HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (77)Procopio
Cory
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founded 1946 Robert J. Berton
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Our File No. 107628-1
December 23,1998
Mr. Jeff Gibson, Project Planner VIA FEDERAL EXPRESS
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:
Reference is made to my letter to you dated October 22, 1998 and, in particular, the four
paragraphs on page 2 of that letter immediately following the heading "PRESCRIPTIVE ROAD
EASEMENTS." With respect to those prescriptive road easements, please be informed as follows.
Since October 22,1998, more information has been brought to my attention concerning the
referenced prescriptive road easements. In order to better explain those prescriptive road easements,
I have enclosed a color highlighted parcel map (the "Map").
My clients, Mr. and Mrs. Dennis, own a flower nursery, and co-own the land on which the
nursery is situated, which nursery and land is shown on the Map as the rectangular parcel highlighted
in blue (the "Dennis Parcel").
Prescriptive road easement access to and from the Dennis Parcel and Poinsettia Lane occurs
over the green highlighted road area and the yellow highlighted road area (the red highlighted road
area is a legally recorded easement, i.e., not a prescriptive easement).
There is both a 1983 and a 1996 License Agreement for road access for John Dennis to the
Dennis Parcel. Those two License Agreements may be invalid, and not adversely affect the
prescriptive road easements my clients claim in the green highlighted road area and in the yellow
highlighted road area. The invalidity of those License Agreements may be attributed to several
reasons, among which reasons are the following:
(a) The License Agreements are signed by John Dennis alone for the Dennis Parcel
despite the fact that Kathleen Dennis is a legally recorded co-owner of the Dennis
Parcel.
999999.901007/158165.1
LAW OFFICES OF
PROCOPIO, CORY, HARGREAVES & SAVITCH JLLP
Mr. Jeff Gibson
December 23,1998
Page 2
(b) The License Agreements are signed by members of the Thompson Family as
Licensor, but the green highlighted prescriptive road easement area is not owned by
the Thompson Family. The green highlighted prescriptive road easement area is
owned by Standard Pacific; and Standard Pacific is not a party signatory to either of
the two License Agreements.
(c) The yellow highlighted prescriptive road easement area does not fall within the
boundaries of the real estate described in both of the two License Agreements; so that
the yellow highlighted prescriptive road easement area is not covered by the License
Agreements according to their own real estate descriptions.
Prescriptive easement road access to and from the Dennis Parcel and Rose Drive occurs over
the pink highlighted road area. The pink highlighted prescriptive road easement area does not fall
within the boundaries of the real estate described in the 1983 License Agreement; so that the pink
highlighted prescriptive road easement area is not covered by the 1983 License Agreement according
to its own real estate description.
Furthermore, the 1996 License Agreement also does not refer to the pink highlighted area
(except for a parenthetical reference to a certain assessor parcel number, which parcel number, we
contend, is erroneously stated).
Please take all of the foregoing into account to the extent it relates to the Project. Thank you.
Sincerely,
RJB:rd
Enclosure
cc: Mr. and Mrs. John Dennis (w/o enc., via U.S. mail)
Mr. Patrick N. O'Day (w/o enc., via U.S. mail)
Mr. Skip Santy (w/o enc., via U.S. mail)
999999.901007/158165.1
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