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2017-559807 DOC# 2017-0559807 I Iiilll IIIII IIIII IIIII IIII11111111111IIIII IIIII IIIII VIII VIII IIII IIII Recording Requested by Dec 01, 2017 10:49 AM North County Transit District OFFICIAL RECORDS Ernest J. Dronenburg, Jr., When recorded, mail to: SAN DIEGO COUNTY RECORDER FEES $0.00 1 North County Transit District PCOR N/A 810 Mission Avenue PAGES' 33 Oceanside, CA 92054 A� Attn: Real Estate Department NO FEES DUE FOR BENEFIT OF PUBLIC AGENCY (Gov. Code § 6109) SPACE ABOVE FOR RECORDER'S USE DTT d EASEMENT This Easement ("Easement Agreement") is made this ftl:b day of KyVeml el , 2017 ("Effective Date") by and between NORTH COUNTY TRANSIT DISTRICT (hereinafter "Grantor'), a public agency existing under the laws of the State of California, pursuant to California Public Utilities Code sections 125000, et seq., and City of Encinitas, a municipal corporation (hereinafter "Grantee"), each referred to herein as a "Party" or collectively as the "Parties." NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree as follows: 1) Grant of Easement. Grantor grants to Grantee, a non-exclusive easement ("Easement") under, across and within portions of Grantor's property, as more particularly described in Exhibit "A," and as depicted and delineated in Exhibit "B." Exhibits "A" and "B" are attached hereto and made a part hereof(hereinafter the "Easement Area'). 2) Authority Not Exclusive. This Easement is non-exclusive. The Grantee shall respect the rights and property of Grantor and other authorized users of the Grantor's railroad Right-of-Way (ROW). The Grantor authorizes other uses of the ROW such as the placement of power poles, street light poles, vaults and conduits. Except as otherwise required by applicable law, disputes between the Grantee and parties other than Grantor over the use of the ROW shall be submitted to Grantor for resolution. 3) Easement Use. Within the Easement Area, Grantee may use the ROW for the construction, maintenance, and operation of the Coastal Rail Trail, a multi-modal trail for non-vehicular transportation and incidental activities such as bicycling, walking, roller blading, roller skating and skate boarding. Grantee will exercise only such rights within the Easement Area as will not unreasonably interfere with or prohibit the free and complete use and enjoyment by Grantor, and its successors, of Grantor's property and the ROW, and Grantor will exercise only such rights within the Easement Area as will not unreasonably interfere with the rights granted herein to Grantee, and its successors. 4) Limitations on Use. Grantee shall comply with all applicable terms, conditions and requirements of Grantor's policies regarding the ROW and other Grantor ordinances, rules and regulations. Grantee shall comply with all applicable laws and regulations of the Federal, State, county, local government and all administrative agencies thereof which may have jurisdiction over the Easement Area. a) Consistent with Federal Transit Administration ("FTA") requirements, Grantee's use of the Easement Area must not in any way interfere with Grantor's continuing control over the ROW or Page 1 EXHIBIT D—Coastal Rail Trail Improvements �lai�a �n --Mc With NO�r lh Color —VnylsJ Dis r c+ Nr of Eviuni+as . Page 15 Recording Requested by North County Transit District When recorded, mail to: North County Transit District 810 Mission Avenue Oceanside, CA 92054 Attn: Real Estate Department NO FEES DUE FOR BENEFIT OF PUBLIC AGENCY (Gov. Code § 6109) SPACE ABOVE FOR RECORDER'S USE EASEMENT This Easement ("Easement Agreement") is made this ) day of NCVe__rr4_-.1'_V' 2017 ("Effective Date") by and between NORTH COUNTY TRANSIT DISTRICT (hereinafter "Grantor"), a public agency existing under the laws of the State of California, pursuant to California Public Utilities Code sections 125000, at seq., and City of Encinitas, a municipal corporation (hereinafter "Grantee'), each referred to herein as a "Party" or collectively as the "Parties." NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree as follows: 1) Grant of Easement. Grantor grants to Grantee, a non-exclusive easement ("Easement") under, across and within portions of Grantor's property, as more particularly described in Exhibit "A," and as depicted and delineated in Exhibit "B." Exhibits "A" and "B" are attached hereto and made a part hereof(hereinafter the"Easement Area"). 2) Authority Not Exclusive. This Easement is non-exclusive. The Grantee shall respect the rights and property of Grantor and other authorized users of the Grantor's railroad Right-of-Way (ROW). The Grantor authorizes other uses of the ROW such as the placement of power poles, street light poles, vaults and conduits. Except as otherwise required by applicable law, disputes between the Grantee and parties other than Grantor over the use of the ROW shall be submitted to Grantor for resolution. 3) Easement Use. Within the Easement Area, Grantee may use the ROW for the construction, maintenance, and operation of the Coastal Rail Trail, a multi-modal trail for non-vehicular transportation and incidental activities such as bicycling, walking, roller blading, roller skating and skate boarding. Grantee will exercise only such rights within the Easement Area as will not unreasonably interfere with or prohibit the free and complete use and enjoyment by Grantor, and its successors, of Grantor's property and the ROW, and Grantor will exercise only such rights within the Easement Area as will not unreasonably interfere with the rights granted herein to Grantee, and its successors. 4) Limitations on Use. Grantee shall comply with all applicable terms, conditions and requirements of Grantor's policies regarding the ROW and other Grantor ordinances, rules and regulations. Grantee shall comply with all applicable laws and regulations of the Federal, State, county, local government and all administrative agencies thereof which may have jurisdiction over the Easement Area. a) Consistent with Federal Transit Administration ("FTA") requirements, Grantee's use of the Easement Area must not in any way interfere with Grantor's continuing control over the ROW or Page 1 Grantor's expressed continued ability to carry out its functions. Grantor shall have the right to terminate this Easement Agreement at any time in order to maintain continuing control over the Easement Area or Grantor's expressed continued ability to carry out its functions. b) Grantee shall not cause or permit any Hazardous Material to be used, stored, transported, generated, or disposed in or about the Easement Area by Grantee, Grantee's agents, employees, contractors, or invitees. "Hazardous Material" means any hazardous, toxic, or infectious substance, material, or waste which is or becomes regulated by any local governmental entity, the State of California, or the United States Government under any law, regulation or ordinance regulating or controlling any Hazardous Material (the "Hazardous Materials Laws"), including, without limitation, any material, or substance which is: (i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted hazardous waste" under California Health and Safety Code §§ 25115, 25117 or 25122.7, or listed pursuant to California Health and Safety Code § 25140, (ii) defined as a "hazardous substance" under California Health and Safety Code § 25316, (iii) defined as a "hazardous material," "hazardous substance' or "hazardous waste" under California Health and Safety Code § 25501, (iv) defined as a "regulated medical waste" under 40 C.F.R. § 259.10(a)or§ 259.30, (v) petroleum or petroleum product, (vi) asbestos, (vii) designated as a "hazardous substance" pursuant to § 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1317), (viii) defined as a "hazardous waste" pursuant to § 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (42 U.S.C. § 6903), or (ix) defined as a "hazardous substance" pursuant to § 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. (42 U.S.C. § 9601). c) No use, construction, or maintenance by Grantee or on Grantee's behalf on the Easement Area will interfere with any railroad operations on the ROW. Grantee shall not cross or permit the crossing over of the railroad tracks on the ROW except at public crossings approved by the California Public Utilities Commission. d) Grantee shall not leave any personal property or equipment on the ROW unattended at any time. e) Grantee shall not install or use any underground storage tanks in the Easement Area. 5) Financial Consideration. Notwithstanding the obligations of Grantee as provided herein, no additional financial consideration is owed for the use of the Easement Area. 6) ROW Access and Construction. a) Grantee has executed a Memorandum of Understanding with the San Diego Association of Governments ("SANDAG") whereby SANDAG shall construct the Coastal Rail Trail within the Easement Area including all improvements as approved by NCTD and included and incorporated herein as Exhibit D (the "Improvements'). SANDAG shall be separately permitted for the work that they will be performing. b) Any work performed or caused to be performed by Grantee in the Easement Area shall be performed (a) at Grantee's sole cost and expense; (b) in accordance with any and all applicable laws, rules and regulations (including the Grantor's rules and regulations); (c) in accordance with Grantor's permitting process; and (d) in a manner that is satisfactory to Grantor and which meets or exceeds the then applicable standards of the industry for such work. c) Grantee shall be responsible for all fees, as approved by Grantor's Board of Directors, associated with obtaining a permit. d) Grantor shall issue an annual Right-of-Entry permit to Grantee for construction and maintenance work within the Easement Area as detailed by the Grantee in a submitted work plan. e) Prior to the commencement of any work within the ROW that is not already authorized under the annual Right-of-Entry permit, Grantee shall submit to Grantor for review and approval Page 2 construction drawings, specifications, work plans and any other relevant information Grantor deems necessary to enable Grantor to determine the scope and nature of the proposed work and the potential effect of such work on the ROW and train operations. Grantor may approve or disapprove any work in Grantor's sole and absolute discretion and Grantor may require such changes or impose such conditions as Grantor in its sole and absolute discretion deems necessary or appropriate. f) Grantee shall provide Grantor and all holders of underground utility facilities located within the Easement Area with at least seven (7) calendar days written notice prior to commencement of any work on the Easement Area. In the event of an emergency, Grantee shall notify Grantor personally or by telephone prior to commencing any work. Upon completion of any work, Grantee shall restore the Easement work Area to its pre-existing condition, unless otherwise approved by Grantor. g) Every individual who will be entering upon the Easement Area or ROW under this Agreement, before entering, shall first attend training conducted by Grantor or Grantor's designee on Roadway Worker Protection safety rules and regulations. Grantee shall pay all costs associated with such training. h) The need for flag protection for Grantee's operations on or adjacent to the ROW shall be determined in the sole discretion of Grantor or Grantor's designee. In the event that Grantor or Grantor's designee determines that flag protection is necessary, Grantee shall not enter upon or use the Easement Area until flag protection has been provided. Grantee shall submit for flag protection services in accordance with Grantor policies and procedures. Grantee shall pay all costs of flag protection. Grantor or Grantor's designee shall use reasonable efforts to provide flag protection on the dates and times of Grantee's requested entries, provided that any work by Grantor and the Burlington Northern Santa Fe Railway Company ("BNSF") that requires flag protection shall take priority. Grantor shall not be liable for any costs, expenses, or claims if flag protection is not provided on Grantee's requested dates or times of entry. i) Grantee shall, upon Grantor's request and at Grantee's expense, install barrier fencing, K-rail, and/or landscaping to shield the railroad track area from public access and/or the improvements thereon from public view. Grantor shall have the right to review and approve fencing and/or landscaping plans prior to installation. j) Grantor's review and inspection of the construction drawings, specifications, work plans, and other construction documents, is for the purpose of examining the general arrangement, design, and details of the work for potential impact on the ROW, ROW safety and railroad operations. Grantor and Grantor's employees, consultants, and agents assume no responsibility for and make no representations or warranties, express or implied, as to the design, condition, workmanship, or adequacy of the drawings, specifications, construction documents, or work. No review, comments, requirements, or inspection shall relieve Grantee or Grantee's engineers, contractors, subcontractors, or consultants from the entire responsibility for the errors or omissions in the drawings, specifications, or construction documents, or for the quality or adequacy of the work. 7) Storm Water Pollution Prevention a) Compliance with Construction General Permit for the Easement. i) If coverage under the Construction General Permit and/or NCTD MS4 Program requirements (as defined in this section 7) pursuant to applicable Grantor, local, state, and federal ordinances, laws, rules and regulations is required, Grantee shall prepare, implement and monitor a Storm Water Pollution Prevention Plan ("SWPPP") that is consistent with the current Grantor SWPPP template and is in compliance with the current Construction General Permit for the purpose of preventing, among other things, the discharge of pollutants into receiving waters. This includes elimination of non-storm water pollution discharges such as Page 3 improper dumping, spills or leakage from storage tanks or transfer areas. If coverage under the Construction General Permit is required, Grantee shall not perform or cause to be performed any construction or demolition activities on the Easement Area until Grantee obtains a Waste Dischargers Identification number, as that term is defined in the Construction General Permit. For purposes of this section 7, "Construction General Permit" shall mean the State Water Resources Control Board ("SWRCB") National Pollutant Discharge Elimination System ("NPDES") General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities, as it may be amended or superseded, (currently Order No. 2012-0006-DWQ); and MS4 Program shall mean the RWQCB issued Phase II Small Municipal Separate Storm Sewer System ("MS4") Program (currently Order No. 2013-0001-DWQ)as it may be amended or superseded. ii) The Grantee shall prepare, implement and monitor an Erosion and Sediment Control Plan ("ESCP") consistent with the current Grantor ESCP template for the purpose of preventing the discharge of pollutants into receiving waters for all construction or demolition activities performed or caused to be performed by Grantee on the Easement Area for activities not requiring coverage under the Construction General Permit, the industrial general permit or an individual National Pollutant Discharge Elimination System permit, including activities that result in a total land disturbance of less than one acre that are not part of a larger common plan of development or sale. This includes elimination of non-storm water pollution discharges such as improper dumping, spills or leakage from storage tanks or transfer areas. iii) Without limiting the provisions set forth in sections 3 and 7, the Grantee shall comply with the Grantor Storm Water Management Program and all Grantor, local, state and federal ordinances, laws, rules and regulations governing storm water discharges, including but not limited to those associated with construction and demolition activities such as clearing, excavating, grading, demolition and other land disturbances. iv) The Grantee shall pay and be responsible for all fees, as applicable and as required by SWRCB. v) The Grantee shall submit all SWRCB required documentation, as applicable and including but not limited to Permit Registration Documents, as that term is defined in the Construction General Permit, to the SWRCB through the SWRCB SMARTS online system and shall provide a copy of such documentation and proof of submittal to Grantor. b) Grantor may conduct periodic water sampling associated with any drainage facility installed by Grantee or at any other location within the Easement Area. Grantee shall be required to reimburse Grantor for costs associated with collection, sampling and reporting. Grantor may require Grantee to perform corrective actions, at Grantee's sole cost and expense, in order to meet the requirements of Grantor's Phase II MS4 Permit (Order No. 2013-0001-DWQ) ("MS4 Permit"), including but not limited to pollutant, TMDL or sediment levels within any runoff from the Easement Area. 8) Indemnification. Grantee agrees to protect, save, defend, and hold harmless Grantor and its Board of Directors ("Board") and each member of the Board and BNSF; and each of their respective officers, agents, contractors and employees from any and all liability or claim of liability, loss or expense, including defense costs and legal fees and claims for damages of whatsoever character, nature and kind, whether directly or indirectly arising from or connected with an act or omission of Grantee, or any employee, agent, invitee, or contractor of Grantee, or other person acting by or on behalf of Grantee on or about the Easement Area , including, but not limited to, liability, expense, and claims for bodily injury, death, personal injury, or property damage (collectively, "Claims"); provided, however, that; (1) nothing herein shall relieve any party indemnified hereunder from liability to the extent that such liability arises from such party's sole established negligence or willful misconduct for any and all Claims related to the design or height of the fence improvements and/or trespassing on the ROW as a result of the design or height of the fence improvements; and (2) nothing herein shall Page 4 relieve any party indemnified hereunder from liability to the extent that such liability arises from such party's established negligence or willful misconduct for all other Claims. The requirements as to the types and limits of insurance coverage to be maintained by Grantee as required by section 9, and any approval of such insurance by Grantor, are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Grantee pursuant to this Easement Agreement, including but not limited to the provisions concerning indemnification. 9) Insurance. Without limiting Grantee's indemnification obligations to Grantor under this Easement Agreement, Grantee shall provide and maintain, at Grantee's sole expense, insurance in the amounts and form specified in Exhibit"C;' Insurance Requirements. 10) Relocation. Grantee shall, at Grantee's sole expense and after receiving written notice from Grantor, within a period of time mutually agreed upon by both parties, protect, temporarily relocate, or remove appurtenances installed by Grantee within the Easement Area if Grantor determines, in its sole and absolute discretion that the appurtenances within the Easement Area is inconsistent or interferes with Grantor's current or planned use of the Easement Area or ROW. In consideration of Grantor's agreement to enter into this Easement Agreement, Grantee hereby waives any and all rights it may now have, or hereafter obtain, to any"relocation assistance benefits" pursuant to the Federal Uniform Relocation Assistance Act (42 U.S.C. § 4601 at seq.), the California Relocation Assistance law (Cal. Gov. Code § 7260 et seq.) or any other statute that replaces or provides rights similar to such statutes, if Grantor requires Grantee to relocate the appurtenances within the Easement Area or makes use of the ROW in such a way as to 'displace' Grantee from the Easement Area. Grantee shall in the future execute any further documentation of the release and waiver provided hereby as Grantor may reasonably require. 11) Maintenance and Repair. Grantee shall, at Grantee's sole expense, maintain the Easement Area and all appurtenances constructed as part of the Coastal Rail Trail Project in a condition satisfactory to Grantor and in accordance with applicable governmental codes. Grantee shall be responsible for any citations issued by any agency having jurisdiction as a result of Grantee's failure to comply with any applicable law, regulation, ordinance, rule, or order. The Grantee is responsible for all maintenance and structural integrity of all slopes constructed, altered or landscaped as part of the Coastal Rail Trail and/or within the Easement Area, which shall include adequate erosion control measures, including sedimentation discharge controls, to the satisfaction of Grantor. 12) Taxes. Nothing contained in this Easement Agreement shall be construed to exempt the Grantee from any tax levy or assessment which is or may be hereafter lawfully imposed. Notice is hereby given pursuant to Revenue and Tax Code Article 107.6 that this Easement Agreement may create a property interest subject to property taxation and may subject Grantee to the payment of property taxes levied on such interest. 13) Default; Termination. In the event that Grantee fails to perform any obligation under this Easement Agreement, Grantee shall pay all costs and expenses incurred by Grantor in obtaining performance of such obligations, including costs of suit and reasonable attorney's fees. If Grantee uses the ROW for any purpose not expressly authorized by this Easement Agreement or fails to act strictly in accordance with the terms and conditions of this Easement Agreement, and if such default is not corrected within thirty (30) days' written notice from Grantor to Grantee, Grantor may terminate this Easement Agreement and prevent Grantee from using or remaining upon the ROW. If Grantor determines that any default by Grantee does or has the potential to cause a danger to the ROW or railroad operations, Grantor may immediately and without prior notice to Grantee terminate this Easement Agreement and prevent Grantee from using or remaining upon the ROW, with or without process of law. Upon termination of this Easement Agreement, Grantee shall, at Grantee's sole expense, remove the Coastal Rail Trail appurtenances and all other Grantee improvements in or upon the ROW and restore the ROW in a manner satisfactory to Grantor. Should Grantee fail or refuse to comply with the terms of this section 13, Grantor may, at its option, perform such work, and Grantee hereby agrees to reimburse Grantor for all costs and damages so incurred without protest. Page 5 14) Vibration and Noise from Train Operation; Barricades. Grantee recognizes and acknowledges that railroad tracks are located on or adjacent to the Easement Area and that the operation of trains over the tracks does and will produce vibrations which may affect the appurtenances and Grantee's use of the Easement Area. With knowledge and understanding of these facts, Grantee by execution of this Easement Agreement, agrees that no legal action or complaint of any kind whatsoever shall be instituted against Grantor by Grantee or on Grantee's behalf as result of vibrations or as a result of the use of the railroad tracks in general. 15) Laws and Venues. This Easement Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Easement Agreement, the action shall be brought in a State or Federal court situated in the County of San Diego, State of California. 16) Acceptance of Easement Area. Grantee accepts any Easement Area in its present physical "as-is" condition, and agrees to make no demands upon Grantor for any improvements or alterations. By signing this Easement Agreement, Grantee represents and warrants that Grantee will independently inspect any Easement Area and the area immediately surrounding and made all investigations, tests, and observations necessary to satisfy Grantee as to the condition of any Easement Area, zoning and land use laws, regulations, and ordinances affecting the Easement Area, and all of the conditions, restrictions, encumbrances, and other matters of record relating to the Easement Area. Grantee agrees that Grantee is relying solely on Grantee's independent inspection and that Grantor makes no warranty or representation with regard to any Easement Area. Grantor shall not be responsible for any latent defect or change in condition in any Easement Area and Grantee's obligations under this Easement Agreement shall not be diminished on account of any defect in any Easement Area, any change of condition, or any damages occurring on any Easement Area. GRANTOR: North County Transit District By: {� Date: ] j—,0-1q Tracey Foster Director of Real Estate Approved a jo Fo lity: By: Lori Winfree General Counsel [Grantee Signature on Next Page] Page 6 GRANTEE: CITY OF ENCINITAS, a municipal corporation ACCEPTANCE: THIS IS TO CERTIFY that the interest in real property conveyed by this document from N h County T sit District to the City of Encinitas, a municipal corporation, is hereby accepted by the n ersi ad i er on behalf of the CITY OF ENCINITAS, pursuant to authority confirmed by th Council adopted on 11 4f t , and the Grantee consents to the rec d ereof y i uthorized o ' er. Date: °D Appr— to orm: Att st: City Cler By: By. Page 7 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 an Dli4o ) On NOVCMbfr '�+2d+before me 'SLthefl Indr(61WZ Nt7f&-U I�- 1b�iG (insert name and Title of Officer) personally appeared "TraCeU Lion t�p.5ki- who proved to me on the basis of satisfactory evidence to be the perso(whose nam74 is/a�4 subscribed to the within instrument and acknowledged to me that(she/gfey executed the same in I(/her/tir authorized capacity(), and that by hjd/her/tloir signature( on the instrument the person,0. or the entity upon behalf of which the person X 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. SUNNI ROORIOUEZ Oom aom•2082541 WITNESS and and official seal. _ �� Oomn 21 Br Signat e: Page 8 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 California ) County of r"1l On d- before me, —1��(\P,Q —Pli , Symn ,No_L (V 11LIic Date Here Insert Name and itle of the O cer personally appeared CA,I -t V\ &C 05-k-- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the p on(s) whose name(s is are subs bed to the within instrument and acknowled to me that he he hey executed the sa a in NEV er their authorized capacity(ies),and that by his er/ heir signature(s)on the instrument the person(s), or th entity upon behalf of which the person(s) acte 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. NO A EU ✓ti 61MON WITNESS my hand and official seal. COYY.i 2182396 M)TMV 1W jC•G"W i SM DECO CdMrr r h COMI.Fio.Yw.t.7021 Signature '�- S' nature of Notary Public Place Notary Seal Above OPTIONAL Though 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 Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): Partner — ❑ Limited r- General Partner — ❑ Limited General FE Individual ❑Attorney in Fact Individual Attorney in Fact CC Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator Other: C Other: Signer Is Representing: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Page 1 of 7 EXHIBIT"A" COASTAL RAIL TRAIL LEGAL DESCRIPTION EASEMENT AREA CITY OF ENCINITAS AN EASEMENT TOGETHER WITH THE RIGHT TO CONVEY THE SAME TO OTHERS FOR INGRESS AND EGRESS FOR THE PURPOSE OF MAINTENANCE AND OPERATION,THERETO OVER,UNDER AND ACROSS ALL THAT PORTION OF LAND LYING BETWEEN THE FOLLOWING DESCRIBED LINE AND THE EXISTING RIGHT OF WAY OF THE NORTH COUNTY TRANSIT DISTRICT(NCTD),AS DEFINED BY RECORD OF SURVEY MAP NO.20279, FILED AUGUST 29, 2008 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER; BEING A PORTION OF THE NCTD RIGHT OF WAY, FORMERLYTHE A.T. &S.F. RAILWAY,WITHIN SECTIONS 21, 22 AND 27 OF TOWNSHIP 13 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN; IN THE CITY OF ENCINITAS,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED IN DEED RECORDED DECEMBER 15, 1992 AS DOC. NO.1992-0802209,OF OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER: BEGINNING AT THE 2 INCH IRON PIPE WITH DISK STAMPED'LS 5292'ON THE EASTERLY NCTD RIGHT-OF- WAY AT THE END OF CURVE(E.C.)STATION 1849+29.9 PER SAID RECORD OF SURVEY MAP NO. 20279, SAID POINT BEING AT THE BEGINNING OF A TANGENT 5,632.00 FOOT RADIUS CURVE CONCAVE EASTERLY,A RADIAL TO SAID POINT BEARS SOUTH 84°00'37"WEST,THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10 053'53"A DISTANCE OF 1071.23 FEET TO THE TRUE POINT OF BEGINNING;SAID POINT BEING A POINT ON THE EASTERLY RIGHT OF WAY OF NCTD AND BEING THE BEGINNING OF SAID EASEMENT; THENCE SOUTH 73°06'44"WEST 7.45 FEET; TO THE BEGINNING OF A NON-TANGENT 248.50 FOOT RADIUS CURVE, CONCAVE WESTERLY,A RADIAL LINE TO SAID CURVE BEARS NORTH 64°39'09" EAST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07°14'19" A DISTANCE OF 31.40 FEET; TO THE BEGINNING OF A NON-TANGENT 5,418.43 FOOT RADIUS CURVE,CONCAVE EASTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 72°34'28" WEST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02°15'19"A DISTANCE OF 213.28 FEET; THENCE SOUTH 20°11'16" EAST, 95.86 FEET; TO THE BEGINNING OF A TANGENT 100.03 FOOT RADIUS CURVE CONCAVE WESTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14°26'24"A DISTANCE OF 25.51 FEET; TO THE BEGINNING OF ATANGENT 113.15 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°07'30"A DISTANCE OF 31.84 FEET; TO THE BEGINNING OF NON-TANGENT 7,663.20 FOOT RADIUS COMPOUND CURVE CONCAVE WESTERLY,A RADIAL LINE TO SAID POINT BEARS NORTH 67°02'48" EAST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH,A CENTRAL ANGLE OF 01°08'53"A DISTANCE OF 153.54 FEET; Page 2 of 7 THENCE SOUTH 22°54'57" EAST, 113.44 FEET, TO THE BEGINNING OF A TANGENT 193.07 FOOT RADIUS CURVE CONCAVE WESTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°53'08"A DISTANCE OF 16.46 FEET; TO THE BEGINNING OF A TANGENT 206.03 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04°47'26" A DISTANCE OF 17.23 FEET; THENCE SOUTH 22°44'32" EAST, 108.05 FEET, THENCE SOUTH 22°41'47" EAST, 31.92 FEET; TO THE BEGINNING OF A TANGENT 206.50 FOOT RADIUS CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF O5°43152" A DISTANCE OF 20.66 FEET; TO THE BEGINNING OF A TANGENT 193.50 FOOT RADIUS REVERSE CURVE CONCAVE WESTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05°31'02" A DISTANCE OF 18.63 FEET; THENCE SOUTH 21°55'22" EAST, 93.84 FEET; THENCE SOUTH 21°15'35" EAST, 11.15 FEET; TO THE BEGINNING OF A TANGENT 987.23 FOOT RADIUS CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00°52'20"A DISTANCE OF 15.03 FEET; TO THE BEGINNING OF A TANGENT 785.92 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'04'22" A DISTANCE OF 14.72 FEET; TO THE BEGINNING OF A NON-TANGENT 3,980.90 FOOT RADIUS CURVE CONCAVE EASTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 68°39'52"WEST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01*02"09"A DISTANCE OF 71.96 FEET; TO THE BEGINNING OF A NON-TANGENT456.24 FOOT RADIUS CURVE CONCAVE EASTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 66°54'10"WEST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°55'40"A DISTANCE OF 31.28 FEET; TO THE BEGINNING OF A NON-TANGENT 438.50 FOOT RADIUS CURVE CONCAVE WESTERLY,A RADIAL LINE TO SAID CURVE BEARS NORTH 62°58'06" EAST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03°56'05"A DISTANCE OF 30.11 FEET; THENCE SOUTH 22°54'38" EAST 99.04 FEET; Page 3 of 7 TO THE BEGINNING OF A TANGENT 106.50 FOOT RADIUS CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16°15'36" A DISTANCE OF 30.22 FEET; TO THE BEGINNING OF A TANGENT 93.50 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°12'04"A DISTANCE OF 24.81 FEET; THENCE SOUTH 22°55'26" EAST 68.65 FEET; TO THE BEGINNING OF A NON-TANGENT 73.32 FOOT RADIUS CURVE CONCAVE WESTERLY,A RADIAL LINE TO SAID CURVE BEARS NORTH 66°08'50" EAST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°55'32" A DISTANCE OF 29.34 FEET; TO THE BEGINNING OF A NON-TANGENT 97.04 FOOT RADIUS CURVE CONCAVE EASTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 86°06'48"WEST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°21'08"A DISTANCE OF 32.78 FEET; THENCE SOUTH 23 012'52" EAST 26.97 FEET; TO THE BEGINNING OF A TANGENT 115.28 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19°12106"A DISTANCE OF 38.63 FEET; TO THE BEGINNING OF A TANGENT 67.91 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°16'38" A DISTANCE OF 24.03 FEET; THENCE SOUTH 22°53'02" EAST 63.90 FEET; TO THE BEGINNING OF A TANGENT 93.51 FOOT RADIUS CURVE CONCAVE WESTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11°27'07" A DISTANCE OF 18.69 FEET; THENCE SOUTH 11°25'53" EAST 10.00 FEET; TO THE BEGINNING OF A TANGENT 206.50 FOOT RADIUS CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11 028'45"A DISTANCE OF 41.37 FEET; THENCE SOUTH 22°54'37" EAST 173.08 FEET; TO THE BEGINNING OF A TANGENT 95.50 FOOT RADIUS CURVE CONCAVE WESTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°48'21"A DISTANCE OF 11.11 FEET; TO THE BEGINNING OF A TANGENT 106.50 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°43'47"A DISTANCE OF 12.51 FEET; Page 4 of 7 THENCE SOUTH 22°50'04" EAST 35.19 FEET; THENCE SOUTH 23°20'27" EAST 121.27 FEET; TO THE BEGINNING OF A TANGENT 116.03 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°19'33" A DISTANCE OF 18.89 FEET; THENCE SOUTH 27°52'52" EAST 18.07 FEET; THENCE SOUTH 23°06'55" EAST 46.97 FEET; THENCE SOUTH 28"26'45" EAST 48.46 FEET; THENCE SOUTH 23"01'54" EAST 24.29 FEET; THENCE SOUTH 25°16'10" EAST 31.68 FEET; THENCE SOUTH 26°56'33" EAST 18.78 FEET; THENCE SOUTH 24°34'38" EAST 16.00 FEET; THENCE SOUTH 14°53'45" EAST 47.31 FEET; THENCE SOUTH 09"58'45" EAST 44.84 FEET; THENCE SOUTH 21°45'49" EAST 18.43 FEET; THENCE SOUTH 26°05'09" EAST 77.59 FEET; THENCE SOUTH 25°28'08" EAST 63.08 FEET; THENCE SOUTH 26°09'05" EAST 30.55 FEET; THENCE SOUTH 25°08'06" EAST 21.93 FEET; THENCE SOUTH 25°04'52" EAST 62.14 FEET; THENCE SOUTH 23°25'23" EAST 56.07 FEET; THENCE SOUTH 31°44'34" EAST 33.69 FEET; THENCE SOUTH 31°39'29" EAST 60.33 FEET; THENCE SOUTH 36°18'51" EAST 139.28 FEET; THENCE SOUTH 36"44'14" EAST 33.61 FEET; THENCE SOUTH 34"47'52' EAST 104.20 FEET; Page 5 of 7 THENCE SOUTH 03 029'06" EAST 18.09 FEET; THENCE SOUTH 23°14'25" EAST 9.31 FEET; THENCE SOUTH 39°33'13" EAST 9.92 FEET; THENCE SOUTH 56°54'14" EAST 9.31 FEET; THENCE SOUTH 24°24'44" EAST 324.13FEET; THENCE SOUTH 26°46'15' EAST 23.35 FEET; THENCE SOUTH 33°44'36" EAST 37.61 FEET; THENCE SOUTH 41°46'27" EAST 45.01 FEET; THENCE SOUTH 46°13'15" EAST 57.66 FEET; THENCE SOUTH 36°11'38" EAST 30.08 FEET; THENCE SOUTH 06°10'01" EAST 9.32 FEET; THENCE SOUTH 26°57'54" EAST 19.24 FEET; THENCE SOUTH 55°39'08" EAST 11.05 FEET; THENCE SOUTH 27°59'55" EAST 166.02 FEET; THENCE SOUTH 28°05'46" EAST 16.97 FEET; THENCE SOUTH 27°49'56" EAST 33.26 FEET; THENCE SOUTH 27°08'51" EAST 75.13 FEET; THENCE SOUTH 19°46'11" EAST 43.76 FEET; THENCE SOUTH 20°55'59" EAST 95.58 FEET; THENCE SOUTH 28°09'53" EAST 83.78 FEET; THENCE SOUTH 34°45'20" EAST 77.95 FEET; THENCE SOUTH 28°04'52" EAST 26.62 FEET; THENCE SOUTH 29°32'23" EAST 105.75 FEET; THENCE SOUTH 32°42'19" EAST 116.64 FEET; THENCE SOUTH 43°31'45" EAST 51.45 FEET; Page 6 of 7 THENCE SOUTH 28°27'45" EAST 26.03 FEET; THENCE SOUTH 26°57'04" EAST 210.14 FEET; TO THE BEGINNING OF A TANGENT 173.50 FOOT RADIUS CURVE CONCAVE WESTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 049'31"A DISTANCE OF 75.17 FEET; TO THE BEGINNING OF A TANGENT 186.50 FOOT RADIUS REVERSE CURVE CONCAVE EASTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°29'00"A DISTANCE OF 50.40 FEET; TO THE BEGINNING OF A NON-TANGENT 194.17 FOOT RADIUS CURVE CONCAVE EASTERLY,A RADIAL LINE TO SAID POINT BEARS SOUTH 72°14'46 WEST;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°56'31" A DISTANCE OF 23.53 FEET; THENCE SOUTH 24°41'46" EAST 23.51 FEET; THENCE SOUTH 33°05'32" EAST 119.66 FEET; TO THE BEGINNING OF A TANGENT 292.00 FOOT RADIUS CURVE CONCAVE WESTERLY;THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 014'16" A DISTANCE OF 128.62 FEET; THENCE SOUTH 01°55'27" WEST 31.90 FEET; THENCE SOUTH 09°09'49" EAST 24.72 FEET; THENCE SOUTH 19°34'11" EAST 24.68 FEET; THENCE SOUTH 28°43'13" EAST 52.23 FEET; THENCE SOUTH 29°28'48" EAST 108.04 FEET; THENCE SOUTH 30°04'44" EAST 69.33 FEET; THENCE SOUTH 36°51'55" EAST 28.00 FEET; THENCE SOUTH 44°37'44" EAST 61.06 FEET; THENCE SOUTH 36°35'39" EAST 16.00 FEET; THENCE SOUTH 41°23'48" EAST 62.19 FEET; THENCE SOUTH 37°01'58" EAST 60.81 FEET; THENCE SOUTH 09°52'56" WEST 46.80 FEET; THENCE SOUTH 30°47'55" WEST 57.36 FEET; Page 7 of 7 THENCE SOUTH 26°17'30" EAST 101.89 FEET; THENCE SOUTH 27°30'32" EAST 415.14 FEET; THENCE NORTH 63°14'58" EAST 13.31 FEET; TO THE BEGINNING OF A TANGENT 36.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°46'24" A DISTANCE OF 22.48 FEET; TO THE BEGINNING OF A TANGENT REVERSE 24.00 FOOT RADIUS CURVE CONCAVE NORTHERLY;THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 37°44'58" A DISTANCE OF 15.81 FEET; TO THE BEGINNING OF A TANGENT REVERSE 5.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY;THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09°10'41"TO THE POINT OF TERMINATION; SAID POINT BEING A POINT ON THE EASTERLY RIGHT OF WAY OF NCTD AND BEING THE END OF SAID EASEMENT THE EASEMENT BEING ALL THAT PORTION OF LAND LYING BETWEEN THE ABOVE DESCRIBED LINE AND THE EXISTING EASTERLY LINE OF SAID NCTD RIGHT OF WAY. SEE EXHIBIT'B'ATTACHED HERETO AND MADE A PART HEREOF. CONTAINING 247,497 SQUARE FEET, MORE OR LESS PREPARED BY 3 cb �/29 2aJ s 4e ' CAS D.K. NASLAND, LS 5562 DATE EXHIBIT 'B" -- P.O.B. SHEET 2 -� 1 PREPARED BY I JA�NTA FE DRIVE n / T.P.O.B. /` �J //•29 2oif I I D.K. NASLAND. DATE SHEET 3 1 PLS 5562 1 - Z�NISH DR. LAND � SHEET 4 — - ' :�0 �`'4G�`g i I a L- 27S ENCINITAS e I P I SHEET 5 \ I R. OF S. MAP 20279 9� �. Ls 1 1 aF CAL L — h `^ I SHEET 6 I SECTIONS 15, is, 21, 22 I T.13.5 RAW. - �EROI AVE. S.S.M. SHEET 7 -��� �US�T AV RICH T-CIF-WAY I I MONTG0 CRY Ate' _ ME SHEET 8 I 1 L \1 MOZART AVE' SHEET 9 LEGEND I BIRMINIAM 0 R POB POINT OF BEGINNING -7 TPOB TRUE POINT OF BEGINNING SHEET 10 LIVERP001. OR_ POT POINT OF TERMINATION A0.T L� ADEROEEN OR. 000.0 RAILROAD MILE POST CNE�TERFIELO DR. 239.8 AT CHESTERFIELD DRIVE SHEET II —I ` �� DRIVE I INDA �Iff/JJf INLAND RAIL TRAIL EASEMENT L Z J 1000' 500' 0' 1000' moommommon SCALE: 1"= 1000' 1171311OWGIEXHIBITSIEASEMENT PLAT/117131-EASEMENT PLAT.D*V RENSED BY RSTG SCALE: DRAW BY. NORTH COUNTY TRANSIT DISTRICT I"--loon' R51C CHECKED BY.. JW COASTAL RAIL TRAIL DOC. NO APPROVED By DKN EASEMENT AREA PACE NO. DATE PREPARED: 1017 CITY OF ENCINITAS I OF 11 EXHIBIT "B" STA: 1849+29.9 _ _ — 2RIRON PIPEOMm DISK Sl 1 ^ P.O.B. LS 5292 " 1 I i � i 1 Z I I i 1 1 1 1 1 I 4=10'5353" R=5632.00' 1 L=1071.25' 1 1 1 1 Ncro RIGHT-OF-WAY 1 1 1 1 1 1 1 1 1 ► 1 1 1 I Ncro 1 RICHT-OF-WAY I -i SANTA FE ORIVE _SE_C7701V_16_I SECTION 15 SECTION 21 i SECTION 22 MATCH NE—SEE SHEET 3 100' 50' 0' 100' ommommomm SCALE: 1"= 100' REVISED BY.• SCALE Rsrc BY. DRA WN NORTH COUNTY TRANSIT DISTRICT ?"=100' RS TG CHECKED BY: JW COASTAL RAIL TRAIL OOC. N0. APPROVED BY.. DKN EASEMENT AREA PAGE N0. DATE PREPARED: 7017 CITY OF ENCINITAS 2 OF 11 EXHIBIT 'B" MATCH LINE—SEE SHEET 2 EASEMENT LINE AND CURVE \ DATE TABLE \ NO Length Bearing/Delta Radius Cl 31.40' D=7014'19" 248.50" \ C2 213.28' D=2015'19' 5418.43' 1 d=10 53'53" R=5632.00 L1 7.45' S73 00644'W L=1071.25' L2 95.86' 520011'16"E \ \ NCTD RIGHT—OF—WAY \ SECTION 21 I SECTION 22 I \ T.P.O.B. I \ I \ LI R I R N12034 28"E I `039 p9"E N6 ` RAIL TRAIL I EASEMENT d=06n1'20" R=5632.00' L=591.97' \ 1 \ � I N N I � z I y I �Lj I L N I Z C3 I U MATCH LINE—SEE SHEET 4 100' 50' 0' 100' SCALE: 1"= 100' REVISED BY: SCALE: RS TG DRAWN BY. NORTH COUNTY TRANSIT DISTRICT I'=loo' RS TG CHECKED BY.. dW COASTAL RAIL TRAIL DOC. NO. APPROVED BY.: DKN EASEMENT AREA PAGE NO. OA TE PREPARED: 2017 CITY OF ENCINI TAS 3 OF 11 EXHIBIT 'B" MATCH LINE—SEE SHEET 3 L2 I EASEMENT LINE AND CURVE C3 I p DALE TABLE A \ to N0. Length Beorin9110Nto Radius \ (00 I Z �IVE ` I ORN15N C3 25.11' D=14°26'14" 100.03' I C4 31.84' 0=16°0730" 113.15' � d=06'01'20" R=5631.00' C5 153.54' 0=1°08'53" 7663.20' L=591.97' +�a 6 P� 0 C' C6 16.46' D=4°53'08" 193.07' 163 1�N 1 SS p. C7 17.23' 0=4 04726" 206.03' RR. C8 20.66' 0=5 043'52' 206.50' C9 18.63' D=5 031'02" 19J50' �+ C10 NOT USED \ I \ I C11 15.03' 0=0 052'20" 98723' NC C12 14.72' D=1°04 22' 785.92' IC6 RIGHT-OF-WAY \ ICS C13 71.96' D=1002'09" 3980.90' 2 \ y C14 31.28' D=3 055'40" 456.24' N C15 30.11' D=J°56'05' 438.50' \ r( L3 11344' S22°5457'E — \ > 'g L4 108.05' S22°44'32"E — I ` v� L5 31.92' S22 041'47 E — C8 " z C9 L6 93.84' S21 05522"E — L7 11.15' S21 015'35"E — \ RAIL TRAIL EASEMENT I \` U N66°3g 52 I C 11 SECTION 21 I SECTION 22 \`11 l N6o540g"E R 6 I �sF � L7 \ C15 MATCH LINE-SEE SHEET 5 100' 50' 0' 100' SCALE: 1"= 100' REVISED BY RSTC SCALE: DRAWN BY. NORTH COUNTY TRANSITDISTRICT 1"=100' RSTC CHECKED BY., JW COASTAL RAIL TRAIL DOC NO, APPROVED BY.., OKN EASEMENT AREA PAGE NO. DATE PREPARED:NOVEMBER 20171 C1 7Y OF ENCINI TAS 4 OF 11 EXHIBIT 'B" MATCH LINE-SEE SHEET 4 RAIL TRAIL EASEMENT LINE AND CURVE \ C15 EASEMENT DATE TABLE NCTD N0, Length I Beadng/ONio Radius RIGHT-OF-WAY C16 C16 30.22' D=16015'36" 106.50' ♦ C17 24.81' 0=15 012'04" 93.50' \ C17 C18 29.34' 0=22055'32" 73.32' �l C19 32.78' D=19 021'08" 9704' ♦ C18 C20 38.63' 0=19 012'06" 115.28' ♦ N86006'48"E R C21 24.03' D=20°16'38" 6791' .E R C22 18.69' 0=11027'07" 9151' N66o0a 50 ♦♦ Z y' C23 41.37" 0=11028'45" 206.50' \L/ C24 11.11' 0=604871" 93.50' ♦ ��� �y C25 12.51' D=6043'47" 106.50' ♦ C21 Z L8 99.04' 522054'3B"E — \ ^'• L9 68.65' 52205576"E — Ll1 > \ C22 rn L10 26.97' 523012'52"E — \`L 1? L I1 63.90' 522053'02'£ _ N p L12 1000' 511025 53 E U 11 \ ° LI3 173.08" 522054'37"E — 04 NOT USED — L15 NOT USED \\ L16 35.19' 522050'04"E — ♦ C24 1.17 \C25 rn MATCH LINE-SEE SHEET 6 100' 50' 0' 100' SCALE: 1"= 100' REVISED BY SCALE: RSTG DRAWN BY NORTH COUNTY TRANSIT DISTRICT 1"=100' RS1G CHECKED BY.. JW COASTAL RAIL TRAIL DOC NO. APPROVED BY: EASEMENT AREA OKN DATE PREPARED: 2017 CITY OF ENCINI TAS PAGE 5 OF 11 EXHIBIT T" MATCH LINE-SEE SHEET 5 EASEMENT LINE AND L16 522'5436 E 1443.43' CURVE DATE TABLE ` 00 �EC N0. Length Beoring/Delfo Radius 00 1818+R\01 C26 18.89' D=9 019'33' 116.03' Si 0 L17 121.27' S23 020'27"£ — c+ &=08'02'01" L18 18.07' 527 05252"E — L 18 R=1332.69' L19 46.97' S23006'55E — L 186.86' — L20 48.46' 528 02645 E i NO 0 B L21 24.29' S23 001'54 1816i0pR1�taP L22 31.66' S25 016'10 7E — L21 StPy SSP ° L23 18.78' 526 5633E — ` L22 i L24 16.00' 524 034'38 E — L23 L24 s L25 47.31' S14-5345 1E _ L25 \ rZ C26 44.84' S9 05845 E ` r L27 18.43' S21 04549"E — L28 77.59' S26005'09'E — ` L27 ZG(.. L29 63.06' S25028'08'E — L30 30.55' 526009'05"E — \ Z L31 21.93 S25006'06"E — �� L32 62.14' S25004'52 7 E — °' C33 56.07' 523 02523"E — L34 33.69' 531 044'34 7E — G RAIL TRAIL o °o EASEMENT L3! NCTD RICH T-OF-WAY N L33 L34 L3 MATCH LINE-SEE SHEET 7 100' 50' 0' 100' SCALE: I"= 100' REI4SED BY: SCALE: Rsrc DRA NN BY. NORTH COUNTY TRANSIT DISTRICT ?'=too' RSTC CHECKED BY.. JW COASTAL RAIL TRAIL DOC, N0. APPROVED BY: DKN EASEMENT AREA PAGE NO. DATE PREPARED:NOVEMBER 2017 CITY OF ENCINITAS 6 OF 11 EXHIBIT "B" MATCH LIN —SEE SHEET 6 EASEMENT LINE AND L34 <ir� CURVE DATE TABLE N0. Length Bewing/Delto Radius P L35 60.33' S31°3979 7E — < L36 139.28' S36 018'51'E — \ L37 33.61' SJ6 044'14'E — \ L38 104.20' S34 04752 E — \ <�r� L39 18.09' 53 029'06 7E — \ y L40 9.31' 523 014'25"E — w L41 9.92' S39-33.13E L3 L42 9.31' 556°54'14'E — \ 1L J, \ 9Z L43 324.13' S24°1444"E — L4 c^ ♦ L4 `S L44 23.35' S2604615"E — w ♦ �� L45 3761' S33044'36E — L41 yG L46 45.01' S41 04677"E ♦ L47 57.66' S46 013'15"E — �G. i R i i R 6=03'5933" R=2964.56' \ L=106.58' �V RAIL TRAIL / EASEMENT 00/ ♦ /�Gj� NC TO ♦ y "�/�' O RIGHT-OF-WAY \ > X/ 'v. ♦ ad. \ 48 MATCH LINE—SEE SHEET 8 100' 50' 0' 100' SCALE: I"= 100' REVISED BY SCALE: Rsrc BY. DRAW NORTH COUNTY TRANSIT DISTRICT )*=100' RSTG CHECKED BY.. dW COASTAL RAIL TRAIL DOC. No, APPROVED BY.' DKN EASEMENT AREA PAGE NO. DATE PRENOVEDBER 2017 CITY OF ENCINITAS 7 OF 11 EXHIBIT "B" MATCH LINE—SEE SHEET 7 L47 �a� EASEMENT LINE AND L4 CURVE DATE TABLE LS P�<J N0. Length Bearing/Delfo Radius L51 SGOMERY L48 30.08' S3601 1'38'E — µ� L49 9.32' S6°10'01E — `N L50 19.24' S2605754"E — RAIL TRAIL L51 11.05' S55 039'08"E — EASEM£NT L52 166.02' 527 05955"E — NCTD ♦♦ L53 �� RIGHT-OF-WAY L53 16.97' S28005-46-E — a L54 33.26' S27°49'56"E — L55 75.13" S27-08.51E — \♦ �aP �2 L56 43.76' S19°46'11E — � L57 95.58' S20°55'59"E — a' L56 83.78' 528-09'5,3-E — ♦ L59 77.95' S34 045'20"E — L60 26.62' S28 004'52"E — ♦ 1.61 105.75' S29°32'23E — z �c 0 \ �rn L62 MATCH LINE-SEE SHEET 9 100' 50' 0' 100' SCALE: 1"= 100' RENSED BY., SCALE: RSTG NORTH COUNTY TRANSIT DISTRICT 1"=roo' DRANK BY.. RSTC CHECKED BY.., dW COASTAL RAIL TRAIL Doc. No. APPROVED BY: DKN EASEMENT AREA PAGE NO DATE PREPARED: 2017 CITY OF ENCINI TAS 6 OF 71 EXHIBIT "B" MATCH LINE»SEE SHEET 8 L61 EASEMENT LINE AND CURVE !a, DATE TABLE N0, Length Beorng/DelfO Radius C27 75.17' 0=24049'31" 173.50' E pVENO C28 50.40' D=15 029'00" 186.50' tea, 001 C29 23.53' D=6056'31" 194.17' A C30 128.61' 0=25014'16" 292.00' L62 116.64' S32041'19"E — L63 51.45' S43031'45 E a. L64 26.03' S2802745 1E L65 210.14' S2605704 7E \ ♦ N L66 NOT USED L67 23.51' 524041.46 E � G \ ♦o �j L68 119.66' S33-05'32E — n G E R \ N72oj4'46" \ n -' n ♦ RAIL TRAIL ♦ °' \ EASEMENT Nc TO IGH RICHT-OF-WAY \ 0R1VE pM ♦ gtRM1N� ♦ w 0 ♦ L6 ♦ MATCH L1N ^-SEE SHEET 10 100' 50' 0' 100' SCALE: 1"= 100' REVISED BY RSTG SCALE: DRAKW BY. NORTH COUNTY TRANSIT DISTRICT 1"=1oo' RSTG CHECKED BY.. dW COASTAL RAIL TRAIL DOC. 140. APPROVED BY. DKN EASEMENT AREA PAGE NO. DATE PREPARED: CITY OF ENCINI TAS 9 OF It NOVEMBER 2017 EXHIBIT 'B" MATCH LINE-SEE SHEET 9 CJ b EASEMENT LINE AND r CURVE DATE TABLE v NO. Length Bearinq/Oella Radius v L69 31.90' Sf055'17'W — !N RAIL TRAIL L70 24.72' S900949 E — EASEMENT L71 24.68' S19 034'11 E — L72 52.23' S28 043'13 E — NCTO RIGHT-OF-WAY L73 108.04' 52902848"E — w L 74 69.33' S30°0444"E — Z L75 28.00' S36051'55"E — ' r % sECnoN /s L76 61.06' S4403744"E — �o _ SECTION 27 L77 16.00' S36°35'39 — , �2G C78 62.19" 54123'48"E — N L79 60.81' S37°01''58"E — L80 46.80' S9°5256'W — 91�00%' L81 57.36' 530°4755"W — L82 101.89" S26°1730 STA_1780+94.46 \ ` R.R. STA. ORIGINAL E.C. / &-06'48'10" R=2964.79' L=352.01' C8J MATCH LINE-SEE SHEET II 100' 50' 0' 100' SCALE: 1"= 100' REVISED BY: RSTG SCALE: DRAWN BY NORTH COUNTY TRANSIT DISTRICT 1"=100' RSTG CHECKED BY.. rW COASTAL RAIL TRAIL DOC. NO. APPROVED BY.. DKN EASEMENT AREA PAGE NO. DATE PREPARED: CITY OF ENCINI TAS 10 OF 11 NOVEMBER 2017 EXHIBIT 'B" MATCH LINE-SEE SHEET 10 6=06'48'10" EASEMENT LINE AND R=2964.79' CURVE DATE TABLE L82 L=352.01' oo N0. Length Bewing/Deffa Radius pv C31 22.48' 0=35 04674" 36.00' P C. C32 15.81' 0-37 04458" 24.00' RGNPL Bc c33 0.80' 0=9 010'41" 5.00' 1 P: 5 0 w 5 tP• R R. L83 415.14 S27 030'32'E — / RAIL TRAIL N L84 13.31' N63 01458"E — EASEMENT \ ii ♦ NCTD `b N20'08 54 W 182.96' (RIGHT-OF-WAY y ♦♦ C32 GC33 Q 01 OR CL84 C��51ER ♦ r, ♦ pR1JE ♦ ` doll, 100' 50' 0' 100' SCALE: V'= 100' REVISED By RSTG SCALE: DRAWN BY. NORTH COUNTY TRANSIT DISTRICT N/A RSTC CHECKED By dW COASTAL RAIL TRAIL DOG NO.. APPROVED BY.. DKN EASEMENT AREA PAGE N0. DATE PREPARED: CITY OF ENCINI TAS It OF 11 NOVEMBER 2017 EXHIBIT C— INSURANCE REQUIREMENTS Without limiting Grantee indemnification of NCTD as provided herein, Grantee shall provide and maintain at its own expense during the term of this Easement the below listed and described policies of insurance covering its operations hereunder. Evidence of such insurance satisfactory to NCTD along with required endorsements will be delivered to NCTD concurrent with execution of this Easement. Such evidence shall include certificate of insurance (Accord Form 25-S or equivalent). All evidence of insurance shall be issued by a properly authorized officer, agent or qualified representative of the insurer and shall certify the names of the insured, any additional primary insureds, where appropriate, the type and amount of the insurance coverage, the location and operations to which the insurance applies and the expiration date. 1. Commercial and General Liability: Grantee shall provide and maintain the following commercial and general liability insurance: A. Coverage for commercial general liability insurance shall be at least as broad as the Insurance Services Office Commercial General Liability(occurrence form CG 0001) coverage. B. Grantee shall maintain limits of no less than four million dollars ($4,000,000) per occurrence and six million dollars ($6,000,000) aggregate limits for bodily injury, personal injury and property damage, including injury or damage. The general liability policies are to be endorsed to contain the following provisions: a. NCTD, its Board of Directors, officers, employees, agents and volunteers are to be covered as additional insureds as respects liability arising out of the Property/Right-of- Way leased/licensed/granted by Grantee; The coverage shall contain no special limitations on the scope of protection afforded to NCTD, its directors, officers, employees, agents and volunteers. b. For any claims related to this Easement, Grantee's insurance shall be primary insurance as respects to NCTD, its Board of Directors, officers, employees, agents and volunteers. Any insurance, pooled coverage or self-insurance maintained by NCTD, its directors, officers, employees, agents and volunteers shall not be contributory. c. Grantee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. d. The liability insurance shall indemnify the Grantee and its contractors against loss from liability imposed by law upon, or assumed under contract by the Grantee or its contractors for damages on account of such bodily injury (including death), property damage, personal injury and completed operations and products liability. e. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to NCTD, its Board of Directors, officers, employees, contractors, agents or volunteers. f. The insurance shall be provided on a policy form written by underwriters through an agency satisfactory to NCTD, which includes a cross-suit clause, and covers bodily injury and property damage liability, owned and non-owned vehicles and equipment, blanket contractual liability and completed operations liability. Page 12 2. Railroad Protective Liability: A. The Grantee shall obtain a railroad protective liability policy for work done within fifty (50) feet of railroad tracks. The standard limits shall be three million dollars ($3,000,000) per occurrence limit and six million dollars ($6,000,000) aggregate. NCTD reserves the right to increase these limits, depending on the scope of work related to the Easement. B. All work requiring railroad protective liability insurance shall name in the endorsement and schedules as additional insureds the following entities, including their directors, officers, agents and employees as their interests may appear: a. North County Transit District(NCTD) b. Burlington Northern Santa Fe Railway(BNSF) c. Bombardier Transportation Holdings USA Inc. d. Southern California Regional Rail Authority (SCRRA), Metrolink e. AMTRAK 3. All policies required shall be issued by insurance companies who are rated not less than "A VII" by the latest A. M. Best Company Key Rating Guide, who are authorized to transact business in California. 4. NCTD makes no representation that the limits or forms of coverage of insurance specified in this section are adequate to cover Grantee's property or obligations under this Easement. NCTD reserves the right to raise or lower limit requirements at the time of request, based upon the scope of work. 5. Prior to execution of this Easement, Grantee shall file with NCTD a certificate of insurance signed by the insurer's representative. Such evidence shall also include confirmation that coverage includes or has been modified to include required provisions as set forth herein. Grantee shall upon the reasonable demand of NCTD, deliver to NCTD such policy or policies of insurance. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be amended or cancelled, except after thirty (30) days prior notice by U.S. mail has been given to NCTD. 6. If any insurance coverage is canceled or reduced, Grantee shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with NCTD a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies, and said policy shall be submitted for approval as herein provided. At least fifteen (15) days prior to the expiration of any such policy, a certificate, showing that the insurance coverage has been renewed or extended, shall be filed with NCTD. 7. Every contractor or subcontractor of Grantee entering upon, using or performing any work upon the Right-of-Way by or on behalf of Grantee shall provide evidence of insurance required herein prior to entering upon the Right-of-Way. 8. NCTD reserves the right to increase the limits for the insurance required herein to amounts recommended by NCTD's insurance risk manager or insurance representative. 9. Notwithstanding any other provision of this Easement, Grantee may self-insure for any risk set forth in this section in the manner and to the extent that Grantee self-insures for similar risks with respect to its operations, equipment and property. The manner in which such self-insured is provided and the extent of such self-insurance shall be set forth in a letter of self-insurance, delivered to NCTD and signed by an authorized representative of Grantee, which fully describes the self-insurance Page 13 program and how the program covers the risks set forth herein. Insurance provided by a joint powers authority or insurance pool shall be considered self-insurance for the purpose of this paragraph. If, at any time during the term of this Easement Grantee elects not to self-insure, Grantee shall comply with all applicable provisions herein to the extent Grantee does not so self- insure. NCTD reserves the right to request Grantee financial statements for review prior to accepting self-insurance limits. Page 14 NORTH COUNTY TRANSIT DISTRICT - LETTER OF From Beth Freeman Date 12/05/17 TRANSMITTAL Phone (760)966-6556 ATTN 810 M¢sion Avenue FAX RE Via USPS,with tracking Oremside,CA 92054 To Mark Delin; City of Encinitas (760)9666500 (7601967-2001(fa) Address 505 S.Vulcan Ave; Encinitas, CA 92024 www.gonddmm Phone (760)633-2604 FAX We are sending you 0 Attached ❑ Under separate cover via the following items ❑ Prints ❑ Samples ❑ Sketches ❑ Miscellaneous ❑ Specifications ❑ Shop drawings d Blueprints ❑ Plans ❑ Contract ❑ Other ❑ Copy of letter ❑ Change order ❑ Report ❑ Calculations Quantity Dated No. Description' 1 11/30/17 CRT Easement-Original Signature Document These are transmitted as checked below: ❑ For approval I❑I Approved as noted ❑ Submit copies for ❑ For your use Q Returned for corrections distribution ❑ As requested ❑ Return signed/executed ❑ Return corrected prints ❑ For review and comment ❑ Resubmitted copies 0 For your records ❑ Approved as submitted for approval ❑ For bids due ❑Prints returned after loan to us Remarks Hi Mark, Attached is an original signature Coastal Rail Trail Easement for your records. Thanks, Signed I� Y 4-- CC: `If enclosures are not as noted,please notify us at once.