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1998 El Nin'o Storm Washes Out Lang Creek Bank and Trail A recreational path or trail existed' for some time prior to 1998. That year, swollen creek waters from an El Nin'o rain storm washed out trails and park property throughout the District including a section of trail on this Caltrans property making the trail impassable due to physical and topographic constraints including the creek itself, steep (and shear) creek banks, oak trees as well as the Caltrans safety fencing and freeway itself. The storm resulted in a disaster declaration and over the next 6 years, with the help of funds from the Federal Emergency Management Agency (FEMA) and guidance from California Office of Emergency Services (Cal OES), CRPD was able to repair El Niho storm damage at its trails and parks throughout the District. In 2004, the last remaining un -repaired and impassable trail was on this Caltrans property adjacent to the 23 Freeway. Despite years of effort working with various governmental agencies (FEMA, Cal OES, Caltrans, California Department of Fish and Game and Ventura County Watershed Protection District), CRPD could not find a cost-effective way to re-establish the recreational trail on this property. The location of the trail wash out is inaccessible to heavy equipment. Creek bank restoration work would require work in a jurisdictional red -line stream or substantial re-routing of a trail onto Caltrans freeway property or Ventura County Watershed Protection District Property along with potential creek crossings (and bridges). The oak tree density is so substantial along this section of the Lang Creek that oak tree removal and encroachment into oak trees would likely be necessary in order to re-establish a proper trail. CRPD Abandons & Relocates Trail to Conejo Creek South on East Side of 23 Freeway Due to the environmental, technical, regulatory and cost constraints associated with rebuilding the trail, in 2004 CRPD determined that reconstructing this trail was not feasible. Despite reasonable and diligent efforts to re-establish the trail, it became clear that "all or a portion of the leased property had ceased to be usable for park purposes" and that abandoning and re -locating the trail was a more reasonable course of action. The leased Caltrans property has not been used for park purposes for two decades. CRPD obtained project funding approval from FEMA and CalOES to relocate this north/south trail from the West side of the 23 Freeway to the East side of the 23 Freeway through Conejo Creek South Park which at the time was under construction for the new baseball field, new soccer fields, parking lot, lights, stormwater basin and multi -use recreational trail. Once this alternative trail was approved, CPRD considered the washed-out recreational trail on the west side of the 23 Freeway no longer necessary as there was a suitable alternative trail alignment. Without a viable trail, the Caltrans property on the West side of the 23 Freeway was no longer necessary for park purposes and CRPD considered the trail abandoned. Although Cal OES was notified and aware of the new trail alignment, it does not appear that CRPD notified Caltrans of this action. (see Exhibit 3, 11/29/2004 letter from Tex Ward to Cal OES) I The record is not clear whether there was a pre-existing publicly used social path/trail prior to execution of the 1976 Lease Agreement or whether a trail was developed sometime thereafter.