HomeMy WebLinkAbout03-042 CC ResolutionRESOLUTION NO. 03-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PURCHASE AND SALE AGREEMENT AND
ESCROW INSTRUCTIONS" AND AUTHORIZE THE CITY
MANGER TO RECORD A DEED RESTRICTION AS REQUIRED
BY ASSESSMENT DISTRICT (AD) 161 MULTIPLE SPECIES
SUB-AREA HABITAT CONSERVATION PLAN FOR CERTAIN
REAL PROPERTY DESCRIBED AS THE 201 ACRE
RORIPAUGH RANCH OPEN SPACE PROPERTY IN THE CITY
OF TEMECULA
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council of the City of Temecula hereby finds, determines and
declares that:
a. The City Council proposes to purchase the property described in the "Purchase
and Sale Agreement and Escrow Instructions" attached hereto as Exhibit A for open space and
habitat purposes consistent with the AD 161.
b. The City Council has duly considered all terms and conditions of the proposed
Agreement and believes that such agreement is in the best interests of the City and the health,
safety, and welfare of its residents, and in accord with the public purposes and 3rovisions of
applicable State and local law requirements.
c, The acquisition of property by itself will have no impact on the environment, as it
is simply the change in ownership of the property without a change in the physical condition of
the property.
SECTION 2. The City Council of the City of Temecula hereby approves that certain
"Purchase and Sale Agreement and Escrow Instructions" between the City Council of the City of
Temecula, Ashby USA LLC, and Butterfield Development Company and authorize the City
Manager to record a deed restriction as required by AD161 Multiple Species Sub-area Habitat
Conservation Plan. The Mayor is hereby authorized and directed to execute the Agreement on
behalf of the City of Temecula.
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PASSED, APPROVED AND ADOPTED by the City of Temecula City Council this 13th
day of May, 2003
ATTEST:
Jeff Stone, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 03-42 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 13t~ day of May, 2003, by the following vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
. Jone~'~TJs, CMC
City Clerk
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EXHIBIT A
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
R:/Resos 2003/Resos 03-42 3
PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Escrow Instructions (this "Agreement") is made and
entered into as of ,2003 (the "Effective Date"), by and between the CITY OF
TEMECULA, a general law City and a public body, corporate and politic (the "City"), and
ASHBY USA, LLC, a California Limited Liability Company and Butterfield Development Co.
Inc. (collectively the "Grantor"), with respect to the following facts:
In consideration of the terms and conditions of this Agreement and for other valuable
consideration, the receipt of which is hereby acknowledged, the City and Grantor agree as
follows:
1. Intent of the Parties.
A. Grantor is the fee owner of and desires to convey fee title to City for City to use
for purposes the City deems to be in the public interest:
1) that certain tract or parcel of land situated in the City of Temecula, County
of Riverside, State of Califomia, more particularly described on Exhibit A attached hereto and
made a part hereof, together with all and singular the rights and appurtenances pertaining to such
property, including any right, title and interest of Grantor in and to adjacent streets, rights-of-
way, or real property (collectively, the "Land");
2) the buildings, structures, fixtures and other improvements presently on the
Land or to be constructed on the Land by Grantor (collectively, the "Improvements");
3) all of Grantor's right, title and interest in and to all tangible personal
property upon the Land or within the Improvements and specifically described on Exhibit B
attached hereto and made a part hereof (collectively, the "Personal Property"); and
4) those selected provisions of Grantor's duties, rights and interest in and to
(i) all assignable contracts and agreements (collectively, the "Operating Agreements") listed and
described on Exhibit C-1 (the "Operating Agreements Schedule") attached hereto and made a
pan hereof, relating to the upkeep, repair, maintenance or operation of the Land, Improvements
or Personal Property which will extend beyond the date of the Close of Escrow (defined below),
including specifically, without limitation, all assignable equipment leases, (ii) all assignable
existing warranties and guaranties (expressed or implied) issued to Grantor in connection with
the Improvements or the Personal Property (the property described in this clause(e) being
sometimes herein referred to collectively as the "Warranties"); and (iii) those specified elements
of existing permits, approvals, licenses, plans, specification or entitlements affecting the Land, its
use or improvement in any manner, herein collectively referred to as the "Entitlements" also
listed on Exhibit C-I; all elements of the Entitlements listed on Exhibit C-2 will become the
obligation of City both as to cost and performance; all elements of the Entitlements not listed in
Exhibit C-2 will remain the obligation of the Grantor as to cost and performance. The l. amd, the
Improvements, the Personal Property, the Warranties and the Entitlements are hereinafter
sometimes referred to collectively herein as the "Property."
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a) C-1 Entitlements; Further Performances. The City and Grantor,
respectfully, shall perform the duties or secure the rights as are described on Exhibit C-3. These
performances are in addition to, or act to further explain the requirements of the Operating
Agreements, Warranties and/or Entitlements. The time for performance shall be as required by
the applicable Operating Agreement, Warranty, and/or Entitlement or as required by the terms of
this Agreement. Exhibit C-3 shall not act to alter the terms of the operating Agreement,
Warranty and/or Entitlement and in the event of conflict the operating Agreement, Warranty
and/or Entitlement shall control.
B. City desires to accept the specified elements of the Property from Seller and to
ensure Grantor retains all other elements of the Property, as described in this Agreement.
C. By this Agreement, Grantor is agreeing to grant the Property to City upon and
subject to the terms and conditions set forth herein and to retain the obligations specified in the
Property, expressly including, but not limited to the elements not listed on Exhibit C-2 and those
listed in the operating Agreement, Warranty and the Entitlements.
2. Purchase and Sale.
Subject to and in accordance with the terms and conditions in this Agreement, including all
Exhibits, hereinafter set forth, on the Close of Escrow (as herein defined), Grantor agrees to
convey to City, and City agrees to accept from Grantor, the Property.
3. opening and Closing of Escrow.
Within five (5) days after the Effective Date, an escrow (the "Escrow") shall be opened with
Orange Coast Title (the "Escrow Holder"), Attn: Mary Antinora, Escrow Officer (909-554-
6138). For the purposes of this Agreement, Opening of Escrow shall mean the date on which
Escrow Holder shall have received a fully executed copy of this Agreement fi.om City and
Grantor. The "Close of Escrow" shall be the date that a grant deed for the Property in favor of
City is recorded in the Official Records of the Riverside County Recorder's Office. The Close of
Escrow shall occur immediately after the performance of all duties and obligations under this
Agreement.
4. Purchase Price; Deposit; Escrow Account.
A. The purchase price for the Property to be paid by City is the sum of One Dollar
($1.00) (the "Purchase Price").
B. Within ten (10) days after the Effective Date hereof, City shall deliver to Escrow
Holder One Dollar ($1.00) (the "Deposit") in the form of a city warrant. On the Close of
Escrow, the Deposit shall be applied as the Purchase Price. In the event that City terminates this
Agreement on or prior to the expiration of the Due Diligence Period (as defined in Section 9), the
Deposit shall be refunded to City. Upon the expiration of the Due Diligence Period, if this
Agreement has not been terminated or deemed terminated as provided herein, the Deposit shall
become non-refundable and shall be applied toward the Purchase Price at the Close of Escrow or
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retained by Grantor if the Close of Escrow does not occur solely as the result of(i) a default by
City or (ii) City's termination of this Agreement (except in the event ora default by Grantor or
the failure of a condition of City's obligation to purchase the Property). The Deposit shall also be
refundable to the City in accordance with the terms and conditions hereof.
5. Delivery of Documents on the Close of Escrow.
A. On the Close of Escrow, Grantor covenants and agrees to cause to be delivered to
City a duly executed and acknowledged Grant Deed in the form attached as Exhibit I) attached
hereto (the "Grant Deed") conveying to City all of Grantor's interest in the Property defined in
this Agreement and further subject to the Permitted Title Exceptions (as hereinafler defined)
approved by City, as provided below.
B. On the Close of Escrow Grantor agrees to cause to be delivered to City a duly
executed Bill of Sale (as defmed below) and General Assignment (as defined below).
C. At the Close of Escrow, City shall receive the Title Policy (as defined in Section
5) issued by First American (the "Title Company") insuring in City fee simple title to the
Property, flee and clear of all liens and encumbrances other than the Permitted Title Exceptions
(as defined in Section 5).
6. Title and Title Insurance.
A. Within five (5) days afler the Effective Date, Grantor shall deliver to City a
preliminary report for the Property fi.om Title Company together with copies of all instruments
noted as exceptions therein (the "Preliminary Title Report") and the most recent ALTA Survey of
the Property as available in Grantor's possession or under Grantor's control Grantor, shall at its
own sole cost, order an ALTA Survey for the Property pursuant to the terms set forth in Section
18 below (the "Survey").
B. City shall have ten (10) business days afler the later of City's receipt of the
Preliminary Title Report and/or the Survey to disapprove any exceptions to title shown on the
Preliminary Tire Report or reflected on the Survey (collectively, "Disapproved Exceptions") and
to provide Grantor with notice of disapproval in writing describing the defect with reasonable
particularity (the "Disapproval Notice"). Any exceptions to title not disapproved by City within
such ten (10) business day period shall be deemed approved. Within five (5) days of Grantor's
receipt of a Disapproval Notice, Grantor shall notify City in writing whether Grantor intends to
remove the Disapproved Exceptions. If Grantor notifies City of an intention to eliminate the
Disapproved Exceptions, Grantor shall do so at least five (5) days prior to the Close of Escrow.
If Grantor indicates to City in writing within the time allowed that Grantor does not intend to
remove any of the Disapproved Exceptions, City, by notifying in writing Grantor within five (5)
days of Grantor's notice to City, may elect to terminate this Agreement or to take the Property
subject to the Disapproved Exceptions. In any event, Grantor covenants to pay in full, prior to
the Close of Escrow, any and all loans secured by mortgages and deeds of trust, any mechanics
liens, all special bonded assessments encumbering the Property, and any other monetary liens or
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exceptions (other than current real property taxes which are not due and payable) prior to or
concurrently with the Close of Escrow, and the Escrow Holder is hereby directed to cause same
to be paid off from funds Grantor delivers to Escrow Holder at Escrow Holder's demand. The
policy of title insurance shall include such endorsements as City shall reasonably request. Any
title policy endorsements are to be paid for by City. Whether or not City shall have fumished to
Grantor any notice of Disapproved Exceptions pursuant to the foregoing provisions of this
Agreement, City may, three (3) days prior to the Close of Escrow, notify Grantor in writing of
any objections to title (including any matters reflected on the City's Survey) first raised by the
Title Company or the surveyor or disclosed to City between (a) the last date on which to City is
entitled to make such an objection as set forth above and Co) the date on which the transaction
contemplated herein is scheduled to close. With respect to any Disapproved Exceptions set forth
in such notice, Grantor shall have the same option to cure (or in the case of a monetary lien, the
obligation to obtain the removal thereof) and City shall have the same option to accept title
subject to such matters or to terminate this Agreement as those which apply to any notice of
Disapproved Exceptions made by City before the expiration of the Due Diligence Period. If
Grantor elects to attempt to cure any such matters, the scheduled date for the Close of Escrow
shall be automatically extended by a reasonable additional time to effect such a cure, but in no
event shall the extension exceed fifteen (15) days atter the scheduled date for the Close of
Escrow set forth in Section 2.
C. At Grantor's sole expense City's fee title to the Property shall be insured at the
Close of Escrow by an ALTA Standard Coverage Owner's Policy of Title Insurance in the
amount of Ten Million Fifty Thousand Dollars ($10,050,000.00), issued by Title Company
(unless, at the option of City, the title shall be insured by an ALTA Extended Coverage Owner's
Policy of Title Insurance) (the "Title Policy"). The Title Policy shall insure City's fee interest in
the Property free and clear of all liens, encumbrances, restrictions, and rights-of-way of record,
subject only to the following permitted conditions of tire (the "Permitted Title Exceptions"):
1) Real property taxes for the then current tax fiscal year which are a lien not
then due and payable;
2) The applicable zoning, building and development regulations of any
municipality, county, state or federal jurisdiction affecting the Property; and
3) Those title exceptions approved by City pursuant to Section 5CO).
Grantor shall not encumber, convey or agree to sell the Property to any other party during the
period from the Effective Date to the Close of Escrow or the date of the termination of this
Agreement.
7. Deposit of Documents and Funds in Escrow.
A. Grantor and City, as applicable, hereby covenant and agree to deliver to Escrow
Holder at least one (1) day prior to the Close of Escrow the following instrmnents, documents,
and funds, the delivery of each of which shall be a condition of the Close of Escrow.
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B. Grantor shall deliver:
1) The Grant Deed duly executed and acknowledged by Grantor;
2) Two (2) originals of a Bill of Sale in the form of Exhibit E attached hereto
(the "Bill of Sale") duly executed by Grantor, conveying to City all of Grantor's fight, title and
interest in and to the Personal Property;
3) Two (2) originals of an assignment and assumption agreement in the form
of Exhibit F attached hereto (the "General Assignment") duly executed by Grantor, assigning to
City all of Grantor's right, title and interest in and to the Operating Agreements and Entitlements;
4) A Withholding Exemption Certificate Form 597W as contemplated by
California Revenue and Taxation Code § 18662 (the "Withholding Affidavit") duly executed by
Grantor;
5) A Certification of Non-Foreign Status in accordance with Internal
Revenue Code Section 1445 duly executed by Grantor;
6) Such funds as are required to pay for costs and expenses payable by
Grantor hereunder;
7) Such proof of Grantor's authority and authorization to enter into this
transaction as the Title Company may reasonably require in order to issue the Title Policy.
8) True and correct copies of the Operating Agreements and licenses and
permits, if any, in the possession of Grantor or Grantor's agents, together with all property files
and records which are material in connection with the continued operation, use and maintenance
of the Property.
C. City shall deliver:
1) Two (2) original counterparts of the Bill of Sale, duly executed by City;
City; and
2) Two (2) original counterparts of the General Assignment duly executed by
3) Such proof of City's authority and authorization to enter into this
transaction as the Title Company may reasonably require in order to issue the Title Policy.
8. Authorization to Record Documents and Disburse Funds.
Escrow Holder is hereby authorized to record the documents and disburse the funds and
distribute the documents called for hereunder upon the Close of Escrow, provided each of the
following conditions has then been fulfilled:
A. The Title Company can issue in favor of City the Title Policy, with a liability
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amount ofTen Million Fifty Thousand Dollars ($10,050,000.00) as referenced in paragraph 5(c),
showing fee title to the Property vested in City, subject only to the Permitted Title Exceptions. If
Grantor has not removed all monetary liens, monetary encumbrances, or special bonded
assessments, or ifa monetary claim is asserted by any third party, in addition to all other
remedies City may have at law or equity, City may elect to consummate this transaction on the
Close of Escrow and offset dollar for dollar against the Purchase Price an amount equal to any
such monetary encumbrances and claims.
B. Escrow Holder shall have received City's authorization to close and City's notice
of approval or satisfaction or waiver of all of the contingencies/conditions to City's obligations
hereunder, as provided for in Section 13;
C. Escrow Holder shall have received Grantor's authorization to close and Grantor's
notice of approval or satisfaction or waiver of all of the contingencies/conditions to Grantor's
obligations hereunder, as provided for in Section 14; and
D. Grantor and City shall have deposited in Escrow the documents and funds
required pursuant to Section 6.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of
Escrow any instrument delivered through this Escrow if necessary or proper for the issuance of
the Title Policy.
9. Escrow Charges and Prorations.
A. Grantor shall pay (i) the escrow fees and charges of Escrow Holder, (ii) the cost of
the premium for the ALTA Standard Coverage portion of the Title Policy, (iii) all costs and
charges for recording the Grant Deed on the Property, (iv) any documentary or other local
transfer taxes on the transfer of the Property, if any, and (v) Grantor's share of the charges
prorated under this Agreement. If the Escrow shall fail to close for any reason, Grantor shall pay
any applicable Escrow cancellation charges.
B. City shall pay (i) the cost of the premium for the Title Policy in excess of the
premium for an ALTA Standard Coverage policy, if any, and (ii) the cost of all endorsements to
the Title Policy.
C. The following shall be apportioned with respect to the Property as of 12:01 a.m.,
on the day on which the Close of Escrow occurs, as if City were vested with title to the Property
during the entire day upon which the Close of Escrow occurs:
1) taxes (including personal property taxes on the Personal Property) and
assessments levied against the Property;
2) payments under the Operating Agreements;
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3) gas, electricity and other utility charges for which Grantor is liable, if any,
such charges to be apportioned at the Close of Escrow on the basis of the most recent meter
reading occurring prior to the Close of Escrow; and
4) any other operating expenses or other items pertaining to the Property
which are customarily prorated between a buyer and a seller in the area in which the Property is
located.
D. Notwithstanding anything contained in Section 8(c): Any installment of taxes or
assessments for the current year paid at or prior to the Close of Escrow shall be prorated based
upon the mounts actually paid. If taxes and assessments for the current year have not been paid
before the Close of Escrow, Grantor shall be charged at the Close of Escrow an amount equal to
that portion of such taxes and assessments which relates to the period before the Close of Escrow
and City shall pay the taxes and assessments prior to their becoming delinquent. Any such
apportionment made with respect to a tax year for which the tax rate or assessed valuation, or
both, have not yet been fixed shall be based upon the tax rate and/or assessed valuation last fixed.
To the extent that the actual taxes and assessments for the current year differ from the amount
apportioned at the Close of Escrow, the parties shall make all necessary adjustments by
appropriate payments between themselves following the Close of Escrow. All delinquent taxes
and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any,
affecting the Property shall be paid by Grantor.
E. All prorations shall be determined on the basis of a 365-day year. The provisions
of this Section 8 shall survive the Close of Escrow.
10. Due Diligence Period; Access.
During the period commencing on the Effective Date and ending at 5:00 p.m. on the date which
is five (5) business days following the Effective Date (the "Due Diligence Period"), City may
inspect the Property as necessary to approve all land use matters relating to the Property and to
approve the physical condition of the Property. Grantor shall provide to City, on or before the
Effective Date any and all documents, studies, and reports relating to the condition of the
Property, including any analyses, surveys, environmental site assessments, and the like, in
Grantor's possession or under Grantor's control, if any. City and its agents, attomeys,
accountants, and other representatives shall have the right to enter upon the Property during the
Due Diligence Period to make inspections and other examinations of the Property and the
improvements thereon, including without limitation, the right to perform surveys, soil and
geological tests of the Property and the fight to perform environmental site assessments and
studies of the Property. To evidence City's right of entry to the Property, the parties shall execute
a Right of Entry Agreement, the form of which is attached hereto as Exhibit F. City to supply
liability insurance prior to entering property.
11. Indemnification.
A. Grantor hereby agrees to indemnify City against, and to hold City harmless and, at
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the option of City, defend City, its officers, directors, employees, agents and representatives
(collectively, "Indemnified Parties") with counsel approved by the Indemnified Parties, from all
liabilities, losses, damages, costs and expenses, including, without limitation, legal fees and
disbursements, incurred by Indemnified Parties by reason of any claims or litigation relating to
the Property that arises from acts, occurrences, omissions or other matters, including, without
limitation, the presence, use, release or disposal of Hazardous Substances that took place prior to
the Close of Escrow.
B. City agrees to give to Grantor written notice of any third party claim that may give
rise to a claim for indemnification hereunder within ten (10) business days after learning of such
third party claim; provided, however, that the failure to give timely notice as hereinabove
provided shall not defeat any claim for indemnification hereunder except to the extent that the
party to whom such notice was owing is prejudiced by the lack of such timely notice. The
provisions of this Section 11 shall survive the Close of Escrow, the termination of this
Agreement and/or the delivery of the Grant Deed.
12. Warranties, Representations and Covenants of Grantor.
Grantor hereby represents, warrants and covenants to City the following, it being expressly
understood and agreed that all such representations, warranties and covenants are to be true and
correct, as of the Close of Escrow, and all of such representations, warranties and covenants shall
survive the Close of Escrow, the termination of this Agreement and/or the delivery of the Grant
Deed:
A. Hazardous Substances.
1) To the best of Grantor's knowledge, the Property is free and has always
been free from Hazardous Substances (as defined in Exhibit G) except as noted in (i) the
Environment Impact Report for Roripaugh Ranch dated September 26, 2002 and (ii) the SlID
Geotechnical, Inc. report, dated February 25, 2002 - Project No. 990057-01, and (iii) Phase I,
Phase 11I, and an update to the prior SID Geotechnical Enviromnental Compliance Report, all of
which are hereby incorporated by reference and referenced as the "HazMat Reports" and is not
and has never been in violation of any Environmental Laws (as defined in Exhibit G).
2)
There are no buried or partially buried storage tanks located on the
Property.
3) Grantor has received no written notice, warning, notice of violation,
administrative complaint, judicial complaint, or other formal or informal notice alleging that
conditions on the Property are or have been in violation of any Environmental Law, or informing
Grantor that the Property is subject to investigation or inquiry regarding Hazardous Substances
on the Property or the potential violation of any Environmental Law.
4) There is no monitoring program required by the Environmental
Protection Agency or any similar state agency concerning the Property.
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5) No toxic or hazardous chemicals, waste, or substances of any kind have
ever been spilled, disposed of, or stored on, under, or at the Property, whether by accident,
burying, drainage, or storage in containers, tanks, or holding areas, or by any other means except
as identified in the HazMat Reports.
6) The Property has never been used as a dump or landfill except as
identified in the HazMat Reports.
7) Grantor has disclosed to City all information, records, site assessment
reports, remedial action plans and studies maintained by Grantor in connection with the Property
and concerning Hazardous Substances, including, but not limited to, all of such information,
records, reports and studies pertaining to the types and locations thereof. As part of this
representation, Grantor shall provide City a Natural Hazards Disclosure Statement in accordance
with California Civil Code Section 1103.2. Grantor has produced a list of all information,
records, reports and studies maintained by Grantor or under Grantor's control in connection with
the Property concerning Hazardous Substances and all existing orders and directives from or
agreements with any governmental agency pertaining to the environmental condition of the
Property and any requests for information, documents, access or investigation pertaining thereto
and such list is contained in Exhibit H attached hereto. To the extent that certain documents
contain confidential information, City shall sign a confidentiality agreement as a condition to
City's review of such confidential documents.
8) Grantor covenants that it will keep all documents relevant to Hazardous
Substances and pertaining to the Property for a period of 5 years following the Close of Escrow
and will promptly provide copies of any or all of such documents to City upon receipt of City's
written request therefore.
9) Grantor has made available to City all subpoenas, and all orders,
directives and other requests for information from any government agency relating to Hazardous
Substances and the Property, and all documents supplied by Grantor to a government agency in
response. Grantor also has made available to City all requests for access, notices, warnings,
notices of violation, orders, directives, administrative complaints from any government agency,
and anyjudiciai complaints, relating to Hazardous Substances and the Property, and all
documents supplied by Grantor to a government agency in response. Each of these documents is
listed in Exhibit H. There is no outstanding administrative or judicial subpoena, or other written
request for any documents or information relating to Hazardous Substances and the Property to
Grantor from any government agency.
10) Grantor has received no written request, directive, administrative order or
judicial order to impose any type of land use restriction or institutional control relating to
Hazardous Substances on the Property.
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11) There is no outstanding written order, directive or administrative
complaint fi.om any government agency, no outstanding judicial complaint or order, and no
current agreement with any government agency for any investigation or cleanup of any
Hazardous Substance that is on or was released from the Property.
B. No condition on the Property violates any environmental laws, or any other health,
safety, fire, environmental, sewage, building, or other federal, state, or local law, code, ordinance,
or regulation.
C. Grantor is a California Limited Liability Corporation duly organized and validly
existing under the laws of the State of Califomia.
D. Grantor has full fight and power to execute, deliver and perform its obligations
under this Agreement, and when executed and delivered, Grantor and all parties having an
interest in the Property shall be lawfully bound by the terms of this Agreement. Grantor is the
sole owner of the Property, free and clear of all liens, claims, encumbrances, easements,
encroachments on the Property from adjacent properties, encroachments by improvements or
vegetation on the Property onto adjacent property, or rights of way of any nature, other than those
that may appear on the Preliminary Title Report. Grantor shall not further transfer or encumber
the Property or allow the Property to be further encumbered prior to the Close of Escrow.
E. Any information that Grantor has delivered to City, either directly or through
Grantor's agents, is accurate and Grantor has disclosed to City all material facts with respect to
the Property.
F. There is no pending litigation or threatened litigation, which does or may
adversely affect the Property.
G. There is no eminent domain or similar condemation proceeding affecting any
portion of the Property now pending or, to Grantor's knowledge and belief, threatened. Further,
there are no actions or proceedings pending or threatened against Grantor or the Property, before
any court or adminislrative agency in any way connected with or relating to the Property, or
affecting Grantor's ability to fulfill all of its obligations under this Agreement.
H. There are no written or oral commitments to or agreements with any governmental
authority or agency mater/ally and adversely affecting the Property, or any part thereof or any
interest therein, which will survive the Close of Escrow. Grantor has entered into no
understanding or agreement with any taxing or assessing authority respecting the imposition or
deferment of any taxes or assessments respecting the Property. City expressly agrees that
Grantor can request, and City shall record, an easement(s) for County of Riverside Flood Control
purposes across the Property.
I. Neither this Agreement nor anything provided to be done hereunder including the
transfer of title to the Property to City, violates or shall violate, any contract, instrument,
partnership agreement, trust agreement, or any other agreement to which Grantor is a party, or
which affects the Property or any part thereof, and the sale of the Property herein contemplated
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does not require the consent of any party not a signatory hereto.
J. Grantor is not in default of its obligations under any contract, agreement or
instrument to which Grantor is a party which would adversely affect the value of the Property or
Grantor's ability to perform its obligations hereunder.
K. There are no natural or artificial conditions upon the Property or any part of the
Property that could result in a material and adverse change in the condition of the Property.
L. There are no mechanics', materialmen's or other claims or liens presently claimed
or which will be claimed against the Property for work performed or commenced prior to the date
of this Agreement or relating to the environmental condition of the Property. Grantor agrees to
hold Indemnified Parties harmless from ail costs, expenses, liabilities, losses, charges and fees,
including without limitation attorneys' fees, arising from or relating to any such lien or any
similar lien claimed against the Property and arising from work performed or commenced prior
to the Close of Escrow.
M. There presently are, and at the Close of Escrow there will be, no oral or written
leases, contracts, agreements, licenses, commitments, or undertakings respecting maintenance of
the Property, or the performance of services on the Property, or the use or occupancy of the
Property or any part of it by which City would become obligated or liable to any person after the
Close of Escrow except as authorized by this Agreement; and there are no deed restrictions or
institutional controls on the use of the Property relating to Hazardous Substances.
N. There are no written or oral leases or contractual fights or options to lease,
purchase, or otherwise enjoy possession, or any other rights or interests of any nature in and to
the Property or any part thereof, and no persons have any right of possession to the Property or
any part thereof. Grantor shall deliver possession of the Property to City free of all tenants and
other persons or entities, and shall indemnify and hold Indemnified Parties harmless from the
claims of any tenants or persons or entities claiming a right to possession relating to Grantor's
occupancy of the Property and arising before or after the Close of Escrow.
O. Grantor is not a "foreign person" within the meaning of Section 1445(0(3) of the
Internal Revenue Code.
P. The agreements identified on the Operating Agreements, Warranty and
Entitlement Schedules are ail of the contracts, permits, entitlements, plans, approvais, or
agreements, such as maintenance, service, or utility contracts relating to or affecting the Property.
Q. The documents identified on the Operating Agreements, Warranty and
Entitlement Schedule are ail of the leases, licenses, occupancy agreements, or other agreements
demising space in, providing for the use or occupancy of, or otherwise similarly affecting or
relating to, the Property.
R. There are no obligations with respect to the Property which will be binding upon
City after the Close of Escrow except: (i) matters which are set forth in the Preliminary Title
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Report, and (ii) the portions of Operating Agreements accepted by City, if any, (to the extent the
same are approved and assumed by City).
S. Neither Grantor nor, to Grantor's knowledge, any of the tenants under the Leases
has either filed or been the subject of any filing of a petition under the Federal Bankruptcy Law
or any federal or state insolvency laws or laws for composition of indebtedness or for the
reorganization of debtors.
Grantor shall notify City of any facts that would cause any of the representations contained in this
Agreement to be untrue as of the Close of Escrow. Grantor agrees to indemnify Indemnified
Parties and agrees to defend and hold Indemnified Parties harmless from all loss, costs, liability,
expense, damage, or other injury, including without limitation attorneys' fees and expenses, and
all other costs and expenses incurred by reason of, or in any manner, direct or indirectly, resulting
from the breach of any warranties and representations in this Section. The provisions of this
Section shall survive the Close of Escrow, the termination of this Agreement and/or delivery of
the Grant Deed.
13. Representations and Warranties of City.
City hereby represents and warrants to Grantor the following, it being expressly understood and
agreed that all such representations and warranties are to be true and correct at the date of this
Agreement and as of the Close of Escrow:
A. City has the full power and authority to enter into this Agreement and
consummate the transactions contemplated hereby. The execution, delivery and performance of
this Agreement has been duly and validly authorized by City, and no other action by City is
requisite to the valid and binding execution, delivery, and performance of this Agreement by
City.
B. There is no pending litigation or, to the best of City's knowledge, threatened
litigation, which does or will materially adversely affect City's ability to consummate this
transaction.
14. City's Conditions.
City's obligations under this Agreement are expressly made subject to the following conditions
precedent solely for the benefit of City. The Close of Escrow and City's obligation to
consummate the purchase of Property shall be contingent upon and subject to written notice to
Escrow Holder by City of the occurrence of all of the following (or City's written waiver thereof,
it being agreed that City can waive any or all such contingencies) on or before the Close of
Escrow. City to accept provisions of the A.D. 161 HCP Plan only as to cause to operate and
maintain by a third party the land and habitat. All payment obligations within said HCP Plan
remain Grantor's sole obligation.
A. City's obtaining a satisfactory commitment issued by Title Company to issue the
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Title Policy in favor of City with a liability amount equal to the Purchase Price showing City's
fee interest in the Property subject only to the Permitted Title Exceptions, and being otherwise in
accordance with the provisions of paragraph 5 of this Agreement, and expressly insuring against
the claims of any persons in possession of all or any part of the Property and the claims of any
mechanics or materialmen.
B. City's receipt of Grantor's representation that there are no mechanics' and/or
materialmen's liens, or lis pendens actions affecting the Property, and that all taxes, sewer, water,
and utility bills and/or connection fees have been paid.
C. City's performing such environmental analysis of the Property as it deems
appropriate to determine, to its complete satisfaction, that the Property has not been used for the
storage of any petroleum products, toxic materials, or Hazardous Substances (as defined in
Exhibit G attached hereto), and that no petroleum product, hazardous substance or toxic material
is or has been located on, in or under the Property except as identified in the HazMat reports.
D. That as of the Close of Escrow the representations and warranties of Grantor
contained in this Agreement are all true and correct.
E. Grantor's delivery of all documents required to be delivered by Grantor pursuant
to Section 6 hereof.
F. City's approval, prior to the expiration of the Due Diligence Period, of the
physical condition of the Property, including without limitation, any and ail inspections, tests,
Survey(s), and other studies to be conducted by City, in City's sole discretion, including without
limitation, any environmental site assessments, investigations, studies and reports that may be
required under the California Environmental Quality Act CCEQA"). City's approval of any such
inspections of the Property shall not alter or diminish Grantor's representations or warranties
under this Agreement, and Grantor acknowledges and agrees that City is nonetheless relying on
Grantor's representations and warranties made herein, unless such representation or warranty is
specifically waived in whole or in part by City in writing.
G. If City has elected to obtain the same, City's obtaining and approving the Survey
provided for herein.
H. 1. Grantor has prepared and delivered written notice to the respective agencies
which have issued the AD 161 MSSHCP Plan, the 401 permit, the 404 permit, the 1603 permit
and received written consent and/or acknowledgment of the conveyance of the fee title to City
and Grantor's retention of all obligations, duties, performances and payments required by each
agency, all to City's satisfaction.
2. Notice to Issuers of Exhibit C-1 permits. Prior to the City accepting the Deed,
Grantor shall, in writing, advise the agency that issuer of the 401 permit, 404 permit, 1603 permit
and the AD 161 HCP Agreement, as referenced on Exhibit C-1 that Grantor is transferring fee
title to the Property to City but retaining all the obligations under each respective permit.
Grantor shall also give City notice as to any and all attempts to transfer the duties or obligations
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of the 401 permit, 404 permit, 1603 permit or AD 161 HCP Agreement to any third party. This
obligation shall survive this Agreement and shall terminate at the time the performances under all
the Operating Agreements, Warranty or Entitlements have been performed as required.
If all the foregoing conditions precedent have not been either met to City's sole satisfaction or
expressly waived in writing by City on or before the respective dates set forth therein, or if no
date is set forth therein on or prior to the Close of Escrow, then this Agreement shall, at the
option of City, become null and void, in which event, except as expressly set forth in this
Agreement, neither party shall have any further rights, duties and obligations hereunder, and City
shall be entitled to the immediate refund of the Deposit. In addition, City may terminate this
Agreement in City's sole and absolute discretion for any reason, or for no reason whatsoever, by
giving written notice to the Grantor on any day prior to and including the final day of the Due
Diligence Period, in which event, this Agreement shall become null and void and, except as
expressly set forth in this Agreement, neither party shall have any further rights, duties and
obligations hereunder, and City shall be entitled to the immediate refund of the Deposit.
15. Condemnation; Destruction.
All risk of loss with respect to the Property shall remain with Grantor until after the Close of
Escrow and delivery of possession of the Property to City. If at any time prior to the Close of
Escrow, the Property, or any portion thereof, is damaged by fire or other casualty or taken or
appropriated through eminent domain or similar proceedings, or is condemned for any public or
quasi-public use, City may terminate this Agreement. If City terminates this Agreement, Grantor
shall be entitled to receive all insurance proceeds payable to City or Grantor or all condemnation
proceeds actually paid for that portion of the property taken. If City elects to maintain this
Agreement in full force and effect, City shall be entitled to receive all insurance proceeds payable
to Grantor or all condenmafion proceeds actually paid for that portion of the Property taken or, if
such proceeds have been paid to Grantor, City shall receive a credit against the Purchase Price
and Relocation Assistance Payment equal to the amount of proceeds actually paid to Grantor.
16. Default.
In thc event of a breach or default under this Agreement by either Grantor or City, the non-
defaulting party shall have the right to terminate this Agreement and the Escrow for the purchase
and sale of the Property by delivering written notice thereof to the defaulting party and to Escrow
Holder, and if City is the non-defaulting party, City shall thereupon promptly receive a refund of
the Deposit. Such termination of the Escrow by a non-defaulting party shall be without prejudice
to the non-defaulting party's rights and remedies against the defaulting party at law or equity. Il*
CITY FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AS ItEREIN
PROVIDED BY REASON OF ANY DEFAULT OF CITY, IT IS AGREED THAT THE
DEPOSIT SHALL BE NON-REFUNDABLE AND GRANTOR SHALL BE ENTITLED
TO SUCH DEPOSIT, WHICH AMOUNT SHALL BE ACCEPTED BY GRANTOR AS
LIQUIDATED DAMAGES AND NOT AS A PENALTY AND AS GRANTOR'S SOLE
AND EXCLUSIVE REMEDY. IT IS AGREED THAT SAID AMOUNT CONSTITUTES
A REASONABLE ESTIMATE OF THE DAMAGES TO GRANTOR PURSUANT TO
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CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ. CITY AND GRANTOR AGREE
THAT IT WOULD BE IMPRACTICAL OR IMPOSSIBLE TO PRESENTLY PREDICT
WHAT MONETARY DAMAGES GRANTOR WOULD SUFFER UPON CITY'S
FAILURE TO COMPLETE ITS PURCHASE OF THE PROPERTY. CITY DESIRES TO
LIMIT THE MONETARY DAMAGES FOR WHICH IT MIGHT BE LIABLE
HEREUNDER AND CITY AND GRANTOR DESIRE TO AVOID THE COSTS AND
DELAYS THEY WOULD INCUR IF A LAWSUIT WERE COMMENCED TO
RECOVER DAMAGES OR OTHERWISE ENFORCE GRANTOR'S RIGHTS. IF
FURTHER INSTRUCTIONS ARE REQUIRED BY ESCROW HOLDER TO
EFFECTUATE THE TERMS OF THIS PARAGRAPH, CITY AND GRANTOR AGREE
TO EXECUTE THE SAME. THE PARTIES ACKNOWLEDGE THIS PROVISION BY
PLACING THEIR INITIALS BELOW:
GRANTOR CITY
17. No Relocation Assistance.
The total compensation to be paid by City for the Property is the Purchase Price, which
consideration covers all land and improvements, furniture, fixtures and equipment, loss of
business goodwill, and relocation assistance, and is the full and complete acquisition cost of the
Property. City shall have no obligation to Grantor under the California Relocation Assistance
and Real Property Acquisition statutes and guidelines. Except for any breach of terms or
conditions contained in this Agreement, Grantor waives and forever releases City, including its
successors, officers, employees, attorneys, agents, representatives and anyone else acting on
City's behalf, of and from any and all claims, demands, actions or causes of action, obligations,
liabilities, or claims for further compensation, known or unknown, based upon or relating to the
facts or allegations and cimumstances arising from City's acquisition of the Property. By such
release, Grantor expressly waives its fights, if any, under California Civil Code Section 1542
which provides:
"A General Release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release which if known by him must have
materially affected his settlement with the debtor."
18. Survey.
A. City, at Grantor's sole cost and expense, shall be provided an ALTA Survey of the
Property prepared by a registered land surveyor licensed by the State of California (i) showing
the boundaries thereof and the locations of all easements and/or encroachments on or affecting
the Property, if any, and (ii) certifying the exact acreage of the Property to three decimal places,
exclusive of any portion thereof used or dedicated for public rights-of-way. In all other respects
the Survey shall meet the requirements of any governmental agency having jurisdiction over the
Property for preparation of a subdivision map and any requirements of the Title Company
necessary to delete the Survey exception from an ALTA policy of title insurance.
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B. If the Survey (i) shows any encroachments affecting the Property, or (ii) shows
any easements that would, in City's sole reasonable opinion, adversely affect City's anticipated
use of the Property as recreational open space, then Buyer shall have the right to declare this
Agreement null and void, in which event, except as expressly set forth in this Agreement, neither
party shall have any further rights, duties or obligations hereunder, and the Deposit shall
immediately be returned to City.
19. Notices.
All notices and demands shall be given in writing by certified mail, postage prepaid, and return
receipt requested, or by personal delivery. Notices shall be considered given upon the earlier of
(a) personal delivery or (b) two (2) business days following deposit in the United States mall,
postage prepaid, certified or registered, return receipt requested. A copy of all notices shall be
sent to Escrow Holder. Notices shall be addressed as provided below for the respective party;
provided that if any party gives notice in writing of a change of name or address, notices to such
party shall thereafter be given as demanded in that notice:
City:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Atm.: City Manager
Phone: (909) 506-5100
Fax: (909) 694-6499
Copy to:
Richards, Watson & Gershon
355 South Grand Avenue, 40~ Floor
Los Angeles, California 90071
Atm.: Peter M. Thorson, City Attorney
Phone: (213) 626-8484
Fax: (213) 626-0078
Grantor:
Ashby USA, LLC
470 Harrison Street
Corona, Califomia 92879
Attention: Justin Ashby
Phone: (909) 898-1692
Fax: (909) 898-1260
Butterfield Development Co. Inc.
470 E. Harrison Street
Corona, California 92879
Attention: Richard Ashby
Phone: (909) 898-1692
Fax: (909) 898-1260
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Copy to:
Pete Ohla
470 E. Harrison Street
Corona, California 92879
Phone: (909) 898-1692
Fax: (909) 898-1260
Escrow
Holder
Phone:
Fax:
20. Broker's Commissions.
City represents and warrants to Grantor that City has used no broker, agent, finder or other
person in connection with the transaction contemplated hereby to whom a brokerage or other
commission or fee may be payable. Grantor represents and warrants to City that Grantor has not
employed any person or business entity as its broker in connection with the transaction
contemplated hereby and has employed no other broker, agent, finder or other person to whom a
brokerage or other commission or fee may be payable. Grantor shall be solely responsible for the
payment of all commissions or fees payable to any person or business entity. Each party
indemnifies and agrees to defend and hold the other harmless from any claims resulting fi'om any
breach by the indemnifying party of the warranties, representations and covenants in this Section.
21. Standard Instructions.
Each party agrees to execute Escrow Holder's supplemental reasonable standard instmctions as
may be necessary or proper in order to consummate the transactions contemplated by this
Agreement; provided, however, in the event of a conflict between the terms hereof and the terms
of such standard instructions, the terms hereof shall control.
22. Time is of the Essence.
The parties hereto agree that time is of the essence with respect to each term, condition and
covenant hereof.
23. Successors and Assigns.
The provisions of this Agreement are expressly binding upon, and shall inure to the benefit of,
the parties hereto and their successors in interest and assigns.
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24. Entire Agreement.
This Agreement, together with all exhibits hereto, integrates all of the terms and conditions
mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements
between the parties or their predecessors in interest with respect to all or any part of the subject
matter hereof.
25. Severability.
Invalidation of any of the terms, conditions, covenants, or other provisions contained herein by
judgment or court order shall in no way affect any of the other terms, conditions, covenants, or
provisions hereof, and the same shall remain in full force and effect.
26. Amendments.
Any amendments to this Agreement shall be effective only when duly executed by Grantor and
City and deposited with Escrow Holder.
27. Attorneys' Fees.
In the event that suit is brought for the enfomement of this Agreement or as the result of any
alleged breach thereof, the prevailing party or parties in such suit shall be entitled to recover their
reasonable attorneys' fees, costs, and expenses from the losing party or parties, and any judgment
or decree rendered in such proceedings shall include an award thereof.
28. No Third Party Beneficiary Rights.
This Agreement is entered into for the sole benefit of Grantor and City and no other parties are
intended to be direct or incidental beneficiaries of this Agreement and no third party shall have
any right in, under or to this Agreement.
29. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
30. Counterparts.
This Agreement may be executed simultaneously in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
instrument. For purposes of this Agreement, facsimile signatures shall be deemed to be original
signatures, and shall be followed by the immediate overnight delivery of original signature pages.
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31. Assignment of Agreement.
Neither City nor Grantor may assign or transfer their respective rights or obligations under this
Agreement without first obtaining the prior written consent of the other, which consent may be
granted or withheld in the sole and absolute discretion of the applicable party.
IN WITNESS WItEREOF, the parties have caused this Agreement to be executed as of the
date first above written.
city:
CITY OF TEMECULA, a general law City
and a public body, corporate and politic
By:
Nanle:
Title:
Attest:
Grantor:
ASHBY USA, LLC,
a California Limited Liability Company
By: ASHBY DEVELOPMENT
COMPANY, INC., a California
corporation, Managing Member
By:
Justin I~L Ashby, President
By:
Jeanne Deringer, Secretary
BUTTERFIELD DEVELOPMENT
COMPANY, INC., a California corporation
By:
Ronald E. Beaman, President
By:
Tracy M. Browne, Secretary
APPROVED AS TO FORM:
Richards, Watson & Gershon,
a professional corporation
By:
City Attorney
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EXHIBIT A
Leeal Descriotion Of The Property
THE LAND REFERRED TO HEREIN AS THE "LAND" IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF RIVERSIDE, CITY OF TEMECULA, AND IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
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EXHIBIT"A"
DEDICATION OF HABITAT
AD-161-SHCP
That portion of the North one-half of the North one-half of Section 20, Township 7 South. Range 2 West,
San Bemardino Meridian, in the City of Temeeula, County of Riverside, State of California, according to the
Official Plat of said Land filed in the District Land Office, described a.s follows:
Commencing at the Northeast comer of said Section;
thence along thc north line of said Section North 88*37'05" West, 267.00 feet to the westerly line of the land
described in a Deed to the Metropolitan Water District of Southern CalJ.fomia recorded Sanuary 2, 1968 as
Instrument No. 27 of Official Records in the office of the County Recorder of said county and the TRUE
POINT OF BEGINNING;
thence along said the westerly line South 20°13'05" West, 523.01 feet;
thence leaving said westerly line, North 72°43'38'' West, 14.42 feet to the beginning of a tangent curve,
concave southwesterly and having a radius of 1655.00 feet;
thence northwesterly 83.95 feet along said curve through a central angle of 02°54'23";
thence North 75°38'01'' West, 1274.67 feet to the beginning of a tangent curve, concave northeasterly and
having a radius of 1545.00 feet;
thence Northwesterly 312.72 feet along said curve through a central angle of 11°35'49";
thence North 64*02' 12" West, 200.00 feet to the north line of said Section;
thence along said north line, South 88*37'05" East, 1983.53 feet the TRUE POINT OF BEGINNINO.
RESERVING an ca~ement for slope and drainage purposes, including construction and maintenance of
drainage infrastructure, said area to be delineated upon recordation of ibc final map for subdivision of
adjacent property.
ALSO RESERVING an easement for fuel modification purposes over any portion of the Property required to
perform fuel modification and brash cleazance in accordance with applicable government ~..quimments, said
area to be delineated upon recordation of thc final map for subdivision of adjacent property.
· ALSo RESERVING, for a period of ten (10) years, an easement for wetland or habitat mitigation purposes,
including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property
approved for such purposes by any government entity, said area to be delineated upon issuance of said
government approval.
ALSO RESERVING the right to reseed and maintain the Property in accordance with the AD-161-SHCP
Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of
riverside on August 2, 1998.
ALSO RESERVING the right to access the Property for any of the above described purposes.
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PAGE 84/16
The above-described parcel of land contains approximately 12.45 acres.
That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to herein as thc
"Scrvieut Tenement". Each of the easements reserved to Grantor, above, shall be an easement appurtenant to
that certain real property described at Exhibit "B" of this Grant Deed (the "Dominant Tenement"), and shall
be binding upon and run with the Dominant Tenement and the Servient Tenement. Each of the casements
reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress
and egress across, over and under the Servient Tenement, as necessary to perform such work. Unless
otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to
perform work upon the Servjent Tenement, as described by each reservation of e&~ement, shall terminate.
Cliffo~l )~. Simental, PLS Date
L.S. No.5022 Expires: 1.2-31-05
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PAGE 85/16
[] PROPO$£DSLOP£.4ND
DRAIN,4GE FACILITIES T.P.O.8. NES°J7'O5"F/
E,4$£MENT -- t' 26 7. O0 '
- h , INsr NO 20fe9 REC 3/7/60
SECTION 20 I~ ~ ' ,
I~ rIPER lflST. NO. 01-~f94
/~//
Y Hot s..,..s I~/
VICINI~ MAP
~EA$E~NT AREA ~$C~8~ H~RE[N
E~SE~NT ARE~ = ~,45 ACRE5
EXHIBIT "B"
~ ' ~-161-SHCP ~T~. "''
r
DAVID EVeS ~Y
~D ~SOOIATES, ~
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EXHIBIT "A"
DEDICATION OF HABITAT
AD-161-SHCP
That portion of Sections 20, Township 7 South. Range 2 West, San Bemardino Meridian, in the
City of Temccula, County of Riverside, State of California, according to the Official Plat of said
Land filed in the District Land Office, described as follows:
Beginning at the Northeast comer of said Section 20;
thence along the east Ii.ne of said Section 20, South 0°34'31" West, 587.79 feet;
thence South 55026'06'' West, 37.04 feet to a point on curve, concave northerly and having a
radius of 2945.00 feet, a radial line of said curve to said point bears South 14'33'53" West;
thence Westerly ! 39.19 feet along said curve through a ccntral angle of 2°42'29";
thence Noah 72°43'38'' West, 220.43 feet to the easterly line of the land described in a Deed to
the Metropolitan Water District of Southern California recorded January 2, 1968 as Instrument
No. 27 of Official Records in the office of the County Recorder of said county;
thence along said easterly line North 20013'05" East, 543.28 feet to the north line of said Section
20;
thence along said north line, South 88037'05'' Ea~ht, 193.04 feet to the Poi.ut of Beginning.
RESERVING an easement for slope and drainage purposes, including construction and
maintenance of drainage infrastructure, said area to be delineated upon recordation of the final
map for subdivision of adjacent property.
ALSO RESERVING an easement for fuel modification purposes over any portion of the
property required to perform fuel modification and brush clearance in accordance with applicable
government requirements, said area to be delineated upon recordation of the final map for
subdivision of adjacent property.
ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat
mitigation purposes, including construction, irrigation, grading, monitoring and maintenance,
ovewr any portion of the Property approved for such purposes by any government entity, said
area to be delineated upon issuance of said government approval.
ALSO RESERVING the tight to m-seed and maintain the Property in accordance with the AD-
161-SCHP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003,
issued by the County of riverside on August 2, 1998.
ALSO RESERVING the right to access the Property for any of the above describexl purposes.
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THIS DEDICATION IS SUBJECT TO that certain 50.00 foot wide caserccnt to thc
Metropolitan Water District of Southern California recorded March 7, 1960 as Instrurccnt No.
20189 of the official records of the County Recorder of Riverside County.
THIS DEDICATION IS SUBJECT TO that certain 40.00 foot wide easement to Rancho
California Water District recorded June 29, 2001 as Instrument No. 01-300190 of the official
records of the County Recorder of Riverside County.
The above-described parcel of land contains approximately 3.80 acres.
That certain real property set forth at Exhibit "A" of this Grant Deed shall be refer~ed to herein
as the "Servient Tenercent". Each of the easements reserved to Grantor, above, shall be an
easement appurtenant to that certain real property described at Exhibit "B" of this (}rant Dccd
(the "Dominant Tenement"), and shall be binding upon and mn with the Dominant Tenement
and the Servient Tenercent. Each of the easercents reserved to Grantor, above, shall be for the
purpose(s) set forth within the reservation, and for access, ingress and egress across, over and
under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth
above, each easement shall be perpetual, bm shall terminate when Grantor's obligation to
perform work upon the Servient Tenement, as described by each reservation of easement, shall
terminate.
DAVID EVANS AND A$SOCIATBS, INC.
Cl~ffo~l ~. Sircental, PLS Date
L.S. No.5022 Expires: 12-31-05
p:La,~$HB0005XLega] Descriptions~otbbSEC20.doc
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PAGE 88/16
.~- (~ N72°43'38"W 220.43'
, / SEC 20 / ~ 555'26'06'~ ~7.0~~
~ I MURRI~
~ ~SE~T IREI OESCRI~m "EREZ~VICINI~ MAPII
EXHIBIT "B"
DAVID EVeS
5/5/03
05107/2003 10:51 9098981693 FIESTA
PAGE 09/16
EXHIBIT "A"
DEDICATION OF HABITAT
AD-161-SI-ICP
That portion of Section 21, Township 7 South. Range 2 West, San Bemardino Meridian, in thc
County of Riverside, State of California, according to the Official Plat of said Land fried in the
District Land Office, described as follows:
Beginning at the Northwest corner of said Section 21;
thence along the north line of said Section 21, North 88°29'37" East, 814.77 feet to the
beginning of a non-tangent curve, concave westerly and having a radius of 1945.00 feet, a radial
line of said curve bears North 64°04'40" East;
thence Southerly 707.82 feet along said curve through a central angle of 20°51'03";
thence South 41°16'45" West, 50.65 feet;
thence South 87°37'47" West, 143.:29 feet to the beginning of a tangent curve, concave northerly
and having a radius of :2945.00 feet;
thence Westerly 173.17 feet along said curve through a central angle of 3°22'09";
thence North 0°33'47'' East, 574.36 feet;
thence South 88°34'20" West, 660.15 feet to the west line of said Section :21;
thence along said west line North 0°34'31" Fast, 145.09 feet to the Point of Beginning.
RESERVING an easement for slope and drainage purposes, including construction and
maintenance of drainage infrastructure, said area to be delineated upon recordation of the final
map for subdivision of adjacent property.
ALSO RESERVING an easement for fuel modification purposes over any portion of the
Property required to perform fuel modification and brash clearance in accordance with
applicable government requirements, said area to be delineated upon recordation of the final map
for subdivision of adjacent property.
ALSO RESERVIlqG, for a period of ten (10) years, an easetuent for wetland or habitat
rnitigati.on purposes, i~cluding construction, irrigation, grading, monitoring and maintenance,
over any portion of the Property approved for such purposes by any government entity, said area
to be delineated upon issuance of said government approval.
P:~A~ASHB0005~Lega! Descriptlon.~\lotbbSEC2 ! .doc
05/07/2003 10:51 909898i693 FIESTA
ALSO RESERVI3IO the right to reseed and maintain the Property in accordance with the AD-
161-SHCP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003,
issued by the County of riverside on August 2, 1998.
ALSO RESERVIiNG the right to access the Property for any of the above described purposes.
THIS DEDICATION IS SUBSECT TO that certain 40.00 foot wide easement to Rancho
California Water District recorded January 24, 2002 as Instrument No. 02-042151 of the official
records of the County Recorder of Riverside County.
The above-described parcel of land contains approximately 6.80 acres.
That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to here'm
as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an
easement appurtenant to that certain real property described at Exhibit "B" of this Grant Deed
(the "Dominant Tenement"), and shall he binding upon and mn with ~e Dominant Tenement
and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the
purpose(s) set forth within the reservation, and for access, ingress and egress across, over and
under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth
above, each easement shall be perpetual, but shall terminate when Grantor's obligation to
perform work upon the Servient Tenement, as described by each reservation of easement, shall
terminate.
DAVID EVANS AND ASSOCIATES, I~C.
Clfffor~ ~. Siment~, P~
L.S. No.5022 ~xpires: 12-31-05
PAAkASHB0005~Legal Descfipfi ons'dotbbSEC21 .doc
85/87/2883 18:51 9698981693 FIESTA
PAGE 11/16
i (~ S87'37'47~/ 143.29'
~ (~/~=3'Z2'09" R~945.00' L=173. 17'
P.O.B.
I N~'--¢0'~'7
/ S~C 21/ 40' EASEMENT TO
/ / ~ / ~ RCFO PER INST.
· i,~,1,, I /~.
~,~,~v ~ /'0~o? / ,// REC 1/24/2002 ~64.04'40~E
RIVEffSIDK / ~ ' ' 7"E ~14.77' ~-' (RAO)
............... J I / ~,~ ~ ~ -,. ~.. ..................
~ ~ · '~' - - AND DRAINAGE
/ /
~/ ~ //~ ~ ~'~ / ~/~</~JL
/ ~ :~ ~ EASEMENT ~~ )MODIFICATION
~1 7 ;~ EASE~NT PERI
II / I ~c~/~oi........... .
' ~' ~40' EA~NT TO i ~ ~T SPRINGS
~o. o~-~ooom ! ~ I~. I~ · ._
i ~ TE~ECU~
~ E~EM~T ~EA DESCRIBED H~RDN
E~E~ENT ~EA - 6.BO ACRES VIOINI~ MAP
EXHIBIT ,,B,, DEDICATION OF
J ~ H~ITAT
~-161-SHCP
DAVID EVeS ~1~1~
~D ~SOOIATES, ~ ~ ~ c~A ~,,.~
05/07/2003 10:51 9098981693 FIESTA PAGE 12/16
EXHIBIT "A'
DEDICATION OF HABITAT
AD-161-SHCP
That pon. ion of Section 21, Township 7 South. Range 2 West, San Bcrnardino Meridian, in the
County of Riverside, State of California, according to the Official Plat of said Land fried in the
District Land Office, described as follows:
Commencing at the Northwest corner of said Section 21;
thence along the north line of said Section 21, No~th 88029'37" East, 958.80 feet to the TRUE
POINT OF BEGINNING;
thence continuing North 88029'37" East, 4337.60 feet to the northeast corner of said Secfien 21;
thence along the east line of said Section, South 0°59'15'' West, 1959.71 feet;
thence North 89°26'30" West, 331.31 feet; thence South 60°42'39" West, 96.06 feet;
thence North 89°10'21" West, 92.70 feet; thence North 5°40'54" West, 142.81 feet;
thence North 37°18'47" East, 85.50 feet; thence North 25°31' 18" East, 112.71 feet;
thence North 8°11'54" East, 112.76 feet; thence North 0°50'32" West, 262.15 feet;
thence No~h 22°54'31" West, 192.56 feet; thence North 40°55'28'' West, 372.57 feet;
thence North 24°16'06'' West, 163.27 feet; thence North 80°11'52" West, 146.69 feet;
thence South 59°53'21" West, 91.23 feet; thence South 31°08'49" West, 146.57 feet;
thence South 03°09, 12" West, 69.52 feet; thence South 27042'32'' East, 157.42 feet;
thence South 49°18'18'' East, 61.50 feet; thence North 68°29'19'' East, 150.04 feet;
thence South 41°58'23'' East, 153.10 feet; thence South 30010' 17" West, 129.03 feet;
thence South 46017, 16" East, 70.83 feet; thence South 10059'54" East, 41.74 feet;
'thence South 71033'56.' West, 183.58 feet; thence South 55°57'01'' West, 292.00 feet;
thence South 45°27'34" West, 97.37 feet; thence South 40°50'06'' West, 160.77 feet;
thence South 51°06'09" West, 146.91 feet; thence South 61°56'22'' West, 264.03 feet;
P:~A'~k$ H3 0005'kI_~gal De.ncriptio ns~l otcc.doc
RECEIVED: 5/ 7/03 10:18AM; ->CITY OF TEMECULA; #5G5; PAGE
05/07/2003 10:51 90989816S3 FIESTA
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thence North 83°50'16'' West, 159.06 feet; thence North 90°00'00" West, 283.29 feet;
thence South 81°26'09'' West, 356.89 feet; thence South 72°09'30'' West, 161.36 feet;
thence South 57°40'46" West, 87.87 feet; thence South 83°31'23'' West, 386.16 feet;
thence North 84°12'29'' West, 129.22 feet; thence South 84°27'26" West, 193.91 feet;
thence South 63°56'06'' West, 113.99 feet; thence South 89°41.'59'' West, 162.15 feet;
thence South 74°40'27" West, 84.91 feet; thence South 47°54'01'' West, 206.41 feet;
thence South 81°36'13'' West, 465.73 feet; thence South 71°51'23' West, 60.57 feet;
thence North 64009'59'' West, 116.35 feet; thence North 38°15'19'' East, 77.68 feet to the
beginning of a tangent curve, concave westerly and having a radius of 1677.00 feet;
thence Northerly 1102.66 feet along said curve through a central angle of 37°40'23";
thence tangent to said curve, North 00034'56" East, 350.12 feet to the beginning of a tangent
curve, concave westerly and having a radius of 2077.00 feet;
thence Northerly 901.25 feet along said curve through a central angle of 24°5 !'42" to the TRUE
POINT OF BEGINNING.
]RF.~ERVING an easement for slope and drainage purposes, including construction and
maintenance of drainage infrastructure, said area to be delineated upon recordation of the final
map for subdivision of adjacent property.
ALSO RESERVING an easement for fuel modification purposes over any portion of the
property required to perform fuel modification and brush clearance in accordance with applicable
government requirements, said area to be delineated upon recordation of the final map for
subdivision of adjacent property.
ALSO RESERVING an easement for construction, maintenance and traversal of a Fire Road
over that portion of the Property designated by said purposes by any govenunental agency with
responsibility for the provision of fire service, said area to be delineated upon issuance of said
governmental approval.
ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat
mitigation purposes, including construction, irrigation, grading, monitoring and maintenance,
over any portion of thc Property approved for such purposes by any government entity, sa/d area
to be delineated upon issuance of said.government approval.
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ALSO RESERVING an easement for grading, realignment and construction of Santa Oertmdis
Channel in accordance with approved governmental plans, said area to be delineated upon
recordation of the final map for subdivision of adjacent property.
ALSO RESERVING for a period of four (4) years, a temporary easement for rehabilitation and
restoration of the airfield over the area shown on the map attached as Exhibit B.
ALSO RESERVING the right to access the Property for any of the above described purposes.
The above-described parcel of land contains approximately t79.55 acres.
That certaia real property set forth at Exhibit "A" of this Groat Deed shall be referred to herein
as the "$ervient Tenement". Each of the easements reserved to Grantor, above, shall be an
easement appurtenant to that certain real property described at Exhibit "B" of this Grant Deed
(the "Dominant Tenement"), and shall be binding upon and ran with the Dominant Tenement
and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the
purpose(s) set forth within the. reservation, and for access, in.g~ess and egress across, over and
uader the Servient Tenement, as necessary to perform such work. Unless otherwise set forth
above, each easement shall be perpetual, but shall terminate when Grantor's obligation to
perform work upon the Servient Tenement, as described by each reservation of easement, shall
terminate.
DA.VID EVANS AND ASSOCIATES, [NC.
L.$. No.5022 Expires: 12-31-05
P:'caJ~A S H B 0005',Legal Dcscriptions~lotcc.doc
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N
21 ~ N;88'29'37"£ 4357,80' -~
~ ~~1~~~ ~N90'OO'OO'W 283. zg' ~ S74'40'27'F 84,91'
~557'40 46'F a7.87' ~ S7I'51'2J'F 60.57'
~ J ~Sa3'Jl/23"W 386,16' ~ N64'Og'59'F 116,35'
~ ~r ~N84,~2'29~ ~29.22' ~ N38'tE'Ig'E 77.6E'
~ ~7'~0'25~ R=1677.00' L~1102, 66'
~ ~4'Et ~42 ~ R~077. 00' L~0~.25~
~ E=EMENT =EA ~ESCRIBED HEREIN
E~EMENT ~EA 179.55 ACRES
EXHIBIT "B" .~ DEDICATION OF
H~ITAT
DAVID EVeS I :
85/87/2883 18:51 9898981693 FIESTA PAGE 16/16
~.~
~N89'26'30'~ 33f.3f' ~NSO'1f'52~V 1q6.69 ~S7f'33'5~V 183.58'
~S60'42'39'~
~Na9'I0'21~ 92.~0' ~S3~'08'49'~ 146,5~' ~S45'ZT'3q'F 97.37'
~NO5'40'54~E 142.81' ~S03'09'12~F 69.52' ~S40'~0'06~V 160.77'
~N37'fS'47'E 85,50' ~S~7'4Z'J2~E 157.42' ~551'06'09'F 146.91'
~N25'31'fS~E 1f2.~f' ~549'1B'fS'E 6f. SO' ~S61'56'22~V 264,03'
~NOS'It~54'E 112,76' ~N68'29'Ig~E f50,04' ~NSJ'50'I6'V 159.06'
~N00'50'3~'~ 26Z. f5' ~341'5~'23'E 155,10' ~NEO'O0'O0~F 283.29'
~N22'54'31~ I~2,56~ ~S30'fO'f7'F 1~9,03' ~S81'26'09~V 356.89'
~N40'55'~8~ 372,57' ~S46'f7'f6~E 70,83~ ~S72'09'30~V 161.36'
~ E~EMENT ~EA ~ES~IBEO HEREIN
E~EMENT ~EA 179,55 ACRES
EXHIBIT "B" DEDICATION OF
-161-SHCP
DAVID EVeS
~D ~SOClATES,
EXHIBIT B
List of Personal Property on the Property Described in Exhibit A as of Close of Escrow
No Items Are Present
Confn'mation by Grantor:
(initial)
11086-0097~729614 05/07/2003 B-1
EXHIBIT C-1
Operating Agreement~ Warranty and Entitlement Schedule
401 Permit*
404 Permit*
AD 161 Habitat Conservation Plan Volumes 1-3
1603 Permit*
Roripaugh Specific Plan
Roripaugh Ranch Development Agreement
Tentative Maps
Grading Plans
Roripaugh Ranch EIR
Environmental Hazards Studies:
Phase I, Phase wt and the update to the prior
Phase I and III reports, dated May 7, 2003,
and titled Updated Environmental Compliance
*copies are attached hereto
11086-0097~729614 05/07/2003 C-l-1
Wilton II. Rlckox
.
£nvironmental
Prottctlon
633 POP/09 DEC 13 'OP 13:lG
California RegionalsanWaterDieg,,o, RegionQUality Control Board
hl¢laet Add~: ht~:ll~.~b.~.govl-~qcb91 Gray
91~4 S~ Park Co~ Suit~ I~, S~ Dicgo, C~/o~a 92123 ~r
Ph~e (858) 46~-2~,2 * g~ (858) 571-6972
Action on Request for
Clean Water Act Secti}n 401 Water Quality Certification and
Application/Report of Waste Discharge for
Discharge of Dredged and/or Fill Materials
PROJECT:
Rofipaugh Ranch Residential DeVelopment Project (Piic No. 01C-091)
Waste Discha,'ge Identifies(ion No. 9 00001C091
APPLICANT:
Ashby USA,/_LC
Mr. Richard Ashby
470 Harrison Street
Corona, CA 92789
ACTION:
1. [] Order for Standard Certification
2. :Il Order for Technically-conditioned Certification
3. [] Order for Denial of Certification
STANDARD CONDITIONS:
Thc following three standm-d conditions apply to al_[ certification actions, except as noted under
Condition 3 for denials (Action 3).
'This certification action is subject to modification or revocation upon administrative or
judicial review, including review and amendment pursuant to section 13330 of the California
Water Code and section 3867 of Title 23 of thc Califomia Code of Regulations (23 CCR).
This certification action is not intcnd#d and shall not bo construed to apply to any discharge
from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory
Commission (FERC) license or an amendment to a FEP, C license unless thc pertinent
certification application was filed pursuant to 23 CCR subsection 3855(b) and thc
:application sl)e. cifically idemified that a FERC license or amendment [u a FERC lic~sc for a
hydroelectric facility was being sought.
3. The validity of anY non-denial ce~fication action (Actions 1 and 2) shall be conditioned
upon total payment of the full fee required under 23 CCR section 3833, unless otherwise
stated in writing by the certifying agenq~.
California Environmental Protection Agency
Recycled I~ap~r
DEC 13 '0~ 1J:16
ADDITIONAL CONDITIONS:
'l
The following udditional conditions shall apply'to ~his project:
-~shby USA, LLC shall, at all times, fully comply with the enginec, ring plans, specifications
and technical reports submitted with this application for Section 401 Water Quality
Certification and al! subsequent submittals required as part of this certification.
Ashby USA, LLC shall comply with the requil'ements of State Water Resources Control
Board Water Quality Order No. 99-08-DWQ, the NPDES General Pem~it for Storm Water
Discharges Associated xvith Construction Activity.
**
This certification is not transferable to any person except after notice to thc Executive Officer
of the San Diego Reg~°nfl Water Quality ~0ntro'~ Board (Regional Board). Ashby USA,
LLC shall submit this notice in writing at least 30 days in acNance of any proposed transfer.
The notice must include a written alTectncnt betwccn the existing and new owner containing
a specific date for thc transfcr of this certification's responsibility and coverage between the
curt'tnt owner and the new owner. This agreement shall include an acknowledgement that
the existiug owner' is liable for violations up to the transfer date and that the new owner is
liable from the transfer date on.
In tl~c event of any violation or threatened violation of the conditions of this certification, the
violation or threatened violation shall be subject to any remedies, penalties, process or
sanctions as provided for under state law. For purposes of section 401(d) of the Clean Water
Act, the applicability of any state law authorizing remedies, penalties, process or sanctions
for the violation or threatened violation constitutes a limitatiou necessary to assure
compliance with the water quality standards and other pertinent requirements incorporated
into this certification.
In response to a suspected violation of any condition of this certification, the Regional Board
may require thc holder of any permit or license subject to this certification to furnish, under
penalty of perjury, any technical or monitoring repons the Regional Board deems appropriate,
provided that thc bu,'den, including costs, of Otc reports shMl be a reasonable relationship to
thc need for the reports and thc benefits to be obtained from thc reports.
In response to any violation of the con)~t~ons of this ccrtificati.on, the Regional Board may
· add to or modify tire conditions of thi~ certification as appropriate to ensure compliance.
Ashby USA, LLC shall notify tile Regional BOard, itl writing, of the start of project grading,
the start of miiigation installa:tion and the.completion of ~uitig.afion in~tall0.tio r..All
notificfitions' shall'be'sub~n.itt~d Within 3 d~/~'of the start of tile acfi~fi'~ aii/l shail'rei'e~i~e
File No. 01C-091.
P~4x09 DEC 1~ '02 1J:18
lie. OI(2-U~ t '
' Annon"lex will be installed along both si,dps of Long Valley Wash, outside of jurisdictional
waters of the U,S. The existing low flow' ~ash will remain in its natural condition, except as
~;tj~l. ed in thc amended 401 Water Quality Certification application package, dated 3'uly 25,
9. All armorflcx areas in Santa Gertrudis Creek and Long Valley Wash shall be hydrosecded
with a native seed mix.
i0. Ashby USA, LLC sball submit, within 90 days of the issuance of this certification, ~t ~
eotisei;~tation easement or deed restriction that prohibits the removal of native
j.n~b;.ctiog~h.~t..~ijj~cd to,/nOwing, pruning and'spra~ine in Santa Gc-vtmdi~
LongVatley Wash onthe pmject slte[ This does not apply tO the removal of exouc
vcgcta~ou or trash and debriS. ~'~iify.US~:LLC'.~hali submit proofer a completed
c°~e!~fi0t~e~'~e~ent or deed ~t~eg~.ll~jg~'_n~O_n.e year of the i~uance of tiffs certificationt
!iI~.~S~ LLC shall also provtde wfi~:~'v~n~on ~'~['~verside County~ Fl0o3 Controh'
a.n.d Water ¢0nservation}District (I~C~.,~),&~g~)~,pE~!!i,on)gainst mowing anO
omer vegetauon removal aetlv~ttes wxthm the channels w~th the draft conservation easement
Or deed restxictiom )
l i. A nuugauon for impacts to 3;38 acres of waters of the U.S., Ashby USA LLC shall create at
teas~ 8i2 acres of Southern Willow s0n~b and freshwater marsh habitat within the 2'0l-aare '
p~e,~c ~a:gn site4 The mitigation area shall be located in an area that is currently
unvcg~;tated or previously di$ccd. Existing coastal sago scrub, or otber areas of native
Vegetation, shall not be cleared or graded as part ortho mitieation area
pl~ ~hall be subrrntted to th8 R~gional Board for approval priorto the star/~i'~nY g~adin~
'associated with fl'~e proposed project,$The mitigatiou plan shall include, but not bc limited to,
cross-sections of the mitigation area, planned hydrology, plantiug specifications omd palette,
irrigation regime if necessary, success criteria, and a maintenance and IttoIiitorillg program.
The nmnitoring program shall meet the requirements listed in Condition No. 11.
pl=Bngc fi~cnfing ~;fullt Sat~'o[ the ~ti~afion proj~t, ~ ~a si16 Q~ding and
~ not completed wi~n s~ wee~ of each oth~r, separate repo~ will be submitted
describing ~ose specific ~-buiIt con~o~.
13. ~e::eons~aon of the proposed ~figafion;Sh~ be completed wi~n the sine calen~ ye~
~s. i~pac3a .t~.wq~rs 9f me u.s..occur, o~ a least no !at~r t!,= 9 months following the
o~me;calenm ye~ in which impac~ tint aecuri(e.g., ff impae~ ~car in june 2003,
~6~;[~{~0, 0f :Mfigafion for ~1 iinpaC~ must be comple~d no later th= Septcm~r 20~).
[4, hc)mtigaaon ~ca;shall be momto~d at lc~t qumcrly during ~e~$**t~ye~ following
ms~!~fion se~,~nu~l~ d~ng ~e second ~fl tMrfl ve~$ and =~U-'~, ,~,a
the site h~ been ~eemed succcss~. ~tonng repo~:~Z ~ subn~f~fl nelate.'tlt~
6:33 PIe/ID9 DEC 13 '02 13:17
dl)l Ccrtlhc;m,,i, Pdt Nv. OIC 09! '
days following the end of the monitoring period. Monitorin§ reports shat] includc, but not bc
~ a. Names, qualifications, ~d affiliations of ~c persons con~busn~ m thc mpom
th: T~blcs p~cscnting ~h~ raw ~tu collcc~d in ~c field ~ well as ~yscs of ~hc physic~
~d biologic~ data;
~ e. Qualitafive~dquanOtafivecompmsonsofc~ent~figafioncon~tionswithpre_
consgucfion con.lions and previous nfitigation monitoring result,; ~d
d. Photodocumcntafion ~om established reference point.
15. Ashby USA, LLC shall submit, within 90 days of thc issuance o£ thls certification, a draft
cpnser~a!ion easement or deed msuiction that prohibits development wi[l~owing' and/or
Other activities fl~at would result in permanent or tcmpo~ al~t~~uitiga~on
area, '.)kshb~ USA, LLC sMI1 submit proof of a compiete~l ~°nservati°n easement or deed
restricliOn within one year of the issuance o£ this denifichiion.
16. Ashby USA, ]..LC shall fully implement the Final Water Quality Manasement Plan
(WQMP), dated September 26, 2002. Post-construction best management practices (BM?s)
that will be implemented to treat and control urban and storm water runoff from the
Roripaugh Ranch development include: four detention basins, grassy swales, fossil filtc~ in
12 storm drttins, storm drain inlets designed to reduce flow velocity and trap sediments, and
street sweeping. These BM?s will be implemented and maintained as described in the
'17. A Ho~nc Owners Association CHOA) will be establishcd prior to the issuance of thc final
occupancy pcmfit for this project. The HOA will be responsible for the mainten,'mce of all
di'ainagc facilities and BIrds outside of the public fight-of-way. The BMPs, ~naiutcnancc,
and other activilics dcscribcd in the WQMP shall be incorporated into thc Covenants, Codes,
and Restrictions (CC&Rs) to be adopted by thc HOA. Ashby USA, LLC sh,'tlI submit the
CC&Rs m thc Regional Board within 30 days of adoption.
18. For those drainage facilities within thc public right.-of.-way that will be maintained by the City
iof Temccula Public Works Department with HOA funding (i.e., fossil ['rite, rs), Ashby USA,
LLC shall submit, prior to occupancy, the maintenance agrcemcnt trod a written staicmcnt or
signature fi'Om the City of Temecula thai they have accepted the maintenance responsibility.
19. The HOA will own and maintain the ffnsite horse trail along the south aud east boundaries of
the site, including a crossing of Long Valley Wash. just west of the eastern site bom~dary.
The HOA will post and maintain signs on both sides of thc crossing prohibiting fidcrs from
traveling cast or west witlfin the chamtel. The HOA will remove horse, mamxc from the
:crossing bi-monthly and from the mst of the trails on a monthly basis.
20.1The detention basins shall be vegetated with native grasses (e.g., Distichilia sp.).
21. Prior to the initiation of .construction in ~aters of the U.S., Ashby USA, LLC shall submit to
the Regional Board any final requircmcfll& thc RCFCWCD and/or the City of Temccula has
6~J P~6/09 DEC 1~ '02 'IJ:18
401' Cu~lili~.dlluil bilc NO, UI~J-U~I ' '
placed on the project, This certificatio,n, dges not allow additional impacts to waters of the
U.S. based upon any RCFCWCD requfi'~m~nt other than those specifically authorized
Should the RCFCWCD require additionaflmpacts to waters of the U.S., Ashby USA, ~LC
must rcapply for a Scction 401 Water Quality Certification.
22. Tt~.s certification does not address dewatering; separate authorization will be required from
the Regional Board for any dewatering impacts.
REGIONAL WATER QUALITY CONTROL BOARD CONTACT PERSON:
Megan Fisher
California Regional Water Quality Control Board, Sun Diego Region
9174 Sky Park Court, Suite 100
San Diego, CA 92123
85g-268-$363
WATER QUALITY CERTIJF1CATION:
i hereby certify that the proposed discharge from the Roripaugh Ranch Residential Development
Project (File No. 01C-091, WDID No. 9 00001C091) will comply with the applicabk', provisions
o1' sections 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Linfitations"). 303
CWater Quality Standards and Lmplementation Plans"), 306 CNational Standards of
Performance"), m~d 307 ("Toxic and Preb'eatment Effluent Standards") of thc Clean Water Act.
The proposed project as conditioned is consistent with conditions specified in the Water Quality
Control Plan for the San Diego Basin (9) (Basin Plan) for a waiver of waste discha,'ge
requirements. Although the adoption of waste discharge requirements is being waived at this
time, we may issue waste discharge requirements should new information come to our attention
that indicates a water quality problem.
Except insofar as may be modified by any preceding conditions, all certification actions are
contingent on (a) thc discharge being limited and all proposed mitigation being completed in
strict compliance with the applicants' project des/'ription and/or on the attached Project
lnformation Sheet, and (b) on compliance with all applicable requirements of file Regional Water
1 Boarc)'~/Water Quality Cm~trol Plan (Basin Plan).
Joh~rl/R;bertus
Ex c{~tive Officer
Regional Water Quality Control Board · '. .
D ate
Attachments 1 and 2
· ' 6~3 P~x09 D~C 1J '0~ I~:18
401 ¢:crlifi~:alion l'li~ Nu. 01(2 0'.)I ·
Applicant:
Applicant
Representatiws:
Project Name:
Project Location:
Type of Projcct:
Project Description:
Federal Agency/Permit:
Other Required Regulatory
Approvals:
California Environmental
Quality Act (CEQA)
Compliance:
Rcceivin8 Water:
Ashby USA, LLC'
Richard Ashby
470 Harrison Street
Corona, CA 92789
909-898-1692
909-898~1693 (t)
Glenn Lukos Associates, Inc.
Darlene Shelley and Martin Rasnick
29 Orchard
Lake Forest, CA 92630
949-837-0404
949-837-5834 (0
Roripaugh Ranch Residegtial Development Project (File No. 01C-091,
WI)ID No. 9 00001C091)
The proposed project is located in thc City of Temecula in Riverside
County. Thc site is bounded by the proposed alignment of Murrieta Hot
Springs Road to the north, the proposed alignment cf Buttcrfield Stage
Road to thc soufli, Leon Road to tim west, and open space to the east, in
thc Bachelor Mountain qua~angle.
Residential Development
Ashby USA, LLC proposes to construct a r~idenfial con'mmnity
consisting of appro×imat-ly 2,058 single-family residential homes on
804.7 acres. The project also includes 15.4 acres of commercial uses, a
12-acre elementary school site, a 20-acm middle school site, a 5.l-acre
neighborhood park, a l g.7-acre community park, 9.1 acres of ptivate
recreational facilities, 202.7 acres of biological habitat, 56.6 acres of flood
control and landscaped slopes, and a 2-acre fire station. The proposed
project has a gross density of 2.56 units/acre and a net residential density
of 4.97 units/acre.
U.S, Army C~ of ~gincers/Section 404 Permit
California Department of Fish and Game Streambcd Alteration Agreement
The City of Telnecula approved the EIR on November 26, 2002.
Long Vallny Wash and Santa Genmdis Crock
"' 693 ~O~/09 DEC lB
· 101 C:ouhcaum~ Pile NO. ollE-09r '
Impacted Waters of thc
United States:
D?i:dge Volume:
Rdaled Projects
Implemented/to be
· Implemented by the
Applicant(s):
A. voidanceJMinimi;'~q flea
Measures:
Compensatory Mitigation:
Best Management
Practices:
he proposed proj?~ vnll lm.r~, entl~, impact 3,38 acres of wators of the
U.S., 0.50 of whic~~ are judsdicUonal wetlands.
Not applicable
Approximately 262 acres of thc project will be opcn space, 201 of which
will be preserved habitat as requircd in thc Assessment District 161 sub-
Regional Habitat Conservation Plm~.
Mitigation will Consist of creating 8.2 acres of southern willow scrub and
freshwater nmrsh habitat adjacent to Santa Gcrtrudis Creek, within thc
201 -acre preserve area.
Postdevelopmeut BMPs to treat urban runoff include water quality
swales, fossil filters, and four detention basins. Thc HOA will post and
~,~ntain signs on both sides of thc horse trail crossing of Long Valley
Wash ;md will remove horse manure bi-montldy front the crossing area
and monthly from the rcst of the trails.
· ' ~ ' 6:33 P09/09 DEC 1.3 '02 13:19
Robert Smith
A'I'I'ACHMI~NT 2
DIST~, TION LIST '
U,S. Army Corps of Engineers
Los Angeles District/Regulatory Branch
911 Wilshkc Blvd.
Los Angeles, CA 90017-3401
Ms. Darlene Shelley md Martin R~snick
Glenn Lukos Associams, Inc.
29 Orchard
Lake Forest, CA 92630
Mr. Pete~ Olah
Paradigm Eugiaeerh~g Group
427 E. Seventeenth Street #261
Costa Mesa, CA 92627
State Water Resources Control Board
Division of Water Quality
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY PERMIT
Permittees:
Ranch
Ashby USA, LLC and the Homeowners Association (HOA) for Roripaugh
Permit Number. 199915459-RRS
Issuing Office:
Los Angeles District
Note: The term "you" and its derivatives, as used in this permit, means the permittee or any
future transferee. The term "this office" refers to the appropriate district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official
acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project, Roripaugh Ranch, comprises an 805-acre project with 2,058
single-family residential units, commercial, parks, schools, habitat, flood control, and wetlands
mitigation within the City of Temecula (City). The project may impact but not exceed 3,38 acxes
of waters of the U.S. including 0.5-acres of wetlands. The 169-acre parcel comaxtonly referred to
as the "Panhandle" and the remaining 63&acxe parcel (the Pan) is under the jurisdiction of the
City. The existing zoning allows for up to 502 units on the Panhandle and 1,556 units on the
653-acre Pan parcel. Project includes all construction and operation and maintenance necessary
for three years per the special conditions.
Project Location: In tributaries and in Santa Gertrudis Creek and Long Valley Wash in Temecula,
Riverside County, California
Permit Conditions:
General Conditions:
1. The time limit for completing the authorized activity ends on March 20, 2006. If you find that
you need more time to complete the authorized activity, submit your request for a time extension
to this office for consideration at least one month before the above date is reached.
2. You must maintain ~ activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain-the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification from this permit from this office, which may require restoration of
the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing
the activity authorized by this permit, you must immediately notify this office of what you have
found. We will initiate the Federal and state coordination required to determine if the remains
warrant a recovery effort or if the site is eliga~le for listing in the National Register of Historic
Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. A conditioned water quality/waste discharge certification has been issued for yoar project,
you must comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the auff, orized activity at any time
deemed necessary to ensure that it is being or has been accomplished with the terms and
conditions of your permit.
Special Conditions:
1. The permittee shall implement and abide by the attached Section 10(a)(1)(B) Incidental Take
Permit (#TE030504-0), Habitat Conservation Plan (HCP), and Implementing Agreement (IA),
for the Roripaugh Ranch Development Project per the US Fish and Wildlife Service (Service)
letter to the Corps dated March 30, 2001 (1-6-00-F-29) for impacts to the Federally-listed as
threatened coastal California gnatcatcher and endangered Quino checkerspot butterfly, as
prepared by the U.S. Fish and Wildlife Service (USFWS) including: 1) the description of the
proposed action including all conservation measures, 2) all special terms and conditions of the
incidental take statement, and 3) reasonable and prudent measures. The permittee shall also
comply with the applicable 10a permit for the Stephens kangaroo rat. In order to legally take a
listed species, you have a separate authorization under the Endangered SPecies Act (ESA). The
enclosed permit contains mandatory terms and conditions to implement the project. Failure to
comply with the terms and conditions associated with incidental take of the permit, where a
take of the listed species occurs, would constitute an unauthorized take, and it would also
constitute non-compliance with your Corps permit. However the USFWS is the appropriate
authority to determine compliance with the terms and conditions of its take permit, and with
the ESA. For further clarification on this point, you should contact the USFWS. Should the
USFWS determine thai the conditions of the take permit have been violated, normally the
USFWS will enforce the violation of the ESA, or refer the matter to the Depa~-ha~ent of Justice.
2
2. The permittee shall submit final detail mass grading and drainage plans (Plans) for Corps
approval prior to the initiation of construction. These Plans shall be approved by the City of
Temecula and if the City make changes to the project the Corps and the Regional Board shall be
notified prior to initiation of construction. The Corps Regulatory project manager shall review
and approve or dis-approve (in writing or verbally) the Plans within 30 days of receipt or the
Plans shall be deemed approved. The Plans shall conform to attached permit drawings. The
pro,ct shall be constructed in accordance with the Corps approved Plans.
3. The permittee, the grading contractors, and the construction contractors, shall hold a pre-
construction conference (Corps and Service shall be invited) that will educate all personnel
involved with the project that any activity or deviation outside of the Site Plan shall be grounds
for permit suspension and that all special conditions of this permit must be abided by and
implemented concurrent and after construction. Any additional acreage impacted outside of
the approved Plans shall be mitigated at a 5:1 ratio offsite and the area shall be restored to its
original condition. In the event that additional mitigation is required, the type of mitigation
shall be determined and approved by the Corps and may include enhancement, restoration,
creation, or preservation. If such additional mitigation is required then the permittee shall
install the mitigation within 60 days of the Corps approving the additional mitigation.
4. The permittee shall employ ail standard Best Management Practices and standard
conditions of the Section 401 certification/Waste Discharge Permit Order (401 permit) dated
December 11, 2002 hereby incorporated by reference into this permit, to ensure that toxic
materials, silt, debris, or excessive erosion do not enter watercourses during project
construction and that the Final Water Quality Management Plan (WQMP) is implemented.
That the permittees shall construct and maintain basin(s) with constructed wetlands and
maintain the basins, filters, and wetlands in perpetuity per the 401 permit and WQMP. The
filters shall be maintained by the permittees in perpetuity and the Homeowners Association
(HOA) may take over the O&M require, ments of the WQMP but both permittees shall be
responsible for the O&M in perpetuity. The Permittee, Ashby USA, LLC, is responsible for the
WQMP until the permit is signed and transferred to the HOA via the transferee form attached
to the permit which shall serve as the co-permittee signed executed permit.
5. That Ashby USA, LLC shall implement the Final Mitigation Plan (HMlVIP) as prepared by
Glenn Lukos Associates dated July 25, 2002, concurrent with construction, for the creation of 6.7
acres of southern willow scrub and 1.5 acres of freshwater marsh wetlands. The plan shall be
implemented concurrent with construction and all invasive plants shall be removed prior to
completion of the housing project. The mitigation shall be maintained by the permittee for five
years or until it reaches its success criteria and is approved by the Corps; afterwards the City
shall own and maintain this mitigation site in accordance with the AD161 HCP Implementing
Agreement (IA) as a part of the 201-acre AD161 mitigation parcel. The perm~ttee shall submit a
copy of the deed recordation per the AD161 HCP IA within 30 days of this permit being
executed insuring that the mitigation site is dedicated in perpetuity.
6. Prior to initiating construction in waters of the U.S., the permittee shall submit a
performance bond to the Corps prior to initiation of construction ($550,000.~°~ to insure that all
elements of the WQMP and HMM~ of this permit are complied with including the successful
completion of the HMMP and the filters construction (as defined in the 401 permit) and O&2vl
for five years associated with the project. The bonding company must appear on the
3
Department of Treasury circular 570, Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and Acceptable Reinsuring Companies. For a current list of Treasury-
authorized companies, write or call the Surety Bond Branch, Financial Management Services,
Department of the Treasury, Washington DC 20227; (202) 874-6850. The performance bond shall
be conditioned such that if the applicant defaults on the mitigation requirements stated under
the special conditions of this permit, the bonding company shall assume all responsibility for
the mitigation and special condition requirements of this permit. The performance bond shall
be r~leased only upon a determirmtion by the Corps that successful mitigation and special
condition compliance has been completed. The permittee may request incremental releases of a
portion of the performance bond upon successful completion of portions of the mitigation and
monitoring requirements of this permit and annual payments made. The decision to release a
portion of the bond shall be at the sole discretion of the Corps based on performance and
success of the mitigation sites and achievement of mitigation mi/estones by the permittee.
7. If another entity wishes to assume responsibility for the mitigation or maintenance
measures described in the I-IIVIMP, this permit, and/or the 401 permit, that entity must send a
letter and new performance bond to the Corps indicating thei~ acceptance of said
responsibilities.
8. The permittee shall retain a Corps approved qualified biologist(s) to: 1) oversee all aspects of
grading and construction monitoring and mitigation plan implementation that pertain to
biological resource protection and proper avoidance of restricted areas, 2) ensure compliance
with the mitigation measures, and 3) implement and monitor the HMMP, WQMP, the USFWS
Take Permit, and conditions of this permit. The permittee shall construc[ a temporary fence
around the grading limits prior to initiation of construction to protect preserved and sensitive
areas. The Biological Monitor shall ensure that the fence cannot be easily removed and is in the
correct location. The permanent fence around the site shall be installed as soon as
grading/construction is complete. The Corps shall receive monthly verbal status reports as to
contractor compliance with these permit conditions and written annual reports. The permittee
shall insure that the biological monitor shall insure that all sensitive areas are avoided and that
invasive plants are removed per the HMMP.
9. The permittee shall implement a contractor education program to ensure that contractors
and all construction personnel are fully informed of the biologically sensitive resources
associated with the project site and are aware of the terms and conditions of this authorization.
A copy of this authorization, with the Special Conditions, shall be included in all bid packages
for the 'project and will be available at the work site at all times during periods of work and
must be presented upon request by any Corps personnel with a reasonable reason for making
such a request.
10. The permittee shall ensure that all vehicle maintenance, staging, storage, and dispensing of
fuel occurs in designated upland areas. The permittee shall ensure that these designated
upland areas are located in such a manner as to prevent any runoff from entering waters of the
U.S.
4
11. Permittee, prior to initiation of construction, shall notify the Corps in writing as to which
phases/Planning Areas (PAs) shall be developed and which PAs he does not own and plans to
sell. Any phases/PAs where conservation easements and/or mitigation is t~quired and the land
is not owned by the permittee may require that the Corps modify the Corps permit to allow for
the other-landowner to be either a co-permittee or a transferee of this permit.
Further Information:
1. Congressional Authorities. You have been authorized to undertake the activity described
above pursuant to:
( ) Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. l.lmits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local
authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or fights of others.
d. This permit does not authorize interference with any existing or proposed Federal
project.
3. !.imits of Federal Liability. In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or un-
permitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or un-permitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of
this permit.
4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
' b. The information provided by you in support of your permit application proves to have
been false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measure ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions. General condition I establishes a time limit for the completion of the activity
authorized by this permit. Unless there are circumstances requiting either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will normally
give you favorable consideration to a request for an extension of this time limit.
6
Your signature below, as pemittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
ASm4B¥-USA~.LLC~ a California limited liability company
Ashby Development Company, Inc., a California corporation
~anaging Member
~'~-~B_~ Justin K. Ashb~ DATE
President
This permit becomes effective when the Federal official, designated to act for the Secretary of the
Army, has signed below.
Dr. Fari Tabatabai
Acting Chief, Regulatory Branch
DA/'£ '
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
TRANSFEREE or HOA
DATE
·
STATE OF CALIFORNIA - THE RESOURCES AGENCY
Gray Oavis, Governor
DEPARTMENT OF FISH AND GAME
http://www.dfg.ca.gov
Eastern Sierra-Inland Deserts Region
75 Bird Farm Road
ino Hills, California 91709
one (909) 597-9823
Fax (909) 597-0067
February 3, 2003
Ms. Dadene Shelley
Glenn Lukos Assocaites
29 Orchard
Lake Forest, CA 92630-8300
Dear Ms. Shelly:
Enclosed is a copy of the second rev sed ~tteambed Alteration Agreemedt 6-2001-205 for
Butterfield Development Company. If they agree with the conditions/measures set forth in the
agreement, please make a copy, have them sign both copies, and return both to our office for
signature, at the above address. Written notice of your intent to commence project activities
needs to be provided to the Department at least five days in advance of commencing project
activities.
The California Fish and Game Code requires that you notify the Department in writing within
14 days of receipt of this Proposal as to its acceptability. If you do not respond within this time
period you will lose your right to request binding arbitration. For minor changes we suggest
you contact the person responsible for writing your agreement prior to sending the written
response.
If you have any questions regarding the proposed conditions please contact me at (909) 606-
2404. Thank you for your cooperation in this matter.
Scott Dawson
Staff Environmental Scientist
Habitat Conservation Planning, Region 6
STATE OF CALIFORNIA-THE RESOURCES AGENCY
Gra~' Oavis, Governor
DEPARTMENT OF FISH AND
http:/Awvw.dfg .ca.gov
?stern Sierra-inland Deserts Region
5 Bird Farm Road
ino Hills, California 91709
GAME
Notificatio~ No. 6-2001-205 (Revision 2)
February 3, 2003
AGREEMENT REGARDING PROPOSED STREAM OR LAKE ALTERATION
THIS AGREEMENT, entered into between the State of California, Department of Fish and
Game, hereinafter called the Department, and Richard Ashby representing Butterfleld
Development Company, address: 470 Harrison Street, Corona, CA 92789, phone: (909) 898-
1692, County of Riverside, State of California, hereinafter called the Operator, is as follows:
WHEREAS, pursuant to Section 1603 of California Fish and Game Code, the Operator, on
the 27 day of August, 2001, notified the Department that they intend to divert or obstruct the
natural flow of, or change the bed, channel, or bank of, or use material from the streambed(s)
of the following water(s): Santa Gertrudis Creek and Long Valley Wash, tributary to Murrieta
Creek, located within the City of Temecula, bounded by the proposed alignment of Murrieta
Hot Springs Road to the north, the proposed alignment of Butterfield Stage Road to the
south, Leon Road to the west, and open space within the University of California, Riverside
Parcel and Johnson Ranch to the east. Sections 20 and 21, Township 7 South, Range 2
West, USGS Map Bachelor Mountain.
WHEREAS, the Department (represented by Scott Dawson) has determined that such
operations may substantially adversely affect existing fish and wildlife resources including:
those songbirds, raptors, other birds, mammals, reptiles, amphibians, plants, and all
other aquatic resources and wildlife in the streambed/lake and associated area
affected by the proposed project in this agreement.
THEREFORE, the Department hereby proposes measures to protect fish and wildlife
resources during the Operator's work. The Operator hereby agrees to accept the following
measures/conditions as part of the proposed work.
If the Operator's work changes from that stated in the notification specified above, this
agreement is no longer valid and a new notification shall be submitted to the Department of
Fish and Game. Failure to comply with the/~rovisions of this agreement and with other
pertinent code sections, including but not limited to Fish and Game Code Sections 5650,
5652, 5937, and 5948, may result in prosecution.
Nothing in this agreement authorizes the Operator td trespass on any land or property, nor
does it relieve the Operator of responsibility for compliance with applicable federal, state, or
local laws or ordinances. A consummated agreement, does not constitute Department of Fish
and Game endorsement of the proposed operation, or assure the Department's concurrence
with permits required from other agencies.
STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205
January 21, 2003
This agreement becomes effective on date of Department's signature and terminates on
March 1, 2008, for the proposed project only. The Operator may request an extension of the
agreement annually for a 12~month period if additional construction time is necessary. The
extension shall be requested prior to the termination date of the agreement. This agreement
shall remain in effect for that time necessary to satisfy the terms/conditions of this agreement.
1. The following provisions constitute the limit of activities agreed to and resolved by this
agreement. The signing of this agreement does not imply that the Operator is precluded from
doing other activities at the site. However, activities not specifically agreed to and resolved by
this agreement, shall be subject to separate notification pursuant to Fish and Game Code
1600 et seq. '
Proiect/Site DeScription
2. The.Operator proposes to alter Santa Gertrudis Creek and Long Valley Wash to develop
2,058 residential units on 804.7 acres. Project impacts are 3.38 acres of waters of the State,
of which 0.83 acres consists of vegetated riparian habitat.
Mitigation and Monitoring Plan
3. Specific.work areas and mitigation measures are described on/in the plans and
documents submitted by the Operator and shall be implemented as proposed, unless
directed differently by this agreement.
4. Operator will create 6 acres of southern willow scrub and fresh water marsh habitat within
the 8.20-acre mitigation site within Santa Gertrudis Creek.
5. If impacts to DFG jurisdictial areas exceed that authorized in Conditions 3 and 4 of the
Agreement, the Operator shall mitigate at a minimum 3:1 replacement-to-impact ratio for the
impacts beyond those previously authorized by this Agreement. All mitigation shall be
approved by the Department.
6. The Department recommends that all planting be installed between October 1 and April 30
to minimize the need for irrigation and maximize benefits from the winter rainy season.
7. The Department recommends the use of~ative plants to the greatest extent feasible in the
landscaped areas adjacent and/or near the mitigation/open space areas and within or
adjacent to stream channels. The Operator shall not plant, seed or otherwise introduce
invasive exotic plant species to the landscaped areas adjacent and/or near the
mitigation/open space areas and within or adjacent t6 stream channels (minimum 100 foot
setback from open space areas and 150 foot setback from stream channels and dpadan
mitigation sites). Invasive exotic plant species not to be used include those species listed on
Lists A & B of the Califomia Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest
Ecological Concem in California as of October 1999." This list includes such species as:
pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed,
tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch
broom, and Spanish broom. A copy of the complete list can be obtained by contacting the
California Exotic Pest Plant Council at 32912 Calle del Tesoro San Juan Capistrano, CA
Page 2 of 8
STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205
January 21, 2003
92675.
8. The mitigation site(s) shall meet all the requirements below.
a.) All planting shall have a minimum of 80% survival the first year and 100% survival
thereafter and shall attain 80% cover after 3 years and 90% cover after 5 years. If the
survival and cover requirements have not been met, the Operator is responsible for
replacement planting to achieve these requirements. Replacement plants shall be monitored
with the same survival and growth requirements for 5 years after planting.
b.) The site shall not contain more than 5 percent exotic plant species for the Department
to deem the site successful. Exotic removal shall be conducted throughout the 5-year
monitoring and maintenance period. ~
c.) Irrigation of the mitigation site(s) may only be used to help the plants become
established during the first two years following planting. Watering/irrigation of the site(s) shall
be discontinued at least two years prior to completion of the monitoring period for the site(s)
to be deemed successful by the Department.
9. Ar~,.annual report shall be submitted to the Department each year for a minimum of 5 years~
a~fter,:planting and ~until the Department deems the mitigation site(s) successful This report
shall'inclUde (a) a description of the restoration activities done the previous year (including
revegetation and exotic species removal) and when they were conducted; (b) the survival,
pement cover, and height of both tree and shrub species planted; the number by species of
plants replaced, an overview of the revegetation effort, and the method used to assess these
parameters shall also be included; (c) The report shall also include information regarding
exotic vegetation removal including the amount removed, the amount removed and treated,
frequency and timing of removal and treatment, disposal specifics, and a summary of the
general success and failures or failure of the exotic removal plan. The report shall also
include wildlife observed at the site during monitoring surveys including sensitive species
and/or listed species. Photos from designated photo stations shall be included.
10. The mitigation site, as defined in Conditions 3 and 4 of this Agreement shall be preserved
in perpetuity through dedication according to the AD 161 SHCP Implementing Agreement.
11. A secudty (e.g. an irrevocable letter of credit, pledge savings account, performance bond,
or CD) for the amount of all mitigation measures shall be submitted to the Department within
· 90 days of signing this Agreement and pdor to commencing project activities. This amount
shall be based on a cost estimate which shill be submitted t° the Department for approval
within 60 days of signing this Agreement. The security shall be approved by the
Department's legal advisors prior to its execution. The legal advisors can be contacted at
(916) 654-3821.
Preiect Construction
12. In those project areas where nesting birds may occur, the Operator either shall not
re-move potential nesting dpadan vegetation from March 15 through July 30, or shall survey
all potential nesting dparian vegetation within the project site for active bird nests. If an active
bird nest is located the nest site shall be flagged or staked a minimum of 5 yards in all
directions, and this flagged zone shall not be disturbed until the nest becomes inactive,
unless otherwise directed by the Department (ref.: Fish and Game Codes 3503, 3503.5).
Page 3 of 8
STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205
January 21,2003
13. The removal or disturbance of soil, vegetation and vegetative debris from the streambed
or bank shall not exceed the limits approved by the Department, or as described in the
submitted _application.
14. Areas of disturbed soils with slopes toward a stream shall be stabilized to reduce erosion
potential. Where possible, stabilization shall include the revegetati°n of stripped or exposed
areas with vegetation native to the area. Planting, seeding and mulching is conditionally
acceptable. Where suitable vegetation cannot reasonably be expected to become
established, non-erodible materials may be used for such stabilization.
15. Vehicles shall not be driven or equipment operated in water covered portions of a stream
or lake or in wetted areas, or where wetland vegetation, riparian vegetation, or aquatic
organisms may be destroyed, except as otherwise provided for in the agreement and as
necessary to complete authorized work.
16. If a stream channel has been altered during project operations, its loTM flow channel shall
be returned as neady as possible to pro-project conditions without creating a possible future
streambed or bank erosion problem, or a fiat wide channel or sluice-like aroa. The disturbed
portions of any stream channel within the high water mark .of the stream shall be restored to
as near original condition as possible, except as otherwise indicated in the submitted
application or as directed by the Department.
17; Fill length, width, and height dimensions shall not exceed those of the original installation
or the original naturally occurring topography, contour, and elevation; fill shall be limited to the
minimal amount necessary to accomplish the agreed activities; fill construction materials
other than on~site alluvium, shall consist of clean uncontaminated soil, silt-free gravel, and/or
river rock; except as described in the submitted application or as otherwise specified in this
agreement.
18. Vegetation removed from the site shall not be stockpiled in the streambed/creek or on its
bank. The sites selected on which to push this material out of the stream should be selected
in compliance with the other provisions of this agreement. Where possible, suitable brush
piles may be left to provide wildlife habitat.
19. This agreement does not authorize the/~onstruction of any temporary or permanent dam,
structure, flow restriction or fill, except as described in the Operator's notification. Any
temporary dam, artificial obstruction, or other flow diversion shall be constructed from
materials, such as clean gravel or sandbags, Which w!ll cause little or no siltation. If
necessary, flow diversions shall be done in a manne{that shall prevent pollution, minimize
siltation and which shall provide flows to downstream reaches. Flows to downstream reaches
shall be provided during all times that the natural flow would have supported aquatic life.
Said flows shall be of sufficient quality and quantity to support existing aquatic life both above
and below the diversion. Normal flows shall be restored to the stream immediately upon
completion of work at that location.
20. Precautions to minimize turbidity/siltation shall be taken into account during project
planning and implementation. This may require that the work site be isolated and/or the
Page 4 of 8
STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205
January 21,2003
construction of silt catchment basins, so that silt, or other deleterious materials are not
allowed to pass to downstream reaches. The placement of any structure or materials in the
stream for this purpose, not included in the original project description, shall be coordinated
with the Department. Coordination shall include the negotiation of additional agreement
provisions.
21. Upon Department determination that turbidity/siltation levels resulting from project related
activities constitute a threat to aquatic life, activities associated with the turbidity/siltation, shall
be halted until effective Department approved control devices are installed, or abatement
procedures are initiated.
22. Spoil sites shall not be located within a stream/lake, where spoil can be washed back into
a stream/lake, or where it will cover aquatic or riparian vegetation. The Operator may remove
all human generated debris, such as lawn and farm cuttings, garbage and trash.
23. Structures and associated materials, including debris, not designed to withstand high
seasonal flows shall be removed to areas above the' high water mark before such flows occur.
24. No equipment maintenance shall be done within or near any stream channel or lake
margin where petroleum products or other pollutants from the equipment may enter these
areas under any flow.
25. The Operator shall comply with all litter and pollution laws. All contractors,
subcontractors and employees shall also obey these laws and it shall be the responsibility of
the operator to ensure compliance.
26. The clean-up of all pollution spills shall begin immediately. The Operator shall notify the
Department immediately of any spills and shall consult with the Department regarding clean-
up procedures and requirements.
27. All debris, bark, slash, sawdust, rubbish, silt, cement or concrete or washings thereof,
asphalt, paint or other coating, material, oil or other petroleum products, or any other
substances resulting from project related activities which could be hazardous to aquatic life or
waters of the state, shall be prevented from contaminating the soil and/or entering the waters
of the state. None of these materials shall be allowed to enter into or be placed within or
where they may enter or be washed by rain~ll or runoff into waters of the state. When
operations are completed, any excess materials or debris shall be removed from the work
area. No rubbish shall be deposited within 150.feet of the high water mark of any stream or
lake.
28. All provisions of this agreement remain in force throughout the term of the agreement.
Any provisions of the agreement may be amended or the agreement may bs terminated at
any time provided such amendment and/or termination is agreed to in writing by both parties.
Mutually approved amendments become part of the original agreement and are subject to all
previously negotiated provisions.
Page 5 of 8
STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205
January 21, 2003
29. If the Operator or any of the individuals mentioned above violate any of the terms or
conditions of this agreement, all work shall terminate immediately and shall not proceed until
the Department has taken all of its legal actions.
30. The Department reserves the dght to enter the project site at any time t~;ensure
complianoe with terms/conditions of this agreement.
31. The Operator shall provide a copy of this agreement to all contractors,
subcontractors, and the Operaf~or's project supervisors. Copies of the agreement shall
be readily available at work sites at all times during periods of active work and must be
presented to any Department personnel, or personnel from another agency upon demand.
32. The Operator shall notify the Department, in writing, at least five (5) days prior to
initiation of construction (project) activities and at least five (5) days prior to
completion of construction (project) activities. Notification shall be sent to the
Department at 330 Golden Shore, Suite 210, Attn: Streambed Team. Please reference SAA
# 6-2001-205.
Extension of A,qreement
33. The Operator shall request an extension of this agreement prior to its termination.
Extensions may be granted for up to 12 months from the date of termination of the agreement
and are subject to Departmental approval. The extension request and fees shall be
submitted to the Department's Region 6 Office at the above address. If the Operator fails to
request the extension prior to the agreement's termination then the Operator shall submit a
new notification with fees and required information to the Department. Any activities
conducted under an expired agreement are a violation of Fish and Game Code Section 1600
et. seq.
Suspension of Permit
34. The Department reserves the dght to suspend or cancel this Agreement, after giving
notice to the Operator, if the Department determines that the Operator has breached any of
the terms or conditions of this Agreement, or for other reasons, including but not limited to the
following: ~.
a. The Department determines that the information provided by the Operator in support of
the Notification/Agreement is incomplete or inaccurate;
b. The Department obtains new information that ~was not known to it in preparing the
terms and conditions of the Agreement;
c. The project or project activities as described in the Notification/Agreement have
changed;
d. The conditions affecting fish and wildlife resources change or the Department
determines that project activities will result in a substantial adverse effect on the
environment.
Page 6 of 8
STREAMBED ALTERATION AGREEMENT FOR NOTIFICATION NUMBER: 6-2001-205
January 21, 2003
Concurrence (6-200'1-205)
In WITNESS WHEREOF, the parties below have executed this Lake or Streambed Alteration
Agreement Number 6-2001-205 as indicated below:
Date
Richard Ashby
Butterfield Development Co.
Date
Prepared by:
Scoff Dawson
Staff Environmental Specialist
Department of Fish and Game
Date
Curt Taucher
Region 6 Manager
Department of Fish and Game
Page 7 of 8
EXHIBIT C-2
Obligations Accepted by City
Except as follows, Exhibit C-2 is intentionally left blank: The City of Temecula, expressly and
without exception, accepts no duty, liability, performance obligation or obligation to expend any
monies for obligations arising from, directly or indirectly, under the 401 Permit, the 404 Permit,
the 1603 Permit and the Assessment District 161 Multi Species Habitat Conservation Plan
("Plan").
11086-0097~729614 05/08/2003 C-2-1
EXHIBIT C-3
11086-0097X729614 05/07/2003 C-3-1
ATTACHMENT NO. 2
RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX
R:/Resos 2003/Resos 03-42 4
RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX
I Task Include Prior to Prior to
on the Recordation Issuance of
Deed of the Deed Grading Permit
for the
Roripaugh
Ranch Specific
Plan project
JCity shall grant Ashby reservations for the purpose of X
~improvements shown on the deed over the necessary portions
~of the property for grading, construction, and maintenance
/purposes.
~Ashby shall obtain approval of California Fish and Game X
[Department, US Fish and Wildlife Service, Army Corp of
~Engineers, and San Diego Water Quality Board, as required by
~these agencies, prior to the transfer of the 201-acre habitat
Jproperty to the City.
I Ashby shall submit to the City a Final Biologist Monitoring X
/Report approved by the US Fish and Wildlife Service, prepared
/and certified by a biologist to:
/ 1. Ensure that toxic species remain at baseline,
{ 2. Ensure that the property has not been degraded by off-
] road vehicles,
~ 3. Ensure that no illegal dumping has taken place.
~lf the biologist determines these conditions exist, Ashby is
~3bligated to take corrective actions prior to the recordation of
Ithe deed.
IAshby shall provide an update to the SID Geotechnical X
I Environmental Compliance Report dated February 25, 2002
I prepared by qualified engineer to ensure that the conditions
I described in the said SID report are still current.
I Ashby shall pay CNLM a total of $439,298.00 that includes X
153,200 for funding the interim management of the property and Changed by
[$436,098.00 for funding the long-term maintenance of the CC May 13,
J property. 2003
I Ashby shall provide the City assurance that a $99,600 bond X
Ihas been secured with CNLM to ensure the construction of the
I Interim Fence and the Temporary Fence. CNLM will release
Ithe bond when Ashby constructs the permanent fencing per
Ithe requirements of the Specific Plan.
ICity to record the conservation deed restriction to preserve the X
larea as habitat open space pursuant to AD 161 Agreement
I immediately after the recordation of the deed.
IAshby is responsible for installation and maintenance of X
I minimum 4' high Interim Fence ("snow fence") for the purpose
Iof controlling access and preserving the habitat areas prior to
L.and during the grading process. Ashby shall perform all
nditions re uired in re ards to the fencin . ______
R:/Resos 2003/Resos 03-42 5
Task Include Prior to Prior to
I on the Recordation Issuance of
Deed of the Deed Grading Permit
for the
Roripaugh
Ranch Specific
Plan project
Ashby shall notify the Service 10 days prior to habitat X
disturbance.
Ashby shall submit to the City a copy of the Habitat X
Management Plan approved by the US Fish and Wildlife
Service.
Ashby is responsible to install and maintain a 6' high temporary N/A N/A N/A
chain link fence within 10 days from the establishment of the
final grades in accordance with the rough grading plans along
the boundary of the property. Ashby shall remove this fencing
only when Ashby installs the permanent fencing.
The City shall provide a copy of the deed restriction to the N/A N/A N/A
Service within 30 days of recordation.
Ashby shall prepare and obtain approval of the City of N/A N/A N/A
Temecula Fire Department and all resource agencies including
the Fish and Wildlife Service for a Fire Management Plan and
submit it to the City within 60 days after the initiation of the
ground disturbance unless waived by the City's Fire Marshall.
efShby is required to comply with Mitigation Monitoring Program N/A N/A N/A
the FEIR for the Roripaugh Ranch Specific Plan including all
lated permits.
llshby is responsible for constr, ucting, maintaining, and N/A N/A N/A
onitoring the wetlands within City s property until such time
he resource agencies have accepted the mitigation area as
mplete.
shby shall be responsible for providing fundi.n,g for the N/A N/A N/A
aintenance of Santa Gertrudis Creek within Citys property
ntil the responsibility is transferred to the Roripaugh Ranch's
aster Home Owner's Association.
shby shall perform its grading and construction operations in N/A N/A N/A
ccordance with the provisions of the AD 161, and the 401,
04, and 1603 permits.
shby is responsible to pay for the maintenance of all fuel N/A N/A N/A
odification zones within the City's property until such time
hat another entity, approved by the City, initiates their
ayments for this maintenance.
R:/Resos 2003/Resos 03-42 6
EXHIBIT D
Form Of Grant Deed
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF TEMECULA
43200 Business Park Drive,
P.O. Box 9033
Temecula, California 92589-9033
Attention: City Clerk
[SPACE ABOVE FOR RECORDER'S USE ONLY]
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
This transfer is exempt from documentary Transfer Tax pursuant to Revenue & Taxation Code
Section 11922.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledge
, a ("Grantor") hereby grants to CITY OF
TEMECULA, a public body, corporate and politic, certain real property located in the City of
Temecula, County of Riverside, State of California, more particularly described on "Exhibit A"
attached hereto and incorporated herein by reference.
SUBJECT TO:
A. General and special real property taxes and assessments and supplemental
assessments for the current fiscal year; and
B. All matters of record.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below.
Dated:
a
By:
Nam. e:
Title:
11086-0097~729614 05/07/2003 D-1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On the __ day of ~ 2003, before me, ,
personally appeared , personally known to me (or proved to me on the
basis of satisfactopy evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity and that
by his signature on the instrument the person or the entity upon behalf of which the person acted,
executed the instntment.
WITNESS my hand and official seal.
Notary Public
SEAL:
11086-0097~729614 05/07/2003 D-2
EXHIBIT A
To
Form of Grant Deed
11086-0097~729614 05/07/2003 D-1
EXHIBIT E
Bill of Sale
For good and valuable consideration, the receipt of which is hereby
acknowledged, , a ("Grantor"), does hereby sell, transfer and
convey to ("City"), without recourse or warranty, any
and all personal property (the "Personal Property") owned by Grantor and used exclusively in
connection with the operation of that certain real property commonly known .,
Temecula, California, and more particularly described in Exhibit A attached hereto (the
"Property").
this
IN WITNESS WHEREOF, Grantor and City have executed this Bill of Sale as of
day of ,2003.
GRANTOR:
By:
Name:
Title:
CITY:
By:
Name:
Title:
11086-0097~729614 05/07/2003 E-1
EXHIBIT F
Right Of Entry And Access Agreement
THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this "Agreement") is
made and entered into as of ,2003, by ASHBY USA, LLC, a California
Limited Liability Company (herein called "Grantor"), and CITY OF TEMECULA, a general
law City and a public body, corporate and politic (herein called "City").
WITNESSETH:
WHEREAS, Grantor is the owner of the real property more particularly described on Exhibit A,
attached hereto and incorporated herein by reference (herein called the "Property");
WHEREAS, concurrently with the execution of this Agreement, Grantor and City contemplate
entering into a Purchase and Sale Agreement and Escrow Instructions related to the Property (the
"Purchase Agreement");
WHEREAS, City has requested the right of entry upon and access to the Property for the
purpose of undertaking tests, inspections and other due diligence activities (herein called the
"Due Diligence Activities") in connection with the proposed acquisition by City of the Property;
WHEREAS, Grantor has agreed to grant to City, and City has agreed to accept from Grantor, a
non-exclusive, revocable license to enter upon the Property to perform the Due Diligence
Activities in accordance with the terms and provisions of this Agreement;
WHEREAS, Grantor and City desire to execute and enter into this Agreement for the purpose of
setting forth their agreement with respect to the Due Diligence Activities and City's entry upon
the Property.
NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual covenants
and agreements contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Grantor and City do hereby covenant and agree as
follows:
1. Access by City. Prior to Entry City shall Demonstrate Insurance Coverage..
A. Subject to City's compliance with the terms and provisions of this Agreement,
until the earlier to occur of(i) ., 2003; or (ii) the earlier termination of this
Agreement, City and City's agents, employees, contractors, representatives and other designees
(herein collectively called "City's Designees") shall have the right to enter upon the Property for
the purpose of conducting the Due Dihgence Activities.
B. City expressly agrees as follows: (i) any activities by or on behalf of City,
including, without limitation, the entry by City or City's Designees onto the Property in
connection with the Due Diligence Activities shall not damage the Property in any manner
whatsoever or disturb or interfere with the rights or possession of any tenant on the Property, (ii)
11086-0097~729614 05/07/2003 F-1
in the event the Property is altered or disturbed in any manner in connection with the Due
Diligence Activities, City shall immediately return the Property to the condition existing prior to
the Due Diligence Activities, and (iii) City, to the extent allowed by law, shall indemnify, defend
and hold Grantor harmless from and against any and all claims, liabilities, damages, losses, costs
and expenses of any kind or nature whatsoever (including, without limitation, attorneys' fees and
expenses and court costs) suffered, incurred or sustained by Grantor as a result of, by reason of,
or in connection with the Due Diligence Activities or the entry by City or City's Designees onto
the Property. Notwithstanding any provision of this Agreement to the contrary, City shall not
have the right to undertake any invasive activities or tests upon the Property, or any
environmental testing on the Property beyond the scope of a standard "Phase I" investigation,
without the prior written consent of Grantor of a workplan for such "Phase H" or invasive testing.
If Grautor does not respond or reject any workplan within five (5) days of City's delivery of the
written workplan proposal to Grantor pursuant to the notice provisions of this Agreement, then
Grantor shall be deemed to have approved the submitted workplan and City may proceed with
such testing. If Grantor rejects such proposed workplan in whole or in part, then this Agreement
shall become null and void at the sole option of City, which option must be exercised by City's
giving Grantor written notice on or before ,2003 (being the same date as the end
of the Due Diligence Period under the Purchase Agreement). If City terminates this Agreement
under the foregoing provision, then neither party shall have any further rights, duties and
obligations hereunder, except City shall be entitled to a refund of the Deposit under the Purchase
Agreement.
2. Lien Waivers. Upon receipt of a written request from Grantor, City will provide
Grantor with lien waivers following completion of the Due Diligence Activities fi.om each and
every contractor, materialman, engineer, architect and surveyor who might have lien rights, in
form and substance reasonably satisfactory to Grantor and its counsel. To the extent permitted
by applicable law, City hereby indemnifies Grantor fi:om and against any claims or demands for
payment, or any liens or lien claims made against Grantor or the Property as a result of the Due
Diligence Activities.
3. Successors. To the extent any rights or obligations under this Agreement remain
in effect, this Agreement shall be binding upon and enforceable against, and shall inure to the
benefit of, the parties hereto and their respective heirs, legal representatives, successors and
permitted assigns.
4. Limitations. Grantor does not hereby convey to City any right, title or interest in
or to the Property, but merely grants the specific rights and privileges hereinabove set forth.
5. Notices. Whenever any notice, demand, or request is required or permitted under
this Agreement, such notice, demand, or request shall be in writing and shall be delivered by
hand, be sent by registered or certified mail, postage prepaid, return receipt requested, or shall be
sent by nationally recognized commercial courier for next business day delivery, to the addresses
set forth below the respective executions of the parties hereof, or to such other addresses as are
specified by written notice given in accordance herewith, or shall be transmitted by facsimile to
the number for each party set forth below their respective executions hereof, or to such other
numbers as are specified by written notice given in accordance herewith. All notices, demands,
11086-0097~729614 05/07/2003 F-2
or requests delivered by hand shall be deemed given upon the date so delivered; those given by
mailing as hereinabove provided shall be deemed given on the date of deposit in the United
States Mail; those given by commercial courier as hereinabove provided shall be deemed given
on the date of deposit with the commercial courier; and those given by facsimile shall be deemed
given on the date of facsimile transmittal. Nonetheless, the time period, if any, in which a
response to any notice, demand, or request must be given shall commence to mn fxom the date of
receipt of the notice, demand, or request by the addressee thereof. Any notice, demand, or
request not received because of changed address or facsimile number of which no notice was
given as hereinabove provided or because of refusal to accept delivery shall be deemed received
by the party to whom addressed on the date of hand delivery, on the date of facsimile transmittal,
on the first calendar day after deposit with commercial courier, or on the third calendar day
following deposit in the United States Mail, as the case may be.
6. Assignment. This Agreement may be assigned by City, in whole or in part.
7. Governing Law. This Agreement shall be construed, enforced and interpreted in
accordance with the laws of the State of California.
8. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be deemed an original, and all of such counterparts together shall constitute one and
the same instrument.
9. No Recording of Agreement or Memorandum of Agreement. In no event shall
this Agreement or any memorandum hereof be recorded in the Official Records of Los Angeles
County, Califomia, and any such recordation or attempted recordation shall constitute a breach
of this Agreement by the party responsible for such recordation or attempted recordation.
IN WITNESS WHEREOF, Grantor and City have caused this Agreement to be
executed and sealed, all the day and year first written above.
GRANTOR:
a
By
Name~
Title:
Date Executed:
Address for notices:
Telephone No.: (__) __
Facsimile No.: (__) __
With acopyto:
Telephone No.:
Facsimile No.:
CITY:
CITY OF TEMECULA
11086-0097~729614 05/07/2003 F-3
1
A general law City and a public body, corporate and politic
By:
Nalne~
Title:
Date Executed:
Address for notices:
With a copy to:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Attention:
Telephone No.: (909)
Facsimile No.: (909)
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071
Atm.: Peter M. Thorson, Esq.
Telephone No.: (213) 626-8484
Facsimile No: (213) 626-0078
11086-0097X729614 05/07/2003 F-4
EXHIBIT A
To
Right of Entry and Access Agreement
Legal Description of Property
11086-0097~729614 05/07/2003 F-5
RECEIVED: 5/ 7/03 10:15AM; ->CITY OF TEMECULA; #595; PAGE 3
05/0712003 10:51 9098981603 FIESTA
PAGE 03/i6
EXHIBIT "A"
DEDICATION OF HABITAT
AD-161-SHCP
That portion of the North one-half of the North one-half of Section 20, Township 7 South, Range 2 West,
San Bemardino Meridian, in the City of Temecula, County of Riverside, State of California, according to the
Official Plat of said Land filed in the District Land Office, described a~ follows:
Commencing at the Northeast comer of said Section;
thence along thc north linc of said Section North 88037'05'' West, 267.00 feet to the westerly line of the land
described in a Deed to the Metropolitan Water Distr/ct of Southern California recorded January 2, 1968 as
Instrument No. 27 of Official Records in the office of the County Recorder of said county and the TRUE
POI1NT OF BEGINNING;
thence along said the westerly line South 20013'05" West, 523.01 feet
thence leaving said westerly line, North 72°43'38" West, 14.42 feet to the beginning of a tangent curve,
concave southwesterly and having a radius of 1655.00 feet;
thence northwesterly 83.95 feet along said curve through a central angle of 02°54'23"
thence North 75°38'01'' West, 1274.67 feet to the beginning of a tangent curve, concave northeasterly and
having a radius of 1545.00 feet;
thence Northwesterly 312.72 feet along said curve through a central angle of 11°35'49";
thence North 64*02' 12" West, 200.00 feet to the north linc of said Section;
thence along said north line, South 88*37'05" East, 1983.53 feet the TRUE POINT OF BEGINNING.
RESERVING an easement for slope and drainage purposes, including construction and maintenance of
drainage infrastructure, said area to be delineated upon recordation of the final map for subdivision of
adjacent property.
ALSO RESERVING an easement for fuel modification purposes over any portion of the Propfrty rexluired to
perform fuel modification and brash clearance in accordance with applicable government requirements, said
area to be delineated upon recordation of the final map for subdivision of adjacent property.
ALSo RESERVING, for a period often (10) years, an easement for wetland or habitat mitigation purposes,
including construction, irrigation, grading, monitoring and maintenance, over any portion of the Property
approved for such purposes by any government entity, said area to be delineated upon issuance of said
government approval.
ALSO RESERVINO the right to reseed and maintain the Property in accordance with the AD-16 I-SHCP
Management and Maintenance Agreement, Assessment No. 006-001 and 006-003, issued by the County of
hverside on August 2, 1998.
ALSO RESERVING thc right to access thc Property for any of the above described purposes.
P:~A~ASHB0005\Legal De~scri ption s~lotaa, d o c
RECEIVED: 5/ 7/03 10:15AM; ->CITY OF TEMECULA; #595; PAGE 4
05/07/2003 10:5i 9898981693 FIESTA
PAGE 04/16
The above-described parcel of land contains approximately 12.45 acres.
That certain real property set forth at Exhibit "A" of this C-rant Deed shall be refen~l to herein as the
"Scrvient Tenement". Each of the easements reserved to Grantor. above, shall be an easement appurtenant to
that certain real property described at Exhibit "B" of this Grant Deed (the "Dominant Tenement"), and shall
be binding upon and mn with the Dominant Tenement and the Servient Tenement, Each of the easements
reserved to Grantor, above, shall be for the purpose(s) set forth within the reservation, and for access, ingress
and egress across, over and under the $ervient Tenement, as necessary to perform such work. Unless
otherwise set forth above, each easement shall be perpetual, but shall terminate when Grantor's obligation to
perform work upon the Servient Tenement, as described by each reservation of easement, shall terminate.
DAVID EVANS AND A.SSOCIATF~, INC,
Cliffo~ ~. Simental, PLS
L.S. No.5022 E pit .:. 2-31-05
P:~A~ASYqB 000.~Lega{ DescriptionsUotaa.doc
RECEIVED: 5/ 7/03 10:16AM; ->CITY OF TEMECULA; #595; PAGE 5
05/07/2003 10:51 9098981693 FIESTA
PAGE 85/16
N
PROPOSED SLOPE AND
DRAINA6E FAC/LIT,IES
S88, $7' 05~'E
19B3.53'
T.P. OoRo
N88*37'O5~'W
267,00'
PROPOSEO fO0' FUEL
I~OD/F/CAT/UN ZONE
MURRIETA
HOT SPRINGS
/ ~=.:
VICINITY MAP
rT'/~EASEMENT AREA DESCRIBED HEREIN
£ASEMENT AREA = t2.45 ACRES
EXHIBIT "B"
DAVID EVANS
N,ID ASSOCIATES,
R=1655,00'
SEE OETA
I
I
./
P,O.C.
NE CORNER
SECTION ZO
' 8EDTJDN
' 2J
J
E4S£/~NT TO ~ PER
/NSF NO. 20~89 REC $/?/60
EASEi~EN~ TO RC~
PER INST. NO. 01-$00194
R£C 6/Z,9/Ot ~
I
I
I
AD-161-SHCP
COUNTY OF RIVERSIDE
05/07/2003 10:51 g09898iGg3 FIESTA PAGE OG/1G
EXHIBIT "A"
DEDICATION OF HABITAT
AD461-SHCP
That portion of Sections 20, Township 7 South. Range 2 West, San BemardJno Meridian, in the
City of Temecula, County of Riverside, State of California, according to the Official Plat of said
Land filed in the District Land Office, described as follows:
Beginning at the Northeast corner of said Section 20;
thence along the east line of said Section 20, South 0°34'31" West 587.79 feet;
thence South 55026'06'' West, 37.04 feet to a point on curve, concave northerly and having a
radius of 2945.00 feet, a radial line of said curve to said point bears South 14°33'53" West;
thence Westerly 139.19 feet along said curve through a central angle of 2042'29'';
thence North 72043'38" West, 220.43 feet to the easterly line of the land described in a Deed to
the Metropolitan Water District of Southern California recorded January 2, 1968 as Instrument
No. 27 of Official Records in the office of the County Recorder of said county;
thence along said easterly line North 20013'05" East, 543.28 feet to the north linc of said Section
20;
thence along said north line, South 88°37'05'' East, 193.04 feet to the Poi.at of Beginning.
RESERVING an easernent for slope and drainage purposes, including construction and
maintenance of drainage infrastructure, said area to be delineated upon recordation of the final
map for subdivision of adjacent property.
AL~O RESERVING an easement for fuel rnodification purposes over any portion of thc
property required to perform fuel modification and brash clearance in accordance with applicable
governnrnent requirements, said area to be delineated upon recordation of the final map for
subdivision of adjacent property.
ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat
mitigation purposes, including construction, imgation, grading, rnonitoring and rnaintenance,
ovcwr any portion of the Property approved for such purposes by any government entity, said
area to be delineated upon issuance of said government approval.
ALSO RESERVING the right to re-seed and maintain the Property in accordance with the
161-SCttP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003,
issued by the County of rivarside on August 2, 1998.
ALSO RESERVING thc right to access the Property for any of the above described purposes.
P:XA~A. SHBOOOSXLegal De~fiptlons'dotbbSEC20.doc
05/07/2003 10:51 9098981693 FIESTA
PAGE
07/16
THIS DEDICATION IS SUBJECT TO that ccrtain 50.00 foot wide easement to the
Metropolitan Water District of Southern California recorded March 7, 1960 as Instrument No.
20189 of the official records of the County Recorder of Riverside County.
THIS DEDICATION IS SUBJECT TO that ce~ain 40.00 foot wide easement to Rancho
California Water Dislrict recorded June 29, 2001 as Instrument No. 01-300190 of the official
records of the County Recorder of Riverside County.
The above-described parcel of land contains approximately 3.80 acres.
That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to herein
as the "Servient Tenement". Each of the easement5 reserved to Grantor, above, shall be an
easement appurtenant to that certain real property described at Exhibit "B' of this Orant Deed
(the "Dominant Tenement"), and shall be binding upon and tun with the Dominant Tenement
and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the
purpose(s) set forth within the reservation, and for access, ingress and egress across, over and
under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth
above, each easement shall be perpetual, but shall terminate when Grantor's obligation to
perform work upon the Servient Tenement, as described by each reservation of easement, shall
terminate.
DAVID EVANS AND ASSOCIATES, INC.
Cffffo~l ~. Simental, PIS Date
L.S. No.5022 Expires: 12-31-05
p:~A'~A S FIB 0005'J..~gal Des~riptions',lotbbSEC20.doc
BS/B7/20B3 lB:SI 9098981693 FIESTA
PAGE 88/16
N
~] VERSIDE
O] T¥ OF
P.D.B.
NE COR
SEC 20
R=2945.00' L=139. 19'
220.45 '
1~,~. 04'
.,=7.04'
40' EASEMENT TO RC~/D I?ER INST.
NO. Of-$OOf94 REC 6/29/01
pROPOSED 100' FUEL
MODIFICATION ZONE
=ROPOSED SLOPE AND
DRAINAGE FACILITIES
EASEMENT
t
E4SEMENT PER~
t ! INST NO 20189
J ~zc
EASEMENT rD
RCED PER INST,
NO. 01-300194
REC
rE~'A NOT SPRINGS
~"'~'~EASEMENT AREA DESCRIBED HEREIN
EASEMENT ~REA = $.80 ACRE5
EXHIBIT "B"
DAVID EVANS
AND ASSOCIATES,
VICINITY MAP
DEDICATION OF
,H_ABITAT
AD 161-SHCP
CITY OF
COUNTY OF RNERSIDE
STATE OF CALI~ORN~
FIESTA
05/07/2003 10:5i 90989816~3
PAGE
09/16
EXHIBIT "A"
DEDICATION O1: HABITAT
AD-161-SHCP
That portion of Section 21, Township 7 South. Range 2 West, San Bemardino Meridian, in the
County of Riverside, State of California, according to the Official Plat of said Land fried in the
District Land Office, described as follows:
Beginning at the Northwest corner of said Section 21;
thence along the north line of said Section 21, North 88029'37" East, 814.77 feet to the
beginning of a non-taagem curve concave westerly and baying a radius of 1.945.00 feet. a radial
line of said curve bears North 64004'40'' East
thence Southerly 707.82 feet along said curve through a central angle of 20~51'03';
thence South 41016'45" West, 50.65 feet;
thence South 87°37'47'' West, 143.29 feet to the beginning of a tangent curve, concave northerly
and having a radius of 2945.00 feet:
thence Westerly 173.17 feet along said curve through a central angle of 3°22'09";
thence North 0o33'47'' East, 574.36 feet;
thence South 88°34'20'' West, 660.15 feet to the west line of said Section 21;
thence along said west line North 0°34'31" East, 145.09 feet to the Point of Beginning.
RF~ERVING an casement for slope and drainage purposes, including construction and
maintenance of drainage infrastructure, said area to be delineated upon recordation of the final
map for subdivision of adj aceut property.
ALSO RESERVING an easement for fuel modification purposes over any portion of the
Property required to perform fuel modification and brush clearance in accordance with
applicable government requirements, said area to be delineated upon recordation of the final map
for subdivision of adjacent property.
ALS O RESERVING, for a period of ten (10) years, aa easement for wetland or habitat
mitigation purposes, including constrncti.on, irrigation, grading, monitoring and maintenance,
over may portiorl of the Property approved for such purposes by any govermnent entily, said area
to be delineated upon issuance of said government approval.
p:Ea,~ASHB 0005'~.Le g al Descriptions\lotbbSEC21 .doc
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PAGE 10/16
ALSO RESERVING the right to reseed and maintain the Property in accordance with the AD-
161-SHCP Management and Maintenance Agreement, Assessment No. 006-001 and 006-003,
issued by the County of riverside on August 2, 1998.
ALSO RESERVING the right to access the Property for any of the above described purposes.
THIS DEDICATION IS SUBIECT TO that certain 40.00 foot wide easement to Rancho
California Water District recorded January 24, 2002 as Instrument No. 02-042151 of the official
records of the County Recorder of Riverside County.
The above-described parcel of land contains approximately 6.80 acres.
That certain real property set forth at Exhibit "A" of this Orant Deed shall be referred to herein
as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an
easement appurtenant to that certain real property described at Exhibit "B" of this G-rant Deed
(the "Dominant Tenement"), and shall be binding upon and mn w.itb the Dominant Tenement
and the Servient Tenement. Each of the easements reserved to Grantoh above, shall be for the
purpose(s) set forth within the reservation, and for access, ingress and egress across, over and
under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth
above, each easement shall be perpetual, but shall terminate when Grantor's obligation to
perform work upon the Servient Tenement, as described by each reservation of easement, shall
terminate.
DAV EVANS AND ASSOCIATES, I~C.
Cliffo~ X. siraental, I>13 Date
L.S. No.5022 Expires: 12-31-05
P:~A'iASHB0005'O.,egal DescfiptionsgotbbSEC21 .doc
m
85/87/2663 10:51 9098981693 FIESTA
PAGE
11/16
(~ S87'$7'47"1Y 143.29'
(~ ~=$°22'09" R--2945.00' L=175.17'
bOUNTY OF'
C, ITY OF'
P.O.B.
SEC 2 t
40' EASEMENT TO
RCFD PER INST.
NO. 02-042151
-- REC 1/24/2002
/NS5 77'
660.15'
588'$4'20'W
[PROPOSEO 100'
MoDIFICATION
PROPOSED SLOPE
AND DRAINAGE
FACILITIES
EASEMENT
£ASEIIEN~' PER
INST NO 201E9
REC, 3/7/60
I
~'~'40' £A$£MENI' TO
RC~ PER INST.
NO. 01-3000194
REC 6/29/01
SEDTJ D]¥ 20
SPR
N64 "04 ~_4.._0_~E___
PROPOSED SL OPE
ORA INA GE
TIES
EASEMENT
'o4
100' FUEL
MODIFICATION ZONE
S41 ° 16 '45#W
50.65 '
S~ED T/O]\J 2 J ~u~l~',~
~HOT SPRINGS
~EASEMENT AREA DESCRIBED HEREIN
£ASEUENT AReA - 6.80 ACRES
m~,l EXHIBIT "B"
~...~AND ASSOCIATES, J~
VICINITY MAP
DEDICATION OF
HABITAT
AD-161-SHCP
COUNTY OF RiVERS~E
STATE OF CALIF__' .,.--,
85/87/2883 10:51 9898981693 FIESTA
PAGE 12/16
DEDICATION OF HABITAT
AD-161-SHCP
That portion of Section 21, Township 7 South. Range 2 West, San Bemardino Meridian, in the
County of Riverside, State of California, according to the Official Plat of saicl Land filed in the
District l_z~d Office, described as follows:
Commenting at the Northwest corner of said Section 21;
thence along the north line of said Section 2 I, North 88029'37" East, 958.80 feet to the TRUE
POINT OF BEGINNING;
thence continuing North 88029'37'' East, 4337.60 feet to the northeast comer of said Section 21;
thence along the east line of said Section, South 0°59, 15" West, 1959.71 feet;
thence North 89°26'30" West, 331.31 feet; thence Sooth 60°42'39" West, 96.06 feet;
thence North 89°10'21" West, 92.70 feet; thence North 5040'54" West, 142.81 feet;
thence North 37018'47" East, 85.50 feet; thence North 25°31' 18" East, 112.71 feet;
thence North 8° 11 54" East, 112.76 feet; thence North 0°50'32" West, 262.15 feet;
thence North 22°54'31" West, 192.56 feet; thence North 40°55'28" West, 372.57 feet;
thence North 24° 16'06" West, 163.27 feet; thence North 80°11'52" West, 146.69 feet;
thence South 59°53'21" West, 91.23 feet; thence South 31008'49'' West, 146.57 feet;
thence South 03°09, 12" West, 69.52 feet; thence South 27°42'32" East, 157.42 feet;
thence South 49° 18'18" East, 61.50 feet; thence North 68029, 19" East, 150.04 feet;
thence South 41058'23" East, 153.10 feet; thence South 30°10'17" West, 129.03 feet;
thence South 46° 17' 16" East, 70.83 feet; thence South 10°59'54" East, 41.74 feet;
'thence South 71°33'56'' West, 183.58 feet; thence South 55°57'01" West, 292.00 feet;
thence South 45o27'34" West, 97.37 feet; thence South 40°50'06" West, 160.77 feet;
thence South 51°06'09'' West, 146.91 feet; thence South 61°56'22" West, 264.03 feet;
P:XA",AS HB 0005~Legal De.~riptions~l otcc.d o c
05/07/2003 10:51 9050901693 FIESTA
PAGE 13/i6
thence North 83°50'16'' West, 159.06 feet; thence North 90000'00" West, 283.29 feet;
thence South 81°26'09'' West, 356.89 feet; thence South 72°09'30'' West, 161.36 feet;
thence South 57°40'46" West, 87.87 feet; thence South 83'31'23" West, 386.16 feet;
thence North 84o12'29" West, 129.22 feet; thence South 84027'26" West, 193.91 feet;
thence South 63°56'06'' West, 113.99 feet; thence South 89041'59" West, 162.15 feet;
thence South 74°40'27" West, 84.91 feet; thence South 47°54'01" West, 206.41 feet;
thence South 81'36' 13" West, 465.73 feet; thence South 71°51'23" West, 60.57 feet;
thence North 64009'59" West, 11.6.35 feet; thence North 38015' 19" East, 77.68 feet to the
beginning of a tangent curve, concave westerly and having a radius of 1677.00 feet;
thence Northerly 1102.66 feet along said curve through a central angle of 37040' 23";
thence tangent to said curve, North 00034'56" East, 350.12 feet to the beginning of a tangent
curve, concave westerly and having a radius of 2077.00 feet;
thence Northerly 901.25 feet along said curve through a central angle of 24°51'42" to tee TRUE
POINT OF BEGINNING.
RESERVING an casement for slope and drainage purposes, including construction and
maintenance of drainage infrastructure, said area to be delineated upon recordation of the final
map for subdivision of adjacent property.
ALSO RESERVING an ea~sement for fuel modification purposes over any portion of the
property required to perform fuel modification and brash clearance in accordance with applicable
government requirements, said area to be delineated upon recordation of the final map for
subdivision of adjacent property.
ALSO RESERVING an easement for construction, maintenance and traversal of a Fire Road
over that portion of the Property designated by said purposes by any governmental agency with
responsibility for the provision of fire service, said area to be delineated upon issuance of said
governmental approval.
ALSO RESERVING, for a period of ten (10) years, an easement for wetland or habitat
mitigation purposes, including construction, irrigation, grading, monitoring and maintenance,
over any portion of the Property approved for such purposes by any government ent/ty, said area
to be delineated upon issuance of said government approval.
P:~A~ASHB0005~Legal Dcscriptions~lotcc.doc
85/87/2883 I0:51 9098981693 FIESTA
PAGE 14/16
ALSO RESERVING an easement for grading, realignment and construction of Santa Gertmdis
Channel in accordance with approved governmental plans, said area to be delineated upon
recordation of the final map for subdivision of adjacent property.
ALSO RESERVING for a period of four (4) years, a temporary easement for rehabilitation and
restoration of the airfield over the area shown on the map attached as Exhibit B.
ALSO RESERVING the right to access the Property for any of the above described purposes.
The above-described parcel of land contains approximately 179.55 acres.
That certain real property set forth at Exhibit "A" of this Grant Deed shall be referred to herein
as the "Servient Tenement". Each of the easements reserved to Grantor, above, shall be an
easement appurtenant to that certain rea/property described at Exhibit "B" of this Grant Deed
(the "Dominant Tenement"), and shall be binding upon and run with the Dominant Tenement
and the Servient Tenement. Each of the easements reserved to Grantor, above, shall be for the
purpose(s) set forth within the. reservation, and for access, ingress and egress across, over and
under the Servient Tenement, as necessary to perform such work. Unless otherwise set forth
above, each easement shall be perpetual, but shall terminate when Grantor's obligation to
perform work upon the Servient Tenement, as descr/bed by each reservation of easement, shall
terminate.
DAVID EVANS AND ASSOCIATES, INC.
Cliffo~t ~. Simental, PLS Date
L.S. No.5022 Expires: 12-31-05
P:~AkASHB000$kLcgal Dcscriptions~lotcc.doc
05/0712003 i0:5i 90900@1093 FIESTA
PAGE 15/16
~ P.O.C. T.P.O. 8,
~ / N88o29'$?#£ 4337.60'
H~Se~S ~N83'50~16~ 159,06~ ~ S89,4~59.W 162,15t
r~ ~ . ~SSl*26'Og'~ 356. S9' ~ S4r'S4'O~"~ ~os.4t'
~ ~u~ ' ~S57'~0 4~ · B7.87' ~ S~t'51'~3"~ 60.57'
~ClN~ MAP J ~ N0'34'5~ "~ ~50. 12'
~ ~4'5t'42~ R~077.00' L~Ot.25
~ E~EMENT ~EA ~ESCRIBED HEREIN
E~EM~NT ~EA 179.55 ACR~S
EXHIBIT "B" ~ DEDICATION OF
H~ITAT ~o~1
~-161-SHCP
DAVID EVeS
~D ~SOCIATES, ~ ~Y ~ mv~
05/07/2003 10:5i 9098981693 FIESTA PAGE 16/16
SEC .21
/
~,~ N88'29'37#1~ 4337, 60' ~ /
~N89'Z6'3O'W 33f,~f' ~NSO'f1'SZ'F 146.69 ~571'3~'5~'F 183.58'
~S60'42'39'W 96.06' ~559'sJ'z~'w 91.23'
~NOS'4O'54*W ~42.81' ~503'09'IZ~W 6~.52' ~540'50'06~F f60.77'
~N25'31'~0% ~f2.71' ~S49'fO'fO'E 61.50' ~S6f'm6'z2'w 264.03'
~NOE'I1'54*E 1t2,76' ~N68'29'l~E 150,04' ~N83'50'16'~ 159.06'
~NOO,50'3Z~ Z6Z, fS' ~S41'58'23'E 153.10' ~N90'O0'O0~ 283.29'
~NZZ'54'~I~W IEZ, 56' ~$30'10'17'F 1Z9.03' ~$al'26'og*F 356.89'
~N40*55'28~F 372.57' ~$46*17'f6=E 70.83' ~S72,09'30~ 161.36'
~ EASEMENT ~EA ~ESCRIBED HEREIN
E~E~ENT ~[A ~79.S5 AC~ES
~0005
-161-SHCP
DAVID EVeS ~
~D ~SOCIATES, ~
EXHIBIT G
Certain Definitions
Environmental Laws means all federal, state, local, or municipal laws, roles, orders,
regulations, statutes, ordinances, codes, decrees, or requirements of any government authority
regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous
Substance (as later defined), or pertaining to occupational health or industrial hygiene (and only
to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations
relate to Hazardous Substances on, under, or about the Property), occupational or environmental
conditions on, under, or about the Property, as now or may at any later time be in effect,
including without limitation, the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA) [42 USCS 3~3~ 9601 et seq.]; the Resource Conservation and
Recovery Act of 1976 (RCRA) [42 USCS 3~3~ 6901 et seq.]; the Clean Water Act, also known as
the Federal Water Pollution Control Act (FWPCA) [33 USCS 3~3~ 1251 et seq.]; the Toxic
Substances Control Act (TSCA) [15 USCS ~ 2601 et seq.]; the Hazardous Materials
Transportation Act (HMTA) [49 USCS ~ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide
Act [7 USCS 3~3~ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS
6901 et seq.]; the Clean Air Act [42 USCS 3~3~ 7401 et seq.]; the Safe Drinking Water Act [42
USCS 3~.~ 30Of et seq.]; the Solid Waste Disposal Act [42 USCS 3~3~ 6901 et seq.]; the Surface
Mining Control and Reclamation Act [30 USCS 3~.~ 1201 et seq.]; the Emergency Planning and
Community Right to Know Act [42 USCS $$11001 etseq.]; the Ocenpational Safety and Health
Act [29 USCS.~ 655 and 657]; the California Underground Storage of Hazardous Substances
Act IH & S C 3~3~ 25280 et seq.]; the California Hazardous Substances Account Act IH & S C
25300 et seq.]; the Califomia Hazardous Waste Control Act IH & S C 3~3~ 25100 et seq.]; the
California Safe Drinking Water and Toxic Enforcement Act IH & S C 3~3~ 24249.5 et seq.]; the
Porter-Cologne Water Quality Act [Wat C 3~.~ 13000 et seq.] together with any amendments of or
regulations promulgated under the statutes cited above and any other federal, state, or local law,
statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health
or industrial hygiene, and only to the extent that the occupational health or industrial hygiene
laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Property,
or the regulation or protection of the environment, including ambient air, soil, soil vapor,
groundwater, surface water, or land use.
Hazardous Substances includes without limitation:
1) Those substances included within the definitions of hazardous substance,
hazardous waste, hazardous material, toxic substance, solid waste, or pollutant or contaminant in
CERCLA, RCRA, TSCA, HMTA, or under any other Environmental Law;
2) Those substances listed in the United States Department of Transportation
(DOT) Table [49 CFR 172.101], or by the Environmental Protection Agency (EPA), or any
successor agency, as hazardous substances [40 CFR Part 302J;
3) Other substances, materials, and wastes that are or become regulated or
classified as hazardous or toxic under federal, state, or local laws or regulations; and
11086-0097~729614 05/07/2003 G-1
4) Any material, waste, or substance that is
(i) a petroleum or refined petroleum product,
(ii) asbestos,
(iii) polychlorinated biphenyl,
(iv) designated as a hazardous substance pursuant to 33 USCS § 1321 or listed
pursuant to 33 USCS § 1317,
(v) a flammable explosive, or
(vi) a radioactive material.
11086-0097~729614 05/07/2003 G-2
EXHIBIT H
List of Environmental Documents
11086-0097~729614 05/07/2003 H-1
05/07/2003 11:25 9098981S93 FIESTA
PAGE 02/08
SID EOTECflflICR L, INC.
Soil Engineering, Environmental Engineering, Materials Testing, Geology
May 7, 2003
Project No. 990057-O1
1'O:
Ashby USA, LLC
470 Fp~-I in Stoat
Corona, Callfomla ~7g
AUention: Mr. Men Tran
SUBJECT:
Gradient Engjneem, In-'., 1egg, "Phase i Environmental Site
Aesee. mz~em Report', Approximate 800-Acm Ro~paugh Ranch,
Riverside County. CaMomia, Prc~ No. 993070001, June 30,
1999.
$10 GeetoehnicaL Inc., 2002, 'Environmental C~m'~pllance
Report', Rc~paugh Ranch, Apflraxim~ely 800 a,~ree, RJvemide
County, Cafifomia, Project NO. 990067-O1, dated February 25,
2002,
As you are aware, the environmental eond]l~ of ~he subject 800.acre pmeerty
was evaluated and mmeo'lated as reDofted fll the ,'~;;=fenr.,ed reports. Pursuant
to yOur request, we have re-vi~ted tile propelty to co~nll'n that ~ eflvlmnmerltal
cond~one have remained favorable as nataU in our referenced <x~mplJanoe le~r.
.Our field rec~nnalssa, tce, cm~ducted May 6, 2003, car~mm hat the site remabe
,n a similar condition as reported and all areas of environmental concern have
been mmeoiated aad,~lCl~l'ly.
Spe~fically addressed am the Dedication of Habitat amc AD-161-,.~HCP which
a~ ~t ~e~ m porn ~ ~~ ~at ~ ~,~n~on or h~ in
the~p~nt~nd~. Weh~ ~b~8 ~)~l~
~n ~ Hab~ a~.
7265 Jurupa Avenue. Suite "E" Riverside, California 92504 Tel: (g0g) 68g-2300 Fax: (99g) 688-t060
~.~!.d_g~...e~,c..~,..m..,.contact: fnf~s doeo. com
RECEZVEO: 5/ 7/03 IO:50AM; ->CITY OF TEMECULA; #§00; PAGE 3
05/07/2003 11:26 909@gS1G$3 FIESTA
PAGE 03/88
.*7
We aW thl~ ~ra4nlty t~ be of =m~aed sorvi~ m ~ie project. Should
you have que~tons, or requite additional infom~tion, please coflta~t our ~
Attaclm~nt~: Exhibit B (5 sheets)
RECEIVED: 5/ 7/03 IO:50AM; ->CZTY OF TEMECULA; #600; PAGE 4
05/07/2003 11:26 ~098981~93 FIESTA
PAGE 04/08
(~ 587°57'4Z"W
143.29'
R=~945.00'
DOLINTy OF
~I TY
P.O.8.
40' EA~Et4~NT TO
RC#O PER
NO, 02-042151
I /Z 4 /ZO0~'
f4,??'
N$4,04,40~"E
PROPOSEO SLOPE
50. $$'
I
DAVID /VANs
R~ ASSOCIATF_~.
EXHIBIT
IIE~II
DEDICATION OF
HABITAT
~D-161-$HCP
05/07/2003 11:26 9098981693 FIESTA PAGE 85/08
(~) IVl'2' 43 ' $O "IV
(~
Z~.O. 43 '
$?,0~1'
TO RC~OIPER
fO0~ IrlJEI.
aND
85/07/2003 li:26 9098581693 FIESTA
PAGE 0G/05
OR41Ha~E F,4CI.' I~'IE$
tOO'
SEOTI ON 20
'/
i
i ,2.1
DAVID EVANS
~ ~SSOC~ATES,
EXHIBIT
DEDICATION .OF
.HABITAT
AD-161~SHCP
RECEIVED: 5/ 7/03 10:51AM; ->CITY OF TEMECULA; #600; PAGE 7
85/87/2003 11:26 9898981693 FIESTA
PAGE 07/08
I~o04
AREA O~CRIBI~O
,q~EA - 179.55
DAVID EVA~IS
AND ASSOCIATES,
EXHIBIT
DEDICATION OF
HABITAT
AD-161-SHCP
05/07/2003 ii:26 9098981693 FIESTA
PAGE
68/08
DEDICATION
I EXHIBIT HABITAT
)Awo £v~s "B" AD-161-SHCP
, ,,, , ,, BTA~ G~
S°il*Engineering' GeologY' Enuir°nrnent~ Engineering
February 25, 2002
TO: Ashby USA, LLC
470 East Harrison Street
Corona, California 92879
Project No. 990057-01
........ A'I-FENTION: '- -Mr. Vien Tran ~ -
SUBJECT: Environmental Compliance Report,
Acres, Riverside County, California
Rodpaugh Ranch, Approximately 80L
REFERENCE:
Gradient Engineers, Inc. 1999, "Phase I Environmental Site Assessment
Report, Approximately 800-Acres, Roripaugh Ranch, Riverside County,
California." Project No 99307-001, Report Dated June 30, 1999.
in accordance with your authorization, SID Geotechnical, inc. has conducted oversight for
environmental compliance of the subject property. Our work was conducted in accordance with
the referenced Phase I Environmental Site Assessment performed by Gradient Engineers. Inc.
(June 30, 199.0).
Our scope of work included review of the referenced report, conducting site v.i~its, take color
photographs, and soil analytical testing. A summary of our findings, c~ndusions and
recommendations are attached.
Should you have any questions or concems regarding this report, please do not hesitate to call
this office. We appreciate this opportunity to be of service.
Very truly yours,
SID Geotechni, I, Ir
C
Distribution: [41
Attachments:
Selected
Telephone Correspondence Letter
7265 Jurupa.Avenue, Suite E.~',- RiverSide, CA 92504 · Tel: (909] 6eB-2300 · Fax: (BO9) 68B-1060'
Environmental Compliance Report
Roripaugh Ranch, Riverside, California
990057-01
February 25, 2002
SLIMMARY OF C)UR RF:VIFW
in summary, the Phase I Environmental Site Assessment concluded that the subject'pr(~perty
exhibits "evidence of recognized environmental conditions" related to waste oil containers,
solvent contairiers, stained soil, above ground storage tanks (AST's), and stockpiles of trash
including, but not limited to wood, metals, tires, and rusted 55-gallon drums.
In addition to the clean up of these identified environmental conditions, Gradient Engineers, Inc,
has made the following recommendations for environmental compliance:
The Property owner is to notify the Riverside County DEH prior to clean-up of any TPH
impacted soils and properly mitigate the petroleum impacted soils in accordance with
the DEH requirements.
· The property owner is to notify the San Diego RWQCB prior to the removal of the fuel
AST's from the site.
· Remove and dispose of the abandoned materials from the site in accordance with
appropriate local, state and federal requirements.
Each of these recognized environmental conditions are addressed below:
The project remediation contractor, Olah Engineering, Inc. of Upland, California
reportedly contacted !be RNerside Cour~ty DEH prior to removal of the TPH impacted
soil. The DEH indi~t"~J'~at~{~t=~¢b-~tati~e~eed.n0t,be, pi-~"ent during removal of
the TPH impacted s~ii. D6cumentati°n of their telephone conversation is attached for
review.
Similarly, the Riverside County DEH reportedly explained to Olah Engineering, Inc. that
the gan Diego R~WQCB need not be ~ntacted n regard to the AST's. Documentation
of th s commun cat on s a so attached for rev ew.
The abandoned material, including the TPH impacted soil, identified by the Gradient
Engineers, Idc. report has been removed from the site and properly disposed, Copies of
transportation manifests and recycling or disposal certificates are attached. The diesel
AST's, which were reportedly in good condition, were sold to private entities and
transported off-site accordingly.
SID Geotechnical, Inc. Page 2
Enviionmental ~ompliance R~port
Roripaugh Ranch, Riverside, California
990057-01
Februa~ 25,2002
Following removal of the TPH impacted soils (designated as locations SS1 through SS8
- see attached site plans), our office was contacted to conduct confirmatory samples.
Locations SS1, SS3, SS4, and SS8 yielded non-detectable concentrations of
hydrocarbons at the bottom of the excavations. Additional impacted soil was [emoved
from locations SS2, SS5, SS6, and SS7. This work was aided with field screening for
hydrocarbons using an organic vapor meter (OVM) to a~sure complete removal of the
impacted soil. Confirmatory samples at the bottom of the excavation yielded non-
detectable concentrations of hydrocarbons. The analytical test results conducted by a
state certified independent laboratory are attached.
A final site visit was conducted by our field personnel to confirm that the abandoned
materials identified by Gradient Engineers, Inc. have been removed from the site.
Photographs of the site confirming the removal of the identified material are attached for
review.
AI')DITIQNAL RECQMMFNDATION~
Please note that any future site development or construction activities should be monitored by a
representative of SlD Geotechnical Inc, or a qualified environmental consultant to identify areas
of possible contamination such as, but not limited to, the presence of underground facilities,
buried debris, stained soils, waste drums, tanks, or odorous soil. In the unlikely event that such
materials are er~countered, further investigation and analysis may be necessary at that time.
We appreciate this opportunity to be of service on this project. Should you have any questions,
or require additional services, please contact our office.
SID Geotechnical, Inc.
Page 3
~nviro - Chern, Inc.
1214 E: Lexington Avenue,' Pomona, CA 9'/766 Tel (90g) 590-5905
Fax (9o9) 59o-59o7
Date: February 11, 2002
Mr. Christopher Krall
RGS Engineering / Geology
290 N. Benson Ave., Suite 13
Upland, CA 91786
(909)985-8109 Fax(909)985-8209
Project: Project ~614-01 / Roripaugh Ranch
Dear Mr. Krall:
The analytical results for the soil samples, received by our
laboratory on February 5, 2002, are attached. All sample containers
were received chilled, intact, and accompanying chain of custody
record.
Enviro-Chem appreciates the opportunity to provide you and your
company this and other services. Please do not hesitate to call Mr.
John Ackerman, our Customer Service Specialist, or myself, if you
have any questions.
Sincerely,
Curtis Desilets
Vice President/Program Manager
Mina Farag
Lab Manager
Enviro - Chem, Inc.
12'14 E. Lexington Avenue, Pomona, CA 91766 Tel (909) 590.5905
T,A~ORATOR¥ R~,PORT .
CUSTOMER:
RGS Engineering / Geology
290 N. Benson Ave., Suite 13
Upland, CA 91786
(909)985-8109 Fax(909)985-8209
PROJECT: Project #614-01 / Roripaugh Ranch
Mu~TRIX:SOIL DATE RECEIVED:02/05/02
DATE SAMPLED:D_~ DATE ANALYZED:~
REPORT TO:MR. CHRISTOPHER KRALL DATE REPORTED:92]_ll~
TOTAL PETROLEUM HYDROCARBONS(TPH) - CARBON CHAIN ANALYSIS
METHOD: LUFT/EPA 8015M
UNIT: MG/KG = MILLIGRAM PER KILOG1L~M = PPM
SAMPLE LAB GASOLINE KEROSENE DIESEL OIL DF
ID ID (C4-C10) (C8-C16) (C10-C22) (C22-C35)
SS1 020205-32 NqD ND ND N-D 1
SS2 020205-33 ND ~D 14400 ND 100
~3 020205-34 ND ND ND ND 1
SS4 020205-35 ND ND .ND ND '1
~S5 020205-36 ND ND ND 168 !
SS6 020205-37 73.9 16.7 30.5 ND 1
~7 020205-38 ND ND ND 2630~ 10
~S8 020205-39 ND ND ND ND !
~4ETHODBLA/~K ND ND ND ND 1
PQL 10 10 10 100
COMMENTS
DF = DILLVrION FACTOR
PQL = PP. ACTIC3J~ QUANTITATION LIMIT
AC%~J/LL DETECTION LIMIT = DF X PQL
ND = NON-DETECTED OR BELOW THE ACTUAL DETECTION LIMIT
CAL-DHS ELAP CERTIFICATE NO.: 1555
. : . EnviroChem, lnc .. :.
121~. E. :LexEngton Avenue, Pomona, CA 0176t~ ...... 'Te1'(~00)590-5905 -Fa~ (900)590-$00~
8015M Soil OC
Date Analyzed: ...... 2/8/2002
Units: m.q/Kq (PPM)
Matrix: Soil
Matrix Spike (MS)/Matrix Spike Duplicate {MSD)
Spiked Sample Lab I.D.:
0206-36
SR spkconc I MS I %MS I MSD 1% MSO 1% RPD IACP °/°MS I ACP RPD
:::)IESEL I 0 I 3400 I 3661 I ~06°/oI 3376 I 99% I 8 I 7S-125 I <20°/°
LCS STD RECOVERY:
)k conc LCS % REC I ACP
DIESEL I 2000 I ~97~ I 99% 17S'~2S
Analyst Signature:
Fimt Reviewer:, ~
/
/
Final Reviewer: "
..,FEB~22-2E~r2 10:~S ENUIRO-CR~E~, INC. 9~9 ~ ~'il? P.21,~4
Envim- Chem, Inc~ **
· ~2~[4 E. LexJngton Avenue~ Pomona, CA 9'1756 Tel (909) 590.$905 Fax (909,1 590-5907
Dea~ .FLT; Krall:
'The* ana~TCical
results for the soil samples, received by our
laboratory on February 20, 2002, are attached. All sample
containers were received chilled, intact, and accomganying c.hain
o~ cus.=od¥ record.
E~viro,chem ap.~ec!a=e~ ~he opport'~nity ~o provide you and YOUr
comgany %his =~ ocher services. Please ~o not hesitate tO call
Mr.. *John A~k~rman, o~rr Cas=omer Sea, ice SpecialiSt, or myself, if
*' ](~THOD: L~FT/~A 801~M
~.1~.]~ . : LA~ GASOLINE KE~OS~E DZ~EL OIL D~
(C~.-CIO) (C8-C16} (C~.0-C~22} "(C~2-C'~q)
.o~0~o~s ~rn ND 10.3 ND
!
8015M Soil QC
Unlt~:
%MS MSD %MSD
20% 3~609 114%
%RPD ACP %~ .ACP'RPD
6 75;;125 ' '
·'ACP
75128
INC.
909 59~ 5~.8'F
· . SELECTED SITE PHOTOGRAPHS?.
View showing area of former landings strip buildings and AST's which have been
removed.
. Another view showing the cleared landing strip area, :
sELECTED SITE pHOTOGRAPHS'~
View showing area where two AST diesel tanks have been removed.
View showing the landing strip area which has been cleared of all buildings and
identified materials.
SEI~ECTED SITE PHOTOGRAPHS
View showing western side of workshop where two portable diesel tanks were
removed. ..'
View showing area where portable. AST and severat 55 gallon drums were
removed; ·
SELECTED SITE PHOTOGRAPHS
View showing the former location of a pot[able AST that has been removed. NOte
the residence in the background, ~
View showing the general ama where AST's and 55ga Ion drums were identified.
These materials have been removed from the site. '"
GENERAL ENGINEERING CONTRACTING
February 27, 2002
Subject Site Remediation per Gradient Engineer's Phase 1 Report
Ror~paugh Ranch, Temecula, CA
As requested, the i'ollowing narrative explains Riverside County DEH involvement in the Phase 2
remedation on the above referenced property.
Pursuant to the Gradient Engineerings Phase 1 Report, dated June 30, 1999, Olah Engineering
was engaged by Rodpaugh Ranches, Inc., to facilitate the remediation of the TPH impacted soil
and supervise the Rcdpaugh's efforts in removing the AS'Fs.
Gradient Engineedng's Report recommended that Riv. County Department of Environmental
Health and San Diego County Regional Water Quality Control Board should be notified of the
remedial action required pursuant to the report
Jim Sappington, Inspector for Riv. County Department of Environmental Health,:was notified
of the impending mmediation via telephone. Mr. Sappington indicated that he need not be
present during the remedial work and that San Diego RWQCB's would not need to be
contacted as the '['PH impacted soil and the AST's were not detrimental to any water table
or drainage coume.
Upon completion of the Phase II remediation, Mr. Sappington has requested a copy of the Final
Environmental'Compliance Report
Further, as evidenca that the above TPH impacted soil remedlation efforts complies with all local,
state and federal requirements, we are enclosing herein the following information:
1 Transportation Manifest
2 Remedial Certification from Filter Recycling
The information stated herein should be suffice~ to close your report. However; if you should
require additional information, please contact us at your earliest convenince.
Olah Engineering, Inc.
Peter M Olah
President
P.O. BOX 1283
UPLAND, CA 917~5-1283
FAX (gUS) S4~.2652
.. NON-HAZARDOUS
'WASTE MANIFEST
1. Generator's US EPA
Generator's Name ~nd Ma/lln Address
~trlcl~ $ ~ TlC.
39100 Pourroy
~TeLre~.~l~., C_A 92589
· ~e.eratorsPhone( 9~ ) 9~5--72~3
5. Transpolar ~ Company Name
Iter Recyctin~ Ser~i.:es. ~nc.
7, Transpolar 2 Company Name
Designated Facility Name and Site Address
~ecycl[ng Ser,;ice$, ir,c.
b~0-~...3,~onte Avenue -
~, . 92316
Manifest
,D~msnt ~o.
6, US EPA ID Number
lC. A. D. ,°. 8.2. o,.~,, a. ~. $. 1
8. US EPA ID Number
10, US EPA ID Number
11. Waste Shipping Name. and Description
a. ~. 0 'l-H~.7."' .~ r ~ ,' S '-,'J;:' 'S l -' -.~,.;' ' ..!' ',' :,:,:'
b.
d.
D. AddJl anal Descriptions forJ~eriaL~Lisled.~bo.ve ..
-2/3~;2o02' ': ;2<:'1
A. Transporter's Phone
( 9091373-~.1~t
C. Facility's Phone
(909)~2[-2012 .._
12. Containers
No.
13. 14.
Total Unit
Quantity Wt/Vol
E, Handling Codes for Wastes Usted Above
~?: S~ecigl Handling Instructions and Addit ona nformatgn
2'z~' HOUr ~'~. r'.d;,e¢.;7 -'v.~ $~on'.,.-' (1 · ".',?~ -.'" ',. -:.,~~2.~"
giLL TO: GL.~H ?,~'[;.,i?.~,-.~ll'.r; ',...~LmZ~...:L\.
17. Transporter 1 Acknowledgement of Receipt of Materials
/~?.'nt ed/Typed Name
18, Transporter 2 Acknowledgement of ~elpt of M~tedaJs
Printed/Typed Name
19. Discrepancy Indication Space ~ '.. &. ;_
· Printed/Typed Name
[Signature
GRADIENT
' ENGINEERS,.c.
Construction, Engineering
Environmental So,vices
g
PHASE I ENVIRONMENTAL SITE
ASSESSMENT REPORT
APPROXIMATE SOO-ACRE
RORIPAUGH RANCH
RIVERSIDE COUNTY, CALIFORNIA
Pr~ectNo. 993070-001
June 30, 1999
Prepared For:
ASHBY DEVELOPMENT
14785 Village Drive
Fontana, Califomia 92337
3934 Murphy Canyon Road, SuEe 6204, San Diego, CA 92123 (619) 268-1320
!Jc. # A734297 FAX (619) 268-5199
GRADIENT
ENGINeeRs, .
Construction, Engineering *¢
Environmental Services
June 30, 1999
Pr~ectNo. 993070-001
To:
Attention:
Subject:
Ashby Development
14785 Village Drive
Fontana, California 92337
Mr. Wesley Hylen
Phase I Environmental Site Assessment Report, Approximate 800-Acre Roripaugh
Ranch, Riverside County, California
Gradient Engineers, Inc. (Gradient) is pleased to present this Phase I Environmental Site Assessment
(ESA) Report for the subject property. This ESA was conducted in accordance with Gradient's proposal
dated January 28, 1999 and authorization of April 30, 1999.
If you have any questions regarding this report, please do not hesitate to contact me. We appreciate the
opportunity to be of service.
Respectfully submitted,
GRADIENT ENGINEERS, 1NC.
Thomas E. Mills, RG 4439 (Exp. 6/30/2000)
Principal
MMHdTEM
Distribution: (3) Addressee
P:~'ojcets~993070.001~R. oripaugh Ranch-Phase I
3934 Murphy Canyon Road, Suite B204, San Diego, CA 92123
BMc. # A734297
(619) 268-1320
FAX (619) 268-5199
TABLE OFCONTENTS
993070-001
Section Page
Executive Summary
E-i
1.0 INTRODUCTION ............................................................ ~ ................. .~ ............................................................... 1
1.1 AIYrHORIZATION .............................................................................................................................................. 1
1.2 PURPOSE ........................................................................................................................................................... 1
1.3 SCOPE OF WORK ............................................................................................................................................... 1
1.4 LIMITATIONS AND EXCEPTIONS ........................................................................................................................ 1
1.5 LiMrriNo CONDITIONS AND METHODOLOGY .................................................................................................... 2
2.0 SITE DESCRIPTION ............................................................................................... .'. ......................................... 4
2.1 SITE LOCATION ................................................................................................................................................ 4
2.2 LEOAL DESCRIPTION ......................................................................................................................................... 4
2.3 SITE A~O VICINITY CP, A~CTEmSTICS .............................................................................................................. 4
2.40NSITE STRUCTURES AND IMPROVEMENTS ...................................................................................................... 4
2.5 CURRENT USES OF ADJOINING PROPERTIES ..................................................................................................... 5
3.0 RECORDS REVIEW .......................................................................................................................................... 6
3.1 STANDARD ENVIRONMENTAL RECORD SOURCES ............................................................................................. 6
3.2 PEYSICAL SETIINO SOURCES ............................................................................................................................ 6
3.3 GEOLOGY ......................................................................................................................................................... 6
3.4 GROUNDWATER CHARACTERIZATION ......................................... : .................................................................... 7
3.5 REVIEW OF PREVIOUS REPORTS ....................................................................................................................... 7
3.6 SOIL SAMPLING RESULTS ................................................................................................................................. 7
3.7 HISTORICAL USE INFORMATION ....................................................................................................................... 8
3. 7.1 AerialPhotographs ................................................................................................................................. 8
3.7.2 Fire Insurance Maps ................................................................................................................................ 8
3.7.3 Title Documents ....................................................................................................................................... 8
3. 7.4 Radon ...................................................................................................................................................... 9
3. 7.5 AdditionalRecordSource& ...................................................................................................................... 9
3. 7. 6 Summary of Historical Landuse .............................................................................................................. 9
4.0 SITE RECONNAISSANCE .............................................................................................................................. 10
4.1 OBSERVED USES AND CONDITIONS ................................................................................................................ 10
4.2 ADDITIONAL OBSERVATIONS ......................................................................................................................... 12
5.0 INTERVIEWS ................................................................................................................................................... 13
6.0 QUALIFICATIONS .......................................................................................................................................... 14
6.1 CORPORATE ................................................... 14
6.2 INDIXaDUAL .................................................................................................................................................... 14
~GRADIENT ENGINEERS I~.
TABLE OF CONTENTS (Continued)
993070-001
List of Accompanying Appendices and Illustrations
Figure 1 - Site Location Map - Page 3
Figure 2 - Site Reconnaissance Map - Rear of Text
Figure 3 - Site Reconnaissance Map - AOC1 - Rear of Text
Figure 4 - Site Reconnaissance Map - AOC2 - Rear of Text
Appendix A - References and Aerial Photographs Reviewed
Appendix B - VISTA Report dated
Appendix C - Laboratory Data Report
Appendix D - Site Reconnaissance Photographs
Appendix E - Records of Communication
ii
r~lrG RADIENT ENGINEERS
EXECUTIVE SUMMARY
993070-001
Gradient Engineers, Inc. (Gradient) performed a Phase I Environmental Site Assessment (ESA) at the
Roripaugh Ranch in Riverside County, California (Figure 1). The purpose of this ESA was to identify
recognized environmental conditions on the site. The term recognized environmental conditions is
defined by ASTIvl Standard E 1527-97 as "the presence or likely presence of any hazardous substances
or petroleum products on the property under conditions that indieatb an existing release, a past release, or
a material threat of a release of any hazardous substances or petroleum products into structures on the
property, or into ground, ground water, or surface water of the property". The scope of work for this
assessment included: records review, site reconnaissance, interviews, and report.
The 800- acre subject site (Site) is located north and east of the unimproved Nicolas Road in Riverside
County, California(Figure I - Site Location Map).
Based on historical records, land usage is summarized as follows:
TimePeriod I Land Usage I Reference
Prior to 1949 Unknown Not available
1949 to 1967 P~rtially utilized for agriculture Aerial photographs
1967 to present Agricultural, residential and airstrip Interview
Aerial photographs
Adjoining properties have been used for similar purposes as the Site, primarily residential and
agricultural.
A search of selected government databases was conducted by Gradient using Vista Information Solutions,
Inc. (VISTA) "StarView" environmental database report system. Review of the VISTA report indicates
that no database listings (finds) were reported for the Site. Nine (9) database sites are located within a 1 and
1/8 mile radius of the Site. These database sites consist of USGS/State water wells and according to the
report, the wells are utilized for domestic or irrigation purposes or not used at ail. Based on the data
presented in the VISTA report, none of the database sites appear to pose a threat of environmental
contaminationat the Site.
Review of aerial photographs from 1949, 1967, 1986, 1990, 1993, 1995 and 1997 and interviews with
persons knowledgeable about the Site indicated that reeoguized environmental conditions of concern
were not reported for the Site.
On June 1, 1999, Gradient staffvisited the Site to assess current Site utilization and to identify possible
environmental conditions of concern. Groundwater wells were not observed on the Site. Evidence of
sumps, underground storage tanks, pumps or clarifiers or were not observed on the Site. Evidence of
aboveground storage tanks (ASTs) and drums/chemical containers were noted on Site. Evidence of
recognized environmental conditions were noted in primarily two (2) areas of the Site. The two (2) areas
consisted of a heavy machinery storage and maintenance area (AOC 1) and an airstrip (AOC 2). These two
areas are located in the central western portion of the Site. Waste oil containers, solvent containers, stained
E-i
GRADIENTENGINEERS',Nc.
993070-001
soils, ASTs, and stockpiles of trash including, but not limited to, wood, metals, tires, rusted 55-gallon drums
were noted in these areas.
On June 1, 1999, Gradient staffalso collected a total of 15 near surface soil samples. Seven (7) samples
were collected to assess for the absence/presence of pesticides in the agricultural areas of the Site. The
remaining eight (8) samples were collected below observed stained areas in the two (2) areas of concern
AOC I and AOC 2 and analyzed for total petroleum hydrocarbons (TPH). None of the seven (7) samples
analyzed for pesticides had any detectable concentrations ofpesffcides. The following table summarizes
the results of the samples collected and analyzed for TPH:
Sample ID TPH (mg/kg) TPH Identification
SS 1-2" 483 Weathered diesel and waste oil
SS2-2" 3,570 Weathered diesel and waste oil
SS3-1' 1,230 Weathered diesel and waste oil
SS4-I' 249 Weathered diesel and waste oil
SS5-3" 153 Waste oil
SS6-2" 69 Weathered diesel and waste oil
SS7-4" 141 Waste oil
SS8-3" 583 Weathered diesel and waste oil
On June 29, 1999, Gradient spoke with Ms. Dori Malloy of the Riverside County Department of
Environmental Health (DEH) regarding the TPH impacted soil. According to Ms. Malloy, there is no
specific criteria regarding the impacted soil. However, the DEH should be notified prior to removal of
the soils so there can be a DEH representative present to oversee the cleanup and verification sampling at
the time the impacted soil is removed. In addition, the San Diego - Regional Water Quality Control
Board (RWQCB) is the lead oversight agency regarding the ASTs and should be notified prior to
removal of the diesel ASTs from the Site.
Based upon the information obtained during the course of this assessment, Gradient presents the
following opinion:
Gradient performed a Phase I ESA for the Site in conformance with the scope and limitations of
ASTM Practice E 1527-97. This assessment did indicate evidence of recognized environmental
conditions of concern in connection with the property (TPH impacted soils).
Based upon the findings of this Phase I ESA, Gradient recommends:
· The property owner is to notify the Riverside County DEH prior to the cleanup of any TPH impacted
soils and properly mitigate the petroleum impacted soils in accordance with the DEH requirements.
· The property owner is to noti~ the San Diego RWQCB prior to the removal of the fuel ASTs from
the Site.
· Remove and dispose of the abandoned materials from the Site in accordance with appropriate local,
state and federal requirements.
E-ii
gGRADIENT ENGINEER5 ~
993070-001
That observations be made during any future Site development for areas of possible contamination such
as, but not limited to, the presence of underground facilities, buried debris, staining soils, waste drums,
tanks, or odorous soils. Should such materials be encountered, further investigation and analysis may
be necessary at that time.
E-iii
FGRADIENT ENGINEERS ~c.
1.0 INTRODUCTION
993070-001
1.1
1.2
Authorization
In accordance with Ashby Development Co. authorization, Gradient completed a Phase I
Environmental Site Assessment (ESA) of the Site. This work was conducted in accordance with
Gradient's proposal dated January 28, 1999, and with Ashby Development Co. authorization
signed by Mr. Justin Ashby, dated April 30, 1999.
Purpose
The purpose of this ESA was to identify recognized environmental conditions of concern on the
Site. The term recognized environmental conditions is defined by ASTM Standard E 1527-97 as
"the presence or likely presence of any hazardous substances or petroleum products on the
properly under conditions that indicate an existing release, a past release, or a material threat of a
release of any hazardous substances or petroleum products into structures on the property, or into
ground, ground water, or surface water of the property". Recognized environmental conditions
include hazardous substances or petroleum products even under conditions in compliance with
applicable laws. The term does not include de minimis conditions that generally do not present a
mcterial risk of harm to public health or the environment.
1.3
1.4
Scope of Work
The scope of work was performed in accordance with Gradient's proposal and included the
following tasks:
· Site Reconnaissance and Soil Sampling
· Records Review;
· Interviews;
· Report.
This ESA did not include air or water sampling, or investigations for radon, asbestos or lead-
based paint.
Limitations and Exceptions
The findings and professional opinions presented in this report are based on the information
made available to Gradient (in most eases from previous reports and from public records) and
could change if additional information becomes available. In performing our professional
services, Gradient applied present engineering and seiantifie judgment and used a level of effort
consistent with the standard of practice measured on the date of this report and in the vicinity of
the project site for projects of similar scope. Gradient makes no warranties, either express or
implied, concerning the completeness of the data made available to us for this study. Gradient
specifically withholds certification of any type concerning the absence of contaminatinn at the
Site.
-I-
GRADIENTENGINEER$~m.
I
I
993070-001
1.5 Limiting Conditions and Methodology
The methodology used during this assessment conforms with current standard of care in the
performance of Phase I ESAs in southern California. The list of references used for this study is
included as Appendix A. The research of selected government databases was performed by
Gradient using Vista Information Solutions, Inc. (VISTA) "StarView" environmental database
program. A copy of the VISTA report is included as Appendix B. The laboratory data report is
presented in Appendix C. Representative color photographs of the Site and area that were taken
during the Site reconnaissance are presented in Appendix D. Government records documenting
the history of hazardous materials in this area are generally reliable for only the past ten years or
less; therefore, undocumented sites or events may exist, and early records of the Site may not
have been made available by the agencies for review. Records of communication with persons
familiar with the Site are presented in Appendix E.
I
-2-
GRADIENTENGINEERS ~c.
BASE ~AP:' ~omas Bros. GeoFinder for
~ndo~, R~e~ide Count, ~99S, Pa~e 929 0 2000 ~000
Paoo~c~ No.
Roripau~h Ranch S I T E DATe"3oT°~°'
Riverside
HAP June 1999
G~E~ EN~N~ ~. FIGURE
2.0 SITE DESCRIPTION
993070-001
n
2.1 Site Location
The 800-acre Site is located north and east of the unimproved Nicolas Road in Riverside County,
California (Figure 1 - S itc Location Map).
2.2 Legal Description
A title report was not provided for Gradient to review for this assessment.
2.3 Site and Vicinity Characteristics
The 800-acre Site is currently being utilized for residential and agricultural purposes. The Site
consists of relatively hilly terrain, and several drainage canyons transverse the Site from northeast
to southwest. The owner of the Site, Mr. Leo Roripaugh, has owned the Site for approximately40
years and has dry-farmed (wheat) and lived at the Site since.
The municipal water district (MWD) has an easement transversing the Site from approximately
north to south in the central northern area. The easement is shown on Figure 2.
2.4
Onsite Structures and Improvements
The majority of the Site is comprised of open land. The following three (3) areas on the Site have
structures:
1). The residential area located in the central north area of the Site. This area has two (2) single-
family residences.
2). The equipment area (AOC 1) located in the central east boundary of the Site. Three (3)
buildings (a single-family residence, storage building and maintenance workshop) are present
in this area, including an inoperable windmill.
3). The airstrip area (AOC 2) located to the east of the maintenance area. Five (5) buildings are
located in this area ineinding two (2) airplane hangers and three (3) storage buildings/sheds.
The Site receives its water from a private well and sewer is released into an on site septic tank.
rYGRADIENT ENGINEERS
2.5
Current Uses of Adjoining Properties
Surrounding properties are summarized in the following table.
I
Properties
I Land Use
Adjacent propertiesto the north: · Agriculture '
· Residential
Adjacent propertiesto the east: · Residential
Adjacent properties to the south: · Residential
Adjacent propertiesto the west: · Residential
993070-001
-5-
[IFGRADIENT ENGINEERS
3.0 RECORDS REVIEW
993070-001
0
3.1
3.2
3.3
Standard Environmental Record Sources
A search of selected government databases was conducted by Gradient using Vista Information
Solutions, Inc. (VISTA) "StarView" environmental database report system. Details of the
database search along with descriptions of each database researched are provided in Vista's
report (Appendix B). Figures 2 and 3 of VISTA report (Appendix B) show the nearby properties
listed on the databases that are within a ¼ and 1-mile radius of the Site.
A search of selected govemment databases was conducted by Gradient using Vista Information
Solutions, Inc. (VISTA) "StatView" environmental database report system. Review of the VISTA
report indicates that no database listings (finds) were reported for the Site. Nine (9) database sites
are located within a 1 and 1/8-mile radius of the Site. These database sites consist of USGS/State
water wells and according to the report, the wells are utilized for domestic or irrigation purposes or
not used at all.
Physical Setting Sources
United States Geological Survey (USGS) 7.5-minute topographic map, Bachelor Mountain,
California, 1953 (photorevised 1973), was reviewed. The map indicates that the Site is located in
primarily undeveloped area. The Site is primarily hilly terrain with two (2) unimproved roads
transversingthe Site from the east to west in the central portion and from north to south in northern
half along the east boundary. A windmill is present on Site in the central area along the eastern
boundary. In addition, two (2) creeks transect the Site. The Santa Gertrndis Creek transects the
northern half of the Site from the northeast to the southwest. Another creek (unnamed) transects
the southern half of the Site from east to west.
A walkthrough Site reconnaissancedid not reveal existing wetlands or conditions, such as reeds on
standing water, which would indicate the presence of a wetland on the Site. In addition, Gradieat's
review of the USGS topographic map revealed no evidence of wetlands on the Site.
· According.to the topographic map, the site ranges in elevation .from 1400 feet above mean sea
level along the highest ridge (central portion of Site) to 1200 in the lowest areas of Site.
Geology
The Site is locates in the Peninsular Range Geomorphic Province if California. The Site consists
of topsoil, alluvium, colluvium and the Quaternary Pauba Formation (leighton, 1990).
-6-
FG RADIENT ENGINEERS
3.4
3.5
3.6
993070-001
Groundwater Characterization
Hydrogeological data was not available for our review. However, based on the topographical
gradient at the Site, the anticipated direction of groundwater flow is toward the west. According
to
Mr. Leo Roripaugh, the depth to water in his water well is 40 feet below grade.
Review of Previous Reports
No previous environmental reports were available for our review for the Site.
Soil Sampling Results
On June 1, 1999, during the site reconnaissance, 15 soil samples were collected on Site. Seven
(7) soil samples (SI through S7) were collected in agriculture use area at one foot below grade
and analyzed for pesticides by EPA Method 8080. The locations of the seven (7) sample
locations are shown on Figure 2. The remaining eight (8) samples (SSI through SS8) were
collected in the airstrip and maintenance areas where there is petroleum hydrocarbon soil
staining. The samples were analyzed for total petroleum hydrocarbon (TPI-I) extended by ASTM
D2887. The samples were collected below staining at varying depths below grade. The samples
were placed in laboratory provided jars and placed on ice. The samples were subsequently
transported by proper chain of custody to Pacific Treatment Analytical for laboratory analysis.
The laboratory report and chain of custody are presented in Appendix C.
In summary, the seven (7) samples that were analyzed for pesticides did not have any detectable
concentrations of pesticides at or below the laboratory detection limits. The following table
summarizes the laboratory data for the remaining samples that were analyzed for TPH.
Sample ID TPIt (rog/kg) TPIt Identification
SS 1-2" 483 Weathered diesel and waste oil
SS2-2" 3,570 Weathered diesel and waste oil
SS3-1' 1,230 Weathered diesel and waste oil
SS4-1' 249 Weathered diesel and waste oil
ss5-3" 153 Waste oil
8S6-2" 69 Weathered diesel and waste oil
SS7-4" 141 Waste oil
SS8-3" 583 Weathered diesel and waste oil
The laboratory data is also summarized on Figures 2, 3 and 4.
On June 29, 1999, Gradient spoke with Ms. Dori Malloy of the Riverside County Department of
· Environmental Health (DEH) regarding the TPH impacted soil. According to Ms. Malloy, there
is no specific criteria regarding the impacted soil. However, the DEH should be notified prior to
removal of the soils so there can be a DEH representative in order to oversee the cleanup and
verification sampling. In addition, the Regional Water Quality Control Board (RWQCB) is the
oversight agency for ASTs and should be notified regarding the diesel ASTs.
-7-
FGRADIENT FNGINEER$ ~c.
3.7
993070-001
Historical Use Information
3.7.1 Aerial Photographs
Historical aerial photographs were reviewed for information regarding past Site uses.
Aerial photographs were reviewed for the following years: 1949, 1967, 1986, 1990,
1993, 1995 and 1997. References are provided in Appendix A.
In the 1949 aerial photograph, the Site and the surrounding areas appear to be partially
utilized for agricultural purposes. There is no evidence of the airstrip, single-family
residences or equipment storage area. There does not appear to be any residential
development in the surrounding areas.
In the 1967 aerial photograph, a structure, possibly the windmill is evident on Site. The
MWD property easement appears on Site. The surrounding areas appear to be minimally
changed from the 1949 aerial photograph.
In the 1986 aerial photograph, the airstrip appears to be present. There does not appear
to be any buildings or airplanes in the area of the airstrip. There appears to be scattered
residential development in the surrounding areas.
In the 1990 aerial photograph, the Site appears to be similar to the present. The airstrip,
single-family residences and equipment storage area are present.
In the 1993 aerial photograph, there appears to be minimal change from the 1990 aerial
photograph.
In the 1995 aerial photograph, there appears to be minimal change from the 1993 aerial
photograph.
In the 1997 aerial photograph, there appears to be minimal change from the 1995 aerial
photograph.
3.7.2 FirelnsuraneeMaps
Fire insurance maps were not reviewed for this assessment.
3.7.3 Title Documents
Title documents were not provided to Gradient for review in this assessment.
-8-
GRADIENTENGINEERSt~c.
D
[1
3.7.4
3.7.5
3.7.6
993070-001
Radon
In 1990, the State of California (1990) conducted a radon survey in the state. The results of
the survey indicate that for the 182 samples obtained in Region 9 which included Riverside
County, the arithmetic mean radon levels were 0.6 pCi/I. This average total is below the U.
S. EPA radon action level of 4 pCi/l.
Additional Record Sources
Additional City and County Agency record sources could not be assessed since the Site
does not have a specific address.
Summary of Historical Landuse
Based on historical records, land usage is summarized as follows:
Time Period I Land Usage I Reference
Prior to 1949 Unknown Not available
1949 to 1967 Partially utilized for agriculture Aerial photographs
1967 to present Agricultural, residential anft Interview
airstrip
Aerial photographs
-9-
I~IgRADIENT ENGINEERS i~c,
4.0 SITE RECONNAISSANCE
993070-001
D
U
4.1
Observed Uses and Conditions
On June 1, 1999, Gradient staff visited the Site to assess current Site utilization, to locate
possible areas of environmental conditions of concern. Photographs of the Site are presented in
Appendix D and their view directions are noted on Figure 2, 3 and 4. Items noted during the Site
reconnaissance are also noted on Figure 2, 3 and 4. The Figures consist of the following:
Figure 2:
Figure 3:
Figure 4:
Overall Site Map
Site Reconnaissance Map of the Maintenance Area/Residential/Heavy Equipment
Storage Area
Site Reconnaissance Map of the Airstrip Area
In addition, the Site primarily consists of two (2) areas of concern (AOC), which consists of the
following:
AOC 1:
AOC 2:
Maintenance area/heavy equipment storage area located along the central west
boundary of Site (Figure 3)
Airstrip area located in the central area of Site to the east ofAOC I (Figure 4).
Hazardous Substance in Connection with Identified Uses: Evidence of storage of hazardous
materials was noted in the following areas:
AOC 1:
55-gallon drums were noted to contain oil and several 5-gallon plastic containers
contained hydraulic fluid (Appendix D, Photo 4).
Hazardous Substance Containers and Unidentified Substance. Containers: Evidence of
hazardous or unidentified substance containers Was noted.
AOC 1:
Several unlabeled containers were noted throughout this area. Some of the
containers appeared to contain waste oil [Appendix D, Photo 3 (sampled, and soil
staining -2 ft.x2 ft.), Photo 4 (sampled and soil staining ~4 ft. x 4 ft.) and Photo 5].
AOC 2:
Several unlabeled containers were noted throughout this area. Some of the
containers appeared to contain waste oil [Appendix D, Photo 11 (sampled and
staining ~2 ft. x 8 ft.) and Photo 14 (sampled and soil staining 3 ft. x 4 ft.)].
On Site Regulated Substance Identification/Inventory: Chemical coatainers/drums were
observed on the Site during the Site reconnaissance. See above discussion.
-10-
GRADIENTENGINEERS ~:.
993070-001
Storage Tanks and Pipelines: Evidence of underground storage tanks (USTs) was not noted on
Site. Aboveground storage tanks (ASTs), pipelines associated with or evidence of current or
former ASTs were observed on the Site. Several ASTs were noted on Site.
ACC 1:
Two (2) water ASTs were noted. A portable fuel tank was noted in the area of the
Roripaugh residences (Appendix D, Photo 1) petroleum hydrocarbon odors and soil
staining were noted (-2 ft. x 3ft.), a sample was collected (SS1-2'). A fuel AST was
noted in the central area of ACC I and a'portable AST (diesel) was observed
adjacent to the maintenance shed/workshop. Two (2) diesel ASTs (Appendix D,
Photo No. 6) were noted along the road that leads to the airstrip. Soil staining (--4 ft.
x 4ft.) and petroleum hydrocarbon odors were noted and a sample was collected
(SS4-1 ').
ACC 2:
Four (4) ASTs were noted in this area (Appendix D, Photos 10 and 15). One of the
ASTs was labeled to containing unleaded fuel (Appendix D, Photo 10). No staining
or odors were noted. The other three (3) ASTs were not labeled as to their contents
nor was their any evidence of staining or odors, however, one (1) of the tanks
(Appendix D, Photo 15) was in dense vegetation and was not reachable.
An AST was also noted in the central south boundary of the Site (Appendix D, Photo 16). The
location of the AST is also shown on Figure 2. There was no odors or soil staining associated
with petroleum hydrocarbons in the vicinity of this AST.
Monitoring Wells or Remedial Activities: Evidence of monitoring wells or remedial activities
were not observed at the Site.
Indications of Solid Waste Disposal: Indications of solid waste disposal was observed on Site.
ACC 2 had several areas of discarded debris. At the east end of the airstrip, a large pile of debris
was noted (Appendix D, Photo 7). The debris consisted of discarded metal pieces, wood, tires
and empty and crushed rusted 55-gallon drums. Across the airstrip to the southwest, more debris
was noted (including tires, 55-gallon empty drum, and corrugated steel pipes) (Appendix D,
Photos $ and 9). Adjacent to the airstrip and to the south, dense vegetation, rusted debris and
equipment were noted (Appendix D, Photos 12, 13 and 14).
Discolored, Distressed or Discolored Vegetation: Evidence of discolored, distressed or discolored
vegetation was not. noted on Site
Stained or Discolored Soil: Evidence of stained or discolored soil was noted on the Site. See
the above discussions.
Obvious Odors: Evidence of odors was noted on the Site. See the above discussions.
Inclinations of Polyehlorinated Biphenyls (PCBs): Evidence of leaking, PCB-containing pad
or pole mounted transformers, fluorescent light ballasts or other PCB-containing equipment were
no._~t noted.
Asbestos Containing Construction Material (ACCM): An ACCM survey was not included in
our scope of work.
-I1-
IrGRADIENT ENGINEERSI~.
4.2
Lead-Based Paint: A lead-based paint survey was not included in our scope of work.
Additional Observations
· Heavy equipment storage was noted in AOC 1.
· A residence was noted in AOC 1.
993070-001
-12-
'~GRADIENT
ENGINEERS ~c.
993070-001
5.0 INTERVIEWS
Gradient conducted interviews with persons having knowledge of current or past Site usage. Interviews
were conducted either orally or in the form of a written questionnaire. Written responses are included as
Appendix E. The following person was interviewed:
Mr. Leo Roripaugh, the owner of the Site completed a' standard Phase I ESA background
questionnaire for the Site. According to Mr. Roripaugh, he has owned the Site for 40 years. The Site
has been utilized for dry farming practices throughout Mr. Roripaugh's ownership. The previous
owner of the Site was Mr. Roripaugh's grandfather. Mr. Roripaugh stated that there has never been
USTs on Site, only ASTs. Mr. Roripaugh did not indicate any conditions of environmental concern
for the Site.
-13-
'~GRADIENT ENGINEERS
6.0 QUALIFICATIONS
993070-001
6.1
6.2
Corporate
GTG, Inc. is the parent firm for four firms, of which Gradient Engineers, Inc. is one. The other
three firms are: Leighton and Associates, Inc., Teratest Labs, Inc., and Earth Consultants
International, Inc. Gradient was formed in 1997 an~l between 1983 and 1997, was the
Environmental Services Division of Leighton and Associates, Inc. Gradient provides
professional services in environmental engineering which involves the application of science and
engineering to environmental compliance, contamination assessment and cleanup, and the
management of hazardous, solid and industrial waste. Phase I Environmental Site Assessments
are a part of this practice area and have been conducted by Gradient.
Individual
The qualifications of the Project Manager and the other Gradient environmental professionals
involved in this Phase I ESA meet the Gradient corporate requirements for performing Phase I
ESAs. In addition, Mr. Mills is a Registered Environmental Assessor and Geologist in the State
of California.
-14-
~F~I~GRADIENT ENGINEERS thc.
I
§
i
993070-001
APPENDIX A
REFERENCES
ASTM, 1997, ASTM Standards on Environmental Site Assessments for Commercial Real Estate,
Designation E 1527-97, dated March 10, 1997.
Leighton and Associates, Inc., 1990, Geotechnical Investigation and Evaluation of Possible Fault,
Proposed Roripaugh High School, Murrieta, California, dated October 24.
State of California, Department of Health Services, 1990, California Radon Survey of Interim Results,
9 pages.
AERIAL PHOTOGRAPHS REVIEWED
Date Flight Frame Scale Source
5-23-49 AXM- 1 OF 66/67 Not Available Continental Aerial
Photograph
5-23-49 AXM- 10F 82/83 Not Available Continental Aerial
Photograph
5-9-67 AXM- 1HH 73/74 Not Available Continental Aerial
Photograph
7-30-86 86184 164/165 Not Available Continantal Aerial
Photograph
10-12-90 90205 164/165 Not Available Continental Aerial
Photograph
5-14-93 C90-6 187/188/189 Not Available Continental Aerial
Photograph
10-04-95 EMWD 164/165 Not Available Continental Aerial
Photograph
10-15-90 C117-43 92/91 Not Available Continental Aerial
Photograph
A-I
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Project Na~e/Ref ~: N;~ pr3~idea ~iey H~ien
Rodpaugh Ranch Ashby Development Company
Nicolas Road 31566 Railroad Canyon Road
Mu~ieta, CA 92~92 Canyon Lake, CA 92S87
Latitude/LonRith
~ ~: :::: :~ ~i
~S~e~ ~i
Latitude/Lon~iitude: ( 33.549080, 117.095065
For more information call VISTA Information Solutions, Inc. at 1 - 900 - 767 - 0403,
Report ID: 993070001 Date of Report: June 9, 1999
~hi~re~ort~ meets
NOTES
For more information call VISTA Information Solutions, Inc. at 1 - 900 - 76'/- 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Version 2.6.1 Page 12
~ Miles
OBregon: A B C D
Multiple Sites ~ m A
Highways and Major Roa~ NPL, SPL, OEROLIS~ UST ' ERNS,
Roads ~R~OTS NF~P, GENE~TORS
Railroads (TSD) TSD, LUST,
Rivers or Water B~ies If addil~l ~ am b~ ~ ~r ~ge of Ihe m~n mey am at~ dlsplay~
For More Information Call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403
Report ID: 993070001 Date of Report: June 9, 1999
Page #$
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~ Roads COR~CTS NF~P, GENE~TORS
~ Railroads ~SD) TSD, LUST,
"~"'"' Rivers or Water B~ies
I
For More Information Call VISTA Information Solutions, Inc. at I -800 -767 -0403
Report ID: 993070001 Date of Report: June 9, 1999
Page ~
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For More Information Call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403
Report ID: 993070001 Date of Report: June 9, 1999
Page #$
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USGS WATER WELL ID
lA CA O.~M~ X
SW
USGS WATER WELL ID ~33325011
1B CA o.22 M~ X
SW
USGS WATER WELL ID ~3332511
1 B CA o,24 MI X
W
USGS WATER WELL ID ~33322411706270q~4~zz~
2 CA o.~9 M~ X
SW
USGS WATER WELL ID ~3333341170~000~B46727
3 CA 0.92M~ X
USGS WATER WELL ID ~33323211706450~4~zzz
4 CA ~,o5 MI X
W
USGS WATER WELL ID ~333235117064708~62~3
4 CA ~.o~ ~ X
W
USGS WATER WELL ID ~33334311705000~1617~
5 CA 1,~ MI X
USGS WATER WELL ID ~33334611705030~a46~o3
CA x
NE I
USGS WATER WELL ID #33334711
5 CA ~.~3tv X
IUSGS WATER WELL ID #33324511706560~1~,~3ao
6 , CA ?.~4 MI X
W
X = search criteria; · = tag-along (beyond search criteria).
For more information call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Version 2.6.1 Page
~::::~::~::~:~:~:: :::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
USGS WATER WELL ID #33314511 ~0~0~0~ ~ ~
7 CA ~.39 M; X
USGS WATER WELL ID ~33340511706330~a46963
8 CA ~.48 M; X
NW
No Records Found
I!
i
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X = search criteria; * = tag-along (beyond search c~eria).
For more information caIIVISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date o¢ Report: June 9, 1999
version 2.6.1 Page #7
TEMECULA 5B;$471
RAINBOW CANYON RD X
TEMECU~, CA
TEMECULA ~4~o
EAST OF H~ 15 X
~EMECU~, CA
TEMECU~ ~NDFILL
NWl/4, SEC 30, TBS, R2W X
TEMECU~, CA
GTE REDHAWK CENTRAL OFFICE 7~274~
32505 STATE HIGHWAY X
TEMECULA, CA 925B9
TRI WEST/PACIFIC SOD
45620 E PALA RD X
PA~, ca
X = search criteria; · = tag-along (beyond search criteria).
For more information CalIVISTA Inl=ormation Solutions, Inc. at 1 - 800 - 767 - 0403.
Report ID: 993070001 Dat~ of Report: June 9, 1999
Version 2.6.1 Page #8
il
§
ii
D
i:.:: !'.'' ':': ::SI~E ASS:ESSMEiN~::PIL. US REPORT
rr~ 7: 5i ?=5i ?:==55==:-==::5::5555::5:::: :/: 5:=5==}5==5
Agency Address: ~ME AS ABOVE
Well ID: 333251177055401
Use: STOCK
Depth: ~o9.o
LatAude: 33.5475
LongAude: - 117.0983333333
Su~ace Elevation:
Sta6c Water Level: 57.~
Count~ FIPS: 6065
~el~ ~ ~}~
Agency Address: SAME AS ABOVE
Well ID: 333250117055801
Use: DOMESTIC
Depth: 140.0
Latitude: 33.547222222222
Longitude: .11/.0994444444
Quadrangle Name: BACHELOR MTN
Surface Elevation: 1205.
County FIPS: 6065
~i~!W~ii~i~J~A D~O~tiS6~Ees~:~ SR~iS38~ :: :?: :. i:: ~:!iEPA~A~?~::~: :::.:~ ::::::iN~A.I~ .... ::
Agency Address: SAME AS ABOVE
Well ID: 333251117060001
Use: UNUSED
Depth: z93.0
Latitude: 33.5475
Lon~litude: -117.1
Surface Elevation: 12oo.
' VISTA address includes enhanced city and ZIP.
For more information call VISTA InformarJon Solutions Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Verdon 2.6.1 Page
Well ID:
Latitude:
Longitude:
Quadrang
Surface ElE
Agency Adc
Well ID:
[on~udo:
Su~ace Elev;
Agency Ade
Well ID:
Use:
[on,Rude:
Su~ace ~ew
Static Water Level: 54.00
County FIPS:
6065
Agency Address: SAME AS ABOVE
333224117062701
DOMESTIC
240,0
33.54
-117.1075
BACHELOR MTN
Quadrangle Name:
Surface Elevation:
1190.
6065
Agency Address:
SAME AS A60VE
333334117050001
UNUSED
63.00
33.559444444444
· 117.0833333333
Surface Elevation:
Date Well Drilled: 01/01/1950
6065
Agency Address:
SAME A5 ABOVE
333232117064501
UNUSED
82.00
33.542222222222
Surface Elevation: 7175.
Static Water Level: 7~00
6065
· VISTA address includes enhanced city and ZIP.
For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date of Report_: June 9, 1999
Version 2.6.1 Page #10
Well ID:
-
Latitude:
Longitude:
Agency Add
Well ID:
Lon[litude:
Surface Elev;
A,g"cy Add
Well ID:
latitude:
[on,Rude:
Su~ace Elev~
Agency Address: SAME AS A60V6
333235117064701
IRRIGATION
33.543055555555
- 117.1130555555
Surface Elevation: ~ 160,
Static Water Level: 77.00
Date Well Drilled: 01/01/1962
6065
Agency Address: SAMEASABOVE
333343117050001
33,567944444444
· 117,0833333333
Surface Elevation: 1375.
6065
Agency Address:
SAME A5 ABOVE
333346117050301
UNUSED
28.00
33.562777777777
-117.0841666666
Surface Elevation: 1375.
Date Well Drilled: 01/01/1920
6065
· VISTA address includes enhanced city and ZIP.
For more information call VISTA InformaUon Solutions, Inc. at I - 800 - 767 - 0403.
Report. ID: 993070001 Date of Report: June 9, 1999
Ve~ion 2.6. I Page #11
i ~gency Address: SAME AS ABOVE
Well ID: 333347117045901
Latitude: 33.563055555555
Longitude: -117,0830555555
;ufface Elevation: ?375.
Date Well Drilled: 01/01/7950
Agency Address:
Well ID:
SAME AS ABOVE
333245117065601
Latitude: 33.545833333333
Lon~litud e: - 17 7.1755555555
Surface Elevation: 12oo.
County FIPS: 6065
I
Ii
Agency Address: SAME AS ABOVE
Well ID: 333146117050401
Use: UNUSED
Depth: 906.0
Latitude: 33.53
Longitude: .717.o~4~44444
Swface Elevation: 1370,
Static Water Level: 246.00
Date Well Drilled: 01/01/1966
Count~/FIPS: 6066
Agency Address:
Well ID:
Use:
SAME A5 ABOVE
333405117063301
STOCK
* VISTA address includes enhanced city and ZIP.
For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date of' Report: June 9, 1999
Vernon 2.6.1 Page #12
Depth: 63.00
Latitude: 33,568055555555
Longitude: -117.1091666666
Sur[ace Elevation: 1315,
Date Well Drilled: 07/07/1950
County FIPS: 6065
* VISTA address includes enhanced city and ZIP.
For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date ol~ Report: June 9, 1999
Version 2.6.1 Page #13
Facility Type:
Facility Status:
Pemtit Status:
Agency Address:
Facility lype:
Facility Status:
Permit Status:
Agency Addre.~
Solid Waste Inv~
Facility Type:
Facility In State
System:
Chapter 15 Fac
Solid Waste Ass
I'oxic Pits Clean
RCRA Facility:
Department of I
To Public:
Open
Number Of Was
Rank:
Enforcements A
Violations At Fa
Agency Address: SAME AS ABOVE
NOT A VAILABL E
NOT A VAILABL E
NOT A VAILABL E
TEMECULA
RAINBOW CANYON RD, TBS R2W
TEMECULA, CA
SOLID WASTE DiSPOSAL FACILITY
CLOSED
OTHER
Agency Address: SAME AS ABOVE
Solid Waste Inventory System ID: NOr REPORTED
Facility Type: Nm reported
Facility In State Board Waste Discharger NO
System:
Chapter lS Facility: NO
Solid Waste Assessment Test Facility: NO
I'oxic Pits Cleanup Act Facility: NO
RCRA Facility: NO
Depmtment of Defense Facility: NO
Open To Public: NO
Number Of Waste Management Units: ~
Rank: ~4
Enforcements At Facility: NO
Violations At Facility/: NO
° VISTA address includes enhanced city and ZIP.
For more information call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Vernon 2.6.1 Page !14
Agency Address: SAME AS ABOVE
Solid Waste Inventory System ID: NOT REPORTED
Facility Type: SOLID WASTE SITES-CLASS Ill - Landfills for nonhazardous solid was~es.
Facility In State Board Waste Discharger NO
System:
Chapter 15 Facility: NO
Solid Waste Assessment Test Facility: NO
Toxic Pits Cleanup Act Facility: NO
RCRA Facility: NO
Department of Defense Facility: NO
Open To Public: NO
Number Of Waste Management Units:
Rank: NOr REPORTED
Enforcements At Facility: NO
Violations At Facilit.y: YES
id
u
§
Agency Address: 5AMEASABOVE
Facility ID: 88124
Remediation Status: CLOSED/ACTION COMPLETED
Media Affected: SOIL ONLY 15 IMPACTED
Description / Comment: EMPLOYEE ID: 3
Agency Address:
Facility ID:
TPJ WEST/PACIFIC SOD
45620 PALA RD E
RANCHO CALiFORNIA, CA 92390
9UT1418
Leak Report Date: 07/05/88
Site Assessment Plan Submitted: 07/06/89
Site Assessment Began: 12/01/88
Case Closed Date: 05/18/~9
Substance: UNLEADED GASOLINE
Remediafion Event: EXCAVATE AND TREAT
Remediafion Status: c~s£ CLOSED
Media Affected: SOIL ONLY
Region / District: SAN DIEGO REGION
Description / Comment: COUNTY: RIVERSIDE
Description / Comment: REVIEW DATE:07~29~93
* VISTA address includes enhanced city and ZIP.
For more information call VISTA Information Solutions, Inc, at 1 - $00 - 767 - 0403.
Report ID: 993070001
Vets/on 2.6. I
Date of Report: June 9, 1999
Page 115 -
Agency Address: TRI WEST/PACIFIC SOD
45620 PALA RD E
RANCHO CALIFORNIA, CA 92390
Facility ID: gur?4?s
Leak Date: o7/o5/6s
~t Date: o7/o5/86
Site Assessment Began: rz/o~/ss
Case Closed Date: o5/le/89
~; TANK CLOSURE
~ UNKNOWN
Leak Source: UNKNOWN
~ UNLEAD GASOL
~ EXCAVATEAND TREAT
~ LEAK STOPPED BY: CLOSETANKLEAK STOP DATE: 07/05/88
~ CASE CLOSED
~ SOIL ONLY
~ LOCASENUM: 88-412,6ASINNUM:,GWDEPTH:
* VISTA address includes enhanced city and ZIP.
at 1 - 800 - 767 - 0403.
For
more
information
call
VISTA
Information
Solutions,
Inc.
Report ID: 993070001 Date of Report: June 9, 1999
Vercion 2.6.1 Page #16
NPL
SRC#: 5593
SPL
SRC#: 5455
CORRACTS
SRC#: 5596 '
VISTA conducts a database search to identify all sites within 2. mile of your property.
The agency release date for NPL was February, 1999.
The National Priorities List (NPL) is the EPA's database of uncontrolled or abandoned
hazardous waste sites identified for priority remedial actions under the Superfund
program. A site must meet or surpass a predetermined hazard ranking system score,
be chosen as a state's top priority site, or meet three specific criteria se[jointly by the
US Dept of Health and Human Services and the US EPA in order to become an NPL
site.
VISTA conducts a database search to identify all sites within 2. mile of your property.
The agency release date for Calsites Database: Annual Workplan Sites was October,
1998.
The CalSites database contains information on properUes (or "sites") in California
where hazardous substances have been released, or where the potential for such a
release exists. This database is used primarily by the Department of Toxic Substances
Control to evaluate and track activities at sites that may have been affected by the
release of hazardous substances. Aisc see SPL/SCL: Annual Work Plan (AWP) sites are
cleassified as SPL and all the other sites are classified as SCL.
VISTA conducts a database search to identify all sites within 2. mile of your property.
The agency release date for HWDMS/RCRIS was February, 1999.
The EPA maintains this database of RCRA facilities which are undergoing "corrective
action". A "corrective action order" is issued pursuant to RCRA Section 3008 (h) when
there has been a release of hazardous waste or constituents into the environment
from a RCRA facility. Corrective actions may be required beyond the facility's
boundary and can be required regardless of when the release occurred, even if it
predates RCRA.
CERCL1S
SRC#: 5594
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for CERCLIS was January, 1999.
The CERCLIS List contains sites which are either proposed to or on the National
Priorities List(NPL) and sites which are in the screening and assessment phase for
possible inclusion on the NPL The information on each site includes a history of all
pre-remedial, remedial, removal and community relations activiies or events at the
site, financial funding information for the events, and unrestricted enforcement
activities.
For more informaUon call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Felon 2.6,1 Page #17
Cai Cerclis
SRC#: 2462
NFRAP
SRC#:5595
SCL
SRC#:5454
RCRA-TSD
SRC#: 5596
SWLF
SRC#: 5689
VISTA conducts a data base search to identify all sites within 1.5 mile of your property.
The agency release date for Ca Cerclis w/Regional Utility Description was June, 1995.
This database is provided by the U.S. Environmental Protection Agency, Region 9.
The agency may be contacted at:. These are regional utility descriptions for
California CERCLIS sites.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for CERCLIS-NFRAP was January, 1999.
NFRAP sites may be sites where, following an initial investigation, no contamination
was found, contamination was removed quickly, or the Contamination was not
serious enough to require Federal Superfund action or NPL consideration.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Calsites Database: All Sites except Annual Workplan
Sites (incl, ASPIS) was October, 1998.
The CalSites database contains information on properties (or "sites") in California
where hazardous substances have been released, or where the potential for such a
release exists. This database is used primarily by the Department of Toxic Substances
Control to evaluate and track activities at sites that may have been affected by the
release of hazardous substances. Aisc see SPt/SCL: Annual Work Plan (AWP) sites are
cleassified as SPt and all the other sites are classified as SCL.
The CalSites database includes both known and potential sites. Two- thirds of these
sites have been classified, based on available information, as needing "No Further
Action" (NFA) by the Department of Toxic Substances Control. The remaining sites are
in various stages of review and remediation to determine if a problem exists at the
site. Several hundred sites have been remediated and are considered certified.
Some of these sites may be in long term operation and maintenance.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for HWDM//RCRIS was February, 1999.
The EPA's Resource.Conservation and Recovery Act (RCRA) Program identifies and
tracks hazardous waste from the point of generation to the point of disposal. The
RCRA Facilities database is a compilation by the EPA of facilities which report
generation, storage, transportation, treatment or disposal of hazardous waste. RCRA
TSDs are facilities which treat, store and/or dispose of hazardous waste.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Ca Solid Waste Information System (SWIS) was
December, 1998,
This database is provided by the Integrated Waste Management Board. The agency
may be contacted at: 916-255-4021.
The California Solid Waste Information System (SWIS) database consists of both open
as well as closed and inactive solid waste disposal facilities and transfer stations
pursuant to the Solid Waste Management and Resource Recovery Act of 1972,
Government Code Section 2.66790(b). Generally, the California Integrated Waste
Management Board learns of locations of disposal facilities through permit
applications and from local enforcement agencies.
For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Vernon 2.6. I Page 118 .
Riverside
County Landfill
SRC#: 3802
WMUDS
SRC#: 5368
LUST
SRO#: 5116
LUST
$RC#: 5366
LUST
SRC#: 5448
LUST
SRO#: 5452
LUST
SRC#: 5497
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Exempt Site Inventory List within Riverside County was
March, 1997.
This database is provided by the Riverside Department of Health, Local Solid Waste
Enforcement Agency. The agency may be contacted at: 909-955-8982.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Waste Management Unit Database System 0NMUDS) was
October, 1998.
This database is provided by the State Water Resources Control Board. The agency
may be contacted at: 916-892-0323. This is used for program tracking and inventory
of waste management units. This system contains information from: Facility, Waste
Management Unit, SWAT Program and Report Summary Information, Chapter 15
(formerly Subchapter 15), TPCA and RCRA Program Information, Closure Information;
also some information from the WDS (Waste Discharge System).
The WMUDS system also accesses information from the following databases from the
Waste Discharger System (WDS): Inspections, Violations, and Enforcements. The sites
contained in these databases are subject to the California Code of Regulations -
Title 23. Waters.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date [or Region #8-SLIC List was June, 1998.
This da[abase is provided by the Regional Water Quality Control Board, Region #8.
The agency may be contacted at: 909-782-4499.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Region #7-Colorado River Basin Leaking Underground
Storage Tank Listing was August, 1996.
This database is provided by the Regional Water Quality Control Board, Region #7.
The agency may be con[acted at: 760-346-749%
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Riverside County~Lisfing of Underground Tank Cleanup
Sites was October, 1999.
This database is provided by the Riverside County Environmental Health Department,
Haz Mat Division. The agency may be contacted at: 909-358-5055.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date I~or Region #8-Santa Ana Regional Underground Tank
Database List was October, 1998.
This database is provided by the Regional Water Quality Control Board, Region #8.
The agency may be contacted at: 909-782-4499.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date I'or Lust Information System (LUST:S) was October, 1998.
This database is provided by the California Environmental Protection Agency. The
agency may be contacted at: 916-445-6532.
For more information call VISTA InformaUon Solutions, Inc. at 1 - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Ve~o~ 2.6.1 Page t19
fl
§
LUST
SRC#: 5670
LUST
SRC#: 5671
CORTESE
SRC#: 4840
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Lahontan Region LUST List was January, 1999.
This database is provided by the Lahontan Region Six South Lake Tahoe. The agency
may be contacted at: 916-542-5400.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Region #9 Leaking Underground Storage Tank List was
December, 1998,
This database is provided by the Regional Water,Quality Control Board, Region #9.
The agency may be contacted at: 619-467-2975.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Cortese List-Hazardous Waste Substance Site List was
April, 1998.
This database is provided by the Office of Environmental Protection, Office of
Hazardous Materials. The agency may be contacted at: 916-445-6532.
The California Governor's Office of Planning and Research annually publishes a listing
of potential and confirmed hazardous waste sites throughout the State of California
under Government Code Section 65962.5. This database (CORTESE) is based on
input from the following: (1)CALSlTES-Department of Toxic Substances Control,
Abandoned Sites Program Information Systems; (2)SARA Title III Section III Toxic
Chemicals Release Inventory for 1987, 1988, 1989, and 1990; (3)FINDS;
(4)HWlS-Department of Toxic Substances Control, Hazardous Waste Information
System. Vista has not included one time generator facilities from Cortese in our
database.; (5)SWRCB-State Water Resources Control Board; (6)SWlS-Integrated
Waste Management Control Board (solid waste facilities); (7)AGT25-Air Resources
Board, dischargers of greater than 25 tons of criteria pollutants to the air; (8)A1025-Air
Resources Board, dischargers of greater than 10 and less than 25 tons of criteria
pollutants to the air; (9)LTANK-SWRCB Leaking Underground Storage Tanks;
(IO)UTANK-SWRCB Underground tanks reported to the SWEEPS systems;
(11)lUR-Inventory Update Rule (Chemical Manufacturers); (12)WB-LF-Waste Board -
· Leaking Facility, site has known migration; (13)WDSE-Waste Discharge System -
Enforcement Action; (14)DTSCD-Department of Toxic Substance Control Docket.
For more informaUon call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
VeGion 2.6.1 Page #20
I
Deed
ReslTictJons
SRC#: 1703
Toxic Pits
SRC#: 2229
VISTA conducts a data base search to identify all sites within 1.5 mile of your property,
The agency release date for Deed Restriction Properties Report was April, 1994.
This database is provided by the Department oi~ Health Services-Land Use and Air
Assessment. The agency may be contacted at: 916-323-3376. These are voluntary
deed restriction agreements with owners of property who propose building
residences, schools, hospitals, or day care centers on property that is "on or within
2,000 Ceet of a significant disposal of hazardous waste".
California has a statutory and administrative procedure under which the California
Department of Health Services (DHS) may desigr~ate real property as either a
"Hazardous Waste Property" or a "Border Zone Property" pursuant to California Health
Safety Code Sections 25220-25241. Hazardous Waste Property is land at which
hazardous waste has been deposited, creating a significant existing or potential
hazard to public health and safety. A Border Zone Property is one within 2,000 feet of
a hazardous waste deposit. Property within either category is restricted in use, unless
a written variance is obtained from DHS. A Hazardous Waste Property designation
results in a prohibition of new uses, other than a modification or expansion of an
industrial or manufacturing facility on land previously owned by the facility prior to
January 1, 1981. A Border Zone Property designation results in prohibition of a variety
of uses involving human habitation, hospitals, schools and day care center.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for Summary of Toxic Pits Cleanup Facilities was February,
1995.
Water Wells
SRC#: 5384
This database is provided by the Water Quality Control Board, Division of Loans
Grants. The agency may be contacted at: 916-227-4396.
VISTA conducts a database search to identify all sites within 1.5 mile of your property.
The agency release date for USGS WATER WELLS was March, 1998.
I
'O
The Ground Water Site Inventory (GWSI) database was provided by the United States
Geological Survey (USGS). The database contains information for over 1,000,000
wells and other sources of groundwater which the USGS has studied, used, or
otherwise.had reason to document through the course of research. The agency may
be contacted at 703-648-6819.
RCRA-Viols/Enf
VISTA conducts a database search to identify all sites within 1.25 mite of your
property.
The agency release date for HWDMS/RCRIS was February, 1999.
The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and
[racks hazardous waste from the point of generation to the point of disposal. The
RCRA Facilities database is a compilation by the EPA of I:acilities which report
generation, storage, transportation, treatment or disposal of hazardous waste. RCRA
Violators are facilities which have been cited for RCRA Violations at least once since
1980. RCRA Enforcements are enforcement actions taken against RCRA violators.
For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: Jane 9, 1999
Ve~on 2.6.1 Page #21
USTs
SRC#:1612
US'Ts
SRC#: 5451
AST's
SRC#: 5513
VISTA conducts a database search to identify all sites within 1.25 mile of your
property.
The agency release date for Underground Storage Tank Registrations Database was
January, 1994.
This database is provided by the State Water Resources Control Board, Office of
Underground Storage Tanks. The agency may be contacted at: 916-227-4337;
Caution-Many states do not require registration of heating oil tanks, especially those
used for residential purposes.
VISTA conducts a database search to identify alLsites within 1.25 mile of your
property.
The agency release date for Riverside County UST List was October, 1998.
This database is provided by the Riverside County Environmental Health. The agency
may be contacted at: 909-358-5055; Caution-Many states do not require registration
of heating oil tanks, especially those used for residential purposes.
VISTA conducts a database search to identif}/all sites within 1.25 mile of your
property.
The agency release date for Aboveground Storage Tank Database was December,
1998.
This database is provided by the State Water Resources Control Board. The agency
may be contacted at: 916-227-4364.
1RIS VISTA conducts a database search to identify all sites within 1.25 mile of your
SRC#: 4946 property.
The agency release date for TRIS was January, 1998.
Section 313 of the Emergency Planning and Community Right-to-Know Act (also
known as SARA Title iii) of 1986 requires the EPA to establish an inventory of Toxic
Chemicals emissions from certain facilities( Toxic Release Inventory System), Facilities
subject to this reporting are required to complete a Toxic Chemical Release
Form(Form R) for specified chemicals.
ERNS
SRCa: 4939
VISTA conducts a database search to identi~ all sites within 1.125 mile or your
property.
The agency release date for was July, 1998.
The Emergency Response Notification System (ERNS) is a national database
containing records from October 1986 to the release date above and is used to
collect information for reported releases of oil and hazardous substances. The
database contains information from spill reports made to federal authoriUes
including the EPA, the US Coast Guard, the National Response Center and the
Department of Transportation. The ERNS hotline number is (202) 260-2342.
For more information call VISTA Information Solutions, Inc. at 1 - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
Vetch 2,6.1 Page ,f22
RCRA-LgGen
SRC#: 5596
RCRA-SmGen
SRC#:5596
VISTA conducts a database search to identify all sites within 1.125 mile of your
property.
The agency release date for HWDM$/RCEI$ was February, 1999.
The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and
tracks hazardous waste from the point of generation to the point of disposal. The
RCRA Facilities database is a compilation by the EPA of facilities which report
generation, storage, transportation, treatment or disposal of hazardous waste. RCRA
Large Generators are facilities which generate at least 1000 kg./month of
non-acutely hazardous waste ( or 1 kg./month of acutely hazardous waste).
VISTA conducts a data base search to identify all'sites within 1.125 mile of your
property.
The agency release date for HWDMS/RCRIS was February, 1999.
The EPA's Resource Conservation and Recovery Act (RCRA) Program identifies and
tracks hazardous waste from the point of generation to the point of disposal. The
RCRA Facilities database is a compilation by the EPA of facilities which report
generation, storage, transportation, treatment or disposal of hazardous waste. RCRA
Small and Very Small generators are facilities which generate less than 1000
kg./month of non-acutely hazardous waste.
For more information call VISTA Information Solutions, Inc. at I - 800 - 767 - 0403.
Report ID: 993070001 Date of Report: June 9, 1999
~ Pacific Treatment
~ June 8, 1999
Gradient Engineers, Inc.
~ Attn: Molly Hennessey
~ 3934 Murphy Canyon Road, Su
~ San Diego, California 92123
I Please find the following enclos
· 1) Analytical Report
· 2) QA/QC Report
I 3) Chain of Custody Form
I Samples were analyzed pursum
1I methodologies. Date of extract
~ for each compound analyzed. ~
I fi-om sample collection.
_ Data for each analytical methoi
~ applicable to the methodology:
tm · Quality Control Standard
[~ · Surrogate Percent Recovery
- · Laboratory Control Sample
· · Ma~ix Spike Recovery/Mat
I · Relative Percent Difference
I certify that this data report is in corn,
this hardcopy data report has been au
L/Vice President/Laboratory Director1
4340 Viewridge Avenue, Suite A · San Diego, CA 92123
Analytical Services, Inc.
(619) 560-7717 · Fax (619) 560-7763
Analytical Chemistry Laboratory
3934 Murphy Canyon Road, Suite B204
Project 1qameYNo.: Roripaugh Ranch
Laboratory Log No.: 1073-99
Date Received: 06/02/99
Sample Matrix: Fifteen soil samples
PO No.: 993070-001
Please find the following enclosures for the above referenced project identified:
....................................................... Certificate of Analysis. ...................... · ...............................
Samples were analyzed pursuant to client request utilizing EPA or other ELAP approved
methodologies. Date of extraction, date of analysis, detection limits and dilution factor are reported
for each compound analyzed. All samples were analyzed within the method'required holding time
Data for each analytical method was evaluated by assessing the following QAJQC functions, as
Laboratory Control Sample (LCS) percent recoveries for M1 analyses
MaWix Spike Recovery/Matrix Spike Duplicate Recovery (MSR & MSDR) and/or
Relative Percent Difference (RPD from MSR & MSDR)
I certify that this data report is in compliance both technically and for completeness. Release of the data contained in
this hardcopy data report has been authorized by the following signature.
Water · Soil · Waste · Wastewater · Marine Sediment & T~ssues· Elutriate
Analyses That Produce Results!
ANALYTE
BETA-BHC
CHLORDANE
DDD
8~°UI~OGATE PARAMETER
ANALYSIS RESULTS - EPA 8080
ORGANOcItLORINE PESTICIDES
CLIENT: GRADIENT ENGINEERS, INC.
PKOIECTNAME/No.: RORIPAUGH RANCH
PTAS LOG #: METHOD BLANK
1
DATE SAMPLED: N/A
DATE RECEIVED: N/A
DATE EXTRACTED: 06/0~99
DATE ANALYZED: 06/04/99
MATRIX: SOLID
SAMPLEVOL./WT.: 30 G
REPORTING LIMITS
PPB (UG/KG)
RESULTS
PPB (UG/KG)
DIELDRIN
ENDOSULFAN I
ENDOSULFAN II
ENDOSULFAN/SULFATE
ENDRIN
ENDRIN ALDEHYDE
HEPTACHLOR
HEPTACHLOR EPOXIDE
METHOXYCHLOR
2 ND
2 ND
2 ND
2 ND
2 ND
20 ND
2 ND
2 ND
2 ND
2 ND
2 ND
2 ND
2 ND
2 ND
2 ND
2 ND
2 ND
20 ND
25 ND
ND = ANALY~E NOT DETE~.-I'ED AT OR ABOVE THE INDICATED REPORTING LIMIT
REPORTING LIMITS AND RESULTS HAVE BEEN ADFUS 1 ~lJ ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
ACCEPTABLE RECOVERIES
26-146
% RECOVERY
98
I Pacific Treatment ~nalytical Services, lnc. 4340VlewfldgeAve.,$uiteA.SanDlego, GA92123 (G19)SGO-7717 FAX (619) S60-7763
!
ANALYSIS RESULTS - EPA 8080
ORGANOCHLORINE PESTICIDES
GRADIENT ENGINEERS, INC,
PROJECT NAME/No.: ROKIPAUGH RANCH
PTAS LOG #: 1073-99-1
SAMPLE ID: SI-I'
DILUTION FACTOR: 1
DATE SAMPLED: 06/01/99
DATE RECEIVED: 06/02/99
DATE EXTRACTED: 06/02/99
DATE ANALYZED: 06/04/99
MATRIX: SOIL
SAMPLE VOL./WT.: 30 G
ANALYTE REPORTING LIMITS RESULTS
PPB (UG/KG) PPB (UG/KG)
ALDRIN 2 ND
ALPHA-BHC 2 ND
BETA-BHC 2 ND
GAMMA-BHC 2 ND
DELTA~BHC 2 ND
CHLORDANE 20 ND
4,4-DDD 2 ND
4,4-DDE · 2 ND
4,4-DDT · 2 ND
DI~'J ,DRIN 2 ND
ENDOSULFAN I 2 ND
ENDOSULFAN II 2 ND
ENDOSULFAN SULFATE 2 ND
ENDKIN 2 ND
ENDRIN ALDEHYDE 2 ND
HEPTACHLOR 2 ND
HEPTACHLOR EPOXIDE 2 ND
METHOXYCHLOR 20 ND
TOXAPHENE 25 ND
ND = ANALYTE NOT DETF_~i'~D AT OR ABOVE THE INDICATED REPORTING LIMIT
REI~RTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLy TO ACCOUNT FOR DILUTION FACTOR.
SURROGATE PARAMETER
TCMX
ACCEPTABLE RECOVERIES
26-146
% RECOVERY
95
Pacific Treatment Analytical Services, Inc. 4340 Viewfldge Ave., Suite A. San Diego. CA 92123 (619) 560-7717 F~X (619) 560-7763
ANALYSIS RESULTS - EPA 8080
ORGANOCHI~RINE PESTICIDES
GRADIENT ENGINEERS, INC.
PROJECTNAMEfNo.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-2
SAMPLE ID: S2-1'
DILUTION FACTOR: 1
ANALYTE REPORTING LIMITS
PPB (UG/KG)
2
2
2
20
2
2
2
2
2
2
2
2
2O
SURROGATE PARAMETER ACCEPTABLE RECOVERIES
TCIVD< 26-146
DATE SAMPLED: 06/01/99
DATE RECEIVED: 06/02/99
DATE EXTRACTED: 06/02/99
DATE ANALYZED: 06/04/99
MATRIX: SOIL
SAMPLEVOL./WT,: 30 O
RESULTS
PPB (UG/KG)
ALDRIN ND
ALPHA-BHC ND
BETA-BHC ND
GAMMA-BHC ND
DELTA~BHC ND
CHLORDANE ND
4,4-DDD ND
4,4-DDE ND
4,4~DDT ND
DIELDRIN ND
ENDOSULFAN I ND
ENDOSULFAN II ND
ENDOSULFAN SULFATE ND
ENDRIN ALDEHYDE ND
HEPTACHLOR ND
HEPTACHLOR EPOXIDE ND
METHOXYCHLOR ND
ND = ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT
REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
% RECOVERY
Pacific Treatment Analytical Services, Inc. 4340 '~ewfldge Ave., Suite A- San Diego. CA 92123 (619) 560-7717 F~X (619) 560-7763
ANALYSIS RESULTS - EPA 8080
ORGANOCHLORINE PESTICIDES
CLIENT: GRADIENT ENGINEERS, INC.
PROIECT NAMEfi~o.: ROR1PAUGH RANCH
PTAS LOG #: 1073-99-2 (DUPLICATE)
SAMPLE ID: $2- I' (DUPLICATE)
DILUTION FACTOR:
DATE SAMPLED: 06/01/99
DATE RECEIVED: 06/02/99
DATE EXTRACTED: 06/02/99
DATE ANALYZED: 06/04/99
MATRIX: SOIL
SAMPLE VOL./WT.: 30 G
ANALYTE REPORTING LIMITS RESULTS
PPB COG/KG) PPB (UG/KG)
ALDRIN 2 ND
ALPHA-BHC 2 ND
BETA-BHC 2 ND
GAMMA-BHC 2 ND
DELTA-BHC 2 ND
CHLORDANE 20 ND
4,4-DDD 2 ND
4,4-DDE 2 ND
4,4-DDT 2 ND
DIELDRIN 2 ND
ENDOSULFAN I 2 ND
ENDOSULFAN II 2 ND
ENDOSULFAN SULFATE 2 ND
ENDRIN 2 ND
ENDRIN ALDEHYDE 2 ND
HEPTACI-ILOR 2 ND
HEPTACHLOR EPOXIDE 2 ND
METHOXYCI-ILOR 20 ND
TOXAPHENE 25 ND
ND= ANALYTE NOT DETECTED AT OR ABOVE TH~ INDICATED REPORTING LIMIT
P, Ei~RTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
SURROGATE PARAMETER
TCMX
ACCEPTABLE RECOVERIES
26-146
% RECOVERY
96
Pacific Treatment Analytical Services, Inc. 4340 Vlewfldge Ave., StdteA,SanDlego, GA92123 (619) 560-7717 FAX (619) 560-7763
ANALYSIS RESULTS - EPA 8080
ORGANOCHLORINE PESTICIDES
CLIENT: GRADIENT ENGINEERS, 1NC.
PROIECTNAMEINo.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-5
SAMPLE ID: S5-1'
DILUTION FACTOR: 1
~ ANALYTE REPORTING LIMITS
PPB (UG/KG)
2
2
2
20
2
2
2
2
2
2
2
2
20
SURROGATE PARAMETER ACCEPTABLE RECOVERIES
i TClvfX 26-146
II
DATE SAMPLED: 06/01/99
DATE RECEIVED: 06/02/99
DATE EXTRACTED: 06/02/99
DATE ANALYZED: 06/04/99
MATRIX: SOIL
SAMPLE VOL./WT.: 30 G
RESULTS
PPB (-'JG/KG)
ALDRIN ND
ALPHA-BHC ND
BETA-BHC ND
GAMMA-BHC ND
DELTA-BHC ND
CHLORDANE ND
4,4-DDD ND
4,4-DDE ND
4,4-DDT ND
DIELDRIN ND
ENDOSULFAN I ND
ENDOSULFAN ~ ND
ENDOSULFAN SULFATE ND
ENDRIN ND
ENDRIN ALDEHYDE ND
HEPTACHLOR ND
HEPTACHLOR EPOXIDE ND
METHOXYCHLOR ND
ND ~ ANALYTE NOT DE ~ ~c.'TED AT OR ABOVE THE INDICATED REPORTING LIMIT
REI~RTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
% RECOVERY
98
Pacific Treatment Analytical Services, Inc. 434o w~doe Ave., s~t~ ~. san Diego, CA 92123 (619) 560-7717 FAX (619) 560-7763
ANALYSIS RESULTS - EPA 8080
ORGANOCHLORINE PESTICIDES
CLIENT: GRADIENT ENGINEERS, INC.
PROJECT NAMEiNo.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-6
SAMPLE ID: S6-1'
DILUTION FACTOR: I
DATE SAMPLED: 06/01/99
DATE RECEIVED: 06/02/99
DATE EXTRACTED: 06/02/99
DATE ANALYZED: 06/04/99
MATRIX: SOIL
SAMPLE VOL./WT.: 30 G
ANALYTE REPORTING LIMITS RESULTS
PPB (UG/KG) PPB COG/KG)
ALDRIN 2 ND
ALPHA-BHC 2 ND
BETA-BHC 2 ND
GAIvIMA-BHC 2 ND
DELTA-BHC 2 ND
CHLORDANE 20 ND
4,4-DDD 2 ND
4,4-DDE 2 ND
4,4-DDT 2 ND
DIELDRIN 2 ND
ENDOSULFAN I 2 ND
ENDOSULFAN II 2 ND
ENDOSULFAN SULFATE 2 ND
ENDRIN 2 ND
ENDKIN ALDEHYDE 2 ND
HEPTACHLOR 2 hD
HEPTACHLOR EPOXIDE 2 ND
METHOXYCHLOR 20 ND
TOXAPHENE 25 ND
ND = ANALYTE NOT DE'rECTED AT OR ABOVE THE INDICA ~ tatJ REPORTING LIM1T
REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
SURROGATE PARAMETER
TC/vlX
ACCEPTABLE RECOVERIES
26-146
% RECOVERY
95
Pacific Treatment Analytical Services, Inc. 4340 ww~d;, Ave., sate A. San Dido, CA 92123 (619) 560-}'717 lAX (619) 560-7763
ANALYSIS RESULTS - EPA 8080
ORGANOCHLORINE PESTICIDES
CLIENT: GRADIENTENG1NEERS, INC.
PROIECT NAME/No.: ROR. IPAUGH RANCH
PTA$ LOG #: 1073-99-7
SAMPLE ID: S7-1'
DILUTION FACTOR: 1
ANALYTE REPORTING LIMITS
PPB (UG/KG)
ALDRIN 2
ALPHA-BHC 2
BETA-BHC 2
GAMMA-BHC 2
DELTA-BHC 2
CHLORDANE 20
4,4-DDD 2
4,4-DDE 2
4,4~DDT 2
DIELDRIN 2
ENDOSULFAN I 2
ENDOSULFAN II 2
2
20
TOXAPHENE 25
ACC . L RECOVE 826.46
DATE SAM?LED: 06/01/99
DATE RECEIVED: 06/02/99
DATE EXTRACTED: 06/02/99
DATE ANALYZED: 06/04/99
MATRIX: SOIL
SAMPLE VOL./WT.: 30 G
ND = ANALYTE NOT D~ l ,~A."rED AT OR ABOVE THE INDICATED REPORTING LIMIT
REPORTING LIIvIITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
Pacific Treatment Analytical Services, Inc. 4340 View~tdQe Ave., Suite A- San Diego, CA 92123
RESULTS
PPB (UG/KG)
% RECOVERY
101
(619) 560-7717 FAX (619) 560-7763
I
QA/QC REPORT
METHOD: EPA 8050-SOIL ACCEPTABLE ACCEPTABLE
DATE ANALYZED: 06/04/99 LCS,MS/MSD RPD
QA/QC SAMPLE: 1073-99-2 CRITERIA CRITERIA
SPIKED ANALYTE LCS % R MS % R MSD % R RPD % %
GAMMA-BHC 99 95 93 2 32-127 <30
I-~PTACHLOR 99 98 96 2 34-111 <30
ALDRIN 87 85 85 0 42-122 <30
DIELDRIN 108 108 108 0 - 36-146 <30
ENDRIN 127 100 98 2 30-147 <30
4,4-DDT 110 119 115 3 25-160 <30
LCS % R = LABORATORY CONTROL SAMPLE PERCENT RECOVERY
MS % R = MATRIX SPIKE PERCENT RECOVERY
MSD % 1% = MATRIX SPIKE DUPLICATE PERCENT P. ECOVERY
RPD = RELATIVE PERCENT DIFFERENCE
Pacific Treatment Analytical Services, Inc. 4340 Vlewfldge Ave., Suite A. San Diego. CA 92123 (619) 560-7717 FAX (619) 560-7763
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
CLIENT: GRADIENT ENGINEERS, INC.
PROJECTNAME/No.: RORIPAUGH RANCH
PTAS LOG #: METHOD BLANK
CLIENT SAMPLE ID: N/A
DILUTION FACTOR: 1
DATE SAMPLED: N/A
DATE RECEIVED: N/A
DATE EXTRACTED: 06/02/99
DATE ANALYZED: 06/02/99
MATRIX: SOLID
SAMPLE VOL/WT.: l0 O
~ ANALYTE
C8 < HC
C8 < HC < C9
C9 < HC < Cl0
CI0 < HC < Cf1
Cll < HC < C12
C12 < HC < C14
C14 < HC < C16
C16 < HC < C18
._< < c2o
C20 < HC < C24
C24 < HC < C28
C28 < HC < C32
C32 ~ ItC < C36
C36 S HC < CA0
CA0 ~ HC
REPORTING LIMITS
PPg (MG/KG)
RESULTS
PPg (MG/KG)
I ND
I ND
I ND
I ND
1 ND
I ND
1 ND
1 ND
I ND
1 ND
I ND
I ND
I ND
1 ND
1 ND
TOTAL HC
ND
TPH IDENTI~'ICATION: NONE
HC = HYDROCARBON
D ND ~ ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LIMITS AND RESULTS HAVE BEEN AD3USTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
Pacific Treatment Analytical Servfces, Inc. 4340 Vtev, nldge Ave., Stdte A. San Diego, CA 92123 (619) 560-7717 FAX (619) 560-7763
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
CLIENT: GRADIENT ENGINEERS, INC.
PROJECTNAME/No.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-8
CLIENT SAMPLE ID: SS1-2"
DILUTION FACTOR: 1
DATE SAMPLED: 06/01/99
DATE RECEIVED: 06/02/99
DATE EXTRACTED: 06/02/99
DATE ANALYZED: .06/02/99
ML~TPJX: SOE,
SAMPLE VOL,/WT,: 10 G
ANALYTE REPORTING LIMITS RESULTS
PPM (MG/KG) PPM (MG/KG)
~ HC I ND
i HC < C9 1 ND
< HC < C10 I ND
C10 _< HC < CI1 1 ND
Cll -< HC < C12 1 ND
C12 -~ HC < C14 I ND
C14 _~ HC ~ C16 I I
C16 -< HC < cig I 4
C18 ~.HC < C20 I 6
C20 _< HC < C24 1 13
C24 _< HC < C28 1 60
C28 < HC < C32 1 180
C32 ~ HC < C36 1 101
C36 ~ HC < CiO 1 81
C40 _~ HC I 37
TOTAL HC 1 483
'rPH IDENTIIqCATION: WEATHERED DIESEL & WASTE OIL
HC = HYDROCARBON
ND = ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILD'rlON FACTOR.
[Pacific TreatmentAna/ytlcalServices, lnc. 4340¥1ewfldgeAve.,ScdteA.$anDlego, CA92123 (619)560-7717 FAX(619)560-7763
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
~LIENT: GRADIENT ENGINEERS, INC.
PROJECTNAME/No.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-9
CLIENT SAMPLE ID: SS2-2"
DILUTION FACTOR: 10
DATE SAMPLED:
DATE RECEIVED:
DATE EXTRACTED:
DATE ANALYZED:
MATRIX:
SAMPLE VOL./WT.:
06~1~9
06~2~9
06/02~9
06~3~9
SOIL
10G
REPORTING LIMITS
PPM (MG/KG)
RESULTS
PPM 0VIG/KG)
10 ND
< C9 10 ND
< C10 I0 ND
< Cll 10 ND
< C12 10 ND
< C14 10 ND
< C16 10 11
< C18 10 40
< C20 10 126
< C24 10 276
< C28 10 1,560
< C32 10 770
< C36 I0 220
< CA0 10 200
10 70
C8 _< HC
C8 ~ HC
C9 _< HC
C10 < HC
Cll < HC
C12 < HC
C14 _< HC
C16 ~ HC
C18 -< HC
C20 _< HC
~ HC
~ HC
-< HC
C36 < HC
CA0 < HC
TOTAL HC l 0 3,570
TPH IDENTII~'ICATION: WEATHERED DIESEL & WASTE OIL
ND = ANALYTE NOT D~l I~CTF. D AT OR ABOVE THE INDICATED REPORTING LIMIT.
Pacific Treatment Analytical Services, Inc. 4340 ¥~vftdge Ave.. Suite A. San Diego. CA 92123 (619) 560-7717
(619) 560-7763
il
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
CLIENT: GRADIENT ENGINEERS, INC.
PROJECT NAMF_JNo.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-10
CLIENT SAMPLE ID: SS3-1"
DILUTION FACTOR: 5
DATE SAMPLED:
DATE RECEIVED:
DATE EXTRACTED:
DATE ANALYZED:
MATRIX:
SAMPLE VOL./WT.:
ANALYTE REPORTING LIMITS RESULTS
06/01/99
06/02/99
06/02/99
06/03/99
SOIL
10G
PPM (MG/KG)
C8 < HC 5 ND
C8 < HC < C9 5 13
C9 < HC < C10 5 ND
CI0 < HC < Cll 5 ND
Cll < HC < C12 5 7
C12 < HC < C14 5 6
C14 < HC < C16 5 10
C16 < HC < C18 5 13
C18 < HC < C20 5 7
C20 _< HC < C24 5 12
i[i C24 < HC < C28 5 85
1228 < HC < C32 5 265
C32 < HC < C36 5 287
C36 < HC < C40 5 298
C40 < HC 5 230
PPM (MG/KG)
TOTAL HC 5 1,230
TPH IDENTIFICATION: WEATHERED DIESEL & WASTE OIL
HC = HYDROCARBON
ND = ANALY'rE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
S~rv~ce.~, 4340 V1ewrldlle Ave.. Suite A,, San Diego. CA 92123 (619) 560-7717 FAX (619) 560-7763
Treatment
Analytical
Inc.
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
CLIENT: GRADIENT ENGINEERS, INC.
PROIECT NAIvlF_/No.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-11
CLIENT SAMPLE ID: SS4-1'
DILUTION FACTOR: I
DATE SAMPLED:
DATE P~CEIVED:
DATE EXTRACTED:
DATE ANALYZED:
SAMPLE VOL./WT.:
ANALYTE
REPORTING LIMITS
RESULTS
06~1~9
06~2/99
06~2~9
06~2/99
SOIL
10G
C8
C9
CIO
Cf1
C12
C14
C16
C18
C20
1224
{232
C36
C40
< HC
< HC < C9
< HC < C10
<HC < Cll
< HC < C12
< HC < C14
-< HC < C16
< HC < cig
< HC < C20
< HC < C24
< HC < C28
< HC < C32
< HC < C36
~ HC < C40
-< HC
PPM (MG/KG)
PPM (MG/KG)
ND
ND
ND
ND
ND
ND
2
12
39
39
34
48
25
26
24
TOTAL HC I 249
TPH IDENTIFICATION: WEATHERED DIESEL & WASTE OIL
HC =HYDROCARBON
g ND = ANALYTE NOT Dia-I'BCTED AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LIMITS Ay,rD RESULTS HAVE BEE]4 ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
Pacific Treatment Analytical Services, Inc. 434o vtewrlclge Ave., Suite A · San Ol~o. CA 92123
(619) 560-7717
FAX (619) 560-7763
il
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
CLIENT: GRADIENT ENGINEERS, INC.
PROIECT NAMF_INo,: RORIPAUGH RANCH
PTAS LOG #: 1073-99-12
CLIENT SAMPLE ID: SS5-3"
DILUTION FACTOR: 1
DATE SAMPLED:
DATE KECEIVED:
DA TE EXTRACTED:
DATE ANALYZED:
SAMPLE VOL./WT.:
ANALYTE REPORTING L1MITS RESULTS
06~1~9
06/02~9
06/0~99
06~2~9
SO~
10G
PPM (MG/KG)
PPM 0VIG/KG)
C8 < HC I ND
I C8 -< HC < C9 I ND
C-'9 < HC < C10 1 ND
C10 _< HC < Cll 1 ND
I Cll < HC < C12 I ND
C12 < HC < C14 1 ND
C14 < HC < C16 1 ND
C16 < HC < C18 1 ND
C18 < HC < C20 1 ND
C20 < HC < C24 I 2
C24 ~ HC < C28 I 15
iC'28 < HC < C32 1 68
C32 ! HC < C36 1 23
C36 < HC < CA0 1 27
I C40 < HC
1
18
TOTAL HC 1 153
TPH IDENTIFICATION: WASTE OIL
ND = ANALYTE NOT DETF_,CrED AT OR ABOVE THE INDICATED REPORTING LIMIT.
I!
Pacific Treatment Analytical Services, Inc. 4~4o g~,nldge Aw., Suite A. San Diego, CA 92123 (619) 560-7717 F~((619) 560-7763
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
CLIENT: GRADIENT ENGINEERS, INC.
PROJECTNAMFJNo.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-13
CLIENT SAMPLE ID: SS6-2"
DILUTION FACTOR: 1
DATE SAMPLED:
DATE RECEIVED:
DATE EXTRACTED:
DATE ANALYZED:
SAMPLE VOL./WT.:
ANALYTE
REPORTING LhVIITS
RESULTS
06/01/99
06/02/99
06/02/99
06/03/99
SOIL
10G
C8 ~ HC
C8 < HC < C9
C9 < HC < C10
C10 -< HC < Cll
Cll < HC < C12
C12 < HC < C14
C14 < HC < C16
C16 -< HC < C18
C18 -< HC < C20
C20 < HC < C24
C24 < HC < C28
C28 < HC < C32
C32 _< HC < C36
C36 ~ HC < CA0
I CA0 < HC
PPM (MG/KG)
PPM (MG/KG)
ND
ND
ND
ND
11
ND
ND
5
2
3
2
27
9
4
6
TOTAL HC
§-
1 69
TPH IDENTIIqCATION: WEATHERED DIESEL & WASTE OIL
HC = HYDROCARBON
ND = ANALYTE NOT DE'rEulliro AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LllvllTS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
Pacific Treatment Analytical Services, Inc. 4340 ~lewfldge Aye., Suite A · San Die~o, CA 92123
(619) 560-7717
F~X(619) 56O-7763
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
CLIENT: GRADIENT ENGINEERS, INC.
PROJECTNAMFdNo.: RORIPAUGH RANCI4
PTAS LOG #: I073-99-13 (DUPLICATE)
CLIENT SAMPLE ID: SS6-2" (DUPLICATE)
DILUTION FACTOR: 1
DATE SAMPLED:
DATE RECEIVED:
DATE EXTRACTED:
DATE ANALYZED:
MATRIX:
SAMPLE VOL./WT.:
ANALYTE REPORTING LIMITS RESULTS
06~1D9
06~2D9
06~2D9
06~3D9
SOIL
10G
PPM (MO/KG)
C8 ~ HC I ND
I C8 -< HC < C9 I ND
C9 < HC < Cl0 1 ND
C10 _< HC < CI1 I ND
I Cll < HC < C12 I 5
C12 < HC < C14 I ND
C14 < HC < C16 1 ND
C16 ~ HC < C18 1 4
C18 < HC < C20 I 1
C'20 < HC < C24 I 2
l C24 < HC < C28 I ND
C28 ~ HC < C32 1 36
C32 < HC < C36 I 5
--. C36 < HC < C40 1 4
ICA0 _< HC
1
4
PPM (IvlG/KG)
.. TOTAL HC I 61
TPH IDENT~'iCATION: WEATHERED DIEBEL & WASTE OIL
I
HC = HYDROCARBON
ND = ANALYTE NOT DETECTED AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILIYFION FACTOR.
Pacific Treatment Analytical Servfces, Inc. 4340 ~nev, ndoe Aw., s~ A. San Die~o, CA 92123 (619) 560-7717 FAX (619) 560-7763
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM D2887
GRADIENT ENGINEERS, INC.
PROJECT NAMFJNo.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-14
CLIENT SAMPLE ID: SS7-4"
DILUTION FACTOR: 1
DATE SAMPLED:
DATE RECEIVED:
DATE EXTRACTED:
DATE ANALYZED:
SAMPLE VOL./WT.:
06~1~9
06~2~9
06~2/99
06/03~9
sore
lOG
~ ANALYTE
REPORTING LIMITS
PPM (MO/KG)
RESULTS
PPM (MG/KG
C8 < HC 1 ND
a C8 < HC < C9 1 ND
C9 < HC < Cl0 1 ND
C10 < HC < Cll 1 ND
I Cll _< HC < C12 1 ND
C12 < HC < C14 I ND
C14 < HC < C16 I ND
C16 < HC < C18 1 2
C18 < HC < C20 I ND
C20 < HC < C24 I 2
.~ C24 < HC < C28 I 11
: C28 < HC < C32 1 61
t C32 < HC < C36 1 30
C36 < HC < CA0 I 22
i CA0 < HC I 13
TOTAL HC I 141
TPH IDENTIFICATION: WASTE OIL
HC = HYDROCARBON
ND'= ANALYTE NOT DI= t I~,,'rED AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LIMITS AND RESULTS HAVE BEEN AD.RJSTED ACCORDINGLY TO ACCOUNT FOR DILLrrION FACTOR.
Pacific Treatment Analytical Services, Inc. 4340 ~n~n~oe A~., ss A. san Diego, CA 92123 (619) 560-7717 FAX (610) 560-7763
ANALYSIS RESULTS - TPH EXTENDED RANGE
BY ASTM 02887
CLIENT: GRADIENT ENGINEERS, INC.
PROJECT NAME/No.: RORIPAUGH RANCH
PTAS LOG #: 1073-99-15
CLIENT SAMPLE ID: SS8-3"
DILUTION FACTOR: 1
DATE SAMPLED:
DATE RECEIVED:
DATE EXTRACTED:
DATE ANALYZED:
MATRIX:
SAMPLE VOL./WT.:
ANALYTE
REPORTING LIMITS
RESULTS
06/01/99
06/02/99
06/02/99
06/03/99
SOIL
10G
PPM 0VIG/KG)
PPM (MG,'KG)
C8 -< HC 1 ND
C8 _< HC < C9 1 ND
C9 < HC < Cl0 1 ND
C10 < HC < CI1 1 ND
Cll < HC < C12 1 2
C12 < HC < C14 1 ND
C14 < HC < C16 1 ND
C16 < HC < C18 I 6
C18 < HC < C20 1 14
C20 < HC < C24 I 16
C24 < HC < C28 I 60
C28 < HC < C32 I 183
C32 < HC < C36 I 116
C36 < HC < CA0 I 101
I CA0 ~ HC
I
84
TOTAL HC
I 583
ii
Il
TPH IDENrl/~'ICATION: WEATHERED DIESEL & WASTE OIL
HC -- HYDROCARBON
ND = ANALYTE NOT DETEurk:D AT OR ABOVE THE INDICATED REPORTING LIMIT.
REPORTING LIMITS AND RESULTS HAVE BEEN ADJUSTED ACCORDINGLY TO ACCOUNT FOR DILUTION FACTOR.
Pacific Treatment Analytical Services, Inc. 4340 ~nldge &~e., Suite A · San Dle;o, C^ 92123 (619) 560-7717
FAX (619) 560-7763
QA/QC REPORT
METHOD: TPH-ASTM D2887 ACCEPTABLE ACCEPTABLE
LCS,MS/MSD RPD
DATE ANALYZED: 06/02-03/99 CRITERIA CRITERIA
SPIKEDANALYTEILCS%RI ,/oRMSsD0%R R.PD % %
DIESEL 96 62* 25 75-125 <30
LCS % R-- LABORATORY CONTROL SAMPLE PERCENT RECOVERY
MS % R = MATRIX SPIKE PERCENT RECOVERY
MSD % R = MATRIX SPIKE DUPLICATE PERCENT RECOVERY
RPD = RELATIVE PERCENT DIFFERENCE
* NOTE: POOR RECOVERY AT'rRIBUTABLE TO NON-HOMOGENEITY OF SAMPLE SPLICED. ALL OTHER QC DATA INDICATES
METHOD IS IN CONTROL.
~.~, Pacific Treatment Analytical Services, Inc. 4340 ~e~age A~.. su~ A · San Dla~o, CA 92123 (619) 560-7717 FAX (619) 560-7763
993070-001
SITE PHOTOS
PHOTO NO. 1:
View facing east ora portable tank noted in the northern area of the Site. The Roripaugh residences are located in the background. Sample SSI-2"
was collected adjacent to the tank, beneath the stained soil.
PHOTO NO. 2:
View of petroleum stained soil located in AOC I. Sample SS5-3" was collected beneath this soil stained area.
! I 993070-001
SITE PHOTOS
PHOTO NO. 3:
View of unlabeled containers located in AOC 1, primarily containing whm ~pea~d to be waste oil. Soil s~ining noted and sample SS6-2" was
collec~d a~acent to the one-half 55-gallon dram in the center of the photo.
PHOTO No. 4:
View of containers located in AOC I. The containers were unlabeled or labeled to contain oil or hydraulic fluid. Soil staining was noted in the area
of the wooden pallet located in the left area of the photo. Soil sample SS7-4" was collected adjacent to the pallet beneath the stained soil.
993070-00!
PHOTO NO. 5:
i'
View of severaJ containers located west of the workshop located in AOC 1.
SITE PHOTOS
PHOTO NO. 6:
View ct' two dieseI ASTs located in AOC 1. Sample SS4- I' was ¢ollect:d beneath the stained soil adjacent to the nozzles.
993070-001
SITE PHOTOS
PHOTO NO. 7:
View facing north of a pile of miscellaneous debris located at the east end of the airstrip in AOC 2.
PHOTO No. 8:
View facing southwest of debris located in thc southeast area of the airstrip in AOC 2.
993070-001
~" PHOTO NO. 9:
i . View of discarded tires located in the southeast area of the airstrip in AOC 2.
PI~OTO NO. 10:
View facing southwest of plane hangers in AOC 2. Note the unleaded fuel AST located in the central right area of the photo.
SZTE PHOTOS
SITE PBOTOS
PHOTO NO. ZZ:
View of unlabeled 5-gallon containers located in ^OC 2. Sample 8S2-2" was collected bcnea~ the stained soil a~acent to these containers.
PHOTO No. 12:
View o£ shed and discarded rusted equipment parts located to thc south o1' thc airstrip in ^OC 2.
PHOTO NO. 13:
View of discarded rusted equipment parts located to the south of the airstrip in AOC 9.
SITE PHOTOS
PHOTO NO. 14:
View of debris and unlabeled containers located to the south of thc airstrip. Soil sample SS3-1' was collected beneath the soil staining.
993070-001
SITE PHOTOS
PHOTO NO. 15:
View facing southwest of discarded debris including ASTs located in AOC 2.
PHOTO NO. 16:
View £acing south oi~ the AST observed in the southern area o£the Site.
GRADIENT
Gradient Engineers, Inc, (Gra
PPl~affii~a~aiee~ 1~ i'~ i~(~n~l~ te~ t i
form is part ofth~ ASTM Stanc
t~ceu q;~ Snt ic~ nl~ nt ~ aw3 ;;;t ;nPsP 'wYe j?s'
thorough as possible. Please r
Diego office by fax (619) 268-5
If you have any questions pleas~
Thank you for your timely COOl:
Respectfully submitted,
~~'//'~ '~GRADIENT ENGiNEERs, ~
StaffEnvironmental Eilgin-edr
Attachment: Phase I ES
Mushy Canyon R~ad, Suite B204, San Diego, CA ~2t23
A734.207
Environmental Services
June 1, 1999
Project No. 993070-001
ESA Transaction Screen Questionnaire
(619) 268-t32{:
FAX {619) 268-519.~
Thank you for your timely cooperation.
GRADIENT ENGINEERS, INC.
Phasc I Environmental Site Assessment Questionnaire, 800-Acre Roripaugh
Ranch, Mun'ieta, Riverside County, California
Gradient Engineers, Inc., (Gradient) has been contacted by Ashby Development Company to
perform a Phase I Environmental Site Assessment (ESA) at the subject site.
Please take a few moments to fill out the attached questionnaire regarding the subject site. This
form is part of the ASTM Standard for Phase 1 ESAs and will be included in our report. Some of
the questions may not apply to your site but are included to conform with the ASTM Standard. If
you do not know the answer, simply check the "Unknown (UNK.)" box. However, please be as
thorough as possible. Please return the completed questionnaire by June 7, 1.999, to our San
Diego office by fax (619) 268-5199, and mail the original to this office.
If you have any questions please do not hesitate to contact the undersigned at (619) 268-1320.
!
PHASE I ENVIRONMENTAL SITE ASSESSMENT
TRANSACTION SCREEN QUESTIONNAIRE
"Property Owner: Phone No.: Project Number:
Site Address:
.[ .State:
I. Is thcp~o~;.~ or any adjolnlngproperty used for an ifldus~ial nsc? If
so, p[casc state which (sobjcctproperty an~er adjacent property)
2. To thc best of your knowledge, has thc property, or any adjoining
prope.*ty been used for an industrial nsc in thc past? If so, please state
which (subj¢ct property und/or adjacent property)
3. Is thc property or any adjoining property, used ~ a g~clinc station,
motor repair facility, commercial printing facility, do' cteancrs, photo
developing laboratory, junlo/~rd or I~ndfil[, or ~z a wasta t~catmcn~
storngc, disposal, pmccsalng, or recycling facility? If so, plcaso state
/
which (sobjact property ~md/or adjaceni property)
4. To thc best of your knowtedge h~z thc property, or any adjoining
property been used as a gasoilnc station, motor repair facility.
commcmial printing facility, d~ clcuner~, photo dcvcinping
laboratory, junk'yard or landfill, or as a waste treatment, storage./\
disposal, processing, or recycling facility? If so, please state which
(sobjcct property and/or adjacent property)
5. Arc thcrc ,~,,,~,Gy, or to thc ~ of your k~wledge have there boca
prc. vionsly, any danced or discarded automotive or indu.~.i~l
bo~,xeric~, or pesticides, paints, or other chemicals in individual
containers of grca~r than $ gal (19 L) in vohtmc or 50 pi (190 L) in
thc, ng~cga~c, stored on or used at thc property or at thc facility?
6. Ar~ them c~c~tly, or to thc best aryans knowledge have there boun
previnnsly, any industrial dr~ntr (typically 55 gal. (208 L)) or sacks of
chcmic.~ts locat~ un thc property or at thc facility'/
/,
7. Hns fll d/ri been brought onto thc property that originated from a '~,
COl~taznln*t~d $it~ or that is of asl tt~alowa Origin?
8. Are thc~ ~.~,~dJy, or to the bost of yoor knowledge have then: been
prc~'ionsly, any pl~, /~.~, (~- ~goun.v located on the p~operty in
connection with wasto nv. am~ent or wa.v~ disposal?
9. Is the~c cu,,~,Uy, or to the best of your knowledge hns them been
prcvinnsly, nny stained soil on the ?~open'.v
prcvionsly, nny registered or unregistered storage tanks (above or
11. Ate there ~,~,~lly, or to thc best of your knowledge have ther~ been
pfevlously, any vunt ptpns, fill plpe~ or access whys indlo~iflg n fill
pipe pto~ ~om the ground on the p~o..~.~ or ndjacunt to ~-~y
12. Are tbo~ ~,~,~utl.v, or to thc best of your knowledge have th~c been
previously, any floming, drains, or walls inched within th~ thcility
that a~ s~!---,~_ by sub~-tuncns other than ~ or are emitting foul
d~slgn~cd m contamtm~ed by lay government cnvimnmentnl/he~dth
14. Doe~ the ~)e,~ ~- ~c~t~mt of the pn~pe~ty have any knowledge of
envt~n~enta/Ii~n~ or governmental notification ~inting to past or
reunr~nt vinlations of environmental inws with n:spec, t to the
~roperty or uny facility located on tho ?~pe~ty
15. H~ thc ormer or ~-'ct ~a~,' of the property boun informed of th~ past
or .c~em existence of hazar~ou.v ~ubztance~ ~- ~etrol~um produ¢~ or
env~ronmunMl violations with respect to the praperty or nny facility
Iounted on the property
16. Dons the owner or (x~--upa~t of the properO, have any knowledge of
any emqronmental :Itc a~se~sment of thc property or factl#y that
indicatad ~ pn:scnce of hazardou~ xub#tancet or petroleum producU
on, or cuntamlnatlun of, tho property or ~unmmcnded further
assczzmunt of the property
~.~c (page I of 2)
(continued from page I)
QUESTION YES NO UNIL COMMENTS
17. Does the owner or occupant of the property know of any
threatened, or pending lawsuits or adminis*.tativ¢ proceeding~
concerning a release or threatened release of any hazardota substance
~r petroleum praduct~ involving the property by any owner or
oc*upant of the property?
18. Does thc property discharge w~ste water on or adjacent to thc
property other San storm water into a sanitaO, sewer system?
i9. To thc best of your knowledge, have any hazardou, t substances or
petroleum products, unidcntifie~t w~stc materials, tires, automotive or
industrial batteries or thy other waste materials been dumped abovc .
grade, buried and/or burned on thc property?
20. Is thcre a transformer, capacitor, or any hydraulic cquipmc~t for
which there are any records indicating thc presence of PCBs?
UNK~ ~W~'b~':~
Current Property Owner's Time Period of Ownership: ............... ~--.-:~: ..........................................................
......................................................................................... ~ ............. ~ ....................... ~ .............................................
Property Utilization During Ownershi~ ~ ~,~.~~
Additional Comments (Including site source of water, sewage disposal methods and source of heating and fuell
This questionnaire was completed by:
Name: ~,~_~ ~
Firm:
Phone Number:
Preparer presents that to the best of the preparer's knowledge the above statements and facts are true and correct an,
to the best of the preparer's actual knowledge no material facts have been suppressed or misstated.
Signature
(page 2 of 2)
A'I'i'ACHMENT NO. 2
RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX
RORIPAUGH RANCH OPEN SPACE PURCHASE AND SALES AGREEMENT MATRIX
I Task Include Prior to Prior to
on the Recordation Issuance of
Deed of the Deed Grading Permit
for the
Rodpaugh
Ranch Specific
Plan proiect
City shall grant Ashby reservations for the purpose of X
improvements shown on the deed over the necessary portions
of the property for grading, construction, and maintenance
purposes.
Ashby shall obtain approval of California Fish and Game X
Department, US Fish and Wildlife Service, Army Corp of
Engineers, and San Diego Water Quality Board, as required by
these agencies, prior to the transfer of the 201-acre habitat
property to the City.
Ashby shall submit to the City a Final Biologist Monitoring X
Report approved by the US Fish and Wildlife Service, prepared
and certified by a biologist to:
1. Ensure that toxic species remain at baseline,
2. Ensure that the property has not been degraded by off-
road vehicles,
I3. Ensure that no illegal dumping has taken place.
If the biologist determines these conditions exist, Ashby is
obligated to take corrective actions prior to the recordation of
the deed.
Ashby shall provide an update to the SID Geotechnical X
Environmental Compliance Report dated February 25, 2002
prepared by qualified engineer to ensure that the conditions
described in the said SID report are still current.
Ashby shall pay CNLM a total of $439,298.00 that includes X
$3,200 for funding the interim management of the property and
$436,098.00 for funding the long-term maintenance of the
property.
Ashby shall provide the City assurance that a $99,600 bond X
has been secured with CNLM to ensure the construction of the
Interim Fence and the Temporary Fence. CNLM will release
the bond when Ashby constructs the permanent fencing per
the requirements of the Specific Plan.
City to record' the conservation deed restriction to preserve the X
area as habitat open space pursuant to AD 161 Agreement
immediately after the recordation of the deed.
Ashby is responsible for installation and maintenance of X
minimum 4' high Interim Fence ("snow fence") for the purpose
of controlling access and preserving the habitat areas prior to
land during the grading process. Ashby shall perform all
conditions required in regards to the fencing.
R:~S P~oHpaugh Ranch SP, ncvAOS Pm'chase and Sales Agreement CC 5-13-03.doc
8
Task Include Prior to Prior to
on the Recordation Issuance of
Deed of the Deed Grading Permit
for the
Rorlpaugh
Ranch Specific
Plan project
[Ashby shall notify the Service 10 days prior to habitat X
ldisturbance.
lAshby shall submit to the City a copy of the Habitat X
lManagement Plan approved by the US Fish and Wildlife
/service' ,
lAshby is responsible to install and maintain a 6 high temporary N/A N/A N/A
lchain link fence within 10 days from the establishment of the
[final grades in accordance with the rough grading plans along
[the boundary of the property. Ashby shall remove this fencing
lonly when Ashby installs the permanent fencing.
lThe City shall provide a copy of the deed restriction to the N/A N/A N/A
lService within 30 days of recordation.
[Ashby shall prepare and obtain approval of the City of N/A N/A N/A
lTemecula Fire Department and ail resource agencies including
lthe Fish and Wildlife Service for a Fire Management Plan and
lsubmit it to the City within 60 days after the initiation of the
[ground disturbance unless waived by the City's Fire Marshall.
~Ashby is required to comply with Mitigation Monitoring Program N/A N/A N/A
~of the FEIR for the Roripaugh Ranch Specific Plan including all
~related permits.
lAshby is responsible for constructing, maintaining, and N/A N/A N/A
lmonitoring the wetlands within City's property until such time
[the resource agencies have accepted the mitigation area as
[complete.
[Ashby shall be responsible for providing funding for the N/A N/A N/A
fmaintenance of Santa Gertrudis Creek within City's property
[until the responsibility is transferred to the Roripaugh Ranch's
fMaster Home Owner's Association.
/Ashby shall perform its grading and construction operations in N/A N/A N/A
[accordance with the provisions of the AD 161, and the 401,
/404, and 1603 permits.
I Ashby is responsible to pay for the maintenance of all fuel N/A N/A N/A
~modification zones within the City's property until such time
Ithat another entity, approved by the City, initiates their
I payments for this maintenance.
R:~S P~Ror/paugh Ranch Sl~acw~OS Purchase and Sales Agreement CC 5-13q)3.doc
9