HomeMy WebLinkAboutPD 2025-0004; The Village Corner LLC; 2026-0033448; Encroachment Agreement2/9/26, 2:14 PM
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE
CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
Batch 20597044 Confirmation
DOC# 2026-0033448
111111111111 lllll 11111111111111111111111111111111111111111111111111111
Feb 06, 2026 08:41 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $38.00 (SB2 Atkins: $0.00)
PAGES:9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO(s).: 203-292-01-00 ------------PERMIT NO.: EAGREE2025-0004
PROJECT PLAN ID: PD 2025-0004 -'------------PROJECT NAME: Village Corner Facade Upgrades
PROJECT ADDRESS: 2998 State Street
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF
CARLSBAD ("City") and The Village Corner, LLC, a California limited liability company ("Owner"),
in accordance with Chapter 11.16 of the Carlsbad Municipal Code, in view of the following facts:
RECITALS
A. Owner is the owner of that certain real property located at Carlsbad Village Drive and State
Street within the City of Carlsbad, San Diego County, California, also known as
Assessor's Parcel Number 203-292-01-00, and more particularly described in Exhibit "A",
attached hereto and incorporated herein by reference ("Property").
B. City currently owns an existing easement over, under, and across Owner's Property for public
street and utility purposes which easement is described in Exhibit "B" attached hereto and
incorporated by reference ("City's Easement").
C. Owner intends to or has constructed improvements, as described in Exhibit "C" attached
hereto and incorporated by reference ("improvements") in, on, over, across, and through the
City's Easement, as depicted in Exhibit "C" attached hereto.
D. City is willing to consent to the location, construction and maintenance of the improvements
based on the terms provided for in this Agreement.
E. Owner agrees that this Agreement is only made to the extent of City's interest in the
Easement. Owner may be required to obtain authority from other entities having other
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https://gs.secure-erds.com/Batch/Confirmation/20597044 5/6
interests in the Property. Owner is responsible for investigating and acquiring appropriate
authorizations from other entities having an interest in the Property.
NOW, THEREFORE, the parties mutually agree as follows:
1. Permission. City hereby consents to Improvements by Owner on the City's Easement. All
rights and obligations acquired by the City with respect to the Easement will remain and
continue in full force and effect and will in no way be affected by City's grant of permission
to construct and maintain the Improvements.
2. Maintenance Obligation. The Improvements will be installed and maintained by the Owner
in a safe and sanitary condition at the sole cost, risk, and responsibility of the Owner and any
successors in interest.
3. Revocation or Removal. The Owner must remove or relocate any part of the Improvement
within ten (10) calendar days, or such other time as specified in the notice after receipt of it
from the City Engineer, or the City Engineer may cause such work to be done.
4. Cost to Remove or Relocate. Owner agrees that if, for any reason (including failure to remove
or relocate said Improvements by Owner pursuant to paragraph 3, above), the
Improvements must be removed, relocated or otherwise altered, including, but not limited
to, maintenance, repair and replacement of facilities and appurtenances on the Property,
Owner will reimburse the City for all costs incurred and any damages suffered by the City. In
the event the Owner fails to pay such costs to the City upon demand, the costs shall
constitute a lien upon the property. Alternatively, the City may bring an action in a court of
competent jurisdiction to recover such cost together with reasonable administrative costs
and attorneys' fees.
5. Damages. City will not be liable for any damages to the Improvements or to any other
property or person that may result from the installation, maintenance or use of Owner's
Improvements or the removal of those Improvements by the Owner or the City. All damages
will remain the sole responsibility of the Owner.
6. Default by Owner. Default of Owner includes, but is not limited to, Owner's failure to timely
comply with the terms of this Agreement, including Owner's failure to remove
Improvements or reimburse the City for any cost incurred by the City. The City reserves to
itself all remedies available to it at law or in equity for Owner's default. The Owner's failure
to perform any obligation under this Agreement constitutes consent to the filing by the City
of a notice of violation against the Property.
7. Public Nuisance. Any work performed in the City's Easement contrary to the Improvements
provided for in this Agreement and Chapter 11.16 of the Carlsbad Municipal Code, may be
declared a public nuisance.
8. Indemnification. The Owner shall agree at all times to defend (with counsel approved by the
City), indemnify and hold harmless the City and its officers, elected and appointed officials,
and from any and all claims, demands, losses, damages, or expenses resulting from the
construction, maintenance, use, repair or removal of the Improvements installed hereunder,
2
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including any loss, damage, or expense arising out of (1) loss or damages to property and (2)
injury to or death of persons.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all other agreements,
oral or written, between the parties with respect to the subject matter. Neither this
Agreement nor any of its provisions may be amended, modified, or discharged except in a
writing signed by both parties.
10. Notices. Any notice which is required or may be given pursuant to this Agreement shall be
sent in writing by United States mail, first class, postage pre-paid, registered or certified with
return receipt requested, or by other comparable commercial means and addressed as
follows:
If to the City:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
If to the Owner:
The Corner Village LLC
2978 State St.
Carlsbad, CA 92008
which addresses may be changed from time to time by providing written notice to the other
party in the manner described above.
11. Waiver. City's consent to or approval of any act or omission by Owner shall not constitute a
waiver of any other default by Owner and shall not be deemed a waiver or render
unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City
of any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of the Agreement.
12. Successors and Assigns. This Agreement and all of the obligation contained herein
constitute covenants running with the land and will be binding and inure to the benefit of
the parties hereto and their respective legal representatives, successors, and assigns. Owner
agrees to incorporate this agreement by reference in any subsequent deeds to the property,
but any failure to do so does not invalidate this provision. This Agreement must be recorded
against the property by the City Clerk at Owner's sole expense.
13. Capacity. Each party represents that the person(s) executing this Agreement on behalf of
such party have the authority to execute this Agreement and by such signature(s) thereby
bind such party.
3
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IN tJo '" WHEREOF, these parties hereto have executed this Agreement on this ~ day
of 'I Y1i?ttJ1. , 20 2h .
THE VILLAGE CORNER, LLC, a California limited
liability c
By:
Phil Mulloy-President
(Print Name and Title)
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By:
Date:
c_~
C. Dalton Sorich
Assistant City Attorney
CITY OF CARLSBAD, a municipal corporation
of the State of lifornia
Engineering Manager
RCE 63912 Exp. 9/30/2026
(Notarial acknowledgement of execution of Owner must be attached.)
4
SEE ATTACHED
FOR OFFICIAL
ACKNOWLEDGMENT
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer compl1eting this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracyf or validity of that document
State of California }
County of San Diego }
on:'.:£owuy~,t>efore me, Lisa Ghazarian, Notar)( Public
personally appeared t / ~ u I Ol. (H=ir,e;enn .. ,,rn.d ,~,,.crtihc,utt►=,'
who proved to me on the basis of satisfacto evidence to be the person(s) whose
name(s} rshare subscribed to the within ins · ment and acknowledged to me that
he/she/they executed the same in hislher/thef:r authorized capacity{les), and that by
his/her/thefr sfgnature(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 Callfornia that
the foregoing paragraph is true and correct
WfTNESS my hand and official seat.
I
. . COMM. #2523237 .: US~'GHAiARIAN ·1
, NOTAltY PUBLIC • ~LIF'ORNIA j \
f/ SAN DIEGO COUNTY _.
. MY COMM., EXPIRES JUL, 13, 2029
'" .. .. .. V'I ....... ........ '"''"'"""""""'
No {Notary Public Seal)
. . INSTRUCTIONS FOR C01·1PLETING TIIIS FOR,\1 AOOITtQNAL Q PTf QNAL . INfQRMA Tl ON 17risjbrm complies 11<illi cr,n-rnf Calf(umia.sl'a/r,1i!s n,;gardi11g Mfi1JJt wc-rdiilg and,
DESCRIPTION OF THE ATTACH ED D0CUMEt·ff /{ rMedr:.d, slrmdd bt, wmplewd cmd ,1/t;;d1t.d ro-tlr;j ef,r,•H,tm.'ril, ,.fd-n,:,wf{!dg/TU.:·nt,
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sigrn:r(s) pe.cwruilly appe:nro bcfom lhe nolm:y pubiic for ac~nowktl~nl.
~ [Y.i1e (,f tiOlilJlziiiloa tJMi be 1foe dme 11:iat 11:ill! sigu~(s) per:;oi1ally ~il:m'.I ;,~ftich
(Tille orresl:1ipfon of af,;;i1;t1w do~urrer~ ron~lled) t@sl ~Js,;, b(; tll>;! s.i.mi; dai~ tlX! a,;:ki><:iwkdgm.,n1 is ,;:omplN~d.
1 • The ncxa:ry public most print his or her n:1rnc: i!.~ ii .!ipp=., witbl11 his o:r her
Number of Pages ~~ Documerit Date_ -mnunisslc,n lollo=.d byac.:,mma :mi tbr:nyour lltle(nlllllI}JJUDlic),
□ Corpor.;ite Officer
{Title)
D P~rtner(s)
D Attorney~in•Fact
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" Print tl;c nil!□*) uf <l,(-..;□ml'!il 6jgn!",f1J} who prn,;una.lly appt.ar al tbi:, tim,;:, nf
notmizallon.
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fofocmation may k.nd to ~j~tion of dorumc□t re.c,.:,rrling.
., Thi'., nolill}' s-::.al im~.1;~iun mu~I ~ dc.ar and photugmphicu:11}' ri:,prtxludbl~.
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" Sis.nature c,f the :n,n1ar)• puhlfo mllii match thce :"jtmture 011 fife with ihc offici: of
the ccrml)' c!crk.
❖ Add!llunul infoJTTlllUu□ ls 11ol n:quirc:d but cooid hdp to· c□sur,:, this
.a(:kaowkugmrnt is 1K4 mis.ustd c.,r auoc:he.J ll1 a difft.'ifc-lit dlx:umrnt.
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., ~\:!lr\ily ;itr,:i,;:Jl ihis ,;l,:x:ur,)\111!. 1.:, tb;,sig~,;I ().)~1~rit wiih .i ~p~.
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 February 5, 2026 before me, HELEN GALLAGHER, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_a_s_o_n_S_._G_e_l_d_ert ____________________ _
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 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)
EXHIBIT "A"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS 1, 2, 3 AND 4 IN BLOCK 34 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888.
APN: 203-292-01 & 02
Exhibit "B"
Legal Description of Easement
Carlsbad Village Drive (formerly known as Elm Avenue) and State Street (formerly known as
First Street), dedicated to the public on Official Map thereof No. 775 for the Town of Carlsbad,
filed in the Office of the San Diego County Recorder on February 15, 1894.
CUR
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EXHIBIT 11C11
PD2025-0004
EAGREE2025-0004
ISTING PUBLIC ST. PER MAP
1722, 1710 & 775 (365, 535)
CARLSBAD VILLAGE DRIVE
~
AREA OF
SEE SHEET2
ENCROACHMENT
+-------+--77.4~' -------t'-----i>---38.3·~· ----+--+-19.4'
1.5'
SIDEWALK '<t-
12'
AREA OF
ENCROACHMENT
4--~"rh'.777,-"7,,~'Tfl~~ ?'1'rn"nzrJ"r,r'1;ff77777.'d77l7PROPERTY LINE"+.1"4"'0".01177777.rm'777~1----:af-----t b
UNIT 1
550 CVD
UNIT2
540CVD
UNIT3
530CVD
UNITS
510CVD
UNIT6
2998STATE
UNIT7
2992 STATE
UNIT8
2990 STATE
UNIT9
2988 STATE
UNIT 10
2984 STATE
UNIT11
2980 STATE
UNIT 12
2978 STATE
-~ ___ P_R_O_PERTY_LI_N_E_1_4_o_""'o·--=~~=-----4-.0f'I' r-+-:J-tt----t
~ w D 1ii URB
-----,qQ'·-----+
AREA OF
ENCROACHMENT
--£XJSTING
PUBLIC ST.
PER MAP
1722, 1710& ns (365, 535)
AREA OF
ENCROACHMENT
LEGEND R.O.W. STATE STREET R.O.W.
(f
Fl.
ENCROACHMENT: 17 I I I I I I I ;a
(CANOPY OVERHANG
ABOVE ENTRY /EXIT DOOR)
PROJECT NAME: VILLAGE CORNER T.I.
2978/2978 STATE STREET
APN # 203-292-01-00
APN #203-292-02-00