June 2014 5.0 RESULTS The Delineation Map (Figure 4) identifies all on-site jurisdictional areas and includes the photo point locations and direction the photo was taken. The study area contains two drainage features including East Cathedral Canyon Wash and a tributary to East Cathedral Canyon Wash. These washes occur in deep canyons within the foothills of the Santa Rosa Mountains. East Cathedral Canyon Wash trends for 2,261 feet northeast through the study area and the tributary trends for 2,445 feet, also in a northeast direction. USACE jurisdiction ranged from 10 to 360 feet wide based on OHWM limits which included a break in bank slope and change in substrate. CDFW jurisdiction also ranged from 10 to 360 feet wide and was delineated based on the limits of the bankfull width. The substrate of the washes was composed of coarse sand with gravel. The total on-site WUS, WSC, and CDFW streambed was 22.6 acres; WUS, WSC, and CDFW streambeds were co- terminus. The USACE, in combination with the Environmental Protection Agency, when necessary, reserves the ultimate authority in making the final jurisdictional determination of WUS, and the RWQCB reserves the ultimate authority in making the final jurisdictional determination of WSC. Additionally, CDFW has ultimate discretion in the determination of their jurisdiction. 5.1 Jurisdictional Determination The two ephemeral desert wash systems that occur within the project study area flow to the north, separated by a ridge, and join just beyond the north side of the study area. Runoff from the site flows into a drainage channel that backs the subdivision immediately to the north of the project site. This mostly linear channel then flows northeast into the Whitewater River,which ultimately flows into the Salton Sea. The unnamed desert wash systems in the project area are ephemeral, flowing for less than 3 months per year, and would therefore be classified as a non-RPW by the USACE. The ephemeral washes flow approximately 1.8 miles into an RPW, the Whitewater River, which then flows into a TNW, the Salton Sea, approximately 35 miles downstream of the study area. The ephemeral washes in the study area have a surface water connection to a TNW, and therefore would be considered jurisdictional WUS based on SWANCC. It is likely that the USAGE would consider the ephemeral washes in the study area to have a "significant nexus" with a TNW, and therefore also considered jurisdictional WUS based on Rapanos. The USAGE is ultimately responsible for jurisdictional determinations, and this report has been prepared to provide the necessary information to assist the USACE with that determination. An Approved Jurisdictional Determination could be requested of the USACE to provide an analysis to determine if the ephemeral washes in the study area have a Page 5-3 DOC #2019-0149298 Page 202 of 212 Jurisdictional Delineation Report 0N�~ East Cathedral Canyon Wash Cathedral City, Riverside County, Californiaame AMEC Project No.322520059 June 2014 "significant nexus" to the Salton Sea, and are therefore jurisdictional WUS. Otherwise the project proponent can request a Preliminary Jurisdictional Determination in which the USACE assumes jurisdiction over the ephemeral vvooheo, and processes permits accordingly. The CDFW and RWQCB would also likely take jurisdiction over the ephemeral washes in the study area as"streambeds" and WSC, respectively. DOC#2019-0149298 Page 203 of 212 4. - *-4'‘1.`41.''1'i74"r'I;n1,,1,g.wi11vA.,l.* „Ap4,- -,..t;'-:". l'41-1.e.sja•-'1407''' #t0::„.. 1? 1 ;4:4'H:1:I1J6'/sl.,;1-/74/-,1117,*:*-1:.#-'1•'.4.'*,*4;‘4..1'13-4":',''1.,:'„1:-1':c.44.,*.,'''a•.-_0,,4:4,,.1v1.;..7.4.*:44....\f"A.1.".-1r A/l0;;;";10-1f7*1:.1r i,'"':,:.%?1'...7,4.t1'.2..t',':.'',.1-,*..—'',',,''--,...,._..'-r'.,,';':1.-*,4'4'"'4:'-''.,'''-.-.l;';i-'c*..,:.%rr'''*,i,.'*1/ 0-1 : . 1 -.,,,,, 1111111 "' „: di/4.41,47,`",:',. ::: ;'',*1.44,,, ,_, : ''''' ' $'-''' ' ' '`..,,,> •*.' *: ' '.: ' ,r MO ,.3:. ' ''', '!.-** -1"7, ' - ' ,..?k.rr:''':: -':///,‘" '/ *-.•67A1: *,, e'`,.' 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' ;1, -- ,.-.,.. m * re,1 : "• . % "4 ,1 ' „ #.4 /' , ,/,,,/ ' ' ' 7.' 6 /47 7.#:',4 4 * # e 7 I. ' , 71 • t'4. ** ' ' - .."' ; •''' , II" 4,0,2, / r, /... /.'"- .4 4 /',, Pi-- - - ;, g- -# ,, /,7 .,.. /i, /1 .....- /./ . . ' 40-, ., - _.."-/ ,-, -'. „ ..i- \ .._ ,, .,-, -„,,,,,,,,, .-- ,,.., .., .,„' ,/ -. .,• ..:;,./ --, ,,' -,',,,, -... .. , , ' ,:--'; ',.,- . ,, / . -. , ,... ' r Ilk ri* . ,..."' ,„ , . . ' .t. • v: „ * ',,0 , -7a / 4, ‘',#-Oi.,44.‘' , ' / '' /•41 ' .1 '''' ?''''', '';'' '', /*'*"7 I'' 1 . ..' ,,:4;-*.', ' • ‘. : * ' ../ , r, • „,. - It r , It' ,-- , ," ,, 1, .i .1.# ' ' -;. ' r''..,,4' V. ****,,/ .i,- - r '':' i(.4't: 7 ''84' '"r'. > ' :410* ,11.A.-.i 14_, .44'''.. '. -;:''''t ' ', 440 t;'*':4•*;;#4:4Z;::;.; '‘ , _t.il • 4:.*''') '# ,.1.0, ,-*.' ''* fr- A r Lit , *** r "*. a-:1 eit i 4 *.'1 - ---' ,- ,••• ti• ' „ - .t. .^. ., •• .4-St. , •., -''.. ;.•1' ..• ' . ,•,. . *. k•-_ !•gt. /c-g • :Ati. .. °":"I.E:k. N 2 kl,rs i 1.1'1 *44. 0 r"1` •,. . ,,,,,N, . , W 1 E ;10 Legend - ,...- t ..i.,. Survey Area i ,7tf,ti....:0,,, ::04-,:,,, :... 011 i6lo1 inch 1.10240300 feet Feet A Photo Point 7 A Waters of the US,State&CDFW Streambed ' ; • 1.„,7 ' . •4 ,:,*. • Date:6/13/2014 L 4-. -4,-'' - , FICrT IRE ARVS-FS1\RVShare\active promote\Desert Cove Mitigation 322520059Vnaps Delineation Map ame 0, ,,,, Desert Cove Mitigation Project 4 DOC #2019-0149298 Page 204 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash Cathedral City, RivmmidaCounty, Ca|ihomia ame0 AMEC Project No.322520059 June 2014 This page intentionally left blank DOC#2019-0149298 Page 205 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash Cathedral City, Riverside County, California ame AMEC Project No.322520059 June 2014 6.0 REFERENCES Baldwin, B.G., D.L. Goldman, D.J. Keil, R.W. Patterson, T.J. Rosattti, and D.H. Wilken, eds. 2012. The Jepson Manual, Vascular Plants of California, 2nd Edition. University of California Press. Berkeley, California. California Department of Fish and Game. 1994. A field Guide to Lake and Streambed Alteration Agreements. Environmental Services Division. January. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. U.S. Department of the Interior. Gretag/Macbeth. 2000. Munsell color. New Windsor, NY. Lichvar, R.W. 2013. The National Wetland Plant List: 2013 wetland ratings. Phytoneuron 2013-49: 1-241. National Oceanographic and Atmospheric Administration. 2014. National Climatic Center, Data Tools: 1981-2010 Normals for Palm Springs Regional Airport, California. Available online at http://www.ncdc.noaa.gov/cdo-web/datatools/normals. Accessed 12 June 2014 U.S. Army Corps of Engineers (USACE). 1987. Wetlands Delineation Manual, Technical Report Y-8. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. 100 pp. + append. USACE. 2008a. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. A Delineation Manual. Lichvar and McColley. August. USACE. 2008b. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. September. United States Department of Agriculture, Natural Resources Conservation Service (USDA). 2014. The PLANTS Database. (http://plants.usda.clov, 10 June 2013). National Plant Data Team, Greensboro, NC 27401-4901 USA. USDA. 2012. List of Hydric Soils. Available online at: http://www.nres.usda.00v/Internet/FSE DOCUMENTS/nres142p2 050972.xlsx Soil Survey Staff. 2014. USDA Web Soil Survey. Available online at http://websoilsurvey.nres.usda.gov/.Accessed 12 June 2014. U.S. Fish and Wildlife Service (USFWS). 2014. National Wetlands Inventory Mapper. Avaialble at: http://www.fws.gov/wetlands/Data/Mapper.html. Accessed 12 June 2014. Page 6-1 DOC #2019-0149298 Page 206 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash Cathedral City, Riverside County, California AMEC Project No.3225200e9 June 2014 This page intentionally left blank DOC #2019-0149298 Page 207 of 212 Jurisdictional Delineation Report East Cathedral Canyon Wash ame Cathedral City, Riverside County, California AMEC Project No.322520059 June 2014 APPENDIX A SITE PHOTOGRAPHS DOC #2019-0149298 Page 208 of 212 Jurisdictional Delineatiun Report CathedralEast Cathedral Canyon Wash 5s City, RiversideCounty, California amec AMEC Project No.322520059 June 2014 This page intentionally left blank DOC#2019-0149298 Page 209 of 212 , .1- .. .4 : ...., '''.. ....., . ' s--,, ''.'.,:.•'.:4.'-:- ,_:‘,.:4,4, S. ... • ,., , .., .. ..,,, ,, .... -, ' - -- . . ' ... ... , - tsr..."...'-- ?..,.:,.-... - , ..":7,-,1.1-;r. - ,-,V0,:---...1-. - - ' , . ,.,, „ - • .'*'„54'"4"6.0‘.•,,g - _ '''''''..!.i*,:e'4.••• . • • - . • . ... -e .. . * • ; ; -• ' .,, . '14.-1 ''., 2 '.*'''' _ ''' '' •- .''''1:-..:., . '`,.1'4:5.7- ,nkt11. -..-- ,,.. --. -, _ .. ..'sta , .- •- • ,,.' -EC''',-',r..t. ''' :4 ' *.,z:'--- — ' * , .., , ,- . . _' ',";....;"-4;w:...:..t:14,. . ,4:;:ilt.---,..„„:11''. ' .•,`;4:,.rAii,?...Y.4.-."*—,-^•4.' 4 ....' ';';-.-:.• -43 ,,, • .i,,,„ •,..„. . . , ., - *.: ,.,.. ,—4.' ..:.'t...4-1„1114-;4,17-4;.....sk••••:-•;_i....„--,,,-, 4,k1.,,., „„, ..04, .....-..--„,,... v_ ' ,.......:, ' -!'...',4* 7: - - -''''_ • , . ---. * - •:"t '"'"• . .i',. -- ,,,..• '411.!-.#.41—t-#. .4- ---.4 i. '1.... •"*,‘`--1. - R..,.. :::,..±, - _.e, Photo 1 —View of Cathedral Canyon Wash taken from the upstream end of the study area facing downstream. -.111111111111111111111111111111111111111111111111111 • - e--: .-- ., •,...* - - .": ,,,,,__ •=2.,-....„ ... ,,. . , ._ . _ . . _, . .,... .... .... ,. -,s.,.. s, ..:,-,8 4, 0, ..-'-r- ',.1 ,,, ' ' 1 , ' -'. 4...•- '''• ,......, ;;' ' „ , ,.. ! '''' ..., , -;<,•.-'V:4 0 .',..„,:„...'''. t. S. IN,'-0'''' -4.- , 5 •-••- 1.... ,----. . -.„?.- .... . ^.....: .7.-"•% . • , .. . k v ... \ . ,‘. - e..,,..„ . '. Z 'to „ " '0.• )4,f" ' 447.:;,...'` - .. ,,,... .,, .. ' *, ' 1 *P4.-!•t_r*f -'41 - • ' e . -. 4 Photo 2—View of Cathedral Canyon Wash facing upstream. Site Photographs East Cathedral Canyon Wash DOC#2019-0149298 Page 210 of 212 ' . -- --"--- . ra.---- -, „ , ,,,,,,,•,4,'.„, ,,•0 ,',- ..•- °,..-•-"• . 4.• ::...A..%,,g;;,,le,„*. - " f I t."."4::, *-"'.''',Il ) -,,,, k "/.., \..., ,.• , '-':, I . '''--'''4:t- " -'ir: ' . • . , _, .• ,..., • ...-4,_ 1 .. :.„,,. .. .,, .. ,. ..,„. ...„.,, ,.... ...... .„.„ ... ....40.4„,.... .. ,,..r . T;0--:•__ '' '''' - - _ -'•ir' -.if - ,• .,.. ,.' ,..- "'-•*'--- ow' eat-, :. _ .,..._ — --- -... —, • : • ----... - -. . " . • _ .. . . * - . . - 1-:' :-,4:-- -.- ..3", 1 -,;. - .",7 :.,-- ..-_F • - _ •- , _ - _ : - • e--- -- -- ---. - -, -::: ---..- :..-- . 2_ • _ _ - _ _ - t., r.' . Air.:- --. •.',./,.-r-1....1-4 - • • . ....- • - -:;-" .. -: ;„ • .,..._, -'1._.:,,- zs_,_-• •. .; .7.,.". - _ _ . ,.„ -- _-*- ‘ - ..- ,.,, 5 -.._ .., - - _, _ - , - - ...r., • .., . ^ „ - ' .,..T'..,'•'-----...? - , .4''''' * --,-'2.. -5- . - - - .. . • - - Photo 3-Upstream-facing perspective of Cathedral Canyon Wash takenfrom the, downstream end of the study area. _ .--. IIIIIMIIIPP.- --...4111 .11111111.1.11.11111.1111111 ... .__ ... „,.. • . , N. — --,., - .- .. , ,, . . _ .. ---- ,-, • - _ ..N. - „ -. 4 , 4'.. -. -. ."4 ' ., ..,. •. . .1,,-4- - .-c... ...." ';:".7 4A.- .- • • ..,• - '- - ** - :...- ' • * "`"*. . V-- * 7- ' '''''' ' ."' '',',. °,1'4...-..." 1-4t---. ' -,.."',. :Ep44:, 4 .. ,--Nlii4j0, , - • _ -, * 40* *'''' 4' -;.-. 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Photo 4-View of a tributary to Cathedral Canyon Wash facing upstream taken from the too of the bank. (17)) Site Photographs amec ..:,,, East Cathedral Canyon Wash DOC#2019-0149298 Page 211 of 212 . ,;--..,,,,,,e•-:," ..,----.-- ' '....' .',,,,,:.,,.. ,—1 - r ?.:•.!---. , 1,;„ .....',. 4. .. ' . - , _ . 410 - opsIA . t vo?.1111 .. 4 :„. , -__. . -". - ," - tr...._.• •• '7:4„,,;,,.-- p.•, ' .. - ., --r,:rfoir- ....., 'e*. 1V: A '..- ,.:t' -'7.f....444- 1,.',.... ,...: _ ..r -, .. . _ . - ;#,..-,. ... - ........0-- ,---:1 _1:31ro.G.7-- '.* -- ;-S;---: :`:',."--:!K . _* -=•;* • --'-* '4 1.-"..4..„ ' " — • ..,.; _. '-'''-',.. =-'!"- *•::-.1\--• --&'.‘tv• **; '... ---- * ..,,,,.r•-<-s; r,,r...,,.. ..: ;- . -7...,: -_ .„.4,,, -. ..-.9.. ' ,-. 1i , _ - "4-s-t<tig"..,., , -.• _ , 4,-,---:,iek„,..440.-- .. *, ..4c._ ,... ....... ... ,,,,.. ..,..., - ' "I"l' ..--*,'" ' • . ,,- . ..,,.,•,,,. - ,4 - --:?4 , .. .-4-- - :n.., ' . . Aiii .•-:.---- - .... . - .-: -', -- - 0 :i., ;0‘,-..."41. ,,J...i. ;.. - --... 4,..1.,-:- -,'A-e. 9:' t:• `'..i71-'i't'llA-‘ 0 ' 1,4, .--. ' •-• -0.:(;': ',.'''1'.*1,'„lir'k-444 :.;Z. ..‘ ;i ";.4 17.. ,';'4. 14 .. lr =' 1 of•V ' -.'"' ... '', ."'":JP 7.4- .. • ..0...4 P. i,c.,.'„, ,k .it,=... . 0,7A..),.•.;'krt"'1,./4,,n,-'•',.!.4 - - r - ,:"--' -- - . .-_- ,..,4,...;,' Photo 5-View of the tributary to Cathedral Canyon Wash facing downstream near the downstream end. :-- •;; . _ . ; _ . . . - ,. ..... - . ., -,- , .. - , , -3»14----- - ., , • °: . - . ,_ - .. __.-- •,. • - - - . - . - - _ ..,....- _. - , . ._ . • • . - - ' --4----4-C.__t .7- :-;,,,,ii. 4 '‘...;„ _ 44k-' . .... . S. : S." v1.1 e".:s. .1 ,,,..'.. - ."--•:. - .4"4 e..; '-•.' : .. -1 * ' '.7',..."".'."' .7. " -": - ''.'„'' ..- . 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' ' '77..2'. 1,-,,,,- ,'-, - ..5".",.,*-_-.4-- -.•7").%----„;;',,.:' '-' ,. -,, - 40' ) ,..•-.3 , . .,--," , -. ,.. ----, •.,- - ' ''''- -4-•----,---'f,--"---;t4:::•••.;.,-f -;-..J-":4.1„-•7'--...14••,'- - • * : It..'•4. ' '' 4. '.. (.•14,,'''-'''. „. "..... -.',,,:"..,t .,,,,.,,,,,;,....4,.. ..,,...,..z- • --.6.f.,:. ;-44.7*" -....,...„ ••=,..:....,..-„,5,....E.,......-, .1 .,,,..- , _- .'7,1%.,*„...f-''' "-- "--,-'..,,iti;',-.•,..-1.7-1<-74;i•-v.t.'---1 .----i., _ -.• , . - ..•'-i: ' < ,_..1-.,. Photo 7-View of the tributary to Cathedral Canyon Wash facing upstream.2+,4*kiWilefte., . .. ,.., Ao. . ... . ......•, •• . • .,, ... -., • . ,... , .., . .. .... , .• - ,, k .,- -^' . , ,,. ' _- 4, •••'.` - :-_----. - „f ....- _ = - ::- , -' 7 ,-..- - -- - ▪ -- . ,.....--- ----. -. - --.. .4; -- . - ,.-.. .,- - . - . , -:1. --.-. -N -- .,,.... ----,- , - .- ---.474.::, ...-,:„ -,4,....vz:-....:,.., - • - - - ,•..-- •-,--6.....-,,, ..,-;...c-.%,, .I , •- .. . .. . - - , 1'. ...4 .* , 4. •, ' - 44 -- 44. • • 4" .!. '.44L- * ' t - "...,"• - '4:'',.4$..,":.';:::--7. .-...-, , !"• :•;..i3 "-7-. ' .. •-• '.•••.. flo*Isie„,,.-41•.--3? ..., • ••".•a•i -*,;-. -" '• .' ' `, ' •-7? • ---- . - *. • " - .'•. . , '-•24.•",,,„•,..... ,' ••,"" • - 43 ..,,,-".:-.7,,, ' • •:_-t'",,- -•• 7,00-7 %'•• - -7 "'!'',:-.;•":7--, -: • .., .- ,'...`,;:: •• . "• .-'..-' .:1"' Y•1114''".' •- -'': -4,-.-:- -*.p- ---,---'-: - - , - . Photo 8-Upstream-facing perspective of the tributary to Cathedral Canyon Wash near the upstream end of the study area. Site Photographs amec _ East Cathedral Canyon Wash