HomeMy WebLinkAboutPD 2025-0018; FENTON SEAGATE LLC; 2026-0206159; Encroachment Agreement7/20/26, 7:50 AM
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 21501255 Confirmation
DOC# 2026-0206159
111111111111 lllll 1111111111111111111111111 lllll lllll 111111111111111111
Jui 17, 2026 03:53 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $41.00 (S82 Atkins: $0.00)
PAGES: 10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO(s).: 211-071-06-00; 211-071-07-00
PERMIT NO.: EAGREE2025-0027
PROJECT PLAN ID: PD 2025-0018 ------------PROJECT NAME: SEAGATE EV CHARGING STATIONS
PROJECT ADDRESS: 900 SHORE CREST RD
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") Is entered Into between the CITY OF
CARLSBAD ("City") and FENTON SEAGATE 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 900 Shore Crest RD. within the
City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Numbers 211-
071-06-00 and 211-071-07-00 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 11811 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 wllllng to consent to the locatlon, 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 entitles having other
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https ://gs.secure-erds.com/Batch/Confirmation/21501255 7/8
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,
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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:
Fenton Seagate LLC
7577 Mission Valley Rd.
San Diego, CA 92108
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.
[signatures on next page]
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IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this f {Qih day
of Ju\~ I 20~,
FENTON SEAGATE LLC., a California limited
liability company
By: H.G. FENTON PROPERTY COMPANY, a
California corporation
Its Manager
By:
Michael P. Neal -President & CEO
(Print Name Here)
By e
(Sign Here)
CITY OF CARLSBAD, a municipal corporation
of the State of California
Eng· eering Manager
RCE 63912 Exp. 9/30/2026
Alex Winborn -VP, Residential Asset Management & Operations
(Print Name Here)
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By:
C. Dalton Sorich
Assistant City Attorney
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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 June 24, 2026 before me Krista Bossi, Notary Public '-------------------(insert name and title of the officer)
personally appeared Michael P. Neal and Alex Winborn
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)
•.•..... J
KRISTA BOSSI
Notary Public • Callfornli
San Diego County I
Commission II 2◄7678◄ -
y Comm. Expires Dec 19, 2027
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 July 16, 2026 before me, HELEN GALLAGHER, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_a_so_n_S_. _G_e_ld_e_rt ___________________ _
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.
Signature~ tw{ (Seal)
EXHIBIT "A II
PLAN ID: PD2025-0018
EAGREE2025-0027
LEGAL DESCRIPTION
LOTS 5, 6, AND 18. CARLSBAD TRACT NO. 82-24 (SEAGATE VILLAGE), CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11365, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 25, 1985.
APN: 211-071-07-00; 211-071-06-00
EXHIBIT "B"
PLAN ID: PD2025-0018
EAGREE2025-0027
LEGAL DESCRIPTION FOR PUBLIC UTILITY AND ACCESS EASEMENT
PUBLIC UTILITY AND ACCESS EASEMENT OVER LOT 18 AND A PORTION OF LOTS 5 AND 6,
GRANTED ON MAP 11365, RECORDED OCTOBER 25, 1985.
EXHIBIT "C"
PLAN ID: PD2025-0018
EAGREE2025-0027
DESCRIPTION OF ENCROACHMENT
PROPOSED 2' WIDE AND 2' DEEP TRENCH CROSSING PUBLIC UTILITY & GENERAL ACCESS EASEMENT
OED/CA TED 5' WIDE STRIP. UNDERGROUND CONDUIT TO SERVE PROPOSED EV CHARGING STATIONS
TO BE LOCATED IN TRENCH.
LEGAL DESCRIPTION:
LOTS 5, 6, AND 18. CARLSBAD TRACT NO. 82-24 (SEAGATE VILLAGE}, OF CARLSBAD COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11365, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 25, 1985.
APN: 211-071-07-00; 211-071-06-00
LEGEND
0
I
□
Project Site
Trench to cross over Public Easement. Tren
to be 24" deep, house conduit carrying
electrical conductors for EV Charging
Stations.
New 400A Meter Pedestal
Project Site
CITY OF OCEANSIDE
VICINITY
APPLICANT ENCROACHMENT -CITY OF CARLSBAD
PREPARED BY: PROJECT NAME:
Matrix Energy Services Matrix Energy Services
NAME DATE Sea Gate 3, 900 Shore Crest
R.C.E EXP.
MAP
DATE: 11-12-25
SHEET 1 OF 2 SHEETS
A.P.N. 211-071-06-00
211-071-07-00
...l
LOT 8
so
Bearing comment:
EXHIBIT "C"
PLAN ID: PD2025-0018
EAGREE2025-0027
L3
LOT 14
Scale: 1" = 80'
40 80
Latitude = 33.116589
Longitude= -117.312247
Fredrick Cohenour, Matrix Energy Services, CA LIC C-10 #897079, Exp: 5-31-2027
APPLICANT ENCROACHMENT -CITY OF CARLSBAD
PREPARED BY: PROJECT NAME:
Matrix Energy Services Matrix Energy Services
NAME DATE Sea Gate 3, 900 Shore Crest
R.C.E EXP.
DATE: 11-12-25
SHEET 2 OF 2 SHEETS
A.P.N. 211-071-06-00
211-071-07-00