OF REAL PROPERTY DETERMINING THE NECESSITY OF ACQUISITION BY EMINENT DOMAIN DISTRICT, TO CONSIDER FOR ADOPTION A RESOLUTION THE GOVERNING BOARD OF THE ORANGE COUNTY FLOOD CONTROL OF TilE COUNTY OF ORANGE, CALIFORNIA, ACTING AS NOTICE OF INTENTION OF THE BOARD OF SUPERVISORS Page lot 25 No, 1057-191-03-0000 (the Temporary Construction Easement Areas ). Nos. 39-001.6 and 39-001.7, and which cover portions of San Bernardino County Assessor s Parc D-4, inclusive, to the Resolution, which easements are referred to by the District as Project Parcel 4. Temporary construction easements that are legally described and depicted by Exhibits D through (the Fee Simple Area ); and and which covers a portion of San Bernardino County Assessor s Parcel No. 1057-191-03-0000 the Resolution, which fee simple area is referred to by the District as Project Parcel No. 39-001.5 3. Fee simple title to real property that is legally described and depicted by Exhibits C, C-I and C-2 t Parcel No. 39-001.4 and which covers portions of San Bernardino County Assessor s Parcel No. 1057-191-03-0000 (the Access Easement Area ); B, B-i and B-2 to the Resolution, which easement area is referred to by the District as Project 2. A permanent access easement and right-of-way that is legally described and depicted by Exhibits and which covers portions of San Bernardino County Assessor s Parcel No. 1057-191-03-0000 (th to the Resolution, which easement area is referred to by the District as Project Parcel No. 39-001.3 1. A permanent flowage easement that is legally described and depicted by Exhibits A, A-i and A-2 Flowage Easement Area ); The Subject Property Interests consists of the following: District are located is 16500 Chino Corona Road, Chino, California, County of San Bernardino. The street address where the Subject Property Interests proposed for acquisition by the Santa Ana River MainstemlPrado Dam Project (the Project ). real property described below (the Subject Property interests ) for purposes of the District s to this Notice, determining the necessity to acquire, through eminent domain proceedings, the governing board of the Orange County Flood Control District (the District ), intends to consider YOU ARE HEREBY NOTIFIED, pursuant to Code of Civil Procedure section 1245.235, that the Board of Supervisors of the County of Orange (the Board ), acting as the tbr adoption a resolution of necessity (the Resolution ), a copy of which as proposed is attached EXHIBIT 2
control purposes of the District with respect to the District s Project; that if the Subject domain proceedings because District staff believes they are required for the essential flood Page 2 of 25 beeiz made to the owner ofrecord. Project; and (4) whether the offer required by section 7267.2 of tile Government Code has injury; (3),vhether the Subject Property Interests sought to be acquired are necessary for the in tile manner that vill be most compatible with the greatest public good and the least private public interest and necessity require the Project; (2) whether the Project is planned or located a written request to the address below if you desire to appear and be heard on: (1) whether the appear and be heard within fifteen (15) days of the mailing of this Notice by filing or delivering YOU ARE HEREBY FURTHER NOTIFIED that you must file a written request to Ana, California. reaches the agenda item relating to this hearing) on May 6, 2014, at the Board of Supervisors Hearing Room, First Floor, County Hall of Administration, 333 W. Santa Ana Blvd., Santa the Board on the proposed Resolution is set for 9:30 a.m. (or as soon thereafter as the Board YOU ARE HEREBY FURTHER NOTIFIED that your opportunity to be heard by increased capacity of the Project reservoir. because that area will itself be exposed to a greater risk of inundation as a result of the that the District acquire a flowage easement as to a portion of the Subject Property Interests andior loss of life suffered by those downstream in Orange County; and that it is also necessary of, or damage to State Route 91, and a significant risk of property damage, personal injury would result in inadequate flood protection downstream of the Prado Dam, potential flooding Property Interests were not acquired, the Project could not proceed as planned, which in turn [he Subject Property Interests are being considered for acquisition through eminent
blall of Administration, Fourth Floor Page 3 of 25 appear and be heard within fifteen (15) days after this Notice was mailed may result by law in a Public Works/OC Flood, at (714) 647-3954. waiver of your right to be heard. For further information, please contact Lance Natsuhara, OC Supervisors of your intent and desire to be heard. Your failure to file a written request to You may use the following page of this Notice for this purpose to notify the Board of Santa Ana, California 92702 333 W. Santa Ana Blvd. Post Office Box 687 Clerk of the Board of Supervisors
PROJECT Dated: Telephone Number.\ddress Name NECESSITY TO ACQUIRE AND CONDEMN, THROUGH EMINENT DOMAIN, REQUEST TO BE HEARD ON RESOLUTION DETERMINING THE Page 4 of 25 (Signature) REAL PROPERTY FOR THE SANTA ANA RIVER MAINSTEM/PRADO DAM
Item WHEREAS, the real property wherein the property interests that are the subject of this May 6, 2014 NECESSITY OF ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY Page 5 of 25 Acquisition by Eminent Domain of Real Property for Flood Control Purposes Code of Civil Procedure section 1245.23 5, the Clerk of the Board mailed notice to the Owner of shown by the last equalized San Bernardino County assessment roll, of the intention of the Orange County Board of Supervisors ( Board ), acting in its capacity as the governing board of Santa Ana River MainstemlPrado Dam Project Resolution No., No. the District, to consider the necessity of acquiring the Subject Property Interests for purposes of the real property upon which the Subject Property Interests are to be located, to its address as WHEREAS, on or before April 15, 2014, pursuant to the requirements of California easements are referred to by the District as Project Parcel Nos. 39-00 1.6 and 39-00 1.7, and which Temporary Construction Easements ). cover portions of San Bernardino County Assessor s Parcel No. 1057-191-03-0000 (the D-4, inclusive, which are attached hereto and incorporated herein by this reference, which 4. Temporary construction easements that are legally described and depicted by Exhibits D through Bernardino County Assessor s Parcel No. 1057-191-03-0000 (the Fee Simple Area ); and is referred to by the District as Project Parcel No. 39-001.5 and which covers a portion of San and C-2, which are attached hereto and incorporated herein by this reference, which fee simple area 3. Fee simple title to certain real property that is legally described and depicted by Exhibits C, C-I easement area is referred to by the District as Project Parcel No. 39-001.4 and which covers portions of San Bernardino County Assessor s Parcel No. 1057-191-03-0000 (the Access Easement ); B, B-i and B-.2, which are attached hereto and incorporated herein by this reference, which 2. A permanent access easement and right-of-way that is legally described and depicted by Exhibits Flowage Easement ); and which covers portions of San Bernardino County Assessor s Parcel No. 1057-191-03-0000 (the which are attached hereto and incorporated herein by this reference, which easement area is referred to by the Orange County Flood Control District ( District ) as Project Parcel No. 39-001.3 1. A permanent flowage easement that is legally described and depicted by Exhibits A, A-i and A-2, Subject Property Interests consist of: LLC ( Owner ) and located at 16500 Chino Corona Road, Chino, California, and whereas the Resolution are located (the Subject Property Interests ) is currently owned by HRB Properties, ORANGE COUNTY, CALIFORNIA, ACTING AS THE GOVERNING BOARD OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT, DETERMINING THE RESOLUTION OF ThE BOARD OF SUPERVISORS OF
the District s Santa Ana River Mainstem/Prado Dam Project ( Project ), through eminent domain proceedings, and of the date set for a hearing thereon of May 6,2014; WHEREAS, said notice by the Clerk notified the Owner of its right to appear and to be heard at a hearing before the Board on the following matters: (a) whether the public interest and necessity require the Project; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Subject Property Interests sought to be acquired are necessary for the Project; and (d) whether the offer required by section 7267.2 of the Government Code has been made to the owner(s) of record; WHEREAS, on May 6, 2014, the Board conducted a hearing and heard and considered public comments, if any, regarding the Project and regarding the proposed eminent domain acquisition of the Subject Property Interests; WHEREAS, at the close of the hearing and after the opportunity for open and public discussion among the Board, the Board voted, by more than the statutorily required two-thirds majority of the Board membership, to adopt this Resolution of Necessity to acquire the Subject Property Interests necessary for the Project through eminent domain proceedings, NOW, THEREFORE, BE IT RESOLVED that this Board does hereby find and determine as follows: 1. The public interest and necessity require the Project for the purposes specified by California uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. sections 36-1 et seq. (the Orange County Flood Control Act ), including but not limited to the control of flood and storm waters in order to protect the safety, health and welfare of residents and properties within the County of Orange from the potentially devastating effects of a 190-year floodlstorm event. 2. The District is authorized to acquire the Subject Property Interests and to exercise the power of eminent domain for the public uses set forth herein under the California Constitution, the California eminent domain law (Code of Civil Procedure Sections 1230.010 et seq., and 1240.010 et seq., including without limitation Section 1240.110), Government Code Resolution No., Item No. Santa Aria River MainstemfPrado Dam Project Acquisition by Eminent Domain of Real Property for Flood Control Purposes Page 6 of 25
3. The Project is planned and located in the manner that will be the most compatible Act. xtraterritorial1y pursuant to, inter alia, Sections 2 and 16 of the Orange County Flood Control located in San Bernardino County and the District is exercising its power of eminent domain Page 7 of25 certified on November 28, 1989 and reflects the independent judgment of the Orange Acquisition by Eminent Domain of Real Property for Flood Control Purposes Santa Ana River Mainstem/Prado Dam Project Resolution No.. Item No. a. Final Environmental Impact Report (EIR) No. 583 was previously ( CEQA ): 7. The Board finds as follows under the California Environmental Quality Act Code and Board of Supervisors Resolution 67-612, an appraisal was prepared covering the was also delivered to the Owner. the appraised value of the Subject Property Interests and summarizing the basis of that valuation 6. In conformance with Sections 7267.1 and 7267.2 of the California Government valid public use and the use of the Subject Property Interests will in fact be a public use. Subject Property Interests. An offer based on said appraisal was made to the Owner of the real property where the Subject Property Interests are to be located, and a written statement showing 5. The proposed use of the Subject Property Interests for the Project constitutes a it is also necessary that the District acquire the Subject Property Interests because the real purposes. If the Subject Property Interests were not acquired, the Project could not proceed as planned, which in turn would result in inadequate flood protection downstream of the Prado damage, personal injury, andlor loss of life suffered by those downstream in Orange County; arid property where the Subject Property Interests are to be located will itself be exposed to greater the District acquire the Subject Property Interests to carry out the Project s essential flood control Dam, potential flooding of, or damage to State Route 91, and a significant risk of property risk and frequency of inundation as a result of the increased capacity of the reservoir behind the Prado Darn as a result of the Project. 4. The Subject Property Interests are necessary for the Project. It is necessary that with the greatest public good and least private injury. Section 25350.5, and the Orange County Flood Control Act. The Subject Property Interests are
ceflects the independent judgment ot the Orange County Planning Commission as Lead Impact Statement (EIS) No. 583 was previously certified on December 19, 2001 and Agency. Final EIR No. 583 and Final EIS No. 583 adequately addressed and fully b. The circumstances of the project are substantially the same and Final EIR c. Final EIR No. 583 and Final ETS No. 583 are adequate to satisfy the d. All mitigation measures are fully enforceable pursuant to CEQA Public 8. The Subject Property Interests consist of a total of 37 acres located in the City of Resolution No. Item No. Page 80125 Chino, County of San Bernardino, including the Flowage Easement of 33.092 acres, the Fee Simple Area of 2.086 acres, the Access Easement of.575 of an acre, and the Temporary District s flood control purposes is in conformance with the City of Chino s General Plan. Construction Easements of 1.187 acres. The acquisition of the Subject Property Interests for the Acquisition by Eminent Domain of Real Property for Flood Control Purposes Santa Ana River MainstemlPrado Dam Project Resources Code Section 2108 1.6(b) and have either been adopted as conditions, incorporated as part of the project design, or included in the procedures of project implementation. requirements of CEQA for the proposed condemnation action. become known in relation to this proposed condemnation action. have been known when the prior EIR No. 583 and EIS No. 583 were certified has information of substantial importance to the project which was not known or could not occurred in the circumstances under which the project is being undertaken, and no new No substantial changes have been made in the project, no substantial changes have No. 583 and Final EIS No. 583 adequately addressed the effects of the proposed project. Mainstem Project and its included element, the Prado Dam Project. are complete and adequately satisfy the requirements of CEQA for the Santa Ana River Orange County Planning Commission on December 19, 2001. Both the EIR and the EIS contemplated as part of the whole of the action. Final EIS No. 583 was certified by the Mainstem Project and the Prado Dam Project element, a necessarily included element analyzed project environmental impacts in 1980, 1985 and 1988 for the Santa Ana River County Flood Control District as Lead Agency. Final Supplemental Environmental
10. To the extent the Subject Property Interests are already devoted to a public use, located, inasmuch as the remediation and estimated cost of remediation activities will be contamination on the portions of the real property where the Subject Property Interests are addressed in the proposed court action. encumber required funds (from Fund 404-080-404-L333-4l00-0000, Job No. ESP2025) and to $6,854,000.00, the total estimated fair market value of the Subject Property Interests as of the Acquisition by Eminent Domain of Real Property for Flood Control Purposes issue checks, as necessary and requested by County Counsel, in the total amount of up to Santa Ana River MainstemlPrado Dam Project date of value of the appraisal which was the basis of the purchase offer made to the Owner; and IT IS FURTHER ORDERED that the Auditor-Controller is directed and authorized to District s Counsel deems it to be necessary and appropriate. Property Interests as may be necessary for the conduct of the action or other proceedings or transactions required to acquire the Subject Property Interests, and to seek and obtain an order necessary proceedings and steps incident to acquiring the Subject Property Interests, to correct eminent domain proceedings for the foregoing acquisition, to do, perform, and carry out all matters (collectively, District s Counsel ), are hereby directed and authorized to institute previously authorized by this Board for purposes of representing the District in condemnation litigation counsel, Murphy & Evertz LLP, pursuant to its existing contract with the District as NOW, THEREFORE, IT IS HEREBY ORDERED that the Subject Property Interests Section 1240.610). necessary public use than is the presently existing public use (California Code of Civil Procedure 1240.510), or the use of the Subject Property Interests for the District s Project is a more unreasonably interfere with or impair the continuance of the public use as it presently exists or 9. Ii is appropriate for the Board to hereby waive clearance of potential the use of the Subject Property Interests for the District s Project is a compatible use that will not may reasonably be expected to exist in the future (California Code of Civil Procedure Section be acquired by the District; and that the County Counsel of the County of Orange and/or special any errors or to make or agree to non-material changes in the legal description of the Subject for prejudgment possession of some or all of the Subject Property Interests at such time as Resolution No., Item No. Page 9 of 25
to encumber such additional funds, and issue such additional checks as may be requested by County Counsel as and if necessary to satisfy any court orders for higher deposits or payment of greater compensation, and as necessary to pay for title insurance and other fees following transtér of ownership of the Subject Property Interests to the District. Using those encumbered funds and the check or checks issued by the Auditor-Controller, District Counsel are hereby directed and authorized to make deposits of estimated compensation with the State Treasury s Condemnation Deposits Fund in an amount up to S6,854,000.OO. Resohition No. Item No. Santa Ma River MainstemfPrado Dam Project Acquisition by Eminent Domain of Real Property for Flood Control Purposes Page 10 of25
Flowage Easement Project Parcel No. 39-001.3 Page 11 of 25 deposition and associated damages to said real property and any and all structures and improvements situated thereon the land described in Exhibit A-i and shown on Exhibit A-2, both that no other structures shall be constructed or maintained on the land except as may be approved in writing by the authorized representative of DISTRICT in charge of the Project, and that no excavation, drilling, or mining shall be conducted and no landfill, manure pile or urine and State laws with respect to the environment. easement hereby acquired; provided further that any use of the land shall be subject to Federal excavation andlor placement of landfill, manure pile or urine pond; the above estate is taken subject to existing easements for public roads and highways, public utilities, railroads and to the structures and improvements now situated on the land, except fencing and cow shades; attached hereto and by this reference made a part hereof, in connection with the operation and maintenance of the Prado Dam Basin (Project ), together with all right, title, and interest in and flood and submerge certain real property, the right to cause, without limitation, erosion and/or The perpetual and assignable right, power, privilege and easement occasionally to overflow, provided that no structures for human habitation shall be constructed or maintained on the land, pond shall be placed on the land without such approval as to the location and method of pipelines; reserving, however, to the GRANTOR, its heirs and assigns, all such rights and privileges as may be used and enjoyed without Interfering with or abridging the rights and Exhibit A
LEGAL DESCRIPTION Pagel2of25 Page I of2 Commencing at the intersection of the centerline of Chino-Corona Road with that Survey in said Office of the County Recorder: thence along said course westerly line of the land described in said Quitclaim Deed to HRB Properties; Record of Survey; thence along said Limit Acquired lines the following courses: intersection is shown on a map recorded in Book 97, Pages 8 thru 18 of Records of 423.82 feet; thence North 18 46 52 East, 54.01 feet; thence NORTH, 40.47 feet; Proposed Limit of Prado Dam Reservoir as shown on said Record of Survey; also being on the northerly line of aforementioned Limit Acquired line with that certain course having a bearing of N 57 02 35 E and a length of 221.05 per said southwesterly corner of said land described in said Quitclaim Deed, said corner thence South 23 53 50 East, 135.22 feet; thence South 10 52 51 West, thence NORTH, 71.66 feet; thence North 79 07 09 West, 650.39 feet to the thence along said westerly line South 01 03 lo West, 1244.45 feet to the 110.03 feet, and North 28 24 50 West 45.42 feet to the TRUE POINT OF said centerline South 2547 08 West, 296.70 feet; thence SOUTH, 197.79 feet; South 10a52511I West, 106.15 feet; thence North 79 07 09 West, 215.87 feet; 79,32 feet; thence South 26 03 30 West, 105.92 feet; thence thence North 54 17 06 West, 304.47 feet; thence NORTH, 507.46 feet to thence along said Proposed Limit line and its northeasterly prolongation the thence along said centerline South 72 55 40 West, 747.08 feet; thence leaving following courses: North 39 29 27 East 118.70 feet, North 1 3 47 28 West of Survey; thence along said Limit Acquired line and said boundary line the 1940, Drawing No. 129-B, County Surveyor s Reference No. 6751) on said Record Ana River Improvement, Prado Dam, Plat of Land to be Acquired, dated April, Book 1473, Page 405 of said Official Records, said boundary being shown as Limit having a bearing of South 39 28 20 West and a length of 239.31 feet in the Acquired Per 4 (reference 4 stated as U.S. Army Corps of Engineers Map, Santa North 88 44 25 West, 1445.48 feet to a point on that certain course cited as BEGINNING; thence leaving said Limit Acquired line South 85 30 27 East, following courses: North 33 35 16 East 144.68 feet, and North 14D01149I East certain course having a bearing of N 88 44 25 W and a length of 1445.48, as said boundary line of Parcel 120 described in Final Judgment recorded April 17, 1941 in 394.84 feet to the centerline of Pine Avenue as shown on said Record of Survey; No. 2009-0189462 of Official Records in the Office of the County Recorder of said Barthelemy and Jean M. Barthelemy, recorded May 4, 2009 as Document County, lying within the land described as Parcel 1 in Quitclaim Deed to Roland H. County, described as fonows: State of California, per map recorded in 8ook 7, Page 9 of Maps, records of said That portion of Rancho El Rincon, in the City of Chino, County of San Bernardino, Parcel No.: 39-001.3 Facility No.: EO1PD Exhibit A-I
Page 13 of 25 Page 2 of 2 Raymoivera L.S. 8324 Date: () APPROVED See EXHIBIT B attached and by reference made a part. Containing 33.092 Acres, more or less. TRUE POINT OF BEGINNING. South 39 54 14 East 240.24 feet, and South 28 24 50 East 153.19 feet to the North 17 16 21 East 254.14 feet, North 44 0708 East 173.77 feet 1 North 57002135H East 2.92 feet, North 76a58102h1 East 338.70 feet, North 26 40 42 East 254.82 feet, North 33c4021 East 211.57 feet, North 42 17 18 East 278.46 feet, North 61 00 14 East 228.83 feet,
m >( 3 Li: N392927E 118.70 L2: N13 47 28 W 110.03 L3: N282450 W 45.42 14: N18 4652E 54.01 L5:NORTH 40.47 L6: N54 17 06 W 304.47 17: N3Y35 16 E 144.68 L8:N1401 49 E 394.84 LINE DATA Lg:N2547 08 E 296.70 L 10: N23 53 50W 135.22 Lii: N10 52 51 E 79.32 L12: N260330 E 105.92 113: N10 525rE 106.15 L14: N79 07 09 W 215.87 L15: NORTH 7166 L16: N57 02 35 t 2.92 UNTY OF L17: N26 40 42 E 254.82 118: N33 40 21 E 2H.57 L19: N6i 00 14 E 228.83 L20: N17 1621 E 254.14 L21; N44 07 08 E 173.77 L22: N2824 50 W 15319 BERNARDINO 400 200 I 0 400 800
Project Parcel No. 39-00 1.4 Access Easement Page 15of25 structures, or obstacles within the limits of the right-of-way; subject, however, to existing relocate said easement to another area within the property boundaries upon providing such relocation, all other terms and conditions of this easement shall remain unchanged. representative of DISTRICT, which approval shall not be unreasonably withheld. In the event of location. Such relocation shall also be subject to the prior written approval of the authorized DISTRICT with 60 days advance written notice of its intent to relocate and the specific intended GRANTOR s use of the Property, GRANTOR, at GRANTOR s sole cost and expense, may agrees that in the event said easement for access shall at any time materially interfere with easements for public roads and highways, public utilities, railroads and pipelines. DISTRICT fell and remove therefrom all trees, underbrush, obstructions, and any other vegetation, alteration, replacement of a road and appurtenances thereto; together with the right to trim, cut, by this reference made a part hereof, for the location, construction, operation, maintenance, across the land described in Exhibit B-I, and shown on Exhibit 8-2, both attached hereto and A perpetual non-exclusive and assignable easement for access and right of way in, on, over and Exhibit B
PRADO BASIN LEGAL DESCRIPTION Page 16 o25 Raymond J. Rivera L.S. 8324 / Date: 9.4.-/ A2/,. APPROVED See EXHIBIT B attached and by reference made a part. Containing 0.575 Acres, more or less. Beginning at the intersection of the westerly sideline of Chino-Corona Road as S.01 37 36 W., 43.00 feet to the point of beginning. S.88 44 25 E., 245.00 feet to said westerly sideline; thence S,88 44 25 E., 725.93 feet; thence N.01 15 35 E., 23.00 feet; thence N.88 44 25 W., 970.21 feet; thence NORTH, 20.00 feet; thence N.88 44 25 W., 1445.48 feet on said Record of Survey; thence along said line office of said County Recorder, with that line shown as shown on a map filed in book 97, pages 8 through 18 of Records of Survey in the No. 2009-0189462 of Official Records in the office of the County Recorder of said H. Barthelemy and Jean M. Barthelemy, recorded May 4, 2009 as Document county, lying within the land described as Parcel 1 in the quitclaim deed to Roland county, described as follows: State of California, as per plat recorded in book 7 of Maps, page 9, records of said That portion of Rancho El Rincon in the City of Chino, County of San Bernardino, Parcel No.: 39-001.4 Facility No.: E01PD Exhibit B-I
CITY CHINO l I 0 (II 1057-191-03 PARCEL 1 2009-0189462 O.R. N88 4425W 1445.48 I r - COUNTY BERNARDINO LiNE LI: NORTH 20.00 L2: N88 4425 W 725.93 L3: NO1 1535 E 13.00 L4 N88 4425 W 245.00 L5: N01 3736E 43.00 400 200 0
Exhibit C Fee Simple Interest Area Project Parcel No. 39-00 1.5 Page 18 of25
PRADO BASIN LEGAL DESCRIPTION Page 19 of 25 Raymover L.S. 8324 Date: APPROVED See EXHIBIT B attached and by reference made a part. Containing 2.086 Acres, more or less. S.85 30 27 E., 423.82 feet to a line that bears NORTH from the True Point of Beginning; thence SOUTH, 215.11 feet to the TRUE POINT OF BEGINNING. 3) N.28 24 50 W., 45.42 feet; thence leaving said Limit Acquired line 1) N.39 29 27 E., 118.70 feet, 2) N.1347 28 W., 110.03 feet, and continuing N.88 44 25 W., 450.27 feet to the boundary line of Parcel 120 described Plat of Land to be Acquired, dated April 1940, Drawing No. 129-B, County Acquired line and said boundary tine the following courses: as U.S. Army Corps of Engineers Map, Santa Ana River Improvement, Prado Dam, Records, said boundary being shown a Limit Acquired Per 4 (reference 4 stated in Final Judgment recorded April 17, 1941 in book 1473, page 405 of said Official N.8844 25 W., 970.21 feet to the TRUE POINT OF BEGINNING; thence N.88 44 25 W., 1445.48 feet on said Record of Survey; thence along said line office of said County Recorder, with that line shown as shown on a map filed in book 97, pages 8 through 18 of Records of Survey in the Surveyor s Reference No. 6751) on said Record of Survey; thence along said Limit Commencing at the intersection of the westerly sideline of Chino-Corona Road as No. 2009-0189462 of Official Records in the office of the County Recorder of said H. Barthelemy and Jean M. Barthelemy, recorded May 4, 2009 as Document county, lying within the land described as Parcel 1 in the quitclaim deed to Roland county, described as follows: State of California, as per plat recorded in book 7 of Maps, page 9, records of said That portion of Rancho El Rincon in the City of Chino, County of San Bernardino, Parcel No.: 39-001.5 Facility No.: EO1PD Exhibit C-i
CITY CHINO çh 1057-191-03 PARCEL 20O9-O189462 O.R. N88 4425W 1445.48 - rl COUNTY BERNARDINO C 3 (ii LINE DATA LI: N39 2927E 11870 L2: N13 4728W 110.03 L3: N28 2450 W 45.42 L4: N85 3027 W 423.82 L5:NOIUH 215.11 400 200
Temporary Construction Easements Project Parcel Nos. 39-001.6, 39-001.7 Page 21 of 25 however, to the GRANTOR, its heirs and assigns, all such rights and privileges as may be used the property for commencement of construction. including the right to borrow andlor deposit fill, spoil and waste material thereon, move, store perform any other work necessary and incident to the construction of the Prado Dam Project, without interfering with or abridging the rights and easement hereby acquired; subject, however, GRANTOR shall be given written notice by DISTRICT as to the date DISTRICT requires use of to existing easements for public roads and highways, public utilities, railroads and pipelines. construction and use by DISTRICT, its representatives, agents, and contractors as a work area, and remove equipment and supplies, erect and remove temporary structures on the land and to and any other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, made a part hereof, for a period not to exceed three years beginning with commencement of together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions, D-1 and D-3 and shown in Exhibit D-2 and D-4, both attached hereto and by this reference A temporary easement and right-of-way in, on, over and across the land described in Exhibit Exhibit D
PRADO BASIN LEGAL DESCRIPTION - Pa 9e22af25 Raymond J. RiveraL.S. 8324 I Date: Q1144 /t2jf_ APPROVED See EXHIBIT B attached and by reference made a part. Containing 0.760 Acres, more or less. Reference No. 6751> on said Record of Survey; thence along said Limit Acquired thence WEST, 157.00 feet; thence SOUTH, 140.00 feet to the TRUE POINT OF Land to be Acquired, dated April 1940, Drawing No. 129-B, County Surveyor s BEGINNING; thence continuing, S.85 30 27 E., 374.79 feet; thence BEGINNING. Army Corps of Engineers Map, Santa Ana River Improvement, Prado Dam, Plat of said boundary being shown a Limit Acquired Per 4 (reference 4 stated as U.S. Judgment recorded April 17, 1941 in book 1473, page 405 of said Official Records, N.88 44 25 W., 1445.48 feet on said Record of Survey; thence along said line N.88 44 25 W., 1420.48 feet to the boundary line of Parcel 120 described in Final office of the County Recorder of said county, with that line shown as NORTH, 55.36 feet; thence WEST, 216.63 feet; thence NORTH, 114.00 feet; said Limit Acquired line S.85 30 27 E., 49.03 feet to the TRUE POINT OF 2) N.13 47 28 W., 110.03 feet, and 3) N.28 24 50 W., 45.42 feet; thence leaving line and said boundary line the following courses: 1) N.3929 27 E., 118.70 feet, shown on a map filed in book 97, pages 5 through 18 of Records of Survey in the Commencing at the intersection of the westerly sideline of China-Corona Road as No. 2009-0189462 of Official Records in the office of the County Recorder of said H. Barthelemy and Jean M. Barthelemy, recorded May 4, 2009 as Document county, lying within the land described as Parcel 1 in the quitclaim deed to Roland county, described as follows: State of California, as per plat recorded in book 7 of Maps, page 9, records of said That portion of Rancho El Rincon in the City of China, County of San Bernardino, Parcel No.: 39-001.6 Facility No.: EOIPD Exhibit D-1
2 0 0 0 C) 0 C) 1 I LD z POC m >( 0 I.. 1 CITY OF CHINO c)4 0 c1i l I 0 0 APN 1057-191-03 PARCEL 1 2009-0189462 O.R. 25W \ \Yf I - r - I ri COUNTY OF SAN BERNARDINO - LINE Li: N39 29 27E 11830 L2: N13 4728 W 110.OY L3: N28 2450 W 4542 L4: N85 3027 W 49.O3 L5: N85 3027W 374.79 DATA L6: NORTH 5536 L7: WEST 216.63 L8: NORTH 114.00 L9:WEST 157.00 LiD: NORTJ-1 140.00 400 200 0 400 800
PRADO BASIN LEGAL DESCRIPTION Page 24 of 25 Raymon J. Rivera L.S. 8324 / Date: c/& // APPROVED See EXHIBIT B attached and by reference made a part. Containing 0.427 Acres, more or less. Beginning at the intersection of the westerly sideline of Chino-Corona Road as Beginning; thence SOUTH, 44.01 feet to the TRUE POINT OF BEGINNING. N.88 44 25 W., 90.00 feet to a line that bears NORTH from the True Point of thence N.88 44 25 W., 636.89 feet; thence N.01 1 535 E., 21.00 feet; thence BEGINNING; thence S.88 44 25 E., 725.93 feet; thence N.O1 15 35 E., 23.00 feet; N.88 44 25 W,, 970.21 feet; thence NORTH, 20.00 feet to the TRUE POINT OF office of said County Recorder, with that line shown as shown on a map filed in book 97, pages 8 through 18 of Records of Survey in the N.8844 25 W., 1445.48 feet on said Record of Survey; thence along said line No. 2009-0189462 of Official Records in the office of the County Recorder of said H. Barthelemy and Jean M. Barthelemy, recorded May 4, 2009 as Document county, lying within the land described as Parcel 1 in the quitclaim deed to Roland county, described as follows: State of California, as per plat recorded in book 7 of Maps, page 9, records of said That portion of Rancho El Rincon in the City of Chirio, County of San Bernardino, Parcel No.: 39-001.7 Facility No.: EO1PD Exhibit D3
POC (6 CITY CHINO i I C) c1i 0 1057-191-03 PARCEL I 2OO9O18942 N88 442SW 1445.48 BERNARDINO LINE DATA LI: NORTH 20.00 L2: N01 1535 E 23.00 L3: NO1 1535 E 21.00 L4: N88 4425 W 90.00 L5:NORTH 44.OV 400 200 400 800
/11 &n DECLARATION OF MAILING tj /r(&, rj iv1/7cts /LQ/-? (Name) (Title). / E /z /./4\L,3rc/, hereby declares as follows: (Department) That on April 15, 2014, I mailed, postage prepaid, a copy of the attached NOTICE OF INTENTION OF THE BOARD OF SUPERVISORS OF THE COU14TY OF ORANGE, CALIFORNIA, ACTING AS THE GOVERNING BOARD OF THE ORANGE COUISITY FLOOD CONTROL DISTRICT, TO CONSIDER FOR ADOPTION A RESOLUTION DETERMINING THE NECESSITY OF ACQUISITION BY EMINENT DOMAIN OF REAL PROPERTY to the record owner of the real property which may be acquired whose name and address appears on the last equalized assessment roll. The names and addresses of all persons the attached Notice was mailed to are as follows: HRB Properties, LLC 4497 N. Colpien Rd., # b, Tulare, CA 93 274-9626 Notice Recipients Names,nrI Ag1rIrp. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. California, this 15 th day of April, 2014. (Signature)