Loading...
HomeMy WebLinkAboutCT 98-14; Thompson/Tabata; Tentative Map (CT) (77)Procopio Cory Jclargfreaves O~x •J.JL 53° B Street * Suite 210° * San Dieg° • California 92101-4469^ayltCIl Telephone (619) 238-1900 • Facsimile (619) 235-0398 • www.procopio.com__ founded 1946 Robert J. Berton -^ Direct Dial (619)515-3222 Internet: rjb@procopio.com Our File No. 107628-1 December 23,1998 Mr. Jeff Gibson, Project Planner VIA FEDERAL EXPRESS City of Carlsbad, Planning Department 2075 Las Palmas Drive Carlsbad, California 92008 Re: Tentative Map Ct. 98-14, Submitted September 18,1998 by Standard Pacific Homes as Poinsettia Properties (the "Project") Dear Mr. Gibson: Reference is made to my letter to you dated October 22, 1998 and, in particular, the four paragraphs on page 2 of that letter immediately following the heading "PRESCRIPTIVE ROAD EASEMENTS." With respect to those prescriptive road easements, please be informed as follows. Since October 22,1998, more information has been brought to my attention concerning the referenced prescriptive road easements. In order to better explain those prescriptive road easements, I have enclosed a color highlighted parcel map (the "Map"). My clients, Mr. and Mrs. Dennis, own a flower nursery, and co-own the land on which the nursery is situated, which nursery and land is shown on the Map as the rectangular parcel highlighted in blue (the "Dennis Parcel"). Prescriptive road easement access to and from the Dennis Parcel and Poinsettia Lane occurs over the green highlighted road area and the yellow highlighted road area (the red highlighted road area is a legally recorded easement, i.e., not a prescriptive easement). There is both a 1983 and a 1996 License Agreement for road access for John Dennis to the Dennis Parcel. Those two License Agreements may be invalid, and not adversely affect the prescriptive road easements my clients claim in the green highlighted road area and in the yellow highlighted road area. The invalidity of those License Agreements may be attributed to several reasons, among which reasons are the following: (a) The License Agreements are signed by John Dennis alone for the Dennis Parcel despite the fact that Kathleen Dennis is a legally recorded co-owner of the Dennis Parcel. 999999.901007/158165.1 LAW OFFICES OF PROCOPIO, CORY, HARGREAVES & SAVITCH JLLP Mr. Jeff Gibson December 23,1998 Page 2 (b) The License Agreements are signed by members of the Thompson Family as Licensor, but the green highlighted prescriptive road easement area is not owned by the Thompson Family. The green highlighted prescriptive road easement area is owned by Standard Pacific; and Standard Pacific is not a party signatory to either of the two License Agreements. (c) The yellow highlighted prescriptive road easement area does not fall within the boundaries of the real estate described in both of the two License Agreements; so that the yellow highlighted prescriptive road easement area is not covered by the License Agreements according to their own real estate descriptions. Prescriptive easement road access to and from the Dennis Parcel and Rose Drive occurs over the pink highlighted road area. The pink highlighted prescriptive road easement area does not fall within the boundaries of the real estate described in the 1983 License Agreement; so that the pink highlighted prescriptive road easement area is not covered by the 1983 License Agreement according to its own real estate description. Furthermore, the 1996 License Agreement also does not refer to the pink highlighted area (except for a parenthetical reference to a certain assessor parcel number, which parcel number, we contend, is erroneously stated). Please take all of the foregoing into account to the extent it relates to the Project. Thank you. Sincerely, RJB:rd Enclosure cc: Mr. and Mrs. John Dennis (w/o enc., via U.S. mail) Mr. Patrick N. O'Day (w/o enc., via U.S. mail) Mr. Skip Santy (w/o enc., via U.S. mail) 999999.901007/158165.1 214-17si-rr. i OP 3 t"= 400' A. N72?47'E- HS.S3 B. R=26a!6 - 39.93 C. M'3'8I'5I*E-40.89 D. R=2S8.I6 - 39.93 £.NO•3^47•W-72.59 F.N35'5£l4'W-55. 20 1/4 COR <o DETAIL 'A'•CM 06-01-98 8AC CHANGES BLK 170 OLD ta 65 <ss S3 S\ a 7/ 9. 36 9*47 NEWYK &3I Ifr-SZ 76*77 76&T7 86 87 tf 98 cxrr ^tz 10003 »* ZSS 1777 110 19B5- 1925 i» POINSETTIA LN.Z.*ROSE DR. -. 3 -•-r-iOP THIS MAP WAS FOU »S?F?-5W':KT ' T. SEC 28-T12S-R4W - E 1/2 OF NE 1/4 & FOR SW 1/4 ROS 6269. 10774. 12541, 13348