Loading...
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