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Home My WebLink AboutPDP 00-02B; Cabrillo Power I LLC; 2025-0066981: Irrevocable Offer of Dedication IODRECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 THIS DOCUMENT IS EXEMPT FROM 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 DOC# 2025-0066981 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Mar 17, 2025 09:40 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 14 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 210-010-46 Project ID: PDP 00-02(6) Related Project ID: RP 05-12A Related Project ID: PR 13-22 Project Name: ......,,..--,----=- Carlsbad Desalination Plant 'South Power Plant Parcel' IRREVOCABLE OFFER OF DEDICATION OF EASEMENT FOR PUBLIC PARKING AND PUBLIC ACCESS PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Cabrillo Power I LLC, a Delaware limited liability company ("Owner" or "Granter") makes an Irrevocable Offer of Dedication to the City of Carlsbad ("City" or "Grantee") of an easement for public parking and public access upon, through, under, over and across that real property located in the City of Carlsbad, County of San Diego, State of California, described in EXHIBIT "L" and depicted in EXHIBIT "L-1," attached hereto and made a part hereof (the "South Power Plant Parcel" or "Property"). EXHIBIT "L-1" is attached for clarity only. This Irrevocable Offer of Dedication of Easement For Public Parking and Public Access Purposes ("Dedication" or "Dedication of Easement") is made under California Government Code Section 7050 and may be accepted at any time by the City of Carlsbad. This Dedication of Easement 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 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 SMRH:4873-4671-9484 -1- 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 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)(iii), as follows: and South Power Plant Parcel: A public parking and public access easement shall be granted to the City of Carlsbad for the property described as the South Power Plant Parcel for the development of public vehicle parking by the City of Carlsbad. The South Power Plant Parcel is located at the southwest corner of the Precise Development Plan, adjacent to the east side of Carlsbad Boulevard and Encina Power Station south entrance gate, an area approximately 0.27 acre in size. If necessary, Developer shall be responsible for costs associated with removal and relocation of any gates or fences necessary to accommodate the parking and access to it. Furthermore, prior to issuance of grading or building permits for the desalination plant, one (or more) plan(s) shall be provided to the City to show feasible parking layouts as determined by the Planning Director and the City Engineer. Parking lot plans shall be designed to complement and allow installation of the Carlsbad Boulevard frontage landscape and wall conditioned herein. The operational parameters of the public parking and public access shall be ones that are mutually agreeable to both the Owner and 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") issued by the Coastal Commission on November 3, 2009; 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 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 Coastal Resource Redevelopment Area and maintaining, restoring and enhancing marine resources. The four sites [include]: • South Power Plant Parking area: an access easement over approximately 0.3 acres of land on the east side of Carlsbad Boulevard near the south entrance of the power plant that shall be dedicated to the City of Carlsbad for public parking; SMRH:4873-4671-9484 -2- 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, th is Dedication of Easement 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; and WHEREAS, Condition 23 of the Resolution requires the City Planner and Owner to mutually agree on the operational parameters of the public parking and public access prior to allowing the general public to access the easement area. DEDICATION OF EASEMENT 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, makes a Dedication of Easement in the Property to the City, on the terms and conditions set forth below. 1. DESCRIPTION. Grantor dedicates to Grantee a non-exclusive easement for public parking and public access (collectively, the "Easement") in the Property known as the South Power Plant Parcel, as more particularly described in Exhibit "L" and depicted in Exhibit "L-1," attached hereto and incorporated herein by reference. This Dedication of Easement shall be irrevocable and shall be binding on Grantor and its successors and assigns. 2. PURPOSE. This Dedication of Easement is made pursuant to the Settlement Agreement, Resolution , and CDP for public parking and public access. SMRH:4873-4671-9484 -3- 3. ACCEPTANCE. This Dedication of Easement is submitted by Owner in accordance with the terms of the Project Approvals 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 may access the Property, but the general public may not access the Property until the City and Owner mutually agree on the operational parameters of the public parking and public access ("Operational Parameters Agreement"). In addition, following Acceptance, the City shall immediately assume any and all liability arising from the City's use and upon execution of the Operational Parameters Agreement, the City shall assume any and all liability arising from the public's use of the Property as described herein, except that Grantor shall assume all costs and liability associated with the exercise of Grantor's reservation rights described below. This Dedication of Easement 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. CONCEPTUAL PARKING PLAN. The conceptual parking layout providing for the Carlsbad Boulevard frontage landscape and wall has been submitted to the City and approved by the City Planner and the City Engineer, in satisfaction of Section 23(iii) of the Resolution. 5. RESERVATIONS. Notwithstanding any other term herein, this Dedication of Easement in the Property is made with the exception that Granter reserves to itself, its heirs, assigns and successors-in-interest non-exclusive easement 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 necessary or convenient to ensure continuity of power plant operations, together with the right of ingress and egress thereto in connection with the Project or any development permitted by the PDP and the Property. 5.1 Upon Acceptance, City shall be responsible for all costs and liability associated with any construction, maintenance, operation and repair of the public parking facilities and activities. 5.2 City shall limit public use of the Property for public access, including vehicle parking only. 5.3 City's use of the Easement and the Property shall not interfere with the location, maintenance and repair of existing and future utilities necessary for the construction and/or operation of the Project or any development permitted by the PDP, including, without limitation, water, gas, electric and telephone lines and facilities, upon, through, under, over and across the Property. If relocation of any existing utilities is required in connection with the City's SMRH:4873-4671-9484 -4- use of the Easement, City shall obtain all permits and approvals, and assume the entire cost of the relocation. 5.4 Subject to any required regulatory approvals, public parking and public access to the Property shall be restricted by the City in the late evening and overnight through posted signs. The exact times of the restriction shall be at the sole discretion of the City following a meet and confer with Grantor. 5.5 The area, use and operational restrictions imposed on the City's use of the Easement shall be binding on all present or future interest holders or estate holders of the Easement. City shall ensure that its leases and other operating agreements include provisions reflective of the reservations set forth hereinabove. 6. SEVERABILITY. If any provision of this Dedication of Easement 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:4873-4671-9484 -5- IN WITNESS WHEREOF, the Granter has caused this Dedication of Easement to be executed this \?---day of _i, 20'2,<, SMRH:4873-4671-9484 Grantor: Cabrillo Power I LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: -[Signature Page]- DEBORAH R. FRY Assistant Secretary 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 C~f.~,L l .1 , A County of Vl-n.A 'Cv '- On O 3 ] 1 u\ bl}1Y:i ' bf.f9re2_m~ul..\-lt'py-toil 1e h~ ~ ' a Notary Public, personally appeared ffi ll y<..o V\'i cl<. 'who prove: to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~re subscribed to the within instrument and acknowledged to me that ~he/they exectrt'~d the same in ~her/their authorized capacity(ies), and that by ~er/th~ignature(s) on the instrument the ~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 tfio1 l \eJl\cU.A ,,-....___ y~ SMRH:4873-4671-9484 -[Notary Block]- IN WITNESS WHEREOF, the Grantor has caused this Dedication of Easement to be executed this \2_ day of _1_, 2ori-c; SMRH:4873-467 1-9484 Grantor: Cabrillo Power I LLC, a Delaware limited liability company By: Name: Its: By: Name: Its: -[Signature Page]- Assistant Secretary MARK ROHRLICK Vice President 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. ,,/1,,./ /If e..-tv ::Se,,ys (!.,"' ~ / State of Ga+ifeffii.a .J 7 County of Jft,r c.~,-. On /'1a.r'clt /3,:Zo:/.(before me, • ?Avn-5, a Notary Public, personally appeared _.....,.~'f.L-'"-"-_:.....;.!:..L..-,,......;:c.-......,,__-"--""-'1,---' who proved to me on the basis of satisfactory evidence to be the person(s) whose-+1ame(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 / V SM RH :4873-4671-9484 ,;----JUDITH TOMPKINS ! COMMISSION# 50028713 NOTARY PUBLIC-STATE OF NEW JERSEY MY COMMISSION EXPIRj:S .m.;;;..;;.;;.o.Ec_E~M~BE;R~1~5,~20;~;;;;;;;·;; .... ~ -[Notary Block]- PR 13-22 EXHIBIT 'L' LEGAL DESCRIPTION FOR THE SOUTH POWER PLANT PARCEL THAT PORTION OF PARCEL 4 PER OCTOBER 30, 2001 AS DOCUMEN'l' RECORD OF SURVEY NO. 17350, IN DIEGO, STATE OF CALIFORN!A, FOLLOWS: CERTIFICATE OF COMPLIANCE RECORDED NO. 2001-0789068, AND AS SHOWN ON THE CITY OF CARLSBAD, COUNTY OF SAN MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 4, ALSO BEING A POINT ON THE EAS'l'ERLY RIGH'P-OF-WAY T.TNR OF CARLSBAD BOULEVARD, 100 FOO'l' WIDE, AS DEDICATED PER DEED RECORDED AUGUST 29, 1935 IN BOOf< 432, PAGE 60 OF OFFICIAl, RECORDS, AND A POINT ON A CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 5216. 55 FEET, A RADIAL LINl•: TO SAID l'OINT BEARS SOU'rH 60°55' 15" WEST ; THENCE NORTHWESTERLY ALONG SAID EASTE:IU,Y RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00°23'35", 35 .80 FEET; THENCE LEAVING SAID EASTERLY RIGHT-Of"-WAY LINE NORTH 61°18'51" EAS'l', 1.00 FEET TO 'I'HE TRUE l?OrNT OF BEGINNING, BEING A POINT 1 . 00 fOOT EASTERLY OF, MEASURED AT RIGHT ANGLES TO SAI D £ASTERLY RIGHT-OF-l~AY LINE, ALSO BEING ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A R,,'\DIUS OE' 5215.55 FEE'l', A RADIAL LINE 'l'O SAID POINT BEARS SOUTH 61°18' 51" WEST; THENCE NORTHWE:STERLY ALONG THE ARC OF SAID CURVE: AND PARALLEL WITH SAID EASTERLY RIGHT-OF-WAY LING, THROUGH A CENTRAL ANGLE Oli' 02°•19' 36", 257 .31 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTB 68°13' 05" EAST, 24.34 FEET; 'rHENCE SOUTH 26°12'31" EAST, 20.26 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 75.00 E'EET ; 'rHENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°33' 18", 16.43 FEET; THENCE TANGENT TO SAID CURVE, SOUTH 38°45' 49" EAST, 26. 40 FEE'I' TO THE BEGINNING OF A TANGENT CIJRVr~, CONCAVE NORTHEASTERLY AND HAVING A RADIOS Of 130. 50 FEET; THENCE SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, 'l'HROUGH A CENTRAL ANGLE OF 18°49'43", 42.89 FEET; THENCE TANGENT TO SAID CURVE, SOOTH 57°35'32" EAST, 55,23 E'EE'l'; 'rHElolCE SOUTH 18°49'13" EAST, 32.27 li'EE:T; THENCE SOUTH 64°06'36" &AST, 16.03 FEET; THENCE SOUTH 30°26'55" WEST, 70.68 FEET; THENCE SOUTH P:12J9S.2S\SURVEY _BNDR Y\SURVEY _DWGIPLA TSIPnblk P»1<~ls\l~l,lfaibL-SouthPowc:,PLm1.doc SMRH:4873-4671-9484 -Exhibit L- 12°47'14" GAS'l', 22.83 E'EET; THENCE SOU'rH 61°18'51" WEST, 13.13 E'EET TO THE TROE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.267 ACRES, HORE OR LESS. ATTACHED HERETO IS A PLAT LABELED EXHIBIT 'L-1' AND BY 'l'HIS REFE:R8NCE MADE A PART THEREOf. ALL DISTANCES SHOWN HEREON ARE GRID DIS'l'ANCES. TO COMPUTE GROUND DISTANCES, DIVIDE GRID DISTANC8S BY 0.999963440. ALL BEARINGS SHOWN HEREON ARE GRID, BASED UPON CALIFORNIA COORDINATE SYS'rEM ZONE 6, NAD-83, Alm EPOCH 1991.35. ~ CB-/3'~/5 DATE LS 7019 l';\2398.251SUK Vii V _ !JNOR Y\S UR VEY _l)WG'\.PLATSIPublio P;ucds\J.cg,ls\JlxibL-SouthPow«Phmt.doc SMRH:4873-4671 -9484 -Exhibit L- l LEGAL DESCRIPTION: A PORTION OF PARCEL 4 PER CERT/FICA TE OF COMPLIANCE RECORDED OCTOBER JO, 2001 AS DOCUMENT NO. 2001-0789068, AND AS SHOWN ON RECORD OF SURVEY NO. 17350, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAT£ OF CALIFORNIA. ASSESSOR'S PARCEL NO: 210-010-46 BASIS OF BEARINGS: THE BASIS or BEARINGS FOR THIS ORA WING IS THE CALIFORNIA COORDINATE SYSTEM ZONE 6, NAD BJ, EPOCH 1991.35 AS DETERMINED LOCALLY BY THE UN£ BETWEEN FIRST ORDER CONTROL POINTS 057 AND 141 PER RECORD OF SURVEY NO. 17271. I.E. N 40"J9'21 • W O'M'IER: CABRILLO POVtfR I LLG 4600 CARLSBAD BOULEVARD CARLSBAD, CALIFORNIA 92008 PHON£; (760) 268-4011 SUR~YOR OF WORK: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CAUFORNIA 92101 PHONE· (619) 235-6471 ~mg APPLICANT: DATE PREPARED BY: PR 13-22 LEGEND: -----IND/CA TES EXISllNG PROPERTY UN£ P.O.C. _ INDICATES POINT OF COMMENCEMtNT T.P.o.e._ INDICATES TRUE POINT OF BEGINNING W.J.o/ h) IND/CA TES SOUTH POMR PLANT f1' @'~ -PARCEL (0.267 ACRES) £ VICINITY MAP N NO SCALE R£VISED 08/2013 SOUTH POWER PLANT PARCEL POSEIDON RESOURCES PROJECT DESIGN CONSULTANTS EXHIBIT 'L-1' 5180 flEET STREEJ, st/JTE 140 CARLSBAD, CAUFORNIA 92008 SMRH:4873-4671-9484 701 8 STREEr SUITE 800 SAN DIEGO, CALJFORNIA 92101 -Exhibit L-1- SHEET 1 OF J A.P.N. 210-010-46 PARcgL 3 ROS ·J7350 A,:;"UA l'r'EO/ONOA LAGOON .1=00'2J'J5" R.,,,,5216.55' L=JS.80'·-=1::---- APPLICANT: POSEIDON RESOURCES 5780 FlEET STREET. SIJfTE 140 CARLSBAD, CAUFORNIA 92008 ROD ·]7360 PARCEL 4 CERllFICA TE OF COMPLIANCE REC. OCTOBER JO, 2001 FILE NO. 2001-0789068 PARCEL 6 HOS i7350 PROJECT DESIGN CONSULTANTS 701 8 STREET SUITE 800 SAN DIECO, CAUFORNIA 92101 P: \2..'91125\Mi'~Y_li;IDRY\SVRl,fY...,D\lC\fU.TS\fli,Jie Pdcw;\/>latU-Sw U\Pc,.-.rPJont-Sl,102.drlg SMRH:4873-4671-9484 -Exhibit L-1- PM 9380 SOUTH POWER PLANT PARCEL EXHIBIT 'L-1 ' SHEET 2 OF J A.P.N. 210-010-46 \ \/ \ \ \ \ \ PARCEL 4 CERnFICA TE OF COMPLIANCE REC. OCTOBER JO, 2001 FILE NO. 2001 -0789068 ,,....-.. (" \ \ \ \ \ \ \ \ \ \ ' \ \ \ \ \ \ EXISnNG SLOPE & RETAINING WALL EASEMENr·~=---..,.. TO THE CITY OF CARLSBAD RECORDED MAY 13, 1988 \ \ -J7350 \ \ AS FILE NO. 88-226631, O.R. (1410TH VARIES) \ ~ \J) LIN£ DATA ~ NO. BEARING DISTANCE 0 L1 S2612'J1"E 20.26' (P L2 SJ8'45'49"£ 26.40' <t:, LJ S18'49'1J"E J2.27' ~ L4 S64'06'J6"E 16.0J' L L5 S12'47'14"£ 22.BJ' ~ LB S6118'51" R 1J.1J' O L7 N61i8'5t"E R 1.00' EXISTING 100-FOOT IYIDE RIGHT-OF-WAY FOR PUBUC HIGHWAY TO THE STA TE OF CALIFORNIA RECORDED AUGUST 29, 1935 IN BOOK 432. PAGE 60, O.R. TOGETHER WITH THE RIGHT TO EXTEND BEYOND lllE UMITS OF lll£ 100-FOOT STRIP <" / I I ' \..---\ ------ ( I I I I I I I I I I I I °;:::;> EXIST/NC SDGM: / FUEL OIL ALL UNE 1 EASEMENT -----1 RECORDED I OCTOBER 27, 1978 / AS ALE NO. 1 78-466720, 0.R. I 1-......_ T .P.O.B. I P.o.c. PARCtL 6 ROS -J7350 SOUTH POWER PLANT PARCEL SCALE 1" = 50' REVISED 08/20,J EXHIBIT 'L-1' APPUCANT: POSE/DON RESOURCES 5780 flJE STREET, SUITE 14-0 CARLSBAD, CAUFORNIA 92008 SMRH:4873-4671-9484 PREPARED BY: PROJECT D£SIGN CONSULTANTS 701 8 STREET SUITF 800 SHEET J OF J SAN 0/fCO, CALIFORNIA 92101 A.P,N. 210-010-46 -Exhibit L-1-