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HomeMy WebLinkAbout2025-04-10; Notice Letter to the City of Encinitas Regarding the 101 Leucadia Drainage "Big Water" Plan Project (District 4); Gomez, PazCouncil Memorandum April 10, 2025 To: From: Via: Honorable Mayor Blackburn and Members of the City Council Paz Gomez, Deputy City Manager, Public Works Sheila Cobian, Assistant City Manager~~ {city of Carlsbad Memo ID 2025028 Re: Notice Letter to the City of Encinitas Regarding the 101 Leucadia Drainage "Big Water" Plan Project (District 4) This memorandum provides a summary of the key concerns outlined in a recent letter from Carlsbad to the City of Encinitas dated March 20, 2025 (Exhibit 1) regarding the 101 Leucadia Drainage "Big Water" project. Background Encinitas is proposing to connect a portion of its drainage system to Carlsbad's storm drain infrastructure to address localized flooding in Encinitas. While coordination occurred between staff members from both cities from 2022 to 2025, approval has not been granted by Carlsbad. Encinitas cites a 2004 stormwater easement (Attachment A to Exhibit 1); however, the proposed design appears to exceed the easement's scope. Staff have also identified several other issues requiring further review with Encinitas. Discussion The 101 Leucadia Drainage Project and Potential Issues Encinitas is constructing a drainage improvement project along North Coast Highway 101 in the Leucadia community, generally between La Costa Avenue and Basil Street, intended to mitigate localized flooding. The project involves constructing a large storm drain to convey runoff northward, ultimately discharging peak flows and stormwater volumes into Carlsbad's existing storm drain infrastructure near the intersection of North Coast Highway 101 and La Costa Avenue. However, Carlsbad's system was not designed to accommodate these additional flows. Despite a review process including meetings and email correspondence to address the proposed increase in volume and intensity of runoff to the City of Carlsbad, Encinitas staff have not provided sufficient technical documentation or justification for Carlsbad staff to fully evaluate the proposed design or assess its potential impacts to Carlsbad drainage infrastructures. A summary of the key concerns include: Public Works Branch Transportation Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2980 t Council Memo -101 Leucadia Drainage "Big Water" Plan Project {District 4) April 10, 2025 Page 2 • Unauthorized Use of Carlsbad's Infrastructure -The project extends beyond the scope of the existing easement's drainage area and approved infrastructure use, potentially increasing Carlsbad's liability and maintenance responsibilities. • Flooding Risks -It is unclear whether Carlsbad's existing drainage system can accommodate the additional flow from Encinitas without increasing flood risks. • Water Quality Impacts -Additional runoff may introduce pollutants into sensitive areas, such as the Batiquitos Lagoon, with potential regulatory implications. • Construction Phasing-The project scope lacks clarity on drainage management during construction, raising concerns about potential disruptions. • Long-Term Impacts -Key assumptions regarding flow capacity, run-off volumes, drainage patterns and ongoing maintenance responsibilities remain unclear and unresolved. Next Steps The letter from Carlsbad to Encinitas requested a meeting to discuss these outstanding issues. Encinitas's City Attorney reached out to Carlsbad's City Attorney to schedule the meeting, which is being coordinated for a mutually convenient time and location. Exhibit: 1. Letter to the City of Encinitas dated March 20, 2025 cc: Geoff Patnoe, City Manager Cindie McMahon, City Attorney Gary Barberio, Deputy City Manager, Community Services Laura Rocha, Deputy City Manager, Administrative Services Amanda Flesse, Utilities Director Tom Frank, Transportation Director/City Engineer Jason Haber, Intergovernmental Affairs Director Kyle Lancaster, Parks & Recreation Director Jeff Murphy, Community Development Director Sarah Lemons, Interim Communication & Engagement Director Hossein Ajideh, Engineering Manager David Edwards, Senior Engineer EXHIBIT 1 March 20, 2025 Ms. Jill Bankston, P.E. Director of Engineering/City Engineer City of Encinitas 505 South Vulcan Avenue Encinitas, CA 92024-2056 Dear Ms. Bankston: {c ity of Carlsbad VIA EMAIL This letter is responsive to your email dated January 15, 2025, that provides that after attempting to work with the City of Carlsbad ("Carlsbad") and finding those efforts to be "unfruitful," the City of Encinitas ("Encinitas") unilaterally proceeded with the 101 Leucadia Drainage "Big Water" Plan project, or Project, that, in part, connects to and makes use of Carlsbad drainage infrastructure. Carlsbad strongly disagrees that any passage of time for inter-agency coordination constitutes any sort of waiver of Carlsbad's property rights nor has Carlsbad provided implied consent for Encinitas to proceed. In fact, Carlsbad repeatedly tried to address the impacts and concerns of the Project, which are described in greater detail below. Carlsbad previously objected to the use of Carlsbad's drainage infrastructure by Encinitas related to this Project, and this letter serves as written notice that Encinitas is infringing on Carlsbad's property rights by having proceeded of its own accord without Carlsbad's approval. The unilateral decision by Encinitas to connect to Carlsbad drainage infrastructure was, by your own admission, due to funding constraints and seems to have been a risk calculation made by Encinitas. Carlsbad also strongly disagrees that Encinitas has the authority to use Carlsbad infrastructure under the existing stormwater easement dated June 4, 2004 ("Existing Easement") in Attachment A. The Project exceeds the terms of the Existing Easement based on both the drainage area that is described and the exhibits depicting the approved use of the infrastructure. Even under the Existing Easement, Carlsbad has the right to require the relocation of Encinitas's infrastructure. This letter serves as notice that Encinitas has exceeded Public Works Branch Transportation Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-2746 Ms. Jill Bankston, P.E. March 20, 2025 Page 2 the scope of the Existing Easement and must promptly relocate its infrastructure to remove it from Carlsbad's drainage infrastructure. Encinitas connecting its Project to (and making use of) Carlsbad's drainage infrastructure is problematic because it increases Carlsbad's regulatory risk and actual risk. Specifically, by increasing the watershed area that drains into Carlsbad's municipal separate storm sewer system (MS4), Encinitas has increased pollutant loading during wet weather causing beach and lagoon water quality to degrade. Further, the addition of dry weather flows from illicit discharges and other nuisance flow has the following negative impacts to Carlsbad: (1) triggers the requirements of existing Bacteria Total Maximum Daily Load (TMDL), (2) likely increases the number of beach advisory days, (3) increases vegetation growth in the open channel creating wetland habitat. Further, as Encinitas well knows, the co-mingling of runoff from agencies makes it difficult to assign liability to future regulatory actions and increases the water quality regulatory risk for Carlsbad. Beyond regulatory risk, Carlsbad is concerned with the actual risks created by the Project and the unilateral decision to use Carlsbad's drainage system . If the system is not accurately modeled, which Carlsbad has yet to see sufficient evidence of, then storm events may overwhelm drainage infrastructure, leading to property damage, road closures and emergency repairs. Further, it is not clear to Carlsbad that the long-term maintenance costs of the Project have been accounted for, nor has Encinitas agreed to assume them. Incorrect assumptions about basin capacity and flow patterns lead to increased maintenance expenses for Carlsbad in perpetuity. To resolve this dispute, Carlsbad requests a meet and confer with Encinitas to discuss these issues as soon as possible. Sincerely, Tom Frank, P.E. Director of Transportation/City Engineer Attachment: A. Letter to City of Encinitas dated June 26, 2002, with Existing Easement cc: Geoff Patnoe, City Manager Cindie McMahon, City Attorney Sheila Cobian, Assistant City Manager Paz Gomez, Deputy City Manager, Public Works RONALD R. BALL CITY ATTORNEY JANE MOBALDI ASSISTANT CITY ATTORNEY CINDIE K. McMAHON DEPUTY CITY ATTORNEY JULIA L. COLEMAN DEPUTY CITY ATTORNEY EXHIBIT 1, ATTACHMENT A CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (760) 434-2891 FAX: (760) 434-8367 June 26, 2002 Glenn Sabine, City Attorney City of Encinitas 505 S. Vulcan Avenue Encinitas, California 92024-3633 RE: STORM DRAIN EASEMENT Dear Mr. Sabine: RANDEE HARLIB SECRETARY TO CITV ATTORNEY ARDIS SEIDEL LEGAL SECRETARY/PARALEGAL Please find enclosed a copy of the City of Carlsbad's agenda bill and resolution regarding the above referenced project, for your files. It was a pleasure assisting the City of Encinitas with this project. afs Enclosure Very truly yours, ·~/hf IA COLEMAN D puty City Attorney c: John Maashoff, Associate Engineer 0 w ~ a: a. ~ .. CITY OF CARLSBAD -AGENDA BILL AB# 16,795 MTG. 6/18/02 TITLE: APPROVAL OF A STORM ORA.IN EASEMENT DEPT. HD. TO THE CITY OF ENCINITAS FOR THE BENEFIT OF THE ~ CITIES OF ENCINITAS AND CARLSBAD CITY ATTY. -~------ DEPT. CA CITY MGR. RECOMMENDED.ACTION: Adopt Resolution No. 2002-178 approving a storm drain easement to the City of Encin_itas, which easement will benefit both the Cities of Encinitas and Carlsbad. ITEM EXPLANATION: The City of Encinitas has formally requested a storm drain easement from the City of Carlsbad to accommodate placement of a storm drain system underneath a portion of Carlsbad Boulevard. The storm drain system will benefit both the cities of ·Encinitas and Carlsbad by colfecting runoff along Highway 101 and Caflsbad Boulevard. The City of Encinitas will install, operate and maintain the storm drain system, at its own risk and expense, along, west of, and east of Highway 101, beginning at Athena Street and extending through to La Gosta Avenue. An existing catch basin west of Carlsbad Boulevard, at Carlsbad State Beach, will be connected to this new storm drain. This catch basin collects runoff from Carlsbad Boulevard near Carlsbad's southern City limits. The storm drain system will affect approximately 3423 square feet of Carlsbad Boulevard south of La Costa Avenue. An overflow pipe will be installed at Carlsbad State Beach, which will help prevent flooding on Carlsbad Boulevard due to overflow from the detention • basins at Carlsbad State Beach during larger storm events. Finally, a combination-of oil/water separators, new landscaping at the storm drain outlet, and an outlet structure which wilt trap sedimentation and trash, will help improve water quality at the discharge point at Carlsbad State Beach, and will satisfy NPDES requirements. FISCAL IMPACT: Because the City of Carlsbad owns the parcel of land burdened by the storm drain easement there is no fiscal impact on the City from the recommended action. ENVIRONMENTAL REVIEW: In early 1999, the City of Encinitas prepared an Initial Study, and routed plans through the State Clearinghouse. The review period for State Agencies closed on May 14, 1999 without any comments from the State Agencies. On June 9, 1999, the City Council of the City of Encinitas adopted a Negative Declaration for the project. The City of Encinitas has obtained all of the necessary permits for the project. EXHIBITS: ~ 1. Resolution No. 2002-118 ~ 2. Storm Drain Easement ~ ~ t.) ~ 0 t.) C < ~ ffl w O> -I =?: ~ a: a: 0 <Co ..J ~ ~ ~ ;;!0:5< Ill ~ _. Z a:->a: 0 O O fi: _,I I c( -~(ii~-5 0 Z a: . a: a: ,( 0 0 0 <( ~g~ ~ "'a: -< u 0 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAO, CALIFORNIA APPROVING A STORM DRAIN EASEMENT TO THE CITY OF ENCINITAS AND FOR THE BENEFIT OF THE CITIES OF ENCINITAS AND CARLSBAD WHEREAS, the City of Encinitas has formally req~ested that the City of Carlsbad grant the City of Encinitas a Storm Drain easement that would allow the City of Encinitas to install a storm drain system through a parcel of land owned by the City of Carlsbad; and • WHEREAS, the storm • drain system the City of Encinitas is installing, operating and maintaining at its own risk and expense, will benefit both the Cities of Encinitas and Carlsbad by collecting runoff along High~ay. 101 and Carlsbad Boulevard, and preventing flooding on Carlsbad Boulevard due to overflow from the detention basins at Carlsbad State Beach during larger storm events and; WHEREAS, the C.ity Council of the City of Carlsbad, California has d~termined it n~cessary and in· the public interest to grant .a Storm Drain easement to the City of Encinitas for installation of storm drain improvements along Carlsbad Boulevard near Carlsbad's southern City boundary. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached Storm Drain easement is hereby granted to the City of Encinitas for the purpose described therein. 3. That the City Clerk of the City of Carlsbad is authorized to sign the attached Storm Drain easement on behalf of the City Council. 1 lwi cl ~ ~ <08 ::IO w 81 < ~ ~ < ~ ~ :::! ~ :;o~fl "'>-~ ::;:i z w ~ ~ 0 Z a: . a: a:< C ~o~ <g~ ~ C\I a: --c c3 u 1 2 3 4 5 6 7 8 9 10 11 12 .13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED .AND ADOPTED at a regular meeting of the Car1sbad City Council held on the --=1=8t=h:.--day of _.;...· J;;..;UN=E __ , 2002 by the following vote, to wit: AYES: Council Members Lewis. Kulchin, Finnila, Nygaard~ Hall NOES: None ABSENT: None • . ; Page 2 of 2 of Resolution No. 2002-178 2 -m~ City Clerk 3 .. ◄ •. RECORDING REQUESTED BY WHEN RECORDED r.,AIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 THE ORIGINAL OF THIS DOCUMENT WAS r..'ECORDED 00 JUN ~, 2002 DOCUMENT HUMBER 2002-055070? IM:GORV J. SMITH, COUITTV RECORDER SAH DIEGO COUNTY RECORDER'S OFFICE TIME: 4:21 PM Space Above This Line is for Recorder's Use Assessor's Parcel No: 216-04 STORM DRAIN EASEMENT The City of Carlsbad hereby grants to the City of Encinitas a Storm Drain easement for the purposes stated hereon; over, under, across and upon the real property described in Exhibit "A" for the benefit of the property referred to in Exhibit "C". This easement is granted to the City of Encinitas effective immediately and in perpetuity. The property burdened by the Storm Drain easement is described in Exhibit "A", which includes a plat labeled Exhibit "B", and is attached hereto and incorporated herein by this reference. The property benefited by the Storm Drain easement is described in Exhibit "C", which is attached hereto and incorporated herein by this reference. The Storm Drain easement provides access to the parcel described in Exhibit "A" to the City of Encinitas for installation of a storm drain which will serve the Cities of Carlsbad and Encinitas. The storm drain will run over, under, across and upon the burdened property for the benefit of the property benefited and any successors in interest to the property benefited by this Storm Drain easement. The storm drain will drain areas west of Highway 101 from Athena Street to Carlsbad State Beach, a North County Transit District right of way in Northern Encinitas, Highway 101/Carlsbad Boulevard from Athena Street to Carlsbad State Beach, Vulcan Avenue from Orpheus Avenue to Basil Street, and areas east of Vulcan Avenue. This Storm Drain easement shall run with the land, and the burdens of the easement shall be binding upon and the benefits of the easement shall inure to the benefit of all successors in interest to the real property. The City of Encinitas shall, at its own risk and expense, install, maintain and, if necessary at any time, upon the request of the City of Car!sbad, relocate the above-described storm drain facilities. The City of Encinitas shall, in addition, 16,795 6/18/02 t/4 indemnify and hold the City of Carlsbad free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the storm drain facilities, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of any person. Dated: June 24. 2002 APPROVED AS TO FORM: RONALD R. BALL City 5 Ma'y-2~-02 1l7:2Bam From-T-089 P.002/006 F-994 EXB:IBI'l' "A" LEGAL DESCRIPTION ASSESSOR'S PARCEL NUMBER: 216-04 VESTING: THE CITY OF CARLSBAD THAT PORTION OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BE~INO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: SAID PORTION LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULEVARD (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY I?LANS XI-SD-2-B SHEET 8 OF 29 APPROVED DECEMBER 26, 1933, COMMENCING AT A FOINT ON THE CENTER LINE OF COAST HIGHWAY 101 1 SAID POINT BEING A POINT ON A CURVE OF THE "B" LINE AT ENGINEERING STATION 132+00 PER SAID STATE HIGHWAY PLANS, FROM SAID POINT A RADIAL LINE BEARS SOUTH 6€0 09' 39" WEST (SOUTH 65° 29' 47" REC.); THENCE ALONG SAID RADIAL LINE 50. 00 FEET TO AN ANGLE POINT ON TBE WESTERLY RIGHT-OF-WAY LINE OF COAST HIGHWAY 101 PER SAID HIGHWAY PLANS; THENCE ALONG SAID RIGHT-OF-WAY NORTH 34°41' 56" WEST 679.28 FEET (NORTH 35°21' 48" WEST 679.28 FEET REC.); THENCE NORTH 43° 04'58" WEST 30.47 FEET (NORTH 43°44'50" WEST REC.) BEING THE INTERSECTION OF THE SOUTHERLY CITY LIMITS OF THE CITY OF CARLSBAD AND THE WESTERLY RIGHT-OF-WAY OF CARLSBAD BOULEVARD BEING THE '!'RUE POJRr OF BEG~G; THENCE CONTINUING ALONG SAID RIGHT-OF WAY. NORTH 43° 04' 58" WEST (NORTH 43° 44' 5-0" WEST REC. ) 64 . 30 FEET THENCE LEAVING SAID RIGHT--:OF-WAY NORTH 42°43'08'' EAST 13.66 FEET; THENCE SOUTH 47°16' 52" EAST 66.05 FEET TO A POINT ON THE SOUTHERLY CITY LIMITS OF THE CITY OF CARLSBAD; THENCE SOUTH 48° 41' 50" WEST 18 -47 FEET ALONG SAID CITY LIMITS TO A POINT ON SAID WESTERLY RIGHT-OF-WAY AND THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 1,045 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B 11 • THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME 00R UNDER MY DIRECTION. G2 /4 Bo.sol 3·997 ~ ·o 0 -II • ~ _______ .,.,.,,-- ------,?JJ"<:JJ < --\ () \ ,;,•<§> ,/ -_;;:---'-- / • • .. 1 "---{ -----_,---- < \ ,-c-,'f-'-',r _.~,,_#-7 EXHIBIT r "B" _,.,.,.-... - I.LI -' <( CJ C/l ... ... ..,.,,,,. ... - \ "11 L, ""?' o , /,, / s '\ Y-' • '~ -,,----/ \ L '-~ o' /,, cPi>-,.,..<F_,,-----~ 1 ' 0-; cr'/'~--• __.. <Jr'~ ,,_.#J , \ <" <f' _,,,-• fife , / ""?' ,.,.;, 1/ c,# / L1 sss-oo·a•·w R I · _,,-• /,,/ (S65'29'47" AD. 50.00' r /.:• W RAO. REC ) \ I ,<f' , •~ (.I , • I ,"P ~~ (>-'<) ./ / ,, <,,.. v ,,,~o' I C'.Y ' , ,< ' , ,.<F _/ ,,v'9 ,~'Ji):,#~ \ , ,.,/ p' • ..-Y # / /. ,, •• ,'-¼' ' , <F /o.S, 1-,-;.,-<' ' y' ,<Jl',,-, ,,/' Y.;.~•o ---L-,,.-,-'If' -=//"'-<F-/-------,,$'~ , • / -✓-/' ~ ,.,~>< /' ------- . E>.'?' 7 / 0v ,, • / g,." <:f> / --~---/ c,'?' ,•"'•,.:/ ~ ' ,,, ,,/ 0~,_j[,, ~()/ ~" \ ,::\/!:' ~ ~:Y <or::5 \ _,,,, / ~ / ,,,{"' ---/ '-.... \ , ;.4' \ ' \ ,~ ' \ , A. SEE SHEET 2 \ x· \ \ DIMENSIONS SHOWN HEREON ARE DERIVED FROM RECORD DATA Right-of-Woy Engineering Services, Land Surveying A.P.N.: 4167 AVENIDA DE LA PLATA. SUITE 114, OCEANSIDE. CA. 92056 (760) 732-1366 ACAO FNAME: CITY OF ENCINITAS EASEMENT PLAT 216-04 VESTING: CITY OF CARLSBAD DRAWN: MJG DATE:6/6/02 SHEET: Inc. 1 OF 2 ~ (D-cARlSBAD BL @::-lACOSTA AVE @-EL CAMINO REAL ~ARENAL RO. @-ALGA RD. ~BAllOUITOS OR. JJ\ PROPERTY LOCATION VICINITY MAP. DIMENSIONS SHOWN HEREON ARE DERIVE:O FROM RECORD DATA 4. ~. J ".J• ~..a 0.,-., u(S', u-(;' / EXHIBIT ~ C, --· ·--1"= 20· "B" ( "-""-,. /2·K , , <;>.,.\:4 , ~'),~ ~ ~ A'~ ~ -~ // --~•'q, '1,·-" --~ ~ . . • . ,.<9 • • ,5'-r // .· ,, V • . : : : : : : . ~ h /2~ .· .. ·. :vd! ' .. -: : : :-: :-;. '..>. v.. , .c1>c . . .. J. ;/.. \ ~ / ~"5 ,,_p· DENOTES EASEMENT AREA TRUE POINT OF BEGINNING Right-of-Way Engineering Services. Inc. A.P.N.: Land Surveying 4167 AVENIDA DE LA PLATA, SUITE 114, OCEANSIDE, CA. 92056 (760) 732-1366 ACAD FNAME: CITY OF ENCINITAS EASEMENT PLAT 216-04 (-::\-::::-::-::::-::-::::-::-::::-::-::::-::-::'.:-::-::\-::::-::-::::-::-::::-::-::) VESTING: CITY OF CARLSBAD 1,045 SQUARE FEET DRAWN: MJG DATE: 6/6/02 I SHEET: 2 OF 2 1.ia•y-Zij-02 •07:Z9am From- EXHIS:t'l' 11 A" LEGAL DESCRIPTION ASSESSOR'S PARCEL NUMBER: 216-04 VESTING: THE CITY OF CARLSBAD T-089 P.005/006 F-994 THAT PORTION OF LOT 20, SECTION 33, TOWNSHIP ·12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULEVARD (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY FLANS FOR XI-SD-2-B SHEET 8 OF 29 APPROVED DECEMBER 26, 1933, COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID 2 0. 00 FOOT STRIP OF LAND AND THE CENTERLINE OF CARLSBAD BOULEVARD PER SAID STATE HIGHWAY PLAN, SAID POINT OF INTERSECTION BEING A POINT ON A CURVE OF SA.ID CENTERLINE OF CARLSBAD BOULEVARD AT EGINEERING STATION 147+84.39 TO WHICH POINT A RADIAL LINE BEARS SOUTH 53°27' 01" WEST (52°47' 09" CALC. REC.); THENCE ALONG THE CENTERLINE OF SAID 20.00 FOOT STRIP OF LAND SOUTI-I 35°27' 30" WEST 60.29 FEET TO THE TRUE POiNT OF BEGINNING; THENCE RETRACING ALONG LAST DESCRIBED COURSE NORTH 35°2 7' 30" EAST 118. 8 8 FEET TO A POINT OF TERMINUS. HAVING AN AREA OF 2,378 SQUARE FEET MORE OR LESS. ATTACHED HERETO ANO MADE A PART OE" THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT nB". THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY' ME OR UNDER MY DIRECT!ON. CECILE.RY~L.S. 3997 EXHIBIT HBtt DENOTES EASEMENT AREA (i}-cARLSBAD BL ®=-'-ACOSTA AVt. @-EL CAMINO REAL SCALE 1"=30' r · · · · · · · i : '' ' ... '' .... '. ' .•.· .. • .... • .. ·.,•.·, .• ·,·:-: .. ·: .. • .. •.• . .-.. •:, .• .. •:,. 2,378 SQ. FT. \ \ DIMENSIONS SHOWN HEREON ARE DERIVED FROM RECORD DATA Right-of-Woy Engineering Services, Inc. Land Surveying 4167 AVENIDA DE LA PLATA, SUITE 114, OCEANSIDE. CA. 92056 (760) 732-1366 ACAD FNAME: SD_ESMT.DWG A.P.N.: VESTING: PROPERTY LOCATION POINT OF TERMINUS 53'27'01"W RAD. POINT OF COMMENCEMENT 147+64.39 CITY OF ENCINITAS EASEMENT PLAT 216-04 CITY OF CARLSBAD DRAWN: MJG DATE: 6/6/02 SHEET: 1 OF 1 EXHIBIT "C" The benefited property for the storm drain project is the City of Encinitas, a municipal corporation, and the City of Carlsbad, a municipal corporation.