HomeMy WebLinkAbout2023-07-25; 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 RoblCA Review GH
Meeting Date: July 25, 2023
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: 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
Recommended 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 Analysis
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 Evaluation
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 National
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
� �HERRY FREISINGER, City Clerk D (SEAL)
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July 25, 2023 Item #3 Page 7 of 70
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 11922 (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 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, 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
Anastaz 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(, ~< < ~
Alfonsa 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
paragra )h is true and correct.
I and official seal.
July 25, 2023 Item #3 Page 15 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.
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
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 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 notary public or other officer 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
Name, 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
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I ce11i fy 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. 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
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 Ca/1/r:trtttd..
County of t/~llA'rA._..,
personally appeared --~.,.__
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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
::3 I
" I
/ f
I
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; i,. 1/.,_c, ¥ d~
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I
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..._____
0 20
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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"03122• E 42.00'
L7 S 52°56138• 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, Trustee 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. Herrle 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
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 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
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 _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/ Atb l,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 A11
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;
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
~
I
I
I
I
I
LI.I /
• I ~ p i
" 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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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
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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 DIEGO 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 theCity of Carlsbad, County of San Diego, State of California, and holds an easement for gasfacilities and appurtenances (“SDG&E Facilities”) located in, upon, over, under, and across thatcertain 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 andby this reference made a part hereof, and intends to construct, operate and maintain therein apublicly dedicated street the location of which is shown on Exhibit “B” attached hereto andmade a part hereof. A portion of the proposed dedicated public street will traverse the Easementand 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 RoadwayImprovement Plans No. 6072, Federal No. 5308 (021) FERPL16, a copy of which is on file inthe office of the City Engineer of the City of Carlsbad.
D.The CITY’s proposed public street dedication serves to widen the existing El Camino Realroadway, 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 CITYto 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 100San 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 CITY’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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TRASIKIS GRAZINA MITKEVICIUS
ALBINAS & ANASTAZIJA
LIVING TRUST
FIRE HYDRANT ASSEMBLY
WATER METER SERVICE (2)
POR. LOT "G"
RANCHO AGUA HEDIONDA
MAP NO. 823
STORM DRAIN
GAS EASEMENT
DOC NO. 129530
PROPERTY LINE
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PROPERTY LINE
SCALE: 1"=80'
CHECKED BY: DN DA TE: 2023 /06 /191--------------------------r--------,
1------------'------------, CITY OF CARLSBAD
APPROVED BY:
DRAFT- NOT FOR RECORDATION –
1
Recording Requested by
And when recorded, mail to:
San Diego Gas & Electric Company ATTN: Real Estate Records
8690 Balboa Ave., CPA01
San Diego, CA 92123
(SPACE ABOVE FOR RECORDER'S USE)APN: Portion of 213-050-16-00 SR: RW#
Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY
CONSENT 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 installing, 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 Agreement and Covenant (“Agreement”). Such Agreement is made to further
Consentee’s project entitled “El Camino Real Widening 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 on 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 equipment 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 Agreement shall run with the
Property and shall benefit and bind all present and future parties having any right, title or interest 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 SDG&E’s title to the SDG&E Easement 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 Consentee’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 Agreement, and automobile liability insurance, 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. Consentee 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 hereunder 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 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)
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 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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DRAWN BY: CP DA TE: 2022/12/14
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GAS EASEMENT
DOC NO. 129530
ROADWAY 1"1DENING
CURB & GUTTER
SIDEWALK
PROPERTY LINE
PROPOSED R/W --~ ~ STR/WI TCH LIN
OV[~r-
LEGEND
-ENCROACHMENT AREA
.....
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APN 215-110-16
PROPERTY LINE
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:
~-42£4
Name: ANDREW D. REINTJES
~,.c·z. V ~~
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 1f'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
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
validitv 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 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·tnf'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'V1 5 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-ft=-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