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Home My WebLink AboutPDP 00-02(B)/PR 13-23; Rohrlick, Mark; 2024-0337721; Notice of RestrictionRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 ) ) ) ) ) ) ) THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 DOC# 2024-0337721 111111111111 lllll 1111111111111111111111111 IIIII IIIII IIIII IIIII IIII IIII Dec 06, 2024 08:55 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 Number Project ID 206-070-17-00 PDP 00-02(B)/PR 13-23 Carlsbad Desalination Plant Project Name 'Hubbs Site Parcel' NOTICE OF RESTRICTION ON REAL PROPERTY This Deed Restriction affects real property located in the City of Carlsbad, County of San Diego, State of California, as described in EXHIBIT Kand as depicted in EXHIBIT K-1, attached hereto and made a part hereof (the "Hubbs Site Parcel" or "Property"). EXHIBIT K-1 is attached for clarity only. RECITALS WHEREAS, Cabrillo Power I LLC, a Delaware limited liability company ("Owner") is the legal owner of the Property; and the City of Carlsbad ("City") is a municipal corporation of the State of California; and WHEREAS, the City authorized the development and operation of a seawater desalination plant ("Water Plant" or "Project"), which Project and Precise Development Plan PDP 00-02 ("PDP") was approved by the City Planning Commission ("Commission") on August 19, 2009 with the adoption of Commission Resolution No. 6632 ("Resolution"), and approved by the City on September 15, 2009 with the adoption of Ordinance No. CS-058; and 1 WHEREAS, Section 23 of the Resolution requires the Owner to make ce1iain in-evocable offers of dedication to the City and/or other appropriate entities, in some cases for easements and in some cases for fee title, for various public streets and lands required by the PDP free and clear of all liens and encumbrances and without cost; and, among the required offers of dedication, the Resolution provides, at Section 23(a)(i), as follows: Hubbs Site Parcel: A deed restriction shall be recorded on the prope1iy known as the Hubbs Site Parcel. The Hubbs Site Parcel is the vacant, approximately two-acre eastemportion of the property identified by Assessor's Parcel Number (APN) 206- 07-017 and cunently occupied by the Hubbs-Sea World Research facility. The deed restriction shall limit allowable land uses on the Hubbs Site Parcel to those that are directly related to fish hatche1y, fish ecology research, aquaculture uses, and trails to the satisfaction of the Planning Director. WHEREAS, the Property is located within the coastal zone as defined in § 30103 of Division 20 of the California Public Resources Code, also known as the "California Coastal Act of 1976" ("Coastal Act"), and subject to Coastal Development Permit No. E-06-013 ("CDP") granted by the Coastal Commission on May 8, 2008; and and WHEREAS, Special Condition 11 of the CDP provides in pertinent part as follows: Public Access Enhancements. PRIOR TO COMMENCEMENT OF OPERATIONS, [Owner] shall cause to be dedicated, in accordance with the City of Carlsbad's Precise Development Plan PDP 00-02, the below-described parcels ofland. The dedication shall be in the form of easements, title transfers, and/or deed restrictions, whose purpose is to further Coastal Act goals of maximizing public access and recreational opportunities along the coast in the South Carlsbad Coastal Resource Redevelopment Area and maintaining, restoring and enhancing marine resources. The four sites [include]: • Hubbs Site: approximately 2 acres of land along the north shore of Agua Hedionda Lagoon to be used for a fish hatchery, aquatic research, and public access, which shall be deed restricted to uses such as fish hatchery, aquatic research and trails; WHEREAS, on January 14, 2014, the City, the Carlsbad Municipal Water District, Owner, the Carlsbad Energy Center LLC and San Diego Gas & Electric Company entered into a Settlement 2 Agreement ("Settlement Agreement") resolving their various differences, and providing for orderly development, including timing of the PDP land transfers. In that regard, the Settlement Agreement provides, at Section 2.4(b ), as follows: and PDP Land Transfers. Within 90 days of the Effective Date [Januaiy 14, 2014], NRG [Owner] agrees to grant IlTevocable Offers of Dedications ("I ODs") for the Hubbs Site Parcel, Bluff Area Parcel, South Power Plant Parcel, and Fishing Beach Parcel, as described in Planning Commission Resolution 6632, subject to reasonable restrictions and reservations necessary to ensure public safety and the continuity of power plant operations; WHEREAS, this Deed Restriction affecting the Hubbs Site Parcel is provided pursuant to and in full satisfaction ofrelevant terms of the PDP, Condition No. 23 of Resolution No. 6632 and Special Condition 11 of the CDP (collectively, the "Project Approvals"), which are incorporated herein in full by reference. Copies of the PDP, Resolution No. 6632 and the CDP are on file and available for inspection at the City's Planning Division. DEED RESTRICTION NOW, THEREFORE, in consideration of the benefits conferred by the issuance of permits and authorizations in connection with the development of the Project, the Owner, for itself and for its heirs, assigns, and successors in interest, and pursuant to the recitals set forth above which are incorporated herein, i1Tevocably covenants that the terms and conditions set forth herein shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DESCRIPTION. This Deed Restriction affects that portion of the Property known as the vacant eastern portion of the Hubbs Site Parcel, as more particularly described and depicted in Exhibits K and K-1, attached hereto and incorporated herein by reference. 3 2. PURPOSE. This Deed Restriction is imposed pursuant to the Project Approvals. In accordance with Resolution No. 6632 and the CDP, the allowable land uses of the Property shall be restricted to those which are directly related to fish hatchery, fish ecology research, aquaculture uses, maintenance, activities related to the restoration and enhancement of marine resources, and trails. The obligations and restrictions imposed are binding on all present or future interest holders or estate holders of the Property. 3. RESERVATIONS. Grantor reserves to itself, its heirs, assigns and successors-in- interest non-exclusive easements and rights of way appurtenant, upon, through, under, over and across the Property for the purposes of installing, operating and maintaining any and all existing underground facilities and ancillary facilities necessaiy or convenient to ensure continuity of power plant operations. 4. EFFECTIVE DATE. This Deed Restriction shall be recorded by the City and shall take effect on the date of its recordation. 5. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of Article XIII, section 8, of the California Constitution and section 402.1 of the California Revenue & Taxation Code or successor statute; and shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue & Taxation Code or successor statute, which survives a sale of tax-deeded property. 6. SEVERABILITY. If any provision of this Deed Restriction is held to be invalid, or for any reason becomes unenforceable, no other provision hereof shall be affected or impaired. [Remainder of Page Intentionally Left Blank] 4 OWNER: CABRILLO POWER I LLC Assistant Secretary Vice P ·esident APPROVED AS TO FORM: CITY OF CARLSBAD ERIC LARDY City Planner CINDIE K. MCMAHON, City Attorney By: ~~-Hl~ City Attorney Date: /JoV: ;I~ ;Lo 2-'-/ (Proper notarial acknowledgment of execution by the parties nutst be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). 1-\t_tached 5 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 Califeriltcr tJ:u 1evHy County of Jv1 Pvcev ) ) On tJo v t f" ,;I IJ ,J, 4 , before me, -:::rvditfz ~ "',.PK-l~ a Notary Public, personally app,eared Ix, 1 , a h <'.., I-v · ' , who proved to me on the basis of satisfactory evidence to be the person(s) whose ame(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 PENALTY 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 JUDITH TOMPKINS COMMISSION# 50028713 NOTARY PUBLIC-STATE OF NEW JERSEY MY COMMISSION EXPIR.J; S DECEMBER 15, 2025' CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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 Ventura } On /I-~/ -'Je/1 l/ , before me, Kuldeep Kaur Mander, Notary Public, personally appeared ,A1[a,nl< [)aulci fr£1.;nUCt 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 THE PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ~•eeeeeeeeee,-e,I KULDEEP KAUR MANDER ~ Notary Public • California : ~ v~ntura County ,. "' Commission I 2442201 ~ WITNESS my hand and official seal. My Comm. Exp!r~ Mar 25, 2027 PLACE NOTARY SEAL ABOVE Though the information below is not required by law, it may prove valuable to persons relying on the document. and could prevent fraudulent removal and reattachment of this form to another document. Description of attached document (OPTIONAL) Title or type of document: _______________________ _ Document Date:. _______________ ---'Number of Pages: ______ _ Signer(s) Other than Named Above:. ___________________ _ PR 13,..23 EXHIBIT 1K' ~EGAL DESCRIPTION FOR T HE HUBBS SITiE: PARCEL. THP1T PORTI ON Q,f' PP,RCEL 2 PER CER'PI FICA'I·E OF COMP LIANCE RECORDED OC'f'OBE:R 30, 2001 AS DOC'.IJMENT NO. 2001-07 89066, AN D AS SHO'i'.;rt·~ ON RECORD OF SlJRVEY NO . 173501 IM THE CITY OF' CARLSBAD, COONTY OF Sl:\.N DIEGO, S1'l\1'E Of CALIFORN MORE: Pl\.RTICULARLY DESCR IBE;[) AS F'OLLm1rn : BEGINNING ,ti:r THE: MOST NORTHE.RL Y CORNER OF SAIi) PARCEL 2, l\.LSO BE:!NG l'i, POINT 0. THE WESTERLY RI GHT-OF-WAY LINE Of' THE NORTH COUNTY TRANSIT DI STRICT (ATCHISON TOPEKJ\ AND S.i\NTA l;'E..) F.JHLROAJ); THENCE .11,,LONG SP.ID NESTERLY R1GHT-OF-WJtY L INE, SOUTH 281:)40 ' 19" E}\S'f, 6 :i 6 . 7 0 fE:ET T() T rlE SOUTHEAST CORN ER OF SAID PARCEL 2; 'i'HE.N'CE LEJ\VI.NG SAI D WES TERLY RIGHT-OF-W.A.'t LINE AN D liLONG THE SOUTHERL Y LINE OF SA ID l?AHCEL 2 , NORTH 76"09',19" WEST., 3:8 6.67 FEET; THENCE LEAVI NG SA!D SOU THERLY NORTH 18°4 0' 4 4"' EAS'I' r 276, 78 FEET ; T.H E;NCE NORTH 27°43't.l:2" WEST , 223.97 FEET TO A POHJ''i' ON '!'HE NOR.'l'HWESTERL,Y. L I NE OE' SAID . PARCEL 2; THENC~ ALO~lG SAI D NOR'I'l-lltmSTERLY LTNE, NORTH 72°58' 27" EP1ST , 79 . 41 FEET TO THE POD-tT OF BEGINNING. SAID l?ARCEL OF UiND CON TAINS 2 . 0 39' ACRES, MORE OR L ESS. AT T.l:\CHED-HERETO rs 174 PLAT LABELED EXHIBIT 'K-1 f .AND BY TH I S Rii;FE,RENCE HADE A PF.RT THEREOF. ALL DIS'l'ANC'.ES SHOWN HEREON ARE GRID DISTAMCE:S . TO COMPUTE GROUND DIS'.I'P,NC ES , DIVIDE GRID DISTANCES BY O. 99996 3440. ALL BEARINGS SHOWN HEREON ARE GRID., BASED OPON CALI FORNIA COOR DI NATE SYS'l'EM ZONE 6, N/1.,D-83, AND !I:l?OCH 1991.35. LS 7019 LtGAL DESCRIPTION: A PORTION OF PARCEL 2 PEI? CERTIFICATE OF COMPLIANCE RECORDED OCTOBER JO, 2001 AS DOCUM£NT NO. 2001 -0789066, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY or CARLSBAD, COUNTY OF SAN DlEGO, STA TE OF CALIFORNIA.. ASSESSOR'S PARCEL NO: 208-070-17 BASIS OF BEARINGS: TH£ BASIS OF BEARINGS FOR THJS DRAWING IS TH£ CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD BJ. EPOCH 1991,JS AS DfTERMINED LOCALLY BY THE UN£ BETWEEN FIRST ORDER CONTfWL POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271. I.E. N .WMJ"2t" W OWNER: CABRll.l.O POWER l LLC 4600 CARLSBAD BOULEVARD CARLSBAD, CALIFORNIA 92008 PHONE· (760) 268-4011 SURVEYOR OF WORK: PROJECT DESIGN CONSUL TAN TS 701 B STREET SUIT£ 800 SAN DIEGO, CALIFORNIA 92101 PHONE· (619} 235-6471 f'·:·\. ··<\\ . . ""~ --~-----~-·--'· ""' ..... •. =~=· .... !2:ic.--__ ce .-/3<i;;_ CARY L. HUS: LS. 7019 DA Tr APPLICANT: PREPAR[J) BY: LEGfND: _____ JNDtCA Tf:S EXISTING PROPERTY LIN£ P.O.B. __ JNDICATES POINT OF BEGINNING fWffe. Jj. • IND/CA TES HUB. BS SITE PARCEL VLY.L¼I -·· -·· (2.0J9 ACRES) 2 ~ g '-' G: 0 0: "' i "' 'I ii ! N oJect He PilLO.WilR A!JIPOirf /iGAD VICINITY MAP NO SCALE HUBBS SITE PA.ROEL REVISED 08/2013 POSEIDON R£SOVRCES PROJECT DESIGN CONSUL TAN TS EXHIBIT 'K-1" SHEET I OF 2 516u nm smrrr, st11rr Ho CARLSBAD( CALIFORNIA 92008 701 B SrRffT SJJITE 800 SAN 0/fGO, CALIFORNIA 92101 . --· ···- ,0; \23~8. 25\SV.90H_iiliiJ1'1't\l"Uff~t:Y_llKtl \Pl.A 15\Pu/;//c P~rcefa\I'r~llsl !lub.!J,Site-Sl,f01.d•';1 A,P.N. 206-070-17 MAP !803 MAP t l6B5 EXISnNG 20' WIDE ROAD&: PIPELINE EASEMENT RECORDED OCTOBER B, 1948 tN BOOK f 974, PAC£ 493, O.R. --------- P .o.e. _...---- PARCEL ·J Fl08 "J73f.l0 ----------- SCALE r = 400' APPLICAN7': POSEIDON RESOURCES ~mil flHf STREIT, S(JJTE /40 CARLSBAD, .fAJ)[QRNIA 9200Q__ 22J.9t' ~ - N274J''4r'W 216.l[f N18WJ'44!( PARCEL 3 Cl:RTIFICA TE' OF COMPLIANC[ REC. OCTOBER JO, 2001 FILE NO. 2001-0789067 PRlPARtD lJY.· ROS -J7350 A Ct'/A 11'&27/t!?MYA LACOuV✓ PROJECT DESIGN CONSUL TAN TS 101 B smrrr sutrc: soo SAN O/£GO, CAUFORNIA 92101 PARC~L S ROS -J7 3 60 AT&SF RAILROA[) RIGHT-OF-WAY PARCEL -4 RCl B ~J73 5 0 HUBBS S ITE PARCEL liXHHHT ~K-1' SHEET 2 Of 2 A.P.N. 206-070-17