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HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (74)Procopio O Cory Hargfreaves 53° B Street • Suite 2100 • San Diego • California 92101-4469 Telephone (619) 238-1900 • Facsimile (619) 235-0398 • www.procopio.com LLP Robert J. Beaton Direct Dial (619) 515-3222 Internet: rjb@procopio.com Our File No. 107628-1 October 22, 1998 VIA FEDERAL EXPRESS Mr. Jeff Gibson Project Planner City of Carlsbad Planning Department 2075 Las Palmas Drive Carlsbad, California 92008 Re: Tentative Map Ct. 98-14, Submitted September 18, 1998 by Standard Pacific Homes as Poinsettia Properties (the "Project") Dear Mr. Gibson: Our law firm represents John and Kathleen Dennis, husband and wife. Mr. and Mrs. Dennis are co-owners of real property which is not a part of the Project, but which real property (the "Dennis Realty") is surrounded by the Project. Mr. and Mrs. Dennis are the sole owners of the nursery business known as Dennis Flowers, which has operated for many years on and about the Dennis Realty. Mr. and Mrs. Dennis engaged O'Day Consultants to assist them in protecting the Dennis Realty and their nursery business with respect to the development of the Project. By letter dated October 12, 1998, Mr. Patrick N. O'Day wrote you regarding the valid concerns of Mr. and Mrs. Dennis relating to how the Project would affect the Dennis Realty and the Dennis Flowers nursery business. On behalf of my clients, this letter brings to your attention certain crucial legal aspects of the Dennis Realty and the Dennis Flowers nursery business, as those crucial legal aspects relate to and affect the Project. RECORDED ROAD EASEMENTS The Dennis Realty has running in its favor and for its benefit, valid recorded road easements. Those recorded road easements start at about the northwest corner of the Dennis Realty, and run in 999999.901007/154076.1 oLAW OFFICES OF PROCOPIO, CORY, HARGREAVES & SAVITCH LLP Mr. Jeff Gibson October 22, 1998 Page 2 a straight line northerly connecting to Poinsettia Lane, and continuing on the north side of Poinsettia Lane. Enclosed you will find a copy of the Grading and Drainage Plan for the Project on which there is marked and identified in pink the recorded road easement. First American Title Insurance Company, a reliable and reputable title insurance company, states that the recorded road easement is valid. With respect to the Project, Standard Pacific Homes has submitted to the City of Carlsbad for Poinsettia Properties a Hillside Development Permit consisting of two sheets. Your attention is directed to Sheet 1 of that Permit, and the Easements described thereon in Items 5 and 11. Those Items 5 and 11 are the recorded road easements for the Dennis Realty. In Items 5 and 11, Standard Pacific Homes states: "... this private easement will be quitclaimed." The quoted words are an unsupported and unfounded assumption. Please be informed that my clients, as co-owners of the recorded road easements, have never agreed to quitclaim them. Furthermore, no quitclaim of those recorded road easements will be given unless and until all of my clients' concerns regarding the Project are completely resolved to their full satisfaction. PRESCRIPTIVE ROAD EASEMENTS My clients also claim prescriptive road easements which road easements currently, and continuously over many years, have been used, and connect the Dennis Realty to Poinsettia Lane. Those prescriptive road easements run through the real property covered by the Project. On the copies of the enclosed Grading and Drainage Plan for the Project, you will see marked and identified in yellow, the location of the prescriptive road easements. Note that on the southerly side of the Dennis Realty, the prescriptive road easements include a truck turnaround area. - As you may know, prescriptive easements are not recorded, so that they do not appear on the public records. Please be informed that if the City of Carlsbad, or Standard Pacific Homes, or anyone else, seeks to deny our clients' rights to those prescriptive road easements, the co-owners of the Dennis Realty may find it necessary to institute a San Diego Superior Court quiet title action to establish their ownership of those prescriptive road easements. Our clients will not release their rights to those prescriptive road easements unless and until all of my clients' concerns regarding the Project are completely resolved to their satisfaction. 999999.901007/154076.1 LAW OFFICES OF PROCOPIO, CORY, HARGREAVES 6 SAVITCH LLP Mr. Jeff Gibson October 22, 1998 Page 3 Thanking you in advance for your anticipated attention to the foregoing matters, I am, Sincerely yjjuis. RJB:rd Enclosure cc: Mr. and Mrs. John Dennis (w/enc., via U.S. mail) Mr. Patrick N. O'Day (w/enc., via U.S. mail) Mr. Skip Santy (w/enc., via U.S. mail) 999999.901007/154076.1 •'^"% ^Jfcfii#"b^ GRADING & DRAINAGE PLAN POINSETTIA PROPERTIES PJtfPARtD FOR STANDARD. PACIFIC HOMES pRtPAJWD IK mi orrrci or: BUCCOLA >°°/»<-*°'° ENGINEERING, inc PUNNINC CONSULTANT JACK HENTHORN & ASSOCIATES menus. SVITI o CAMSBA&, C< StOOl(rto) 431-40*0 / rat (rto) «»-o»»r ausa'tAn DKtnSAN atteo. CA ttits-ioio(tit) at-uoo / Mr (<sti) tii-iito smrr 2 or * smtrs