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HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (135)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 dclaws@sbcglobal.net Of Counsel Harold O. Valderhaug April 16, 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: I am puzzled by the alleged lack of public records regarding the recent deeds which went back and forth between Lennar and the City of Carlsbad and Tabata. First, I noted that there is not even a copy of the purported easement deed between the City of Carlsbad and Lennar in the documents produced. Secondly, I noted one document provided by private engineer Wayne Pasco advising you (I was correct) that Lennar had never conveyed Parcel "D" to the Mariners Point Homeowners Association. This seems to be the only reference in any of the documents' you provided which relates to this subject which I addressed in my three letters. I have difficulty believing there are no notes and/or writings which commemorate the conveyances by and between Lennar and the City and Lennar and Tabata and I have difficulty in believing that Lennar suddenly decided without prompting from anyone to execute the conveyances to which I make reference. I am renewing my request for Public Records under the Public Records Act and would ask you to re-conduct a further search to determine if indeed there are further documents responsive to my request. (See my initial public records request.) /^ ^SjneefeijL <-__.. -Donald WTTJetisch, Esq. DWD/sll cc: Ms. Jane Mobaldi 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-maildclaw@adnc.com Of Counsel Harold 0. Valderhaug March 4, 2002 Mike Grim, Senior Planner iRobeHTTrWojcik, Ueputy~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: I am writing to request pursuant to the California Public Records Act, Section 6250 et.seq. Government Code, the following information: 1. Any and all Carlsbad staff written reports prepared for the City Council's consideration and review prior to the adoption of the various resolutions and ordinances adopted in connection with the above-entitled project. (February 5, 2002 - February 11, 2002) 2. Any and all resolutions and/or ordinances adopted by the City Council in connection with the above-entitled project. Additionally, we request the following written information: 1. Any and all writings as defined by the California Evidence Code that exist by and between the City of Carlsbad and Lennar Development Company, Inc. which relates to the easement conveyances to the City of Carlsbad and the Tabatas relative to Parcel "D" - Certificate of Compliance - as evidenced by the purported deeds dated January 29, 2002. DETISCH & CHRISTENSEN Mike Grim, Senior Planner Robert H. Wojcik, Deputy City Engineer March 4, 2002 Page 2 2.Any and all writings as defined by the California Evidence Code that exist by and between the City of Carlsbad and Wayne Pasco, Civil Engineers, and/or the Tabatas. This request also includes and refers to any writings which include notes, memorandum, discussions, calendars, etc. which relate to any discussions between the City of Carlsbad Planning and/or Engineering staff with either the principals involved and/or their representatives. Please be advised that pursuant to Section 6256 of the Government Code that you have 10 days to either provide the documents and/or deny our request. Be further advised that if the Agency denies our request we are entitled to file a petition and obtain attorneys fees and costs. I am certain that none of these procedures will be necessary as this appears to be a straightforward request. Donald W. Detisch, Esq DWD/sll cc: Mr. and Mrs. Burris