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HomeMy WebLinkAbout2018-09-25; City Council; ; Cultural Resource Conservation Easement for the San Luis Rey Band of Mission Indians associated with the El Camino Real Widening ProjectFiscal Analysis The cost to record the easement and the repatriation costs will be funded from the Project budget. Adequate funds remain within the Project budget and no additional appropriation is needed. Next Steps The tribal cultural resources will be repatriated and the Cultural Resource Conservation Easement will be executed and recorded with the San Diego County Recorder's Office. A copy will be provided to the Native American Heritage Commission for inclusion into California's Sacred Lands File Inventory by the Tribe. It is anticipated the repatriation efforts and easement recordation will occur this calendar year. Environmental Evaluation (CEQA) A Mitigated Negative Declaration (MND} and Mitigation Monitoring and Reporting Program were prepared for the Project (CDP 07-22 / HDP 07-02 / SUP 07-04 / HMP 07-08} and this Project is within the scope of the MND. The Notice of Intent to adopt an MND was published in the newspaper Nov. 1, 2007, and sent to the County Clerk's Office for a 30-day public comment period. The MND was adopted by the Planning Commission on June 3, 2009 in compliance with the California Environmental Quality Act (CEQA} Guidelines Section 15074. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Resolution. September 25, 2018 Item #6 Page 2 of 12 RESOLUTION NO. 2018-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A CULTURAL RESOURCE CONSERVATION EASEMENT TO THE SAN LUIS REY BAND OF MISSION INDIANS IN ACCORDANCE WITH CALIFORNIA CIVIL CODE SECTION 815 ASSOCIATED WITH THE EL CAMINO REAL WIDENING PROJECT, PROJECT NOS. 3957, 3643, 6302 & 6303. Exhibit 1 WHEREAS, the city recently completed construction of the El Camino Real Widening Project that improved El Camino Real between Chestnut Avenue and Tamarack Avenue; and WHEREAS, during construction the contractor performing grading and excavation work encountered tribal cultural resources; and WHEREAS, staff worked in conjunction with the San Luis Rey Band of Mission Indians, a California Native American Tribe (Tribe) to assess and determine the necessary efforts consistent with Council Policy 83 and the city's Tribal, Cultural and Paleontological Resource Guidelines; and WHEREAS, staff, in conjunction with the Tribe, have agreed to repatriate the tribal cultural resources to the Tribe; and WHEREAS, staff, in conjunction with the Tribe, have negotiated a Cultural Resource Conservation Easement, which is a prerequisite to completing the city's and Tribe's repatriation efforts; and WHEREAS, portions of the Cultural Resource Conservation Easement have been redacted to preserve confidentiality pursuant to California Government Code section 6254(r). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. That the above recitations are true and correct. That the mayor is authorized and directed to execute the unredacted Cultural Resource Conservation Easement, attached hereto in redacted form as Attachment A. 3. That the city clerk is directed to send the Cultural Resource Conservation Easement to be recorded in the Office of the County Recorder. September 25, 2018 Item #6 Page 3 of 12 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of September. 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. (SEAL) September 25, 2018 Item #6 Page 4 of 12 RECORDING REQUESTED BY: Carlsbad City Cl~rk's Office AND WHEN RECORDED, MAIL TO: City Clerk, City of Carlsbad 1200 Carlsbad Village Drive Carlsbad~· CA 92008 DOC# 2019-0151765 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Apr 25, 2019 11 :33 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $50.00 (S82 Atkins $0.00) PAGES 13 FOR RECORDER'S USE CULTURAL RESOURCE CONSERVATION EASEMENT THIS GRANT DEED OF CULTURAL RESOURCE CONSERVATION EASEMENT ("Grant of Easement") is made this al~ day o~ ~ll)kr, 2018 by the City of Carlsbad ("Grantor"), a municipal corporation in the State of California, having an address at 1200 Carlsbad Village Drive, Carlsbad, CA 92008, in favor of the San Luis Rey Band of Mission Indians ("Grantee"), a California Native American Tribe, having an address at 1889 Sunset Drive, Vista, CA 92084. WITNESS ETH: WHEREAS, Grantor is the sole owner in fee simple of an approximately 4.48-acre parcel located WHEREAS, the Parcel includes an area of approximately 707 square feet, as more particularly depicted in the map attached as Exhibit A hereto and incorporated by this reference ("Property"), which possesses significant tribal cultural values of great importance to Grantor, to the San Luis Rey Band of Mission Indians and other Luisefio people, and the people of the State of California; and WHEREAS, the specific tribal cultural values of the Property are further documented in an inventory of relevant features of the property ('·Baseline Documentation"), which are not recorded with this Grant of Easement but shall remain in the files at the office of both the Grantor and Grantee, including reports, maps, photographs, declarations, memorandum of agreement, and other documentation which generally describes the property at the time of the grant of the easement; and WHEREAS, in particular, the Property has important tribal cultural values as a traditional place of gathering and habitation from thousands of years of indigenous use by the San Luis Rey Band of Mission Indians; and WHEREAS, Grantor intends that the tribal cultural values of the Property be preserved and maintained by the continuation of the rights of the Grantor existing at the time of this grant that do not significantly impair or interfere with said tribal cultural values; and Page I of8 WHEREAS, Grantor further intends, as owners of the Property, to convey to Grantee the right to have access to the Property for cultural and spiritual use and to preserve and protect the tribal cultural values of the Property in perpetuity; and WHEREAS, Grantee is a California Native American Tribe; and WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the tribal cultural values of the Property for the benefit of this generation and generations to come; NOW, THEREFORE, in consideration of the above and mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of California and California Civil Code Section 815 et. seq., Grantor hereby voluntarily grants and conveys to Grantee a cultural resource conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement"), and Grantee accepts the Easement and agrees to honor the intentions of the Grantor to preserve and protect the Property. 1. Purpose. It is the purpose of this Easement to protect the sacred sites of the San Luis Rey Band of Mission Indians located on the Property, to honor them and protect them forever and to assure that the Property will be retained forever in its natural state and for its tribal cultural values and to prevent any use of the Property which would significantly impair or interfere with the tribal cultural values of the Property. Grantor intends that this Easement will limit the use of the Property consistent with the purpose of this Easement. 2. Rights of Grantee. To accomplish the purpose of this Easement the following rights are conveyed to Grantee by this Easement: (a) To identify, document, preserve and protect the tribal cultural values of the Property; and (b) To enter upon the Property at reasonable times, and for a reasonable duration, without notice to the Grantor, in order to carry out cultural practices consistent with the purpose of the Easement; and (c) To enter upon the Property at reasonable times, in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry for monitoring purposes shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use of the Property; and (d) To protect the Property from any activity on or use of the Property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use, pursuant to Paragraph 7. 3. Prohibited Uses. Any activity on or use of the Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited on the Property, except as allowed under Paragraph 4 (Reserved Rights): (a) Surface and subsurface ground disturbing activities. Page 2 of8 September 25, 2018 Item #6 Page 6 of 12 (b) Construction, excavation, placement of asphalt or concrete, placement of infrastructure, placement of structures, planting of invasive root systems, subsurface irrigation systems, digging and/or other earth disturbing activities within, under, or over the Property. (c) Staging of heavy equipment or allowing temporary structures that may adversely impact the Property or destroy the tribal cultural values. ( d) Gran tor and Grantee shall cooperatively enforce prohibited use of the Property by third parties and the general public. 4. Reserved Rights. Grantor reserves to itself, and to its representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. 5. Notice of Intention to Undertake Certain Permitted Actions. The purpose of requiring Gran tor to notify Grantee prior to undertaking earth and/or ground disturbing activities, is to afford Grantee an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purpose of this Easement. Except in cases of an emergency as described in Paragraph 11 where advanced notice is not required, Grantor shall provide notice to Grantee in writing not less than thirty (30) days prior to the date Grantor intends to undertake earth and/or ground disturbing activities on the Property. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgement as to its consistency with the purpose of this Easement. 6. Grantee's Approval. Where Grantee's approval is required, Grantee shall grant or withhold its approval in writing within thirty (30) days ofreceipt of Grantor's written request therefor. Grantee's approval may be withheld only upon a reasonable determination by Grantee's that the action as proposed would be inconsistent with the purpose of this Easement. Should no written response by the Grantee be offered within the thirty (30) day period, Grantor may proceed with the action but Grantee's approval rights are not waived. 7. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured. If Grantor fails to cure the violation within thirty (30) days after the receipt of notice, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, or Grantor fails to begin curing the violation within the thirty (30) day period, or fails to continue diligent efforts to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement, including damages for the loss of cultural, scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to any such injury. Without limiting Page 3 of8 September 25, 2018 Item #6 Page 7 of 12 Grantor's liability therefor, Grantee in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee's, in their sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the tribal cultural values of the Property, Grantee's may pursue their remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement. Grantor agrees that since the tribal cultural values of the Property are of inestimable value and some may be intangible, that Grantee's remedies at law for any violation of the terms of their Easement may be inadequate and that Grantee's shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's responsibility to monitor and conserve the tribal cultural values of the Property are hereby recognized as being unique and the fact that some of these values are intangible is understood, and thus the necessity of proving the pertinent cultural values of the property will not be required in pursuing Grantee's remedies under this Easement. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Liquidated damages are not provided for in this Easement. 8. Costs of Enforcement. Any award to Grantee of costs incurred by Grantee in enforcing the terms of this Easement against Grantor, including without limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's violation of terms of this Easement shall be decided by a court of competent jurisdiction. If Grantor prevails in any action to enforce the terms of this Easement, the parties will be responsible for their own attorney's fees and costs, in recognition of the fact that Grantee does not have the financial resources to pay Grantor's cots and fees in any legal action. 9. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy, or be construed as a waiver. 10. Waiver of Certain Defenses. Grantor hereby waives any defense of laches, estoppel, or prescription. 11. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, non-permitted third party action, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 12. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantor shall keep the Page 4 of8 September 25, 2018 Item #6 Page 8 of 12 Property free of liens arising out of any work performed, materials furnished to, or obligations incurred by Grantor. 13. Taxes. Grantor shall pay for all delinquency taxes, assessments, fees and charges of whatever description levied on or assessed against the Property by competent authority ( collectively "taxes"), including any taxes imposed upon, or incurred as a result of this Easement, and shall furnish Grantee with satisfactory evidence of payment, upon request. It is intended that this Easement constitutes an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualifies as an enforceable restriction under the provisions of California Revenue and Taxation Code Section 402.1 or successor statute. 14. Hold Harmless. It is the intent of the parties that by conveyance of this Easement, no additional risk or liability is assumed by either Grantor or Grantee for any actual or alleged injury, death or property damage from any act, omission, condition or other matter related to occurring on or about the Property, and that any liability that may exist at the time of the conveyance of the Easement continues and that the parties will continue to be governed by existing law, thus both parties agree not to hold the other harmless, and not to indemnify each other, its members, directors, officers, employees, agents, and the individual Grantee's contractors and their heirs, agents, personal representatives, successors and assigns of each of them from and against liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgements, including, without limitation, reasonable attorney's fees, arising from or in any way connected with the existence or administration of this Easement. 15. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. The amount of the proceeds to which Grantey shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided for by California law at the time, in accordance with paragraph 16. Grantee shall use all such proceeds in a manner consistent with the cultural conservation purposes of this grant. 16. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for purposes of paragraph 15, the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in the value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes allowable by reason of this grant, pursuant to Section l 70(h) of the Internal Revenue Code of 1954, as amended. For purposes of this paragraph, the ratio of the value of the Easement to the value of the property unencumbered by the Easement shall remain constant. Furthermore, it is understood that the cultural value of the Property to Grantee, as a religious and ceremonial site is inestimable, and cannot, nor should not be quantified or included in this calculation. The values referred to in this paragraph will, in recognition Page 5 of8 September 25, 2018 Item #6 Page 9 of 12 of the impossibility of assigning a monetary value to the sacred nature of the site, will only apply to land and natural resource values protected by this Easement and which can be included in a calculation of fair market value to the Property and thus, by the above ratio, to the Easement. 17. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. Grantee should be able to apply such compensation to the acquisition of another interest in land which has cultural significance to Grantee, including ownership in fee simple. 18. Amendment. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualification of this Easement or the status of the Grantee under applicable laws, and any amendment shall be consistent with the purpose of this Easement, shall include reference to the significant tribal cultural values and be consistent with protecting those values and shall be perpetual in duration. Any such amendment shall be recorded in the official records of San Diego County, California. 19. Assignment. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer, under Section 170(h) of the Internal Revenue Code of 1954, as amended, and the applicable regulations promulgated thereunder, and authorized to acquire and hold cultural conservation easements under Section 815 et. seq. of the California Civil Code, or successor provision. Grantee shall require that the cultural conservation purpose that this grant is intended to advance, will continue to be carried out by any assignee. Grantee shall also notify Grantor in writing, and in advance of any assignment, and shall seek the approval of the Grantor to the assignment, but the right of assignment is exclusive to the Grantee and shall not be abridged by Grantor. 20. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Property, including without limitation, a leasehold interest. Grantor further agrees to given written notice to the Grantee of the transfer of any interest at least sixty ( 60) days prior to the date of such transfer. The failure of the Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforcement in any way. 21. Estoppel Certificates. Upon request by Grantor, Grantee shall within thirty (30) days execute and deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained within this Easement and otherwise evidences the status of tis Easement as may be requested by Grantor. 22. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: (a) To Grantor: City Manager, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 (b) To Grantee: San Luis Rey Band of Mission Indians, 1889 Sunset Drive, Vista, CA 92084 Page 6 of8 September 25, 2018 Item #6 Page 10 of 12 or to such other address as either party from time to time shall designate by written notice to the other. 23. Recordation: Grantee shall record this instrument in timely fashion in the official records of San Diego County, California, and may re-record it any time as may be required to preserve rights in the Easement. 24. Executory Limitation. If Grantee shall cease to exist or cease to qualify or to be authorized to acquire and hold conservation easements under California Civil Code 815 et. seq. and a prior assignment is not made pursuant to Paragraph 19, or refuse such rights and obligations as set forth in this Easement, then the rights and obligations under this Easement shall vest in such organization as a court of competent jurisdiction shall direct pursuant to California law and with due regard to the requirements of an assignment pursuant to Paragraph 19, especially to the unique and significant character of the tribal cultural values involved. Grantor may request relief from the court, in an action under this paragraph to void the Easement if Grantee or its assignee ceases to be a qualified organization or refuse their rights and obligations under this Easement. Grantor agrees to give Grantee sixty ( 60) days notice of any intention to seek relief under this paragraph. 25. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of California Civil Code Section 815 et. seq .. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. ( c) Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. ( d) Entire Agreement. This instrument sets forth the entire agreement of the parties and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Paragraph 18. (e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. (f) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. Page 7 of8 September 25, 2018 Item #6 Page 11 of 12 (g) Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to the transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever. IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written. Grantee: San Luis Rey Band of Mission Indians, a California Native American Tribe Melvin Vernon, Captain Grantor: The City of Carlsbad, A municipal corporation in the State of California By: Matt Hall, Mayor Exhibit A -Map and legal description of Easement Page 8 of8 APPROVED AS TO FORM Celia A. 8.-.w«, Cttr NJorne'f 8-,: ~ ..Aiet{Oeputy City Attorney City of Carlsbad, CA 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 Californ~ .......... County of t2an 1o, e...~o 31ei/a l<.C~ob1<U'.) N<ltafu~bl,'c (insert name and title of 'the offic - personally appeared \ who proved to me on the basis of satisfactory evidence to be the person(s-} whose name~ ·s ai:e ~cribed to the within instrument and acknowl~~d to_ me that~beitbey executed the same in (bjs;herttt:lcir authorized capacity~and that b~ignatur$Jon the instrument the person.{.s'), or the entity upon behalf of which the persop{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. 1-• ~ 0 6 • 7He7LA 7 c~a,:,.. 0 0 f _ Notiry ~ublic -(;1!iiorni;1 i . Sin Di~c County i Commission• 2204481 - My Comm. Expir@s Jul 10, 2021 {Seal) 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 San Diego On a l ~ ' JO d.n !'is before me, Tamara R. McMinn, Notary Public J (insert name and title of the officer) personally appeared . mQ,Y_;j~ ~DQ 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. Signat~~m~Seal) -------------I. TAMARA R. MCMINN t Notary Public -California r San Diego County I Comminion # 2159561 ~ . My Comm. EIUNl'II Jul 10, 20201 --------....