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2023-252495Recording Requested by North County Transit District 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) DOC# 2023-0252495 !IIIII 1i11! II!!I i1111 !III IIll11 lllll I1i11 I111111111 i1111 C1111 IIII IIII Sep 18, 2023 10:40 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECCRDER FEES. $0.00 (SB2 Atkins. $0.00) PAGES: 11 SPACE ABOVE FOR RECORDER'S USE SECOND AMENDMENT TO EASEMENT This Second Amendment to Easement ("Second Amendment") is made this 12 day of P [ .p���,�+' 2022 ("Effective Date") by and between North County Transit District (hereinafter "NCTD"), 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." RECITALS A. Grantor and Grantee entered into an Easement Agreement dated November 30, 2017, recorded December 1, 2017 as document number 2017-0559807 in Official Records, San Diego County, California ("Easement"), and by this reference incorporated herein, granting Grantee use of the Right - of -Way ("ROW") for the construction, maintenance, and operation of the extension of the Coastal Rail Trail north of Santa Fe Drive to north of G Street within portions of Grantor's property as described in Exhibit "A" and Exhibit "B" ("Easement Area"). B. Grantor and Grantee amended this Easement and entered into a First Amendment to Easement dated January 23, 2019, recorded February 19, 2019 as document number 2019-0056690 in Official Records, San Diego County, California ("Amended Easement"), and by this reference incorporated herein, granting Grantee use of the Right -of -Way ("ROW") for the construction, maintenance, and operation of the extension of the Coastal Rail Trail north of Santa Fe Drive to north of G Street within portions of Grantor's property as described in Exhibit "A-1" and Exhibit "13-1" ("Amended Easement Area"). C. Grantee has requested to add Additional Easement Area to accommodate the extension of the Coastal Rail Trail from Santa Fe Drive to north of G Street as more specifically described in Exhibit "A-2" and Exhibit "B-2" (hereinafter referred to as "Additional Easement Area"). This Additional Easement Area will increase the total Easement Area by 91,158 square feet. D. Parties desire to amend the Easement Area as described in the Easement Agreement dated November 30, 2017, and all Amendments thereto adding this Additional Easement Area, depicted and delineated in Exhibits "A-2" and "B-2" of this Amendment. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree as follows: 1. Exhibits "A-2" and Exhibit "B-2" depicting the Additional Easement Area are attached hereto and incorporated herein. The Easement Area shall increase from 310,559 square feet to 401,717 square feet. 2. Grantee accepts the Additional Easement Area depicted in Exhibits "A-2" and "B-2" in its present physical "as- is" condition, pursuant to section 16 of the Easement Agreement. 3. This Second Amendment shall only be effective upon execution by both Grantor and Grantee. 4. This Second Amendment shall affect only the exhibits and sections referenced herein, and all other terms and conditions of the Easement Agreement, and all Amendments thereto, between Grantor and Grantee shall remain in full force and effect. GRANTOR: North County Transit District Cate: 1 f Tracey Foster Chief Development Officer Approved as to Form and Legality: By: Lori A. Winfree General Counsel GRANTEE: City of Encinitas, a municipal corporation ACCEPTANCE: THIS IS TO CERTIFY that the interest in real property conveyed by this document from North County Transit District to the City of Encinitas, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City of Encinitas, pursuant to authority confirmed by City Council on F e�CUa� .134 10az , and the Grantee consents to the recordation thereof by its duly authorized officer.- By: - :, -_ —" ! Date: Name: Pamela Antil Title: Citv Manaeer. Citv of Encinitas Approved as to Form: Attest: Tar Da - By: Kathy Hollywood, City Clerk Date: I 4 —),- By: 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 O1� } County of i ) Onbefore me, CAA Date Hie Insert Nam and Title of the Offi personally appeared 4--o5k,+— — Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(S) is/�ri subscribed to the within instrument and acknowledged to me that h'/she/they executed the same in his/her/their authorized capacity0i4/s), and that by f�siheVtfieir signatures) on the instrument the person(K, br the entity upon behalf of which the person(6) acted, executed the instrument. SUHEIL aooalGUez Notary Public - Calitornla San 01"o County _ Commission r 241b256 ` µy Comm. fxoi•es Sep 24, 2026 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS'my ha�4nc� �ffici?l ral. Slgrlatt �`ff U- -Signature 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C, Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: Number of Pages: Signer's Name: __ _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: %C.�G`�C>'t%i:�4'�.'�C.�i. .. `�<;`�i:`�C?c:C> _ .: ._. _ _ . _`�<,`�'C:`cG`cC:.`cZQeG`zt:�%C.`c=G`z•L`�[..'cL`�cu:�=�:�%�:.`�;,�.>c-L•`�.`�:`�:cC)t%C7GC.� ©2015 National Notary Association - www.NationaINotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 Anotary public orother officer completing this certificate verifies only the identity ofthe individual who signed the document towhich this certificate isattached, andnot the truthfulness, accuracy, orvalidity of that document. State of California � County of =� �� D�"o � On « beforeme, BrODate Here q� Insert Name _and Title of the Officer personally appeared A,~I-K Nome(s) of Signer(s) who proved tomeon the basis of satisfactory evidence to be theperson(s) whosename(s) is/are subscribed tothe within instrument and acknowledged tomethat he/ he/theyexecutedthesameinhis/heo/ther authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf ofwhich the penson(s)acted, executed the instrument. ) certify under PENALTY OFPERJURY under the laws ufthe State ofCalifornia that the foregoing paragraph is true and correct. WITNESS myhand and official seal. Signature \. - Signature of Notary P OPTIONAL Description of Attached Docurn nt Title or Type of Document: Document Date: Capadty(iies) Claimed bySigner(s) Signer's Name: o Corporate Officer —Title(s): o Partner— o Limited OGenera| o Individual o Attorney in Fact o Trustee o Guardian orConservator oDthec Signer is Representing: ACI (02019 National Notary Association 2 Signer's Name: oCorporate Officer —ThUe(s): o Partner — o Limited o General El Individual O Attorney in Fact o Trustee o Guardian orConservator El Other: Signer |sRepresenting: EXHIBIT "A-2" COASTAL RAIL TRAIL LEGAL DESCRIPTION ADDITIONAL 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 WITHIN THE EXISTING RIGHT OF WAY OF THE NORTH COUNTY TRANSIT DISTRICT (N.C.T.D.), AS DEFINED BY RECORD OF SURVEY MAP NO. 20507, FILED JUNE 15, 2009 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER; BEING A PORTION OF THE NORTH COUNTY TRANSIT DISTRICT (N.C.T.D.) RIGHT OF WAY, FORMERLY THE A.T. & S.F. RAILWAY, WITHIN SECTION 16 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 SOUTHEAST CORNER OF SECTION 16 AS SHOWN ON RECORD OF SURVEY MAP NO. 20507; THENCE ALONG THE SOUTHERLY LINE OF SAID SECTION NORTH 88°49'41"WEST, 294.80 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 NORTH 88049-41" WEST, 26.20 FEET; THENCE NORTH 15°21'43" WEST, 136.05 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,001.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0705921" A DISTANCE OF 139.58 FEET; THENCE NORTH 07°22'13" WEST, 52.67 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 13.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 25"49'17" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113°11'26" A DISTANCE OF 25.68 FEET; THENCE NORTH 07°13'20" WEST, 107.98 FEET; THENCE NORTH 07°22'04" WEST, 23.41 FEET; THENCE NORTH 07029'05" WEST, 96.40 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 13.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 25040'12" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 113056'04" A DISTANCE OF 25.85 FEET; THENCE NORTH 07022'02" WEST, 398.20 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 501.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 83®2452" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05013'05" A DISTANCE OF 45.63 FEET; THENCE NORTH 01022'03" WEST, 83.61 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 999.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 07017'38" A DISTANCE OF 127.18 FEET; THENCE NORTH 09011'30" WEST, 85.57 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,017.00 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 81048'37" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01037'23" A DISTANCE OF 28.81 FEET; THENCE NORTH 07°34'07" WEST, 144.56 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,001.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 03007'31" A DISTANCE OF 54.60 FEET; THENCE NORTH 05"03'52" WEST, 109.72 FEET; THENCE NORTH 04051'03" WEST, 24.13 FEET; THENCE NORTH 04023'20" WEST, 21.33 FEET; THENCE NORTH 04033118" WEST, 278.74 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1,001.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00036'59" A DISTANCE OF 10.77 FEET; THENCE NORTH 03056'19" WEST, 223.17 FEET; TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 117.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03033'31" A DISTANCE OF 7.27 FEET; THENCE NORTH 00022'48" WEST, 91.34 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 84.60 FEET, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 88056'09" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06059'13" A DISTANCE OF 10.32 FEET; THENCE NORTH 05050-56" WEST, 71.49 FEET; THENCE NORTH 41038-26" WEST, 13.85 FEET; THENa.—cNOR-r-ram 13 r WEST, 9:5, THENCE NORTH 82016'09" EAST, 6.26 FEET; THENCE NORTH 05008'53" WEST, 4.90 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 5.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°12'05" A DISTANCE OF 7.78 FEET; THENCE NORTH 84°03'12" EAST, 20.14 FEET TO THE EASTERLY RIGHT OF WAY OF NCTD; THENCE ALONG SAID RIGHT -OF -WAY SOUTH 05"58'50" EAST, 1,871.09 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 5,632.00 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06009'43" A DISTANCE OF 605.70 FEET TO THE TRUE POINT OF BEGINNING. AREA = 91,158 SF OR 2.116 ACRES. EXHIBIT "B-2" P.O.T, PAGE 5 q/ EAST ' 'STREET t"o PAGE 4 EAST+ STREET • PAGE 3 --t I PAGE 2 -19 h, - ELL{ Y 0 f f BRIGGS AVE LEAST' STREET j I AST '' STREET T.P.Q.B. POB - INDICATES POINT OF BEGINNING TPOB - INDICATES TRUE POINT OF BEGINNING POT - INDICATES POINT OF TERMINATION -- INDICATES RAIL TRAIL EASEMENT - INDICATES NCTD RIGHT-OF-WAY Q mw'-d W= SEC 71ON LINE II POPPA D.K. NASLAND, PLS 5562 NE JN. 120-002.1 1 "=1000' PAGE NO. 1 OF 5 N40023'44"L(k 9 N25040'12"E R 7 fl fl N40059'1 71L(�2, t,u 5"�' NCTO RIGH T- OF- WA Y 100 0 100 SCALE 1" = 100' rplm EXHIBIT "B-2" MATCH LINE -SEE SHEET 3 APO RAIL TRAIL EASEMENT DA TA TABLE BEARING/DEL TA RADIUS LENGTH I N 88049'41 " W 26.20" 2 N 15021'43" W -- 136.05" 1 0705921 kf 1001.00" 139.58 4 N 0702213" W -- 52.67" 5 113011'269 13. 00 25.68" 6 N 07°l3ry W -- 10Z98" 7 N 07022**04" W 23.41 8 N 07029'05'* W -- 96.40" 9 113056'04" 1300" 25.85 P.O.80 N88049'41 "W '*-SECTION 1,6 SEC77ON 15 SANTA FE DRWSECTION 21 SEC77ON 22 \�SEECCIWN LINE '5(;ALt: NDM COUN7Y MWT DGTWT l"--loo, GHL GKEV Br: DOC. NO. APPROVED 8Y- COASTAL RAC.7R4L ADWIONAL EASEMENT AREA DATE PREPARED: CITY OF ENCKTAS PAGE NO. AIM/ VV IlAnf 2 OF 5 !EXHIBIT 2- "B" MA TCH LINE -SEE SHEET 4 G7 14 1 NOD RIGHT-OF-WAY rSTREET 11 10 8. 2S. 'E v 74 0 RAIL TRAIL EASEMENT Z c� t"3 � b NCID RIGHT -OF --WAY STREET 100 0 100 MATCH LINE -SEE SHEET 2 SCALE 1" = 100' REWSED Y: SCALE: ORAWV BY.' JW l�M7H CQi1 M 7MAW MCT ,"-100, CHECKED BY DOC. NO. APPROVED BY C ?ASTAL R41L TRAIL AD ZONAL EASEMiENT AREA DATE PREPARED: CITY C� EI C VITAS PAGE NO. NOV XX 2fJ21 3 OF 5 flA TA TABLE BEAR/NG�I?EL TA RADIUS LENGTH 10 05°13'05 501.00 �5.63`' 11 N Dl Q22'03" �- 83.61 ' i2 D7$t 7'38' 999. DO t 2% t 8 13 N 09°11'30" W -�- 85.57. t 4 d 1 �3723 1417. D0 28. Bt ' MA TCH LINE -SEE SHEET 5 N uj N8405608'"E N81048'44 "E EXHIBIT "B-2" DA TA TABLE @ 0 BEARINGIDEL TA RADIUS LENGTH 15 N 07034'07" W -- 144. 56 16 03007'31" 1001.00" 54.60" 17 N 05003'52" W -- 109.72' 18 N 04051 103 it w 24. 13" 19 N 04023'20" W 21.33 20 00036'59't 1001.001 10.77 H STFL'�ET RAIL TRAIL EASEMEN T AVE to 100 0 100 MA TCH LINE- SEE SHEET 3 SCALE l" = 100' By- I err rw=11iiiiii; -111; lur.'UN-41F IOWA A "FA TMffifl TjAWjjfl TIMWA TV ATMW Af;l'- 'fjjjejffATj( A SCALE: 1"--100' PAGE NO. 4 OF 5 EXHIBIT "B-2" NCID RIGHT-OF-WAY 125 1 -P6� 09 IL N880561 2 ,RAIL (RAIL EASEMENT MATCH LINE -SEE" -SWEET -4 100 0 100 SCALE I" = 100' ■buyu! mwif-olmli F., I I mg., T j:mruaQzmw-, ro" *1 11 m'qkfjr.V&[ 4 "it 0, 11 "'l-I I i ZERM