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HomeMy WebLinkAbout05.L- Approving the Grant of Easements to the San Bernardino County Flood Control District RESOLUTION (ID # 4306) DOC ID: 4306 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Conveyance of Property From: Lisa Connor M/CC Meeting Date: 02/16/2016 Prepared by: Lisa Connor, (909) 663- 1044 Dept: Successor Agency Ward(s): 3 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Approving the Grant of Easements to the San Bernardino County Flood Control District for Access and Maintenance of Flood Control Facilities and to the County of San Bernardino for Use as a Portion of the Regional Recreation Santa Ana River Trail Project for Portions of APNS 0281-021-30, 0281-031-51 & -52, and 0281-041-41 and Certain Related Actions. (#4306) Current Business Registration Certificate: Not Applicable Financial Impact: There is no fiscal impact to the Successor Agency in approving the grant of easements to the SBFCD and the County. Motion: Adopt the Resolution. Synopsis of Previous Council Action: None. Background: Pursuant to Health and Safety Code ("HSC") § 34172 (a) (1), the Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent with the provisions of the HSC, the Mayor and Common Council previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the "Successor Agency"). The Oversight Board for the Successor Agency ("Oversight Board") has been established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment agency. Per HSC § 34181(a), the Oversight Board may, among other things, direct the Successor Agency to transfer ownership of those assets that were constructed and used for a governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, and local agency administrative buildings, to the appropriate public jurisdiction pursuant to any existing agreements relating to the construction or use of such an asset. Per HSC § 34181, the San Bernardino County Flood Control District ("SBCFCD") and the County of San Bernardino (the "County") have: 1) requested a grant of a real property easements with respect to a portion of Assessor's Parcel Numbers 0281-021-30, 0281-031-51, 0281-031-52 and 0281-041-41 (the "Property") Undated: 2/11/2016 by Georaeann "Giai" Hanna A Packet Pg.205 5.L 4306 and ii) offered to assume any costs associated with the preparation and grant of the -^ prescribed easements as compensation. The Property is currently owned by the Successor Agency and most of it is situated on a bluff above and overlooking the Santa Ana River. That portion of the Property to be included within the requested easements is situated below the bluff, is within a flood plain, is physically a portion of the Santa Ana River bed and/or embankment, is an integral segment of the regional recreation Santa Ana River Trail Project ("SART"), is depicted on the attached exhibit (the "Easement Areas"), is commercially undevelopable and is of negligible value. The Easement Area has, on an implied basis, historically been in actual and continuous use as a physical portion of the Santa Ana River bed and/or embankment for an indeterminate period of time. The SBCFCD is responsible for certain flood control and water re-charge activities within the County of San Bernardino which include management of such matters with respect to portions of the Santa Ana River watershed, inclusive of the Easement Area and the County of San Bernardino (the "County") is responsible for securing portions along the Santa Ana River bed with respect to SART, inclusive of the Easement Area. On December 20, 2012, the Oversight Board approved its Resolution No. SBOB/2012- 20, which pursuant to Health and Safety Code §34181(a), authorized and directed the Successor Agency to grant a real property easement to the SBCFCD with respect to the Easement Area for the purpose of access and maintenance of flood control facilities and common use as a portion of the regional recreation SART. On April 3, 2013, the California Department of Finance (the "DOF") approved Oversight Board Resolution No. SBOB/2012-20. The SBCFCD will use the Easement Area for flood control and other public purposes and the County will use a portion of the Easement Area for the SART for which the County is a recipient of a grant from the California Parks Bond Act Program to develop (the "SART Easement Area"). The County has requested two overlapping easements; one to be granted to the SBCFCD for the entire Easement Area for access and maintenance of flood control facilities and a second easement to be granted to the County for the SART Easement Area, which is a subset of the Easement Area. Although the two easements have been requested, the effect of the easements are fully consistent with Oversight Board Resolution No. SBOB/2012-20 as approved by DOF on April 3, 2013 as though they were one and the same. The Property is encumbered with a certain "Lease and Option to Purchase Agreement" dated November 1, 1997 by and between the Community Development Commission of the City of San Bernardino on behalf of the Redevelopment Agency of the City of San Bernardino, as Lessor, and the ABC Rail Products Corporation, as Original Lessee. During 2006, the Original Lessee was acquired by Meridian Rail Acquisition, DBA, Greenbrier Rail Service, which included the assumption of the Original Lessee's obligations with respect to the Lease and Option to Purchase Agreement, which was acknowledged by the Lessor; the business operations of Meridian Rail Acquisition, I Inrinfiwi• 7/11/7(11R by(-anrnnnnn "(mini" Hanna o I Packet Pg. 206 5.L 4306 DBA, Greenbrier Rail Service do not include or affect in any way the Easement Area. Given that it had a purchase option on the Property, for an extended period of time, Successor Agency staff had been working with Meridian Rail Acquisition, DBA, Greenbrier Rail Service to obtain its concurrence with respect to the granting of the easement to the SBCFCD. Although Successor Agency staff were not able to obtain a concurrence for the granting of an easement to the SBCFCD from Meridian Rail Acquisition, DBA, Greenbrier Rail Service, the option to purchase feature of the November 1, 1997 Lease and Option to Purchase Agreement lapsed according to its terms during October 2015 and therefore is no longer effective, thus allowing the Successor Agency to grant the requested easements to the SBCFCD and the County without further delay. Pursuant to the Successor Agency's approved Long-Range Property Management Plan (the "LRPMP"), the Property is designate for sale. The ultimate sale of the Property will be subject to the SBCFCD and County easements and the County (inclusive of the SBCFCD) will be given an opportunity to acquire the Property in fee, if desired. Therefore, the purpose of the attached resolution is to authorize the grant of easements to the SBCFCD and the County for the purposes described herein. The forms of the easements were prepared by the SBCFCD and the County and are attached to the Resolution as Exhibits "A" and "B," respectively. In addition, the attached resolution has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq., hereafter the "Guidelines"), and the City's environmental guidelines. Therefore, it has been determined that the attached resolution is not a "project" for purposes of CEQA, as that term is defined by Guidelines § 15378, because the resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378 (b) (5) of the Guidelines. Fiscal Impact There is no fiscal impact to the Successor Agency in approving the grant of easements to the SBFCD and the County. City Attorney Review: Supporting Documents: Reso SART Easement to SBCFCD v1 6 (DOCX) Ex A Reso - FCD-Easement - 2-16-2016(PDF) Ex B Reso - River Trail Easement 02-16-2016 (PDF) Ex to Staff Report - Aerial Depiction of Easement Area for SBFCD and County SART (PDF) llnrlatPrl• 7/11/9niR by C Pnrnaann "(,ini" Hanna A Packet Pg. 207 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING 4 THE GRANT OF EASEMENTS TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR ACCESS AND MAINTENANCE OF FLOOD CONTROL 5 FACILITIES AND TO THE COUNTY OF SAN BERNARDINO FOR USE AS A PORTION L OF THE REGIONAL RECREATION SANTA ANA RIVER TRAIL PROJECT FOR L 6 PORTIONS OF APNS 0281-021-30, 0281-031-51 & -52, AND 0281-041-41 AND CERTAIN > 7 RELATED ACTIONS (#4306) R 8 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the cc c 9 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and in 10 WHEREAS, consistent with the provisions of the HSC, the Mayor and Common Council 11 previously elected to serve in the capacity of the Successor Agency to the Redevelopment Agency w 12 of the City of San Bernardino (the "Successor Agency"); and 13 WHEREAS, the Oversight Board for the Successor Agency ("Oversight Board") has been t� .. 14 established pursuant to HSC § 34179 to assist in the wind-down of the dissolved redevelopment 15 agency; and 16 WHEREAS, per HSC § 34181(a), the Oversight Board may, among other things, direct the v LL Successor Agency to transfer ownership of those assets that were constructed and used for a m 17 co ° g overnmental purpose, such as roads school buildings, P arks, p olice and fire stations, libraries and 18 w c 19 local agency administrative buildings, to the appropriate public jurisdiction pursuant to any existing d N 20 agreements relating to the construction or use of such an asset; and w 21 WHEREAS, pursuant to HSC § 34181, the San Bernardino County Flood Control District N ° 22 ("SBCFCD") and the County of San Bernardino (the "County") have: i) requested a grant of a real 23 property easements with respect to a portion of Assessor's Parcel Numbers 0281-021-30, 0281-031- d E 24 51, 0281-031-52 and 0281-041-41 (the "Property") and ii) offered to assume any costs associated r 25 with the preparation and grant of the prescribed easements as compensation; and a 26 WHEREAS, the Property is currently owned by the Successor Agency and most of it is 27 situated on a bluff above and overlooking the Santa Ana River; and 28 1 Packet;Pg.208 I WHEREAS, that portion of the Property to be included within the requested easements is 2 situated below the bluff, is within a flood plain, is physically a portion of the Santa Ana River bed 3 and/or embankment, is an integral segment of the regional recreation Santa Ana River Trail Project 4 ("SART"), is depicted on an exhibit attached to the staff report that accompanies this Resolution 5 (the "Easement Areas"), is commercially undevelopable and is of negligible value; and 6 WHEREAS, the Easement Area has on an implied basis historically been in actual and 7 continuous use as a physical portion of the Santa Ana River bed and/or embankment for an = a 8 indeterminate period of time; and �a 9 WHEREAS, the SBCFCD is responsible for certain flood control and water re-charge Cn 10 activities within the County of San Bernardino which include management of such matters with E Q 11 respect to portions of the Santa Ana River watershed, inclusive of the Easement Area; and w 4- 0 12 WHEREAS, the County of San Bernardino (the "County") is responsible for securing L 13 portions along the Santa Ana River bed with respect to SART, inclusive of the Easement Area; and 0 14 WHEREAS, the SBCFCD will use the Easement Area for flood control and other public 15 purposes and the County will use a portion of the Easement Area for the SART for which the 16 County is a recipient of a grant from the California Parks Bond Act Program to develop (the "SART U v 17 Easement Area"); and co 0 w 18 WHEREAS, on December 20, 2012, the Oversight Board approved its Resolution No. a� 19 SBOB/2012-20, which pursuant to Health and Safety Code §34181(a), authorized and directed the N LU 0 20 Successor Agency to grant a real property easement to the SBCFCD with respect to the Easement 21 Area for the purpose of access and maintenance of flood control facilities and common use as a y 0 N 22 portion of the regional recreation SART; and 23 WHEREAS, in its letter dated April 3, 2013, the California Department of Finance (the 24 "DOF") approved Oversight Board Resolution No. SBOB/2012-20; and w a 25 WHEREAS, the County has requested two overlapping easements; one to be granted to 26 the SBCFCD for the entire Easement Area for access and maintenance of flood control facilities 27 and a second easement to be granted to the County for the SART Easement Area, which is a 28 subset of the Easement Area; and 2 Packet Pg.209 1 WHEREAS, although the two easements have been requested, the effect of the easements 2 are fully consistent with Oversight Board Resolution No. SBOB/2012-20 as approved by DOF on 3 April 3, 2013 as though they were one and the same; and 4 WHEREAS, the Property is encumbered with a certain "Lease and Option to Purchase 5 Agreement" dated November 1, 1997 by and between the Community Development Commission of 6 the City of San Bernardino on behalf of the Redevelopment Agency of the City of San Bernardino, it 7 as Lessor, and the ABC Rail Products Corporation, as Original Lessee; and Q 8 WHEREAS, during 2006, the Original Lessee was acquired by Meridian Rail Acquisition, 9 DBA, Greenbrier Rail Service which included the assumption of the Original Lessee's obligations c 10 with respect to the Lease and Option to Purchase Agreement, which was acknowledged by the E m N 11 Lessor; and w 0 12 WHEREAS, the business operations of Meridian Rail Acquisition, DBA, Greenbrier Rail 13 Service do not include or affect in any way the Easement Area; and 14 WHEREAS, given that it had a purchase option on the Property, for an extended period of 15 time, Successor Agency staff had been working with Meridian Rail Acquisition, DBA, Greenbrier 16 Rail Service to obtain its concurrence with respect to the granting of the easement to the SBCFCD; U 17 and 0° Cn 0 18 WHEREAS, although Successor Agency staff were not able to obtain a concurrence for the 19 granting of an easement to the SBCFCD from Meridian Rail Acquisition, DBA, Greenbrier Rail 0 20 Service, the option to purchase feature of the November 1, 1997 Lease and Option to Purchase F 21 Agreement lapsed according to its terms during October 2015 and therefore is no longer effective N 0 22 thus allowing the Successor Agency to grant the requested easements to the SBCFCD and the 23 County without further delay; and s 24 WHEREAS, pursuant to the Successor Agency's approved Long-Range Property o Q 25 Management Plan (the "LRPMP"),the Property is designated for sale; and 26 WHEREAS, the ultimate sale of the Property will be subject to the SBCFCD and County 27 easements and the County (inclusive of the SBCFCD) will be given an opportunity to acquire the 28 Property in fee, if desired; and 3 Packet Pg.210 . I WHEREAS, therefore, the purpose of this resolution is to authorize the grant of easements 2 to the SBCFCD and the County for the purposes described herein; and 3 WHEREAS, the forms of the easements were prepared by the SBCFCD and the County 4 and are attached hereto as Exhibits "A" and"B", respectively; and 5 WHEREAS, this Resolution has been reviewed with respect to applicability of the L 6 California Environmental Quality Act (the "CEQA"), the State CEQA Guidelines (California Code 7 of Regulations, Title 14, § 15000 et seq., hereafter the "Guidelines"), and the City's environmental Q 8 guidelines; and �a 9 WHEREAS, this Resolution does not constitute a "project" for purposes of CEQA, as that co 10 term is defined by Guidelines § 15378, because this Resolution is an organizational or E 4) U) 11 administrative activity that will not result in a direct or indirect physical change in the environment, w 4- 0 12 per § 15378 (b) (5) of the Guidelines; and L 13 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have to 0 14 been met. 15 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE 16 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO,AS FOLLOWS: v 17 Section 1. The foregoing recitals are true and correct and are a substantive part of this N 0 18 Resolution. c 19 Section 2. The City Manager, in the capacity as Executive Director of the Successor 20 Agency, is authorized and directed to execute an easement to the San Bernardino County Flood 21 Control District for access and maintenance of flood control facilities within the Easement Area N 0 U) 22 consistent with the form of easement attached hereto as Exhibit"A". W r 23 Section 3. The City Manager, in the capacity as Executive Director of the Successor 24 Agency, is authorized and directed to execute an easement to the County of San Bernardino for r Q 25 common use as a portion of the regional recreation Santa Ana River Trail project within the SART 26 Easement Area, consistent with the form of easement attached hereto as Exhibit`B". 27 Section 4. This Resolution is not a "project" for purposes of CEQA, as that term is 28 defined by Guidelines § 15378, because this Resolution is an organizational or administrative 4 Packet Pg.211 1 activity that will not result in a direct or indirect physical change in the environment, per § 15378 2 (b) (5) of the Guidelines. 3 Section 5. This resolution shall take effect upon its adoption and execution in the 4 manner as required by the City Charter. 5 6 7 Q 8 c 9 10 E aD N 11 w w 0 12 13 14 15 16 LL U 17 /// CO 18 d 19 /// N 20 Q 21 /// Cn 0 22 23 24 r 25 26 27 28 5 Packet Pg.212 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING 3 THE GRANT OF EASEMENTS TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR ACCESS AND MAINTENANCE OF FLOOD CONTROL 4 FACILITIES AND TO THE COUNTY OF SAN BERNARDINO FOR USE AS A PORTION OF THE REGIONAL RECREATION SANTA ANA RIVER TRAIL PROJECT FOR 5 PORTIONS OF APNS 0281-021-30, 0281-031-51 & -52, AND 0281-041-41 AND CERTAIN RELATED ACTIONS. L 6 > I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Successor ca 7 Agency to the Redevelopment Agency of the City of San Bernardino, at a meeting thereof, held 8 9 on the 16th day of February, 2016, by the following vote, to wit: U) CD 10 Council Members Ayes Nays Abstain Absent N 11 MARQUEZ W 4- 0 12 BARRIOS LD �a 13 VALDIVIA CD 14 SHORETT NICKEL `O 15 r 16 JOHNSON U- MULVIHILL 17 0 r 18 = 19 Georgeann Hanna, City Clerk N 20 W The foregoing resolution is hereby approved this 16th day of February 2016. 21 N 0 22 R. Carey Davis, Chairman 23 Successor Agency to the a Redevelopment Agency of the 24 City of San Bernardino 25 Approved as to Form: Q Gary D. Saenz, City Attorney 26 27 By. 28 6 Packet Pg:213 1 EXHIBIT "A" 2 3 FORM OF EASEMENT 4 SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT FOR ACCESS AND MAINTENANCE OF 5 FLOOD CONTROL FACILITIES L 6 (SEE ATTACHMENT) 7 _ a 8 c Cn 9 d 10 E 11 w w 0 12 c �a L 13 0 14 15 16 v 17 Co 0 18 _ E 19 N 0 20 21 N 0 22 23 a 24 a 25 26 27 28 7 Packet Pg. 214 5 .a � 1 EXHIBIT "B" 2 FORM OF EASEMENT 3 4 COUNTY OF SAN BERNARDINO FOR COMMON USE AS A PORTION OF THE REGIONAL RECREATION 5 SANTA ANA RIVER TRAIL PROJECT F- L 6 (SEE ATTACHMENT) > 7 c Q 8 c 9 c as 10 E N O 11 W y.. O 12 13 0 14 Cl) to 15 v- 16 u- U 17 v°0i 0 18 c a� E 19 R 20 Q 21 Co 0 22 ai u 23 24 R a 25 26 27 28 g Packet Pg. 215 wo Recording Requested By: San Bernardino County Flood Control District 825 E. Third Street,Room 140 San Bernardino, CA 92415-0835 L Mail To: L SAME AS ABOVE Record without fee subject to = Gov't Code 6103 Q Project: Santa Ana River GRANT OF D.P. No.: 2.700/66 System No.: 2.701 EASEMENT APN: 0281-021-30,0281-041-41, N Parcel No.: 106 0281-031-51 & 52 = Dept. Code: 11600 (FLOOD CONTROL) Date: February 8, 2016 E a� The undersigned grantor(s) declare(s): 4- DOCUMENTARY TRANSFER TAX$0.00 Conveyance to Government Entity. R&T 11922 ° ❑ computed on full value of property conveyed, or cc ❑ computed on full value less liens and encumbrances remaining at the time of sale ❑ Unincorporated Area F-1 City of to For and in consideration of the benefits to be derived by the undersigned by the establishment and maintenance of Flood Control and Water Conservation facilities, and for other valuable consideration,the undersigned, N City of San Bernardino as Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public entity established and existing under the Constitution and the laws of E CD the State of California a w 0 Do(es) hereby grant to the SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT (DISTRICT), a body corporate and politic,a perpetual easement for flood control and water conservation purposes, o inclusive of a portion for the Santa Ana River Trail Project in, over, upon and across the following described real property in the County of San Bernardino, State of California to wit: Q K W See Exhibit "A",Legal Description and Plat attached hereto and made a part hereof a� The easement herein granted shall include: the right to construct, reconstruct, inspect, operate, U maintain and repair flood control and/or water conservation works and appurtenant structures for Y the purpose of confining, storing and conserving waters; the right to enter upon and to pass and repass over and along said land for said purposes; the right to deposit tools, implements and other materials thereon and to take therefrom and/or place thereon earth, rock,sand and gravel for the purpose of excavating, widening deepening and otherwise rectifying any artificial or natural channel and for the construction, maintenance and repair of said flood control and /or water conservation Packet Pg.216 5.L.b works and appurtenant structures.Said rights are to be exercised by said District,its officers,agents and employees and by persons under contract with it and their employees,whenever and wherever necessary,for flood control and water conservation purposes. It is understood that each of the undersigned grantors grants an easement as to only that portion of the above described land which is owned by said grantor, or in which said grantor has an interest, and that by granting this easement, the undersigned grantors have not conveyed any title to the waters so confined and conserved. L aD TO HAVE AND TO HOLD, together with the right to do all things necessary to be done for the '— purpose of confining or conserving waters which fall,flow or are conducted into said right of way. _ Q C CU IN WITNESS WHEREOF this easement is signed and executed this day of ,20 C as ;_ BY: BY: ii v M w 4- 0 c /Ln V O M O r O N T- N C d E N N fT3 W O U U- 0 N Q K W C d E t V ca Q Packet Pg.217 S.L.b EXHIBIT 'A' All that portion of Parcel 5, Parcel Map No.4781, in the City of San Bernardino, County of San Bernardino, State of California, as recorded in Parcel Map Book 48, page 87, Official Records of San Bernardino County, described as follows: BEGINNING at the most Northeasterly corner of said Parcel 5; Thence South 82°27'39" West along the Northerly line of said Parcel 5, a distance of c 545.21 feet to the Northwest corner of said Parcel 5; H Thence along the Northwesterly line of said Parcel 5 South 50°22'05" West, a distance of 654.26 feet to the most Westerly corner of said Parcel 5; �a c Thence South 64°00'19" East along the Southwesterly line of said Parcel 5, a distance Q of 227.69 feet; c Thence leaving said Southerly line North 44°40'24" East, 678.06 feet; N Thence South 83°06'35" East, 153.71 feet; a� 0 Thence South 26°47'50" East, a distance of 54.23 to a point in the Southeasterly line of w Parcel 5, said point being on a non-tangent curve concave Southeasterly and having a -- radius of 8968.91 feet, a radial line of said curve through said point bears North 43°47'45" West; Thence Northeasterly along said curve a distance of 254.19 feet and said Southeasterly line through a central angle of 1'37'26" to the point of BEGINNING; M Containing 3.51 acres, more or less. � Co a o E E p EXPIRATION DATE 12-31-17 N w 805 ILL OF C � 0 tn a� o: Job No. This legal description was prepared by me or under my direction. w H 13463 Prepared by: By: s� W omas R. Williams, P.L.S. # 8059 KJM Date: 01/26/2016 Y w Santa Ana River Trail System#2.701 Par 106 APN 0281-021-30&0281-031-52 Page 1 of 2 Packet Pg. 218 � U CD H z W CD cn J o W w V ¢ � CD C:l a Al h Q, Q z m o z Q, Q CIE C-) Y W ° D ih� m W cn � �, 1 ! Q zoo CD o. cn ~ W i� ¢ " � � • � � o� � °off CD � 0ti p dj � ' m \ / r z v � I U � w CD �' o I IS z � � � � � � O � �l O o LL cu W / a d I w � Q � a f--i w z a o V , w to �, �y� I W a m m CD CD s LLI CD -i co¢ o �1 NN 0) CHw cn=0- os ti oQOO �a C\i NCO cL �\ J I— I—W I—Z W H �Cl • r, ¢H C J¢ ¢ J = zazz CU a°¢Ww W-- � -=g¢I—W w cn¢ H= ACC O COI ~ol H w uI— w QI—H°Z3� 1 OD 41 0 �ti y°o� San Bernardino County Flood Control District - �f_II:UR �� h a) ACCEPTANCE CERTIFICATE �CO Q CU This is to certify that the interest in real property conveyed by the within instrument to the San Bernardino County Flood Control District, a body corporate of the State of California, is hereby accepted by the undersigned officer/agent on behalf of the Board of Supervisors pursuant N to authority conferred by Resolution # 2012-45, March 27, 2012, by its w Board of Supervisors and the grantee consents to recordation thereof by o its duly authorized officer/agent. c� 0 M O r O N DATED: N C E N t4 W BY: v 0 a NAME: TITLE: (PRINT) X W c m E a Q Packet Pg. 220 5 L.c RECORDING REQUESTED BY: County of San Bernardino Real Estate Services Department 385 N.Arrowhead Ave., 3rd Floor San Bernardino, CA 92415-0180 WHEN RECORDED MAIL TO: Same as above RECORDER: F_ This instrument is for the benefit of the County of San Bernardino and is entitled to be recorded > without fee.(Govt.Code 6103) UNINCORPORATED AREA GRANT OF EASEMENT DOCUMENTARY TRANSFER TAX$0.00 Q A.P.N. 0281-021-30; 0281-041-41; Dept.Code 11600 0281-031-51 and 52 N r W The undersigned grantor(s) declare(s): E DOCUMENTARY TRANSFER TAX$0.00 w ❑computed on full value of property conveyed, or o ❑computed on full value less liens and encumbrances remaining at the time of sale ❑ Unincorporated Area ❑ cc CITY OF SAN BERNARDINO AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public entity established and existing under the Constitution and the laws of the State of California,hereinafter called"Grantor"does hereby GRANT(s) N to COUNTY OF SAN BERNARDINO, a body corporate and politic of the State of California, its co successors and assigns, hereinafter called "Grantee", a non-exclusive and permanent easement for a N river trail easement in, on, over, along and across the following described real property is in the City of San Bernardino,County of San Bernardino, State of California,described as follows: Exhibit"A" page 1 of 3, Legal Description, and Exhibit"A"page 3 of 3, Plat, attached hereto and made a part hereof. y w The foregoing grant is made subject to the following terms and conditions: L 1. The Grantee shall have the right to permit the public to pass and repass over said river trail easement on foot and non-motorized bicycles for recreational purposes. The river trail easement is subject to such rules and regulations as the Grantee shall deem appropriate and necessary, including the following prohibitions: ' 0 a. Access by motorized vehicles, including, without limitation dirt bikes, motorcycles and all-terrain Ix vehicles, shall be prohibited; and m X W b. Littering,picking or injuring plants or trees,injuring or harassing wildlife,building of fires,and camping shall be prohibited. Grantee shall post the river trail easement with notices stating the rules and regulations governing its use by the public, and stating further that the property over which the river trail easement passes is private and that Q permission to use the property is conditioned upon compliance with said rules and regulations. 2. Grantee shall use reasonable efforts to maintain the river trail easement, discourage littering and other acts that would encroach upon the natural features of the river trail corridor or diminish its attractiveness, take steps to educate the users in river trail etiquette, and include guidelines for uses in maps and other river trail publications. Packet Pg.221 3. The river trail easement grants to Grantee the right to construct,maintain,use, operate, alter, add to,repair, replace,reconstruct, enlarge and/or remove in,on,over, along and across the river trail easement for the use and enjoyment of the public; together with the right to enter upon the property with its officers agents and employees and persons under contract with the Grantee and their employees and equipment as may be deemed necessary for all such uses and purposes. 4. There shall be no obstruction or structure erected or located, nor shall any trees be planted, over said river trail easement area,nor shall any other activities be undertaken that unreasonably interfere with the Grantee's intended use thereof. c L 5. The right is also herby granted to the Grantee to cut down, trim or remove any trees, shrubs, bushes, roots L or other plantings that interfere with the operation of or access to such easement. The Grantor shall not be responsible for the replacement trees, turf, gardens, shrubs, landscaping or other improvements removed during the exercise of the herein given rights. 6. Public utilities shall be permitted to cross said easement area if approved in writing by the Grantee and provided that such is done in a manner that does not then or later unreasonably interfere with the Grantee's Cn intended use of the river trail easement area; however no electrical transformer, switching equipment, _ junction boxes,telephone,cable TV,gas distribution systems or appurtenances or any other such facilities or °' E equipment, shall be erected either above or below ground on said land due to such crossing. R w 7. If a trail user asserts a claim for bodily injury or property damage caused by an unsafe condition on the trail, o and the unsafe condition was not the fault of the City of San Bernardino or anyone on the property at the invitation of the City of San Bernardino,then the Grantee agrees to defend such claim on behalf of both the City of San Bernardino and the Grantee and, if such defense in not successful, to hold the City of San Bernardino harmless from any judgment entered against the City of San Bernardino on account of such c claim. To qualify for the protection offered by the Grantee under this paragraph,the City of San Bernardino Rt must abide by the requirements for immunity developed under, or with respect to, the Recreational Use of Land and Water Act. o N r A O C d E d N tC W L L d > C City of San Bernardino as Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public entity established and existing under the And the laws of the State of California X x w :.o c By: s R r Q MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE Not Applicable Name Street Address City&State Packet,Pg'222 (Trail Easement) That portion of Parcel 5, Parcel Map No.4781, in the City of San Bernardino,County of San Bernardino,State of California, as recorded in Parcel Map Book 48,page 87,Official Records of San Bernardino County,described as follows: BEGINNING at the most Northeasterly corner of said Parcel 5; — L Thence South 82°27'39"West along the Northerly line of said Parcel 5,a distance of (— 449.40 feet; y Thence leaving said Northerly line South 46"38'58"West, a distance of 18.74 feet; c Thence South 21'00'57"West,a distance of 70.89 feet; Q Thence South 49°38'20"West,a distance of 154.36 feet to the beginning of a curve c CU concave Southeasterly and having a radius of 120.00 feet; N Thence Southwesterly along said curve through a central angle of 2659'40",a distance = of 56.54 feet; a) Thence South 23°44'02"West,a distance of 38.46 feet to the beginning of a curve 00) concave Northwesterly and having a radius of 80.00 feet; W 4- Thence Southerly along said curve through a central angle of 20°56'38",a distance of 29.24 feet; L Thence South 44°40'41"West,a distance of 205.13 feet to the beginning of a curve concave Northerly and having a radius of 20.00 feet; ca 0 cl Thence Southwesterly and Northwesterly along said curve through a central angel of 70`09'36", a distance of 24.49 feet to the beginning of a reverse curve with a radius of 38.93 feet; ca 0 Thence Westerly and Southeasterly and along said curve through a central angle of N 160°09'36",a distance of 108.82 feet; N Thence South 44°40'41"West,a distance of 14.19 to the Southwesterly line of said ° Parcel 5; Thence along said Southwesterly line South 64'00'19"East,a distance of 42.23 feet; N CU Thence North 44°40'41"East,a distance of 300.15 feet to a tangent curve concave W Northwesterly and having a radius of 120.00 feet; L Thence Northeasterly along said curve through a central angle of 20°56'38",a distance of 43.86 feet; ix Thence North 23'44'02"East, a distance of 38.46 feet to a curve concave Southeasterly and having a radius of 80.00 feet; 0 N N Thence Northeasterly along said curve through a central angle of 29°26'10",a distance of 41.10 feet; m Santa Ana River Trail lL Page I ar3 " C E t V css w Q Packet Pg. 223 x I EXHIBIT'A' (Trait Easement) Thence North 53°10'13"East,a distance of 142.99 feet to a tangent curve concave Northeasterly and having a radius of 100.00 feet; Thence Northeasterly along said curve through a central angle of 18'18'14",a distance — of 31.95 feet; F Thence North 34'51"58"East,a distance of 88.77 feet to a tangent curve concave y Southeasterly and having a radius of 15.00 feet; >_ Thence Northeasterly and Southeasterly along said curve through a central angle of 60°21'15",a distance of 15.80 feet; Q Thence South 84°46`47"East,a distance of 127.25 feet; c R Thence South 20'13'32"East,a distance of 33.36 feet; y Thence South 83°06'35"East,a distance of 24.73 feet; a=i E Thence South 26'47"50"East,a distance of 54.23 to a point in the Southeasterly line of N Parcel 5,said point being on a non-tangent curve concave Southeasterly and having a radius of 8968.91 feet,a radial tine of said curve through said point bears North W 43°47'45"West; 0 c Thence Northeasterly along said curve and said Southeasterly line through a central angle of 1`3T26",a distance of 254.19 feet to the Point of Beginning. 0 Containing 1.36 acres,more or less. o O CV O tD t3. EXPIRATION DATE 1�} 12-31-17 N C OF C E rn Job No. This legal description was prepared by me or under W my direction. H 13463 Prepared by: By: 5 � amas R.Williams, P.L.S.#8059 KJM Date: 02101/2016 0 d m Santa Ana River Trail x IL Page 2 of 3 E t v as .r a Packet Pg.224 10 o c~r �A ©�J CD Cr CC 4a �` �Ooa i Y� •_ jr 4 0 0 IN <� t"iyo I AIL a ri ~ y�y � Vy V� r. Go cam\ w 4- o u o � ` IL ' t Cb ` Cu ma v {\J o ? w F.N � 4` �a W CL U)r o •�G �$ '' CO O d w XI aoQm M CU M CO.Dorn o 0 6 V V �`�sa m V omioc�ioacav >`a,y. r a z " QD cJ t� �} WZci a M LLI" in in o o.n`v- :v ca, �p 0 (� m<a o�'_a. U) w to 0,6806WO 3+ L) zest O [U(Uh• MM—M Q � HCDMQ—OUI w g? ;uWW�LU;,W � 1 4 ®. 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Packet Pg.225 �pOUNTy� SANHBRNARWNO � n 1953 L L COUNTY OF SAN BERNARDINO > ACCEPTANCE CERTIFICATE a This is to certify that the interest in real property conveyed by the within instrument to the County of San Bernardino, a body corporate and politic of the State of California, is hereby accepted by the undersigned officer/agent on behalf of the Board of Supervisors pursuant to authority conferred by resolution of the Board of Supervisors adopted on March 27, 2012 and the Grantee consents to recordation thereof by its duly authorized 4- officer/agent ° c ° 'Ln V Dated: C° 0 M V- By• N Terry W. Thompson, Director Real Estate Services Department c d E d w L F.. L NNom_ LPL O m x LU E V a Packet Pg. 226 5.L.d u A � _ l R` r, cc ,,tip•. � � Ns ��' auk. �"` '� � r � " ' I C t IA +A k � m a #� m _ m pp N y y N LLL. is 4 �•: � ! m _ _ II , n n �r E 4CV cc A 7 O O / CL s l ,a D z C= m N mmj A { ° O Q O D Q��b—FTi rto l C�°m°�j r°��I�N n `'-• .m +s;1F'-y.'- w4✓v s v I I � wt s tK r nC<L O+ uj CU m r O 9° gam° � X cn P N �t E tin e O�7 M OF,m8 Y s rn W •"'� -w�vNS ,� .�,� # p.r use D T<Qmz r� t r, r Z -1 = II� F o i i m D � L `� •'t�?y � �� Ar D Z '" $ m < r w Z m C Z m m cn m Packet Pg. 227