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HomeMy WebLinkAboutPD 2026-0011; B10 Mountain B SD LP; 2026-0170427; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2026-0170427 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Jun 12, 2026 03:19 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $41.00 (SB2 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s).: _2_1_3_-1_91_-_14_-_oo _____ _ PERMIT NO.: EAGREE2026-0008 PERMIT NO.: CBC2025-0380 PROJECT PLAN ID: PD2026-0011 -----------PROJECT NAME: Bressi Commercial Encroachment Agreement ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 ("District") and 810 Mountain 8 SD LP, a Delaware limited partnership ("Owner"), having an address 345 Park Avenue, New York, NY 10154, 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 Lot 6 of Map 15689 within the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 213-191-14-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). B. District currently owns an existing easement over, under, and across Owner's Property for public street and utility purposes described in Exhibit "B" attached hereto and incorporated by reference("District's Easement"). C. Owner intends to construct private electrical improvements, as described in Exhibit "C" attached hereto and incorporated by reference ("Improvements") in, on, over, across, and through the District's general utility and access easement, as depicted in Exhibit "C" attached hereto. D. District 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 District's interest in the Easement. Owner may be required to obtain authority from other entities having other 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. District hereby consents to Improvements by Owner on the District's Easement. All rights and obligations acquired by the District with respect to the Easement will remain and continue in full force and effect and will in no way be affected by Distict'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 thirty (30) calendar days, or such other time as specified in the notice after receipt of it from the District Engineer, or the District 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 District for all costs incurred and any damages suffered by the District. In the event the Owner fails to pay such costs to the District upon demand, the costs shall constitute a lien upon the property. Alternatively, the District may bring an action in a court of competent jurisdiction to recover such cost together with reasonable administrative costs and attorneys' fees. 5. Damages. District 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 District. 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 District for any cost incurred by the District. The District 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 District of a notice of violation against the Property. 7. Public Nuisance. Any work performed in the District'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 District), indemnify and hold harmless the Carlsbad Municipal Water District 2 and the City of Carlsbad, 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, 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 District: Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad CA 92008 If to the Owner: Paul Gordon, Senior Vice President Head of Property Operations B10 Mountain BSD LP 11250 El Camino Real, Suite 200 San Diego, CA 92130 which addresses may be changed from time to time by providing written notice to the other party in the manner described above. 11. Waiver. District'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 District's consent for approval to any subsequent act by Owner. Any waiver by District 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. [Signatures on following page] 3 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 30~ day of Aµ r \ l , 20~. OWNER: B10 Mountain BSD LP, a Delaware limited partnership (Sign Here) Paul Gordon, Senior Vice President, Head of Property Operations APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: TIM LYONS Assistant City Attorney 4 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ B. GOMEZ, Deputy City Manager Public Works Branch CAROLYN V. PAUL NOTARY PUBLIC, STATE OF NEW YORK NO. 01PA6355491 QUALIFIED IN NEW YORK COUNTY MY COMMISSION EXPIRES MARCH 06, 2029 Acknowledgement Form State of I/ euJ YO Y k.. ) )ss.: County of WRJJJYD({L) On the 3 0 day of A-p(: I in the year J..o'}.' before me, the undersigned notary f) /') s p 1-ka.d ~ P~At Oper-a:!,'Onf public, personally appeared ra» I L')O( cloY\ -V ' personally known tb me or proved to me on the basis of satisfactory evidence to be the individual(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 capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~~ V /?ad! Notary Public CAROLYN V. PAUL NOTARY PUBLIC, STATE OF NEW YORK NO. 01 PA6355491 QUALIFIED IN NEW YORK COUNTY MY COMMISSION EXPIRES MARCH 06, 2029 CALIFORNIA 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. 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. ············~ • 0• '+ AMBER DAM ' • 4 • --~ • ~ Not.lry Public • Cilifornia : _-~ San Di~o County s: Commission ii 2466836 - y Comm, Expir!5 Oct 17, 2027 Place Notary Seal and/or Stamp Above 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. Signature ~ Signature of Notary Public 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: _______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: __________ _ Signer is Representing: __________ _ 00:000:0:mooooooooooo:o:o:o:1 1:e:o:o:o:o:o:o:o:o:o:o:o:o:o:o:o:rno:o:ooooo:o:o:o:o:o:0:0:o:o:ooo:aoo@:!l:o 1J:1:m 100:0000:0:0:o:o:ooo:o ©2018 National Notary Association 2026.05.08 EXHIBIT "A" PROJECT ID: PD2026-0011 EAG RE E2026-0008 PROPERTY LOT 6 OF CARLSBAD TRACT CT 06-24, ALSO KNOWN AS BRESSI RANCH COMMERCIAL, AS SHOWN ON MAP 15689 RECORDED MAY 9, 2008 FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAN DIEGO COUNTY. CONTAINING: 1.32 ACRES, MORE OR LESS. 04/01/2026 DENNIS M. DODSON, PLS 7234 DATE 2026.05.08 EXHIBIT "B" PROJECT ID: PD2026-0011 EAGREE2026-0008 EASEMENT A GENERAL UTILITY AND ACCESS EASEMENT OVER THAT PORTION OF LOT 6 OF CARLSBAD TRACT CT 06- 24, ALSO KNOWN AS BRESSI RANCH COMMERCIAL, AS SHOWN ON MAP 15689 RECORDED MAY 9, 2008 FILED IN THE OFFICE OF THE COUNTY RECORDER IN SAN DIEGO COUNTY. CONTAINING: 0.28 ACRES, MORE OR LESS. 04/01/2026 DENNIS M. DODSON, PLS 7234 DATE 2026.05.08 EXHIBIT "C" PLAN ID:PD2026-0011 EAGREE2026-0008 DESCRIPTION OF ENCROACHMENT TEMPORARY ENCROACHMENT: 1 FOOT WIDE TRENCHING ACTIVITY TO BURY NEW ELECTRICAL CONDUIT FOR TRASH COMPACTOR PERMANENT ENCROACHMENT: NEW ELECTRICAL CONDUIT FOR TRASH COMPACTOR, MARKING TAPE APPROPRIATE FOR THE CONDUIT WILL BE INSTALLED ABOVE THE CONDUIT WHILE WITHIN THE GENERAL EASEMENT LEGEND PROPOSED TRENCHING PROPERTY LINE EASEMENT LINE CITY OF OCEANSIDE WATER FIRE SERVICE WATER SEWER APPLICANT --w·---- -FW----FW-----FW--- --ss,---- PACIFIC OCEAN VICINITY ENCROACHMENT -CITY OF CARLSBAD PREPARED BY: fjj;___a;{vL__ 04/27/' 2 DENNIS M. DODSON DA TE PLS 7234 EXP. 12/31/2026 PROJECT NAME: BRESSI RANCH VILLAGE CENTER TRASH COMPACTOR ADDITION MAP DATE: 04 27 2026 SHEET 1 OF 2 SHEETS A.P.N. 213-191-14 2026.05.08 \ z <.,J ~ • I CXl 0 (0 '!.' 0)0 . 0) :: :E .,. L EXHIBIT "C" PLAN ID:PD2026-0011 EAGREE2026-0008 ,. / Line Table Line# Length Direction L1 12.01 N84° 30' 56"E ~ L2 10.79 S86° 52' 54"W L3 1.92 N03" 07' 06"W L4 10.00 S86° 52' 54"W L5 1.92 N03" 07' 06"W 0 0 r, 20 I I L6 31.32 S86° 52' 54"W SCALE: 1 " = 20' L7 43.39 N82" 27' 37"W LB 21.97 N03" 21' 12"W EXIST ING COMMERC IAL BUILDING L9 1.00 S86° 52' 54"W LOT 6 L 11 38.90 N82" 27' 37"W MAP 15689 L12 5.41 N86° 52' 54"E --APN 213 191 14 I I 1],82' n L 12 EXISTING PARKING LOT L5 L6 ---------_ c:::::::::::::=:::::::::~~LJd11~=::--, L7 ~ ----~----r sq~----- APPROXIMATE ------l\ .1.-----:rt'--ss NERAL LOCATION OF "-....! APPROXIMATE EXISTING GE ~ . rCXl C:o FIRE SERVICE LOCATION OF UTILITY AND ACCE~~ j LINE PER DWG SEWER LINE PER EASEMENTw PER MAP _1--1-1---w---- l 452-9.1---~--:w-0WG 452 9 15689 I APPLICANT I I I I I I 1--------t--i~ -----~--------9 --□ I APPROXIMATE L I LOCATION OF --WATER LINE PER DWG 452-9 ------ ENCROACHMENT -CITY OF CARLSBAD DATE: 04 27 2026 PREPARED BY: PROJECT NAME: SHEET 2 OF 2 SHEETS v;__a;fv.L-._04/?l/'?6 ~~;~~/ ~zg~~~L:~~~~~r:R A.P.N. 213-191 -1 4 DENNIS M. DODSON DA TE PLS 7234 EXP. 12 31 /2026