HomeMy WebLinkAboutMP 139; Rancho Carrillo Master Plan; Master Plan (MP) (25)WHITE, PRICE, PETERSON 8 ROBINSON
A PROFESSIONAL CORPORATION
BYRON F. WH.TE ATTORNEYS AT LAW
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. , J R. f\ p f1 /*^T r VT C T5 TEDWARD E.WEISSMAN 530 B STREET OF COUNSEL
WILLIAM E.JOHNS SAN DIEGO, CALIFORNIA 92101
ED^D C^MUNS (714) 234-0361 PILE NO.
LAWRENCE S. BRANTON
JAMES B.MEHAL1CK
M. RICHARDSON SLYNN, JR. 24 January 1974 10,003.01
RECEIVED
JAN Z 5 1974
Mr. Don Agetep CITY OF CARLSBAD
Planning Director Planning Department
City of Carlsbad
1200 Elm Street
Carlsbad, California 92008
Re: Carrillo Rancho - Park Site
Requirement
Dear Mr. Agetep:
We have previously discussed with you the dedication of the site
containing the Carrillo residence to the City as a park site. In
those discussions, we indicated that the property was presently
occupied by Mr. and Mrs. Frank B. Delpy and was subject to a trust
deed in favor of Mrs. Delpy (Marie Antoinette Carrillo Delpy), the
daughter of Leo Carrillo. At the time of those discussions, there
were indications that the City would not, in fact, want immediate
possession of the premises and that the Delpys could continue to
reside on the property for a period of time even though it was
dedicated to the City.
Most of our discussions at that time were with Mr. Delpy and
he had indicated agreement to the proposed plan. Unfortunately,
however, subsequent to that time, Mr. Delpy has suffered a severe
stroke and it is not possible at this time to deal with him. Mrs.
Delpy is naturally quite upset by her husband's condition and it
would appear advisable at this time to consider entering into a
written agreement with her regarding her occupancy.
With these considerations in mind, we would propose that a
lease agreement to take effect upon the dedication be entered
into between the City and Mrs. Delpy. This lease might include
provisions substantially similar to the following:
Mr. Don Agetep
Planning Director
City of Carlsbad
24 January 1974
Page Two
1. There would be no fixed term of the lease except that the
term would be at least until December 31, 1974. The City would be
required to give six months notice of termination. For example,
if the City desired the occupancy to cease on March 31, 1975, it
would be required to give notice by September 30, 1974.
2. No rent would be payable; or if some rental were deemed to
be required, it would be $1.00 per year or other nominal amount.
3. Mrs. Delpy would be required to keep the buildings insured
and to maintain the assets as they are; reasonable wear and tear
excepted.
4. Mrs. Delpy would be required to pay any property taxes (or
possessory interest taxes) that may be levied against the property.
5. Mrs. Delpy could terminate the lease at any time upon giving
30 days notice to the City.
We would appreciate hearing your thoughts on this matter at
your early convenience.
Yours very truly,
WHITE, PRICE, PETERSON & ROBINSON
Byron\NF. White
BFW/jc