REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
December 16, 2025
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BRETT J. GODOWN, Director, Department of Airports
SUBJECT
Title
Acquisition of Easements from Watson Land Company, a California Corporation, for the Chino Airport Groundwater Remedial Project in Chino
End
RECOMMENDATION(S)
Recommendation
1. Authorize the acquisition of one permanent easement of approximately 76,485 square feet for a well facility, access, pipeline, and periodic staging purposes, and one temporary construction easement of approximately 10,684 square feet, over portions of certain real property located at 6810 Bickmore Avenue in Chino (portions of Assessor’s Parcel Number 1056-161-05-0000) from Watson Land Company, a California corporation, for the Chino Airport Groundwater Remedial Project in the City of Chino, for the total purchase price of $1,583,275 plus escrow and title fees estimated to be $6,000.
2. Approve Acquisition Agreement and Escrow Instructions with Watson Land Company, a California corporation, for the acquisition of a permanent easement of approximately 76,485 square feet for a well facility, access, pipeline, and periodic staging purposes, and one temporary construction easement of approximately 10,684 square feet, over portions of certain real property located at 6810 Bickmore Avenue in Chino (portions of Assessor’s Parcel Number 1056-161-05-0000) for the Chino Airport Groundwater Remedial Project in the City of Chino, for the total purchase price of $1,583,275 plus escrow and title fees estimated to be $6,000.
3. Approve Grant of Easement and Agreement, including a non-standard term, with Watson Land Company, a California corporation, for one permanent easement of approximately 76,485 square feet for a well facility, access, pipeline, and periodic staging purposes over portions of certain real property located at 6810 Bickmore Avenue in Chino (portions of Assessor’s Parcel Number 1056-161-05-0000) for the Chino Airport Groundwater Remedial Project in the City of Chino.
4. Approve Temporary Construction Easement, including a non-standard term, with Watson Land Company, a California corporation, for one temporary construction easement of approximately 10,684 square feet over a portion of certain real property located at 6810 Bickmore Avenue in Chino (portion of Assessor’s Parcel Number 1056-161-05-0000) for one six-month period during the three-year term commencing on mutual execution, for the Chino Airport Groundwater Remedial Project in the City of Chino.
5. Authorize the Chair of the Board of Supervisors to execute, upon close of escrow, the Grant of Easement and Agreement and the Temporary Construction Easement in Recommendation Nos. 3 and 4, subject to County Counsel review.
6. Authorize the Director of the Real Estate Services Department to execute escrow instructions and any other documents, including amended escrow instructions, necessary to complete this transaction, subject to County Counsel review.
7. Direct the Director of the Real Estate Services Department to transmit the Grant of Easement and Agreement and the Temporary Construction Easement to the Clerk of the Board of Supervisors within 30 days after full execution.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). On August 9, 2022 (Item No. 18), the Board of Supervisors (Board) approved $15 million use of the Chino Plume Needs General Fund Reserve for the acquisition of easements for the Chino Airport Groundwater Remedial Project (Project). The total cost to acquire the one permanent easement and one temporary construction easement is $1,583,275, plus escrow and title fees estimated to be $6,000. Sufficient appropriation exists in the 2025-26 Project budget (WBSE 10.10.0556) and will be included in future recommended budgets, as necessary.
BACKGROUND INFORMATION
Approval of Recommendation Nos. 1 and 2 will allow for the acquisition of the permanent easement and temporary construction easement for the construction and maintenance of an extraction well (identified as EW-9) in support of the Project.
The County is under Santa Ana Regional Water Quality Control Board (RWQCB) Cleanup and Abatement Order No. R8-2017-0011 (Order) to treat and remediate groundwater contaminated by volatile organic compounds (VOCs) proximate to Chino Airport. VOCs are a group of chemical compounds that are volatile at room temperature and include substances such as gasoline, diesel, paints, paint strippers, aerosol sprays, degreasers, cleansers, and disinfectants. In compliance with the RWQCB Order, the Project consists of the County implementing an Interim Remedial Action Plan (IRAP) for groundwater treatment. The IRAP was approved by the Board on January 29, 2019 (Item No. 24) and subsequently approved by the RWQCB on November 4, 2020. The IRAP calls for remediation of the VOCs through a pump-and-treat system to provide hydraulic containment of groundwater contamination utilizing groundwater extraction wells both onsite and offsite of the Chino Airport, including conveyance piping to transport water to a treatment plant. Construction, installation, and maintenance of offsite extraction wells require easement acquisitions offsite of County property.
On April 20, 2021 (Item No. 65), due to the Project timeline, the Board conducted a public hearing and adopted Resolution of Necessity No. 2021-47 (RON), authorizing the use of eminent domain to acquire permanent and temporary easements on portions of three privately-owned properties and one State of California-owned property to implement the groundwater remediation for the Project.
After the RON was adopted, the Project timeline changed, which allowed time for the acquisitions to occur by routine negotiations. Accordingly, the Board rescinded the RON on October 5, 2021 (Item No. 45).
Negotiations are now complete with Watson Land Company, a California corporation (Watson) for an Acquisition Agreement and Escrow Instructions, Grant of Easement and Agreement, and Temporary Construction Easement for the easements over portions of Assessor’s Parcel Number 1056-161-05-0000, located at 6810 Bickmore Avenue in Chino (Property). The permanent easement of approximately 76,485 square feet consists of 909 square feet for the well facility, 70,500 square feet for access, 4,044 square feet for periodic staging, and 1,032 square feet for the pipeline. The temporary easement totals approximately 10,684 square feet for temporary construction. All of the easement interests were appraised by the Real Estate Services Department (RESD) at fair market value, which established the purchase price.
The extraction well will be situated within the well facility easement area. The County and its contractors may use the temporary construction easement area for a flexible one six-month period during the three-year term, which is necessary for construction planning and timing, commencing on mutual execution, to construct the well. Subsequently, the County and its contractor may place necessary equipment and vehicles on the periodic staging easement area to perform well maintenance, provided that, except in the case of emergencies, this area may be used once every three years for up to six consecutive weeks (which may be extended by mutual agreement of the parties).
The County will monitor for settlement, or sinking of the foundation, of the existing building on the Property. If settlement is caused by the County’s well, the County will implement tiered remedies in accordance with the Grant of Easement and Agreement, which could include engineer-determined mitigation measures, settlement repairs, temporary cessation of well operations, or permanent well closure with easement termination.
The Grant of Easement and Agreement and the Temporary Construction Easement each contain the following non-standard term:
The County will indemnify and defend Watson from any liabilities and damages caused by the County due to its entry on the easement areas and its improvements thereon.
• The County standard contract requires the contractor to agree to indemnify the County in accordance with County Policy 11-07.
• Potential Impact: By agreeing to indemnify Watson, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited, could be brought against the indemnitees without such limitations, and the County would be responsible to reimburse the indemnitees for costs, expenses, and damages, which could be excessive.
RESD recommends approval of the Acquisition Agreement and Escrow Instructions, Grant of Easement and Agreement, and the Temporary Construction Easement, including the non-standard term, as the Order is mandated and compliance is required. Approval of Recommendation No. 6 will authorize the RESD Director to execute escrow documents and any other documents necessary to complete this transaction, including amended escrow instructions. The RESD Director will not be authorized to execute any documents that would bind the County to any actions not contemplated by, or arising from, the transaction which is the subject of these recommendations.
On March 12, 2024 (Item No. 40), the Board approved the acquisition of permanent and temporary easements from Chino Center, Inc., one of the four property owners over which easements are needed, and escrow closed for that transaction on July 17, 2024. Negotiations for permanent and temporary easements are ongoing with two remaining property owners and RESD will return to the Board for approval of those easements once negotiations are complete.
The Board adopted a Mitigated Negative Declaration for the Project on January 29, 2019 (Item No. 24). The Project contemplates the construction and maintenance of extraction wells, and therefore, no further action is required under the California Environmental Quality Act.
PROCUREMENT
RESD can make offers and acquire the necessary easements in conformance with all applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Government Code section 7260 et seq., corresponding regulations, and County Policy 12-20. RESD has complied with the publication requirements of Government Code section 6063.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng and Maria Insixiengmay, Deputies County Counsel, 387-5455) on December 9, 2025; Airports (Brett J. Godown, Director, and Maureen Snelgrove, Assistant Director, 387-8812) on December 4, 2025; Risk Management (Stephanie Pacheco, Staff Analyst, 386-9039) on December 4, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on October 24, 2025; and County Finance and Administration (Eduardo Mora, 387-4376, and Carl Lofton, 387-5404, Administrative Analysts) on November 25, 2025.
(BO: 659-4676)