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BACKGROUND <br />When the City acquired the Bernal Property, an opportunity was created to reestablish a <br />historically degraded creek system to a more natural appearing and functioning <br />ecosystem for the use and enjoyment of the community. After meeting with the <br />environmental agencies and grant fund coordinators about the City plans for the creek, <br />staff was encouraged to apply for grant funding for the project. However, when the City <br />approached Zone 7, the owners of the creek, about the creek restoration project, Zone <br />7 indicated that their mission was limited to flood control, and if the City wanted to <br />pursue the creek restoration work, Zone 7 would be happy to deed the creek to the City. <br />The creek was subsequently deeded to the City prior to the beginning of restoration <br />work. It was understood by both Zone 7 staff and City staff that the existing outfall <br />structure, located where this creek joins the Arroyo de la Laguna, would continue to be <br />maintained by Zone 7. (An outfall structure was placed at the juncture of the creek and <br />the Arroyo de la Laguna in 1963 to pass water from a higher elevation to a lower <br />elevation to address the gradient differentials for the two channels and prevent erosion.) <br />At the time when the deed for the creek was received by the City, there was no <br />separate legal description for the outfall structure. Because the City was anxious to <br />move forward with the construction of the creek restoration project, the City proceeded <br />to accept the entire creek with the understanding that the City would prepare a legal <br />description for the ouffall structure so that maintenance of the structure could be deeded <br />back to Zone 7. <br />DISCUSSION <br />Since most of the work is now completed on the creek restoration project, staff feels that <br />it is the appropriate time to formally grant the maintenance rights for the outfall structure <br />back to Zone 7. Attached is a grant of easement to Zone 7 for the maintenance of this <br />outfall structure and an additional easement which grants Zone 7 access to the outfall <br />structure from Laguna Creek Lane. <br />Submitted by: <br />~~ / <br />~~~ ~ ~vy_ <br />Brian Dolan <br />Director of Community <br />Development <br />Fiscal Revie <br />: Approve by: <br />w <br />( <br />avid P <br />Culver Nelson Fialho <br />Finance Director City Manager <br />Attachments: <br />1. Vicinity Map/Easement Locations <br />2. Copy of easement deeds <br />~. <br />Page 2 of 2 <br />