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HomeMy WebLinkAbout2022-11-15; City Council; ; Acquisition of Real Property along El Camino Real from Cinnabar Way to Camino Vida Roble for Widening El Camino RealCA Review CKM Meeting Date: Nov. 15, 2022 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Brandon Miles, Associate Engineer brandon.miles@carlsbadca.gov, 442-339-2745 Hossein Ajideh, Engineering Manager hossein.ajideh@carlsbadca.gov, 442-339-2756 Subject: District: Acquisition of Real Property along El Camino Real from Cinnabar Way to Camino Vida Roble for Widening El Camino Real 2 Recommended Action Adopt a resolution authorizing Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the owners of Assessor Parcel No. 213-050-16, 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 (Capital Improvement Program Project No. 6072) at the estimated fair market value of $260,000. Executive Summary The City of Carlsbad is planning to widen northbound El Camino Real from Cinnabar Way to Camino Vida Roble to add a third vehicle lane to meet city design standards and the standards in the city’s General Plan and Growth Management Plan, which call for El Camino Real to be a six-lane roadway (Capital Improvement Program Project No. 6072). The city needs to acquire additional right-of-way from the property owners along this segment to widen the roadway. This road segment will be restriped from Poinsettia Lane to Cinnabar Way and physically widened from Cinnabar Way to Camino Vida Roble to provide a third northbound vehicle lane. The project will also provide new sidewalks, new streetlights, a landscaped median and enhanced buffered bike lanes. While the project predates the city’s declaration of a local state of emergency,1 the work supports the city’s emergency efforts to enhance traffic safety while improving circulation and ease of mobility for people using all forms of transportation. In addition to purchasing some of the needed property, the city will also need to obtain temporary access to some of the property through a construction easement. An appraisal 1 The City Manager, who is also the Director of Emergency Services, proclaimed a state of local emergency for bike, e-bike and traffic safety on Aug. 23, 2022. The City Council ratified the proclamation seven days later. (Resolution No. 2022-214) The City Council extended the emergency for an additional 60 days on Oct. 18, 2022. (Resolution No. 2022-250) Nov. 15, 2022 Item #4 Page 1 of 29 report estimated the fair market value for the property that will need to be purchased at $205,659, and the fair market value of the temporary construction easement at $52,128. Staff recommend the City Council authorize Project Manager Miles, Real Estate Manager Jackson and consultant Dokken Engineering to negotiate with the property owners, or their agents, to acquire the property and easement for the project. Legal descriptions of the property and easement are provided in Exhibit 3 and Exhibit 4. This item is being presented to the City Council in accordance with California Government Code Section 54956.8, which requires that a local agency hold an open and public session in which it identifies its negotiators, the real properties that are the subject of the negotiations, and the parties with whom its negotiators may negotiate. Discussion The city is planning to widen the northbound segment of El Camino Real for approximately 1,500 feet from Cinnabar Way to Camino Vida Roble to provide a six-lane arterial roadway that will be consistent with the city’s design standards, Growth Management Plan and Mobility Element, the part of the city’s General Plan focused on transportation. (See location map, Exhibit 2.) The design has been completed and the project is ready to move forward with negotiating with the property owners and acquiring the real property and easement needed to proceed with the project. This is a federally funded project, with the funding administered through the California Department of Transportation. The city has typically required private property owners to provide certain public improvements along the frontage of their projects when they develop their properties, as part of their site improvements and the conditions the city places on the project. However, in this case, there are no immediate plans to develop the property, there is federal funding available, and the city needs to improve traffic operations on El Camino Real to meet the requirements of the General Plan Mobility Element. Staff used a professional right-of-way agent for appraisals and property acquisition services, The agent prepared an offer, which was then reviewed by city staff. The fair market value of the property interests is $260,000. Property needed Square footage Value APN 213-050-16 Permanent right-of-way 22,851 $205,659 Temporary construction easement 17,548 $52,128 TOTAL (rounded) $260,000 If the property owners are interested in selling the property interests for the appraised values described above, staff will return to the City Council for authority to complete the purchase. Nov. 15, 2022 Item #4 Page 2 of 29 Options Staff provide the following options for the City Council’s consideration: 1. Authorize Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the property owners, or the owners’ agents, for acquisition of the property and easement at the estimated fair market value of $260,000 Pros • Provides the necessary right-of-way to construct improvements on the relevant segment of El Camino Real • Allows staff to negotiate with the property owner to acquire the needed right-of- way • The project will improve all modes of mobility in the project area with additional right-of-way Cons • None identified 2. Do not authorize Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the property owners, or the owners’ agents, for acquisition of the property and easement at the estimated fair market value of $260,000 Pros • None identified Cons • The project’s proposed third vehicular travel lane could not be constructed as currently designed because of insufficient right-of-way for public purposes • Inaction would result in continued congestion in the roadway with possible increases in congestion in the future • The proposed additional northbound vehicular through travel lane on El Camino Real and sidewalk improvements would not be possible Staff recommend Option 1. Nov. 15, 2022 Item #4 Page 3 of 29 Fiscal Analysis Sufficient funding has been appropriated from TransNet, the county sales tax that funds transportation projects, and federal grant funds. Fiscal impacts and estimated costs for acquisition of the property interests are shown in the following table: Next Steps Upon City Council approval, Project Manager Miles, Real Estate Manager Jackson and consultant Dokken Engineering will negotiate and make an offer to the property owners, or their agents, based on the appraised fair market value. If the property owners are interested in selling the property interests for the appraised values described above, staff will return to the City Council for authority to complete the purchase. Environmental Evaluation Pursuant to 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 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 pursuant to National Environmental Policy Act Regulation 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. Caltrans’s determination of exclusion is recorded in a categorical exclusion determination form dated June 28, 2022. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing at least 72 hours prior to the posting of the agenda. 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 $519,606 Total available funding $4,075,394 Additional project costs Grant deed – APN 213-050-16 $205,659 Temporary construction easement – APN 213-050-16 $52,128 Total acquisition $257,787 Total acquisition (rounded) $260,000 Remaining balance $3,815,394 Additional appropriation needed $0 Nov. 15, 2022 Item #4 Page 4 of 29 Exhibits 1. City Council resolution 2. Location map 3. Legal description and grant deed - APN 213-050-16 4. Legal description and temporary construction easement - APN 213-050-16 Nov. 15, 2022 Item #4 Page 5 of 29 RESOLUTION NO. 2022-259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING PROJECT MANAGER BRANDON MILES, REAL ESTATE MANAGER CURTIS JACKSON AND CONSULTANT DOKKEN ENGINEERING TO NEGOTIATE WITH THE OWNERS OF ASSESSOR PARCEL NO. 213-050-16, 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 {CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 6072) AT THE ESTIMATED FAIR MARKET VALUE OF $260,000 WHEREAS, the City Council of the City of Carlsbad, California, has determined it necessary, desirable and in the public interest to provide road improvements along El Camino Real from Poinsettia Lane to Camino Vida Roble; and WHEREAS, El Camino Real Improvements from Poinsettia Lane to Camino Vida Roble, Capital Improvement Program Project No. 6072, or the Project, provides an additional northbound vehicular travel lane, sidewalk and enhanced buffered bike lanes; and WHEREAS, a portion of the Project will include widening northbound El Camino Real to add a thirc:l vehicular travel lane that will require additional right-of-way and a temporary construction easement along El Camino Real between Cinnabar Way and Camino Vida Roble from Assessor Parcel No. 213-050-16, or the Subject Property; and WHEREAS, a portion of CIP Project No. 6072 is located outside the existing city right-of-way boundary; and WHEREAS, the fair market value of fee simple right-of-way and temporary construction easement interests from the Subject Property was recently appraised at approximately $260,000; and WHEREAS, sufficient funding from TransNet-Local and federal grant funds is available in the Project account for the acquisition of the property interests; and WHEREAS, California Government Code Section 54956.8 requires that a local agency hold an open and public session in which it identifies its negotiators, the real property or properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate; and WHEREAS, staff recommend that the City Council authorize Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the property Exhibit 1 Nov. 15, 2022 Item #4 Page 6 of 29 owners, or their agents, for acquisition of the right-of-way and construction easement from the Subject Property; and WHEREAS, on June 1, 2022, the Planning Commission reviewed and adopted the Final Mitigated Negative Declaration, Initial Study and Mitigation Monitoring and Reporting Program for the proposed transportation improvements as part of Planning Commission Resolution 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 National Environmental Policy Act (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 Caltrans'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. 2. That the above recitations are true and correct. That the City Council authorizes Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering to negotiate with the owners of the Subject Property, or their agents, for acquisition of the right-of-way and temporary construction easement from the Subject Property at the estimated fair market value of $260,000. 3.That Project Manager Brandon Miles, Real Estate Manager Curtis Jackson and consultant Dokken Engineering will return to the City Council for authority to complete the purchase if the property owners are interested in selling the property interests for the appraised value. Nov. 15, 2022 Item #4 Page 7 of 29 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of November, 2022, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Bhat-Patel, Acosta, Norby. None. Blackburn. MATT HALL, Mayor rFAVIOLA MEDINA, City Clerk Services Manager (SEAL) Nov. 15, 2022 Item #4 Page 8 of 29 EL CAMINO REAL ROAD IMPROVEMENTS FROM POINSETTIA LANE TO CAMINO VIDA ROBLE 6072 2PALOMARAIRPOR T RD.ELCAMINOREALPOINS E T TI A LN. EL FUERTEST.CA M I N O VIDA ROBLE CASSIA RD.ALICANTE RD.SITE PALOMAR AIRPORT SITE Exhibit 2 Nov. 15, 2022 Item #4 Page 9 of 29 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 NO FEE DOCUMENT Government Code §6103 & §27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City ClerkCITY OF CARLSBAD1200 Carlsbad Village DriveCarlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE No Documentary Tax Due – R&T 11922 (amended) GRANT DEED APN: 213-050-16 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, an undivided 1/8 interest; ANASTAZIJA MITKEVICIUS, as Successor Trustee of the Albinas Mitkevicius and Anastasija Mitkevicius Living Trust Agreement, as to an undivided 1/4 interest; ALDONA ZMULDZINAS, Trustee of the Aldona Zmuldzinas Family Trust under Declaration of Trust dated February 4, 2014, an undivided 1/8 interest; ALFONSA PAZIURA, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, an undivided 1/4 interest; LINUS J. RAIBYS, Successor Trustee, Juozas Raibys Trust dated July 30, 2010, an undivided 1/8 interest; and GRAZINA TRASIKIS, a married woman, as her sole and separate property, an undivided 1/8 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 By: Andrew D. Reintjes Date: By: Linda E. Reintjes Date: Exhibit 3 Nov. 15, 2022 Item #4 Page 10 of 29 ANASTAZIJA MITKEVICIUS, as Successor Trustee of the Albinas Mitkevicius and Anastasija Mitkevicius Living Trust Agreement By: Anastazija Mitkevicius, Successor Trustee Date: ALDONA ZMULDZINAS, Trustee of the Aldona Zmuldzinas Family Trust under Declaration of Trust dated February 4, 2014 By: Aldona Zmuldzinas, Trustee Date: ALFONSA PAZIURA, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011 By: Alfonsa Paziura, Trustee Date: LINUS J. RAIBYS, Successor Trustee, Juozas Raibys Trust dated July 30, 2010 By: Linus J. Raibys, Successor Trustee Date: GRAZINA TRASIKIS, a married woman, as her sole and separate property By: Grazina Trasikis Date: Nov. 15, 2022 Item #4 Page 11 of 29 PAGE 1 OF 2 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 “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 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 Nov. 15, 2022 Item #4 Page 12 of 29 PAGE 2 OF 2 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 JOEL D. RIIPINEN LS 7942 Nov. 15, 2022 Item #4 Page 13 of 29 Nov. 15, 2022 Item #4 Page 14 of 29 0 100 200 I REVISED BY: DRAWN BY: KA CHECKED BY: JR APPROVED BY: EXHIBIT "B" SPER ( y DATE: DATE: 1-28-21 DATE: 1-28-21 DATE: 1/ f LEGEND ~ ~ T.P.O.B. P.O.B. E1 A I 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 TRUE POINT OF BEGINNING POINT OF BEGINNING 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 HEDIONDA, DOC. NO. MAP NO. 823 DWG. NO. GRAZINA TRASIKIS Nov. 15, 2022 Item #4 Page 15 of 29► 0 0 ;a -u I ;a rrl -u rrl ► ~ ;a 0 :;;;: (/) 0 ;,;:: z rrl < rrl 0 rrl 0 aJ 0 ~ aJ aJ ~ aJ ~ ~ c... :;,,.: ;;o > 010 010 ► ► ► ► ~ = = ~ I I N N 00 00 I I N N ..... ..... "C 0 rr, ?' r r 0 ("') -I > • :ii:: Ci"?, C) z ;;o :ii:: 0 0 >>"'Tl !::::f "C :;:c ~z~ ::::0 rr, :::t1P2 > >OD 0 r U>N > :;,,.: vi c, ~ -C: (/) > C ::c rr, ~ z C 0 z z G') C ]>-0 ~ z 9 ~ , ~ SOUTH LINE OF RANCHO AGUA V ~ ~ HEDIONDA, IN THE CITY OF CARLSBAD, 8 :0 COUNTY OF SAN DIEGO, STATE OF EL CAMINO REAL f--~ ::::a (/) 3:: -rr1► G") rr1 -I ~~~ •r 0-\ ~ CALIFORNIA, ACCORDING TO MAP "" )i~EREOF NO. 823 ; .. -· ____ j I ; -·-·-• ti ~ ~ ?\7 J J J J J J AJ J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J::L J J v J J a, u/. THE E'L Y 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 O.R. =ez rr1 ~~ ~ °1~"'/ ~~\\t\\\\\1 ( ( ( I ( ( ~JJJJ~ ~\:0 (\\\\~~~~~~; ~~~ •/ ~ \., -.-.on-.•nn• r-,\ \ \ \ \ ----•• \ r/ U> N OD!'> ' ~\+-+\-\\ \' -ZN I ~ ~ u" V.., N 42"53'01 • E ~ 1,~·9~ ~ v1 ~ a, -" :>. 135 04' ~-=-t,-.i.........,._-----'-------'----4-::;;,------• \,._ f>\ v1 co -'f9 ' --' '---2813'_/ g"l,,1r":I• d Ul r t;3 ~ •• • 1• v1 -..,1 • J-c\ APN 213-050-16 N 3713 09 E a° ~ V♦ ■ ~ ~ 0 0 ~ CU> -z:~ ~~ N >~ 1•(/)3\:: 0 z l""L__ rr1 rr1 >----0 ~ -"'Tl rr1 (") -I -I ci EL CAMINO REAL C:.f,,. -~er--#' > :I:-CD :;:c C Or >~ ~~ ~CD • C: r > ri1 C I OD -I~ la, u/. { !:! THE E'L Y 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 O.R. (/) 3::1 rrl> -rrl -I (/)(") -:I: :I: rr1, rr1---1Z rr1 vJ APN 213-050-16 -' ' '-----225.00'--+---N 37-03'22• E Nov. 15, 2022 Item #4 Page 16 of 29 ____ ..... i\ JASPER WA'< t ..___i 0 20 40 80 \ y--E5_/' _J <(el w 45' 0::: _____ ____,_....__ 0 z :l!: <( u _J w I 63' MATCH LINE ~$HEET 2_"""""-l REVISED BY: DATE: DRAWN BY: KA DATE: 1-28-21 CHECKED BY: JR DATE: 1-28-21 APPROVED BY: DATE: ~ ("') ~ z 0\ ~\ ?!- \ ~ I \ I i MATCH LINE SEE ABOVE LEFT t EL CAMINO REAL WIDENING POR. LOT •G• OF RANCHO AGUA HEDIONDA, MAP NO. 823 GRAZINA TRASIKIS -sj-r---N 0 . NO:::'. <( ::2' o_ o_ 1· = 40' DOC. NO. DWG. NO. Nov. 15, 2022 Item #4 Page 17 of 29 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"03'22• E 42.00' L7 S 52"56'38• E 14.23' CURVE TABLE CURVE NO. DELTA RADIUS LENGlH C1 13"47'11· 1530.00' 368.19' C2 1416'36. 1863.00' 464.21' C3 0"25'33• 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 EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND/OR EMBANKMENT SLOPES FOR CONSTRUCTION AND MAINTENANCE OF lHE 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 WllH 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. E5 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 DWG. NO. GRAZINA TRASIKIS 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 County of On before me, , Date Name, Title of Officer personally appeared 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. Witness my hand and official seal. __________________________________ Signature of Notary Nov. 15, 2022 Item #4 Page 18 of 29 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, an undivided 1/8 interest; ANASTAZIJA MITKEVICIUS, as Successor Trustee of the Albinas Mitkevicius and Anastasija Mitkevicius Living Trust Agreement, as to an undivided 1/4 interest; ALDONA ZMULDZINAS, Trustee of the Aldona Zmuldzinas Family Trust under Declaration of Trust dated February 4, 2014, an undivided 1/8 interest; ALFONSA PAZIURA, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, an undivided 1/4 interest; LINUS J. RAIBYS, Successor Trustee, Juozas Raibys Trust dated July 30, 2010, an undivided 1/8 interest; and GRAZINA TRASIKIS, a married woman, as her sole and separate property, an undivided 1/8 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 Nov. 15, 2022 Item #4 Page 19 of 29 1078843.1 NO FEE DOCUMENT Government Code §6103 & §27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City ClerkCITY OF CARLSBAD 1200 Carlsbad Village DriveCarlsbad, 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, an undivided 1/8 interest; ANASTAZIJA MITKEVICIUS, as Successor Trustee of the Albinas Mitkevicius and Anastasija Mitkevicius Living Trust Agreement, as to an undivided 1/4 interest; ALDONA ZMULDZINAS, Trustee of the Aldona Zmuldzinas Family Trust under Declaration of Trust dated February 4, 2014, an undivided 1/8 interest; ALFONSA PAZIURA, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, an undivided 1/4 interest; LINUS J. RAIBYS, Successor Trustee, Juozas Raibys Trust dated July 30, 2010, an undivided 1/8 interest; and GRAZINA TRASIKIS, a married woman, as her sole and separate property, an undivided 1/8 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 Property. 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 counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument. Exhibit 4 Nov. 15, 2022 Item #4 Page 20 of 29 1078843.1 GRANTOR: ANDREW D. REINTJES and LINDA E. REINTJES, husband and wife, as joint tenants By: Andrew D. Reintjes Date: By: Linda E. Reintjes Date: ANASTAZIJA MITKEVICIUS, as Successor Trustee of the Albinas Mitkevicius and Anastasija Mitkevicius Living Trust Agreement By: Anastazija Mitkevicius, Successor Trustee Date: ALDONA ZMULDZINAS, Trustee of the Aldona Zmuldzinas Family Trust under Declaration of Trust dated February 4, 2014 By: Aldona Zmuldzinas, Trustee Date: ALFONSA PAZIURA, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011 By: Alfonsa Paziura, Trustee Date: LINUS J. RAIBYS, Successor Trustee, Juozas Raibys Trust dated July 30, 2010 By: Linus J. Raibys, Successor Trustee Date: GRAZINA TRASIKIS, a married woman, as her sole and separate property By: Grazina Trasikis Date: Nov. 15, 2022 Item #4 Page 21 of 29 1078843.1 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 County of On before me, , Date Name, Title of Officer personally appeared 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. Witness my hand and official seal. __________________________________ Signature of Notary Nov. 15, 2022 Item #4 Page 22 of 29 PAGE 1 OF 2 EXHIBIT "A" 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 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; THENCE ALONG SAID SOUTH LINE SOUTH 89°26’23” EAST 22.39 FEET TO A LINE THAT IS 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; Nov. 15, 2022 Item #4 Page 23 of 29 PAGE 2 OF 2 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 JOEL D. RIIPINEN LS 7942 Nov. 15, 2022 Item #4 Page 24 of 29 Nov. 15, 2022 Item #4 Page 25 of 29 0 100 200 I REVISED BY: DRAWN BY: KA CHECKED BY: JR APPROVED BY: EXHIBIT "B" SPER ( y DATE: DATE: 1-28-21 DATE: 1-28-21 DATE: 1/ f LEGEND ~ ~ T.P.O.B. P.O.B. E1 A I 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 TRUE POINT OF BEGINNING POINT OF BEGINNING 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 HEDIONDA, DOC. NO. MAP NO. 823 DWG. NO. GRAZINA TRASIKIS Nov. 15, 2022 Item #4 Page 26 of 29► 0 0 ;a -u I ;a rrl -u rrl ► ~ ;a 0 :;;;: (/) 0 ;,;:: z rrl < rrl 0 rrl 0 aJ 0 ~ aJ aJ ~ aJ ~ ~ c... :;,,.: ;;o > 010 010 ► ► ► ► ~ = = ~ I I N N 00 00 I I N N ..... ..... "C 0 rr, ?' r r 0 ("') -I > • :ii:: Ci"?, C) z ;;o :ii:: 0 0 >>"'Tl !::::f "C :;:c ~z~ ::::0 rr, :::t1P2 > >OD 0 r U>N > :;,,.: vi c, ~ -C: (/) > C ::c rr, ~ z C 0 z z G') C ]>-0 ~ z 9 ~ , ~ SOUTH LINE OF RANCHO AGUA V ~ ~ HEDIONDA, IN THE CITY OF CARLSBAD, 8 :0 COUNTY OF SAN DIEGO, STATE OF EL CAMINO REAL f--~ ::::a (/) 3:: -rr1► G") rr1 -I ~~~ •r 0-\ ~ CALIFORNIA, ACCORDING TO MAP "" )i~EREOF NO. 823 ; .. -· ____ j I ; -·-·-• ti ~ ~ ?\7 J J J J J J AJ J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J::L J J v J J a, u/. THE E'L Y 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 O.R. =ez rr1 ~~ ~ °1~"'/ ~~\\t\\\\\1 ( ( ( I ( ( ~JJJJ~ ~\:0 (\\\\~~~~~~; ~~~ •/ ~ \., -.-.on-.•nn• r-,\ \ \ \ \ ----•• \ r/ U> N OD!'> ' ~\+-+\-\\ \' -ZN I ~ ~ u" V.., N 42"53'01 • E ~ 1,~·9~ ~ v1 ~ a, -" :>. 135 04' ~-=-t,-.i.........,._-----'-------'----4-::;;,------• \,._ f>\ v1 co -'f9 ' --' '---2813'_/ g"l,,1r":I• d Ul r t;3 ~ •• • 1• v1 -..,1 • J-c\ APN 213-050-16 N 3713 09 E a° ~ V♦ ■ ~ ~ 0 0 ~ CU> -z:~ ~~ N >~ 1•(/)3\:: 0 z l""L__ rr1 rr1 >----0 ~ -"'Tl rr1 (") -I -I ci EL CAMINO REAL C:.f,,. -~er--#' > :I:-CD :;:c C Or >~ ~~ ~CD • C: r > ri1 C I OD -I~ la, u/. { !:! THE E'L Y 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 O.R. (/) 3::1 rrl> -rrl -I (/)(") -:I: :I: rr1, rr1---1Z rr1 vJ APN 213-050-16 -' ' '-----225.00'--+---N 37-03'22• E Nov. 15, 2022 Item #4 Page 27 of 29 ____ ..... i\ JASPER WA'< t ..___i 0 20 40 80 \ y--E5_/' _J <(el w 45' 0::: _____ ____,_....__ 0 z :l!: <( u _J w I 63' MATCH LINE ~$HEET 2_"""""-l REVISED BY: DATE: DRAWN BY: KA DATE: 1-28-21 CHECKED BY: JR DATE: 1-28-21 APPROVED BY: DATE: ~ ("') ~ z 0\ ~\ ?!- \ ~ I \ I i MATCH LINE SEE ABOVE LEFT t EL CAMINO REAL WIDENING POR. LOT •G• OF RANCHO AGUA HEDIONDA, MAP NO. 823 GRAZINA TRASIKIS -sj-r---N 0 . NO:::'. <( ::2' o_ o_ 1· = 40' DOC. NO. DWG. NO. Nov. 15, 2022 Item #4 Page 28 of 29 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"03'22• E 42.00' L7 S 52"56'38• E 14.23' CURVE TABLE CURVE NO. DELTA RADIUS LENGlH C1 13"47'11· 1530.00' 368.19' C2 1416'36. 1863.00' 464.21' C3 0"25'33• 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 EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND/OR EMBANKMENT SLOPES FOR CONSTRUCTION AND MAINTENANCE OF lHE 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 WllH 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. E5 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 DWG. NO. GRAZINA TRASIKIS 1078843.1 CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDATION This is to certify that the interest in real property conveyed by the roadway easement from ANDREW D. REINTJES and LINDA E. REINTJES, husband and wife, as joint tenants, an undivided 1/8 interest; ANASTAZIJA MITKEVICIUS, as Successor Trustee of the Albinas Mitkevicius and Anastasija Mitkevicius Living Trust Agreement, as to an undivided 1/4 interest; ALDONA ZMULDZINAS, Trustee of the Aldona Zmuldzinas Family Trust under Declaration of Trust dated February 4, 2014, an undivided 1/8 interest; ALFONSA PAZIURA, Trustee of the Alfonsa Paziura Revocable Trust dated August 30, 2011, an undivided 1/4 interest; LINUS J. RAIBYS, Successor Trustee, Juozas Raibys Trust dated July 30, 2010, an undivided 1/8 interest; and GRAZINA TRASIKIS, a married woman, as her sole and separate property, an undivided 1/8 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 Nov. 15, 2022 Item #4 Page 29 of 29