HomeMy WebLinkAboutDeeds & Easements_20-2010E Recorded in Official Records, Cnttnry of San Bernardino 12/06120.10
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RECORDING REQUESTED BY: R Regular MailCITYO REDLANDS
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Doc#: 2010 0515856 Titles: 1 Pages: 45
Fees 0,.00
Taxes 0.00
WHEN RECORDED RETURN TO: other 0.00
CITY CLERK'S OFFICE PAID $0.00
CITY GP REDLANDS
P.O. BOX 3005
REDLANDS, CA 92373
FEES N,OT REQUIRED
PER GOVERNMENT CODE
SECTION 61.013
(Space Above Line for Recorder's Use Only)
CONSERVATION EASEMENT DEED
Ass'essor's Parcel Nos,
0175-122-11, 0175-131-24, 0175-011-62, 0175-131-01, 0175-131-18, 0294-121-31, 0175-131-
14, 4175-221-08, 0175-12.2-15, 0294-091-61, 0294-091-60, 0294-091-62 and 0 175-25 1-1 l
THIS CONSERVATION EASEMENT DEET:} is made this 19th clay of October, 2010,
by the City of Redlands ("Grantor") in favor°ofthe Redlands Conservancy ("Grantee"), a non-
profit corporation, with reference to the following facts:
RECITALS
A. Grantor is the sole owner in fee simple ofcertain real property in the City of
Redlands, County of San Bernardino, State ofCalifornia, designated as Assessor's Parcel
Numbers 4175-122-1 1, 4175-1.31-24, 0175-011-62, 4175-131-0.1, 4175-131-18, 4294-121-31,
4175-131-14, 0175-221-08, 4175-122.-15, 4294-091-61, 4294-091-60, 0294-091-62 and 0175-
251-11 and more particularly described in Exhibit"A" attached hereto and incorporated herein
by this reference (the "Property");
B. 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 of this Conservation basement and Grantee's restoration of
wetlands habitat on the Property;
D, Grantee is authorized to hold this Conservation Easement pursuant to Civil Code
Section 815.3, and other provisions of California law,
COVENANTS TERMS, CC)N1�lTIC)iN AND RESTRIC'IyIt�NS
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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 sect., Grantor
hereby voluntarily grants and conveys to Grantee a conservation easement (the "Conservation
Easement") in perpetuity over the Property.
I. 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
2. 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 Timoteo 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;
(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
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
biological resources of the Property.
Grantor hereby agrees to abide by the Management Guidelines for so long as this Conservation
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.
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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. If 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 under 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 may be
entitled, including specific performance 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.
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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 Grantor's 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 under this Conservation Easement, in the event of any breach of any term 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 any of Grantee's rights under this Conservation Easement. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor
shall impair such right or remedy or be construed as a waiver.
6.3. Acts Beyond 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 from 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 from 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.
7.1. 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,
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costs, losses, damages, expenses (including, without limitation, reasonable attorneys' fees and
experts' fees), causes of action, claims, demands, orders, liens or judgments (each a"Claim" 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 easements pursuant to Civil Code
Section 815.3. Grantee shall require the assignee to record the assignment in the County of San
Bernardino.
9. Subse cent Transfers. Grantor agrees to incorporate the terms 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
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courier or, in the case of delivery by first class mail, five (5) days after deposit into the United
States mail.
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 San Bernardino County, State of California.
12. 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 sect. 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 favored
over any interpretation that would render it invalid.
(c) Severability. If a court of competent jurisdiction 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 11 hereof.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor'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.
(g) Termination of Rights 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,
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(h) Captions. 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) No Hazardous Materials Liability. Grantor represents and warrants that is
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. If any action or proceeding is brought against any of the
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 Party 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 that it creates in or gives to Grantee any of the following:
(1) The obligations or liabilities of an "owner"or"operator,"as those
terms are defined and used in Environmental Laws (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 a person described in 42 U.S.C.
Section 9607(a)(3) or(4); or
(3) The obligations of a responsible person under any applicable
Environmental Laws; or
(4) The right to investigate and remediate any Hazardous Materials
associated with the Property; or
(5) Any control over Grantor's ability to investigate, remove,
remediate or otherwise clean up any Hazardous Materials associated with the Property.
The term "Hazardous Materials" includes, without limitation, (a) 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 CERCLA, the Hazardous Materials Transportation Act (49 U.S.C. Section
6901 et seq.); the Hazardous Waste Control Law(California Health and Safety Code Section
25100 et seq.); and the Hazardous Substance Account Act (California Health and Safety Code
Section 25300 et seq.); and in the regulations adopted and publications promulgated pursuant to
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them, or any other applicable federal, 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 USC Of
the Property will comply with all Environmental Laws.
0) Warranty. Grantor represents and warrants that there are 110 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 easement.
(lo Additional Easements. Grantor reserves the right to grant to any federal,
state or local agency any casements, 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, 01"
substantially impairs or interferes with, the Conservation Values of the Property. Fur-ther,
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 WITNESS WHEREOF Grantor has executed this Conservation Easement Deed the
day and year first above written,
GRANTOR
By:
Mayor, City of Redlands
ATTEST:
By:
City Clerk
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EXHIBI`f'
Redlands Conservancy
PO Box 855, Redlands CA 92373; (90'9) 792.1800; ,re lan sc r ser anc , r
BASELINE REPORT
For
CONSERVATION
Portions
A Conservation Easement on parcels, APN 0175-122-111, 0175-131-24, 0175-011-62, 0175-131-01, 017'5-
131-1'8, 0294-121-31, 0175-131-14, 0175-2211!-08, 0175-122-15, 0294-091-61, 0294-091-60, 0294-091-62,
and 0175-251-11, located east of San Tirnoteo Canyon Road, north of San Timoteo Creek, and vest of
Alessandro Road in Redlands, California, ownedby the City of Redllands, 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
Page 1
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 l: 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
Page 2
EXHIBIT A
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, 0175-011-62, 0175-131-01, 0175-131-18, 0294-121-31, 0175-131-14, 0175-221-08, 0175-122-15, 0294-091-61,
0294-091-60, 0294-091-62, and 0175'-251-11, located east of Can Timoteo Canyon Road, north of San Timoteo Creek, and
west 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 Carriage Trail (Exhibit C), and portions of
the Can Timoteo Creek.
Owner signatures:
For the City of 0-d1lands, Date
Attest Date
Page 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
Timoteo 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 7.0, Open Space Element of the General
Plan: specifically, Section 7.21e)
Statement of how the property qualifies as a tax-deductible conservation easement donation: Not applicable.
Conservation Easement Restrictions and Reserved Rights:
Grantee may conduct reasonable activities to survey, restore, and maintain the 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 BPA 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 USACB 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 Canon 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 40, 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
d. 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
d. 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 and/or 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 asset forth in a document.
a. Granted to:Alfred H. Smiley and Albert K. Smiley
Page 7
EXHIBIT A
b. Purpose: road
c. Recorded: May 16, 2890 in Book 114, Pages 89 and 91 of Deeds
d. Affects: said land more particularly described therein.
9. An easement for the purpose shown below and rights incidental thereto as set forth in a document.
a. Granted to: Bear Valley and Alessandro Development Company
b. Purpose: public highway
c. Recorded: April 18, 1891 in Book 128, Page 386 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 16, 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, 1899 in Book 268, Page 105 of Deeds
d. The exact location and/or extent of said easement is not disclosed in the public records.
12. 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, 1910 in Book 451, Page 190 of Deeds
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 Leases
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 480, Page 198 of Deeds and October 25, 2912 in Book 514, Page 226 of Deeds as
follows:
"Saving and excepting from the above described property the right to make, lay and maintain a gravity pipe
line, 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.
a. Granted to: City of Redlands
b. Purpose: road
c. Recorded: March 11, 1924 in Book 822, Page 369 of Deeds
d. Affects: said land more particularly described therein.
Page 8
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.
17. 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.
20, 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. Purpose: 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 San
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 San 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, AI Kelley, and Sherli Leonard during several field visits
to the site.
Page 10
EXHIBIT A
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 miles due east of Los Angeles, in a region known as the Inland Empire. The land approximates 1,600 feet
elevation.
The climate features Mediterranean influences, becoming progressively xeropluptic eastward. The climate is characterized
by winter frontal storms and summer heat stress. The average annual temperature is listed at 62.8 degrees Fahrenheit,
with normal ranges from 30 degrees in the winter to 105 degrees in the summer. The precipitation norm is 13,74 inches,
with 95percent of the rain coming in November to April. Summer heat stress favors a fire-adapted ecosystem,
Page 11
EXHIBIT A
Page 10: Geology and Landforms
The land around the Conservation Easement is characterized by high ridges on northeast and southwest sides of a broad
and flat canyon which opens into an alluvial fan plain immediately west of the easement land. The soils around are
characterized by Hanford Coarse Sandy 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 1 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 late 1880s by the Smiley brothers, Redlands'
major benefactors. The trail was used to carry guests from the Smiley brothers'world famous botanical garden, Canon
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 A; Photographs and Photo Points Map
(Map attached)
1. Photo at northwest corner of the project bloundry, looking southeast;
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Page 1.7
EXHIBIT
3. North edge, lookin southrest.
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EXHIBIT
5. Easouth at crossing:
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6. Southeast end, looking gest and north:
Page 19
EXHIBIT A
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7. South edge, looking north;
Page 20
EXHIBIT A
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Page 21.
EXHIBIT A
. 'fest edge, looking east:
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o� 1r'r !,�� (� � G/�r�!�y„�w Y��`��iy � r rel '�/c�i�r"� ✓(� - err��r� yr�;r'„r��r r iy"faMr � �
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10, South of project boundry, leaking east, showing possible encroachment of County Flood Control read on easement
property:
Page 22
EXHIBIT A
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Page 23
EXHIBIT A
11. Historic Carriage Trail (Exhibit C) as it winds along the edge of the hills; view looking uvea.
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12, Portion of Carriage Trail (Exhibit C) —view looking south toward Can Timoteo Creek,
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Page 24
EXHIBIT A
13, Portion, of deteriorated eucalyptus grove, along Carriage Trail (Exhibit C)—view looking south toward Can Timoteo
Creek..
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14, Vier from Carriage Trail (Exhibit C), near the top of the Smiley Ridge—view looking south toward Can Timoteo Creek,
Page 25
EXHIBIT A
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Portion of easement Land as
t seen ee from the Carriage Trail (Exhibit�� view looking cask and south toward Alessandro
Road.
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16. Evidence of remains of Carriage Trail (Exhibit C) as it winds to the top of Smiley Ridge—view looking north.
'age 26
EXHIBIT
I
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17. Portion of Carriage Trail (Exhibit C) in use by mountain biker—view cooking south and west,
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Page 27
EXHIBIT A
18 Portion of Carriage Trail (Exhibit C) used by hikers—view looking north toward Smiley Ridge,
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19. Eucalyptus grove along south side of easement property, adjacent to San Timoteo Creek—view looking south.
Page 28
EXHIBIT A
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Page 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 Preparer.
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 Kelley, field biologist, instructor retired, Yucaipa Unified School District, and professor retired, California State
University at San Bernardino
Historical information obtained from the Heritage Room, AK Smiley Public Library, Redlands,
Contact information:
Sherli Leonard, Executive Director, Redlands Conservancy
31534 Highvi'ew Drive
Redlands CA 92373
(909) 389-7810
sleonard@k e wa .net
Page 32
Page 1 of 3
EXHIBIT "B"
MANAGEMENT GUIDELINES
The following management guidelines for that certain property described in the Deed of Conservation
Easement and Agreement, dated October 19, 2010 and recorded in the records of the County of San
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 are established as a standard set of practices for the
long term management and environmental preservation of said property;
A. The Area includes all of the land within the parcel lines of Parcel APN 0175-122-11, 0175-131-24, 0175-
011-62, 0175-131-01, 0175-131-18, 0294-121-31, 0175-131-14, 0175-221-08, 0175-122-15, 0294-091-61,
0294-091-60, 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.1. Travel of motorized vehicles within the management area shall be prohibited, except for
maintenance, educational purposes and emergency vehicle access.
C.2. 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 native 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.S. 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 trails, (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 barriers, 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.
I. 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 riparian 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,
Granter: Grantee:
City of Redlands
Redlands CO, an
By:
Its: Maysr Its;
Date: bate:
,ATTEST:
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