2023-07-25; City Council; ; Accept Grant Deed and Temporary Construction Easement and approve other agreements needed for the El Camino Real Widening Project from Poinsettia Lane to Camino Vida Robl

CA Review GH
Meeting Date: July 25, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Brandon Miles, Associate Engineer
[email protected], 442-339-2745
Hossein Ajideh, Engineering Manager
[email protected], 442-339-2756
Subject: Accept Grant Deed and Temporary Construction Easement and approve other agreements needed for the El Camino Real Widening Project from Poinsettia Lane to Camino Vida Roble
District: 2
Reco
mmended Action
Adopt a resolution accepting a Grant Deed and a Temporary Construction Easement with the owners of Assessor Parcel Number 213-050-16-00 and authorizing the City Manager to execute a joint use agreement and consent agreement and covenant with San Diego Gas & Electric for the El Camino Real Widening Project from Poinsettia Lane to Camino Vida Roble.

Executive Summary
This project will widen northbound El Camino Real for approximately 1,500 feet from Cinnabar Way to Camino Vida Roble and restripe the northbound segment of El Camino Real from Poinsettia Lane to Camino Vida Roble to add a third vehicular through lane.

The City Council is being asked to accept a grant deed to complete the purchase of a small strip of land needed to widen El Camino Real, as well as a temporary access easement to an adjacent strip needed during construction. The City Council is also being asked to authorize the City Manager to execute the agreements needed to modify an existing easement that San Diego Gas & Electric (SDGE) holds within the project area.

The City Council’s approval is required because the City Council has the authority to accept real property interests and to execute the agreements with SDGE to modify the easement.

Explanation & Analysis
The project, the El Camino Real Widening from Poinsettia Lane to Camino Vida Roble Project, Capital Improvement Program Project No. 6072, is intended to improve the flow of traffic on El Camino Real, improve connectivity for pedestrians, and enhance bicycle safety with buffers to meet the requirements of the General Plan’s Mobility Element, which covers transportation, and the city’s Growth Management Plan. The project will also enhance safety with a new July 25, 2023
Item #3 Page 1 of 70

sidewalk and a buffered bicycle lane and street lighting on the east side of El Camino Real. It will also add landscaping and stamped concrete paving in the median. (Exhibit 2 is a location map.) To accommodate the wider roadway, the city needed to acquire approximately 22,800 square feet in a narrow strip of land along its southeastern edge, providing for a wider right-of-way.

The project also requires obtaining temporary access to an adjacent narrow strip of about 17,500 square feet for construction. (Detailed maps are included with the Grant Deed provided as Exhibit 1, Attachment A.)
The City Council authorized city staff and a city consultant to negotiate with the owners of the real property (APN 213-050-16-00) for the acquisition of the right-of-way and the temporary construction easement in November 2022. (Resolution No. 2022-259) Staff have now completed the negotiations and the property owners have accepted the fair market value offer for the real property interests, as shown in Exhibit 1, Attachment A.

Completing the project also requires modifying an easement granted to SDGE for access to its utility lines, because a portion of the project area encroaches into the area covered by the easement. To modify that easement, the city needs to update its joint use agreement, and consent agreement and covenant with the utility company. Staff have coordinated with SDGE to prepare new agreements to adjust the existing public road easement (the joint use agreement is provided as Exhibit 3; the consent agreement and covenant is provided as Exhibit

4.)
Staff recommend that the City Council accept the Grant Deed and a Temporary Construction Easement with the property owners of APN 213-050-16-00, and to authorize the City Manager to execute the joint use agreement, and consent agreement and covenant with SDGE for the total combined amount of $275,250.

Fiscal An alysis
The agreed-upon fair market value for both the grant deed and temporary construction easement is $260,000, which will be provided to the property owners.

An appraisal report estimated the fair market value for granting new public road easement rights within the boundaries of an existing SDGE gas line easement to be $15,000, and the administrative fees associated with the SDGE coordination are $250.

The fair market value of the property interests and new public road easement totals $275,250.

The project’s funding consists of $1.44 million federal grant and TransNet funds. 1 Sufficient
funding is available in the project account to pay for these property acquisition costs, as shown in the table below.

1 TransNet is a countywide sales tax collected to fund regional transportation projects.

July 25, 2023
Item #3 Page 2 of 70

Next Steps
Upon the City Council’s approval, the Grant Deed will be recorded by the County of San Diego, and funds will be released to the property owners. Once SDGE receives the recorded Grant Deed, it will finalize the joint use agreement and consent agreement and covenant with the California Public Utilities Commission after which funds will be released from the city to SDGE.

Upon completion of the property interest acquisitions, staff will request the federal grant funding from the California Department of Transportation and then bring the plans, specifications and contract documents to the City Council to obtain authorization to bid for construction of the project, which is expected to be in fall 2023. Finally, staff will return to the City Council with a recommendation to award a contract for construction of the project, which is expected to be in spring 2023.

Environmental E
valuation
In accordance with the California Environmental Quality Act and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff conducted an environmental impact assessment (an initial study) for the project. Project details, including analysis of potential environmental impacts, were described in the assessment. The Planning Commission reviewed and adopted the final mitigated negative declaration, initial study, and mitigation monitoring and reporting program for the proposed transportation improvements on June 1, 2022 (Planning Commission Resolution No. 7450). The proposed acquisitions are consistent with the findings and mitigation measures included and adopted as part of that document.

The project is exempt from National Environmental Policy Act review as outlined in N ational
Environmental Policy Act Regulation 23, which applies to federally funded projects receiving less than $5 million or with a total estimated cost of not more than $30 million. Caltrans’s determination of exclusion is recorded in a categorical exclusion determination form dated June 28, 2022.

El Camino Real Widening from Poinsettia Lane to Camino Vida Roble Capital Improvement Program Project No. 6072
Total appropriation to date $4,595,000
Total expenditures and encumbrances to date -$581,859
Total available funding $4,013,141
Real property acquisition - APN 213-050-16-00 -$205,659 Temporary construction easement - APN 213-050-16-00 -$52,128 Rounded-up appraisals total -$260,000
Appraisal cost - SDGE -$15,000
Administrative fee - SDGE -$250
Estimated payment remittance -$15,250
Appraisals and SDGE payment remittance total -$275,250
Remaining balance $3,737,891
July 25, 2023
Item #3 Page 3 of 70
Exhibits

1. City Council resolution

2. Location map

3. Joint Use Agreement with SDGE

4. Consent Agreement and Covenant with SDGE
July 25, 2023
Item #3 Page 4 of 70
RESOLUTION NO. 2023-209

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,

CALIFORNIA, ACCEPTING A GRANT DEED AND A TEMPORARY

CONSTRUCTION EASEMENT WITH THE OWNERS OF ASSESSOR PARCEL NUMBER 213-050-16-00 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A JOINT USE AGREEMENT AND CONSENT AGREEMENT AND

COVENANT WITH SAN DIEGO GAS & ELECTRIC FOR THE EL CAMINO REAL WIDENING PROJECT FROM POINSETTIA LANE TO. CAMINO VIDA ROBLf WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary, desirable and in the public interest to wi�en El Camino Real from Poinsettia Lane to Camino Vida Roble, Capital Improvement Program Project No. 6072, or Project; and WHEREAS, in keeping with the city's General Plan Mobility Element and Growth Management Plan, the Project will widen the northbound segment of El Camino Real from Cinnabar Way to Camino Vida Roble and restripe the northbound segment of El Camino Real from Poinsettia Lane to Camino Vida Roble to add a third vehicular through lane; and
WHEREAS, on Nov. 15, 2022, the City Council adopted Resolution No. 2022-259, authorizing the Project Manager Brandon Miles, Real Estate Manager Curtis Jackson, and consultant Dokken Engineering to negotiate with the property owners of Assessor Parcel Number, or APN, 213-050-16-00, or their agents, for acquisition of real property and a temporary construction easement for the widening of El Camino Real from Cinnabar Way to Camino Vida Roble; and WHEREAS, pursuant to Government Code Section 37350, the city has the power to purchase real property for the common benefit; and
WHEREAS, the city and the property owners have agreed to the fair market value for the sale of land to the city via a grant deed in fee simple and a temporary construction easement in the amount of $260,000; and
WHEREAS, with the acquisition of additional right-of-way from the property owners of APN 213- 050-16-00, the language to the existing easement with San Diego Gas & Electric, or SDGE, will need to be modified to accommodate a portion of the project improvements that encroach into SDGE's existing easement and the Joint Use Agreement, and Consent Agreement and Covenant with SDGE are the mechanisms to memorialize the required easement amendments; and Exhibit 1
July 25, 2023 Item #3 Page 5 of 70
WHEREAS, the fair market value for the granting of new public road easement rights within the boundaries of an existing SDGE gas line easement are $15,000, and the administrative fees associated with the SDGE coordination are $250; and
WHEREAS, sufficient funding, which consists of a federal grant and TransNet funds, is available in the project account to cover the fair market value and fees; and WHEREAS, staff recommend that the City Council authorize the City Manager to execute easements with the property owners of APN 213-050-16-00 and Joint Use Agreement, and Consent Agreement and Covenant with SDGE for El Camino Real Widening from Cinnabar Way to Camino Vida Roble; and
WHEREAS, consistent with the California Environmental Quality Act and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, staff conducted an environmental impact assessment for the project, including an analys!s of potential environmental impacts. The Planning Commission reviewed and adopted the final mitigated negative declaration, initial study, and mitigation monitoring and reporting program for the proposed transportation improvements on June 1, 2022 (Planning Commission Res�lution No. 7450), and the proposed acquisitions are consistent with the findings and mitigation measures included and adopted as part of that document; and
WHEREAS, the project is exempt from the National Environmental Policy Act, or NEPA, review pursuant to NEPA Regulations 23 CFR 771.117(c): activity (c)(23) - federally funded projects receiving less than $5 million or with a total estimated cost of not more than $30 million and the California Department of Transportation's determination of exclusion is recorded in a categorical exclusion determination form dated June 28, 2022.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. That the Grant Deed and Temporary Construction Easement with the property owners of APN 213-050-16-00 for El Camino Real Widening from Cinnabar Way to Camino Vida Roble, attached to this Resolution as Attachment A are accepted.

July 25, 2023 Item #3 Page 6 of 70

3. That the City Clerk is authorized to cause the original Grand Deed to be recorded in the Office of the County Recorder of the San Diego County, State of California, with the appropriate Certificate of Acceptance attached.

4. That the City Manager is hereby authorized to execute the Joint Use Agreement, and Consent Agreement and Covenant with San Diego Gas & Electric for El Camino Real Widening from Cinnabar Way to Camino Vida Roble.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of ,!Q!y, 2023, by the following vote,.to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

Bhat-Patel, Acosta, Burkholder, Luna.

None.

Blackburn.

None.
'Ii
KEITH BLACKBURN, Mayor
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�HERRY FREISINGER, City Clerk

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Attachment A
July 25, 2023
Item #3 Page 8 of 70

NO FEE DOCUMENT
Government Code §6103 & §27383

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Carlsbad
Public Works Engineering.
1635 Faraday Avenue
Carlsbad , CA 92008
APN: 213-050-16

GRANT DEED

SPACE ABOVE THIS LINE FOR RECORDER'S USE
No Docmnentar, Tax Due - R&T 11 922 (amended)
For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Andrew D .

Reintjes and Linda E. Reintjes , husband and wife as joint tenants . as to an undivided t/8th interes t, Anastazija Mitkevicius as Successor Trsutee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 114th interest, Alfon sa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011. as to an undivided 114th interest, Aldana Zmuidzinas , Trustee of The Aldana Zmuidzinas Family Trust under Declaration of Trust dated February 4 , 2014, as to an undivided 118th interest, Linus J . Raibys and Madeline A. Herrle. Trustees of the "Raibys- Herrle Family Trust" dated February 11. 2015 , as to an undivided 118th interest and Grazina Trasikis , a married woman . as her sole and separate property , as to an undivided 118th interest , hereby GRANTS, in fee simple , to the City of Carlsbad, a municipal corporation, for public purposes, including but not limited to street , highway , sewer , drainage , public utilities, and public access , in, upon, over, under, along and across all that real property situated in the City of Carlsbad , County of San Diego, State of California, described by the attached Exhibit "A" and depicted in Exhibit "B".

Executed by Grantor/Owner:

Andrew D. Reintjes and Linda E. Reintjes , husband and wife as joint tenants, as to an undivided 118th interest
By~-;f],~
Andrew D. Reintjes
Date : I() 2 /;p Z / ,2z; 2 5
7 /
By: ~4.../t,y ~ () h :., r-:-
Linda E. Reintjes ~r
Date : ~} "1 J o<:5 F I
July 25, 2023
Item #3 Page 9 of 70
Anastazija Mitkevicius as Successor Trsutee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an UQdivided 114th interest Anas taz a Mitkevicius, Successor Trustee
Date : ---------
Aldana Zmuidzinas, Trustee of The Aldana Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014, as to an undivided 118th interest
By:----- - --
Aldana Zmuidzinas, Trustee
Date: ---------
Alfonsa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 1 /4th interest
By:---------
Alfonsa Paziura, Trustee
Date: ---- -----
Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided 118th interest
By: ------ ---
Linus J. Raibys, Trustee
Date: ---------
By: ______ _
Madeline A. Herrle, Trustee
Date : _____ _
Grazina Trasikis, a married woman, as her sole and separate property, as to an undivided 118th interest By: --------
Grazina Trasikis
Date : ---------
July 25, 2023
Item #3 Page 10 of 70
Anastazija Mitkevicius as Successor Trsutee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 114th interest By: ---------
Anastazija Mitkevicius, Successor Trustee
Date: ________ _
Aldona Zmuidzinas, Trustee of The Aldona Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014, as to an undivided 118th interest
By: {2_
Aldona Z uidzinas, Truste
Date : J / >- ~ $~
Alfonsa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 114th interest
By: _______ _
Alfonsa Paziura, Trustee
Date: _______ _
Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided 118th interest
By: _______ _
Linus J. Raibys, Trustee
Date: ---------
By: _____ _
Madeline A. Herrle, Trustee
Date : _____ _
Grazina Trasikis, a married woman, as her sole and separate property, as to an undivided 118th interest By: _______ _
Grazina Trasikis
Date : ---------
July 25, 2023
Item #3 Page 11 of 70
Anastazija Mitkevicius as Successor Trustee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 114th interest By: ______ _
Anastazija Mitkevicius, Successor Trustee
Date : ------- -
Aldona Zmuidzinas, Trustee of The Aldona Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014, as to an undivided 118th interest
By: ---------
Aldona Zmuidzinas, Trustee
Date: - ----- --
Alfonsa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 114th interest
By. A .. r 1.~ 12
• 4 I:( ,,, J(, ~< < ~
Alfo nsa Piura, Trustee . .-A1'....._
Date: __ L.J_. -~ I e,_-_L.~---
Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided 118th interest
By: ---------
Linus J. Raibys, Trustee
Date: _______ _
By: _____ _
Madeline A. Herrle, Trustee
Date : ____ _ _
Grazina Trasikis, a married woman, as her sole and separate property, as to an undivided 118th interest By: ---------
Grazina Trasikis
Date: --------
July 25, 2023
Item #3 Page 12 of 70
Anastazija Mitkevicius as Successor Trsutee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 1 /4th interest By: ------ ---
Anastazija Mitkevicius, Successor Trustee
Date : ---------
Aldana Zmuidzinas, Trustee of The Aldana Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014, as to an undivided 118th interest
By: ---------
Aldana Zmuidzinas, Trustee
Date : ---- -----
Alfonsa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 1 /4th interest
By: ------- - -
Alfonsa Paziura, Trustee
Date : ------- --
Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided 118th interest
By: --"--=====---J-------1..<:......_ __ _
Linus J.

Date : 2 { I I / 2-!
s27t,«M;,~;17fik~
Madeline A. Herrle, Trustee
Date : 2.~/2 7- ( 21J Z.3
Grazina Trasikis, a married woman , as her sole and separate property, as to an undivided 118th interest By: --------
Grazina Trasikis
Date : ---------
July 25, 2023
Item #3 Page 13 of 70
Anastazija Mitkevicius as Successor Trsutee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 114th interest By:---------
Anastazija Mitkevicius , Successor Trustee
Date : ---------
Aldana Zmuidzinas , Trustee of The Aldana Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014 , as to an undivided 118th interest
By: -------- -A Id on a Zmuidzinas, Trustee
Date : ---------
Alfonsa Paziura , Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 114th interest
By: ----- ----A I fo n s a Paziura, Trustee
Date : ------- --
Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11 , 2015 , as to an undivided 118th interest
By: ---------
Linus J. Raibys , Trustee
Date: -------- -
By: ___ __ _
Madeline A. Herrle, Trustee
Date : - -----
Gra~ Tr~ikjs , a m~ wo~ an: as her sole and separate property, as to an undivided 118th interest By: ~ ~ / /40-:J-, J~
Grazina Trasikis
Date : ,7 -C ~ ;lo 23
July 25, 2023
Item #3 Page 14 of 70

ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of ~ ~~A-
County of £ vcQS\o\-e)
On~~~
Date
personally appeared
before me, -z'.nc.fa-,4r,-J Yorn~ ~ :Jl.,btv
Name, Title of Officer ~

NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) ,~are subscribed to the within instrument and acknowledged to me that,..hdshefthey executed the same in ~their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.

I ce1tify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing parag ra )h is true and correct.

I and official seal.

July 25, 2023
Item #3 Page 15 of 70

County of
On __ 2 /~tr_/_l_'3 _ _ before me, _ 4_· ~· _L_vl._c;_b~".1 ~'~N_ o ·~~-n.;1,__..._{Ji_Lt~h_l_"'c. ~ Date Name, Title of Officer
personally appeared ___ __,_A~V\'---'-u.._(_,b_~-_2_1'~J.._et _____ {Yl.__'---"'-~~_,f--+-k-Q_V_ t_c_-~_IA._S_· ____ _

NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.

Witness my hand and official seal.

Si~~
ft e OA AA ~
A. LUSBY
Notary Public · Califor: ii
Los Angeles County !:

Commission /I 241b155
y Comm. Expires Oct 9, 2026
July 25, 2023
Item #3 Page 16 of 70

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of Los Angeles
On March 15, 2023 before me, V.M. Cothran, notary public (insert name and title of the officer)
personally appeared Aldona Zmuidzinas
who proved to me on the basis of satisfactory evidence to be the perso whose name are subscribed to the within instrument and acknowledged to me that he/sfi'e/they execute the same in his/Iler/their authorized capaci~ , and that by his/f:le(/their signature(s) on the instrument the person.fs), or the entity upon behalf of which the perso~ acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature j/lk7 ~--'7L
'l -0 <> A rO t"> 0, Cr <> -Or «C:t,d>, -0-m:O: f
,-.. V. M. COTHRAN , 0 · COMM.# 2325l69 ~
CJ •• : NOTARY PUBLIC· CALIFORNIA G)
l SACRAMENTO COUNTY 0
J v v .;'"v CBMY· fXetREJ Af RJ 7 JW t
(Seal)
July 25, 2023
Item #3 Page 17 of 70

State of California
County of Los Angeles
on April 18, 2023 before me, V.M. Cothran, notary public (insert name and title of the officer)
personally appeared _A_l_fo_n_s_a_P_a_z_iu_r_a ____________________ _ who proved to me on the basis of satisfactory evidence to be the personfsj whose namefsj is/afe subscribed to the within instrument and acknowledged to me that Re/she/#ley-executed the same in AfS/her.ltReif authorized capacity~ , and that by AfS/her/tfleif signaturefsj on the instrument the personfsj, or the entity upon behalf of which the personfsj acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature vrn ~ (Seal)
July 25, 2023
Item #3 Page 18 of 70

ALL-PURPOSE ACKNOWLEDGMENT
A n otary public or other offic er completing this ce11ificate verifies only the identity of the individual who signed the document to which this ce11ificate is attached , and not the truthfulness , accuracy, or validity of that document.

State of Ca 11·fon21it
Countyof v~
On (4ebrua;t 11 J '2ff1<>
Dat
beforeme, cSfi2ve U/11 A/Qftl!fJ/-Publ/c
Nam e, Title ofOfficer
personally appeared -#-f ...... .1-.."!1'-=U....__6L_··_._M--'---'-1·~b-"f-'y---s ~{)i~Wl ............. d______._M~a~d~-e~/l~t'(J~~~A..._t/,_,__,.__&r;......,___._/__.-e __ , _

NAME(S) OF SIGN ER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signatures(s) on the instrument the per son(s), or the entity upon behalf of which the person( s) acted, executed the instrument.

I ce11ify under PENAL TY OF PERJURY under the laws of the State identified herein , that the foregoing paragraph is true and corr ect.

Witn ess my hand and official seal. STEVE LEV f
:c Notary Public - Californi:
i Ventura County J
Commission# 2318679 -
eeesoeee
Y Comm. Expires Jan 11, 2024
Signature of Notary
July 25, 2023
Item #3 Page 19 of 70

State of Ca/1/r:trtttd..

County of t/~llA'rA._..,
personally appeared --~.,.__
7 ,_n ..... a .... u=-.,_V..._/t___,L,.'"""----_Jn+-'----........ d..'-.>.,5~ 1·-Fk-i .... ·-:sL.--___________ _

NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State identified herein , that the foregoing paragraph is true and correct.

Wit11ess my hand and official seal.

STEVE LEV
Notary Public - California Q-
Ventura County s.

Signature of Ntary
~ · ._ .;- Commission It 2318679
~ ... , .. • My Comm, Expire; Jan 11, 2024
July 25, 2023
Item #3 Page 20 of 70
EXHIBIT "A"

LEGAL DESCRIPTION

RIGHT-OF-WAY ACQUISITION
APN 213-050-16
THAT PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF

CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A BRASS DISC STAMPED "CLSB-069 L.S. 6215" IN A CONCRETE CURB SHOWN AS "PT 69" ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS SOUTH 7°07'58" WEST 7837.81 FEET FROM A BRASS DISC STAMPED "ACE 26433" IN A CONCRETE CURB SHOWN AS "PT 97" ACCORDING TO SAID RECORD OF SURVEY MAP NO. 17271; THENCE NORTH 4°21'26" EAST 2662.88 FEET TO THE INTERSECTION OF THE SOUTH LINE OF SAID RANCHO

AGUA HEDIONDA WITH THE EASTERLY LINE OF LAND DESCRIBED IN DEEDS TO THE COUNTY OF SAN DIEGO, ROAD SURVEY NO. 1800-1, RECORDED MARCH 12, 1970 AS DOCUMENT NOS. 44690 AND 44691 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING;

1. THENCE ALONG SAID EASTERLY LINE NORTH 37°03'22" EAST 975.25'

FEET TO THE SOUTHWESTERLY CORNER OF AN EASEMENT FOR
COUNTY HIGHWAY RECORDED JUNE 11, 1943 AT BOOK 1516, PAGE 79 OF OFFICIAL RECORDS;

2. THENCE LEAVING SAID EASTERLY LINE ALONG THE EASTERLY LINE OF SAID EASEMENT FOR COUNTY HIGHWAY NORTH 37°03'22" EAST 81.58 FEET TO THE BEGINNING OF A TANGENT 1530.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;

3. THENCE CONTINUING ALONG SAID EASTERLY LINE NORTHEASTERLY

ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
13°47'17" A DISTANCE OF 368.19 FEET TO A POINT IN THE SOUTHERLY

LINE OF A PUBLIC STREET AND PUBLIC UTILITY EASEMENT RECORDED NOVEMBER 20, 2006 AS DOC. NO. 2006-0823804 OF OFFICIAL RECORDS;

4. THENCE LEAVING SAID EASTERLY LINE ALONG SAID SOUTHERLY LINE SOUTH 69°02'53" EAST 5.26 FEET TO AN ANGLE POINT THEREIN;

5. THENCE CONTINUING ALONG' SAID SOUTHERLY LINE NORTH 20°57'07" EAST 12.00 FEET TO AN ANGLE POINT THEREIN;

6. THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 69°02'53" EAST 2.94 FEET TO THE BEGINNING OF A NON-TANGENT 1863.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY THAT IS 63.00 FEET

SOUTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF SAID ROAD SURVEY NO. 1800-1, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°13'14" EAST;

7. THENCE LEAVING SAID SOUTHERLY LINE SOUTHWESTERLY ALONG THE

ARC OF SAID PARALLEL CURVE THROUGH A CENTRAL ANGLE OF
14°16'36" A DISTANCE OF 464.21 FEET;

8. THENCE CONTINUING ALONG A LINE THAT IS 63.00 FEET
SOUTHEASTERLY OF, AND PARALLEL TO SAID ROAD SURVEY 1800-1 PAGE 1 OF 2
July 25, 2023
Item #3 Page 21 of 70
SOUTH 37°03'22" WEST 962.54 FEET TO SAID SOUTH LINE OF SAID RANCHO AGUA HEDIONDA;

9. THENCE LEAVING SAID PARALLEL LINE ALONG SAID SOUTH LINE NORTH 89°26'23" WEST 22.39 FEET TO THE TRUE POINT OF BEGINNING.

AREA= 22,851 SF, MORE OR LESS (BASED ON GROUND DISTANCES).

SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF.

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35 (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY

0.999954050 TO OBTAIN GROUND DISTANCES.
1-28-2021
PAGE 2 OF 2
July 25, 2023
Item #3 Page 22 of 70
0 100
I

EXHIBIT
A STATION 97
___ ____.I If/ PER ROS
I 17271
200 400 I CAMINO
I
I VIDA
-;... 1 ROBLE ~ I
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LEGEND
~
/ MAP 15731 ~
I
SPER (
y
NOTE: SEE SHEET 4 FOR TABULATED
LINE AND CURVE DATA.

RIGHT-OF-WAY ACQUISITION (ACQ)
AREA = 22,851 SF, MORE OR LESS

TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 17,548 SF, MORE OR LESS
CQ .. ~ ~ /
~~ \
T.P.O.B. TRUE POINT OF BEGINNING
REVISED BY:

DRAWN BY: KA
CHECKED BY: JR
APPROVED BY:
_..._~ '\ ' 'cj,_ '§,_ \ /
~ \ \ I P.O.B.
'\_'I,/ STATION 69
& PER ROS 17271
DATE:

DATE: 1-28-21
DATE: 1-28-21
DATE:

P.O.B. POINT OF BEGINNING
E1
A
SEE EASEMENT LEGEND ON SHEET 4
CONTROL POINT PER ROS 17271
SHEET 1 OF 4 SHEETS

EL CAMINO REAL WIDENING
SCALE
1· = 200'
POR. LOT •G• OF RANCHO AGUA HEOIONDA,
DOC. NO.

MAP NO. 823

GRAZINA TRASIKIS
DWG. NO.

July 25, 2023
Item #3 Page 23 of 70
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July 25, 2023
Item #3 Page 24 of 70
REVISED BY:

DRAWN BY: KA
CHECKED BY: JR
APPROVED BY:
f i..._____
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SEE ABO LEcl \ ___
DATE:

DATE: 1-28-21
DATE: 1-28-21
DATE:

EL CAMINO REAL WIDENING
POR. LOT •G• OF RANCHO AGUA HEDIONDA,
MAP NO. 823

GRAZINA TRASIKIS
DWG. NO.

July 25, 2023
Item #3 Page 25 of 70

LINE TABLE
LINE NO. DIRECTION LENGlH
L1 S 69"02'53• E 5.26'
L2 N 20°57'07• E 12.00'
L3 S 69"02'53• E 2.94'
L4 N 37"03'22• E 240.42'
L5 N 52°56'38• W 10.23'
L6 N 37"03
1 22• E 42.00'
L7 S 52°56
1 38• E 14.23'

CURVE TABLE
CURVE NO. DELTA RADIUS LENGlH
C1 1y47•17• 1530.00' 368.19'
C2 14,5•35• 1863.00' 464.21'
CJ 0925•33• 1873.00' 13.92'
C4 5•34'38• 1873.00' 182.32'
REVISED BY: DATE:

DRAWN BY: KA DATE: 1-28-21
CHECKED BY: JR DATE: 1-28-21
APPROVED BY: DATE:

EASEMENT LEGEND
E1 RIGHT TO EXlEND DRAINAGE STRUClURES AND

EXCAVATION AND/OR EMBANKMENT SLOPES FOR
CONSTRUCTION AND MAINlENANCE OF lHE
ADJACENT PUBLIC HIGHWAY REC. 3/12/1970
AT FlLE/PAGE NO. 44690 O.R.

E2 SEWER EASEMENT IN FAVOR OF SAN MARCOS
WATER DISTRICT REC. 3/28/1969 AT FlLE/PAGE
NO. 54499 O.R.

E3 EASEMENT FOR COUNTY HIGHWAY WllH RIGHT TO
EXlEND DRAINAGE STRUClURES AND EXCAVATION
AND EMBANKMENT SLOPES BEYOND RIGHT-Of-WAY
REC. 6/11/1943 AT BK. 1516, PG. 79 O.R.

E4 GAS LINE EASEMENT IN FAVOR OF SDG&:E REC.
6/27/1960 AT FlLE/ PAGE NO. 129530 O.R.

E5 PUBLIC STREET AND PUBLIC UTIUlY
EASEMENT REC. 11/20/2006 AS DOC.

NO. 2006-0823804 O.R.

SHEET 4 OF 4 SHEETS

EL CAMINO REAL WIDENING
SCALE
1· = 40'
POR. LOT •G• OF RANCHO AGUA HEDIONDA,
DOC. NO.

MAP NO. 823 DWG. NO.

GRAZINA TRASIKIS
July 25, 2023
Item #3 Page 26 of 70

CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDATION
This is to certify that the interest in real property conveyed by the Grant Deed from Andrew D. Reintjes and Linda E. Reintjes, husband and wife as joint tenants, as to an undivided 118th interest, Anastazija Mitkevicius as Successor Trsutee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 114th interest, Alfonsa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 114th interest, Aldona Zmuidzinas, Trustee of The Aldona Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014, as to an undivided 118th interest, Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided 118th interest and Grazina Trasikis, a married woman, as her sole and separate property, as to an undivided 118th interest, to the City of Carlsbad, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Carlsbad, a municipal corporation, in accordance with the provisions of Government Code section 27281, and the Grantee consents to recordation thereof by its duly authorized officer.

By: ____________________ Dated: __________ _
Name
Title
July 25, 2023
Item #3 Page 27 of 70

NO FEE DOCUMENT
Government Code §6103 & §27383

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad , CA 92008

SPACE ABOVE THIS LINE FOR RECORDER'S USE
No Documentary Tax Due - R&T 11922 (amended)

TEMPORARY CONSTRUCTION EASEMENT
For a valuable consideration receipt of which is hereby acknowledged, Andrew D. Reintjes and Linda E.

Reintjes, husband and wife as joint tenants, as to an undivided 118th interest, Anastazija Mitkevicius as Successor Trustee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 114th interest, Alfonsa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 114th interest, Aldona Zmuidzinas, Trustee of The Aldona Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014, as to an undivided 118th interest, Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided 118th interest and Grazina Trasikis, a married woman, as her sole and separate property, as to an undivided 118th interest ("Grantor") hereby grants unto the City of Carlsbad, a municipal corporation, ("City" and/ or "Grantee"), its successors and assigns, the exclusive right, on a temporary basis, to enter and utilize certain real property in the County of San Diego, State of California described in Exhibit "A" and depicted in Exhibit "B", attached hereto and made part hereof (the "Property").

This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of constructing the El Camino Real Widening Project, a public project (the "Project"), and gives City, its successors and assigns, including City's contractor(s), the power to perform all activities necessary for the construction and completion of the Project, inclusive of ingress and egress , and necessary appurtenances thereto, in, over, across, along, through and under the Prope11y.

It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on January 31, 2026, or completion of the project, whichever occurs first. At the expiration of the Temporary Construction Easement , City shall restore the easement area to a condition substantially the same condition as existed before construction to the extent feasible, unless otherwise agreed to by the Grantor.

This instrument may be executed in counterpat1s, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. 1078843 .1
July 25, 2023
Item #3 Page 28 of 70
GRANTOR:

Andrew D. Reintjes and Linda E. Reintjes,
husband and wife as joint tenants, as to an
undivided 1 /8th interest
By ~,if;.,,1<2,,;;;J,~
A~~D. Reintjes /
Date: c?2 / ~ Z / "2-CI Z-5
Tl
By:~L f -~
Linda E. Reintjes
Anastazija Mitkevicius as Successor Trsutee of
the Albinas Mitkevicius and Anastazija
Mitkevicius Living Trust Agreement, as to an
undivided 114th interest
By: _________ _ _
Date :

Anastazija Mitkevicius, Successor
Trustee
-------------
Aldana Zmuidzinas, Trustee of The Aldana
Zmuidzinas Family Trust under Declaration of
Trust dated February 4, 2014, as to an undivided
1 /8th interest
By:------------ -
Aldana Zmuidzinas, Trustee
Date: -------------
1078843 1
Alfonsa Paziura, Trustee of the Alfonsa Paziura
Revocable Trust dated August 30, 2011, as to an
undivided I /4th interest
By: _ _ _ _______ _
Alfonsa Paziura, Trustee
Date: _____ _______ _
Linus J. Raibys and Madeline A. Herrle, Trustees
of the "Raibys- Herrle Family Trust" dated
February 11, 2015, as to an undivided ]/8th
interest
By: ________ __ _
Linus J. Raibys, Trustee
Date: _____ ______ _ _
By: ____ ______ _
Madeline A. Herrle, Trustee
Date : _____ _______ _
Grazina Trasikis, a married woman, as her sole
and separate property, as to an undivided 1 /8th
interest
By: ____ _ _____ _
Grazina Trasikis
Date : ____________ _
July 25, 2023
Item #3 Page 29 of 70
GRANTOR:

Andrew D. Reintjes and Linda E. Reintjes,
husband and wife as joint tenants, as to an
undivided 1 /8th interest
By: _________ _
Andrew D. Reintjes
Date: -------------
By : __________ _
Linda E. Reintjes
Date: _____ ____ _
Anastazija Mitkevicius as Successor Trsutee of
the Albinas Mitkevicius and Anastazija
Mitkevicius Living Trust Agreement, as to an
undivi~ed I/4th interest w
B :l/i.Cf~4 &lit."
Ana tazija Mitkevicius, Successor
Trustee
Date : _ __________ _
Aldona Zmuidzinas, Trustee of The Aldona
Zmuidzinas Family Trust under Declaration of
Trust dated February 4, 2014, as to an undivided
118th interest
By: ----------
Aldona Zmuidzinas , Trustee
Date : ____ ________ _
I 078843 I
Alfonsa Paziura, Trustee of the Alfonsa Paziura
Revocable Trust dated August 30, 2011, as to an
undivided 1 /4th interest
By : _ ____ _ ______ _
Alfonsa Paziura, Trustee
Date: ____________ _
Linus J. Raibys and Madeline A. Herrle, Trustees
of the "Raibys- Henle Family Trust" dated
February 11, 2015, as to an undivided I/8th
interest
By : __________ _
Linus J. Raibys , Trustee
Date : ____________ _
By: _____ _____ _
Madeline A. HeJTle, Trustee
Date: ____________ _
Grazina Trasikis , a married woman, as her sole
and separate property , as to an undivided 118th
interest
By: __________ _
Grazina Trasikis
Date : ____________ _
July 25, 2023
Item #3 Page 30 of 70
GRANTOR:

Andrew D. Reintjes and Linda E. Reintjes,
husband and wife as joint tenants, as to an
undivided 1 /8th interest
By : ________ __ _
Andrew D. Reintjes
Date : ----- --------
By: _________ _ _
Linda E. Reintjes
Date : ____ _____ _
Anastazija Mitkevicius as Successor Trsutee of
the Albinas Mitkevicius and Anastazija
Mitkevicius Living Trust Agreement, as to an
undivided I/4th interest
By:------- ---
Anastazija Mitkevicius, Successor
Trustee
Date : _________ ___ _
Al dona Zmuidzinas , Tru stee of The Aldona
Zmuidzinas Family Trust under Declaration of
Trust dated February 4, 2014, as to an undivided
I /8th P)ere t ---
By : r£,,
Date : ___;;:3=---. _l f'--~-_J_-"""-'S, __ _
I 078843, I
Alfonsa Paziura, Trustee of the Alfonsa Paziura
Revocable Trust dated August 30, 2011, as to an
undivided 1 /4th interest
By: _____ ____ _ _
Alfonsa Paziura, Trustee
Date: ____________ _
Linus J. Raibys and Madeline A. Henle, Trustees
of the "Raibys- Herrle Family Trust" dated
February 11, 2015 , as to an undivided I/8th
interest
By : ________ _ _ _
Linus J. Raibys , Trustee
Date : ____________ _
By : __________ _
Madeline A. Henle , Trustee
Date : ____________ _
Grazina Trasikis, a married woman , as her sole
and separate property , as to an undivided I /8th
interest
By:----------
Grazina Trasikis
Date : ____________ _
July 25, 2023
Item #3 Page 31 of 70
GRANTOR:

Andrew D. Reintjes and Linda E. Reintjes,
husband and wife as joint tenants, as to an
undivided I/8th interest
By: _ ____ _____ _
Andrew D. Reintjes
Date: _ _____ _____ _
By: __________ _
Linda E. Reintjes
Date: _ ________ _
Anastazija Mitkevicius as Successor Trustee
of the Albinas Mitkevicius and Anastazija
Mitkevicius Living Trust Agreement, as to an
undivided 114th interest
By: ______ _ _ __ _
Anastazija Mitkevicius, Successor
Trustee
Date: _ ____ _______ _
Aldana Zmuidzinas, Trustee of The Al dona
Zmuidzinas Family Trust under Declaration of
Trust dated February 4, 2014, as to an undivided
1 /8th interest
By: __________ _
Aldana Zmuidzinas , Trustee
Date: _ ____ _______ _
I
1078843.1
Alfonsa Paziura, Trustee of the Alfonsa Paziura
Revocable Trust dated August 30, 2011, as to an
undivided 114th interest
A., <-<.- I
By: ___ __,, ..........,c....a..1-_.1"""','---_.__ -=._..,_ __.......,._ Alfon :a Paziura, Trustee
Linus J. Raibys and Madeline A. Herrle, Trustees
of the "Raibys- Herrle Family Trust" dated
February 11, 2015, as to an undivided I/8th
interest
By: ____ ______ _
Linus J. Raibys, Trustee
Date: ________ ___ _
By: - ------------
Madeline A. Herrle, Trustee
Date: _ ____ ______ _
Grazina Trasikis, a married woman, as her sole
and separate property, as to an undivided I/8th
interest
By: __________ _
Grazina Trasikis
Date: ________ ___ _
July 25, 2023
Item #3 Page 32 of 70
GRANTOR:

Andrew D. Reintjes and Linda E. Reintjes,
husband and wife as joint tenants, as to an
undivided I/8th interest
By: __________ _
Andrew D. Reintjes
Date: ____________ _
By: __________ _
Linda E. Reintjes
Date: _________ _
Anastazija Mitkevicius as Successor Trsutee of
the Albinas Mitkevicius and Anastazija
Mitkevicius Living Trust Agreement, as to an
undivided 1 /4th interest
By: ________ __ _
Anastazija Mitkevicius, Successor
Trustee
Date : _ _________ __ _
Aldana Zmuidzinas, Trustee of The Aldana
Zmuidzinas Family Trust under Declaration of
Trust dated February 4, 2014, as to an undivided
I/8th interest
By: --------------
Aldana Zmuidzinas, Trustee
Date: ____________ _
1078843 l
Alfonsa Paziura, Trustee of the Alfonsa Paziura
Revocable Trust dated August 30, 2011, as to an
undivided I/4th interest
By : ________ __ _
Alfonsa Paziura, Trustee
Date: ________ _ ___ _
Linus J. Raibys and Madeline A. Herrle, Trustees
of the "Raibys- Herrle Family Trust" dated
February 11, 2015, as to an undivided I/8th
interest
c..

By: - -:c...=- '--"------.1--~------
ys, Trustee
Date : i I / ] { l, ~
B~&&M{J
Madeline A. Herrl e Trustee
Date : _ _ :2/--+-----f~C------1!~;)_- o :l...----'-=d_ Grazina Trasikis, a married woman, as her sole
and separate property, as to an undivided 1 /8th
interest
By : ______ _ ___ _
Grazina Trasikis
Date : -------------
July 25, 2023
Item #3 Page 33 of 70
GRANTOR:

Andrew D. Reintjes and Linda E. Reintjes,
husband and wife as joint tenants, as to an
undivided 118th interest
By: ____ ______ _
Andrew D. Reintjes
Date : ___ _ _______ _
By: __________ _
Linda E. Reintjes
Date : ________ _
Anastazija Mitkevicius as Successor Trsutee of
the Albinas Mitkevicius and Anastazija
Mitkevicius Living Trust Agreement, as to an
undivided I/4th interest
By: ____ _____ _ _
Anastazija Mitkevicius, Successor
Trustee
Date: _________ __ _
Aldona Zmuidzinas , Trustee of The Aldona
Zmuidzinas Family Trust under Declaration of
Trust dated February 4, 2014, as to an undivided
1 /8th interest
By : _____ _____ _
Aldona Zmuidzinas , Trustee
Date : _ ____ ______ _
I 078843.1
Alfonsa Paziura, Trustee of the Alfonsa Paziura
Revocable Trust dated August 30, 2011, as to an
undivided I/4th interest
By:---- - --------
Alfonsa Paziura , Trustee
Date: ____________ _
Linus J. Raibys and Madeline A. Herrle, Trustees
of the "Raibys- Herr le Family Trust" dated
February 11, 2015, as to an undivided I/8th
interest
By: __________ _
Linus J. Raibys , Trustee
Date : ____________ _
By: ______ _ ___ _
Madeline A. Henle, Trustee
Date : ____________ _
Grazina Trasikis, a married woman, as her sole
and separate property , as to an undivided I/8th
interest
By: ~~ / ~·~
Grazina Trasikis
Date : _~_-_6_--_M __ ~-~---
July 25, 2023
Item #3 Page 34 of 70

ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this ce1tificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On ·Af7b -~ -~?3
Date
before me, £ti LuL l\lJ..) =1):.m l./Y,t)e £.J , J\,O~~J::t.__., Name, Title of Officer \.J > '
personally appeared A'.~C~-.J J2 .'1..etnv~ aQ2\ .Ua4 {/.12-e-trn--re-s

NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) µ;hire subscribed to the within instrument and acknowledged to me that pds,bdthey executed the same in h,is?~their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.

I 078843.1

ERICAANN DOMINGUEZ
Notary Pub/le • California
~ Riverside County J
,~ Commlnlon I 2 ◄ 1-t53l -
Ntt Comm. Expires Sep 29, 2026
July 25, 2023
Item #3 Page 35 of 70

ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this ce1tificate verifies only the identity of the individual who signed the document to which this ce1tificate is attached, and not the truthfulness, accuracy, or validity of that document.

County of
Name, Title f Officer
personally appeared ---=--A--'--_l/l_t\._J_·:b..___2-_;-+j ~-' __ (}1__,~f'_j.___k_t_V--=----t,_C_l"'_IA_S-______ _

NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I ce1tify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.

Witness my hand and official seal.
~
Signature of Notary
1078843 .1
eooeeeeef
A. LUSBY
Notary Public• Callfornla :

Los Angeles County s:

Commission 112416155 -
y Comm. Expires Oct 9, 1026
July 25, 2023
Item #3 Page 36 of 70

State of California
County of Los Angeles
On March 15, 2023 before me, V.M. Cothran, notary public (insert name and title of the officer)
personally appeared Aldana Zmuidzinas ,
who proved to me on the basis of satisfactory evidence to be the person.~ ) whose name{i)d§}/are subscribed to the within instrument and acknowledged to me that he/ffue/they executed the same in his/t@ttheir authorized capacit~ s), and that by his/tref-/their signatur~ on the instrument the perso~ or the entity upon behalf of which the persop.(-sf acted , executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature J/q ;;h:z!i;a;?Z (Seal)
July 25, 2023
Item #3 Page 37 of 70

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached , and not the truthfulness , accuracy , or
validity of that document.

State of California
County of Los Angeles
On April 18, 2023 before me, V.M. Cothran, notary public (insert name and title of the officer)
personally appeared _ A_l_fo_n_s_a_P_a_z_iu_r_a ________ ____________ _ who proved to me on the basis of satisfactory evidence to be the person(-st whose name(-st is/are subscribed to the within instrument and acknowledged to me that Re/she/tRey executed the same in RtS/herf#:leH: authorized capacityf¼est, and that by RtS/her/t-Aeif signature(-st on the instrument the person(-st, or the entity upon behalf of which the person(-st acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature !/Ill ~ {kl/h_,., (Seal)
July 25, 2023
Item #3 Page 38 of 70

State of _C ..... tt"-'-_,_,_( ,__,_f-"'·f)~aJ~I a~-
County of _\(c-----=-aJ~±~<Ai~yti\.~_
On ff hnArlMJ 1-1, zPZo before me, 0±we Le)li !VofaJrf/ Atbl,c Oa-ie' Name, Title of fficer
personally appeared L,-mus s 'iZ.fl,' by.s aJV!t( Madel,he A. li-flrcle.

NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.

Witness my hand and official seal.

Signatur?Jit,ry
1078843 ,1
July 25, 2023
Item #3 Page 39 of 70

ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this ce1tificate verifies only the identity of the individual who signed the document to which this ce1tificate is attached , and not the truthfulness, accuracy , or validity of that document.

State of Ca /1:foYJllt Q
County of (/eA!r/U&1A
On -ff}b,ru,avv (p ,' 7Jn3 before me, _ __,( .... 5-n~~:....,:.._=--.... /~ /?A.&.......1-f---+-,A"'"-'t"'-+-n-Mi1---'-Al1+--1 _Pti_u_b_li_rc_· _ Date / Name, Title ~ceiJ~
personally appeared __ (q+-'---cd,=--7_J .... .....,YJ-f! ...... • ""-' _ fr,_,1715~~l~'f~~~~-S~---------- NAME(S) OF SlGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.

Witness my hand and official seal.

STEVE LEV
Signature of Notary
:; l Notary Public • California ~
~ :; Venrura County ~
~ Commission I/ 2318679 -
y C()mm. Expires Jan 11, 2024
I 078843, 1
July 25, 2023
Item #3 Page 40 of 70

EXHIBIT
11 A
11 LEGAL DESCRIPTION

TEMPORARY CONSTRUCTION EASEMENT
APN 213-050-16
THAT PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF

CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896 MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A BRASS DISC STAMPED "CLSB-069 L.S. 6215" IN A CONCRETE CURB SHOWN AS "PT 69" ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS SOUTH 7°07'58" WEST 7837.81 FEET FROM A BRASS DISC STAMPED "RCE 26433" IN A CONCRETE CURB SHOWN AS "PT 97" ACCORDING TO SAID RECORD OF SURVEY MAP NO. 17271; THENCE NORTH 4°21 '26" EAST 2662.88 FEET TO THE INTERSECTION OF THE SOUTH LINE OF SAID RANCHO

63.00 FEET SOUTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF SAID ROAD SURVEY NO. 1800-1, SAID POINT BEING THE TRUE POINT OF BEGINNING;

1. THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89°23'55" EAST

13.17 FEET;

2. THENCE LEAVING SAID SOUTH LINE NORTH 42°53'01" EAST 135.04 FEET;

3. THENCE NORTH 37°13'09" EAST 28.13 FEET;

4. THENCE NORTH 19°51'28" EAST 56.52 FEET;

5. THENCE NORTH 33°03'03" EAST 23.95 FEET;

6. THENCE SOUTH 52°56'38" EAST 14.23 FEET;

7. THENCE NORTH 37°03'22" EAST 42.00 FEET;

8. THENCE NORTH 52°56'38" WEST 10.23 FEET;

9. THENCE NORTH 37°03'22" EAST 240.42 FEET;

10. THENCE NORTH 42°23'18" EAST 75.33 FEET;

11. THENCE NORTH 37°03'22" EAST 225.00 FEET;

12. THENCE NORTH 31°43'26" EAST 75.33 FEET;

13. THENCE NORTH 37°03'22" EAST 56.94 FEET TO THE BEGINNING OF A TANGENT 1873.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY;

14. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°34'38" A DISTANCE OF 182.32 FEET TO THE EASTERLY BOUNDARY OF SAID LOT "G" AS SHOWN ON RECORD OF SURVEY NO. 6493 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;

15. THENCE ALONG SAID EASTERLY BOUNDARY NORTH 27°20'31" EAST 270.24 FEET TO THE BEGINNING OF A NON-TANGENT 1873.00-FOOT

RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 66°47'42" EAST;

16. THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°25'33" A DISTANCE OF 13.92 FEET;
PAGE 1 OF2
July 25, 2023
Item #3 Page 41 of 70

17. THENCE NORTH 67°13'14" WEST 10.00 TO THE BEGINNING OF A NON TANGENT 1863.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY THAT IS 63.00 FEET SOUTHEASTERLY OF, AND PARALLEL TO, THE CENTERLINE OF SAID ROAD SURVEY NO. 1800-1, A RADIAL LINE TO SAID POINT BEARS SOUTH 67°13'14" EAST;

18. THENCE SOUTHWESTERLY ALONG THE ARC OF SAID PARALLEL CURVE THROUGH A CENTRAL ANGLE OF 14°16'36" A DISTANCE OF 464.21 FEET;

19. THENCE CONTINUING ALONG A LINE THAT IS 63.00 FEET
SOUTHEASTERLY OF, AND PARALLEL TO SAID ROAD SURVEY 1800-1 SOUTH 37°03'22" WEST 962.54 FEET TO THE TRUE POINT OF BEGINNING.

AREA= 17,548 SF, MORE OR LESS (BASED ON GROUND DISTANCES).

SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF.

THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83, EPOCH 1991.35 (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY

0.999954050 TO OBTAIN GROUND DISTANCES.
1-28-2021
PAGE 2 OF2
July 25, 2023
Item #3 Page 42 of 70
0 100
I

EXHIBIT
A STATION 97
___ ____,I /fl PER ROS
I 17271 200 400
1 CAMINO
I VIDA
ROBLE
SPER (
y
- I
~ I
:a I
" I
I
I
I
I
1/
f
~
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I
I
I
I
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• I
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" I
;z S,.
) ¼
/ MAP 15731
LEGEND
~
~
I
NOTE: SEE SHEET 4 FOR TABULA TED
LINE AND CURVE DAT A.

RIGHT-OF-WAY ACQUISITION (ACQ)
AREA = 22,851 SF, MORE OR LESS

TEMPORARY CONSTRUCTION EASEMENT (TCE)
AREA = 17,548 SF, MORE OR LESS
co" ~~ !
~~\
:.>.t-> \ \ I ~. W>., I
T.P.O.8.

P.O.B.

TRUE POINT OF BEGINNING

POINT OF BEGINNING
REVISED BY:

DRAWN BY: KA
CHECKED BY: JR
APPROVED BY:
~ \ \ I P.O.B.
'\.~ STATION 69

8. PER ROS 17271
DATE:

DATE: 1-28-21
DATE: 1-28-21
DATE:

E1
A
SEE EASEMENT LEGEND ON SHEET 4
CONTROL POINT PER ROS 17271

EL CAMINO REAL WIDENING
POR. LOT •G• OF RANCHO AGUA HEDIONDA,
MAP NO. 823

GRAZINA TRASIKIS
SHEET 1 OF 4 SHEETS
SCALE
1· = 200'
DOC. NO.

DWG. NO.

July 25, 2023
Item #3 Page 43 of 70
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.8
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NO.
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RECORDED
MARCH
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AS

DOCUMENT
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AND
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AS
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DOCUMENT
NOS.
44690
AND
44691
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N
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July 25, 2023
Item #3 Page 44 of 70
_J
<(~
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~-----
0 Z I -::E
<(
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w
REVISED BY:

I
DRAWN BY: KA
CHECKED BY: JR
APPROVED BY:
63'
.___ _ _ ____.i \
80 \
y--E5_/'
JASPER WA'<
20 NOTE: SEE SHEET

TABULATED

LINE AND
DATA.
'V
r-- N
0 .

N 0:::
<(
:::E 0....

0....
40 ~
(')
~ z 0 \
~ \
' \ I
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0....

MATCH LINE I
SEE ABOVE LE£.!.± \ ..P.,,....-'14-
DATE:

DATE: 1-28-21
DATE: 1-28-21
DATE:

EL CAMINO REAL 'MOENING
POR. LOT •G• OF RANCHO AGUA HEDIONDA,
MAP NO. 823

GRAZINA TRASIKIS
DOC. NO.

DWG. NO.

July 25, 2023
Item #3 Page 45 of 70

LINE TABLE
LINE NO. DIRECTION LENGll-1
L1 S 69-02'53• E 5.26'
L2 N 20"57'07• E 12.00'
L3 S 69-02'53• E 2.94'
L4 N 37-03'22• E 240.42'
LS N 52"56'38• W 10.23'
L6 N 37-03'22• E 42.00'
L7 S 52"56'38• E 14.23'

CURVE TABLE
CURVE NO. DELTA RADIUS LENGll-1
C1 13"47'17. 1530.00' 368.19'
C2 1416'36. 1863.00' 464.21'
C3 0"25'33• 1873.00' 13.92'
C4 5•34•35• 1873.00' 182.32'
REVISED BY: DATE:

DRAWN BY: KA DATE: 1-28-21
CHECKED BY: JR DATE: 1-28-21
APPROVED BY: DATE:

EASEMENT LEGEND
E1 RIGHT TO EXTEND DRAINAGE STRUCTURES AND

EXCAVATION AND/OR EMBANKMENT SLOPES FOR
CONSTRUCTION AND MAINTENANCE OF 11-IE
ADJACENT PUBLIC HIGHWAY REC. 3/12/1970
AT FILE/PAGE NO. 44690 O.R.

E2 SEWER EASEMENT IN FAVOR OF SAN MARCOS
WATER DISTRICT REC. 3/28/1969 AT FILE/PAGE
NO. 54499 O.R.

E3 EASEMENT FOR COUNTY HIGHWAY Will-I RIGHT TO

EXTEND DRAINAGE STRUCTURES AND EXCAVATION

AND EMBANKMENT SLOPES BEYOND RIGHT-OF-WAY
REC. 6/11/1943 AT BK. 1516, PG. 79 O.R.

E4 GAS LINE EASEMENT IN FAVOR OF SDG&E REC.
6/27/1960 AT FILE/ PAGE NO. 129530 O.R.

ES PUBLIC STREET AND PUBLIC UTILITY
EASEMENT REC. 11/20/2006 AS DOC.

NO. 2006-0823804 O.R.

SHEET 4 OF 4 SHEETS

EL CAMINO REAL WIDENING
SCALE
1· = 40'
POR. LOT •G• OF RANCHO AGUA HEDIONDA,
DOC. NO.

MAP NO. 823

GRAZINA TRASIKIS
DWG. NO.

July 25, 2023
Item #3 Page 46 of 70

CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDATION
This is to certify that the interest in real property conveyed by the temporary construction easement from Andrew D. Reintjes and Linda E. Reintjes, husband and wife as joint tenants, as to an undivided I/8th interest, Anastazija Mitkevicius as Successor Trsutee of the Albinas Mitkevicius and Anastazija Mitkevicius Living Trust Agreement, as to an undivided 114th interest , Alfonsa Paziura, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, as to an undivided 114th interest, Aldona Zmuidzinas, Trustee of The Al dona Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014, as to an undivided ]/8th interest, Linus J. Raibys and Madeline A. Herrle, Trustees of the "Raibys- Herrle Family Trust" dated February 11 , 2015, as to an undivided 118th interest and Grazina Trasikis, a married woman, as her sole and separate property, as to an undivided ] /8th interest, to the City of Carlsbad , a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Carlsbad, a municipal corporation, in accordance with the provisions of Government Code section 2 7281, and the Grantee consents to recordation thereof by its duly authorized officer.

By: _ _____ ____ _ Dated : ------- -----Name:

Title:
1078843 .1

EL CAMINO REAL WIDENING FROM POINSETTIA
LANE TO CAMINO VIDA ROBLE 6072 2

PALOMAR

AIRPORT
RD.

EL
CAMINO
REAL

POINSETTIA
LN.

EL
FUERTE
ST.

CAMINO
VIDA
ROBLE
CASSIA
RD.

ALICANTE
RD.

SITE

PALOMAR

AIRPORT
SITE
Exhibit 2
July 25, 2023
Item #3 Page 47 of 70

LOCATION MAP
----,

NOT TO SCALE

PROJECT NAME PROJECT EXHIBIT
NUMBER
PLOTTED 8~ SCOTT EVANS PLOT DATf:5/15/19 fD/Tf{) 8~ ANDY CHANG PA1H:J: \AC_CUSTOMERS\BRANDON...MILES\LOCA710Nl,IAPS\6072_V2.DWG 10/22/20 1 (THIS SPACE FOR RECORDER’S USE ONLY)

JOINT USE AGREEMENT
A.P.N. No.: 213-050-16-00
SR: _________________
RW#: _______________
Transfer Tax: None
SAN D

IEGO GAS & ELECTRIC COMPANY
_____________________________________
THIS JOINT USE AGREEMENT, dated __________, 202__(“Agreement”), by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation (“SDG&E”), and THE CITY OF CARLSBAD, a municipal corporation (“CITY”), is made with reference to the following facts:

A. SDG&E is engaged in the business of transmitting and distributing gas and electricity within the City of Carlsbad, County of San Diego, State of California, and holds an easement for gas facilities and appurtenances (“SDG&E Facilities”) located in, upon, over, under, and across that certain easement and right-of- way granted to SDG&E per document recorded on June 27, 1960, as Doc. No. 1960-0129530 of Official Records (“Easement”).

B. CITY is now acquiring or has acquired fee title for public street purposes in, upon, over, under, and across the real property described in Exhibit “A” (“City Parcel”), which is attached hereto and by this reference made a part hereof, and intends to construct, operate and maintain therein a publicly dedicated street the location of which is shown on Exhibit “B” attached hereto and made a part hereof. A portion of the proposed dedicated public street will traverse the Easement and shall be referenced to in this agreement as the “Joint Use Area.” C. The dedicated public street referred hereto is shown on the El Camino Real Roadway Improvement Plans No. 6072, Federal No. 5308 (021) FERPL16, a copy of which is on file in the office of the City Engineer of the City of Carlsbad.

D. The CITY’s proposed public street dedicat ion serves to widen the existing El Camino Real roadway, which dedication is anticipated to encroach upon the Joint Use Area.

E. To accommodate the CITY’s street widening project, SDG&E has been requested by the CITY to consent to the public street dedication within the Joint Use Area.

PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:

THE CITY OF CARLSBAD
AND WHEN RECORDED MAIL TO:

San Diego Gas & Electric Co.
8335 Century Park Court, Suite 100
San Diego, Ca. 92123-1569
Exhibit 3
July 25, 2023
Item #3 Page 48 of 70

2 F. CITY and SDG&E desire to provide for the joint use of the Joint Use Area for the construction, operation, and maintenance of the C ITY’s public improvements related to the public street dedication consisting of a public street, sidewalk, storm drain and driveway (“CITY Facilities”) and the SDG&E Facilities in, over, under, and across the Joint Use Area.

NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows:

SDG&E hereby consents that the CITY Facilities may be constructed and maintained over, upon and across the Joint Use Area as shown on said Exhibit “B” subject to the following:

(a) In the event that the future use or alteration of the Joint Use Area by the CITY (or a third party involved in a request by the CITY) for streets or public improvements incidental thereto, shall at any time or times necessitate a rearrangement, relocation or reconstruction of any of SDG&E’s Facilities or the acquisition of additional property easements, or both, pursuant thereto, the same shall be performed by SDG&E, or by any other party with the consent of SDG&E, at the cost and expense of the CITY.

(b) In the event that the future use of SDG&E’s Easement or the Joint Use Area shall at any time or times necessitate a rearrangement, relocation or reconstruction of the CITY’s Facilities on the Joint Use Area, the same shall be performed at the cost and expense of the CITY.

(c) All uses of the Joint Use Area by either party shall be such as will not permanently interrupt the use or operation of the facilities therein of the other party; uses of the Joint Use Area by either party which temporarily interferes with the use of the other party, will be made only when reasonably necessary and will be promptly terminated as soon as the necessity no longer exists.

(d) SDG&E retains the right to review and approve the specific locations of all facilities on the Joint Use Area to avoid conflicts with existing and future SDG&E Facilities. Such approvals may be granted by SDG&E’s “Letter of Permission for Grading and Construction of Improvements” and those approvals shall not be unreasonably withheld.

(e) If the CITY shall hereafter vacate or abandon, in whole or in part, the Joint Use Area, the CITY shall, in the vacation or abandonment proceedings, reserve to SDG&E all rights owned by SDG&E prior to the execution of this Agreement.

(f) Notwithstanding SDG&E’s consent of the City Facilities into the Joint Use Area, the parties agree and acknowledge that this Agreement and not that certain Franchise Agreement between the City and SDG&E effective June 4, 1953, which allows SDG&E to transmit and distribute gas within the City of Carlsbad and for other purposes as may be amended, and any subsequent or successor gas franchise agreement between the parties (“Franchise Agreement”), shall control use of the Joint Use Area . SDG&E is retaining its priority easement interest, which shall not become subject to any Franchise Agreement.

July 25, 2023
Item #3 Page 49 of 70

3 (g) Except as expressly herein set forth, this Agreement shall not in any way alter, modify or terminate any of SDG&E’s prior rights in the Joint Use Area.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by duly authorized officers at the date set forth above.

SAN DIEGO GAS & ELECTRIC COMPANY
a California Corporation

By: _________________________________
Title: _______________________________
Print Name: __________________________

CITY OF CARLSBAD
a Municipal Corporation

By: _________________________________
Title: _______________________________
Print Name: __________________________

July 25, 2023
Item #3 Page 50 of 70

A-1

EXHIBIT A

LEGAL DESCRIPTION OF CITY PARCEL

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

THAT PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, WHICH LIES WITHIN A PARCEL OF LAND DESCRIBED AS FOLLOWS:

BEGINNING AT THE CLOSING CORNER COMMON TO SECTIONS 22 AND 23, TOWNSHIP 12 WEST, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE SOUTH LINE OF SAID RANCHO AGUA HEDIONDA; THENCE ALONG SAID SOUTH LINE, SOUTH 89° 26' 40" EAST (RECORD EAST) 2813.09 FEET TO A POINT ON THE EASTERLY LINE OF LAND DESCRIBED IN DEEDS TO THE COUNTY OF SAN DIEGO, ROAD SURVEY NO. 1800-1, RECORDED MARCH 12, 1970 AS DOCUMENT NOS. 44690 AND 44691 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89° 29' 40" EAST (RECORD EAST) 239.54 FEET TO CORNER NO. 1 OF SAID LOT "G" AS DESIGNATED ON RECORD OF SURVEY NO. 6493 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY BOUNDARY OF LOT "G" AS SHOWN ON SAID RECORD OF SURVEY NO. 6493, NORTH 27° 21' 08" EAST 1319.98 FEET; RECORD NORTH 26° 47' 27") PROVISION OF THE DEDICATION STATEMENT OF THE MAP OF THE TRACT 19.60 FEET TO CORNER NO. 2 OF LOT "G" AND NORTH 8° 07' 51" EAST (RECORD NORTH 7° 34' 10' EAST) 136.73 FEET TO A POINT ON THE ARC OF A 1845 FOOT RADIUS CURVE, CONCAVE WESTERLY; SAID POINT BEING ON THE EASTERLY LINE OF LAND DESCRIBED IN SAID DOCUMENT NOS. 44690 AND 44691; A RADIAL TO SAID POINT BEARS SOUTH 71° 31' 06" EAST;

THENCE SOUTHERLY ALONG SAID EASTERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 34' 36" A DISTANCE OF 598.19 FEET AND TANGENT TO CENTRAL ANGLE SOUTH 37° 03' 30" WEST 975.48 FEET TO THE TRUE POINT OF BEGINNING.

APN: 213-050-16-00

July 25, 2023
Item #3 Page 51 of 70

Exhibit B

DEPICTION OF JOINT USE AREA

(To be attached)

July 25, 2023
Item #3 Page 52 of 70

SAN DIEGO GAS & ELECTRIC

EL CAMINO REAL ROADWAY IMPROVEMENTS
EXHIBIT "B"
July 25, 2023
Item #3 Page 53 of 70
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POR. LOT "G"

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MAP NO. 823

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DOC NO. 129530

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ATTN: Real Estate Records
8690 Balboa Ave., CPA01
San Diego, CA 92123
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APN: Por
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SAN DIE GO GAS & ELECTRIC COMPANY
CONSE

NT AGREEMENT AND COVENANT
San Diego Gas & Electric Company, a California corporation (“SDG&E”) hereby consents to the use by THE CITY OF CARLSBAD, a municipal corporation (“ Consentee”), of a portion of the SDG&E Easement (as defined below) (1) for insta lling, constructing, maintaining, operating, replacing and repairing a driveway, landscaping and irrigation improvements ( “Consentee’s Improvements”) and (2) for use as a temporary construction easement area, subject to the covenants, terms and conditions set forth in this Consent A greement and Covenant (“Agreement”). Such Agreement is made to further Consentee’s project entitled “ El Camino Real W idening Project,” which encompasses Consentee acquiring a temporary construction easement across a portion of the SDG&E Easement (defined below).

Said encroachment area crosses over a portion of SDG&E Easement (SDG&E Right of Way No. 45300) recorded June 27, 1960, as Instrument No. 1960-0129530, of the Official Records of County of San Diego, State of California (“SDG&E Easement ”). Said SDG&E Easement encumbers a portion of the real property (“Property”) more particularly described as follows:

Real property in the City of Carlsbad, County of San Diego, State of California, described as follows:

THAT PORTION OF LOT "G" OF RANCHO AGUA HEDIONDA, IN THE CITY OF

CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, WHICH LIES WITHIN A PARCEL OF LAND DESCRIBED AS FOLLOWS:

BEGINNING AT THE CLOSING CORNER COMMON TO SECTIONS 22 AND 23, TOWNSHIP 12 WEST, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,

ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE SOUTH LINE OF SAID Exhibit 4
July 25, 2023
Item #3 Page 54 of 70
2 RANCHO AGUA HEDIONDA; THENCE ALONG SAID SOUTH LINE, SOUTH 89° 26' 40" EAST (RECORD EAST) 2813.09 FEET TO A POINT ON THE EASTERLY

LINE OF LAND DESCRIBED IN DEEDS TO THE COUNTY OF SAN DIEGO, ROAD SURVEY NO. 1800-1, RECORDED MARCH 12, 1970 AS DOCUMENT NOS. 44690 AND 44691 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE SOUTH 89° 29' 40" EAST (RECORD EAST) 239.54 FEET TO CORNER NO. 1 OF SAID LOT "G" AS DESIGNATED ON RECORD OF SURVEY NO. 6493 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY BOUNDARY OF LOT "G" AS SHOWN ON SAID RECORD OF SURVEY NO. 6493, NORTH 27° 21' 08" EAST 1319.98 FEET; RECORD NORTH 26° 47' 27") PROVISION OF THE DEDICATION STATEMENT OF THE MAP OF THE TRACT 19.60 FEET TO CORNER NO. 2 OF LOT "G" AND NORTH 8° 07' 51" EAST (RECORD NORTH 7° 34' 10' EAST) 136.73 FEET TO A POINT ON THE ARC OF A 1845 FOOT RADIUS CURVE, CONCAVE WESTERLY;

SAID POINT BEING ON THE EASTERLY LINE OF LAND DESCRIBED IN SAID DOCUMENT NOS. 44690 AND 44691; A RADIAL TO SAID POINT BEARS SOUTH 71° 31' 06" EAST; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 34' 36" A DISTANCE OF 598.19 FEET AND TANGENT TO CENTRAL ANGLE SOUTH 37° 03' 30" WEST 975.48 FEET TO THE TRUE POINT OF BEGINNING.

APN: 213-050-16-00

Pursuant to the SDG&E Easement , the owner of the Property (“ Fee Owner”) shall not grant any other easement on, under or over the SDG&E Easement without SDG&E’s prior written consent. This Agreement shall constitute SDG&E’s prior written consent to (1) Fee Owner’s grant of a temporary construction easement across that portion of the SDG&E Easement as shown on the attached Exhibit “A”, which consent shall terminate on January 31, 2026 or upon completion of El Camino Real Widening Project, whichever occurs first , and (2) Consentee’s installation, construction, maintenance, operation, repair and replacement of Consentee’s Improvements in the SDG &E Easement area, all as depicted on and in conformance with the specifications shown and described o n the plans prepared by Dokken Engineering, dated February 10, 2021, titled “ El Camino Real Roadway Improvement Plans From Poinsettia Lane to Camino Vida Roble, Project No. 6072 Federal No. 5308(021) FERPL16”, Drawing No.

DWG 523 -2 ( collectively, “ Plans and Specifications ”) and for no other purpose (collectively, the “Purpose”).

This consent is given subject to the following terms and conditions:

1. Consentee agrees that no structure, improvement or use, other than Consentee’s Improvements for the Purpose specifically described above and detailed on the Plans and Specifications will be constructed or performed anywhere else within the SDG&E Easement. Consentee covenants and agrees that all landscaping and vegetation shall comply with SDG&E vegetation standards and shall not exceed fifteen (15) feet in height at any time, including necessary associated irrigation within the SDG&E Easement area.

July 25, 2023
Item #3 Page 55 of 70
3 2. No eq uipment exceeding 2,000 lbs shall be permitted within the temporary construction easementarea. Consentee’s operation under the temporary construction easement shall not interrupt or interfere with the use or operation of SDG&E facilities. Vehicle access to the SDG&E Easement area shall be provided at all times (24 hours a day) to SDG&E. In this regard, SDG&E shall at all times have the right to enter and use the SDG&E Easement area and any of its facilities located thereon as SDG&E deems appropriate without interference or impediment by Consentee.

SDG&E reserves the right to revoke its consent to the temporary construction easement should Consentee’s use be determined by SDG&E to unreasonably interfere or interrupt SDG&E use and operation of its facilities.

3. This Agreement is made subject to the conditions, restrictions, reservations and rights contained in the SDG&E Easement. This Agreement does not in any way alter the SDG&E Easement or the rights of the parties to the SDG&E Easement. No rights granted hereunder by SDG&E to Consentee shall constitute an admission, express or implied, that such Consentee’s rights or the permitted use represent or support a public use that is superior to or more necessary than SDG&E’s uses of the SDG&E Easement. Consentee’s use of the SDG&E Easement area shall not interfere with the free and complete effective exercise of SDG&E’s use of the SDG&E Easement as part of SDG&E’s utility corridor . SDG&E is retaining its priority easement interest , which shall not become subject to any existing or future franchise agreement between SDG&E and any Consentee, or any other party by, through or under Consentee, unless otherwise expressly agreed to in writing by SDG&E and Consentee. Notwithstanding any other provision of this Agreement, by consenting hereto, SDG&E does not intend to subordinate, and the parties acknowledge and agree that the SDG&E Easement is not subordinate to, any easement granted by Consentee.

4. The covenants, rights, privileges and obligations created by this A greement shall run with the Property and shall benefit and bind all present and future parties having any right, title or inter est to, any portion of the SDG&E Easement or the land described above and shall continue in effect until and unless released by SDG&E, in its sole discretion. The term “Consentee” as used in this Agreement shall include all successors in interest and assigns of Consentee, including without limitation, any public entity assuming Consentee’s title or interest in or accepting dedication of Consentee’s Improvements. Consentee agrees to give SDG&E notice pursuant to Paragraph 18 of the names and addresses of any such successors and assigns. SDG&E shall not be obligated to notify any such successors and assigns other than those whose names and addresses are furnished pursuant to this paragraph.

5. Consentee agrees not to contest S DG&E’s title to the SDG&E E asement or the priority of SDG&E’s title.

6. Consentee agrees to comply with all appropriate statutes, ordinances, codes and regulations or public bodies having jurisdiction over the subject matter of this consent.

7. This consent may be withdrawn in whole or in part by SDG&E at any time Consentee fails or refuses to comply with the terms herein, if Consentee constructs improvements other than those described herein as shown on Exhibit “A,” or if Consentee’s Improvements or the method used by Consentee in the construction and installation of said improvements is determined to be in violation of any federal, state, city, county or other governmental entities, laws, ordinances, or regulations, including regulations of the Public Utilities Commission for the State of California.

July 25, 2023
Item #3 Page 56 of 70
4 8. If consent is withdrawn, Consentee agrees to remove or alter those improvements as requested by SDG&E within sixty (60) days after receipt of written notice, and to restore the ground and area to SDG&E's satisfaction and as near as possible to its original condition and appearance prior to Consentee’s installation of the improvements. Such removal, restoration, or alteration shall be at the sole cost and expense of Consentee and shall not result in any cost or expense to SDG&E . If Consentee fails to remove, restore, or alter within ninety (90) days after notice, SDG&E shall have the right to remove or alter Consentee’s Improvements and restore the SDG&E Easement area, all at the sole expense and risk of Consentee, which expense Consentee agrees to pay to SDG&E promptly upon demand.

9. Consentee agrees to assume all risks of loss, damage, and injury to persons and property in any manner arising from Conse ntee’s and Consentee’s employees’, contractors’, agents’, representatives’ and invitees’ (collectively, “Consentee Parties”) activities, use and occupation of the SDG&E Easement area pursuant to this Agreement, including activities, use and occupation prohibited or not authorized by this consent . Consentee also agrees to indemnify, defend, protect and hold harmless SDG&E and its affiliates, parent company, and its shareholders, officers, directors, employees, contractors, agents, successors, and assigns (collectively, “ SDG&E Parties”) from any and all loss, costs, damages, injuries, claims, actions, lawsuits, obligations, and/or liabilities arising from Consentee’s and Consentee Parties’ use and occupation of the SDG&E Easement area, including, but not limited to, court costs, attorneys’ fees, and professional witness’ fees (collectively, “Claims”). The indemnity obligations set forth in this Section 9 shall survive the expiration or earlier termination of this Agreement.

10. Consentee agrees that SDG&E shall not be responsible in any manner for any customary and routine upkeep, repair or maintenance of Consentee’s Improvements.

11. SDG&E shall not be responsible for damage to Consentee’s Improvements resulting from operation, construction and maintenance of SDG&E’s facilities.

12. Consentee agrees to pay all costs for the construction, installation, maintenance , repair and replacement of Consentee’s Improvements, including, without limitation, any SDG&E costs that may arise to accommodate Consentee’s work.

13. Consentee shall, at its own expense, secure and maintain in effect during the life of this Agreement insurance coverages as described herein, in amounts not less than the minimum limits specified, to protect SDG&E and Consentee from claims or liabilities in any way arising out of Consentee’s use of SDG&E’s Easement: (a) Workers ’ Compensation Insurance and Employer ’s Liability Insurance in accordance with statutory requirements and limits, including U.S. Longshoremen’ s and Harbor Workers’ Compensation Act coverage, where applicable, (b) Comprehensive General Liability Insurance to include products-completed operations and contractual liability coverage for liability assumed by Consentee under this A greement, and automobile liability insur ance, with limits of not less than $5,000,000 each occurrence for bodily injury and property damage combined. Such liability insurance described in (b) above shall name SDG&E as an additional insured, shall contain a severability of interest or cross liability clause and shall be primary for all purposes. Certificates of insurance evidencing the coverages and provisions required in (a) and (b) above shall be furnished to SDG&E prior to any use of SDG&E’s Easement by Consentee and shall provide that written notice be given to SDG&E at least thirty (30) days prior to cancellation or reduction of any coverage. Consent ee agrees, at the request of SDG&E, to increase the limits July 25, 2023
Item #3 Page 57 of 70
5 of insurance to meet the reasonable limits then required by SDG&E for a similar Consentee of this type. The provision of this paragraph shall not in any way limit any of Consentee’s other obligations or liabilities under this Agreement. If, at any time, a public entity assumes Consentee’s title or interest in or accepts dedication of Consentee’s Improvements, such public entity shall be permitted to self-insure the obligations set forth in this section.

14. Consentee agrees to submit plans for review and approval to SDG&E Land Management prior to commencement of any additional work not expressly permitted hereu nder following initial construction and installation of Consentee ’s Improvements in the SDG&E Easement area. Such additional work may be approved in SDG&E’s sole discretion and may be subject to approval by the California Public Utilties Commission.

15. Except as specifically provided for in this Agreement or in the Plans and Specifications, the ground elevation within the SDG&E Easement shall not be raised or lowered without prior written consent from SDG&E and may be subject to approval by the California Public Utilties Commission.

16. This Agreement may be presented for recordation by either party to the County Recorder of the County in which the above -described land is situated. Consentee represents and warrants to SDG&E that Consentee has obtained all necessary rights for installation of Consentee’s Improvements from the owner of the underlying fee and has obtained all applicable government approvals.

17. Consentee agrees to call Dig Alert by dialing 811 prior to any grading or digging activities in the SDG&E Easement.

18. All notices required in this Agreement shall be deemed given when made in writing and mailed in the United States mail, certified and postage pre-paid, addressed to Consentee at the address below or to successors and assigns whose names and addresses are furnished to SDG&E pursuant to Paragraph 4, above.

To SDG&E: San Diego Gas & Electric Company
ATTN: Land Services
8690 Balboa Ave., CPA01
San Diego, CA 92123

To Consentee: THE CITY OF CARLSBAD
ATTN: Brandon Miles
Public Works
1635 Faraday Avenue
Carlsbad, CA 92008

19. This Agreement may be executed in one or more counterparts. Each counterpart shall be deemed an original and all taken together shall constitute one and the same instrument.

July 25, 2023
Item #3 Page 58 of 70
6 [Signatures on next page]
July 25, 2023
Item #3 Page 59 of 70
7 SAN DIEGO GAS & ELECTRIC COMPANY,
a California corporation

By:

Colleen Fino
Land Management Supervisor

Date: __________________________________

STATE OF CALIFORNIA

COUNTY OF

On , before me ,
(name, title of officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

July 25, 2023
Item #3 Page 60 of 70
8 ACCEPTED:

THE CITY OF CARLSBAD, a municipal corporation

By:

Its:

Date:

STATE OF CALIFORNIA

COUNTY OF

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

(Notary Seal)
(Signature of Notary Public)

July 25, 2023
Item #3 Page 61 of 70
9 EXHIBIT “A”
(Depiction of Encroachment Area- Attached Hereto)

July 25, 2023
Item #3 Page 62 of 70

SAN DIEGO GAS & ELECTRIC

EL CAMINO REAL ROADWAY IMPROVEMENTS
EXHIBIT "A"
July 25, 2023
Item #3 Page 63 of 70
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DOC NO. 129530
ROADWAY 1"1DENING

CURB & GUTTER

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SCALE: 1 "=80'
CHECKED BY: DN DA TE: 2022/12/14 1--------------------------r--------, 1------------'------------, Cl TY OF CARLSBAD
APPROVED BY:

July 25, 2023
Item #3 Page 64 of 70

CONSENT FROM FEE OWNER
The following persons have an undivided fee interest in the above-described Property and hereby (a) consent to the execution of the Agreement, (b) acknowledges the terms and conditions contained in the above Agreement, and ( c) consents to the recording of the Agreement in the Official Records of the County of San Diego to encumber title to the Property.

Fee Owners:
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Name: ANDREW D. REINTJES
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Name: LINDA E. REINTJES
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTYOF tJ(~I®
On 1ciJ I'}-, '?'O;;J:3 , befoce me ~ ,11-µJ ~n'l•~ ~ ~ ,.,.-:-) (name, title ofoflcer) /.1; ·
personally appeared .fw(}.(Q,U ':) . · IL·€Af'\""T" 1fl$ Ard lJCYAA.£.~(')-r~ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)~re subscribed to the within instrument and acknowledged to me that .J.:tefs!Je,'ffiey executed the same in ..his1h(;}t'ftheir authorized capacity(ies), and that by.,.h:i's/~heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Notary Seal)

19. "';.;,;;., •,;;,;u;;"
0 f
I- i.li . > Notary Public • California
Riverside County I
Commtsston 112414531 •
/Ir( Comm. Expires Sep 29, 2026
9 July 25, 2023
Item #3 Page 65 of 70
Name: ANASTAZIJA MITKEVICIUS, as Successor Trustee of the Albinas Mitkevicius and Anastasija Mitkevicius Living Trust Agreement
,- f I I +1. I , fl I { CJ-t ft., .J.~.:t,½ e-t f~ r l I' ~ rt 'cor -~v;.r !dill, I '\'i CVH'ti -(,ll, k 1/-v, e, ) I A t\,dCl.t'"') p • ~ I.), ¢ I t I l , l ~ ~ I rr- t ;., d.~tk&I , ,..,f Mi fl.u I, 1A ' ) ~ f .LI.. J fX ..,.. iut,1<, IS C..f..,'hti Cil ' ; ~.v\,11,c/\lA4 1,11k1, .,•')'"1!1-' T....., tll()t..u ;1 . ~4f otuw.:..J. fv-1.t.-h~//.,<. ~t, ll(C1t .. ,dj I cv v ~ 1 1 f'l'.J .,+

ST A TE OF CALIFORNIA I
COUNTY OF Lo\ l~~-.e t.. f
On -----'-2 ............. /8',.__/ Z.--L--3 _ ___, A . LIA. 5 h., , /\JJ".') ({, b I, ( fl , ,... 11am · tie of off\cer)
personally appeared /1 ' · t · , "\.
who proved to me on the basis of satisfactory idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
~c)
(Notary Seal)
July 25, 2023
Item #3 Page 66 of 70
· IDZfNAS, Trustee of the Aldona Zmuidzinas Family Trust under Declaration of Trust dated February 4, 2014

ST A TE OF CALIFORNIA

COUNTY OF
On _______ __ _, before me _______ ____ __________ _ _, (name, title of officer)
personally appeared ____ ___ _____ ____ _______________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Seal)
(Signature of Notary Public)
11 July 25, 2023
Item #3 Page 67 of 70

State of California
County of Los Angeles
on March 15, 2023 before me, V.M. Cothran, notary public (insert name and title of the officer)
personally appeared Aldana Zmuidzinas
who proved to me on the basis of satisfactory evidence to be the person~ whose nam~ ) 4'.§lare subscribed to the within instrument and acknowledged to me that he/~ /they executed the same in his/~r/their authorized capacity(.ies), and that by his/I'm /their signature (s) on the instrument the persop,€5)', or the entity upon behalf of which the perso!J,(s1 acted , executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ----Lj/;---'7f?_,__,__--"{J;""'--"t:auJ=-='-=~;..:;..-"'--===---- (Seal) July 25, 2023
Item #3 Page 68 of 70
Name: ALFONSA PAZIURA, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF l .... O S f+-N {;; l[L--1;:S
On 1rpc; I 1 ~\ ;LO 2-3 , before me V. JY] Cornmp I (1 D ta '1J f vl h I' 6 I {'_ U , (name, title of officer)
personally appeared /Jr :rP t1 S tt.. f (I pl IA Y-Cl , who proved to me on the basis of satisfactory evidence to be the personfs,) whose name(s')dsYare subscribed to the within instrument and acknowledged to me that he/~ /they executed the same in his/be)-/their authorized capacityves} and that by his6 r/their signature (sYon the instrument the person,(s,Y, or the entity upon behalf of which the persoJ¾S' acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Seal)
(Signature ofNotary Public)
12 July 25, 2023
Item #3 Page 69 of 70
Name: Linus · . Raibys, Trustee of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided l/8t~ interest ~ /?
~ c.~tl~(__
Name: Madeline A. Herrle, Trustee of the "Raibys- Herrle Family Trust" dated February 11, 2015, as to an undivided 118th interest
/.J. _Mfttn.l fu.bl1c.. Ci' ofw,rtJ[Ptu -,r' cwn.,,~1..;,~'H1is c.e,t, '.f,c,1,k., v·tn f'tes Ml!.f Y1,,, 1dtr1.f:1-t, .-f '1-t,it, t11J~l.li'tlMt<-{i,vh,o ~,.,.-u( , ,/ 't1N elDl,£1Yn.iW't fu ,.,h,e-1, 'ft-1:~ (tlft/io , .. fc is 4f!t,e,/.-.l.~I, tt-+1d rW ·f-'t-f,u trufhfu/, ~ acc.u aU--1 ();' Vf< , ~1, 1-V o r 't'Vl e<. -, d~cu11 ,r..e.-,,-il-, 'I · , ,

ST A TE OF CALIFORNIA
COUNTY OF vevttu;~
personally appeared
who proved to me on the basis of satisfacto evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Seal)
(Signature of Notary Pub I ic)
13 July 25, 2023
Item #3 Page 70 of 70
Name: GRAZINA TRASIKIS
A N DT>!\-/7-l{ \?l,{12,1,,1 ~ O}Q., ori-te ,z_ o FPl<'.!6t2- c)){Yl()[;,t;,I ,.;r.,, ; 1+;5 Cetz.:rt Fl (!,,yf-T G VE-fl.I I GS ofv'V15 T /te / D~ ('J TI Ti.-f (.) F T ;-f ~ / tJ iJ) V / DI,{ ,/rt., W ,,40 $ I b f) Tri 1')0 ,U G ,V f-t1 7 ft T1-H
C.~ ",1 1e.}'t,~ 15 ~ -, A· i-t Q 1_frfVf) ·n-f t=- 1fl1.ATHf=l)L(vt DJ irCCU~ () Die_ VA-l--1 DI I I oF ·-n+tt-T DOC..l..lrhg;.f--'"i,

ST A TE OF CALIFORNIA
COUNTY OF vertltv~
On ~brua,ry 0 , 1..0~. before me S.tfJve LP~ Afo f'&Jj- Pabtt t 't (qa,mc;tltledioffi~er)
personally appeared ~@:z,,,it] ~Sf [CJ...S ~-~~--------~ -. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Seal)
(Signature of Notary Public)

STEVE LEV
Notary Public • California
Ventura County !
Commission /12318679
My Comm, Expires Jan 11, 2024
14

Carlsbad City CouncilJuly 25, 2023

Carlsbad City Council
July 25, 2023