First Amendment to Easement Agreement with North County Transit District for the Cardiff Coastal Rail Trail.

MEETING DATE: November 14, 2018 PREPARED BY: Edward J. Wimmer, City Engineer DEPARTMENT DIRECTOR: Brenda Wisneski DEPARTMENT: Development Services, Engineering Division CITY MANAGER: Karen P. Brust SUBJECT: First Amendment to Easement Agreement with North County Transit District for the Cardiff Coastal Rail Trail. RECOMMENDED ACTION: It is recommended that the City Council authorize the City Manager, in consultation with the City Attorney, to execute the First Amendment to the Easement Agreement with North County Transit District (NCTD) for construction and maintenance of the Cardiff Coastal Rail Trail improvements in the rail right-of-way (in substantial form as contained in Attachment 1). STRATEGIC PLAN: This update aligns with the following Strategic Plan focus areas: Community Planning By maintaining safe and livable communities through wellmaintained infrastructure and facilities; and Organizational Effectiveness and Efficiency. FISCAL CONSIDERATIONS: There is no fiscal impact associated with the staff recommendation. BACKGROUND: At the November 8, 2017 City Council meeting, the Council authorized the City Manager to execute an Easement Agreement with NCTD for construction and maintenance of the Cardiff Coastal Rail Trail (CRT) and executed a Memorandum of Understanding (MOU) with San Diego Association of Governments (SANDAG) to facilitate the construction of the CRT improvements by SANDAG and the ultimate maintenance of the improvements by the City. Both of these documents were executed on November 30, 2017 and the Easement Agreement was recorded on December 1, 2017 as Document Number 2017-0559807 with the San Diego County Recorder. Subsequent to the recordation and prior to the initiation of the construction of the improvements of the CRT in Cardiff, staff revisited the alignment and location of the post and cable fencing that will be constructed between the CRT project and the active railroad tracks based on discussions with SANDAG, NCTD, and the City Council subcommittee for the SANDAG Board of Directors. 2018-11-14 Item 08E 1 of 23

The CRT project includes new curbs, gutters, a multipurpose trail, drainage, fencing, landscaping, and other improvements along the proposed route between Chesterfield Drive and Santa Fe Drive. These improvements are under construction and will be completed by May of 2019. ANALYSIS: Based on a field reconnaissance and approval with NCTD, SANDAG, and Nasland Engineering (the civil engineer of record for the CRT) a revised fence location was designed that allowed for a wider trail experience in areas where the topography allowed for the fence to be located closer to the railroad track however still remaining outside the foul zone limits of 25 feet as measured horizontally from the outside active rail track alignment. Also, due to the exposure of a portion of the exterior concrete walkway slab for the former Cardiff train station (during construction of a drainage inlet structure) the fence alignment had to be adjusted to the west to avoid being built over and on top of the slab. The change in legal description and schematic (plat) necessitated a revision to the Agreement to adjust the lease area that the City would maintain after the trail was completed because of the two aforementioned modifications. The revised legal description and plat was drafted by Nasland Engineering, and reviewed and approved by City staff and NCTD for compliance with NCTD regulations and surveying industry standards. This revised legal description and plat are the only changes to the Easement Agreement and all other stipulations, requirements, and clauses in the Agreement remain in full force and unchanged. It is recommended the City Council approve the first amendment to the Easement Agreement to account for the revised fence alignment. ENVIRONMENTAL CONSIDERATIONS: The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a project under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment. The improvements constructed with the Cardiff Coastal Rail Trail project support the City s Climate Action Plan (CAP) greenhouse gas emission reduction strategy of Clean and Efficient Transportation. ATTACHMENTS: 1. First Amendment to Easement Agreement between City and NCTD 2018-11-14 Item 08E 2 of 23

Recording 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) SPACE ABOVE FOR RECORDER'S USE FIRST AMENDMENT TO EASEMENT This First Amendment to Easement ( First Amendment ) is made this day of, 2018 ( 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 Coastal Rail Trail within portions of Grantor s property as described in Exhibit A and Exhibit B ( Easement Area ). B. Grantee has requested to modify the Easement Area to accommodate additional landscaping, a fence realignment, and a concrete slab encountered during construction ( Modifications ). These Modifications will increase the Easement Area by 63,062 square feet. C. Parties desire to amend the Easement Area depicted and delineated in Exhibits A and B of the Easement to accommodate the Modifications. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, the Parties agree as follows: 1. Exhibit A shall be deleted in its entirety and replaced with Exhibit A-1 and Exhibit B shall be deleted in its entirety and replaced with Exhibit B-1. Exhibits A-1 and B-1 are attached hereto and incorporated herein. The Easement Area shall increase from 247,497 square feet to 310,559 square feet. 2. Grantee accepts the Easement Area depicted in Exhibits A-1 and B-1 in its present physical asis condition, pursuant to section 16 of the Easement Agreement. 3. This First Amendment shall only be effective upon execution by both Grantor and Grantee. 4. This Amendment shall affect only the exhibits and sections referenced herein, and all other terms and conditions of the Easement Agreement between Grantor and Grantee shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] 238.6-239.8-RT-ENC First Amendment Page 1 2018-11-14 Item 08E 3 of 23

GRANTOR: North County Transit District By: Tracey Foster Chief Development Officer Date: Approved as to Form and Legality: By: Lori 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 November 14, 2018, and the Grantee consents to the recordation thereof by its duly authorized officer. By: Date: Name: Karen P. Brust Title: City Manager, City of Encinitas Approved as to Form:, City Attorney Date: By: Attest:, City Clerk Date: By: 238.6-239.8-RT-ENC First Amendment Page 2 2018-11-14 Item 08E 4 of 23

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On, before me, (insert name and Title of Officer) personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 238.6-239.8-RT-ENC First Amendment Page 3 2018-11-14 Item 08E 5 of 23

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On, before me, (insert name and Title of Officer) personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 238.6-239.8-RT-ENC First Amendment Page 4 2018-11-14 Item 08E 6 of 23

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