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Home My WebLink About; CEI Office Fund 8 LLC; 2026-0176840; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CAl~LSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2026-0176840 111111111111 lllll 111111111111111111111111111111111111111111111 IIII IIII Jun 22, 2026 08:34 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s).: 212-062-18-00 / 212-062-17- 00 PERMIT NO.: FPC2025-0017 PERMIT NO.: _________ _ RELATED PERMIT NO.: -----------PROJECT PLAN ID: -----------PROJECT NAME: Carlsbad One Research Center PROJECT ADDRESS: 2382 Faraday Avenue 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 CEI Office Fund 8, 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 2382 Faraday Avenue, in the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 212-062-18-00, 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 which easement is described in Exhibit "B" attached hereto and incorporated by reference ("District's Easement"). C. Owner intends to or has constructed private water improvements, as described in Exhibit "C" attached hereto and incorporated by reference ("Improvements") in, on, over, across, and through the District's Easement [Doc. No. 86-092689, 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 prior to the Effective Date (defined below) will remain and continue in full force and effect and will in no way be affected by District's grant of permission to construct and maintain the Improvements except as otherwise set forth herein. 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. Relocation or Removal. The Owner must remove or relocate any part of the Improvement which is above-ground within one hundred fifty (150) calendar days, or such other time as specified in the notice (provided such other time shall not be less than one hundred fifty (150) days) after receipt of it from the District Engineer, or the District Engineer may cause such work to be done. 4. Damage to District's Facilities. Owner agrees that if, for any reason the Improvements must be repaired, maintained or relocated, thereby causing damage to any facilities installed by the District on the Property, Owner will reimburse the District for all reasonable costs incurred and any damages suffered by the District. In the event the Owner fails to pay such costs to the District within thirty (30) days after written 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 reasonable costs together with reasonable administrative costs and reasonable 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 to the Improvements will remain the sole responsibility of the Owner, except to the extent of the District's negligence or willful misconduct. 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. 2 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 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, except to the extent of the District's negligence or willful misconduct. 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: Calvin Coseo, President CEI Office Fund 8, LLC C/O Covey Commercial 5800 Armada Dr., Suite 200 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. 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. 3 [Signatures on following page] 4 this IN ~ITNESS WHEREOF, these parties hereto have executed this Agreement on S "' day of ~ \,L"'--C... , 20.2 fc:, (the "Effective Date"). OWNER: CEI Office Fund 8, LLC, a California limited liability company (Sign Here) Calvin Coseo, President (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: ~~ TIM LYONS Assistant City Attorney 5 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 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 ____ S_a_n_D_i_e_go ____ ~) On June 5, 2026 before me, Shelby Nelson, Notary Public (insert name and title of the officer) personally appeared _P_a_z_B_. _G_o_m_e_z _____________________ _ 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. ~-----·······f . SHELIY -~E~SON -' ~ot•ry ttcittlc • C•llfornla • i l S•n 1)1 .. 0 County ~ Commlsslen • 2529064 - My :ae-rn. Exttir"' Ast 31, 2029 Signatur (Seal) CALIFORNIA ACKNOWLEDGMENT ~Jl{Mft- CIVIL CODE§ 1189 A notmy 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 trull1fulness, accuracy, or validity of that document. State of California t), } Cou11ty of_@ n .. I Cj~t> ___ _ On_ V\~e>,ZfJ2.lt1 before me,_ fstAtldu Ord.vV\,tZ-·-- Date D , I /i ,,, He~ert Name and Title of the Officer personully appeared -· l-l I vr'/\ \JOI, V U'/ ~ l-0 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to lhc within i11st1urne11t ,rnd acknowledged to me that he/she/they executed the same In hls/her/thel1 authorized capaclty(ies), c111d !hut by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the p0rson(s) acted, executed the Instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of Callfornlfl that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature ·-1?~10~,y Signature of Notary Public OPTIONAL Completing this informC1tion can c/eter o/temtion of the c/ocument or fmudulent reC1tlC1chment of this form to C/11 unintended c/ocument. Description of Attached Document Title or Type of Document: __________________________ _ Document Date: ____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: --------·--------------- Capacity(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corpornte Officer -Tltle(s): ·-··-------o Corporate Officer -Title(s): ______ _ □ Partner -o Limited o General □ Partner -□ Limited □ General o lnc!lvidual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator o Other: □ Other: Signer Is Representlnq: _________ _ Signer Is Representing: _________ _ ~l)Q{flOO~J S § I □800~ 3 B -~ '{!2019 Natiunal Notary Association 6 EXH IBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY A.P.N. 212-062-18-00 / 212-062-17-00 FPC2025-0017 PARCELS 1 AND 2 OF PARCEL MAP 16317, FILED IN THE OFFICE OF THE COUNTY RECORDER, DECEMBER 6, 1990, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NUMBER 90-652174. EXHI BIT "8 " LEGAL DESCRIPTION OF EASEMENT A.P .N. 212-062-18-00 / 212-062-17-00 Document No. 86-092689 FPC2025-0017 ALL THAT PORTION OF PARCEL "B" PER MAP NO. 13114 FILED IN THE OFFICE OF THE COUTY RECORDERS ON JANUARY 3, 1984, BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE FULLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 15.00 FEET IN WIDTH WITH THE SIDELINES LYING 5.00 FEET AND 10.00 FEET ON EACH SIDE AND PARALLEL WITH THE FOLLOWING DESCRIBED BASE LINE. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL "B'', THENCE ALONG THE WEST LINE OF SAID PARCEL "B" NORTH 23°27'04" WEST 410 FEET TO THE TRUE POINT OF BEGINNING. THENCE LEAVING SAID WEST LINE ALONG SAID BASE LINE (SAID SIDELINES LYING 5.00 FEET NORTHWESTERLY AND 10.00 FEET SOUTHEASTERLY) NORTH 66°32'56" EAST 39.0 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A" THENCE CONTINUING ALONG SAID BASE LINE NORTH 66°32'56" EAST 39.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B" THENCE CONTINUING ALONG SAID BASE LINE NORTH 66°32'56" EAST 170.53 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C" THENCE CONTINUING ALONG SAID BASE LINE NORTH 66°32'56" EAST 30.64 FEET TO AN ANGLE POINT: THENCE CONTINUING ALONG SAID BASE LINE (SAID SIDELINES LYING 5.00 FEET EASTERLY AND 10.00 FEET WESTERLY) NORTH 0°03'12" EAST 56.31 FEET; THENCE CONTINUING ALONG SAID BASE LINE ( SAID SIDELINES LYING 5.00 FEET NORTHERLY AND 10.00 FEET SOUTHERLY) SOUTH 89°56'48" EAST 20.50 FEET TO A POINT OF TERMINATION. ALSO, BEGINNING AT POINT "B" AS DESCRIBED ABOVE, THENCE ALONG SAID BASE LINE (SAID SIDELINES LYING 10.00 FEET SOUTHWESTERLY AND 5.00 FEET NORTH-EASTERLY) SOUTH 23°27'04" EAST 54.15 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "D", THENCE CONTINUING ALONG SAID BASE LINE SOUTH 23°27'04" EAST 88.25 FEET TO A POINT OF TERMINATION. ALSO, BEGINNING AT POINT "C" AS DESCRIBED ABOVE, THENCE ALONG SAID BASE LINE (SAID SIDELINES LYING 7.50 FEET EACH SIDE AND PARALLEL WITH SAID LINE) SOUTH 23°27'04" EAST 19.67 FEET TO A POINT OF TERMINATION. ALSO, BEGINNING AT POINT "D" AS DESCRIBED ABOVE, THENCE ALONG SAID BASE LINE (SAID SIDELINES LYING 5.00 FEET SOUTHERLY AND 10.00 FEET NORTHERLY) NORTH 81 °40'06" EAST 48.52 FEET TO A POINT OF TERMINATION. THE SIDELINES SHALL BE SHORTENED OR EXTENDED TO MEET AT ANGLE POINTS AND BEGIN AT THE WEST LINE OF SAID PARCEL "B". A STRIP OF LAND FOR ACCESS PURPOSES , 15.00 FEET IN WIDTH WITH SIDELINES LYING 5.00 FEET NORTHEASTERLY AND 10.00 FEET SOUTHWESTERLY AND PARALLEL WITH THE FOLLOWING DESCRIBED BASE LINE: BEGINNING AT SAID POINT "A" THENCE SOUTH 23°27'04" EA INTERSECTING WITH THE NORTHERLY RIGHT-OF-WAY OFF ADIUS OF 642.00FEET. EXHIBIT "C" APN : 212-062-17-00 I 212-062-18-00 FPC2025-0017 VICINITY MAP DESCRIPTION OF ENCROACHMENT PRIVATE FIRE SERVICE PIPING ENCROACHMENT. NORTH 50 I SCALE 1"=100'-0" 100 I i LEGEND -------EXTENTS OF WATER DEPT. EASEMENT ---BASE LINE OF EXIST. EASEMENT ----------· UNDERGROUND WATER DEPT. PIPING --PRIVATE FIRE SERVICE PIPING APPLICANT ENCROACHMENT -CMWD PREPARED BY: PROJECT NAME: Calvin Coseo, President _________ 2382 FARADAY CEI Office Fund 8, LLC NAME DA TE R.C.E' EXP. DATE: 12/18/2025 SHEET 1 OF 1 SHEETS A.P.N. 212-062-17-00 212-062-18-00