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W A T E R E N E R G Y L I F E RIVERSIDE PUBLIC UTILITIES • ' Board Memorandum P U B L I C U T I L I T I E S BOARD OF PUBLIC UTILITIES DATE: April 13, 2020 ITEM NO: 7 SUBJECT: AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS WITH THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR THE SALE OF A PARTIAL FEE INTEREST, A PERMANENT EASEMENT, AND A TWENTY-FOUR MONTH TEMPORARY CONSTRUCTION EASEMENT ON A PORTION OF CITY - OWNED LAND, IDENTIFIED AS ASSESSOR'S PARCEL NUMBER 0281-431-01, FOR THE REDLANDS PASSENGER RAIL PROJECT FOR A TOTAL REVENUE OF $60,500 ISSUE: Recommend that the City Council approve the Agreement of Purchase and Sale and Joint Escrow Instructions with the San Bernardino County Transportation Authority for the sale of a partial fee interest, a permanent easement, and a twenty-four month temporary construction easement on a portion of City - owned land, identified as Assessor's Parcel Number 0281-431-01, for the Redlands Passenger Rail Project for a total revenue of $60,500. RECOMMENDATIONS: That the Board of Public Utilities recommend that the City Council: Approve the Agreement of Purchase and Sale and Joint Escrow Instructions with the San Bernardino County Transportation Authority for the sale of a partial fee interest, a permanent easement, and a twenty-four month temporary construction easement on a portion of City -owned land, identified as Assessor's Parcel Number 0281-431-01, located at 1295 S. Waterman Avenue in San Bernardino for the amount of $60,500 in total revenue to the City; and 2. Authorize the City Manager, or designee, to execute the agreement, including making minor non - substantive changes, and to sign all documents necessary to complete the transaction. BACKGROUND: The San Bernardino County Transportation Authority (SBCTA) is continuing with plans to develop the Redlands Passenger Rail Project. The proposed project involves the extension of the passenger rail service along an approximate nine -mile corridor extending east from the San Bernardino Transit Center in the City of San Bernardino to the University of Redlands in the City of Redlands. On April 3, 2019, SBCTA adopted Resolutions of Necessity to Acquire the real property interests from the City of Riverside (City) and has entered into a tolling agreement with the City to voluntarily resolve this matter in order to avoid filing an eminent domain action in court against the City. DISCUSSION: On January 31, 2018, the City received an offer from SBCTA to acquire a permanent easement, a temporary construction easement, and a small portion of City -owned land identified as Assessor's Parcel