HomeMy WebLinkAboutDeeds & Easements-72-09_CCv0001.pdf m
t$
Retarded in Official Retards, Goonty of San Bernardino 511212009
11:44 AM
LARRY WALKER
4�t A'RQs. AuditorlContralier – Recorder
V
G REQUESTED BY:
RECORDIN
CITY C"Y O REDE .AND �fR Regular M 1
1Q ;F
2009—0204215 Titles: 1Pais:
Fees O,AO
WTI N RECORDED tai l'URN`ro: Taxes 0,00
CITY CLERK'S other 0.00
CITY OFREDLANDS
P,OC BOX 3005
REDLANDS, CA 921731
PER GIDI T i:.N %�yl'0
Ste.,G i;` 'i 103
(space Above Line for Recordet's Use Orale)
CONSERVATION EASEMENTDEED
THIS CONSERVATION EASEMENT DEED is made this 3rd day of March, 2009. by
the City of Redlands (-Grantor") in firvor of the Redlands Conservancy("Grantee"), a non-profit
corporation, with reference to the;followin facts:
RECTTALS
A, Grantor is the sole ovvner in fee simple of§certain real property in the Cite of
Redlands, County of:San Bernardino, State of California, designated as Assessor's Parcel
Numbers 017_5-0111- 7 and 0176-011-76 and more particularly described in E hihit ` " attached
hereto and incorporated herein by this reference (the."Propertyry!)
13, The Property possesses scenic, wildlifie and habitat values(collectively..
"C"onservation Values") of great importance to Grantor and'Grantee and the residents oil*the City
of edlands.
C. Grantor and Grantee desire to maintain and enhance the Conservaliori Values of
the. Property through the grant of this Conservation Easement andGrantee's resroration of
wetlands habitat on the Property;
1) Grantee is authorised to fold this Conscrvation Easement prrrsr~tant to Civil Code
`section 8 15.3 and other provisions of C°alifiarnia lave),
COV vl' ,%l l R 1 CONDITION AND RESTRICTIONS,
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, and 1.artr-Suant to C ali(or°rya law, including Civil Code Section 815, el seq., Grantor
hereby volr nt.ar°ily= grants and con-veys to Grantee a conservation casement (the "Conservation
l:
3
�1
k
,E
R
5
I P ose. The urpose of this; Conservation Easement s to ensure the Property
will be retained forever in a natural condition and to prevent any use of the Property that will
impair or interfere with the Conservation Values of the Pr°operty. The Conservation Values of
the Property and its current use and state of improvements are cl�cscribed in a;Baseline Deport_
copy of which is attached hereto as Exhibit "' and incorporated herein by this rc�crcnc . The
Baseline Report may be used by Grantee to establish that a change in the use or character of the
Property; has occurred. Grantor intends that this Conservation Easement will confine the use of
f
the Property to preservation and enhancement of the Conservation Values, as described in the
Baseline Deport, including, without limitation those involving the preservation and enhancement
of native species and their- habitat, and the restoration of wetlands, in a manner consistent with
the hat)itat conservation purposes of this Conservation Easement
Grantee's Rights. To accomplish the purposes of this C onservatio n Easement,
Grantor hereby? grants and conveys the following rights to Grantee or its designee.
(a) To preserve, prote=st and enhance the Conservation Values of the Property,,
it clrrding, but not limited to, by planting a citrus border along San Tim teo Canyon Road and l y
restoration of wetlands habitat on the Property; in accordance with the Management Guidelines
set forth in Exhibit "B" which evhich is,attached hereto and incorporated herein by this reference.
(b) To enter upon the Property at reasonable tinies in order to monitor
Grantor's compliance with and to otherwise enforce the terms of this Conservation Easement
and for scientific research and interpretive purposes by Grantee or its designees, provided that
Grantee shall not a nrea.sotiably .interBere with Grantor's authorized use and quiet enJoyTment of
the Property.,
(c) To prevent any activity{ on or use of the Property that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
icaatures of the Property that may be darnaged by any acct, failure to act, or any use that is
inconsistent;with the purposes of this Conservation Easement; and
(d) AD mineral, air and water rights necessary to protect and to sustain the
biological resources of the Property,
(e)
Grantor hereby: agrees to abide by the Managetnent Guidelines for so bang as this C'onscrvaatiOn
F aserne t remains in effect. The Nianagetrient Guidelines tnav be amended by, the nittttaaal
consent of Grantor and Grantee,
prohibited t."se . Any activity on or use of the Property inconsistent N ith the
purposes ofthis Conservation Eaaseraaent is prohibited.
. Grantor's pieties: Grantor shall undertake all reasonable actions; to prevent the
unlaawltal entry and trespass by persons Nvhose activities may degrade or baarm the Conservation
Values of the. Property'
f t.`..s�s e�taty stit,.�:F�stwLri zattsrtt I�at�c;s�a�ttt.t."t���wt"��'�t�tt�s�}.sale°stir stt.t�{:i�; �s g
Y;,'11,091t):44,a
5. Reser°r t~d Riahts. Grantor reserves to itself; and to its successors and assigns. all
rights accruing frons its ownership of the Property, including the right to en-age in or to permit
or invite others to engage in all uses of the. property that are consistent;Nvith they purposes €f this
Conservation Easement. Grantor further specifically reserves the; right to grant utility easements
s over and ander the Property for utility purposes, provided that such easements are not
t
inconsistent with the conservation properties of this Conservation Easement,
f
i ti Grantee's Remedies. If Grantee determines that Grantor is in violation of the
terms of:this Conservation Easement, or that a violation is,threatened, Grantee shell give written
notice to Grantor of such violation and demand in writing the cure of such violation. If Grantor
fails to cure the violation 'within fifteen (15) business days after receipt of written notice an
demand from Grantee. or if the cure .reasonably requires more than fifteen (1 5) business days to
complete and Grantor fails to begin the cure within the fifteen (15) business-dray period or fails to
continue diligently to complete the cure. Grantee may bring an Taction at lave or in equity in a
court of competent jurisdiction to enforce compliance by Grantor with the terns f.. this
Conservation Easement, to recover ally damages to which Grantee may be entitled for violation
by Grantor of the terms of this Conservation Easement or for ally injury to the Conservation
Values of"the Property, to enjoin the violation, ex parte as necessary, by tear orary or pet inrrrrcnt
injunction without the necessity of"proving either actual danrages or the inadequacy of otherwise
available legal;remedies, cat.•.for Cather equitable relief, including, but not limited to, the restoration
of the Property to the condition in which it existed prior to ariv such violation or irjjury. Without
Hunting Grantor's liability' therefor, Grantee may apply any darn ages recovered to the cost of
undertal in,) any corrective action can 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 marry:
pursue its remedies tinder this Section 6 without prior notice to Grantor or without waiting for
the period provided for came.: to expire. Grantee's rights under this section {apply equally" to actual
or threatened violations of the terms of this Conservation Easement. Gr=antor ares that
Grantee's remedies at law for any violation of the terms of this Conservation Easeraient erre
inadequate and that Grantee shall be entitled to the injunctive retief described in this section
both prohibitive and mandatory, in addition to such other relief to which Grantee may be
entitled. including specific perEiarrnance of the terms of this Conservation Easement- without the
necessity of proving either Factual damages or the inadequacy of otherwise available legal
reiliedies. Cir-arnee<s remedies described in, this section shall he cumulative and shalt be in
addition to all remedies now or hereafter existing at law or ire equity, including, fent not limited
to. the remedies set Barth in C iviI Code Section 8151 et.see,,, inclusive. The ltailure of Grantee to
discover a violation or to take irianaediatc legal action shall not liar Grantee: from taking such
Faction at later:time.
6.1. Costs w of Enforcement, syn-. costs incurred by Grantee. where Grantee is
the prevailing party, in enforcing the terms of this Conservation Easement t ra�iainst tir-antor,
irrc:lrrding, but not timited to, casts of wait and attorneys* and experts' fees, and ariv° costs of
restoration necessitated by Grantor's negligence or breach of this Conservation Easement shall
be borne by Grantor
r1.:i�"=a;:�artc°tt� e.'€`€tx�.a:tb•�ts�=tt k•.s€��rt�c�tvtle"<an;�€'r�ttlik�r;as:c€n�ai.€i€��
f
6 2 Grantees _ incretion. Enforcement of the terms of: this Conservation
}
Easement bv Grantee shall be at the discretion of Grantee. arid ariv forbearance ley Grantee to
exercise its ri.thts under this Conservation Fasement, in the event of any breach of any term of
I
this Conservation Easement by Grantor, shall not be dc:enaecl or construed to be a waiver by
Grantee of sack terms or of any subsequent breach, of the same: or any Cather feria of this
Conservation vation Easement or of any of Grantee's rights gander this Conservation asemen t, NN
defaav or omission by Grantee in the exercise of any right or remedy upon any breach by C rancor
shaall ivapair such right or remedy or be construed as a waiver,
63, ikets Beyond Grantor's Control.1. ;nothing contained in this Conservation
Easement shall be construed to entitle Grantee to bring any action against Grantor for any inia.ary
to or change in the: Property resulting from (i) arry natural cause. beyond Grantor's control_
including, without Iii-nitation, fire not caused by Grantor, flood, storrn, and earth movement, or
any prudent auction taken by Grantor grander emergency conditions to prevent, abate, or mitigate
significant ir-jury to the Property resulting from such causes; or (ii) acts by Grantee; or its
employees;
T Costs and Liabilities. Except as specifically otherwise provided in Exhibit `B".
which is attached hereto, Grantor retains all responsibilities and shall bear all costs and liabilities
of any kind related to the ownership, operation, upkeep, and maintenaance, 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
activity or use permitted by this Conservation Easement, arid any activity or use shall be
undertaken in accordance- with all applicable federal, state,, local and administrative agency
statutes, ordinances, rules, regulations, orders arid requirements,
TL 'raxes. No Liens.s. Grantor shall pay before delinquency all, taxes,
assessments, fees, ,aid charges ofwhatever description levied on or assessed against st the Property
by competent authority (collectively "taxes") including any tames imposed upon, or incurred as to
result oaf, this Conservation Easen-ent; and shall furnish �rantt`e with satisfactory evidence of
payment upon request. Grantor shall beep Graa.tztee's interest in the Property free firm any liens
includira.a_ those arising out of any obligation incurred by Grantor or any labor or materials
furnished or alleged to laaave been furnished to or for Grantor at or for use on,the Property.
.2) Hold I'jaarra less grantor shall Mild harmless., protect arid indenlnif°
Grantee arid its directors, officers, employees. agents, contractors arid representatives and the
heats, personal representatives, successors and assigns of"`each of them (each arta "Indemnified
Party" and collectively, "Indemnified Parties") from any against any all liabilities, penalties
ousts, losses, damages., expenses (including, Nvitbout limitation. reasonable attorneys' tees and
experts' fees). causes ofaction. claims, demands, orders, liens or Judgaaaents ("each as "Claaint"and,
collectively, "Claims"). arising from or in any way counected with: {l) ir�jurylto or (lae death of
ally person_ or physical damage to an), property, resulting from any negligent act or onussion of
Grantor related to or Occurring on or about the Property, (2) the obligations specified in Section
4 and (3) the existence of this Conservation Easement.
ir';:tnC' u1t EtL a.ons manna F'i[tieCS1Cnt C',ttnserVauon a.asen-Lent caro „l
:,i,'I,,V9 10"44 a m
rs.
r
Y
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 Section
11-=10.680, notwithstandin(I Code of Civil it Proce.dure Sections 1240.690 nd 12Ei.` O .
ssi 'rarrrert This Conservation Easement is transferable: by CSrantee, but Grantee
rnayy assign its rights and obligations tinder this Conservation Easement only to an eralty or
org, ni ation authorized to acquire and hold conservation casements pursuant to Civil "tai{
Section 815.3. Grantee shall require the: assignee to record the assignment in the County of Sart
Bernardino.
. Subse uent Transfers. Grantor agrees to incorporate the ternis of` this
Conservation Easement in any deed or other legal instrument by which, Grantor divests itself of
any interest in all or any porion of the Property, including„ without limitation a leasehold
interest. Grantor further agrees to give written notice to Grantee of the intent to transfer any
interest aat leapt thirty= (30) day=s prior to the date of such transfer. Grantee shall have the right to
prevent subsequent transfers in which prospective subsequent claimants or transferees are not
given, notice of the covenants, ternis, conditions and restrictions of this Conservation Easement,
The failure of Grantor or Grantee to perform any act provided in this section shall that impair the
validity of this Conservation Easement or limit its enforceability bilin in arra= way.
l(), Notices. Any notice, demand, request, consent, approval,Dual, or communication that
either party desires or is required to give to the other shall be in writing and be served personally
or sent by recognized overnight courierthat guarantees next-day delivery or by first class mail,
}aiasta �e frilly prepaid, addressed as follows:
To Grantor': City Clerk
City of Redlands
PO fox 3005
Redlands, CA 92373
To Grantee: Executive Director
'The Redlands Conservanc-y
P.O. Box 855
.Redlands,CA 92173
or to such other address as either party shall designate byA -ritten notice to the tither. 'Notice shall
be dee,ined effective upon delivery in the case of personal delivery or delivery by overnight,
courier or, in the case of delivery} by first class mail., v (5)(lays after deposit into the l"nn d
States mail,.
IL Amendment. This Conservation Easement may lac::-:aanar:radec1 by Grantor and
Grantee only by mutual <greente t. Any such amendment shall be consistent with the purposes
of this Conservation Easement and shall not affect its perpetwal duration, Any; sande amendment
ent
shall be recorded ]it the official records of San Bernardino County, State ofCalifornia.
4t�sr',ts�➢lri'�4�.t71
12. General Provisions.
(a) Controllin MiA�a��, The interpretation and performance of this Conservation
Easement shall be governed by the la- s of the State of California,
(b) Liberal Construction. Any general rule of construction to the teary
trot\withstanding, this Conservation Easement shall be liberally construed to effect the purpose
ofthis Conservation;Easement and the policy and purpose ofCivil Code Section 815, Mkt seq, If
catty. provision in this instrument is tonne to be ambiguous. an interpretation consistent with the
Purposes of this Conserv atiori Easement that Nvould render the provision valid;shall be favored
over aanyx. interpretation that would render it invalid-
(c)
zavali -(c) Severability. If a court of competen1jurisdiction voids or invalidates on
its face any provision of this Conservation Casement, such actionshall not affect the remainder
of this Conservation Easement. If as court of competent jurisdiction voids or invalidates the
application of any provision of'this C:onservati an Esement to a person or circumstance, such
action shall not affect the application of the provision to other persons or circumstances.
(d) Entire Agreement: This instrument sets forth the entire aureement of the
parties with respect to this Conservation Easement and supersedes all prior discussions.,
negotiations, understandings, or agreements relating;to this Conservation Easeirient. No
alteration or variation of this instrument shall be valid or binding unless contained in an
amendment in accordance with Section I I hereof.
(e) No Forfeiture. Nothing;contained herein will result in ai fiorteiture or
reversion of Gnuator°;s title in any respect,
(f) Successors. The covenants, terms, conditions, and restrictions of this
Conservation Easement shall be binding'upon, and inure to the benefit of, the parties hereto and
their respective successors, and assigns and shall constitute a servitude running in perpetuity with
the Property
(p) Iernt naticaia ra .i is iad C>E�aligaations. A paarty' r -,his and obligations
tinder this Conservation ation Easement terminate upon transfer of'the party's interest in the
Conservation Easement orProperty., e c except that liabilityfor acts car omissions Occurrin prior to
transfer shall survive transfer.
(h) Caa t(onas. The captions in this instrument have been inserted solely fear
convenience ofref re ace: and are not as para of this instrument 4and shall liar=e no effect upon its
construction or interpretation.
(i): 'No Ha7aardous it rza is I rarEailit Grantor represents and warrants that is
has no knowledge of any release or threatened release:of Hazardous ous Maa eariaals(defined l'eloty)
in. can, trader, about or affecting,the Proper€y°. Without li ruing the obligations ofGrantor under
Section .2, Grantor agrees to indemnify. protea and hold haarraaless the Indemnified Parties
i i."# 7 134tT e e?E}',ilia:?1415li r r[71i1�4: G 2ti4 t"4 ltt;trt r:t iia} 718.€CG 6
YT
f
(defined in Section 7.2) against any and all Claiinas (defined in `section .?) arising f turn or
1 connected with any Hazardous Materials present, alleged to be present, or otherwise associated_
with the Property at any time, except any Hazardous Material: placed. disposes or released b
Grantee- its c: ly°eesr Certs. If any actin car proceeding is ltcalt mast any of the
Indemnified Parties by reason of a ny stach claim, Grantor shall, at the election of and upon
written notice from Grantee, defend such action or proceeding by counsel reaasonably acceptable
to the Indemnified Party or reimburse Grantee for all.clazrges inc trrre<l or services of the
<Attomev General in defending the action or proceeding,
Despite any contrary provision of this Conservation Easement, thepal-ties
do not intend this Conservation Eaasetrient to be,and this Conservation Easement shall not be,
c onstrued such that it creates in or gives to Grantee any of the following:
(1) he obligations or liabilities of aan "c ap=es•" or"operator," as those
terms are defined and used in Environmental Lame=s (defined below), including, without
limitation, the Comprehensive Environmental Response, Co aapensaati n and L iat)ility Acct of
1980, as aarnended ( 2 US.C:. Section 9601 ef seq., hereinafter "C RCLA"); or
(7) The obligations or liabilities of as person described in 42 U&C.
Section 9607(a)(31) or(4)7- or
(:3) The obligations of responsible person Lander any applicable
Environmental laws; or
( ), The right to investigate and reniediate any Hazardous dous 'laateriafli
associated with the Property-- or
5) Any control over Grantor's ability, to investigate, remove.
remediate or othevvise clean Lala any Hazardous Materials associated with the, Property,
The term "Hazardous Materials" includes, without lin-citation, (ai) material that is
flammable, explosive or radioactive (b)petroleum products, including by-products and fractions
thereof,', and (c.) hazardous materials, hazardous wastes, hazardous or toxic; substances. or related
materials defined in CERC'LA. the flaazaardous Materials Transportation Act ( �1 U.S,C'. Section
6901 et s'e'ct.); the Hazardous Waste Control La,-v,,,, (California 1-lealth and aatety Code Section
`5100 cit seq.) ;and the 1-lazafrdous ,Substance; Account Act (California Health and Safety Code
ection �? 3C10 tit eq.); and its the regulations adopted and publications Promulgated 4ated Pursuaant to
there, or aany, ether applicable federal, stain, or local laws, ordinances, rules, regulation or orders
now in elect or enacted after the elate of this C onset a-tion Easement.
The terns-Environmental Laws" includes, without limitation, any federal, state..
Racal. or administrative agency statute,ordinance. rule, regulation,carder or requirement relattin<,
to polluticin, protection of human health or safety, the.,cri iro n eaat or Hazardous
Grantor'represents, warrants and covenants to Grantee that Grantor's activities upon and use of
the Property- will ccampty with all Environmental l,aNNs.
Ca .i sc°Etaa tk€>;C c+r c€ Y3ttcrr Fasement,.Co tsci vation l.aseinrnt dor '
0--1 240 10 44 a tst
3{:
{
l) Warranty. Grantor represents and warrants that there are no outstanding
nai rt a s. liens, encaraaatar aaces or ether interests in the Property which have not lie ca expressly
subordinated to this Conservation Easement, and that:the Property is not subJeet to any other
conservation easement.
(h) Additional Easements, Grantor shall not grant arab" additional casenlents.
rights rat"way or others interests in the Property (ether than ra security interest that is subordinate to
this Conservation ation 1 asenaent), or grant or otherwise abandon or relinquish any water agreement
relatirag to the Property. without list obtaining the Written consent of Grantee. Grantee may
e,vithhold such consent if it determines that the proposed interest or transfer is inconsistent with
the purposed of this Conservation :asement or will impair or interfere with the Conservation
Values of the Property. This Section 12(k) shall not prohibit transfer of a lee or leasehold
interest in the. Property that is subject to this Conservation Easement
(1) Counterparts. `I`he parties may execute this instrument in tx-vo or more
counterparts, which shall, in the aggregate, be signed:by both parties, each counterpart shall be
deemed an or-iuinial instrument as against any parte who has signed it. In the event ofany
disparity between the.;counterparts produced, the: recorded counterpart shall be contr llino
IN WITNESS Grantor has executed this Conservation Easement Deed the
day and year 1`irst tabove written.
GRANTOR
B
1a��o C_i v f l�eudl,
ATTEST:
Cm'i t v CI A
lI'd�rt'w�rrrc�is tt,°�.i�t•ti4 ,trk,�n tw.�vcrattat�a `t�t��.i'ussCt�3ct��1Snalti".17E.<��
wf ALL-PURPOSE ACKNOWLEDGMENT
JfeNtOWE_F+DCfMEi T
tr
TATE OF CALIFORNIA }
CITY OF PZED A ISS
By the authority granted under Chapter rr -1, article 3_ 'Section l IS l of the California Civil Code. and Chapter ?,
Division 3, Section 40814, of'the California Government Code, on March 3, 2009, b i'orc me. Teresa Ballinger.
t
Assistant City Clerk. cin beltttll.' o Lome Poyzcr, City Clerk of the City of Redlands, California, personally`
i ..
appeared Tarr Harrison, Mayor and Lorrie Vol zer, (.'ity Clerk rk who proved to me oil the basis of satisfiactory
evidence to be the person(s) whose: trarne(s) is,are subscribed to the within instrument and ackriow1cclfoed to rare
that he,4h.'thcy executed the same in I hefthc it authorized capacity(ie,$) and that by signature(s)
on the instrurtrent the person(s), or the entity upon behalf of which the er:;tau(s)acted, executed the inStr`unjetnt,
ecrfifV Under l'1°; AI_TY 01" I ERX'RY under the laws of"the Sorts(if California that the foregoingparagrai h is
true and correct.
CSC Ct )
LORRIE PC YZER, CITY CLERK
rk
Bv-
CI ' u" ,
ttttttttrttt= Teresa Ballinger, Assi.;,ant City C lcc'
(909)798-7531
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
{ r
Corporate Officer(s)
Tit l tle()
C oinparty.
Partnership
Attorney-In-Fact
l'rincipal(s)
Trust
X Other
l"itic;(t)- Mayor and City Clerk
Entity Represerrtedl- City of Redl.tr ds, a municipal cojIvratio n
MIS CE I"Il✓IC.a{ TFi Ml;:S T BF A l T C...IIE l O THE DOC't..'l�,lENT I)ESC II3l~.D 13E Lt.)W
'(`isle car"T`�°Pe ett Dt)cuniettt: Conservationrtseme nt Deed; A1 Ns: 0175-Oil-7and 0176-011-16
Cate:of Doc:ttment, March 3, 200
Signer(s) Other Than Nanied Above- None
Redlands Conservancy
{
Parcels
t�
f
' ++" A °"
Legend
"
�i
i
int{r
Yg
�3t
r
g
,v n
W.
t
{4d r
r�
f Me c*vtf
The Ct"& womavy
t k"foggy WAOt
t
* 'ar1 ✓ the1i§k`t `r9''h'tYiv'*m f,"m, C ;S"K14
tiu ix
MaD
{ a Rpm k "Y R
T �S l to
t 1,4
w"mbft,ars
sw MOW r kW O 'nom.5 rd
i
r
ut.
n
waw 2,
� e
v
EXHIBIT A
BASELINE REPORT
Redlands Conservancy
--
PO Box 855, Redlands CA 92373; (909) 792- 1800;
www.redlandsconery n ;yFa
BASELINE EP i
For
CONSERVATION EASEMENT,T,
,SAN TJt WETLANDS PARCEL
A Conservation Easement on one 13.33-acre par=cel, APIA} 0175011770000, known as
Parcel 1, and one 6.53 acre parcel, APN 01 5011760000, known as Parcel 2,
located east of San Tirnoteo Canyon Road, north of San Timoteo Creep 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 gest end of
Parcel 1 and preserving the parcels` conservation values in perpetuity.
Date prepared; December, 2003
Prepared by. Sherli Leonard, Executive Director,
Redlands Conservancy
Page 2: Table of Contents
Page 3: Owner Acknowledgement Statement
Page 4: Summary Information
Page 5: Introduction
Page 6. Land Uses and Management
Page 7: Structures and Improvements
Page 8: Conservation Values
Page 9: Physical Description
Page 10: Geology and Land Forms ,
Page 11 : Hydrology
Page 12: Vegetation
Page 13: Wildlife
Page 14: Historic Values
Appendix A: Photographs, Map
Appendix B: Biological Survey and Map
Page 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, API`s 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 an Bernardino County
Flood Control right of way, along the north side of Son Ti mteo Creel, extending east from a
nexus with Sari Timteo Canyon Road, and spreading onto the hillsides partially covered by
California coastal sage scrub: The easement corers the entire land of both parcels.
The easement includes a one-acre (approximate) wetlands.
Owner 5 natures=
March 3, 2009
Fort to City of Redlands - Jean Itarrison, Mayor Date
For Tree t,'4y o -I Lrrie Poyz r, City Clerk bate
Page 4. Summary Information
Land owners. City of Redlands
Zoning: City of Redlands; The west portion of the parcels is in -1 zone, Agricultural District,
minimum 5 acres: the east portion of the parcels is in R-A zone, Residential Estate District,
minimum last size 20,000 sq. ft,,
Directions* The parcels lie in the southwest quadrant of the City of Redlands, adjoining at the
west end San Timoteo Canyon Road, spreading south and east along the San Bernardino County
Flood Control right of way on the north side of San Timoteo Creels.
Conservation Values- The primary conservation value of Conservation Easement ##3 is the
natural habitat- of the small wetlands for riparian flora and fauna.
Supporting Government Policies: The City of Red lands' General Plan establishes guiding and
implementing principles which recommend the protection of wetland's and riparian habitat,
(Section 7.0, Open Space dement of the General Plan: specifically, Section 7.21e)
Statement of hoer the property qualifies as a tax-deductible conservation easement
donation: Not applicable,
Conservation Easement Restrictions and Deserved' 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 can 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 Easement #3 land, nor build or
construct any structures on the easement land;except as provided in the Management Plan
(Exhibit , 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 inf ill residential development on the Smiley Ridge above the
property. The Parcel 2, APIA 0175011760000, was purchased by the City of Pedlands in 2007
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 Son Timoteo Canyon and Creek, and a review of City of
Redlands documents,
Page 6: 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 on Bernardino Mountains
near present-day Cherry Valley, and from Yucaipa Creek which enters the creek from 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 Road, 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 Road,
Where there were stage coaches, there were bandits, and more than a few stopped the coaches
at 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 kind 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 f lood control channel.
The survey portion of the site is mostly inundated by a steady inf low 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 grasses. Native vegetation includes Black, red and narrow-
leafed willow (SoAxsp.), mule. at (Rrassicasalicifoloia), and cattails ( Typphasp.). Non-native
plant species in addition to grasses include a Mexican fan palm ( Washingtonia robusta),
Tamarisk ( Tamarix5p.) and Brazillian pepper trees (Schinussep.). The Redlands Conservancy
Wetlands Project site is bordered by residential area with a disked field north of the
wetland, the flood control channel to the south and an 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 wetiond and additional open space along the south-facing slopes,
Avian Species:
Eleven different avian species, were detected in the wetland (See Table I 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 (Ageldius phoeniceus), was absent from this winter survey, but is known to
occur here during nesting season,"
(See attached biological survey, Exhibit A.)
Page - Physical _ 'p __-
The easement land is located in the south canyon area- - of the City of Redlands in the County of
Son 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 f rontal storms and summer heat stress. The, average
annual temperature is listedat 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 f ire-adapted
- ~
Page 10: Geology and Landforms
The land around the Conservation Easement is characterized by high ridges on northeast and
southwest sides of a brood and flat canyon which opens into an alluvial fare plain immediately
west of the easement land. The soils around are characterizedby Hanford Coarse Sandy Loam
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 l mile north of the Sian 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 Mediterranean
types of modrotertlery origin, and much of the vegetation has been modified,
The south-f acing slopes are dominated by grasslands, especially Avena barbata, an introduced
grass which is gradually replacing the native needle grosses, 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 13: 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 detected 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 Photographs 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
t
Appendix Af Photographs and Photo Points Map
(Map attached
1. Photo at northwest corner of wetlands, looking southeast:
r ,
2.
y �#
i
r
t
y
North edge, looking, southwest:
} ,
. . 3rth e edoki southwest:
le
y
3
9
. Northeast end, lookm west.
4
bk'L
t S• f�r'a '� t y1 i Z�. .
z r� i � d
€ 4ll aq t a 101, �V
pyll
f 1 #
JOI
IFIr W
. East end, i h at crossi�n ;
r
R
,
4U r,
f
lDf.;+ 'rtkYlr�y .tMaNr~ ,:. � r
iSoutheast ead, lo4�i west and north.
s
5
r r t}I 4 t
{
oath eel e look +north
t#{
All
t�a
( t t X t, #t.,,any Y J1� 4 )b,, ;`� '£{t !X� tr.; st{Xtt Y h�� :r` Lz
MUf {,£, # 8 1 tir°fi f 4'F'� kk�7+z ''4�§ f} £'
€{}t s r �, h"'=xz ,u tt i,, ,q#Y& Y{t { x rtt .=s� ,� rls`G�h{i,� `F £ '{' #DIY€r o{ Y4Y {
AQW,
t� r �� tc�ir s��'t, t�'� t 3'* k l# 5t3�y})t s 3 #� � w� a� •�,a w � a ���'= t#�,. �'�Y�'�`, t� r4 '�T"
`
d
zu
4
� 'XX # , ear� t?� h�r��±• a �a '� � 'r t � �# zk `t�
a a
` ' f a�'�"'�g r s 'p�T rt ��Y ? �!t �. `?##'°✓ � Y� ,��`t����1 n t
t
t � a
8th edge lookr west
t t I°£is'sl`wt r z-rf t � tw x
##
'�}lltfl w t t us
.fi x"1 y��k{`�'�
r�
� f
w
v,
z ;
4 3Y
tu'tV l,.
.� rr3 Su pa r
t e
ar
r S
t ,Btu;` +. 3� :a��£ •"/.;dUy #
£ �ht
f" >
v
k,<a nat",i a#,, '�`„rs „ �.. ���=fat�• yes � t�'dr �k � u t Pa y. �
>~ 4 z
9. ' ':st d lonliat.
t { r arf us Y to t
i SFt
g �f
F.r
t
�te
a tat {
a
10. Southof wetlands, looking east, showing possible encroachment of County Flood Control road
on easement �* r
1
t � t
3� ter r
t ,_4,'{ ;,"rt i }¢'•it` �U r it{�s,,�,(`r Cit�saufn lij .. 't
gC 7gyl� ICr �I;F�"k+s}£7{t t� 1t.7ait�
S „e e
Appendix B: Site Assessment prepared by Santa Ana Watershed Association
rn¢ 'Y `e.l.t....
Redlands Conservancy Wetlands Project
Site Assessment
December 2, 200
Introduction
The Redlands Conservancy Wetlands project is located east of Sari Tirnoteo
Canyon Road and north of the flood control channel, in the city of Redlands, San
Bernardino ount , California.. The U.S. .S. Quadrangle rn p location is within
range R.3 . and township T, 2 S,„ Seclion 4 of the Redlands, Calif. Quad. The
survey site includes the riparian portion of the area depicted in the attached
aerial map (Attachment s adjacent to the Sart Tirnoteo Creek flood control
channel,
The Ury portion of the site is mostly inundated by a steady inflow of grater
from n underground pipe of unknown origin that dumps into the site. There is ars
outflow that empties into the San Tirnoteo flood control channel, but the o,ufflow
was significantly less that 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. The site contains wetland vegetation
typical to the region, includin all amount of upland shrub species and non-
native grasses. Native,vegetation includes Black, reef and narrow-leafed willow
(Salix sp.), mul f t(Brassica salic rel t , and cattails . . Non-native
pleat species in addition to grasses include i `n fare palm hin t ni
rt , Tamarisk r r r . and Brazilian pepper trees Sch n sp.). The
Redlands Con r n tl nds Project site is bordered by a residential area
with a disked field north of the wetiand, the flood oontrol channel to the south arra
Sart 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,
'lthul
The survey was conducted by slowly walking the perimeter of the satire survey
area and identifying every avian species observed by sight and sound.
d
Observations of adjacent species were noted, as well as other taxa on-site. One
survey was completed by Beata Ani Watershed Association (SAWA) biologists
Melody Airnar and Allyson Beckman on 02 December, 2008 from 07:45 to 0830,
for a total of forty-five minutes, The sky was clear, with temperatures averaging
A 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 (Agelafus phoenkeus),
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 hqm in Jrd dal to anqa
Nuttall'swood pesker Picoidesnuttaffli
sa-orris ni'aficans
Bushtit
Bewick's wren TI qomaneq bewickii
Rub crowned ki
�ca�endulq
Commonye!Lqv�throat — Ge2tlaP rs tr"iciias
Yellow-rumped warbler den droica coronata
California towhee
_Pikdo errs s �is
�09 spqr!R Wdraqp zq rralocia
Total Birds Species 11
Adjacent Avian Scientific Name
cis
California thrasher Toxostoma redivivurn
White-crowned n arrow onotrichia le
Other observationskObserVation-' b i
burrows ,or,sw
Pacific treafro Pseudacris
Canis Mtrans
L-Audubon's cottontail drtida tis auduboni
Melody Aimar 2
Santa Ana Watershed Association
{ 4Y s
tfEt t
} U
�✓t� �£��" i?tl�lft}`�££ss f�;�rs� si�i�iktt�s s£s�s� �1�'t {ttti�r3t��?;��i �' f h�i11
�lt�ttltFt�tt£ £SJ tt �`t�l+ti
ar sr
200 4-10
Ft?t ? 13,4 J
` t
tIlfqtlands Pert
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 r): Qualifications and Contact Inf ormation for Report Prep arer,
This baseline report was prepared by Sherli Leonard, Executive Director for the Redlands
Conservancy, As sole paid staff for the Conservancy, Leonard has been the only contact to
work with biologic field experts, and thus has studied in practicum, with these experts'.
Dr. Timothy Krantz, Chair-, Environmental Studies Department, University of Redlands
Al Kelly, field biologist and instructor retired, Yucaipa Unif ied School District
Lisa Pierce, Water Resources Institute, State University of California Son Bernardino
Contact information:
Sherli Leonard, Executive birector, Redlands Conservancy
31534 Highview Drive
Redlands CA 92373
(909) 389-7810
sjeonard,@
_je+
EXHIBIT B
MANAGEMENT GUIDELINES
1�
5�e,
4
EXHIBIT 4;
MANAGEMENT GUIDELINES
The fall win- rnanagement guidelines i- r that certain property (the "Pro ect") described in the
Deed ofConservation Easement and Agreement, dated February` 17. 2009, shall be binding upon
the City of Redlands("City-), as owner of the Property, and the Redlands Conservancy
((`'Conservancy"), a the holder of a conservation easement cart the Prcrpc r ty; shall apply carry 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 0175 11770000, and all of
the land within the parcel lures of Parcel 0175011760000.
B. The City and Conservancy shall jointly be responsible for the implementation and oversight
ofthese management guidelines as set forth herein and as specified for each party.
C. The prohibited activities within the Property are as follows:
1. 'Travel of motorized vehicles, except for maintenance, educational purposes and;
emergency vehicle access.
?. Removal of plant or mineral material resources except br scientific, maintenance or
educational purposes. removal proposals must be approved by the pity and Conservancy.
3. Introduction of any plant or mineral material within the area, unless native to the Sart
Bernardino valley. Introduction of any plants or mineral materials based on accepted criteria,
shall be reviewed and approved by the City and Conservancy.
. lase of any firearms, for either hunting or target practice.
}
. 1'rappin<,) of native maraitarals and animals, except for approved scientific stud.
Proposed trapping based on accepted criteria shall be revie\-ed and approved by the City and
Conservancy'.
6. (7oraintinication towers or similar structures.
7, Grazing oflivestock or other aninrals.
. The landing of all aircraft, including model aircrl.°t except for emergency aircraft
directly related to emergency situations - Model aircraft shall be prohibited from the airspace
over the area,
. Competitive recreational events, without the required review and approval ofthe City
and Conservancy.
10,New structures, except for diose directly related to educational or maintenance
purposes. All neve permissible struc,tures shall required to be reviewed and approved by both the
City and the Conservancy=, and jimst adhere to all. City codes.
D, Trails,trail access, rest areas, viewing arenas,and trail staging areas within the Area shall be
designed area 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 l andscrtfae. Only trails. rest areas,viewing areas. and trail staging areas that
relate to the purpose of this conservation ease nient may be proposed and constructed
E'y All recreational use of"the Area shall be restricted to the de;siaraated and signed trails, viewing
arenas, and,roads.
F, Public use of biologically sensitive areas shall be restricted by appropriate signage or barriers:
as reviewed and approved by the City and Conservancy.ancy°.
s�
G. Recreation amenities including, but not limited to, picnic tables, drinls:in eater service and
s;
shade structures. based on accepted criteria, shall be required to be reviewed and approved by the
CAN and Conservttncy,
f 1. The Conservancy,shall prepare, within six mouths of the recording of this conservation
easement deed, a.scope and sequence fior the restoration work to be completed for the wetlands
area, grid shall be responsible for the implementation of the work plari;. The scope and sequence
shall be subject to approval by the City. The restoration work shall include all reasonable effort
to remove non-native plants from the wetlands area.;re-introduce native plants, and pro id for
the:ongoing protection of native: animalspecies living in the wettands area.
The Parties have executed this C inseii ation Easement Management Pharr on the dates set forth
below,
Grantor: Gr ntee::
Cite=- of Redlands Redlands Conservancy
.f z
, t
rri�6n w
r
Its
Date: March 3 Date.
n
ATTEST:
:
a
"
i'