REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 1, 2026
FROM
TERRY W. THOMPSON, Director, Real Estate Services Department
NOEL CASTILLO, Director, Department of Public Works-Transportation
SUBJECT
Title
Acquisition Agreements for Permanent and Temporary Construction Easements for the State Street Widening Project
End
RECOMMENDATION(S)
Recommendation
1. Authorize the acquisition of 21 Permanent Easements from 22 property owners over portions of certain real properties, and 21 Temporary Construction Easements from 22 property owners over portions of certain real properties totaling approximately 0.61 miles along the west side of State Street between Adams Street and Darby Street, for the State Street Widening Project in the unincorporated area of Muscoy, at a total cost not to exceed $525,000, which includes just compensation and an approximate 10% contingency amount.
2. Approve the form of Acquisition Agreement to acquire 21 Permanent Easements from 22 property owners over portions of certain real properties, and 21 Temporary Construction Easements from 22 property owners over portions of certain real properties, along the west side of State Street between Adams Street and Darby Street, totaling approximately 0.61 miles, for the State Street Widening Project in the unincorporated area of Muscoy.
3. Authorize the Director of the Real Estate Services Department to complete and execute Acquisition Agreements, in substantial conformance with the approved form of Acquisition Agreement in Recommendation No. 2, at a total cost not to exceed $525,000, which includes just compensation and an approximate 10% contingency amount, and execute any other non-substantive documents necessary to complete these transactions, including, but not limited to, escrow instructions, certificates of acceptance, recordation documents, and other administrative documents, subject to County Counsel review.
(Presenter: Terry W. Thompson, Director, 387-5000)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally Responsible and Business-Like Manner.
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 Discretionary General Funding (Net County Cost). The 21 Permanent Easements (Es) and 21 Temporary Construction Easements (TCEs) for the State Street Widening (Interim) Project (Project) will be funded with Regional Transportation Development Mitigation Plan fees and San Bernardino County Transportation Authority Measure “I” Public Share contribution. The total cost to acquire the Es and TCEs shall not exceed $525,000, which includes just compensation of $477,000 and an approximate 10% contingency amount of $48,000 for potential administrative settlements. In addition, the Real Estate Services Department (RESD) labor and consultant costs are estimated at $300,000, for a total financial impact of $825,000. Sufficient appropriation and revenue are included in the Department of Public Works-Transportation (DPW-T) 2026-27 Road Operations Budget (6650002000 H15233) and will be included in future recommended budgets as necessary.
BACKGROUND INFORMATION
The Project is located on State Street between Adams Street and Darby Street in the unincorporated area of Muscoy. The Project, which encompasses 0.61 miles of roadway improvements, will accommodate pedestrian movement and improve traffic circulation and safety. Work proposed involves widening of the west side of State Street for the inclusion of a painted median to accommodate left turn movement at intersections, along with midblock ingress and egress to adjoining properties, construction of a paved shoulder, driveway approaches, curb and gutter, and sidewalk and curb ramp improvements meeting Americans with Disabilities Act requirements. Work on both sides of State Street also includes pavement rehabilitation and mill and asphalt concrete overlay. In addition, supplemental street lighting affixed to existing power poles is proposed along the east side of State Street.
The easement interests in the portions of land to be acquired for the Project are described as follows with RESD:
|
Parcel ID |
APN |
E ID |
TCE ID |
E Acquired Area (Square Feet) |
TCE Acquired Area (Square Feet) |
|
1 |
0268-341-41 |
E-1 |
TCE-1 |
1,595 |
840 |
|
2 |
0268-341-40 |
E-2 |
TCE-2 |
1,184 |
460 |
|
3 |
0268-341-17 |
E-3 |
TCE-3 |
600 |
515 |
|
4 |
0268-341-16 |
E-4 |
TCE-4 |
620 |
508 |
|
5 |
0268-341-15 |
E-5 |
TCE-5 |
1,670 |
893 |
|
6 |
0268-271-39 |
E-6 |
TCE-6 |
2,090 |
1,461 |
|
7 |
0268-271-38 |
E-7 |
TCE-7 |
800 |
1,120 |
|
8 |
0268-271-17 |
E-8 |
TCE-8 |
640 |
630 |
|
9 |
0268-271-16 |
N/A |
TCE-9 |
N/A |
165 |
|
10 |
0268-271-15 |
E-10 |
TCE-10 |
1,636 |
1,028 |
|
11 |
0268-261-17 |
E-11 |
TCE-11 |
2,890 |
1,550 & 1,495 |
|
12 |
0268-261-16 |
E-12 |
TCE-12 |
600 |
1,125 |
|
13 |
0268-261-15 |
E-13 |
TCE-13 |
600 |
915 |
|
14 |
0268-261-14 |
E-14 |
TCE-14 |
440 |
506 |
|
15 |
0268-261-13 |
E-15 |
TCE-15 |
1,250 |
1,407 |
|
16 |
0268-201-11 |
E-16 |
TCE-16 |
1,144 |
815 |
|
17 |
0268-201-10 |
E-17 |
TCE-17 |
1,144 |
270 |
|
18 |
0268-201-09 |
E-18 |
TCE-18 |
1,144 |
423 & 175 |
|
19 |
0268-201-29 |
E-19 |
TCE-19 |
1,712 |
1,380 |
|
20* |
0268-191-26 |
E-20 |
TCE-20 |
4,136 |
270 |
|
21 |
0268-191-20 |
E-21 |
TCE-21 |
427 & 471 |
2,969 |
|
22 |
0268-211-28 |
E-22 |
N/A |
1,735 |
N/A |
*Alternative Option (20A): this alternative limits the acquisition to an eight-foot-wide permanent easement. The project’s original right-of-way requirement was limited to an eight-foot-wide easement. The proposed 20-foot-wide permanent easement was subsequently identified to accommodate potential future development. If the broader easement is not acquired, the project can still proceed with the original eight-foot-wide permanent easement.
|
20A |
0268-191-26 |
E-20 |
TCE-20 |
1,504 |
865 |
RESD reviewed the Project with DPW-T and initiated the valuation of the E and TCE interests under 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 No. 12-20, for the acquisition of property rights for a public project.
Appraisal Nos. 26-18 to 26-38 and 26-56, copies of which are on file with RESD, were professionally prepared and approved by qualified RESD staff. The appraisals establish the amounts of just compensation to be paid to the property owners for the property rights necessary to complete the Project. RESD recommends that written offers be made to the impacted property owners.
Approval of this item by the Board of Supervisors (Board) will authorize the County’s acquisition of the Es and TCEs, approve a form of Acquisition Agreement to acquire the necessary property interests for the Project, and delegate authority to the Director of RESD to execute the Acquisition Agreements with the 22 property owners to acquire the 21 Es (Parcel 9 does not require a permanent easement) and 21 TCEs (Parcel 22 does not require a temporary construction easement), for a total cost not to exceed $525,000, inclusive of just compensation and an approximate 10% contingency. Just Compensation, as required for right-of-way acquisition projects, is the fair market value paid to a property owner when their property is acquired for public use. Fair market value is typically determined through an appraisal. The Director of RESD will also be authorized to execute any non-substantive documents necessary to complete these transactions, including, but not limited to, escrow instructions, certificates of acceptance, recordation documents, and other administrative documents, subject to County Counsel’s review and approval. In addition, the Director of RESD will accept the Es and TCEs executed by the property owners pursuant to the authority granted by the Board on March 27, 2012 (Item No. 75).
RESD is requesting the use of a template and delegation of authority to the RESD Director to enhance efficiency and flexibility in the acquisition process. This approach helps mitigate delays often caused by protracted negotiations while ensuring that all agreements comply with Board-approved standards. Delegation of Authority further enables staff to manage routine execution tasks effectively, streamlining the overall process to meet Project deadlines.
As the California Environmental Quality Act (CEQA) Lead Agency for the Project, on November 18, 2025 (Item No. 61), the Board adopted a Mitigated Negative Declaration (MND) for the Project, finding that there will not be a significant effect on the environment after implementation of the mitigation measures identified in the MND and the mitigation monitoring reporting program. DPW-T was directed to file and post a Notice of Determination (NOD). Accordingly, no further action is required for the underlying project by the County under CEQA.
PROCUREMENT
RESD can make offers and acquire the necessary Es and TCEs 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 No. 12-20.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on August 3, 2026; Public Works (Noel Castillo, Director, 387-7916) on August 3, 2026; Purchasing (Ariel Gill, Supervising Buyer, 387-2070) on August 5, 2026; and County Finance and Administration (Jessica Trillo, Principal Administrative Analyst, 387-4222, and Eduardo Mora, Administrative Analyst 387-4376) on August 17, 2026.
(KD: 665-0430)