HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (133)'•*»*»
DETISCH & CHRISTENSEN
Attorneys at Law
Charles B. Christensen 444 West C Street, Suite 200
Donald W. Detisch San Diego, California 92101
Tel. (619) 236-9343
Sean D. Schwerdtfeger Fax (619) 236-8307
Scott R. Fridell e-mail dclaw@adnc.com
Of Counsel
Harold O. Valderhaug
March 19, 2002
Mike Grim, Senior Planner
Robert H. Wojcik, Deputy City Engineer
City Engineer City of Carlsbad
Public Works - Engineering
1635 Faraday Avenue
Carlsbad, California 92008-7314
RE: Thompson/Tabata/Poinsettia Properties Subdivision Map -
# CT 98-14/Parcel "D" Certificate of Compliance - Mariners Point
Subdivision
Gentlemen:
Your response to my Public Records Inspection Demand was due March 14, 2002. It is now
March 19, 2002. I would appreciate a prompt response.
Thank you for your anticipated courtesy and cooperati
SjnGeretyr
)onald W. Dejisch, Esq.
DWD/sll
cc: Mr. and Mrs. Burris
DETISCH & CHRISTENSEN
Attorneys at Law
Charles B. Christensen 444 West C Street, Suite 200
Donald W. Detisch San Diego, California 92101
Tel. (619) 236-9343
Sean D. Schwerdtfeger Pax (619) 236-8307
Scott R. Fridell e-mail dclaw@adnc.com
Of Counsel
Harold 0. Valderhaug
March 28, 2002
Mike Grim, Senior Planner
Robert H. Wojcik, Deputy City Engineer
City Engineer City of Carlsbad
Public Works - Engineering
1635 Faraday Avenue
Carlsbad, California 92008-7314
RE: Thompson/Tabata/Poinsettia Properties Subdivision Map -
# CT 98-14/Parcel "D" Certificate of Compliance - Mariners Point
Subdivision
Gentlemen:
My request under the California Public Records Act is now overdue and thus I will need to
file a petition in court in which the award of attorneys fees should be pretty much automatic. To
avoid this, I will allow you until April 1, 2002 to forward the necessary paperwork.
Thank you for your anticipated courtesy and cooperation.
Donald W. Detisch, Esq
DWD/sll
cc: Mr. and Mrs. Burris
DETISCH & CHRISTENSEN
Attorneys at Law
Charles B. Christensen 444 West C Street, Suite 200
Donald W. Detisch San Diego, California 92101
- Tel. (619) 236-9343
Sean D. Schwerdtfeger Fax (619) 236-8307
_ e-mail dclaw@adnc.com
Of Counsel
Harold 0. Valderhaug
December 13, 2001
Mr. Ray Patchert \%
City Manager, City of Carlsbad
1200 Carlsbad Village Drive :.
Carlsbad, California 92008 '-
RE: Parcel D - Mariner's Point Subdivision - Certificate of Compliance
Dear Sir:
I am writing you relative to a matter which I have recently brought to Carlsbad staff's
attention as it relates to a Certificate of Compliance recorded on February 27, 1998 in connection
with the Mariners Points subdivision. The Certificate of Compliance reflected a boundary line
adjustment and was supposed to have conveyed by deed certain parcels of real property so as to
legalize those parcels. Apparently, the Certificate of Compliance was recorded but for some reason,
oversight or otherwise, the deed to convey that portion of Parcel D lying within Lots 16,17 and 18
of Map No. 13394 seems to have not been executed and/or recorded.
The developer of Mariners Point, Lennar Development, has been put on notice relative to
this oversight and has been requested on behalf of my clients, Mr. and Mrs. Mike Burris, to execute
and record the deed immediately or otherwise act. This deed was represented to convey open space
to the Homeowners Association which is an important amenity to the Association and to my clients.
Mr. Mike Grim of City Planning and Mr. Clyde Wickham of the City Engineering
Department are the staff members most knowledgeable about this subject and can hopefully verify
our statements. It is clear in our view that an attempt to retain ownership by Lennar or convey this
property to anyone other than the Homeowners Association and/or for any other purpose would
constitute a violation of the Subdivision Map Act. We would ask staff to take immediate action to
require the subdivider to execute and record the necessary deed so as to legitimatize the Certificate
of Compliance or deed the property back to the adjacent owners as originally provided by Map No.
13394.
DETISCH & CHRISTENSEN
Mr. Ray Patchett
December 13, 2001
Page 2
Should you have any questions, please feel free to contact me. We intend to see this
accomplished within the next two weeks.
Sincerely,,^
Id WsDerisch/Esq.
DWD/sll
cc: Mr. and Mrs. Mike Burris
Ron Ball, Esq., City Attorney
Clyde Wickham, Engineer
Mike Grim, Planning Department
Lennar Development
Mariners Point Homeowners Association