HomeMy WebLinkAboutMP 139; Rancho Carrillo Master Plan; Master Plan (MP) (34)VINCENT F. BIONDO JR.
CITY ATTORNEY
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
(714) 729-1181
July 15, 1976
Mr. Byron F. White
White, Price, Peterson & Robinson
1800 Crocker National Bank Bldg.
San Diego, California 92101
Dear Mr. White:
During our meeting of July 8, 1976 we discussed the
matter of access from Palomar Airport Road to the
Carrillo Ranch Park site. In accord with that dis-
cussion, a meeting has been held between the City
Manager, the Planning Director and the Parks and
Recreation Director to determine the City's position.
This letter is to confirm that a deed for an access
easement from Palomar Airport Road to the Park site
along the lines of the existing road must accompany
the deed for Parcel K. The City staff is willing to
recommend to the Council a reversionary clause in
access deed as follows:
"City will quitclaim the access easement when
Poinsettia Road, as shown on the master plan,
is constructed from the Park site through to
El Camino Real, or Poinsettia Lane from the
Park to Melrose and Melrose to Palomar Airport
Road is constructed, or other access acceptable
to the City from the Park site to the City's
system of streets is available."
If such a provision is acceptable to you, we assume you
will proceed to secure the necessary easement. We would
appreciate an opportunity to review the language of the
easement deed prior to its execution.
The City staff has also arrived at a position in regards
to another problem discussed at our recent meeting re-
lating to the ability of the City to require dedications
Byron F. White
July 15, 1976
Page 2
in individual subdivisions in addition to the Parcel K
and Parcel K-l park site. The City staff is willing to
recommend inclusion in the Parks Agreement of a limita-
tion on the City's ability to require such dedications.
The agreement can provide that the parks requirement for
individual subdivisions must be satisfied from the avail-
able credits except that the City may elect for any sub-
division of 300 units or less, to require the dedication
of an individual park site not to exceed one acre in
area and apply such site to the parks obligation before
seeking resort to the available credits. If any individual
subdivision contains more than 300 units, said one acre
may be increased in size proportionately to the number of
units in the subdivision above 300. We hope that this
suggestion will satisfactorily resolve the matter. It
affords some assurances to you that the credits will in
effect be jused, while it preserves the right of the City
to make provision for small neighborhood parks in individual
subdivisions .
As we indicated in our meeting you are to forward to us any
changes you think necessary in the draft parks agreement,
including some suggested language to resolve the additional
dedication matter.
Thank you for your cooperation.
Very truly yours
VINCENT F.
City Attorney
VFB/mla
cc: City Manager
Parks & Recreation Director
Planning Director