REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
October 8, 2024
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
BEAHTA DAVIS, Director, Regional Parks Department
NOEL CASTILLO, Director, Department of Public Works - Transportation
SUBJECT
Title
Resolutions, Agreements and Easements Over San Bernardino County-Owned Property at Glen Helen Regional Park in the Devore Area
End
RECOMMENDATION(S)
Recommendation
1. Find that the conveyance of one drainage easement, one Temporary Construction Easement, and one utility easement, totaling approximately 23,513 square feet, to TDC Glen Helen Owner LLC, the declaration of approximately 25 foot road right-of-way along Forest Lane, and the execution of a road maintenance agreement with TDC Glen Helen Owner LLC for Forest Lane over San Bernardino County-owned property at Glen Helen Regional Park in the Devore area are categorically exempt under the California Environmental Quality Act Guidelines pursuant to Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), and 15305 (Minor Alterations in Land Use Limitations).
2. Adopt Resolution that:
a. Declares the conveyance of one drainage easement of approximately 10,850 square feet and one Temporary Construction Easement of approximately 10,301 square feet to TDC Glen Helen Owner, LLC and one utility easement of approximately 2,362 square feet to Southern California Edison Company over portions of San Bernardino County-owned property totaling approximately 23,513 square feet (portions of Assessor’s Parcel Number 0349-191-22-0000) located at the Glen Helen Regional Park in the Devore area, is in the public interest, and the easement interests conveyed will not substantially conflict or interfere with the use of the property by San Bernardino County.
b. Authorizes the conveyance of one drainage easement of approximately 10,850 square feet and one Temporary Construction Easement of approximately 10,301 square feet to TDC Glen Helen Owner, LLC and one utility easement of approximately 2,362 square feet to Southern California Edison Company over portions of San Bernardino County-owned property totaling approximately 23,513 square feet (portions of Assessor’s Parcel Number 0349-191-22-0000) located at Glen Helen Regional Park in the Devore area, in accordance with Government Code Sections 25526.6 and 25521, upon total payment of $45,816 by TDC Glen Helen Owner, LLC.
3. Adopt Resolution that declares approximately 16,496 square feet of San Bernardino County-owned property (portion of Assessor’s Parcel Number 0349-191-22-0000) as road right-of-way along Forest Lane at Glen Helen Regional Park in the Devore area.
4. Approve an Easement Acquisition Contract with TDC Glen Helen Owner, LLC for the conveyance of the Grant of Easements set forth in Recommendation Nos. 5 through 7, for the total payment of $45,816.
5. Approve an Easement Grant and Agreement for Drainage with TDC Glen Helen Owner, LLC over a portion of San Bernardino County-owned property, comprising approximately 10,850 square feet (portion of Assessor’s Parcel Number 0349-191-22-0000), located at Glen Helen Regional Park in the Devore area, for drainage purposes.
6. Approve a Temporary Construction Easement with TDC Glen Helen Owner, LLC over a portion of San Bernardino County-owned property, comprising approximately 10,301 square feet (portion of Assessor’s Parcel Number 0349-191-22-0000), located at Glen Helen Regional Park in the Devore area, for temporary construction purposes, for a term to commence upon mutual execution and to expire on the earlier of two years thereafter, or the date TDC Glen Helen Owner, LLC files its notice of completion.
7. Approve a Grant of Easement to Southern California Edison over a portion of San Bernardino County-owned property, comprising 2,362 square feet (portion of Assessor’s Parcel Number 0349-191-22-0000), located at Glen Helen Regional Park in the Devore area, for utility purposes.
8. Approve a Road Maintenance Agreement with TDC Glen Helen Owner, LLC, for a term commencing on mutual execution and to expire on August 29, 2033, for TDC Glen Helen Owner, LLC to maintain Forest Lane in the Devore area, at its sole cost.
9. Authorize the Director of the Real Estate Services Department to execute any other documents necessary to complete the conveyance of the easements, subject to County Counsel review.
10. Direct the Clerk of the Board of Supervisors to forward a copy of the Resolution in Recommendation No. 3 to the Department of Public Works to be recorded in the official records of San Bernardino County.
11. Direct the Real Estate Services Department to file the Notice of Exemption in accordance with the California Environmental Quality Act.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The San Bernardino County (County) Regional Parks Department (Parks) will receive revenue in the total amount of $45,816 for the fair market value of the easements to be granted to TDC Glen Helen Owner, LLC (TDC) and Southern California Edison Company (Edison) over a portion of County-owned property totaling approximately 23,513 square feet [portions of Assessor’s Parcel Number (APN) 0349-191-22-0000] within the boundaries of Glen Helen Regional Park in the Devore area (County Property). The revenue to be received by Parks will be utilized to offset the cost of park operations. Sufficient appropriation is included in the Parks 2024-25 budget.
BACKGROUND INFORMATION
TDC is developing a trucking dispatch facility (Project) on TDC-owned property (APN 0349-191-20-0000) located at 1850 Glen Helen Road in the Devore area (TDC Property), which is situated adjacent to the County Property.
On March 31, 1981, a Private Road Easement was executed by the County and recorded on May 26, 1981, which granted TDC’s predecessor-in-interest a 50-foot-wide road easement on County-owned land in Glen Helen Park (Existing Private Road Easement). As part of the Project, TDC will relinquish the Existing Private Road Easement, and in turn, the County will dedicate a 25-foot-wide public road right-of-way from the Existing Private Road Easement area to be relinquished. The relinquishment of the Existing Private Road Easement will be accepted by the Director of the Real Estate Services Department (RESD) pursuant to authority conferred by Resolution No. 2012-44 of the Board of Supervisors (Board) adopted on March 27, 2012 (Item 75).
In November 2021, TDC granted a 30-foot-wide road easement on TDC-owned property to the County, which was accepted by the County Surveyor pursuant to Resolution No. 2012-44. TDC’s 30-foot-wide road easement plus the County’s 25-foot-wide road dedication will result in a total 55-foot-wide road right-of-way along Forest Lane, which is needed for the Project.
Approval of this item will enable public use of a portion of County-owned property for roadway purposes, promoting more efficient traffic flow through the community. This action includes the declaration and dedication of a 25-foot-wide road right-of-way along Forest Lane, located on County property in the Devore area.
Board approval is required for the declaration of road right-of-way along Forest Lane. Forest Lane will not be added to the County Maintained Road System. Instead, TDC will assume sole responsibility for the ongoing maintenance of the entire road as outlined in the Road Maintenance Agreement (RMA). The Department of Public Works reviewed this item and determined the declaration for public road right-of-way will meet the requirements of the Project and is necessary for public use.
The conditions of approval for the Project require TDC to acquire the following easements over portions of the County Property:
|
Grantee |
Location |
Purpose |
Total Square Feet to be Conveyed |
Cost |
|
Edison |
Forest Lane |
Utility Easement |
2,362 |
$7,086 |
|
TDC |
Forest Lane and Glen Helen Road |
Drainage Easement |
10,850 |
$32,550 |
|
TDC |
Forest Lane |
Temporary Construction Easement |
10,301 |
$6,180 |
|
Total |
23,513 |
$45,816 |
RESD reviewed the easement requests with Parks and determined that the easement grants are in the public interest and that they do not substantially conflict nor interfere with Parks’ use of the County Property. Parks requested that RESD assist with the conveyance of the easements to TDC and Edison at fair market value. RESD staff determined the total fair market value for all three easements to be $45,816, using a commonly used and acceptable method of valuation. TDC will pay the fair market value of $45,816 prior to the conveyance and recording of the easements, with the payment terms and conditions outlined in the Easement Acquisition Contract.
While the easement terms and TDC’s payment were being negotiated, and to accommodate TDC’s construction schedule, the County and TDC entered into a short-term Right of Entry Agreement (ROE) in May 2024, for a total of approximately 23,513 square feet of the proposed easement area on County Property for TDC’s at-risk construction of its off-site improvements. The ROE, which was executed by the Director of RESD under its authority pursuant to County Ordinance Section 18.0104, provided that TDC shall remove any improvements and restore the affected areas if easement grants are not approved by the Board. The easements, if granted, would supersede the ROE.
Approval of this item will further authorize the Director of RESD to execute any other documents necessary to complete the conveyance of the easements, subject to County Counsel review. The Director of RESD will not be authorized to execute any documents that would bind the County to any actions not contemplated by, or arising from, the transaction that is the subject of these recommendations.
Staff has reviewed the easement conveyances pursuant to the Surplus Land Act (SLA) and determined that said conveyances are not subject to the SLA.
Staff has also reviewed the easement conveyances, the road right-of-way dedication and the RMA, pursuant to the California Environmental Quality Act (CEQA) and determined that the proposed actions are categorically exempt from CEQA under Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), and 15305 (Minor Alterations in Land Use Limitations). The exemption applies as the easement conveyances, the road right-of-way dedication and the RMA will facilitate minor improvements and future maintenance activities to existing roadways, including the installation of curbs, gutters, storm drainpipes, and catch basins. These improvements will aid in developing the roadways to their ultimate rights-of-way, consistent with Section 15301(c), reconstruct existing utility systems, consistent with Section 15302(c), and authorize minor encroachments to perform the aforementioned activities, consistent with Section 15305(b).
The County has prepared a Notice of Exemption and finds that no significant adverse impacts will occur as a result of the easements conveyances, the road right-of-way dedication, and the execution of the RMA.
PROCUREMENT
The County can grant the easements to TDC and Edison in accordance with Government Code Sections 25526.6 and 25521. The road right-of-way dedication is made pursuant to Section 941 of the Streets and Highways Code of the State of California.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Agnes Cheng, Aaron Gest, and Suzanne Bryant, Deputies County Counsel, 387-5455) on September 19, 2024; Regional Parks (Beahta Davis, Director, 387-2886) on August 23, 2024; Public Works (Noel Castillo, Director, 387-7916) on August 26, 2024; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on August 27, 2024; Finance (Elias Duenas, 387-4052, Garrett Baker, 387-3077, and Carl Lofton, 387-5404, Administrative Analysts) on September 23, 2024; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on September 23, 2024
(JAG: 677-8210)