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