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Home My WebLink AboutPDP 00-02B; Cabrillo Power I LLC; 2025-0066990: Irrevocable Offer of Dedication IODRECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT DOC# 2025-0066990 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Mar 17, 2025 09:43 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 15 · THIS DOCUMENT IS EXEMPT FROM THIS SPACE ABOVE FOR RECORDER'S USE RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 The undersigned grantor(s) declare(s): Assessor's Parcel No. 210-010-45 Documentary transfer tax is $0.00 Project ID: PDP 00-02B () computed on full value of property conveyed, or Related Project ID: RP 05-12A () computed on full value less value of liens or Related Project ID: PR 13-20 encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad. Project Name: Carlsbad Desalination Plant 'Bluff Area Parcel' IRREVOCABLE OFFER OF FEE SIMPLE INTEREST FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, Cabrillo Power I LLC , a Delaware limited liability company ("Owner" or "Granter") makes this Irrevocable Offer of Dedication ("Offer of Dedication" or "Dedication") to the City of Carlsbad ("City" or "Grantee") of fee simple interest in that real property located in the City of Carlsbad, County of San Diego, State of California, described in EXHIBIT "N" and depicted in EXHIBIT "N-1 ." attached hereto and made a part hereof (the "Bluff Area Parcel" or "Property"). EXHIBIT N-1 is attached for clarity only. This Offer of Dedication is made under California Government Code Section 7050 and may be accepted at any time by the City of Carlsbad. This Offer of Dedication is made subject to the following: SMRH:487 4-2529-5356 -1- RECITALS WHEREAS, Cabrillo Power I LLC, a Delaware limited liability company is the legal owner of the Property; and the City of Carlsbad 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 WHEREAS, Section 23 of the Resolution requires the Owner to make certain irrevocable offers of dedication, in some cases for easements and in some cases fo r fee title, to the City and/or other appropriate entities for various public streets, lands and easements 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)(ii), as follows: and Bluff Area Parcel: Fee title to property known as the Bluff Area Parcel shall be granted to the City of Carlsbad for public access and recreational uses. The Bluff Area Parcel is on the west side of Carlsbad Boulevard, between the Encina Power Station discharge jetty and the Terramar residential area. Fee title shall include only the bluff area and not the beach. Cabrillo Power I LLC shall pay all costs associated with the property dedication; WH EREAS , 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") issued by the Coastal Commission on November 3, 2009; 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 of land. 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 SMRH:487 4-2529-5356 -2- and; Coastal Resource Redevelopment Area and maintaining, restoring and enhancing marine resources. The four sites [include]: • Bluff Area: approximately 10.2 acres of land on the west side of Carlsbad Boulevard opposite the power plant, which shall be dedicated in fee title to the City of Carlsbad for recreational and coastal access uses; 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 Agreement ("Settlement Agreement") resolving the parties' 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 [January 14, 2014), NRG [Owner] agrees to grant Irrevocable Offers of Dedications ("IODs") 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 Offer of Dedication is provided pursuant to and in full satisfaction of the relevant terms of the PDP, Condition No. 23 of the Resolution, and the CDP and Special Condition 11 thereof (collectively, the "Project Approvals"), which are incorporated herein in full by reference. Copies of the PDP, the Resolution, and the CDP are on file and available for inspection at the City's Planning Division. DEDICATION OF FEE SIMPLE INTEREST 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, irrevocably dedicates a fee simple interest in the Property to the City, on the terms and conditions set forth below, for public access and recreational uses. SMRH:487 4-2529-5356 -3- 1. DESCRIPTION. This Offer of Dedication is for a fee simple interest in that portion of the Property known as the Bluff Area Parcel, as more particularly described in EXHIBIT "N" and depicted in EXHIBIT "N-1," attached hereto and incorporated herein by reference, and includes only the bluff area, and not the beach. This Offer of Dedication shall be irrevocable and shall be binding on the Granter and its successors and assigns. 2. PURPOSE. This Offer of Dedication is made pursuant to the Settlement Agreement, Resolution, and CDP for public access and public recreational uses. 3. ACCEPTANCE. This Offer of Dedication is submitted by Owner and may be accepted by resolution of the City Council of the City or as authorized by Carlsbad Municipal Code Chapter 11 .04.050 ("Acceptance"). Upon Acceptance, the City shall assume ownership and control, including the obligation to operate and maintain the Property, and any liability arising therefrom, except that Granter shall assume all costs and liabilities associated with the exercise of any reservation rights described below. This Offer of Dedication may be abandoned in accordance with the summary vacation procedures in Section 8300 et seq. of the California Streets and Highways Code. The termination and abandonment may be made by the City Council of the City of Carlsbad. 4. COVENANTS, CONDITIONS AND RESTRICTIONS. The City, for itself and for its heirs, assigns and successors-in-interest, covenants and agrees that no development (as defined in Section 30106 of the Coastal Act, which is incorporated herein by reference) shall occur on or be allowed within the Property with the exception, subject to applicable government regulatory requirements , of uses directly related to public access and public recreation. The area, use and operational restrictions imposed on this grant of the Property shall be binding on all present or future interest holders or estate holders of the Property. 5. RESERVATIONS. Notwithstanding any other term herein, Granter 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, SMRH:487 4-2529-5356 -4- operating and maintaining any and all existing underground facilities and their ancillary facilities necessary or convenient to ensure continuity of power plant operations, together with the right of ingress and egress thereto in connection with the Project and development permitted by the PDP. 6. SEVERABILITY. If any provision of this Offer of Dedication 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] SMRH:487 4-2529-5356 -5- IN WITNESS WHEREOF, the Granter has caused this Offer of Dedication to be executed this \1-day of __2_, 20 ~. SMRH:4874-2529-5356 Grantor: Cabrillo Power I LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: DEBORAH R. FRY Assistant Secretary ICK Vice resident -[Signature Page]- 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 Cal~9rni~/"\ I .__ , \,--/l County of _jJ_.....,f:~v~ 1-n:A __ 1 ll'-. On \ 1., W24Q , b~fpre ~~~~:...._.1.1,,,£..L!........:!s.:::...L.---L.li<~~• a Notary Public, personally appeared \r'r-, who proved t me on the basis of satisfactory evidence to be the person(s) whose name(s) (@]Pre subscribed to the within instrument and acknowledged to me that ~he/they executed the same in ynslher/their authorized capacity(ies), and that by ~er/th'ffif'signature(s) on the instrument the p~on(s), or the entity upon behalf of which the p~n(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-110) [ l£~ SMRH:4874-2529-5356 -[Notary Block]- IN WITNESS WHEREOF, the Granter has caused this Offer of Dedication to be executed this \ :J day of 1 , 20½" . SMRH:4874-2529-5356 Grantor: Cabrillo Power I LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: DEBORAH R. FRY Assistant Secretary MARK ROHRLICK Vice President -[Signature Page]- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to wh ich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. J./ t, 41 :::::5~,-...:5~ State ofBettfernia- ffCounty of )'I~ CbY" On 4tY'""C'. .3 ;26~ before me, -::J v , a Notary Public, personally appeared e... 41>,,.,. 4 r roved 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 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 SMRH:4874-2529-5356 JUDITH TOMPKINS COMMISSION# 50028713 NOTARY PUBLIC-STATE OF NEW JERSEY MY COMMISSION EXPIR~S DECEMBER 15, 20~ -[Notary Block]- J.>R 13-20 EXHIBIT 1N1 LEGAL DESCRIPTION FOR THE BLUFF AREl\. PARCEL THAT PORTION OF PARCEL 3 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUMENT NO. 2001-0789067, LYING SOUTHWESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF CARLSBAD BOULEVARD, 100 FOOT \HOE, AS DEDICATED PER DEED RECORDED AUGUST 29, 1935 IN BOOK 4 32, PAGE 60 0£i' OFFICIAL RECORDS, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, S'l'ATE OF CALifORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID PORTION OF PARCEL 3 AND SAID WESTERLY RIGHT-OF-WAY LINE Of CARLSBAD BOULEVARD; THENCE ALONG SAID SOUTHERLY LINE SOUTH 67°22'57" WEST (SOOTH 67°44'53 WEST PER SAID CERTIFICATE OF COMPLIANCE), 204.01 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 14°24'57" WEST, 477.24 FEET; THENCE NORTH 30°06'07" WEST, 120.74 FEET; THENCE NORTH 16°35'21" WEST, 127.80 FEET; THENCE NORTH 03°23'15,, WEST, 89.83 FEET; THENCE NORTH 22°18'51" WEST, 92.00 FEET; THENCE NORTH 09°11' 33,, WEST, 77. 05 FEET; THENCE NORTH 01°05'02" WEST, 101.80 FEET; THENCE NORTH 18°03'30" WEST, 322.99 FEET; THENCE NORTH 65°52'24" EAST, 3.27 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE; ·rBENCE ALONG SAID l'lES'rERLY RIGHT-OF- WAY LINE THE FOLLOWING COURSES: SOUTH 24°07'36" EAST, 79,65 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 3950. 00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°56' 09" A DISTANCE OF 340.28 FEET; THENCE TANGENT TO SAID CURVE SOU'l'H 19°11'27" EAST, 15. 63 FEET TO THE BEGINNING OF A TANGEN'l' CURVE, CONCAVE NORTHEASTERLY ANO HAVING A RADIUS OF 5316. 55 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°16'54" A DISTANCE OF 954.05 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 2.904 ACRES, MORE OR LESS. ATTACHED HERETO IS A PLA'l' LABELED EXHIBIT 'N-1' AND BY THIS REFERENCE MADE A PART 'rHEREOF. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID P;\2398.2S\SURVEY _DNDR YI.SUR VEY _DWGIP LATSll'ublic Parn:ls\Legal$\ExibN-BluffAteadoc SHTifiT I 0['2 SMRH:487 4-2529-5356 -Exhibit N- DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID, BASED UPON CALIFORNIA COORDINATE SYS'PE:M ZONE 6, NAD-83, AND EPOCH 1991.35. ~w> ~ LS 7019 c:JB ,_,/3-2h 1.2:, DATE P:\1398.lSISURVEY _ BNDR '/\SURVEY _DWO\PLA'l /,'\l•ub!Ic Pll!e<l~l.cc.;:;,l<IB.,ibN-BluffArea.d,>e SMRH:487 4-2529-5356 -Exhibit N- SHEET20F2 LEGAL DESCR/PllON: A PORTION OF PARCEL J PER CERT/FICA TE OF COMPLIANCE RECORDED OCTOBER JO, 2001 AS DOCUMENT NO. 2001-07890671 AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY Of CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA PR 13-20 LEGEND: ASSESSOR'S PARCEL NO: -----IND/CA TES £XIST1NG PROPERTY LINE P.O.B. _ INDICATES PO/Nr OF BEGINNING Wffe 1 IND/CA TES BLUFF AREA PARCEL (1 ft1/_gj -· (2.904 ACRES) 210-010-45 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS ORA WING IS TH£ CALIFORNIA COORDINATE SYSTEM ZONE 6, NAO 8J, EPOCH 1991.J5 AS DETERMINED LOCALLY BY THE LINE BETWE.EN FIRST ORDER CONTROL POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271. I.E. N 4039'2t• W EXISTING EASEMENTS: [Al IND/CA TES EXJSnNG RE CREA nONAL EASEMENT TO THE STATE OF CALIFORNIA RECORDED NOVEMBER 16, 1976 AS Fil£ NO. 76-JBJ604, O.R. [ID IND/CA TES EXJSRNG SHORE PROTECnON EASEMENT TO 11-IE CITY OF CARLSBAD RECORDED OCTOBER 8, 1991 AS FILE NO. 1991-0519749, O.R. ~ IND/CA TES EXISTING SLOPE & RErAtNING WALL EASEMENT TO 711£ CITY OF CARLSBAD RECORDED MAY 1J, 1988 AS FILE NO. 88-226631, O.R. OWNER: CABR/UO PO'rID? I UC 4600 CARLSBAD BOULEVARD CARLSBAD, CAUFORNIA 92008 PHONE: {760) 268-4011 SURVEYOR OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREIT SUITE BOO SAN DIEGO, CAUFORNIA 92101 PHONE: {619) 235-6471 £ VICINITY MAP ff NO SCAL£ BLUFF AREA PARCEL ~~019 DATE REVISED 08/2013 EXHIBIT 'N-1' APPLICANT: POSEJDON RESOURCES 578() MET STREET, SUITE 140 CARLSBAD, CAUFORNIA 92008 SMRH :487 4-2529-5356 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 8 S1RE£T SUITE 800 SHEU 1 OF 4- SAN DIEGO, CALIFORNIA 92101 A.P.N. 210-010-45 -Exhibit N-1- PARCEL 3 HOS i7350 A CVA .h'EO/QVOA ~ACOO/V SCALE 1" = 400' APPLICANT: POSDOON RESOURCES 578{) flEET S'fREET; St/IT£ 140 CARLSBAD, CAUFORNIA 92008 ROS -J7350 PARCEL 4 PARCeL 4 ROS -17350 CERnFJCA TE OF COMPLIANCE RtC. OCTOBER 30, 2001 FILE NO. 2001-0789068 P .O.B. PARCEL 5 ROS ·J7350 PROJECT DESIGN CONSULTANTS 701 8 STREET SUITE 800 SAN Ol[GO, CALIFORNIA 92101 P. \2JS8.25\sth<ITT_61ID.q'I\SI.K?ITT..D\lG\PU1S\Pi,b.l'< Porctls\flolNI-IJ/dffAff,a-S'lt02.c.,g SMRH:487 4-2529-5356 -Exhibit N-1- PARCEL 7 ROS i73-50 PJ\IJ 9380 BLUFF AREA PARCEL EXHIBIT •N-1 ' SHEET 2 OF 4 A.P.N. 210-010-45 EXJSTTNG 100-FOOT IWDE-=-~ RIGHT-OF-WAY FOR PUBLIC -a HIGHWA Y TO 7HE STA TE OF +. CALIFORNIA RECORDED AUGUST 29, 1935 IN BOOK 4J2, PAGE 60, O.R. TOGETHER W1TH THE RIGHT TO EXTEND BEYOND THE UM/TS OF THE IOO~FOOT STRIP RO PAHGEL 4 ROS -J?350 .,,,.,,.,~ /n•:i• .,,~f:i'v P.O.B. J\JJJ..\P 3 052 SCALE 1• = 100' APPLICANT: POSEIDON RESOURCES 5180 FlEfT STREET, SV/TE 140 CARLSBAD, CAUFORNIA 92008 REVISED 0B/201J PREPARED BY: PROJECT DESIGN CONSULTANTS 701 8 STREET SUITE 800 SAN DIEGO, CAUF0RNIA 92101 P; \2398-25\S''.IJIIO' ..BilDRY\SVR'r£Y _&iro\,PlA JS\Pr,1,/Ja /voe/,; \Pi'alNl-8kiffAtea-5/l!oJ,dMJ SMRH:487 4-2529-5356 -Exhibit N-1- BLUFF AREA PARCEL EXHIBIT 'N-1' SHfET J OF 4 A.P.N. 210-010-45 ~ \_.,,'\ 0 \ ~ \ ; \ ~ \ ~ \ \ ~ ~ \ \ \ PARCEL 4 ROS -J?350 EXtSnNG 100-FOOT KfDE RIGHT-OF-WAY FOR PUBLIC HIGHl'IA Y \ \ ,__..-__....-TO THE STATE OF CALIFORNIA RECORDED AUGUST 29, 1935 IN BOOK . 4J2t.. f AGE 60, O.R. TOGETHER WI IN THE RIGHT TO EXTEND BEY(XvJ) lllE LIMITS OF THE 100-FOOT STRIP SCALE 1" = 100' APPUCANT: POSEIDON RESOURCES 5780 FlI£T SlREET, StJl1E 140 CARLSBAD, CAUFORNIA 92008 I \ PREPARED BY: \ \ SEE SHEET J RH1SED 08/201J PROJECT OES/(;N CONSULTANTS 101 8 STRE£r SUITE BQO SAN DIEGO, CAUFORNIA 92101 P: \2J98.2S\S!J,11\£Y.DIMY\SUR1£t..DK'C\ft.ATS\Public POfc.;/4\F\,ill,1-Blufllirnr-Shl0-4,d>t9 SMRH:487 4-2529-5356 -Exhibit N-1- BLUFF AREA PARCEL EXHIBIT 'N-1' SHEET 4 OF ,t. A.P.N. 210-010-45