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HomeMy WebLinkAboutDeeds & Easements-20-2010E_CCv0001.pdf Recorded In Official Records, County at San Bernardino 1210612010 LARRY WALKER 11y�: AM 1#poltarlCrsntraEl®r - Recorder RECORDING Ear Q<, FSTEE[7 BY.- R Regular Mail CITY OF RE17L NDS �k Doc : 2010--0515856 Title: 1 Pages; 45 Fees 0 00 Taxes 0.00 Other 0.00 CITA CLER SC}I"Flt t, PAID CITY 01:1t£DI,ANDS PO. BOX 3005 RE LANDS, Cts 92373 FEES NOT REQUIRED PER GOVERNMENT CODE SECTION 6103 (Space Above Lite for Recorder's Use Only) CONSERVATION EASEMENT DEED Assessor's Parcel Nos. 0175-122-11, 0175-131-24, 01'75-01 1-62, 0175-131-01, 0175-131-18, 0294-121-31. 0175-131- 14, 0175-221-08, 1'x.5-1 1- 14, 0175-221.08, 0175-122-15, 0294-091-61, 0294-091-60, 0294-091-6-") and 0175-251-1 1 THIS CONSERVATION EASEMENT DEED is made this 19th dray ol'October, 2010, y the City cif-Redlands ("Grantor") in favor of the Redlands Conservancy ("Grantee"),"), a non- prof-it corporation, with reference to the fall swing facts: REC1TrA1,S A. Grantor is the sale owner in lec simple of c ertain real property in the City of Redlands, County of San Bernardino,;State of California,designated as Assessor's Parcel Numbers 0175-122-11, 0175--131-24, 0175-011-62. 0175-131-01, 0175-131-18, 0294-121-31, 0175-131- 4, 0175-221-08, 0175-122-15, 0294-091-61, 0294-091-60, 0294-091-62 and 0175- 251.11 and more particu[arty described in Exhibit ".A"attached hereto and incorporated herein by this reference (;the; "Property")-. The Property possesses scenic, wildlife and habitat values (collectiVely, "Conservation Values") of great importance to Grantor and Grantee and the residents of the;City of Redlands; C. Grantor and Grantee:desire to maintain and enhance the Conservation 'values of the Property through the grant ofthis Conservation Easement and Grantee's restoration of wetlands habitat on the Property.- 1). roperty;1). Grantee is authorized to hold this Conservation Easement pursuant to Civil Code Section 815.3, and other provision;',ofC°ahfornia law, COVf:NAN`I' 'I-I:EMS, ('()Nl)rrl()N ANY) Rf.S` gI(-FIC)NS I ka`djnAEnement DocialleansATA Con5Crvatl Sn t-aasejnent()eaf loc 1 ()3/121439 10 44 a to For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and pursuant to California law, including Civil Code Section 815,et seq., Grantor hereby voluntarily grants and conveys to Grantee a conservation easement (the "Conservation Easement") in perpetuity over the Property. 1. Purpose. The purpose of this Conservation Easement is 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 Property. The Conservation Values of the Property and its current use and state, of improvements 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 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 the Property to preservation and enhancement of the Conservation Values, as described in the Baseline Report, 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 habitat conservation purposes of this Conservation Easement I Grantee's Rights. To accomplish the purposes of this Conservation Easement, Grantor hereby grants and conveys the following rights to Grantee or its designee. (a) To preserve, protect and enhance the Conservation Values of the Property, including, but not limited to, by planting a citrus border along San Tirnoteo Canyon Road, maintenance and preservation of historic trails, and by restoration of wetlands habitat on the Property in accordance with the Management Guidelines set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference-, (b) To enter upon the Property at reasonable times 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 unreasonably interfere with Grantor's authorized use and quiet enjoyment of the Property, (e) 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 features of the Property that may be damaged by any act, failure to act, or any use that is inconsistent with the purposes of this Conservation Easement; and (d) All mineral, air and water rights necessary to protect and to sustain the biologica,I resources of the Property. Grantor hereby agrees to abide by the Management Guidelines for so Ion- as this Conservation L� Easement remains in effect. The Management Guidelines may be amended by the mutual consent of Grantor and Grantee. 3. Prohibited Uses, Any activity on or use of the Property inconsistent with the purposes of this Conservation Easement is prohibited. lAca\djnf,Easement Documents'I-TA Consei-vat ion 1,-.,awment Deed,doc 2 03/12109 10 44 a.in 4. Grantor's Duties. Grantor shall undertake all reasonable actions to prevent the unlawful entry and trespass by persons whose activities may degrade or harm the Conservation Values of the Property. 5. 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 easements are not substantially inconsistent with the conservation properties of this Conservation Easement. 6. Grantee's Remedies. 14' Grantee determines that Grantor is in violation of the terms of this Conservation Easement, or that a violation is threatened, Grantee shall 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 and demand from Grantee, or if the cure reasonably requires more than fifteen (15) business days to complete and Grantor fails to begin the Cure within the fifteen (15) business-day period or fails to continue diligently to complete the cure, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce compliance by Grantor with the terms of this Conservation Easement, to recover any damages to which Grantee may be entitled for violation by Grantor of the terms of this Conservation Easement or for any injury to the Conservation 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 of 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 Linder this Section 6 without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this section apply equally to actual or threatened violations of the terms of this Conservation Easement, Grantor agrees that Grantee's remedies at law for any violation of' the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to Such other relief to which Grantee rilay be entitled, including specific perforniance of the terms of this Conservation Easement. without the necessity of proving either actual damages, or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section -shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including, but not limited to, the remedies set forth in Civil Code Section 815, et seq., inclusive. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from taking such action at a later time, JAca\djmTasement Documents,,HPA Conservaiion Easement Deed,doc 03112109 10:44 a,m 3 6.1 Costs of Enforcement. Any costs incurred by Grantee, where Grantee is the prevailing party, in enforcing the terms of this Conservation Easement against Grantor, including, but not limited to, costs of suit and attorneys* and experts' fees, and any costs of restoration necessitated by GrantoCs negligence or breach of this Conservation Easement shall be borne by Grantor. 6.2. Grantee's Discretion. Enforcement of the terms of this Conservation Easement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights Linder this Conservation Easement, in the event of any breach of any terra of this Conservation Easement by Grantor, shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of ariv of Grantee's rights under this Conservation Easement. No delay or omission by Grantee in the exercise ofany right or remedy upon any breach by Grantor shall impair such right or remedy or be Construed as a waiver. 6.3. Acts,Bey ond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from (i) any natural cause beyond Grantor's control, including, without limitation, fire 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 fi-orn such causes; or (ii) acts by Grantee or its employees. 7. 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 of the Property. Grantee shall have the duty and responsibility for the operation and maintenance of the Property, the monitoring of hazardous conditions thereon, and the protection of Grantor, the public and any third parties frorn risks relating to conditions on the Property, and shall bear all costs and liabilities associated therewith. Grantor remains solely responsible 'for obtaining any applicable governmental permits and approvals for any activity or use permitted by this Conservation Easement, and any activity or use shall be undertaken in accordance with all applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations, orders and requirements. 71. Taxes. No Liens. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes"), including any taxes imposed upon, or incurred as a result Of, this Conservation Easement, and shall furnish Grantee with satisfactory evidence of payment upon request. Grantor shall keep Grantee's interest in the Property free from any liens, including those arising out of any obligation incurred by Grantor or any labor or materials furnished or alleged to have been furnished to or for Grantor at or,for use on the Property. 7.2. Hold Harmless. Grantor shall hold harmless, protect and indemnify Grantee and its directors, officers, employees, agents, contractors and representatives and the heirs, personal representatives., successors and assigns of each of them (each an "Indemnified Party" and collectively, "Indemnified Parties") from any against any all liabilities, penalties, I kaWJTMEasement Docunnents',FPA Conservation Face eat Deed,doc 4 ON11`09 10:44 a.m costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and experts* fees), causes of action, claims, demands, orders, liens orjudgments (each a"Clairn"and, collectively, "Claims"), arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any negligent act or omission 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. 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 Section 1240.680, notwithstanding Code of Civil Procedure Sections 1240.690 and 1240,700. 8. Assignment. This Conservation Easement is transferable by Grantee, but Grantee may assign its rights and obligations under this Conservation Easement only to an entity or organization authorized to acquire and hold conservation casements pursuant to Civil Code Section 815.3. Grantee shall require the assignee to recordthe assignment in the County of San Bernardino. 9. Subscouent Transfers, Grantor agrees to incorporate the ten-ns of this Conservation Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or any portion 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 at least thirty (30) days 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, terms, 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 of this Conservation Easement or limit its enforceability in any way. 10. Notices. Any notice, demand, request, consent, approval, 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 courier that guarantees next-day delivery or by first class mail, postage fully prepaid., addressed as follows: To Grantor: City Clerk City of Redlands PO Box 3005 Redlands, CA 92373 To Grantee: Executive Director The Redlands Conservancy P.O. Box 855 Redlands, CA 92373 or to such other address as either party shall designate by written notice to the other. Notice shall be deemed effective upon delivery in the case,of personal delivery or delivery by overnight hcaldjni�Easement Documents,.FTA Conservition Easetnem DeW,doc 03/12109 1 OA4 a ni 5 courier or, in the case of delivery by first class mail, five(5)days after deposit into the United States mai I. 11. Amendment. This Conservation Easement may be amended by Grantor and Grantee only by mutual agreement. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of an Bernardino County. State of California. 11 General Provisions. (a) Controlling, Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of California. (b) Liberal Construction, Any general rule of construction to the contrary notwithstanding, this Conservation Easement shall be liberally construed to effect the purposes of this Conservation Easement and the policy and purpose of Civil Code Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purposes of this Conservation Easement that would render the provision valid shall be tiavored over any interpretation that would tender it invalid. (c) Severabilit ,', If a court of competernjurisdiction voids or invalidates on its face any provision of this Conservation Easement, such action shall not affect the remainder of this Conservation Easement. If a court of competent_jurisdiction voids or invalidates the application of any provision of this Conservation Easement to a person or circumstance, such action shall not affect the application of the provision to other persons or circumstances. (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Easement and supersedes all prior discussions, negotiations, 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 I I hereof. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (t) Successors, The covenants, terms, conditions, and restrictions of this Conservation Easement shill 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. (g) Termination ofRiehts and Obligations. A party's rights and obligations under this Conservation Easement terminate upon transfer of the party's interest in the Conservation Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. 1Aca\djm1,Fasement 1)(Yeuments"IT1.Conservatton Eas-ernent Deed doe am 03/12/09 10A4� 6 (h) "a�rtions, The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon its construction or interpretation. (i) leo Hazardous Materials Lia ilit�,: Grantor represents and warrants that i has no knowledge of any.release or threatened release of Hazardous Materials (defined below) in, on, under, about or affecting the Property. without limiting the obligations of Grantor-under Section 7.2, Grantor agrees to indemnify,, protect and hold harmless the Indemnified Parties (defined in Section 7.2) against any and all Claims (defined in Section 7.2) arising,;from or connected with any Hazardous Materials present; alleged to be present, or otherwise associated with the Property at any time; except any Hazardous Materials placed;disposes or released by Grantee, its employees or agents. lfany action or-proceeding is brought against ally of tile Indemnified 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 acceptable to the Indemnified Darty{ or reimburse Grantee for all charges incurred for services of the Attorney General in defending the action or proceeding, Despite any contrary:provision of this Conservation Easement,the parties do not intend this Conservation Easement to be, and this Conservation Easement shall not be; construed such Haat it creates in or gives to Grantee any of the following: (1) The obi igations or Iiabilit€es of an"owner"or"operator,"as those terms are defined and used in'Environmental Daws(defined below), including. without; limitation, the Comprehensive Environmental Response,Compensation and Liability Act of 1980,as amended (42 U.S.C. Section 9601 et seq., hereinafter"CERCLA") or (2) The obligations or liabilities of person described in_ 2 U.S.C. Section 607(a)(3)or(4); or (3) The obligations of as responsible person under any applicable Environmental Laws; or (4)- The right to investigate and remediate any I✓latzardous Material associated with the Property; or (5) Any control over Grantor's ability to investigate, remove, remediate or otherwise clean tap any:Hazardous Materials associated with the Property. The terata "Hazardous Materials" includes, without limitation, (aa)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 Cr " Cl.,A, the Hazardous Materiaals`Iran portaation ,pct( 9 U.S.C, Section 6901 cit seq.); the Hazardous Waste Control Law (California Health and Safety Crede Section 25100 et se .);and the Hazardous Substance Account pct(California Flealth and Safety Code Section 253009 et seq.) and in the regulations adopted and publications promulgated pursuant to 03112/09 10,44 a,ttt them, or any other applicable tederal, state, or local laws, ordinances, rules, regulation or orders now in effect or enacted after the date of this Conservation Easement. The term "Environmental Laws" includes, without limitation, any federal, state, local,or administrative agency statute, ordinance, rule, regulation, order or requirement relating to pollution, protection of human health or safety,the environment or Hazardous Materials, Grantor represents, warrants and covenants to Grantee that Grantor's activities upon and use of the Property will comply with all Environmental Laws, (1) MLIarranty. 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 conservation casement, (k) Additional Easements, Grantor reserves the right to grant to any federal, state or local agency any easements, rights of way, or other interests in the Property(other than a security interest that is subordinate to this Conservation Easement), or grant or otherwise abandon or relinquish any water agreement relating to the Property, provided such proposed easement, right of way, interest or transfer is not substantially inconsistent with the purpose,or substantially impairs or interferes with, the Conservation Values of the Property. F he , u rt r Grantor shall not be prohibited from transferring a fee or leasehold interest in the Property that is subject to this Conservation Easement. (1) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced,the recorded counterpart shall be controlling. IN WITHESS WHEREOF Grantor has executed this Conservation Easement Deed the day and year first above written, GRANTOR Z" Bv: Mayor, City ofRedlands ATTEST: By:_ City Clerk PwakdjmI'Asement Documents"ITA ConwrivaTion Laselrenl Deed'doe 03112109'10,44 aim EXHIBIT A Redlands Conservancy Ptd Box 855, Redlands CA 92373; (909) 792-18110; www.rediandsconsentaqgy.org BASELINE REPORT For CONSERVATION E EME , Portions of SAN TIMOTEO CANYONand CREEK Conservation Easement on parcels, APN 6176-122-11, 0175-131-24, 0175-011-62, 0175-131.01, 0175- 131-18, 6294-121-81, 6176-181-14, 0176-221- 8, 0176-122-16, 6294-091-61, 6294-091-6 , 6294-691-62 and 0175-261-11, located east of San Timoteo Canyon Road, north of San Timotoo Creek, and vest of Alessandro Road in Redlands, California, awned by the City of Redlands, for the purpose of surveying and maintaining, the parcels' conservation values in perpetuity. Date prepared; October, 2010 Prepared by: Sherli Leonard, Executive Director, Redlands Conservancy 'age I EXHIBIT A 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: Site Survey Appendix C: References Appendix D: Qualifications and Contact Information for Report Preparer I' c: 2 EXHIBIT AA Page 3: Owner Acknowledgement Statement The No. 4 Easement is located on thirteen (13) parcels belonging to the City of Redlands: APN 0175-122-11, 0175- 131-24, 175-131-2 , 0175-011-62,0175-131-01, 0175-131-18, 0294-121-31, 0175-131-14, 0175-221-03, 0175-122-15, 0294-091-61, 0294-091.00, 0294-091-62, and 0175-251-11, located east of Can Timoteo Canyon Road, north of San Timoteo Creel, and gest of Alessandro Road in Redlands. California, owned by the City of Redlands, the easement covers the entire land of all parcels. The easement includes a one-half mile long historic trail, known as the Carnage Trail (Exhibit C)„ and portions of the Can Timoteo Creep. Owner signatures: 7 123 /10 For the CiAofedlands Date Attest Date Pag , 3 EXHIBIT A 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 R-A zone, Residential Estate District, minimum lot size 20,000 sq. ft. Directions: The easement land lies in the southwest quadrant of the City of Redlands, adjoining at the west end San Timotec,Canyon Road, spreading south and east along the San Bernardino County Flood Control right of way on the north side of San Timoteo Creek. Conservation Values: The primary conservation value of Conservation Easement#4 is the natural habitat of California coastal sage scrub, the riparian habitat of the San Timoteo Creek, and the historic Carriage Trail (Exhibit C). Supporting Government Policies: The City of Redlands' General Plan establishes guiding and implementing principles which recommend the protection of riparian habitat and open spaces. (Section TO, 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 natural habitat of the wetlands, San Timoteo Creek, and the historic Carriage Trail (Exhibit C), and to promote the public enjoyment of the land, the trail, 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 Easement#4 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 the easement land. Page 4 EXHIBIT A Page 5: Introduction The land included in the conservation easement deed was either donated to the City of Redlands as conditions of approval for development in or near the area, or purchased by the City of Redlands through the EPA grant awarded to the City of Loma Linda as mitigation for the USACE flood control project in San Timoteo Creek. The City has allowed the properties to remain undeveloped.. In 1998, the USAGE subjected the property to construction of a flood control project to minimize downstream flood liability from the San Timoteo Creek, In the process,ACE significantly altered the structure of portions of the San Timoteo Creek, resulting in severe damage to the native flora and fauna and to the wildlife corridors, . The purpose of this Baseline Report is to establish the existing condition of the land and immediate environment involved in the Conservation Easement#4 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 and as an historical site. Information for this Baseline Report was acquired through a biological survey conducted by the Santa Ana Watershed Association, a field survey by Sherli Leonard, Roger Bell, and Al Kelley, 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 5 EXHIBIT A 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 San Bernardino Mountains near present-day Cherry Valley, and from Yucaipa Creek which enters the creek from Live Oak Canyon, The land was most likely used to graze cattle and sheep, and was used for dry-land crop farming. 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 grapes 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. In the late 1880s, Redlanders Albert and Alfred Smiley established Cahon Crest Park on the ridge on the north side of the easement land. The park,covering 200 acres, became a world-wide attraction as an extraordinary botanical garden, To enhance the visitors'experiences, the Smiley brothers purchased more land on the south ridge of San Timoteo Canyon, planted extensive eucalyptus groves, and developed a carriage road to take guests on full-day excursions into the canyon. The road traced from the park near current-day Smiley Heights Drive down the hills above the easement land and followed along the toes of the hills east to Alessandro Road, then crossed the creek and headed up to the eucalyptus groves, Today., the old Carriage Road still exists in very good condition, and is used casually by hikers, mountain bikers, and equestrians. Since the City of Redlands acquired the land, the land has remained undeveloped. Page 6 EXHIBIT A Page 7: Structures and Improvements No permanent structures of any kind exist on the easement land, A temporary fence exists on the east end at Alessandro Road, approximately 300 feet long, A temporary residence exists approximately 600 feet east of Alessandro Road, A temporary equine facility exists approximately 600 feet east of Alessandro Road, A preliminary title report lists the following encumbrances on said properties; 1. Water rights, claims or title to water, whether or not shown by the public records. 2. An Easement in favor of the public over any existing roads lying within said land. 3. An easement for the purpose sown below and rights incidental thereto as set forth in a document a. Granted to: Bear Valley Land and Water Company b, Purpose: Water ditch c. Recorded: February 28, 285 in Book 404 Page 249 of Deeds d, The exact location and/or extent of said easement is not disclosed in the public records 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document a. Granted to: E.G. Judson and F.E. Brown b, Purpose: pipe line c. Recorded: June 24, 1887 in Book 59, Page 435 of Deeds cl. And recorded: September 1, 287 in Book 62, Page 573 of Deeds e. The exact location and/or extent of said easement is not disclosed in the public records, 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. a. Granted to: The Redlands Lugonia and Crafton Domestic Water Company b, Purpose: pipe lines c, Recorded: September 1, 1887 n Book J, Page 504 of Agreements 6 The exact location and/or extent of said easement is not disclosed in the public records, 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. a. Granted to, Redlands Water Company b. Purpose: pipe lines c. Recorded: May 2, 1888 in Book 29, Page 65 of Deeds, d. The exact location ariftr extent of said easement is not disclosed in the public records. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document, a. Granted to: John C. Torhune and C.O. Smith b. Purpose: road c, Recorded: March 23, 189 in Book 94, Page 212 of Deeds d, Affects: said land more particularly described therein, 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. a, Granted to; Alfred H. Smiley and Albert K. Smiley Page 7 EXHIBIT b. Purpose, road c, recorded: May 15, 2690 in Book 114, Pages 89 and 91 of heeds d. Affects: said land more particularly described therein. , An easement for the purpose shown below and rights incidental thereto as set forth in a document: a. Granted to,, Sear Valley and Alessandro Development Company b, Purpose; public highway c. Recorded:April 15, 1891 in Book 128, Page 355 of Deeds d, Affects:said land more particularly described therein. 10, An easement for the purpose shown below and rights incidental thereto as set forth in a document, a. Granted to: Southern Pacific Railroad Company b. Purpose: railroad c, Recorded: February 15, 1892 in Book 51, Page 197 of Deeds d. Affects;said land more particularly described therein, 11. An easement for the purpose shown below and rights incidental thereto as set forth in a document. a. Granted to: Albert K. Smiley and Alfred H. Smiley b. Purpose: streams c. recorded: May 20, 1699 in Book 268, Page 155 df Creeds dw The exact location and/or extent of said easement is not disclosed in the public records; 1 . An easement for the purpose shown below and rights incidental thereto as set,forth in a document, a. Granted to: Henry Fisher and Marion J. Fisher b. Purpose: pipe lines and driveways c. Recorded:March 9, 1919 in Book 451, Page 199 of feeds d, The exact location and/or extent of said easement is not disclosed in the public records 13, An easement for the purpose shown below and rights incidental thereto as set forth in a document; a. Granted to: The Pacific Telephone and Telegraph Company b. Purpose: pole lines and conduits c. Recorded: March 21, 1910 in Book F, Page 23 teases d. Affects: said land more particularly described therein. 14. recital contained in the Deeds from Dennis Mulvihill and Margaret Mulvihill, husband and wife, recorded June 8, 1911 in Book 489, Page 198 of Creeds and October 25, 2912 in Book 514, Page 225 of Creeds as follows: "Saving and excepting from the above described property the right to make, lay and maintain a gravity pipe Brie„for conveying water, along or near the Southerly portion of said land district; said pipe line to be buried at a sufficient depth beneath the surface of the ground so as to not interfere with the ordinary cultivation of said land," 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document, ax Granted to: City of Redlands b, Purpose: road c. Recorded: March 11 1924 in Book 522, Page 359 of Deeds d, Affects: said land more particularly described therein. Page EXHIBIT A 16, An easement for the purpose shown below and rights incidental thereto as set forth in a document. a, Granted to, Ruth S. Sanborn, a window b. Purpose: right of way tough the park and over Crest Road c, Recorded; January 14, 1930 in Book 574, Pages 374 and 375 of Official Records d. The exact location and/or extent of said easement is not disclosed in the public records, 1T A perpetual easement and right of way for flood control and water conservation purposes, including the right to construct, reconstruct, inspect, maintain and repair a channel or channels, protections works and appurtenant structures for the purpose of confining and conserving the water of San Timoteo Creek and its tributaries in, over and across herein described property, an granted in the instrument to San Bernardino County Flood Control District, a body politic and corporate, recorded May 11, 1955 in Book 3641, Page 548 of Official Records, 18. An easement for the purpose shown below and rights incidental thereto as set forth in a document. a, Granted to: Thomas Sanborn and Hazel E. Sanborn b. Purpose: road and utilities c. Recorded:April 30, 1959 in Book 4804, Page 200 of Official Records d. Affects: said land more particularly described therein. 19. A temporary easement as acquired by San Bernardino County Flood Control District by that certain Notice of Pendency of Eminent Domain Action (Lis Pendens), recorded June 12, 2001 as Instrument No. 2001- 0226416 of Official Records, K Any boundary discrepancies, rights or claims which may exits or arise as disclosed by a Record of Survey a. Recorded: in Book 22, Pages 67 thru 70 inclusive Record of Surveys 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document. a. Granted to: Louis P. Cardinal as Trustee of the Survivor's Trust created under the Cardinal Family Trust of 1990 b, Purposea access c, Recorded: May 11, 2006 as Instrument No. 2006-0324330 of Official Records d. Affects: said land more particularly described therein Page 9 EXHIBIT A Page 8: Conservation Values . The primary conservation value of this conservation easement is the natural habitat for riparian flora and fauna of Can Timoteo, Creek and the historic Carriage Trail (Exhibit C). The historic Carriage Trail (Exhibit C)follows the contour of the hills on the north side of the properties, beginning approximately 2,000 feet east of Can Timoteo Canyon Road and goes southeast approximately one and a half miles. The trail is currently a footpath, located on a graded bed approximately 12 feet wide. The survey of the Carriage Trail (Exhibit C)on the easement land was conducted by Sherli Leonard, executive director of the Redlands Conservancy, Roger Bell, principal of Bellfree Company, and Al Kelley, biologist and retired professor of biology at California State College at San Bernardino, during three two-hour field visits to the site, The San Timoteo Creek covers the southern length of the easement land, Water for the creek comes from seasonal rains and from on-going releases from the Yucaipa Valley Water Treatment facility, The creek bed is ranges from 20 feet to 50 feet wide for water flow, The creek area is forested with naturally-occurring cottonwood and willow trees, and other flora typical of riparian habitats, The survey of the San Timoteo Creek was conducted by Roger Bell, Al Kelley, and Sherli Leonard during several field visits to the site. Page 10 EXHIBIT Page 9; Physical Description The easement land is located in the south canyon area of the City of Redlands in the County of San Bernardino, approximately 60 riles dice east of Los Angeles, in a region known as the Inland Empire, The land approximates 100 feet elevation, The climate features Mediterranean influences, becoming progressively xeropluptic eastward. The climate is characterized by printer 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 printer to 195 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 l 1 EXHIBIT A Page 90°. Geology and Landform The land around the Conservation Easement is characterized by high ridges on northeast and southwest sides of a bred and flat canyon which dens into an alluvial fan plain immediately nest of the easement land. The soils around are characterized by Hanford Coarse SandyLoam 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 3 mile north of the San Jacinto Fault, Page 12 EXHIBIT A 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 a portion of San Timoteo Creek I located on the easterly portion. Page 13 EXHIBIT A Page 12: Vegetation The vegetation of the area around the Conservation Easement is dominated by Mediterranean types of modrotertiery origin., and much of the vegetation has been modified. The south-facing slopes are dominated by grasslands, especially Avena barbata, 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 creek 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.) Several non-native eucalyptus groves, in severely deteriorated condition, are located along the Carriage Road. Page 14 EXHIBIT A 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 Creek, all of which were typical of species commonly found wintering in this region. See Appendix B, site assessment. Sightings of deer, bobcat, coyote,foxes and wild pigs are frequent, and an occasional sighting of a cougar(puma, mountain lion) has been reported. Other avian wildlife sighted as regular inhabitants include cooper's hawk and red-tailed hawk. Page 15 EXHIBIT A Page 14, Historic Values This land includes the historic Carriage Trail (Exhibit C)constructed in the We 1880s by the Smiley brothers, Redlands' major benefactors, The trail was used to carry guests from the Smiley brothers' world famous botanical garden, Caron Crest Park on the north side of San Timoteo Canyon to the south ridge of the San Timoteo Canyon where the brothers had purchased land for picnicking and partying. Later, the road was used by property owners in San Timoteo Canyon to access their dry-land farms, Along the road is evidence of farming activities, including man-made earthen dams to catch run-off water for use on the farms, Page 16 EXHIBIT A Appendix R;Photographs and Photo Points Map (Map attached) 1. Photo at northwest corner of the project houndry, looking southeast: p . North edge, looking, southwest Skif its r t t Page 17 EXHIBIT 3. North c , li southwest; i x, 4 Northeast end, looking west l�. 1 t��t t�� h 5 , 4 �1 t u'e t dh s � , � x � � q} �l t s �$ �� 2 f u �" '�� $"� t t3, `t ;3 f �� ,� a ��� � „ �. Page 18 EXHIBIT A 5. f=ast ond, lot th at t t 2 )1 s� t gik�z$fiir t sa j A rS' t l f F d VAIII „`fit a a(ai e M1 5. Southeast end, looking west and north.' Page 19 EXHIBIT A '.a• > ,'�' 5`�' >��t .,�. ;.����,'4,�``l�i�j;S���yf��tj#�t�fi(�tt��it�iS�}t��£tF:��£tit!�,�t�f�}rs£}�r��tt�.::z4sr,{£,;,i.�c � �`, 7. South edge, looking north: Pagc 20 EXHIBIT A t e a a a a }f p 8. South ed e, leukin west ttIP7�t't}at� yy �}�r}§�cS t �;. y��;•ts�`§' a cS/ �r}�fs�t t, a.,,rt b,�, /c t v a a a '� Yt�. rt�r r 1 {s ift fic �`a i i t�s t l a t rc t I -r aPt i� t i t r iti a.t tt i�Ria ?art ii yEt to u?§�tY v' <<to � �•� �' rr t rr � tr�sv� � ur to tw 'age 21 EXHIBIT A . W'� t ed e, laokin east: tt � , r s} fir. ttt �.�s{�4'sstt{ttss{t�t Jt iY 14�'�r�z ttl�t Ott t4 t7 s r a ; t� s � s rm, � tYt"h F ' lyl ;moi i?.`7' rt' � �S� t s t t > r 10. South of project-boundry, looking east, shoring possible encroachment of County Toad Control road on easement property. Page;22 EXHIBIT A t�r �k1 t til,tktx"t4 ,�sl ,Y"5° r n" t4s ytRtr}}4f(ts4s��rt�i�r t{t'4 t� 1 ,t--, 4f t i s:.P tr.a 4 tp�' fid} tkt kt� =tray t t t t n t t ts4�t4t �tiks�4s�t t 3 ttv t 7� t 4 e t r K7y�4is as Page 23 EXHIBIT A 11. Historic CarrCae Trail Exhibit s it wins aCar� the edge of the hills view Dakin wast. t t hr's f j�q Y i £r tr, 4 t rt) r st k � rr rt r t 12. Portion of Carriage Trail(Exhibit C) —view looking south toward San Timotea Creek. m � r + 4 `u# s, t { t�.✓ Page 24 EXHIBIT 13. Portion of deteriorated eucalyptus grove, along Carriage Trail (Exhibit C) -view looking south toward San Timotee Creek. e F 14 s gym ,. i a t t rtty � 33 s 14. View from Carriage Trail (Exhibit C), near the top of the Smiley Ridge-view looking south toward Sari Timoteo Creek. Page 25 EXHIBIT i 1 tit„✓� � sY n ',t° ����` t t tit 1ti��� tt��� � y k �}�}s 7t����1� a y _ 1 . Portion of easement land as seen from the Carriage Tram (Exhibit ) —view looking east and south toward Alessandro Road. F 16, Evidence of remains of Carriage Trail (Exhibit ) as it winds to the top of Smiley Fridge view looking north. Page 26 EXHIBIT A q Via, �,5, �� } {,, � .s ,�,r� }t{n<r}� #�4���t,�{t�z�,{kc;r .��;.�ss�?•.�,sr51r,�; S � 1��}�r;t r7 { a r z, i �t14 s 17. Portion of Carriage Trail(Exhibit C)in use b mountain biker—view looking south and west. r� '�l,N t i3 t C �£7sS�1hSk z y 1gsi4 t f rpt d Page 27 EXHIBIT 1 8. Portion of Carriage Trail (Exhibit C) used by hikers view looking north toward Smiley Ridge. { J E .. k o n 0 P� 4 R pr u t 19, Eucalyptus grave along south side of easement property, adjacent to San Timoteo geek—view looping south. Page 28 EXHIBIT A } s. t 5 7? } Fagg 29 EXHIBIT A Appendix B: Site Assessment prepared by Santa Ana Watershed Association Page 30 EXHIBIT A 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. Page 31 EXHIBIT A Appendix D: Qualifications and Contact Information for Report Preparers This baseline report was prepared by Shedi 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 practicurn with these experts: Dr, Timothy Krantz, Chair, Environmental Studies Department, University of Redlands Al Kelley,field biologist, instructor retired, Yucaipa Unified School District, and professor retired, California State University at Can Bernardino Historical information obtained from the Heritage Room,AK Smiley Public Library, Redlands, Contact information: Sherli Leonard, Executive Director, Redlands Conservancy 31534 Highview Drive Redlands CA 92373 (909) 389-7810 sleonard@k-away,.net Page 32 Page I of EXHIBIT "By' MANAGEMENT GUIDELINES The following management guidelines for that certain property described in the steed of Conservation Easement and Agreement,dated October 10, 2010 and recorded in the records of the County of Can Bernardino, shall be binding upon the City of Redlands("City"), as owner of said property,and the Redlands Conservancy("Conservancy"), as the holder of a conservation easement on said property, shall reference only the Management Area ("Area"), and aro established as a standard set of practices for the long tear management and environmental preservation of said property: A. The Area includes all of the land within the parcel lines of Parcel APP 017.5-122-11, 0175-131-24,0175- 011-62, 0175-131-01, 0175-131-18, 0294-121-31, 0175-131-14, 0175-221-03, 0175-122-15, 0294-091-51, 0294-091-66, 0294-091-62, and 0175-251-11, located east of San Timoteo Canyon Road, north of San Timoteo Creel, and west of Alessandro Road in Redlands, California, 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 party: C. Prohibited activities: C,I. Travel of motorized vehicles within the management area shall be prohibited, except for maintenance, educational purposes and emergency vehicle access. CF2. Removal of plant or mineral material resources shall be strictly prohibited except for scientific, maintenance or educational purposes. Removal proposals must be approved by the City and Conservancy; C.3. Introduction of any plant or mineral material within the Area, unless naive to the San Bernardino valley,shall be prohibited, Introduction of any plant(s)or mineral material(s) based on accepted; criteria, shall be reviewed and approved by the City and Conservancy, CA. Use of any firearms,for either hunting or target practice; shall be strictly prohibited. Page 2 of 3 C.5. Trapping of native mammals and animals, except for approved scientific study, shall be strictly prohibited. Proposed trapping based on accepted criteria shall be reviewed and approved by the City and Conservancy, C.6. Communication towers or similar structures shall be strictly prohibited, C.7. Grazing of livestock or other animals, within the Area, shall be strictly prohibited, C.B.All aircraft, including model aircraft, shall be prohibited in the airspace over and from landing on the Area except for emergency aircraft directly related to emergency situations, C.9. Competitive recreational events, without the required review and approval of the City and Conservancy, shall be prohibited. D. New or proposed structures with a footprint larger than 200 square feet shall be prohibited within the Area,except for those directly related to educational or maintenance purposes. All new or proposed structures are required to be reviewed and approved by both the City and the Conservancy, and must adhere to all City codes. E. Natural surface traits, (except as required for ADA access), 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, viewing areas, and trail staging areas that relate to the purpose of this conservation easement may be proposed and constructed, and will be designed to minimize impact to the conservation values of the land, F.All recreational use of the Area shall be restricted to the designated and signed trails, viewing areas, and existing access roads, G. Public use of biologically sensitive areas shall be restricted by appropriate signage or barders, as reviewed and approved by the City and Conservancy. H. 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 Conservancy. 1, The Conservancy shall prepare, within six months of the recording of this conservation easement deed, a scope and sequence for the restoration work to be completed for the wetlands area and the dparian areas, and shall be responsible for the implementation of the work plan. The scope and sequence shall be subject Page 3 of 3 to approval by the City. The restoration work shall include all reasonable efforts to remove non-native plants from the wetlands and riparian areas, re-introduce native plants, and provide for the ongoing protection of native animal species living in the wetlands and riparian areas. The Parties have executed this Conservation Easement Management Plan on the date(s)set forth below. Grantor: Grantee: City of Redlands Redlands Co an w. By: By: Its: Mayor Its i t Date: _ _ Date: /9 Oc:l -2d16 ATTEST: *} Y 4 °t Exhibit ar i h p � Legend t rr'y�'�re�+�y9S§�'it or, ,Y t + I r } Y}5 t y „ �k } 3 n 3i }v ` {� v I w u i t �r n I}3> f � t ,'� f.' �. ,•, awry �3- s��j�i Y r, tiY 1 r ?r � the appropriation of $63,574.66 from the Open Slpace Fund f use as the required cash match for the San Ti of Creek Habitat Fmhancement project. Conservation Eas_tment - As a public comment on this item, Bob Roberts requested insertion of language into an easement agreement between the City of Redlands and the Redlands Conservancy to reserve the City of Redlands' right to install infrastructure on the property if needed to support adjacent properties. Bill Cunningham identified a blanket easement across the property in question held by the West Redlands Water Company and an established right held by the Cunningham family to maintain a wetland on the property. He asked that language be added to the easement agreement to protect these rights. On motion of Mayor Pro Tem Bean, seconded by Councibitember Gallagher, and with the stipulation that Mr. Roberts' and Mr. Cunningham's concerns be accommodated, the City Council unanimously approved a Conservation Easement for permanent open space conservation and co :,nveymig maintenance and care responsibility I for property associated with the San Timoteo Creek Habitat Enhancement Project to the Redlands Conservancy. Shop 14qgal `l'rcr - on motion of Mayor Pro Tern Bean, seconded by Councilmemder Gallagher, the City Council unanimously approved directing staff to Participate in and with the Redlands Independent Business Owners and the Redlands Chamber of Commerce to develop and implement The 3/50 Project The project shows consumers how their spending impacts the local economy, explaining that $68.00retums to the local economy for every$100.00 spent at local businesses while only $43.00 comes back to the local economy when$100.00 is spent at a big box or large chain store. Of the money spent on internet purchases, zero comes back. street r pin contract On motion of Mayor Pro Tem Bean, seconded by Councilmember Gallagher, the City Council unanimously approved an agreement between the City of Redlands and Cannon Pacific Services, Inc. city- wide street sweeping services. On motion of Mayor Pro Tern Bean, seconded by Cao uncilmember Gallagher, the City Council unanimously agreed to return a lease-purchase agreement for seven new cardiac monitors and defibrillators to the Fim- Department Paramedics submission to the competitive bidding process. EU:BLIC HEARINGS, Ordinance No. 2'" - R-3 I Gilbreath opened the public a rind andgalled,for 1 resort: adera, of the Development Ices Dep Ment_cov'erin ions leading to Ordinance 0. mo S''ryt N 7 9 2 3 d ifYIng the density allowed in the R-3 (Multiple-Family October 19,2010 Page 5