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Home My WebLink About10 EXTENSION OF TEMPORARY CONSTRUCTION EASEMENTS ON CITY OWNED REAL PROPERTY IN THE PACIFIC CENTER EDocusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 MEETING DATE TO: FROM: SUBJECT: REPORTAGENDA SEPTEMBER 16, 2025 ALDO E. SCHINDLER, CITY MANAGER Agenda Item 10 Reviewed: City Manager Flnitial � Finance Director ) BRIAN MONCRIEF, DEPUTY CITY MANAGER — REAL PROPERTY EXTENSION OF TEMPORARY CONSTRUCTION EASEMENTS ON CITY OWNED REAL PROPERTY IN THE PACIFIC CENTER EAST SPECIFIC PLAN AREA Request for authorization to execute several documents that will extend the term of two (2) existing temporary construction easements for the Orange County Transportation Authority on City owned real property in the Pacific Center East Specific Plan Area from October 2025 to April 2026 to support ongoing construction of the State Route 55 freeway widening project. 1:7x0101►ViIJil=1►117_111IQZI It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute the First Amendment to Right of Way Contract with the Orange County Transportation Authority subject to any non -substantive modifications as may be deemed necessary and/or recommended by the City Attorney; and 2. Authorize the City Manager to execute a Grant of Easement to the Orange County Transportation Authority for each temporary construction easement. FISCAL IMPACT: For consideration of the extension of the two (2) existing temporary construction easements, the Orange County Transportation Authority will pay the City $14,200. Should the City execute the extension documents by October 8, 2025, the Orange County Transportation Authority will pay a 20% incentive equating to an additional $2,840 for a total of $17,040. The Orange County Transportation Authority provided a waiver valuation estimate to the City on July 16, 2025 conducted by the Orange County Transportation Authority's real estate consultant Monument that is based on an original appraisal report from MAI certified Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 City Council Agenda Report Extension of Temporary Construction Easements September 16, 2025 Page 2 appraiser Sharon A. Hennessey. The City has reviewed the waiver valuation and finds its conclusions and general findings reasonable to proceed. CORRELATION TO THE STRATEGIC PLAN: The extension of temporary construction easements contributes to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development. Specifically, this item implements Strategy 10, which is to enhance mobility around the community, engaging partnerships with the Orange County Transportation Authority and the region. BACKGROUND AND DISCUSSION: On May 19, 2020, the City Council authorized the City Manager to execute Grant of Easements to the Orange County Transportation Authority (OCTA) for two (2) temporary construction easements (TCEs) on City -owned property within the Pacific Center East Specific Plan Area to support construction of the then in planning State Route 55 (SR-55) freeway widening project. The TCEs were each for a term of five (5) years, set to expire in October 2025. OCTA began construction within both TCE areas in May 2025, much later than originally anticipated. While the overall schedule of the SR-55 freeway widening project will continue into 2026 and beyond, OCTA anticipates only needing these TCEs until April 2026. A six- month extension of the TCEs is needed to accommodate the additional time. The Orange County Transportation Authority provided a waiver valuation estimate to the City on July 16, 2025 conducted by the Orange County Transportation Authority's real estate consultant Monument that is based on an original appraisal report from MAI certified appraiser Sharon A. Hennessey. The offer package also contains an amendment to the original right-of-way contract and two grants of easements reflecting the six-month extension. The valuation of the TCE extensions equates to a total of $14,200 for the six-month extension period. Should the City execute the extension documents by October 8, 2025, the Orange County Transportation Authority will pay a 20% incentive equating to an additional $2,840 for a total of $17,040 for the six-month extension period. Staff does not anticipate that the extension of the TCEs will impact negotiations or ultimate disposition of the City -owned real property in the Pacific Center East Specific Plan Area. E .,S�i�gned by:�Yia 1. V UVI.(,n-tf 8EC822E593C74F8... Brian Moncrief Deputy City Manager — Real Property C,ySigned by: 7�rmr�r�� iBrroec 6E84E312-2-A465... Kenneth Piguee Real Property Manager Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 City Council Agenda Report Extension of Temporary Construction Easements September 16, 2025 Page 3 Attachments: 1. OCTA Offer Package Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 mREAL ESTATE I RIGHT-OF-WAY I DBE I SEE CONFIDENTIAL This document contains personal information and pursuant to Civil Code 1798.21, it shall be kept confidential in order to protect against unauthorized disclosure. WAIVER VALUATION APNs: 430-251-23 and 430-251-37 (formerly 430 251-22) Date: July 16, 2025 Owner: City of Tustin, a municipal corporation Property Address: North of Valencia Avenue, adjacent to SR-55, Tustin, CA 92780 Zoning: SP-11, Pacific Center Present Use: Vacant Land Best Use: Office Use East Specific Plan Gen Plan PCCB — Planned Community Commercial/Business Date of Previous Sale: According to the public records, no deeds conveying the subject property have been recorded within a period of 5 years prior to the date of this report. Total Lot Size: 11.28 acres / 491,274 Sq. Ft Land Area Affected (SF): 2,151 Sq. Ft. - TCE Extension 1,791 Sq. Ft. - TCE Extension Interest Valued: Temporary Construction Easement (Extensions) Waiver Valuation Total: $14,200.00 PARCEL DESCRIPTION: The subject larger parcel is identified as APNs 430-251-23 and 430-251-37 (formerly 430-251-22), irregular in shape, totaling 491,274 square feet/11.28 acres. These two Assessor's Parcels comprise of the larger parcel as they are under one ownership, are contiguous, and have unity of use. The larger parcel has no street address. It is located adjacent to 511-55 at the northwest corner of Valencia Avenue and Newport Avenue, Tustin, California (in the County of Orange). The parcel is zoned SP-11, Pacific Center East Specific Plan, currently vacant land enclosed by a chain -link fence. The intent of this specific plan is for development of corporate, professional, and general offices with limited supporting commercial uses. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 mREAL ESTATE I RIGHT-OF-WAY I DBE I SBE PROJECT DESCRIPTION: The Costa Mesa Freeway (SR-55) is one of the most heavily congested freeways in Southern California. The SR-55 is a vital link to the other major freeway systems in Orange County, and it is the only freeway providing a direct north -south connection between Central Orange County and the coastal region. Currently, the SR-55 between Interstate 405 (1-405) and Interstate 5 (1-5) has four general purpose lanes, one carpool land and some auxiliary lanes in each direction. The heavy congestion on SR-55 is expected to increase with future demand. This project is proposing to add one High Occupancy Vehicle and general-purpose lane in each direction to this stretch of the freeway to reduce congestion and increase capacity. In addition, existing auxiliary lanes will be maintained and propose new auxiliary lanes will be added at two specific locations. The project is looking to extend the two TCEs acquired in connection with the SR-55 project from the City of Tustin for an additional six months to accommodate the construction of the proposed improvements. TCE 103727-2 is 5.0 feet wide by 440 feet long with a total area of 2,151 square feet. The TCE area is needed to provide a work area for the freeway project. It extends along the east side of the fee acquisition area. This TCE Extension term is six months. TCE 103727-3 is 20 feet at its widest by 131 feet long with a total area of 1,791 square feet. It extends along the north side of Valencia Avenue. The area where the TCE is located is entirely within the portion of the larger parcel that would be required to be dedicated for development. The TCE area is needed for the construction of a cul-de-sac at the terminus of Valencia Avenue. This TCE Extension term is six months. ANALYSIS FINDING: Using the Comparable Sales appraisal method, recent sales of comparable commercial land were compiled. Four comparable properties were identified and analyzed. These sales range from July 2021 to April 2025, and site sizes range from 85,438 square feet to 304,920 square feet. The sale prices per square foot range from $53.99 to $99.37. A search for comparable sales was first conducted in the City of Tustin. Due to the limited number of market transactions, the sales search area was expanded to surrounding cities. After review of each comparable land sale, it is opined that the fair market bare land value of the subject parcel, as of the date of this analysis, is $90.00 per square foot. Comparable sales #2 and #3 are applied primary consideration in determining the subject's estimated price per square foot as they are the most recent sales and are similar in location characteristics. The size of their lots (being significantly smaller) is taken into consideration. Comparable sale #2 is located in the city of Tustin, having a similar irregular shaped lot, and is proximate to the 5 Freeway (having similar traffic exposure as the subject). Comparable sale #3 is applied secondary consideration as it is most similar to the subject in site size, however, is the oldest sale (closing in 2021). Comparable sale #4 is superior in zoning as it is zoned "PC" which will allow projects to include a mix of residential, commercial and business park uses - More flexible land use arrangements that are not typical in conventional zoning. Comparable sale #1 is the most recent sale, however, is applied the least consideration, as the sales price is not indicative of current, fair market value due to the underlying zoning not conforming with eneral plan, per conversation with the Broker. monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 mREAL ESTATE I RIGHT-OF-WAY I DBE I SBE COMPARABLE SALE CHART: Comp APN Property Address CRY Property Type Secondary Type Zoning Sale Date Lot Size (Sq. Ft.) Sale Price Price/SF land Subject 430.251.22, -23 N of Valencia Ave/Adj to SR-55 Tustin land Office/Comm SP-11 491,274 1 M21-11 432D W 1st Street Santa Ana Land Commercial C2 4/24/25 110,207 05000 %399 2 432-074-07 Newport Avenue Tustin Land Commercial C2 12/29/23 85,438 $6,500,000 $762 3 M214 4404 W 1st Street Santa Ana Land Commercial C2 1/3/23 IR464 $8,760,000 $80.16 4 10743 Vessels Circle Cypress I Land I Commercial PC 7/1/21 304,920 $30,300,000 $99.37 IMPROVEMENTS WITHIN THE ACQUISITION AREA: A site inspection of the property was conducted by Monument staff and there are no improvements to be considered in this analysis. COST CALCULATION DETAILS/ASSUMPTIONS: The indicated comparable land value of $90.00 per Sq. Ft. is utilized as the basis for the valuation of the proposed acquisitions. Based on our experience, rates of return on land leases range between 6% to 10% of the value of the land per year. Eight percent of the fee value per year is appropriate for the proposed TCE Extension over the subject property. Additionally, the TCE Extension will be required for a period of 6 months and is valued as such. CALCULATION: TEMPORARY CONSTRUCTION EASEMENT EXTENSIONS Temporary Construction Easement CPN 103727-2 TCE area base land value (2,151 Sq. Ft. x $90/Sq. Ft.) $193,590 8% annual return on land value ($193,590 x 8%) $15,487.20 Monthly ground rent on land value ($15,487.20/ 12 months) $1,290.60 Estimated compensation for TCE for 6 months ($1,290.60 x 6 MONTHS) Temporary Construction Easement CPN 103727-3 TCE area base land value (1,791 Sq. Ft. x $90/Sq. Ft.) $161,190 8% annual return on land value ($161,190 x 8%) $12,895.20 Monthly ground rent on land value ($12,895.20/ 12 months) $1,074.60 Estimated compensation for TCE for 6 months ($1,074.60 x 6 MONTHS) TOTAL JUST COMPENSATION: monument $7,743.60 $6,447.60 14 191.20 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 mREAL ESTATE I RIGHT-OF-WAY I DBE I SBE DAMAGES AND BENEFITS: There are no severance damages accruing to the remainder as a result of the proposed acquisition, nor any quantified benefits added as a result of the proposed project. CONSTRUCTION CONTRACT WORK: There is no construction/contract work to be performed. Inspected Date: 06/02/2025 By: Kara Bill, Real Estate Agent monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ryREAL ESTATE I RIGHT-OF-WAY I DBE I SBE ROW EXHIBIT TCE EXTENSION Monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 mREAL ESTATE I RIGHT-OF-WAY I DBE I SEE AERIAL PHOTOGRAPH monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ryREAL ESTATE I RIGHT-OF-WAY I DBE I SBE PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "132" TCE EXTENSION - CPN 103727-2 PREPARED- BY ME OR UNDER MY Q111REDTION_ a- '�a;240- 612716 h{4THY dr FETn P.L.S. 7542 0 06 TE UWE TARILE L R&D ND. BEARING L€NI 1nH �y,+,+l S. P L1 N 4'3$ 49 4�1.00 e, o L2 1`4 51�1'43 W E M38 L3 N 4$'21Y11 Vi k k 5 q k J� 1 h ti 4 f as ' PARCEL 1 15� j 1 P.M.20E13-127 o PAL 371/25- 9 L J 4 APN 430-251-22 ti1 + L�+ 303727-2 1 Ld t F'- J V 2,151 SO -FT. ~ J I erg i J � TPW + J L,3 _ N 49-2WII'_w 1lNIA SHEET I OF 1 THE BEARINGS AND DISTANCES SHOWA ARE CALI:-GR IA EOOI DI A $3 SYSTEM OF 108.3 (CC58.3), O.C.S. GP5 ADJUSTMENT). ALL DiSTAN-CES SWCWN ARE ID DISTANCES, 01VI0E THE GRID DISTANCES SHOWN BY D.9999793L TG 00TAiN GROUND IDISTANCEE, Monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 mREAL ESTATE I RIGHT-OF-WAY I DBE I SBE EXHIBIT "C-2" TICE EXTENSION - CPN 103727-3 PLAT TO ACCOMPANY LEGAL DESCRIPTION QUR'VE TUSSLE No. DELTA RADIUS LENCTN C1 29*43 F8 60.40 1 13 02 29`a 28 92.Od 47,T3 LINE TABLE NO. DEAR*4G LENGTH .L1 N 40-39 4 E E06' 5.2 Fd 59.4 50- E 20.36 L.3 S *2011 E --53.79 LA hl 49TO 11 W 1.31).66 L5 I N 45`3153 E 1 20,47 L6 I N 497011 w 1 5-U PREPARED BY ME OR UNDER MY DIRECTI❑N= 59K-9— 1111,6119 k��THI' ... FETTI P.L.S. 7542 DATE f + 1 r * + PAR -EL 1 n I ; j P_M.2010-127 J P t P.M.B.371/25-29 + + APN 430- 251-22 TCE 1\ 103727-3 r ! TFOB _ f { L3 + + L5 I 1 L L4 w Mq--'WA9- E ti C5 }o iD * UL 7542 4n� •e � T 5 5 �5 54 5 1 l 1 X x � x� 4 Y ti 1 � i 1 61,87 I Floc _ _N 40'201`_* 827.E_5' _ _ -- OU SHEET 1 OF 1 THE BEARINQ5 ANQ DISTANCES SHCMN ARE CALIFORNIA COORDINATE 5)'STEM OF 19$3 (CCS83), ZONE V. NAD 83 (1991,75 EPOS QC_S. CPS AD,xJSTMEMV ALL DISIANCES SHOWN AW GRID VISTANCL36 DIVIDE THE GRID DISTANCE$ SHOWN BY 0-99997834 TO OBTAIN GROUND DISTANCES. m onument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ryREAL ESTATE I RIGHT-OF-WAY I DBE I SBE SUBJECT PROPERTY PHOTOGRAPHS Monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 'M REAL ESTATE I RIGHT-OF-WAY I DBE I SBE TEMPORARY CONSTRUCTION EASEMENT AREAS Monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 mREAL ESTATE I RIGHT-OF-WAY I DBE I SEE ASSESSOR PARCEL MAP monument 3626 Fair Oaks Blvd., Suite 100, Sacramento, CA 95864 info@monumentrow.com 1 800 577 0109 monumentrow.com Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ORANGE COUNTY TRANSPORTATION AUTHORITY SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN The Orange County Transportation Authority (OCTA) is proposing to purchase real property or interests therein in connection with the construction of the SR-55 Improvement Project (Project) and related improvements and appurtenances. Your property located adjacent to SR-55, North of Valencia Avenue, CA, is within the Project area and identified by your County Assessor as Parcel Nos. 430-251-23 and 430-251-37 (formerly 430-251-22). Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that you, as an owner from whom a public agency proposes to purchase real property or an interest therein or as a tenant owning improvements on the property must be provided with at a minimum, a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment of the probable amount of just compensation prior to vacating the real property being acquired unless you have heretofore waived such entitlement. In the event of any voluntary purchase or sale of the property or interests, you would not be required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes allocable to any period following the passage of title or possession. 2. The OCTA will offer to purchase any remnant(s), if any, considered by the OCTA to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction, and which are owned by you as the owner or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The real property interests proposed to be acquired are: two temporary construction easement extensions. The property being purchased comprises of 2,151 sq. ft. of temporary construction easement interest, and 1,791 sq. ft. of temporary construction easement interest and is described and depicted in the attached legal descriptions and plat maps. 4. The market value of the property proposed to be acquired is based upon a market value appraisal which is included in the attached Appraisal OR summarized on the attached Valuation Summary Statement, and such amount: A. Represents the full amount of the appraisal of just compensation for the property proposed to be purchased; B. Is not less than the approved appraisal of the fair -market value of the property as improved; C. Disregards any decrease or increase in the fair market value of the real property proposed to be acquired prior to the date of valuation which might be caused by the Project itself or by the likelihood that the property would be acquired for or in connection with the Project, other than that due to physical deterioration within the reasonable control of the owner or occupant; and D. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the OCTA. 5. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the OCTA will pay for the actual reasonable costs up to Five Thousand ($5,000) Dollars subject to the following conditions: A. You, not the OCTA, must order the appraisal. Should you enter into a contract with the selected appraiser, the OCTA will not be a party to the contract; B. The selected appraiser is licensed with the Bureau of Real Estate Appraisers (BREA); Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ORANGE COUNTY TRANSPORTATION AUTHORITY SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN C. Appraisal cost reimbursement must be made in writing, and submitted to the Orange County Transportation Authority c/o Monument at 200 Spectrum Center Drive, Suite 300, Irvine, CA Attn: Cami Stigall, within ninety (90) days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser must be provided to the OCTA concurrent with the submission of the written request. The costs must be reasonable and justifiable. 6. If you are the owner of a business conducted on a property proposed to be acquired or conducted on the remaining property which will be affected by the purchase of the required property, you may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or lessee's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 7. If you ultimately elect to reject the OCTA's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 8. You are entitled to receive all benefits that are available through donation to the OCTA of all or part of your interest in the real property sought to be acquired by the OCTA as set out in Streets and Highways Code Sections 104.2 and 104.12. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CONFIDENTIAL v1c vtN ter, k-.v u 1N 1 r 1 KA1N �rkJM 1 A 1 iviN tiu i n0RITY This document contains personal FIRST AMENDMENT TO information, and pursuant to Civil Code section 17 it shall kept confidential RIGHT OF WAY CONTRACT in order too protect against unauthorized disclosure. SR-55 IMPROVEMENT PROJECT Adjacent to SR-55, North of Valencia Ave. 430-251-37 Tustin, CA 92780 103727-2, 103727-3 (formerly 430-251-22) Property Address Parcel Nos. APN. 6071(129) 09205611-920-CMM-CM8 Federal Project No. Escrow No. Title Order No. FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT This FIRST AMENDMENT TO RIGHT-OF-WAY CONTRACT ("First Amendment") is entered into effective , 2025 ("Effective Date") by and between Orange County Transportation Authority, a public entity ("OCTA") and City of Tustin, a municipal corporation (hereinafter, "Grantor") regarding the real property located adjacent to SR-55, North of Valencia Ave., Tustin, CA, in the County of Orange, designated as Assessor Parcel Number 430-251-37 (formerly 430-251-22), (the "Property"). WHEREAS, effective September 2, 2020, OCTA and Granter (singularly hereinafter, a "Party" or collectively, the "Parties") entered into a Right -of -Way Contract ("Right -of -Way Contract") whereby Grantor agreed to grant OCTA (1) a partial fee interest (CPN 103727-1) and (2) two Temporary Construction Easements ("TCE") (CPN 103727-2 and 103727-3) on the Property, each as more particularly described and depicted respectively in Document Nos. 103727-1, 103727-2 and 103727-3 attached as Exhibit "1", Exhibit "2" and Exhibit "Y to the Right -of -Way Contract; and WHEREAS, the term of the TCEs as provided for in the Right of Way Contract and the associated granting document is set to expire on October 8, 2025; and WHEREAS, the Parties wish to extend the termination date for the two TCEs an additional six (6) months up to and including April 8, 2026 ("Extension Period"). NOW, THEREFORE, in consideration of the promises and mutual covenants herein set forth and for other good and valuable consideration, the Parties hereby agree to the following modifications and amendments to the Right -of -Way Contract: 1. Consideration for Extension Period. OCTA shall pay Granter the sum of Seventeen Thousand Forty Dollars and Zero Cents ($17,040.00) (the "Purchase Price") to extend the term of the two TCEs for the Extension Period (i.e., October 8, 2025, through April 8, 2026). 2. Full and Final Payment. Granter acknowledges that the Price includes, but is not limited to, payment for the value of the two TCE Extension Period, the loss of use of the TCEs for the Extension Period and a 20% incentive payment of Two Thousand Eight Hundred Forty and Zero Cents ($2,840.00), to execute this First Amendment on or before October 8, 2025. Payment of the Purchase Price shall be considered full and final consideration and just compensation for the Extension Period of the two TCEs and Granter hereby releases, acquits and forever discharges OCTA and each of its administrators, successors, predecessors, assigns, partners, officers, directors, agents, servants, attorneys, employees, affiliates, sureties, and representatives (collectively "OCTA Released Parties") from any and all rights, claims, Page 1 of 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CONFIDENTIAL v1c vtN ter, k-.v u 1N 1 r 1 KA1N �rkJM 1 A 1 iviN tiu i n0RITY This document contains personal FIRST AMENDMENT TO information, and pursuant to Civil Code section 17 it shall kept confidential RIGHT OF WAY CONTRACT in order too protect against unauthorized disclosure. warranties, demands, debts, obligations, liabilities, actions, damages, costs, expenses and other claims whatsoever which any of them might have asserted against OCTA Released Parties, regardless of whether known or unknown, in law or in equity arising from, relating to, or resulting from acquisition of the two TCEs or the Extension Period thereof as provided for in this First Amendment. Grantor hereby specifically waives the provision of California Civil Code section 1542 which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her would have materially affected his or her settlement with the debtor or released party." 3. No Other Amendments. Except as specifically set forth in this First Amendment, all provisions of the Right -of -Way Contract are unmodified and remain in full force and effect, and the Parties hereby ratify and confirm each and every provision thereof. 4. Entire Agreement. This First Amendment contains the entire agreement between the Parties with respect to the subject matter contained herein and all preliminary negotiations with respect to the subject matter are merged into and incorporated in this First Amendment. 5. Conflicts in Terms. In the event of any conflict between the terms and conditions set forth in this First Amendment and other provisions of the Right -of -Way Contract, the terms and conditions of this First Amendment shall control. 6. Definitions. Unless specifically modified herein, all of the definitions and terms contained in the Right -of -Way Contract shall have the same meaning and application in this First Amendment. 7. Execution in Counterparts. The Parties agree that this First Amendment may be executed in counterparts, subject to exchange of signature pages, each of which shall be deemed an original and together shall constitute one and the same instrument. Facsimile signatures or signatures sent electronically in portable document format ("PDF"), or the like, shall be deemed original signatures. IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed by their duly authorized representatives as set forth below and notwithstanding the date of signatures, this First Amendment shall be considered made and entered into as of the Effective Date written above. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 2 of 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CONFIDENTIAL v1c vtN ter, k-.v u 1N 1 r 1 KA1N �rkJM 1 A 1 iviN tiu i n0RITY This document contains personal FIRST AMENDMENT TO information, and pursuant to Civil Code section 17 it shall kept confidential RIGHT OF WAY CONTRACT in order too protect against unauthorized disclosure. In Witness Whereof, the parties have executed this First Amendment to Right of Way Contract on the day and year set forth below. GRANTOR: CITY OF TUSTIN, A MUNICIPAL CORPORATION By: Aldo E. Schindler Its: City Manager DATE ORANGE COUNTY TRANSPORTATION AUTHORITY By: James G. Beil DATE Executive Director, Capital Programs Page 3 of 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CONFIDENTIAL UA-AINU1 l,VUINI I IAtllN3rkJMIAIIUIN AumORITY This document contains personal FIRST AMENDMENT TO information, and pursuant to Civil Code section 17 it shall kept confidential RIGHT OF WAY CONTRACT in order too protect against unauthorized disclosure. Exhibit "1" Grant Deed (Document No. 103727-1) Page 4 of 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Commonwealth Land Title Company RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority and is entitled to be recorded without Fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, § 11922.) RNV Map No.: El20133-26 q 205(011 APN: 430-251-22 GRANT DEED Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I Illll lllllll 111 ll[ IIIII[III 'I!'I I li II IlIllllllllllllll Ill' No FEE *$ R D 0 1 2 1 2 7 4 5 5$ 202000056640910:55 am 10/13120 93 Se c2A G02 5 0.00 0.00 0.00 0.0012.00 0.00 0.000.000.00 0.00 1 ti 46 100 Distr unty Route Poatmite Number 12 ORA 55 9.1 103727-1 City of Tustin, a municipal corporation, hereinafter called GRANTOR, hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, hereinafter called OCTA, all that real property in the City of Tustin, County of Orange, State of California, described as follows: See Exhibit "A", attached. The GRANTOR further understands that the present intention of the OCTA is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway. ,, Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 MIU �i�i1m City of Tustin, a municipal corporation By: Matthew S. West City Manager Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ---------------------------------- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the k document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaliforniaAQMNMP) County of ) On 1�� W before me, Y tj Date �n Here Insert Name and Title of the 01#cer personally appeared 1' %.UE� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be t person( whose nameor'gare scribed to the within instrument and ackno dged to me tha she/t ey executed the same in hiher/their authorized capacity and that b i her/their signatureXon the instrument the persoro. or the entity upon behalf of which the perso acted, executed the instrument. CARME RRit371NE tly "ARD Notary Nk - Ca W43 onpeeC=* cave a=M 2183653 W Comm. Expires Feb 17, 2021 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. n Signature of .: Place Notary Seat Above OPTIONAL this section is optional, completing this information can deter alteration of the document or reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer'Is Representing: Document Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 EXHIBIT "A" LEGAL DESCRIPTION Parcel103727-1: FEE That portion of Parcel 1 of Parcel Map No. 2010-127, in the City of Tustin, County of Orange, State of California, as shown on a map filed in Book 371, Pages 25 through 29 of Parcel Maps, in the office of the County Recorder of said County, lying northwesterly of the following described line: COMMENCING at the northwesterly terminus of that certain course shown as having a bearing of North 49020'06" West and a length of 774.52 feet in the southwesterly line of said Parcel 1; thence along said certain course, South 49*20'11" East, 34.55 feet to the POINT OF BEGINNING; thence leaving said certain ,course, North 45°31'53" East, 420.60 feet; thence North 59°43'50" East, 172.92 feet to the northerly line of said Parcel 1. This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the GRANTEE any and all abutters rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway. The bearings shown herein are based on the California Coordinate System of 1983, Zone VI, North American Datum of 1983 (1991.35 epoch). The distances shown herein are grid distances. Ground distances may be obtained by dividing grid distances by the combination factor of 0.99997834. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature: Vincent T. Davis, PLS LAND O N No. 8496 a �° op Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated May 27 ,20 2Q from City of Tustin, a municipal corporation, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officers} on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2018-050 adopted on Ma 14, 2018, and the Grantee consents to recordation thereof by its duly authorid officer. Dated: By: G. Beil ve Director, Capital Programs Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CONFIDENTIAL UA-AINU1 l,VUINI I IAtllN3rkJMIAIIUIN AumORITY This document contains personal FIRST AMENDMENT TO information, and pursuant to Civil Code section 17 it shall kept confidential RIGHT OF WAY CONTRACT in order too protect against unauthorized disclosure. Exhibit "2" Temporary Construction Easement Deed (Exhibit "B1" and "B2") (Document No. 103727-2) Page 5 of 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 COMMOnwealth Land Title Company RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COUNTY TRANSPORTATION AUTHORITY 550 Soulh Main Street P.O. Box 14184 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority, and is entitled to be recorded without fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, 11922. A�PN: 430-251-22 (n `I LJJ5(0111 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder III III[IIIIIIIIIIIIIIIiIII 111 l II IIIIIIIIIIIIIIIII NO FEE *$ R 0 0 1 2 1 2 7 4 5 6 $ 202000056641010:55 am 10113/20 93 Sec2A E31 7 0.00 0.00 0.00 0.0018.00 0.00 0.000.000.00 0.00 Above Space for Recorder's Use District County Route Post Number 12 Orange SR-55 9.08 103727-2 GRANT OF EASEMENT (Temporary Construction Easement) CITY OF TUSTIN, A MUNICIPAL CORPORATION (hereinafter, "Grantor"), is the owner of that certain real property located in the City of Tustin, County. of Orange, State of California, designated as Assessor's Parcel Number 430-251-22 ("Grantor's Property"). FOR VALUABLE CONSIDERATION, 'receipt of which is hereby acknowledged, Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, ("Grantee"), its employees, agents, representatives, contractors, successors and assigns, a temporary easement for construction of the SR-55 Improvement Project, in, on, over, under, and across that portion of Grantor's Property more particularly described in Exhibit "B 1", depicted in Exhibit "132", and as defined in scope in that certain document titled "Temporary Construction Easement Attachment to Legal Description," all of said documents are attached hereto, and incorporated herein by this reference. The term of the easement described herein will commence on the date of the deposit of funds into escrow and expire sixty (60) months thereafter. The TCE shall be for a period of sixty (60) months, a portion of which shall be exclusive and a portion of which shall be non-exclusive. Specifically, the actual physical construction activities within the TCE area (exclusive period) shall be limited to a period of twenty-four (24) consecutive months within the sixty (60) month TCE period. OCTA's use and occupancy of the TCE during the remaining thirty-six (36) months of the TCE period will be non-exclusive. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 DATED; 2n , 20_V CITY OF TUSTIN, A MUNICIPAL CORPORATION . aqkK �z Wit BY: Matthew S. West City Manager Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califomia ) County of ) On 1 iwd before me,�lit_ +l t11SYT j UIV�,V, Date Here Insert Name and Title of the Ofcer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be thn person whose namev&are subscribed to the within instrume t and acknow edged to me tha he/they executed the same in /her/their authorized capacity, and that b her/their signatur on the instrument the persorP4, or the entity upon behalf of which the person acted, executed the i strument. CARRIE NRi5TiNE WOODWARD Notary Pu*-CaMor is orarae Cormly Camdssim N 2183653 My Comm. Expires Feb 17.2821 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 $A. Signatures (CAM-1-[dAI[111AX Signature of Notary Public Place Notary Seal Above OP77ONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Document Title or Type of D1 Number of Pages: Document Date: Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attomey in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Name: ❑ CorpaTa Offlcer — ❑ Partner — t ❑ Individual ❑ ❑ Trustee ❑ ❑ Other:.. Signer Is Representing'. Title(s): ed ❑ General ftWe in Fact Guardia Conservator 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 EXHIBIT a B1" LEGAL DESCRIPTION CALTRANS PARCEL NO. 103727-2 TEMPORARY CONSTRUCTION EASEMENT APN 430-251-22 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 2010-127, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 371, PAGES 25 THROUGH 29, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF VALENCIA AVENUE, 80.00 FEET WIDE, AND NEWPORT AVENUE, 61.80 FEET HALF -STREET WIDTH; THENCE ALONG SAID CENTERLINE OF VALENCIA AVENUE NORTH 49020'11" WEST, 827.65 FEET; THENCE LEAVING SAID CENTERLINE OF VALENCIA STREET NORTH 40°39'49" EAST, 40.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VALENCIA AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 45031'53" EAST, 420.60 FEET; THENCE NORTH 59"43'50" EAST, 20.38 FEET; THENCE SOUTH 45°31'53" WEST, 439.93 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 49020'11" WEST, 5.02 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 2,151 SQUARE FEET OR 0.049 ACRES, MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH OCS ADJUSTMENT), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99997834. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT •B2% ATTACHED HERETO AND MADE A PART HEREOF. Page 1 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 { THIS DOCUMENT HAS SEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. :�Z- � � TI THY S. FE04 P.L.S. Page 2 of 2 6127/19 DATE Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 PLAT TO ACCOMPANY LEGAL DESCRIPTION LINE TABLE NO. BEARING LENGTH L1 N 409 49 E 40 0-0 L2 N 59'43 50 E 20.38 L3 N 49*2011 W 5.02 PREPARED BY ME OR UNDER MY DIRECTION: as ;W�s:: 612T/19 MOTHY FETTI P.L.S. 7542 DATE LAND * ft7542 roll. �02 C AL,EO V r ,\ 1 l co PARCEL 1 iI O I a 1 P.M.2010-127 ik 1 j 3 I P.M.B. 371/25-29 ; W w j ") ") j APN 430-251-22 y 10 to TCE Z 103727-2 � ti Q 5. 2.151 SORT. ! cn i 1 I TPOB I TPOB L3 I i I J _ _ — _ _,,, I POC ----�- N 49-20*11_ W 827.65' __----...- -------_� -_ g� VALENCIA AVENUEqt SHEET 1 OF 1 THE BEARINGS AND DISTANCES SHOWN ARE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83). ZONE VI. NAD 83 (1991.35 EPOCH O.C.S. GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GRID DISTANCES. DIVIDE THE GRID DISTANCES SHOWN BY 0.99997834 TO OBTAIN GROUND DISTANCES. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated May 27 , 20 20, from CITY OF TUSTIN, A MUNICIPAL CORPORATION, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2018-050 adopted on May 14, 2018, and the Grantee consents to recordation thereof by its duly authorized ffi ocer. A Dated: Z 20y' By: Director, Capital Programs Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CONFIDENTIAL UA-AINU1 l,VUINI I IAtllN3rkJMIAIIUIN AumORITY This document contains personal FIRST AMENDMENT TO information, and pursuant to Civil Code section 17 it shall kept confidential RIGHT OF WAY CONTRACT in order too protect against unauthorized disclosure. Exhibit "3" Temporary Construction Easement Deed (Exhibit "Cl" and "C2") (Document No. 103727-3) Page 6 of 6 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 Commonwealth Land Title Company RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14194 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority, and is entitled to be recorded without fee or tax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, 8 11922.) Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIII I IIIIIIIIIIIIIIIIIII! Illlillllllllllllllllllllllllll[� NO FEE * $ R 0 D 1 2 1 2 7 4 5 7 $ 2020000566411 10:55 am 10/020 93 Sec2A ED1 7 0.00 0.00 0.00 0.0018.00 0.00 0.000.000.00 0.00 APN: 430-251-22 �k oA�� Space for Recorder's Use 6j 2p5(011 District County Route Post Number 12 Orange SR-55 9.04 103727 3 GRANT OF EASEMENT (Temporary Construction Easement) CITY OF TUSTIN, A MUNICIPAL CORPORATION (hereinafter, "Grantor"), is the owner of that certain real property located in the City of Tustin, County of Orange, State of California, designated as Assessor's Parcel Number 430-251-22 ("Grantor's Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, ("Grantee"), its employees, agents, representatives, contractors, successors and assigns, a temporary easement for construction of the SR-55 Improvement Project, in, on, over, under, and across that portion of Grantor's Property more particularly described in Exhibit "Cl", depicted in Exhibit "C2", and as defined in scope in that certain document titled "Temporary Construction Easement Attachment to Legal Description," all of said documents are attached hereto, and incorporated herein by this reference. The term of the easement described herein will commence on the date of the deposit of funds into escrow and expire sixty (60) months thereafter.' The TCE shall be for a period of sixty (60) months, a portion of which shall be exclusive and a portion of which shall be non-exclusive. Specifically, the actual physical construction activities within the TCE area (exclusive period) shall be limited to a period of twelve (12) consecutive months within the sixty (60) month TCE period. OCTA's use and occupancy of the TCE during the remaining forty-eight (48) months of the TCE period wi[I be non-exclusive. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 DATED: �� , 2020 CITY OF TUSTIN, A MUNICIPAL CORPORATION BY: Matthew S. West City Manager Docusign Envelope ID: 40401183-034E-4EA7-85AO-B59714CF19A8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 Califomia ) County of bf C ) `+ ,4On before me, Date Here Insert Name and Title of the Office personally appeared .� Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persor)K whose namev&are ascribed to the within instrument and acknaw dged to me that�l' he/they executed the same ir) [Fjid/her/their authorized capacityi, and that b i er/their signature on the instrument the persorj, or the entity upon behalf of which the perso acted, executed the i strument. CABBIE KRISTINE WOODWARD NolaryPub6C-Carlomia ca vi5sw 9 2163653 MyCamm. Ex0esFab 17, 2021 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 se Signature Signature of Notary Public Place Notary Seal Above OPTIONAL this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of AttacHB*QQ Title or Type of Document: . Number of Pages: Document Date: Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Name: ❑ Corpor fficer — Title(s): ❑ Partner --- ❑ ❑ General ❑ Individual ❑ ATfbRwy in Fact ❑ Trustee ❑ Guardia Cor ❑ Other: Signer Is Representing 02014 National Notary Association • www.Nationa[Notary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 EXHIBIT "C1" LEGAL DESCRIPTION CALTRANS PARCEL NO. 103727-3 TEMPORARY CONSTRUCTION EASEMENT APN 430-251-22 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 2010-127, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 371, PAGES 25 THROUGH 29, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF VALENCIA AVENUE, 80.00 FEET WIDE, AND NEWPORT AVENUE, 61.80 FEET HALF -STREET WIDTH; THENCE ALONG SAID CENTERLINE OF VALENCIA AVENUE NORTH 49*20'11" WEST, 827.65 FEET; THENCE LEAVING SAID CENTERLINE OF VALENCIA STREET NORTH 40°39'49" EAST, 40.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VALENCIA AVENUE; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 45031'53" EAST, 420.60 FEET; THENCE NORTH 59043'50" EAST, 20.38 FEET; THENCE SOUTH 45°31'53" WEST, 419.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 49020'11" EAST, 53.79 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29043'28" AN ARC LENGTH OF 31.13 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 92.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29043'28" AN ARC LENGTH OF 47.73 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 49°20'11" WEST, 130.86 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE AFOREMENTIONED COURSE DESCRIBED AS "SOUTH 45031'53" WEST, 419.86 FEET; THENCE ALONG SAID SOUTHWESTERLY PROLONGATION NORTH 45031'53" EAST, 20.07 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 1,791 SQUARE FEET OR 0.041 ACRES, MORE OR LESS. Page l of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH OCS ADJUSTMENT), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99997834. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "C2", ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 12/16/19 TI THY S. FE04 P.L.V1111 DATE Page 2 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 PLAT TO ACCOMPANY LEGAL DESCRIPTION CURVE TABLE NO. DELTA RADIUS LENGTH C1 29743 28 I 60.00 31.13 C2 29.43 28 92 00 47.73 LINE TABLE N0, BEARING LENGTH L1 N 40739 -9 E 40.00 L2 N 59'43 50 E 20.38 L3 S 49-2011 E 53.79 L4 N 497011 W 130.86 L5 N 45'31 53 E 20.07 L6 I N 49-201 PREPARED BY ME OR UNDER MY DIRECTION: all ;9�� 12116119 . MOTHY FETTI P.L.S. 7542 DATE 1 W 5.02 6, $ `\ I � 1 PARCEL 1 o j c 3 P.M.2010-127 9 P.M.B.371/25-29 1 ! w 4 APN 430-251-22 I in t� rn TCE 103727-3 y S. 1.791 SOFT. ti i TPOB l I N 70'23'16" E l I IkIL3 1 RAD. - P.R.C. L5 fi1.8' r L4 N i 40'39'49" E 6 E * Mk W — -- - qr --_ N 49'20'11" W 'g EENCIA THE BEARINGS AND DISTANCES SHOWN ARE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83). ZONE VI. NAD 83 1991.35 EPOCH O.C.S. GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GRID DISTANCES. DIVIDE THE GRID DISTANCES SHOWN BY 0.99997834 TO OBTAIN GROUND DISTANCES, POC 827.65_ _ ------------- 4VENUE g SHEET 1 OF I Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated May 27 9 20?q from CITY OF TUSTIN, A MUNICIPAL CORPORATION, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2018-050 adopted on May 14, 2018, and the Grantee consents to recordation] thereof by its duly authorized officer. // f Dated: 'L 1.0 By: James r i Director, Capital Programs Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority, and is entitled to be recorded without fee ortax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, § 11922.) APN: 430-251-37 (formerly 430-251-22) Above Space for Recorder's Use District County Route Post Number 12 Orange SR-55 9.08 103727-2 GRANT OF EASEMENT (Temporary Construction Easement) CITY OF TUSTIN, A MUNICIPAL CORPORATION (hereinafter, "Grantor"), is the owner of that certain real property located in the City of Tustin, County of Orange, State of California, designated as Assessor's Parcel Number 430-251-37 (formerly 430-251-22) ("Grantor's Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, ("Grantee"), its employees, agents, representatives, contractors, successors and assigns, an exclusive temporary easement for construction of the SR-55 Improvement Project, in, on, over, under, and across that portion of Grantor's Property more particularly described in Exhibit `B I", depicted in Exhibit `B2", all of said documents are attached hereto, and incorporated herein by this reference. The term of the easement described herein will commence on the date of the deposit of funds into escrow and expire six (6) months thereafter. DATED: , 2025 CITY OF TUSTIN, A MUNICIPAL CORPORATION By: Aldo E. Schindler Its: City Manager Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ACKNOWLEDGEMENT 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 On before me, , Notary Public, 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. Signature (Seal) Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 EXHIBIT "B1" LEGAL DESCRIPTION CALTRANS PARCEL NO. 103727-2 TEMPORARY CONSTRUCTION EASEMENT APN 430-251-22 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 2010-127, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 371, PAGES 25 THROUGH 29, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF VALENCIA AVENUE, 80.00 FEET WIDE, AND NEWPORT AVENUE, 61.80 FEET HALF -STREET WIDTH; THENCE ALONG SAID CENTERLINE OF VALENCIA AVENUE NORTH 49020'11" WEST, 827.65 FEET; THENCE LEAVING SAID CENTERLINE OF VALENCIA STREET NORTH 40039,491, EAST, 40.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VALENCIA AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 45031'53" EAST, 420.60 FEET; THENCE NORTH 59043'50" EAST, 20.38 FEET; THENCE SOUTH 45031'53" WEST, 439.93 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 4902011111 WEST, 5.02 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 2,151 SQUARE FEET OR 0.049 ACRES, MORE OR LESS. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH OCS ADJUSTMENT), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99997834. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "132", ATTACHED HERETO AND MADE A PART HEREOF. Page 1 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. TIIKOTHY S. FED P.L.S S\�NpL LANp\ a � ,t No. 7542 � Q q�F of C A�\�o�� 6/27/19 DATE Page 2 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 PLAT TO ACCOMPANY LEGAL DESCRIPTION LINE TABLE NO. BEARING LENGTH L1 N 40*39*49" E 40.00' L2 N 59'43'50" E 20.38' L3 N 49'20'11" W 5 02' LO W D fr w N M. PREPARED BY ME OR UNDER MY DIRECTION: a 6127119 TIMOTHY . FETTI P.L.S. 7542 DATE L AND S �cl 0� S. FFr G,pGF * No. 7542 9I� F�� 610 or 0A,c ry 1 I \ I ' I M \Z I M I PARCEL 1 I N I P.M. 2010-127 o I ► I `� 3 I P.M.B. 371/25-29 W I I � � L M APN 430-251-22 1 rn ILo I , I LO N TCE 103727-2 1 1 2,151 SQ.FT. I I � 5' I I I I TPOB I 61.8'11 1 L3 POC J' N_ 49'20'11" W 827.65' ___ __ � — �� VALENCIA AVENUE SHEET 1 OF 1 THE BEARINGS AND DISTANCES SHOWN ARE CALIFORNIA COORDINADTE83 �; TTE�M OF 1.35 E1983 POCH (CCS83), ZONE VI,O.C.S. GPS ADJUSTMENT). ALL DISTANCES SHOWN ARE GRID DISTANCES. DIVIDE THE GRID DISTANCES SHOWN BY 0.99997834 TO OBTAIN GROUND DISTANCES. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated , 2025, from CITY OF TUSTIN, A MUNICIPAL CORPORATION, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2022-052 adopted on August 22, 2022, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: James G. Beil Executive Director, Capital Programs Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 RECORDING REQUESTED BY WHEN RECORDED RETURN TO: Clerk of the Board ORANGE COUNTY TRANSPORTATION AUTHORITY 550 South Main Street P.O. Box 14184 Orange, CA 92863-1584 FREE RECORDING: This instrument is for the benefit of the Orange County Transportation Authority and is entitled to be recorded without fee ortax. (Gov. Code, §§ 6103, 27383; and Rev. & Tax. Code, § 11922.) APN: 430-251-37 (formerly 430-251-22) Above Space for Recorder's Use District County Route Post Number 12 Orange SR-55 9.04 103727-3 GRANT OF EASEMENT (Temporary Construction Easement) CITY OF TUSTIN, A MUNICIPAL CORPORATION (hereinafter, "Grantor"), is the owner of that certain real property located in the City of Tustin, County of Orange, State of California, designated as Assessor's Parcel Number 430-251-37 (formerly 430-251-22) ("Grantor's Property"). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Grantor hereby grants to the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity, ("Grantee"), its employees, agents, representatives, contractors, successors and assigns, an exclusive temporary easement for construction of the SR-55 Improvement Project, in, on, over, under, and across that portion of Grantor's Property more particularly described in Exhibit "C I", depicted in Exhibit "C2", all of said documents are attached hereto, and incorporated herein by this reference. The term of the easement described herein will commence on the date of the deposit of funds into escrow and expire six (6) months thereafter. DATED: , 2025 CITY OF TUSTIN, A MUNICIPAL CORPORATION By: Aldo E. Schindler Its: City Manager Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 ACKNOWLEDGEMENT 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 On before me, , Notary Public, 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. Signature (Seal) Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 EXHIBIT 66C1" LEGAL DESCRIPTION CALTRANS PARCEL NO. 103727-3 TEMPORARY CONSTRUCTION EASEMENT APN 430-251-22 THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 2010-127, IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK 371, PAGES 25 THROUGH 29, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF VALENCIA AVENUE, 80.00 FEET WIDE, AND NEWPORT AVENUE, 61.80 FEET HALF -STREET WIDTH; THENCE ALONG SAID CENTERLINE OF VALENCIA AVENUE NORTH 49020'11" WEST, 827.65 FEET; THENCE LEAVING SAID CENTERLINE OF VALENCIA STREET NORTH 40039,491, EAST, 40.00 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VALENCIA AVENUE; THENCE LEAVING SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 45031'53" EAST, 420.60 FEET; THENCE NORTH 59043'50" EAST, 20.38 FEET; THENCE SOUTH 45031'53" WEST, 419.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 49020'11" EAST, 53.79 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29043'28" AN ARC LENGTH OF 31.13 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 92.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29043'28" AN ARC LENGTH OF 47.73 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE NORTH 49020'11" WEST, 130.86 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE AFOREMENTIONED COURSE DESCRIBED AS "SOUTH 45031'53" WEST, 419.86 FEET'; THENCE ALONG SAID SOUTHWESTERLY PROLONGATION NORTH 45031'53" EAST, 20.07 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS A GRID AREA 1,791 SQUARE FEET OR 0.041 ACRES, MORE OR LESS. Page 1 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH OCS ADJUSTMENT), ALL DISTANCES SHOWN ARE GRID, TO OBTAIN GROUND DISTANCES DIVIDE BY 0.99997834. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "C2", ATTACHED HERETO AND MADE A PART HEREOF. THIS DOCUMENT HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. TIKOTHY S. FETZRG P.L.S S LANp� a � * No. 7542 12/16/19 DATE Page 2 of 2 Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 PLAT TO ACCOMPANY LEGAL DESCRIPTION CURVE TABLE NO. DELTA RADIUS LENGTH C1 29'43'28" 60.00' 31.13' C2 29'43'28" 92.00' 47,73' LINE TABLE NO. BEARING LENGTH L1 N 40'39'49" E 40.00' L2 N 59'43'50" E 20.38' L3 S 49*20'11" E 53.79' L4 N 49*20'11" W 130.86' L5 N 45'31'53" E 20.07' L6 I N 49'20'11" W 5.02' LO LO w w t— Lf ) TPOB--, I /it PREPARED BY ME OR UNDER MY DIRECTION: a 12116119 TIMOTHY FETTI P,L.S. 7542 DATE L A IV S. * No. 7542 70 un OF C A'Nv,,�� CON \ I` ry 5' 00 1 PARCEL 1 `� o CN 3 P.M. 2 010 -12 7 P.M.B.371/25-29 w M ' L APN 430-251-22 rn � � j Z I L N TCE j fn �I Z 103727-3 1 I 5, 1,791 SQ.FT. j1 I I TPOB N 70*23'16" E I L3 Cl RAID. P.R.C. I I L5 C2 I 61.8'11 L4 1 J---------RADA POC N 49*20*11" W 827.65' 0__ — t VALENCIA AVENUE 0 SHEET 1 OF 1 THE BEARINGS AND DISTANCES SHOWN ARE CALIFORNIA COORDINATE SYSTEM OF 1983 (CCS83), ZONE VI, NAD 83 (1991.35 EPOCH O.C.S. GPS ADJUSTMENT), ALL DISTANCES SHOWN ARE GRID DISTANCES. DIVIDE THE GRID DISTANCES SHOWN BY 0.99997834 TO OBTAIN GROUND DISTANCES. Docusign Envelope ID: 40401183-034E-4EA7-85A0-B59714CF19A8 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Temporary Construction Easement Deed dated , 2025, from CITY OF TUSTIN, A MUNICIPAL CORPORATION, to the Orange County Transportation Authority ("OCTA"), a public entity, by the within instrument, the provisions of which are incorporated by this reference as though fully set forth in this Certification, is hereby accepted by the undersigned officer(s) on behalf of the OCTA pursuant to authority conferred by the OCTA Board of Directors Resolution No. 2022-052 adopted on August 22, 2022, and the Grantee consents to recordation thereof by its duly authorized officer. Dated: James G. Beil Executive Director, Capital Programs