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Home My WebLink About; North County Transit District; |2001-0005893|2014-0017925|2018-0086899|; Easement AgreementRecording 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) DOC# 2018-0086899 111111111111 lllll 11111111111111111111 111111111111111 lllll ll~I IIII IIII Mar 06, 2018 10:22 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PCOR: N/A PAGES: 10 SPACE ABOVE FOR RECORDER'S USE SECOND AMENDMENT TO EASEMENT AGREEMENT BY AND BETWEEN NORTH COUNTY TRANSIT DISTRICT AND THE CITY OF CARLSBAD (} THIS SEC~D AMENDMENT TO EASEMENT AGREEMENT ("Second Amendment") is made this --1--day of ~J a~ , 20~"Effective Date") by and between the NORTH COUNTY TRANSIT DISTRICT (hereina er "NCTD"), a public agency existing under the laws of the State of California, pursuant to California Public Utilities Code Sections 125000, et seq.; and the City of Carlsbad and the City of Vista (collectively "Grantee"). NCTD and Grantee may be collectively referred to herein as the "Parties." RECITALS A. NCTD and Grantee entered into an EASEMENT AGREEMENT BY AND BETWEEN NORTH COUNTY TRANSIT DISTRICT AND THE CITY OF CARLSBAD ("Easement Agreement") dated October 24, 2000, recorded January 4, 2001 as document number 2001-0005893 in Official Records, San Diego County, California, granting Grantee the right to construct, use, operate, own and maintain the storm drain and sewer facilities (the "Original Facilities") on NCTD's property, described in further detail in Exhibit "A" and depicted in Exhibit "B" to the Easement Agreement ("Premises"). B. NCTD and Grantee entered into an AMENDMENT TO EASEMENT AGREEMENT BY AND BETWEEN NORTH COUNTY TRANSIT DISTRICT AND THE CITY OF CARLSBAD ("First Amendment") dated December 19, 2013, recorded January 14, 2014 as document number 2014- 0017925 in Official Records, San Diego County, California, for the purpose of adding the City of Vista as an additional grantee, and granting Grantee the right to expand the Original Facilities to include a storm drain, sewer, water and recycled water facilities ("Expanded Facilities") on NCTD's property, described in further detail in Attachment "2" and depicted in Attachment "3" to the First Amendment ("Expanded Premises"). C. Section 5 of the Easement Agreement authorizes NCTD and Grantee to amend the Easement Agreement in accordance and consistent with NCTD's policies regulating and governing use of NCTD's rights-of-way. D. The Parties desire to amend the Expanded Facilities to include underground conduit, pull boxes and appurtenances ("Revised Expanded Facilities") to provide telephone service to Grantee's Sewer Lift Station and the adjacent premises currently occupied by the YMCA. 00054147 1229.20-230.60-2000-EA-CSBD Page 1 IL/ I E. The Easement Agreement must therefore be modified to revise the Expanded Premises and allow for the Revised Expanded Facilities. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree as follows: 1. The Revised Expanded Facilities increase the Expanded Premises by 154 square feet, thereby increasing the total Expanded Premises from 414,014 square feet to 414,168 square feet, further described in Attachment "2-1" and depicted in Attachment "3-1" ("Revised Expanded Premises"). 2. Grantee shall pay to NCTD a one-time sum of thirty-seven dollars ($37.00) ("Second Amendment Easement Fee"), in advance of the Effective Date, in exchange for the rights conferred by NCTD herein. The Second Amendment Easement Fee is based on the appraised value of the Expanded Premises, adjusted accordingly for annual CPI increases. 3. Grantee shall be responsible for all costs associated with the changes to the Revised Expanded Facilities, including but not limited to NCTD staff time associated with the preparation of this Second Amendment. 4. Nothing in this Second Amendment shall affect the right of NCTD to require Grantee to relocate or remove the Facility as set forth in section 4 of the Easement Agreement. 5. Grantee hereby accepts the Revised Expanded Premises in its present physical "as-is" condition, and agrees to make no demands upon NCTD for any improvements or alterations. By signing this Second Amendment, Grantee represent and warrant that Grantee will independently inspect the Revised Expanded Premises and the area immediately surrounding and make all investigations, tests, and observations necessary to satisfy Grantee as to the condition of the Revised Expanded Premises, zoning and land use laws, regulations, and ordinances affecting the Revised Expanded Premises, and all of the conditions, restrictions, encumbrances, and other matters of record relating to the Revised Expanded Premises. Grantee agrees that Grantee is relying solely on Grantee's independent inspection and that NCTD makes no warranty or representation with regard to the Revised Expanded Premises. NCTD shall not be responsible for any latent defect or change in condition in any Revised Expanded Premises and Grantee's obligations under this Second Amendment shall not be diminished on account of any defect in the Revised Expanded Premises, any change of condition, or any damages occurring on the Revised Expanded Premises. 6. The Original Facilities, together with the Revised Expanded Facilities shall hereinafter collectively be the "Easement Facilities." 7. The Premises, together with the Revised Expanded Premises shall hereinafter collectively be the "Easement Premises". 8. The Second Amendment shall affect only the sections referred to herein, and all other terms and conditions of the Easement Agreement and First Amendment shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] 229.20-230.60-2000-EA-CSBD Page 2 GRANTOR: North County Transit District By:~ Tracey Foster Director of Real Estate egality: 229.20-230.60-2000-EA-CSBD Page 3 I- Approved as to Form and legality: By:~/k~ Print Name:~,,-L-. c;1i,··~t.A..d Print Title: Dcp~ C, 1:J Ailor~ By:~~~~~,:::::: __ _ Print Name: ~ ,1/~ Print Title: <:::::e:nr,t1,-1t1t~ 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. STA TE OF CALIFORNIA ) ) COUNTY OF San D j ~:o ) On h,DeL. ,;,a , 20 /7, before me, hl C\CAT. ¼e.::::,., , a Notary Public in and for said State, personally appeared H a.ri~ L iJl"lCis.t<:dt who proved to me on the basis of satisfactory evidence to be the personW-whose nameW is/a,e subscribed to the within instrument and acknowledged to me that hdshe~xecuted the same in.l:i.is/herLLbett-authorized capacity_µest, and that by-h.Wher.4ncir signature.k8f on the instrument the person~, or the entity upon behalf of which the person'87acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. LETICIA T. REYES ::;: Notary Public -California (SEAL) I San Diego County Commission• 2211528 My Comm. Expires Aug 26, 2021 229.20-230.60-2000-EA-CSBD z z ,. Page 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On before me, Tamara R. McMinn, Notary Public (insert name and title of th~ officer) .\ personally appeared _.L.._L...::,.::::o,,:;"'"'-'-"""-==-~-'W'-==aa:.....+-'--=.::::.,.:,...::....i::..-::::ic+:--~::..j(il:ji:;._ _ ___:::;.;:;::....=.::::;:,,,.:;::...._ who proved to me on the basis of satisfactory evidence to be th pers (s) w subscribed to the within instrument and acknowledged to me that he/she/they xecuted the sa in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) TAMARA R. MCMINN Notary Public -California San Diego County J Commission 11 215956l ~ Comm. Ex ires Jul 10, 2020 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. ST A TE OF CALIFORNIA ) COUNTY OFJhn {:)~ ) ) On~ 6 , 20 IE;, before me'J~L-~ , a Notary Publicinanor said State, personally appeared/ c,k_ ~ who proved to me on the basis of satisfactory evidence to be the perso~ whose nam~ istafS2., subscribed to the within instrument and acknowledged to me that he/~ executed the same in hi~ authorized capacity~ and that by his~ signatur~n the instrument the person(s), or the entity upon behalf of which the perso~ted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the te of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) J ~ SANDRA L. HARGIS ~ ,2-_ • Commission # 2075917 i ;{: Notary Public -California j · · San Diego County .. 0 U U 0 O ,MJ S0T'Il· !!f'!' jUJ l6rJ'l1 ti 229.20-230.60-2000-EA-CSBD Page 5 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. ST A TE OF CALIFORNIA ) ) COUNTY OF 34J\.._D.i_g O ) . On 1-ebYl.l.Aru g , 20 _lfi, before me, U hlL j , a Notary Public in and fo~ said State, personally appeared Y-, who proved to me on the basis of satisfactory evidence to be th pe son(M whose name~ is~ subscribed to the within instrument and acknowledged to me that-h,e1sW1¥y executed the same in hilher/¥ir authorized capacity(~, and that by~/her~ir sighatur~ on the instrument the person,0, or the entity upon behalf of which the person(~acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 229.20-230.60-2000-EA-CSBD Page 6 Attachment 2-1 EXHIBIT 'A' LEGAL DESCRIPTION ALL THAT PORTION OF LOT 'H' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 6.00 FEET IN WIDTH, LYING 3.00 FEET, AS MEASURED AT RIGHT ANGLES, ON BOTH SIDES OF THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTHERLY LINE OF SAID LOT 'H' OF RANCHO AGUA HEDIONDA AND THE "AGREEMENT LINE" BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY AND THE NORTH COUNTY TRANSIT DEVELOPMENT BOARD AS SHOWN ON RECORD OF SURVEY NO. 16154, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, RECORDED APRIL 30, 1999, AS DOCUMENT NO. 1999-291848, OF OFFICIAL RECORDS; SAID POINT OF COMMENCEMENT BEING ON THE ARC OF A NON-TANGENT 1975.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 49°54'28" EAST (RECORD NORTH 49°54'04" EAST); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID "AGREEMENT LINE" A DISTANCE OF 909.31 FEET THROUGH A CENTRAL ANGLE OF 26°22'47" (RECORD DISTANCE = 909.58 FEET, CENTRAL ANGLE = 26°23'15"); THENCE CONTINUING ALONG SAID LINE SOUTH 22°30'16" EAST, A DISTANCE OF 247.64 FEET; THENCE LEAVING SAID LINE NORTH 65°44'47'' WEST, A DISTANCE OF 6.08 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 22.91 FEET THROUGH A CENTRAL ANGLE OF 32°49'17"; THENCE NORTH 32°55'30" WEST, A DISTANCE OF 72.71 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 34.97 FEET THROUGH A CENTRAL ANGLE OF 10°01'05"; THENCE NORTH 22°54'26" WEST, A DISTANCE OF 4.50 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.35 FEET THROUGH A CENTRAL ANGLE OF 22°32'43"; THENCE NORTH 24°35'56" WEST, A DISTANCE OF 44.75 FEET; THENCE NORTH 29°27'58" WEST, A DISTANCE OF 205.58 FEET; THENCE NORTH 35°10'10" WEST, A DISTANCE OF 108.77 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 44.48 FEET THROUGH A CENTRAL ANGLE OF 101°56'15"; THENCE NORTH 66°46'05" EAST, A DISTANCE OF 24.77 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A TANGENT 4.50 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG SAID CURVE A DISTANCE OF 5.81 FEET THROUGH A CENTRAL ANGLE OF 73°59'26", TO THE BEGINNING OF A TANGENT 4.50 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 5.81 FEET THROUGH A CENTRAL ANGLE OF 73°59'26"; THENCE NORTH 66°46'05" EAST 14.03 FEET TO THE POINT OF TERMINUS. CONTAINS 154 SQUARE FEET MORE OR LESS. ATTACHED HERETO IS A DRAWING LABELED EXHIBIT "B" FOR ILLUSTRATION PURPOSES AND BY THIS REFERENCE MADE A PART HEREOF. g/1:7 21Jt DATE Attachment 3-1 EXHIBIT 'B' EASEMENT PLAT LEGAL DESCRIPTION: ALL THAT PORTION OF LOT 'H' OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, NOVEMBER 16, 1896. ASSESSOR'S NO.: 210-010-09-00 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS DRAWING IS THE CALIFORNIA COORDINATE SYSTEM 1983, ZONE 6, 1991 .35 EPOCH, BETWEEN CITY OF CARLSBAD STATIONS CLSB-057 AND CLSB-141 AS SHOWN ON RECORD OF SURVEY 17271. I.E. N40"39'22"W OWNER: AT&T 5738 PACIFIC BOULEVARD SAN DIEGO, CA 921 08 ~ INDICATES EASEMENT AREA • SAN OIEGUITO ENGINEERING, INC . 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING PACIFIC OCEAN VICINITY MAP NO SCALE SHEET 1 of 2 SOE 5370 I I I I I /cLSB-141 4_ N. 1,998491.112 \.E. 6,226887.845 \. \. \. \. \. \. \. \. \. SCALE: , .. = 1 oo· -- \. ~ EXHIBIT 'B' EASEMENT PLAT SHEET 2 of 2 SEE DETAIL 'A' PARCEL 3 ROS 17350 '0 'vO\ <c,'2-::, \}\~? EXISTING EASEMENT AGREEMENT BETWEEN NORTH COUNTY TRANSIT DISTRICT AND THE CllY OF CARLSBAD RECD. 01/14/2014 AS DOC.#204-0017925, OF O.R. ROS 16154 / EXIST. SDG&E ESMT. DETAIL 'A' NTS EXIST. POWER POLE P.O.T. - -0 ~ P.O.C. T.P.O.B. P.O.T. • 100 200 INDICATES EASEMENT AREA POINT OF COMMENCEMENT TRUE POINT OF BEGINNING POINT OF TERMINUS CLSB-057 N. 1,993994.520 E. 6,230749.550 SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA. 92024 PHONE: {760) 753-5525 L1 C1 C2 L2 C3 L3 C4 cs L4 DATA TABLE LENGTH RADIUS DELTA BEARING 6.08' N65"44'47"W 22.91' 40.00' 32"49117" 34.97' 200.00' 10·01'05" 4.50' N22'54'26"W 39.35' 100.00' 22'32'43" 44.75' N24"35'56"W 5.81' 4.50' 73·59'26" 5.81' 4.50' 73"59'26" 14.03' N66"46'05"E