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Home My WebLink AboutPDP 00-02B; Cabrillo Power I LLC; 2025-0066982: Irrevocable Offer of Dedication IODRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DOC# 2025-0066982 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Mar 17, 2025 09:41 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 10 THIS DOCUMENT IS EXEMPT FROM SPACE ABOVE THIS LINE FOR RECORDER'S USE RECORDING FEES PURSUANT TO GOVERNMENT CODE SECTION 27383 The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 () computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: 210-010-45, 210-010-49 Project ID: --=-P=-D=--P-=-0=-0--=-0=2B=---- Related Project ID: _;....aR,_P-=-0=-5----'-1=2A~---- Related Project ID: --=-PR:....a......:.1=-3----'-1=-9 ____ _ Project Name: ________ _ Carlsbad Desalination Plant 'Carlsbad Boulevard Dedication' IRREVOCABLE OFFER OF DEDICATION OF FEE SIMPLE INTEREST FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cabrillo Power I LLC, a Delaware limited liability company ("Owner" or "Granter") grants to the City of Carlsbad ("City" or "Grantee") this irrevocable offer of dedication for public street and public utility purposes ("Offer of Dedication" or "Dedication") of a fee simple interest in that real property located in the City of Carlsbad, County of San Diego, State of California, described in EXHIBIT "O" and depicted in EXHIBIT "0-1," attached hereto and made a part hereof (the "Carlsbad Blvd Parcel" or "Property"). 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: 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 SMRH :4883-0964-0188 -1- 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 to the City and/or other appropriate entities, in some cases for easements and in other cases for fee title, for certain 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(b), as follows: and Carlsbad Boulevard: From the southerly boundary of the Precise Development Plan to the northerly boundary of Specific Plan 144, dedicate additional right-of- way for public street and utility purposes along the easterly side of Carlsbad Boulevard. Width of additional right-of-way shall be one ( 1) foot to the satisfaction of the City Engineer. 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 arising out of the development and operation of the Encina Power Station and proposed Carlsbad Energy Center Project, and providing for orderly development. 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 ("IO0s") 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; SMRH:4883-0964-0188 -2- WHEREAS, this Dedication in the Carlsbad Blvd Parcel is provided pursuant to and in full satisfaction of Section 2.4(b) of the Settlement Agreement, which is incorporated herein in full by reference. A copy of the Settlement Agreement is 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 Settlement Agreement, 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. 1. DESCRIPTION. Owner hereby irrevocably dedicates to Grantee a fee simple interest in the Property known as the Carlsbad Blvd Parcel, as more particularly described in Exhibit "O" and depicted in Exhibit "0-1," attached hereto and incorporated herein by reference. This Offer of Dedication shall be irrevocable and shall be binding on the Grantor and its successors and assigns . 2. PURPOSE. This Offer of Dedication is made pursuant to the Settlement Agreement, Resolution, and Coastal Development Permit No. E-06-013 for public access and utility purposes. In accordance with the Settlement Agreement, the dedication is subject to reasonable restriction and reservations necessary to ensure public safety and the continuity of power plant operations. 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 any and all liability and maintenance responsibilities arising from the City's and the public's use of the Property as described herein. 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. SMRH :4883-0964-0188 -3- 4. 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:4883-0964-0188 -4- IN WITNESS WHEREOF, the Granter has caused this Offer of Dedication to be executed this \J-ci ay of _2_, 20~ SMRH:4883-0964-0188 Grantor: Cabrillo Power I LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: DEBORAH R. FRY Assistant Secretary MARKROHRLICK Vice Prksident -[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\J~ d:u County of --'...........C--L-..__,_-'='--' Y7A,_ onD~l\'2.,IWffi , bef9r~~}/ \2J;\ le~, a Notary Public, personal y appeared ma VF-~ , who proved t me on the basis of satisfactory evidence to be the person(s) whose name(~re subscribedlhe within instrument and acknowledged to me that ~he/they execute he same in ~er/their authorized capacity(ies), and that by~her/thei-f signature(s) on the instrument the~rson(s), or the entity upon behalf of which the pe;don(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. Signatur~ I leNJut SMRH:4883-0964-0188 -Notary Block- IN WITNESS WHEREOF, the Granter has caused this Offer of Dedication to be executed this ~day of _a_, 20~ SMRH:4883-0964-0188 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 which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On )1111..f'd /'3_;2 6 ;1.S-, --;;:Pl /4VJ.:j, a Notary Public, per~ally appeareJ ~ r" , who proved to me on the basis of satisfactory evidence to be the person(s) whose n (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 [--JUDITH TOMPKINS I COMMISSION# 50028713 1 NOTARY PUBLIC-STATE OF NEW JERSEY ! MY COMMISSION EXPIRJ;S I . DECEMBER 15, 202~ SMRH:4883-0964-0188 -Notary Block- EXHIBIT'O' LEGAL DESCRIPTION FOR CARLSBAD BOULE\-~.\RD DEDICATION Tiffi \VESTERLY 1.0 FEET, ?-.1EASURED AT RIGHT' AL~GLES, OF IBOSE CERTAIN PORTIONS OF PARCELS 3 & 4 PER CERTIFICATE OF COlvlPLIANCE RECORDED OCTOBER 30, 2001 AS DOCUlv1ENTS NO. 2001-0789067, 2001-0789068, 2001-0789069, AND 2001-0789070, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, LYING BETWEEN TIIE EASTERLY RIGHT~OF- \\~A..Y LINE OF CARLSBAD BOULEVARD, 100 FOOT \VIDE, AS DEDICATED PER DEED RECORDED AUGUST 29, 1935 1N BOOK 432, PAGE 60 OF omcIAL RECORDS, AL'I\ID TIIE WESTERLY RIGHT-OF-WAY LINE OF 1HE NORTH COUNTY 1RANSIT DISTRICT (ATOilSON TOPEKA AND SANTA FE) RAil..ROAD, IN 1HE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SAID PARCEL OF LAND CONTAJNS 0.109 ACRES , MORE OR LESS. ATTACHED HERETO IS A PLAT IABELED EXHIBIT '0-1' AND BY THIS REFERENCE JvfADE A PART THEREOF. ALL DISTANCES SHOWN HEREON ARE GRID DISTA.l.'\fCES. TO C0~1P1}TE GROUND DISTANCES, DIVIDE GRID DISTANCES BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID, BASED UPON CALIFORNIA. COORDINATE SYSTEM ZONE 6, NAD-83, AND EPOCH 1991.35. 3/05/25 SMRH :4883-0964-0188 -Exhibit 0- \ p~ OCEAN • . . •. Afl,JA ts:IIOtOA LAOOOH .l> \\·1··. \/\ \ \\ \.~ ... \ lHE BA.SIS OF GEARINGS FOi< lHIS D-RA'MNG IS THE C,!,.LIFORNIA CC'.)RDINATE srsmt ZONE 6, t,jAl) t\J, EP:JCH 1991 .. 3"5 A'S DETERMINED LOCALLY BY lHE LINE 8EThErn FIRST 01<[:ER ct<tHRCL POlfHS 057 /.XC• Ml PER RECORD ff SUR'vEY NO. 1727 1. IE N 4lr39''.CW PREPARED SY: 001cJ2R riOWESIWt k ERILA¾b • PLAA'NING & ENG INEErllflG 1d, to::-.9-;gJ2Ii! ru. !i0,':~;;.2~, lt~ t.0((/\ /..Vf»JE f.A.~T WIT i't: C>j.1_S~AD-CA !Q:)1¢ Pa\PAACB..3 P.i-RCEL 4 CERTIFIO,TE CF COlP UAt·JCE REC. "tG-.!.{?-20::n OG<: F.2C01 -07S9<J68, OR. APPROVED 13Y: R.C.E, EXP. SMRH :4883-0964-0188 -Exhibit 0 -1- HJOICA TES E:(ISTING P-RO?ERTI' LINE D,.,,.-.-.:-.)"71 INOICAlES CARL~.8.:..D BLVD . . / RIGHT-OF-WAY DEOIC,t..1]();', i...:,_,:..._J (:J.HJ9 :O.C~ES) PMCB..4