HomeMy WebLinkAboutDeeds & Easements-20-2009E_CCv0002.pdf Recorded in Ottlnlal Rr cords, County or San Bernardino 5112/2009
CARRY WALKER FV:aa AM
RECORDIN6 tlFQt-Es,mj)fa r: = Auditor/Conttoller — Recorder
('I IN OF ISIiDl„11�DS
R Regular [Nail
I1 M 2009- 0204215 TRIes: I Pages: 38
.ee
WHEN RECORDI I) Rt'JURN TO: I
Call C! I RK'`;OFFICE,
CI I1 OI' REDLANDS — —
REDI.ANDS. CA 9237
Psi ,. _, �M J1)0E
(Space Alim i vire for RCCOCUCI`5 t x 011
CONSERVATION L `bSF" IEiv'I D1=.ED
T]IIS CONSI.RVATIC)N I ASEMENT DEED is made this 3rd chiv of March, 200r).. by
the City of Redlands (..Grantor") in favor of the Redlands Conservancy ("Grantee'"). a non-profit
corporation, with reference to the following facts:
RI-, 1I'AI.S
A, Grantor is the sole owner in fee simple of certain real property in the City of
Redlands. County ol'San Bernardino. State of Calitornia, designated r \ssessor s Parcel
Surnbcrs 017 -011-77 and 0176-011„76 and more particulathy described in Fxhibit "A” attached
hereto and incorporated herein by this reference (the "Property"):
13. ']'he property possesses scenic, wildlife and habitat talues (collectively.
"Conserv°ati(>n V'ahies"'I of meat importance to Grantor and Grantee and the residents of the Citi
of Redlands:
C'. Grantor and Grantee desire to maintain and cnhance the Conservation Values of
the property through the ,grant of this Conservation Easement and Grantee's restoration of,
va,cfands habitat on the Propert);
D. Grantee is authorized to hold this Conservation F,aserneril. pursuant to Civ-if Code
Section 81 f ',. and other provisions of Calilbrnia law.
COVI N1,,\ I'S. I F,RM- S, CC)\DI 1I01t AND US'IRIC.' l IONIS
I or griod and valuable consideration, the receipt and sufficiency of which is hereby
acknovyledged, and pursuant to California law, including Civil Code Section 815. e/see- Gruntoi
tierehc witmtarib, Grants and conveys to Grantee a conservation earsernent (the "Conscrtatlon
C asement") ❑a putpetuitS over the Properli
It\t i en int•C'.ou.ri-.tion cm niter,( oxtsmt io i i rsema,t.doe I
t)i/I) 091011um
I. pul e. The purpose of this Conservation Fasement is to ensure file Propert\
MH be retanicd forever in a natural condition and to preveut any use of the property that will
impair or interfere with the Conservation Values of the Property. The Conservation Values of
the Property and its current use and state of impro\cincnts are described in a Baseline Report, a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. The
Baseline Report may, be used by (irantee to establish that a chance in the use or character of the
Property has occurred. Grantor intends that this Conservation Faseinent vytill confine the use of
the Property to preservation and enhancement of the Conservation Values, as described in the
Baseline Report. including,without limitation, those involving tate preservation and enhancement
of uaative species and their habitat, and the restoration of'wetlands, in a manner consistent with
the habitat conservation purposes of this Conservation Fasement
q. Grantee's I2i�hts. To accomplish the purposes of this Consm ation Easement.
Grantor hereby' grants and conveys the following rights to Grantee or its designec:
(a) Co preserve, protect and enhauiee the Conservation Value,,, of'the f ropert'v,
inc htdins _ but not: limited to, by planting a citrus border along San Timotco Canyon Road and by
restoration of wetlands habitat on the Property in accordance with the Management. Guidelines
set f6rth in IAhibit "B" which is attached hereto and incorporated herein by this relerenc :
(b) -to enter upon the Property at reasonable times it) order to monitor
Grantor's compliance with and to otherwise enforce the ternis c=f this C'onserN ation Easement..
and li)r scientific research and interpretive purposes by Grantee or its designee provided that.
Grantee shall not unreasonably interfere with Grantor's authorized use and quiet en„oyment of
I he Propert ;
(c) To prevent any activity on Or use of the Property that is inconsistent with
the purposes of this Conservation Fasernent and to require the restoration of such areas or
features of [Ile Property that may be damaged by any act, failure to act, or any use that is
inconsistent with the purposes of this Conservation Pascment; and
(d) All minc,raL air and water rights necessary to protect and to sustain the
biological resources of the Property.
(e)
Grantor here,,bv a;_>recs to abide by the Management Guidelines for so fon, as this Conservation
Fasement remains in effect. the Mamigement Guidelines may be amended by the mutual
convent of Grantor and Grantee.
i. Prohibited lases. Any activity° on or use ol' the Property inconsistent with the
purposes of this C.`onscry ation basement is prohibited.
4. Grantor's Duties Grantor shall undertake all reasonable actions to present the
nnLtvv ful entiV and trespass by persons whose activities may degrade or harm the C'onserc ation
ahies of'the Property.
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Reserved Rights. Grantor reserves to itself'. and to its successors and .assigns. all
rights accruing from its ownership of the Property. including the right to engage in or- to permit
or invite others to engage in all uses of the Property that are consistent with the purposes of this
Conservation Easement. Grantor further specifically reserves the right to grant utility easements
over and under the Property for utility purposes, 'provided that such casements etre not
inconsistent with the conservation properties of this Conservation Basement.
6. Grantee's Remedies. If Grantee determines that Grantor is in riolalion of the
terms of this Conservation Fasemcrnt, or that a violation is threatened. Grantee shall give written
nonce to Grantor of such Violation and demand in vtrrdng the cure of such violation, If Grantor
falls to cure the violation within fifteen (t>) business days after receipt of written notice and
demand from Grantee, or if the. cure reasonably requires more than fifteen (15) business dans to
complete and Grantor Inils to begin the care. within the fifteen (l S) business-clay period or fails to
continue diligcndy to complete the cure. (irantee may bring an action at lave or in equity in a
court of competent jurisdiction to enforce compliance by Grantor with the terns of this
£:ortservanon Easement to recover any damages to which Grantee may he entitled for t utlation
by Grantor of the terms of this Conservation Easement or for any injury to the Consenation
Values of the Property', to enjoin the violation, ex parte as necessary. by temporary or permanent
injunction without the necessity of proving either actual damages or the inadequacy of otherwise
available legal remedies or for other equitable relief. including, but not limited to. the restoration
of the Property to the condition in which it existed prior to any such violation or injury. Without
limiting Grantor's liability therefor, Grantee may apply any damages recovered to the cost cif
undertaking any corrective action on the Property.
If Grantee, in its sole discretion, determines that circumstances require immediate.
action to prevent or mitigate damage to the Conservation Values of the Property. Grantee may
pursue its remedies under this Section 6 without prior notice to Grantor or without waiting for
the period provided for etre to expire. Grantee's tights under this section apply equailt to actual
or threatened violations of the terms of this Conservation I.asement. Grantor agrees that
Grantee's remedies at lair for anv violation of the terms of this Conservation basement are
inadequate and that Cirantee shall be entitled to the injunctive relief' described in this section,
both prohibitive and mandatory. in addition to such other relief to which Grantee may° be
entitled, including specific performance of the terms of this Conservation Easement, without the
necessity of proving either actual damages or the inadequacyof otherwise available legal
rernedics. Grantee's remedies described in this section shall be cun'rulative and shall be in
addition to all remedies now or hereafter existing at Iaw or in equity% including. but not limited
to. the remedies set firth in Civil Code Section 815, et seq., inclusive. The failure of Granted to
discover a v iolation or to take inrmediatc legal action shall not bar Grantee from taking such
action at a later time.
6.1. Costs of Enlorceincru. =°lacy costs incurred by Grantee.. vthere Grantee is
the prevailing party, in enforcing the terms of this C'onscrvation Fascmcnt ;against Grantor,
including, but not limited to, costs of suit and attornrys' and experts' lives; and any costs of
restoration necessitated by Granior.s negligences or breach of this Conservation Fasement shall
be boar ; by Grantor.
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6.2. Grantees Discretion. Enforcement of the terms o1' this Conser\ation
Basement bt Grantee shall be at the discretion of Grantee. and any forbearance by Grantee to
exercise its rig=lits under this Conservation lasement, in the Bent of any breach of ant term of
this Conservation Easement bt Grantor, shall not be deemed or construed to be a vNaiver btu
(irantee of, such terns or of any subsequent breach of the sante or any other term of this
Conservation Easement or of any of Grantee's rights under this Conservation Fasement. No
dela\ or omission by Grantee in the exercise of'any right or rercly upon any breach by Grantor
shall impair such right or remedy or be construed as a waiver.
b,>. fiats Becncl Grantor's Control, 4'othim, contained in this Conscri ation
basement shall be construed to entitle Grantee to bring any action against Grantor for am injury
0 or change in the Propert} resulting from (i) any natural cause beyond Grantor's control,
including, ttrthout limitation, lire not Caused by Grantor, flood, storm, and earth movement. or
any, prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to the Property resulting front such causes; or (ii) acts by Grantee or its
crnployecs.
Costs and Liabilities. Lxcept as specilicallr otherwise provided in Exhibit
\rhich is attachedhere n% €irantor retains all responsibilities and shall bear all casts and liabilities
of any hind related to the ownership. operation, upkeep. and maintenance of the Property.
Grantor agrees that Grantee shall have no duty or responsibility for the operation or maintenance
of the Property, the monitoring of hazardous conditions thereon, or the protection of Grantor, the
public or any third parties from risks relating to conditions on the Property. Grantor remains
solely responsible for obtaining any applicable governmental permits and approvals for any
acttvuN or use permitted by this Conservation Fasement. and any activity or use shall be
undertaken in accordance with all applicable federal, state, local and administrative agency
statutes, ordinances, rules, regulations, orders and requirements.
7.1. 1 axes; No Liens. Grantor shall pay before delinquency all taxes,
assessments, fees, and charges of whatever description levied on or assessed against the Propenty;
b\ competent authority (collectit ely "taxes`), including any tares imposed upon, or incurs°ccs as a
result ol', this Conservation Easement, and shall furnish Grantee with satisfactory evidence of
payment upon request. Grantor shall peep Grantees interest in the Property fine from any liens,
includin4) those arising out of any obligation incurred by Grantor or any labor or materials
fua mslied or allcged to have been l'umished to or for Grantor at or for use on the Property.
7.2, Bold Clarn,)less. Grantor shall hold h<armicss, protect and indemnify
Grantee and its directors, officers. employcCs'. agents, contractors and representative, and the
heirs, personal representatives, successors and assigns of each of thein (each an "Indemnilied
Part s ` and collectively. "Inclemnilied Parties„) front any against any all liabilities.. penalties,
costs_ losses, darnage_s, expenses (inc.ludima, without limitation, reasonable attorneys' fees and
experts lees), causes of action. claims, demands orders, liens or judvaments (each a "Claim" and,
concertv ely, `Claims' ) wising thorn or in any way connected faith: (I) injury to or the death of
arse parson, or physical damage to any property, resulting from ane neon, eut act or omission of
Grantor related to or occurring on or about the Property. (2) the obligations specified in Section
4 amt 121 the existence of this Conservation Easement.
11 4
7.3. Condemnation. The purposes of the Conservation Easement are presumed
to be the best and most necessary public use as defined at Code of Civil Procedure rection
1240.680, notwithstanding Code of Civil Procedure Sections 1240,690 and 124 }.700.
8. ,p si_,<ar>meul. This Conservation Easement is transficrable by Grantee, but Grantee
act} assign its rights and obligations under this Conservation Easement only to an entity or
or2aniiation authorized to acquire and hold conservation casements pursuant to Civil Code
Section 815.3. Grantee shall require the assignee to record the assignrrrent in the County of San
flernardino.
9. Subsecmew Transfers. Grantor a<grees to incorporate the terms of this
Conservation Basement in any deed or other legal instrument by which Grantor dig gists 1t,: if of
any interest in all or any portion of the Property. including.. without limitation. a leasehold
interest. Grantor further agrc es to give written notice to Grantee of the intent to transfer Ian-,
interest at least thirty (30} days prion to the date of s*rch transfer. Grantee shall have the ri&ht to
prevent subsequent transfers in vnrhich prospective subsequent claimants or transfcrees are not
given notice of the covenants, terXns conditions and restrictions of this Conservation Easement.
The failure of Grantor or Grantee to perform any act provided in this section shall not impair the
validity ol'this Conservation Easement or limit its enforceability in any way.
1C).
Notices- Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in tvi-iting and he served personally
or sent by recognized overnight courier that guarantees next-day delivery or by first, class, mail,
postage fully prepaid, addressed as follows:
Vo Grantor: City Clerk
C::'it`* of Redlands
PO Box 3M
Redlands, CA 92373
I o Grantee: Executive Director
The Redlands C'onservanev,
P.O. Box 8>
Redlands. CA 92.173
or to such other address as either party shall designate by° oN itten notice to the other. Notice shall
be deemed et'feclive upon delivery' in the case of personal dc.liv ery or deli\ery b} ov cr'niuht
courier or, in the case of dcliyery by first class mail, five (6) days alter deposit into the Linitccl
states Inall.
IL Amendment. This Conservation Easement may be amended by Grantor and
Grantee onh bye mutual agreement. ,1ny such amendment shall be consistent with the purposes
ofthis Conservation Easement and shall not affect its perpetual duration. ,Arra such amendment
shall be recorded in the official records oftian Bernardino Count. State oi-C.alil vrnia.
(Lt���ai onh Cou,utati ll1 as..vent 4 011;e:anon I asemen[.doc r�
n3;11 ,91 }}zm
I''. General Provisions.
(a) Coptrsollip, aw, "I Ile interpretation and performance of this Conseration
Basement shall be governed by the laws of the State of California.
(h) Liberal Construction. .,\n\, general rule t f construction to the contrary
notwithstanding. this Conservation Easement shall be liberal I\ construed to effect the purposes
of this Conservation Easement and the policy and purpose of Civil Code Section 815. et scq. If
J11) provision in this instrument is found to be ambiguous, an interpretation Consistent 'r uh the
purposes of this Conservation Easement that would render the provision valid shall be favored
over any interpretation that would render it invalid.
cj Severability. If a court of competent jurisdiction voids or invalidates on
its lace any provision ofthis Conservation Easement. such action shall not affect the remainder
of this Conservation Easement. If a court of compctent.jurisdicbon \;,oids or invalidates the
application orally provision of this Conservation Easement to a person or circumstance, such
action shall not affect the application of the provision to other persons or circurnstances,
(d) 1=mire A<rrecmertt. -'his Instrument sets forth the entire agrecroont of the
parties with respect to this Conservation L'ascment and supersedes all prior discussions,
ne`aotiations. understandings, or agreements relating to this Conservation Easement- No
alteration or variation of this instrument shall be valid or binding unless contained in an
amendment in accordance with Section 1 I hereof.
(e) No Forteiture. Nothing contained herein will result in a forfeiture or
rev ersion of Grantor's title in any respect.
(1) Successors. The covenants.. terms, conditions, and restrictions of this
Conservation basement shall be binding upon, and inure: to the benefit of, the parties hereto and
their respective successors, and assigns and shall constitute a servitude rennin" rn trerlletuily yr ith
the Property.
(z) termination of'RiLdas and Obligation. zpant 's rights and obligations
under this Conservation 1,asement terminate upon transfer of the party s interest to the
G'onscreation Easement or Properly, except that liability for acts or omissions occurring prior to
transfer,hall survive transfer.
(h) (,a ls. The captions in this instrument have been inserted solely for
corn enience ofreference and are not a part of this instrument and shall have noeffect upon its
construction or interpretation.
(i) No Iazardous Materials Liability. Grantor represents and viarranis that is
has no lmom lcdee of any release or threatened release of Ilazardous Materials (defined below)
in, on. under. about or affecting the Property. Without limiting the obligations ol`Grantor under
Section 7.2, Grantor agrecs to indernniiv. protect and hold harmless (lie Indemnified Parties
11�a tie n�n,,Cou,zi�mimi Gas�m m l �sin m i�i .i4�amenCsec
l)o_ 12h09 ICsLi a.m
(defined in Section 7.21 against any and all Claims (defined in Section 7.2) arising f on7 or
connected with any Hazardous Materials present alleged to be present, or otherwise associated
with the Property at am tune. except any I Iazardous Materials placed. disposes or released by
Grantee, its empioNees or agents. If anti action or proceeding, is brought against ani of the
Indeminfied parties by reason of any such claim. Grantor shall_ at the election of and upon
written notice from Grantee, defend such action or proceeding by counsel reasonably acceptahle
to the Indemnified Party or reimburse Grantee for all charges incurred for services of the
Attornev General in defending the action or proceedin.-.
Despite any contrary provision of this Conservation Easement. the parties
do not intend this Conservation Easement to be, and this Conservation Basement shall not be,
construed such that it creates in or gives to Grantee an\ of the follovvin<g:
(I) The obligations or liabilities ol'an "owner" or "operator," as those
terms are defined and used in Env ironmental haws (defined below), including, without
limitation, the Comprehensive Em irotm ental Response. Compensation and Liabilit Act of
1980. is amended (42 U.S.C. Section 9601 et seq.: hereinafter"("ERCT A"); or
(2) T€nu obligations or liabilities o1 a person described in 42 L .S.C.
Section 9607(a)(3) or (4); or
(3) The obligations of a responsible person under any applicable
l ntironmelinl laws: or
(4) Hic right to investigate and remediate air hazardous Ivttaterials
associated with the Property: or
i) Any control over Grantor's ability to inv esti`gate, remote.
remediate or otherwise clean tip any Ilazardous Materials associated with the Property.
The term "hazardous Materials" includes. v�ithout Iinaitation, (a) material that is
ilannmable, explosive or radioactive: (b) petroleum products, including b}-products and fractions
thereof'. and (c) hazardous materials. hazardous wastes, hazardous or toxic: substances,. or related
materials defined in CERCI.A.the 1 fazardot€s Materials Transportation ,Act (4() t .S.C. Section
090 et yeq.): the Hazardous Waste Control Law (California l[ealth and Safety Code Section
25100 c i wq.); and the l Iazardous Substance Account Act(California. Health and Sai'ety Code
Section '25300 ei seq.) and in the re<gulations adopted and publications promulgated pursuant to
Ihern, or amy other applicable federal, state, or local laws, ordinances, rules, regulation or orders
novo in effect or enacted after the date of this Conservation Easement.
The terns "Fin irorimcnial Laws" includes. without limitation, aro, federal. State,
local, or adminisrrativc r rencv statute, ordinance, rule, tcgulation, order car requirement relatitiv
to pollution, protection of human health Or safety, the environnrent or I Iazardous Materials.
Grantor represents, m wants and cox marts to Grantee that Grantor's actry ifies upon and tt,e of
the Property will comply with all Fnvironmental Laws.
t I�s_�,ci ens,('an,c'. u,m `asem�i D( m,cry i u ive�neet.rioc 7
Warranty. Grantor represents and warrants that there are no outstanding
mortgages, liens. encumbrances or other interests in the Property which have not been expressly
subordinated to this Conservation Easement, and that the Property is not subject to any other
consmation casement.
(k) Additional Easements. Grantor shalt not grant any additional casements,
rights of way or other interests in the Propert} (either than a security interest that is subordinate to
this Consertat}on Easement), or grant or otherwise abandon or relinquish an'v e, tier aIn-eement
relating to the Property. without first obtaining the written consent of Grantee. Grantee may
trithhold such consent i it determines that the proposed interest or transfi r is inconsistent \Offi
the purposed of this Conservation Easement or will impair or interfere with the Conservation
Values of the Property. This Section 12(k) shall not prohibit transier of a fee or leasehold
interest in the Propertt that is subject to this Conservation Easement.
(1) Counterparts. The parties mac execute this instrument in trio or more
counterparts, which shall, in the }ttgrc�g=atc, be si<-ned by both parties, each counterpart ;Hall be
deemed an original instrument as against any party who has signed it. In the cv cut of any
disparity bemeeu the counterparts produced, the recorded counterpart shall be controlling,
IN \ti ][\l SS IN7I II.REOF Grantor has executed this Conservation Easement Deed the
day and Year first above written.
GRAM'OR
l3} ;
2
Rlavor. Cit} of Redlands
F1ES`1 .
Ri
"CitvCletl< '
P.Ari u:c i:n}v Con,ei vllum I rs mint<onsv-n a im 4ascrnent.dx +�
ALL-PURPOSE ACKNOWLEDGMENT
S'Ir!`I`EOFCALIFORNIA }
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS }
By the authority granted under Chapter 4, Article 3, Section 1181, of the Califouua Civil Code, and Chapter 2,
Dix�ision 3. Section 40814, of the Calitbnua Omernment Code, on March 3, 2009, before me, Teresa Ballinger,
Assistant City, Clerk, on hehalf of Lorrie Poyzei, City Clerk of the City of Redlands, California, personally
appeared Jon Harrison. Mayan and Lorre. Prnyzet. City Clerk who proccd to me on the basis of Satisfactory
exidencc to he the person(s) whose nani (s) -rare subscribed to the within instrumcni and acknowlcd-cd to me
that t e hrth y executed the same in 1nstheir authorized capacit}(ics) and that by 4k,4iertheir signaturc(s)
on the instrument the person(s), of the entity upon behalf of rs hich the person(s) acted, executed the instrument_
I certify under PFNA ]Y OF PERJURY under the IakGs of the State of California that the foregoing, paragraph is
true and correct.
WITNESS my hand and olTiciat seal.
LORRIE POWER, CITY CLERK
3 ..........
= 9me IBES
rbb Teresa Ballinger, As,t ,ani City Clerk
(909)798-75-)l
CAPACI"I'Y CLAIMED BY SIGNFR(S)
{ } Indiei€ ual(s) signinL for oneselfflthemsel%es
} Corporate Officer(s)
i'rtic(s) _
Company
} Partner(s) — -
Partnership
i r .Attorne%-In-Faet
Principal(s)
i } Trustee(s) —
I rest
{ x } Other
frtle(s): Mayorand Cit% Clerk
Entity Represented: City oP Redlands, a municipal corporation
HIS CFRTIFICA I F MUST BI.ATTACHM M Hit- DOCUMENT DESCRIBED BELLOW:
Title or 1'N pe of DrScumcnt: Con,en atfan Fascment Decd, APNs: 0175-011-7 and 01 7/6-ol 1-76
Datc of Document March 3, 2009
Srgner(s) Other"112an Named Above: None
Redlands Conservancy
Cn-
Conservation Easement
E%H &
Legend
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Conseikatinn Easement
_ .. Parcels
"-' Parcels
-- City Limits
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5- The City of Redlands assumes no waraMy ar
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EXHIBIT A
BASELINE REPORT
Redlands
PO Box 855, Redlands CA 923734 (909) 792- 1800;
www..rdascotsernc , rg
BASELINE
For
CONSERVATION EASEMENT, #3
SAN TIM WETLANDS PARCEL
A Conservation Easement on one 13.33-acre parcel, APN 0175011770000, known as
Parcel 1, and one 6.53 acre parcel, APN 03175012760000, known as Parcel 2,
located east of San °T'irnoteo Canyon Road, north of San Timoteo Creek in
Redlands, California, owned by the City of Redlands, for the purpose of surveying,
restoring, and maintaining a 1.2 acre wetlands existing at the extreme west end of
Parcel I and preserving the parcels' conservation values in perpetuity.
bate prepared: December, 2008
Prepared by: Sherli Leonard, Executive birector,
Redlands Conservancy
Page 2: Table of Contents
Page 3: Owner Acknowledgement Statement
Page : Summary Information
Page 5: Introduction
Page 6: Land Uses and Management
Page 7: Structures and Improvements
Page : Conservation Values
Page 9: Physical Description
Page 10: Geology and Lund Forms
Page 11 : Hydrology
Page 12: Vegetation
Page 13: Wildlife
Page 1 : Historic Values
Appendix A: Photographs, Map
Appendix : Biological Survey and Map
Wage 3: Owner Acknowledgement Statement
The No. 3 Easement is located on two parcels belonging to the City of Redlands. Parcel 1
is an odd-shaped 12-acre parcel, RPN 0175011770000: Parcel 2 is an odd-shaped 6.6 acre
parcel, APN 0175011760000, contiguous with Parcel 1, adjoined on Parcel 1 north boundary and
Parcel 2 south boundary. It includes land bordered on the south by the San Bernardino County
Flood Control right of way, along the north side of San Timoteo Creek, extending east from a
nexus with San Timoteo Canyon Road, and spreading onto the hillsides partially covered by
California coastal sage scrub. The easement covers the entire land of both parcels.
The easement includes a one-acre (approximate) wetlands.
Owner signatures:
rch 3 2009
For; he City of Redlands — Jon Harrison, Mayor Date
ATTEST:
For Tho C;4y of PedlFdi — Lorrie Poyzer, City Clerk bate
Page 4: Summary Information
Land owners: City of Redlands
Zoning: 'City of Redlands: The west portion of the parcels is in A-1 zone, Agricultural District,
minimum 5 acres; the east portion of the parcels is in P-A zone, Residential Estate District,
minimum lot size 20,000 sq, ft.
Directions: This parcels lie in the southwest quadrant of the City of Redlands, ad joining at the
west end Son Timoteo Canyon Road, spreading south and east along the Son Bernardino County
Flood Control right of way on the north side of Son Timoteo Creek.
Conservation Values: The primary conservation value of Conservation Easernent #3 is the
natural habitat of the small wetlands for riparian flora and fauna.
Supporting Government Policies: The City of Redlands' General Plan establishes guiding and
implementing principles which recommend the protection of wetlands and riparian habitat_
(Section7.0, Open Space Element of the General Plan: specifically, Section 7.21e)
Statement of how the property qualifies as a tax-deductible conservation easement
donation: Not applicable,
Conservation Easement Restrictions and Reserved Rights:
Grantee may conduct reasonable activities to survey, restore, and maintain the wetlands area
(see management plan) and to promote the public enjoyment of the wetlands and the remainder
of the properties, including but not limited to survey and study, non-native plant removal, native
plant re-planting, and peripheral trail construction for access and observation.
Grantee may conduct reasonable activities to survey, restore and maintain the natural
environment of the remainder of the property.
Grantee may not build or construct any structures on the property except as are necessary to
fulfill the purpose of this easement. Proposals for any building or, constructions must be
submitted to the City of Redlands for approval.
Grantor may not charge any fee for entry to the Conservation Easementn #3 land, nor build or
construct any structures on the easement land except as provided in the Management Plan
(Exhibit A), nor restrict access to the easement land.
All restrictions and reserved rights detailed in the Conservation Easement Deed pertain to the
entire property of both parcels.
Page 5: Introduction
The Parcel 1, APN 0175011770000, was donated to the City of Redlands by Lois Lauer as
a condition of approval for an infill residential development on the Smiley Ridge above the
property. The Parcel 2, APN 0175011760000, was purchased by the City of Redlands in 2001'.
The City has allowed the properties to remain undeveloped.
In 1998, the USACE subjected the property to construction of a flood control project to
minimize downstream flood liability from the San Timoteo Creek. in the process, ACE
interrupted the water supply to the wetlands, resulting in severe damage to the native flora and
fauna. The EPA directed the ACE to restore the wetlands. This work was completed with
unsatisfactory results and the current state of the wetlands exhibits serious problems.
The purpose of this Baseline Report is to establish the existing condition of the land and
immediate environment involved in the Conservation Easement #3 in order to plan for its
protection, restoration, and conservation.
Located in the riparian corridor of the San Timoteo Creek in Redlands, the easement land
has a significant conservation value as a habitat for riparian flora and fauna. It is one of only
two wetland areas within the city limits of Redlands.
Information for this Baseline Report was acquired through a biological survey conducted
by the Santa Ana Watershed Association, interviews with community members and immediate
neighbors active in the preservation of San Timoteo Canyon and Creek, and a review of City of
Redlands documents.
Page 6o Land Uses and Management
Long before the community of Redlands was settled in the 1880s, the San Timoteo
Canyon was used as a travel corridor by the Native Americans and by Spanish ranchers. The
San Timoteo Creek received its year-round water supply from the San Bernardino Mountains
near present-day Cherry Valley, and from Yucaipa Creek which enters the creek front Live Oak
Canyon. The parcel lands not part of the wetlands was most likely used to graze cattle and
sheep. Since the mid twentieth century, the easement land has been unused.
Immediately west of the parcel land, on the west side of San Timoteo Canyon Rood, the
Brookside Winery was established in the mid 1880s, and wine gropes and citrus were grown
there until 1916 after which the area was used exclusively for citrus groves. The area
continues to host several acres of groves, and the original Brookside Winery house and barn still
stand in relatively good condition, Native Americans and Chinese laborers worked and lived on
that property.
San Timoteo Canyon Road, which passes on the west edge of the easement lands, was
used as early as the 1910s for automobile races as drivers made their way, day and night,
between Los Angeles and Palm Springs, From the 1880s through the 1920s, stage coaches
carried travelers from the Santa Fe Trail to Los Angeles along the San Timoteo Canyon Pond.
Where there were stage coaches, there were bandits, and more than a few stopped the coaches
of gun point for some ill-gotten gains.
Since the City of Redlands acquired the land, it has remained undeveloped.
Page 7. Structures and Improvements
No structures of any !rind exist on the easement land.
No apparent easements encumber the easement land.
No water or mineral rights encumber the easement land.
Page 8: Conservation Values
The primary conservation value of this conservation easement is the natural habitat for riparian
flora and fauna, The small wetland is one of only two wetlands in the City of Redlands, and is
readily accessible to the public for educational opportunities,
The Site Assessment completed by the Santa Ana Watershed Association follows,
"The survey site includes the riparian portion of the area depicted in the attached aerial map,
adjacent to the .San Timoteo Creek flood control channel.
The survey portion of the site is mostly inundated by a steady inflow of water from an
underground pipe of unknown origin that dumps into the site, There is an outflow that empties
into the Son Timoteo flood control channel, but the outflow was significantly less than the
inflow during our visit. There is some erosion where the wetland abuts San Timoteo Canyon
Road. The street drain appears to be clogged, which may explain the erosion.
Vegetation:
The site contains wetland vegetation typical to the region, including a small amount of
upland shrub species and non-native grosses. Native vegetation includes Black, red and narrow-
leafed willow (Sa&vsp.), mulefat (Brassieasaficifo%ia), and cattails ( Typphasp,), Non-native
plant species in addition to grasses include a Mexican fan palm ( Washingtonia robusta),
Tamarisk ( Tamarivsp.) and Brazillian pepper trees (Schinussp.). The Redlands Conservancy
Wetlands Project site is bordered by a residential area with a disked field north of the
wetland, the flood control channel to the south and San Timoteo Canyon Road to the west. The
eastern boundary of the wetland contains a Swale to an ephemeral drainage that appears to flow
into the wetland and additional open space along the south-facing slopes.
Avian Species:
Eleven different avian species were detected in the wetland (See Table 1 of Exhibit A).
All species observed are commonly found wintering in this region. Individual members and
diversity are low at this site, but that is expected because the wetland is small (about one acre)
and isolated from the riparian habitat upstream by the flood control channel. Additional
species would undoubtedly occur at this site during nesting season. For example, the red-
winged blackbird (Age(aius phoeniceus), was absent from this winter survey, but is known to
occur here during nesting season,"
(See attached biological survey, Exhibit A,)
Page 9: Physical Description
The easement land is located in the south canyon area of the City of €2edlands in the County of
San Bernardino, approximately 60 miles due east of Los Angeles, in a region known as the inland
Empire. The land approximates 1,600 feet elevation.
The climate features Mediterranean influences, becoming progressively xeropluptic eastward.
The climate is characterized by winter frontal storms and summer heat stress. The average
annual temperature is listed at 62.8 degrees Fahrenheit, with normal ranges from 30 degrees in
the winter to 105 degrees in the summer. The precipitation norm is 13.74 inches, with
95percent of the rain coming in November to April. Summer heat stress favors a fire-adapted
ecosystem.
Page 10: Geology and Landforms
The land around the Conservation Easement is characterized by high ridges on northeast and
southwest sides of a broad and flat canyon which opens into an alluvial fan plain immediately
west of the easement land. The soils around are characterized by Hanford Coarse Sandy Loans
and Saugus Sandy Loam on the hillsides. When the soil is dry, it can become cemented. Most of
acluvial horizons show intense stratification and were deposited as a pluvial erosional feature
during early Holocene, The area is located approximately 1 mile north of the San Jacinto Fault.
Page 11 : Hydrology
The fauna in the area around the Conservation Easement indicates spring flooding-summer
drought cycles. The easement land generally receives no -continuous water flow, although the
small wetland receives a continuous water supply from irrigation run-off.
Page 12. Vegetation
The vegetation of the area around the Conservation Easement is dominated by Medderranean
types eaf modrotertiery origin, and much of the vegetation has been modified.
The south-facing slopes are dominated by grasslands, especially Avena barbato, an introduced
grass which is gradually replacing the native needle grasses. The increased fire frequency due
to man seems to be the major factor.
The wetland site contains vegetation typical to the region, including a small amount of upland
shrub species and non-native grasses. Native vegetation includes Black, red and narrow-leafed
willow, mulefat, and cattails. Non-native plant species in addition to grasses include a Mexican
fan palm, Tamarisk, and Brazilian pepper trees. (See Appendix B for complete listing of proper
names.)
Page 23: Wildlife
Avian wildlife sighted on the easement land during the survey includes species typical of
riparian habitat in this region. Eleven different avian species were defected in the Wetland, all
of which were typical of species commonly found wintering in this region. See Appendix B, site
assessment.
Page 14: Historic Values
Not relevant.
Appendix "A"
This appendix includes Color Photograpbs Numbered 1-10 and an Aerial Map showing
the 1.11 acres of land that is the subject of this Conservation Easement.
The photographs are not scannable and are available for review in the Redlands' City
Clerk's Office, 35 Cajon Street, Redlands CA (909) 798-7531
Appendix A, Photographs and Photo Points Map
(AA attached)
I Photo at northwest coater of wetlands, looking southeast:
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10. South of wetlands, looking east, showing possible encroachment of County Mood Control road
on easement property:
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Appendix B: Site Assessment prepared by Santa Ana Watershed Association
Redlands Conservancy Wellands Prolec`€
Site Assessment
ent
Decern Mbar 2s _2200
introduction
The Redlands Conner-jan y Wetlands Project is locate east of Sari Tirnoteo
.-
Canyon S odd arid north of the flood control channel, in the city of Redlands, San
Bernardino County California. The U.S, ,S. Quadrangie map location is within
range R.3 W. and root ship T. 2 S,, er%on 4 of the Reabinds, Calif. Quad. The
survey site includes the riparians portion of the area depicted in the attached
aerial map (Attachment 1), adjacent to the San T arnoteo Creek flood control
channel,
The sure+ey portion of the site is mostly inundated by a steady inflow of water
from an underground pipe of unknown origin that dumps into the site. There is an
outflow, that empties into the Sara Timateo flood=' control channel, but the outf cer
was signif caantly less that the inflow during our visit. There is some erosion where
the wetland abuts San Timoteo Canyon Road. T he street drain appears to be
clogged, }which may explain the erosion- The site contains wetland vegetation
typical to the regions, including a small amount of upland shrub species and non-
native gasses. Native vegetation incudes Black, red and narrow-leafed willow
{Sa lix sp.), mulafat (Brassica salicgfolota), and cattails Typha sp.). Non-native
plant species In addition to grasses include a Mexican fan palm ( 'ashin t dram
robusta), Tamarisk (Tamarix sp.) and Brazilian pepper trees ( shines sp.). The
Redlands Conservancy Wetlands Project, site is bordered by a residential area
wlth a disked field no h of the wetland, the flood control channel to the south and
San Tirnoteo Canyon Road to the wrest. The eastern boundary of the wetland
contains a Swale to an ephemeral drainage that appears to f ato into the sedland
and additional open space along the south-facing slopes.
klethodolo y
The survey was conducted by slowly walking the perimeter of the entire survey
area and identifying every avian species observed by sight and sound,
Obsenvitsons of adjacent species were rioted, as well as other taxa on-slip. One
survey was COM pleted by Santa Ana Watershed Association t � Aa biologists
MelodyAirnar and AHyson Beckman or, 0evember, 2008 from 07.145 to 08:20,
for a total of forty-five minutes, The sky was clear, with temperatures averaging
16.4 degrees Celsius, and there was no wind.
Results
eleven different avian species were detected in the wetland (Table 1), All species
observed are commonly found wintering in this region. Individual numbers and
diversity are low at this site, but that is expected because the wetland is small
(about one acre) and isolated from the riparian habitat upstream by the flood
control channel. Additional species would undoubtedly occur at this site during
nesting season. For example, the red-winged blackbird (Agetakis p1meniceus),
was absent from this winter survey, but is known to occur here during nesting
season.
Table 1
Redlands Conservancy Wetlands Project
Survey Observations
Avian Species Scientific Name
Anna's hummingbird Calypte anna ---------
Nuttall's woodpecker Picoides nutraiiii
Black phoebe Sbornt.s nigricans
Bushtit Psaltriparus minimus
Bewick's wren Thryornarres bewickii
Ruby-crowned kinglet Re alas calendula
Blue- ra na#catcher Po4optila caerulea
Common yello€�rthroat Geotht=�pis tochas
Yellow-rumped warbler Dendroica coronata
California towhee filo crissalis
Song sparrow Melosisiza melodia
Total Birds Species 11
Adjacent Avian Scientific Name
gcies
California thrasher Toxostorna redivivum
White-crowned sRa arrow Zonotrichia leuceohrvs
Other observations (observation basic ht, burrows, or scat _
Pacific treefr I ps
�__T�01_seudacrfs regifia
Coyote Canis latrans
Audubon's cottontail �vilagus audybont.
MeWy Palmar 2 12"1012008
Santa Ana Watershed Association
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Appendix C,' References
Site Assessment prepared by Santa Ana Watershed Association
City of Redlands General Plan, Open Space Element
„Survey of Biotic Resources of Live Oak Canyon," prepared by Prof. David Bixler
Interviews with residents adjacent to easement land.
Appendix D: Qualifications and Contact Inforrart€an for, Peport €Preprar;er,
This baseline report was prepared by Sherli Leonard, Executive birec`or for the Pedlands
Conservancy. As s< e paid stat, for the Conservancy, Leonard i s been the rrMy crrniMct to
work with. biolocic ietd experts, and thus has studied in pr attic€ rn with theses experts:
D r. Timothy Krantz, Chair, Environrnental Studies bepartment, university of Redlands
M belay, field biologist and instructor retired, Yucaipa unified --ho i District
Use Pierce, `rater Resources institute, 5tate university of California San Bernardino
Contact information:
Sherr Leonard, Executive Director, Redlands Conservancy
31.534 Highview Drive
edlands Cha 92373
(909) 389-781
EXHIBIT
MANAGEMENT GUIDELINES
EXHIBIT "B"
MANAGEMENT GUIDELINES
Fhe following managoernent guidelines for that certain property (the "Project-1) described in the
Deed of Conservation Easement and A,,recrnent, dated February 17, 2009. shall be binding upon
the City of Redlands ("City"). as owner of the Property, and the Redlands Conservancy
('"Conservancv"). as the holder of conservation casement on the Property: shall apply only the
Management Area ("Area"); and are established as a standard set of practices for the long term
management and environmental preservation of the Property:
A. The Area includes all of the land within the Parcel lines of Parcel 0175011770000, and all of
the land within the Parcel lines of Parcel 0175011760000.
B. The City and Conservancy shall jointly be responsible for the implementation and oversight
of these management guidelines as set forth herein and as specified for each part}.
C. The prohibited activities within the Property are as follows:
1, Travel ofmotorizedvehicles, except for maintenance. educational purposes and
emergency vehicle access,
2. Removal of'plant or mineral material resources except for scientific, maintenance or
educational purposes. Removal proposals must be approved by the City and Conservancy.
3. Introduction of any plant or mineral material within the Area, unless native to the San
Bernardino valley. Introduction of any plants or mineral materials based on accepted crner4t,
shall be reviewed and approved by the City and Conservancy.
4. t1'se of any firearms, for either hunting or target practice.
>. "1'rapping of native manmals and animals except for approved scientific study.
Proposed trapping based on accepted criteria shrill be reviewed and approved bv tate City and
Conservaticv.
d, conic tltn G3tlotn tw'Ners or sinnilar structures.
7. Grazing of livestock or other animals.
8. The landina of all aircraft. inc.hidite, model aircraft except for emergency aircraft
directly related to emergency situations. 'Model aircraft shall be prohibited born the airspace
over the area.
9, Competitive recreational events,without the required rvview and approval of the City
and Conservancy.
10. New structures, except for those directly related to educational or tnaiuntenanee
purposes. All neve' permissible structures shall required to be reviewed and approved by both the
City and the Conservancy, and must adhere to all City codes.
D. Trails. trail access, rest areas, viewing areas, and trail staging areas within the Area shall be
designed and installed by the Conservancy, with approval from the City, with consideration
provided that shall include sensitive plants. animals and areas of active and potentially
recovering areas of landscape. Only trails, rest areas. viewin , arras, and trail staging areas that:
relate to tare purpose of this conservation easeanent may be proposed and constructed.
E. All recreational use of the Area shall be restricted to the designated and si„zned trails. viewing
areas, and roads.
} . Public use € f biologicalk sens,tive areas shall be restricted by appropriate signage or barriers.
as reviewed and approved by the City and Conservancy.
G. Recreation amenities including, but not limited to, picnic tables. drinking water service and
shade structures, based on accepted criteria, shall be required to be reviewed and approved by the
City and Conse_vancy.
11. The C'onservanca shall prepare. within six months ofthe recording ofthis conservation
easement deed, a scope and scgraence for the restoration work to be completed for the wetlands
area, and shall be responsible for the implementation of the work plan. The scope and sequence
shall be suolect to approval by the City. The restoration work shall include all reasonable efforts
to remove non-native plants from the wetlands area, re-introduce native plants, and provide for
'he ongoing protection of native animal species living in the wetlands area.
The Parties have executed this Conservation Easement Management PIan on the dates set forth
below.
Grantor- Grantee:
City of Redlands Redlands Conservancy
Bv: ,�. o By:
Jo)x Harr .son
Its: Its: r ✓-f — - --
Date: march 3, 2009 Date: —
ATTEST: _.--
Lorrse Poyzer daty. Clerk