2017-559807 DOC# 2017-0559807
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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
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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
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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.