Table of Contents
List of relative APN'sAs per CA evidence code section 500. Except as otherwise provided by law, a party has the burden of proof as to each fact the existence or nonexistence of which is essential to the claim for relief or defense that he is asserting.
The area said to be covered by a failed start-up Home Owners Association..
CORPORATIONS CODE SECTION 18115. The acquisition, transfer, or encumbrance of an interest in real property by an unincorporated association shall be executed by its president and secretary or other comparable officers, or by a person specifically designated by a resolution adopted by the association, or by a committee or other body or person authorized to act by the governing principles of the association.
The facts are, there are 3 separate and completely different Grants of Easement providing 13 totally separate interest real properties appurtenant rights of interest in common for the benefit of said land to the 3 distinct and legally recorded grants of easement and not one of the easement granted rights to the failed and defunct Weber Heights Non-profit Association.
1. 1985 by Charles Reed Jr.
2. 1990 by Charles Campbell
3. 1993 by Ronald Mark Leusehen
EVIDENCE CODE SECTION 410. As used in this chapter, "direct evidence" means evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact.
CORPORATIONS CODE SECTION 12460-12466. (b) A regular meeting of members shall be held annually.
18035. (a) "Unincorporated association" means an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not.
CIVIL CODE SECTION 655
5223. (a) The superior court of the proper county may, at the suit of a director, or twice the authorized number (Section 5036) of
655. There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, trademarks and signs and of rights created or granted by statute.
657. Property is either:
l. Real or immovable; or,
2. Personal or movable.
members or 20 members, whichever is less, remove from office any director in case of fraudulent or dishonest acts or gross abuse of
authority or discretion with reference to the corporation or breach of any duty arising under Article 3 (commencing with Section 5230) of
this chapter, and may bar from reelection any director so removed for a period prescribed by the court. The corporation shall be made a
party to such action.
(b) The Attorney General may bring an action under subdivision (a), may intervene in such an action brought by any other party and
shall be given notice of any such action brought by any other party.
Dec. 3, 1968 Record of Survey 53/37 doc. #117559
Dec. 20, 1968 Record of Survey 53/40 doc. #124200
Jan. 3, 1969 Record of Survey 53/43 doc. #849
Jan. 9, 1969 Record of Survey 53/47 doc. #2420
Jan. 20, 1969 Record of Survey 53/51 doc. #5706
Jan. 24, 1969 Record of Survey 53/53 doc. #782
October 18, 1973 A group of people calling themselves "Weber Height nonprofit Association" held a meeting regarding it's bylaws. That group consisted of land owners and want to be land owners. All of them tried to start a non-profit Home Owners Association. The fact is, the group leaders failed to register the non-profit with the Secretary of State as stated on page 2. Therefore as a legal entity it did not have ownership right of authority to control wells or water services or to act in the capacity as noted within its 1973 bylaws or the 2002 revised bylaws.
Page 1
The name is Weber Heights non-profit Association
Page 2
Reading page 2, the intention clearly stated "This
must be done before we can proceed any further".
The recording with the Secretary of State never happened, therefore the inital association never took shape as a recorded non-profit nor was it ever shown as a legally recorded non-profit having ownership right to real property as an association having authority of owership within the County of Riverside.
Take note the bylaws did not have a section that allowed for new member to join.
This is a plot map with locations of the original named
1973 directors
and the related real properties.
October 22, 1982 Wilson and Loire Cantrell and Elater and Chalortt Wood become land owners after the Oct. 4, 1982 a lis pendens was filed .
March 13, 1985 an Attorney's notice letter was delivered to property owners and Weber Valley is not named in that letter.
March 15, 1985 Charles Reed Jr. signed a Grant of easement record # 53702 and Weber Valley is not and was not listed as a legally entitled rights owner. Charles Reed Jr. then sold his property. Note not all of the named grantees are the same as was in the October 4, 1982 lis pendens. In my opinion, he was extorted into signing a grant of easement because Weber Heights Non Profit Association was not the real property owner as was fraudulently claimed in the 1973 bylaws on pg. 2 at a href="section 8">section 8.November 3, 1989 CA Water Code Section 13801 section 2.1.1 applies to all new wells. In May of 1990 Charles Campbell drilled a well on parcel 53/40 par 2 without a permit.
Riverside County ORDINANCE NO. 682 (AS AMENDED THROUGH 682.4) An ordinance in the COUNTY OF RIVERSIDE regulating the construction of wells. Section 3. PERMIT REQUIREMENTS. A. No person or entity, or agent, contractor, subcontractor, representative, or employee thereof, shall dig, drill, bore, drive, reconstruct or destroy (1) a well that is to be, or has been, used to produce or inject water, (2) a cathodic protection well, (3) a monitoring well or (4) geothermal heat exchange well, without first filing a written application to do so with the Department, and receiving and retaining a valid permit as provided herein.
February 26, 1990 an application for a well driller's permit was submitted to Riverside County Environmental Healthfor APN #571-030-037. AKA Deborah St Pierre's property.
February 27, 1990
a well driller's permit was issued for Deborah St Pierre's property
APN# 571-030-037
.
In 1989 the State of California Water resource control board adopted a model well ordenance.
Known as 13801 of the water code. At Section 1.1 is states the mission of the board, quote "1 Purpose and definitions: 1.1 INTENT OF ORDENANCE: It is the purpose of this general welfarw of the people of the Sate of California by ensuring that the ground waters of this state will not be polluted or contaminated. To this end, minumn requirements are contained in this ordinance for construction, reconstruction, repair, and destruction of water wells, cathodic production wells and monitoring well"
The document incorporated a schedule for well permitting.
At Section #2, a quote
"2 Permits 2.1 Permit Applications: 2.1.1 When Required: No person shall dig, bore, drill, deepen, modify, repair, or destroy a wate r well, monitioring well or any other excavation that may intersect ground water without first applying for and receiving a permit as provided in this ordinance unless exempted by law.
April 13, 1990
Charles Campbell signed a grant of easement for 44100 Ginger Circle AKA APN# 571-040-002.
After the words, "This deed for grant of easement April 13, 1990 by Charles and Joann Campbell to", Weber Heights Non-profit was not named anywhere within the granted rights as a benefactor of those real property rights granted to the deed for easement.
May 24, 1990
the Grant of Easement by Charles Campbell was recorded #191167.
May 1990
ORDINANCE NO. 682 was not followed and Lynch Wells Co. drilled a new "domestic
use" well as shown on a well driller's report. The problem is the well was not drilled at 44135 Perryman lane as permit #16245 was issued for. A well was drilled at APN 571-040-002 and the property was un-permitted as a location to drilll for water. Water code section 13801 Permit 2.1 Permit Application 2.1.1 wene required
The well location was believed to be on APN # 571-047-037 (AKA St Pierre & Franko's) the fact is in May 1990 that new and un-permitted well was illegally drilled and located on APN# 571-040-002 Charles Campbell's property.
In 1992 for the first time a permanent pump was installed in the well on
parcel 571-040-002 thereby completing the domestic well as shown on a well
driller's report and within an invoice written by Lynch wells Co..
On September 11, 1992 Ronald Mark Leusehen signed a road and water tank
"Grant of Easement" # 227694 thereby creating rights to and for a new water
storage system. The grant was recorded on
May 16, 1993.
Noting Mr. Ronald Mark Leusehen did not grant rights
to the entity known as one Weber Valley Heights Non-Profit Association anywhere
within the legally recorded and documented easement rights.
CA CIVIL CODE SECTION 654, 657
The ownership of a thing is the right of one or more persons to possess
and use it to
the exclusion of others. In this Code, the thing of which there may be ownership
is called property.
657. Property is either:
l. Real or immovable; or,
2. Personal or movable.
How and in what year did those real
property rights transfer to the so called stand alone mutual benefit association?
Title 22 Chapter 14 64211. Permit Requirement. (c) A change in ownership
of a state small water system shall require the submission of a new application.
64215. Water Supply Requirements.
64216. Mutual Associations Prohibited. No state small water system which
was not in existence on November 12, 1991 shall be issued a permit to operate
The following document provides proof a joint ownership
of a common interest water system was crested after 11-12-1991.
May 16, 1993
Mr. Ronald Mark Leusehen recorded explicit rights
for use to his real property. Not one of those rights named Weber Valley
Heights Water Association as a benefactor.
So why was WVHWA granted a permit to operate something it does not own as
a third and independent party? Fraud.
July 13, 2002
The "revised" Association
Bylaws now show a new name and that the status as a non-profit no
longer exist. This was a new mutual benefit association with new
bylaws. California Safe Water Act 64216 Mutual Association Prohibited
after November 12, 1991. Why did DEH issue the association a permit to operate?
Mrs. Deborah St Pierre was last elected President of WVHWA in 2004, she failed her fiduciary duty and the association on September 11, 2006 by not calling for an election of a new board as required by the revised 2002 association bylaws.
As of Sept. 12 2006 an incumbent board representing Weber Valley Heights Water Association no longer existed.
Mrs. Deborah's charade started on September 12, 2006. Assets of the non incumbent association (finical accounts) continued to be controlled by the past president. She in her own mind seemed to think she remained the association President even after failing to uphold the required association bylaw for election. Her actions lasted from September 12, 2006 until January 14 2012.
All legal documents representing the association signed after September
11, 2006 that were signed by Deborah St Pierre as President of WVHWA were
signed by fraud, afterall her elected term as President of the Association
had expired on 9-11-2004. Her new title was ex- President elect after termination
of that elected status..
Therefore Deborah St Pierre falsifies documents to the Department of Environmental
Health if she was claiming to be President of WVHWA after that date of September
11, 2006.
July 2010 to fulfill her own twisted plan Deborah St Pierre spent unauthorized
funds for advice from Attorney Alec Harshey 901 S State St, Hemet, CA 92543.
July 7, 2010
Deborah St Pierre then related her findings from the Attorney Alec Harshey.
July 15, 2010
Deborah sent a letter to Beverly Heath.
July 19,2010
Deborah wrote what her motive was, "It is about this member
making money off our water".
July 23, 2010
Total services connections are admitted.
Deborah St Pierre sent out ballots that failed to conform to CA Corp. Law and not authorized at a meeting or by ballot by the well owners.
Deborah St Pierre using the USPS sent a letter demanding a property
owner follow her demand or the legal and appurtenant granted recorded rights
would be denied.
August 10, 2010
Deborah St Pierre claimed "We won't be in the state small water system next
year".
August 12, 2010
Deborah St Pierre wrote "This member is making a lot of money off our water".
August 12, 2010
Deborah St Pierre delivered by mail a ballot without a time for return asking
should members uphold bylaws.
Hess voted
and Deborah St Pierre shared the tabulated illegal ballot results. Hess
is not listed as a well rights owner.
August 23, 2010
Deborah sent a "Notice of intention to terminate water service".
August 25, 2010
Thank you for voting
September 1, 2010
Water inspection noting the total hookups to the water system
September 1, 2010
pg. 2
September 1, 2010
Legally connected properties map.
September 13, 2010
SEE BRIEF Deborah St Pierre and Dan Spears severed
an appurtenant water supply pipeline embedded in real property not belonging
to the past and failed non-profit association.
September 27 2010
Deborah St Pierre sent an illegal ballot trying to terminate Reed's water
service.
October 14, 2010
Deborah St Pierre provided false information to a Riverside County Sheriff.
November 30, 2010 Without easement owners approval Deborah St Pierre spent
unauthorized funds at attorney Best Best and Kreger.
November 2, 2010
Deborah St Pierre planed to expand the rights granted within the 1990 Grant
of easement.
December 3, 2010 Deborah St Pierre spent more well owners money for Deborah's
personal research goals..
January 2, 2011
Deborah St Pierre provides proof she believed the ballot was to completely
terminate Heath'swater, it stated uphold bylaws.
January 11, 2011 Deborah St Pierre continued her spending spree without
consideration of her actions.
September 5, 2011, This is absolute proof of the extortion as I saw it.
January 3, 2012
Deborah St Pierre still claiming to be President of the failed association
called for a group of people to attend a garage meeting held at Dan Spears
property.
The group consisted of,
CORPORATIONS CODE SECTION 12460-12466. (b) A regular
meeting of members shall be held annually.
18035. (a) "Unincorporated association" means an unincorporated group of
two or more persons joined by mutual consent for a common lawful purpose,
whether organized for profit or not.
CA Corp. Code TITLE 3. UNINCORPORATED ASSOCIATIONS Article 6. Dissolution
..18410-1842
18410. An unincorporated association may be dissolved
by any of the following methods:
(a) If the association's governing documents provide a method for dissolution,
by that method.
(b) If the association's governing documents do not provide a method
for dissolution, by the affirmative vote of a majority of the voting power
of the association.
(c) If the association's operations have been discontinued for at least
three years, by the board
or, if the association has
no incumbent board.
(d) If the association's operations have been discontinued, by court
order.
18100. The interest of a member in an unincorporated associations personal
property.
18105. An unincorporated association may, in its name, acquire, hold, manage, encumber, or transfer an interest in real or personal property.
18110. Property acquired by or for an unincorporated association is property of the unincorporated association and not of the members individually.
18115. The acquisition, transfer, or encumbrance of an interest in real property by an unincorporated association shall be executed by its president and secretary or other comparable officers, or by a person specifically designated by a resolution adopted by the association, or by a committee or other body or person authorized to act by the governing principles of the association.
Three questions remain unanswered,
1. One is, how did the control of property rights transfer to Weber Heights
water association?
2. By what legal documents are rights granted to the Association as a whole?
3. After looking at the 1968 through 1969 official records of survey, how
did an illegally drilled well on APN 571-040-002 get approved as part of
a State Small Water system? By means of deception and frauds DEH thought
the water source well was actually on APN 571-030-037 as was shown on well
driller's permit #16245. But in all reality DEH was lied to by the officers
of the failed non-profit association for over 20 years.
Within the Association bylaws,
How did a member become a member of either association?
In common rights appurtenant land related to the wells property do not come
with a membership in Weber ValleyWater Association. What legally recorded
documents forms the association real property holdings?
What document provides real property ownership rights that somehow legally
and then automatically granted membership rights into the two failed associations
according to bylaws?
If a membership in an association is personal property, how did the personal
property right of membership transfer with real property rights when membership
rights are not transferable.
_______________________________________________________________________________
CIVIL CODE SECTION 655-663
655. There may be ownership of all inanimate things which are capable of
appropriation or of manual delivery; of all domestic animals; of all obligations;
of such products of labor or skill as the composition of an author, the good
will of a business, trademarks and signs and of rights created or granted
by statute.
656. Animals wild by nature are the subjects of ownership, while living,
only when on the land of the person claiming them, or when tamed, or taken
and held in possession, or disabled and immediately pursued.
657. Property is either:
l. Real or immovable; or,
2. Personal or movable.
Conclusion, A well driller's permit
#16245 issued Feb. 27, 1990 in the name of Weber Heights association was not valid for
use at 44100 Ginger Circle, APN# 571-040-002 shown on the officially
recorded Records of Survey 53/40 as parcel #2. The 1969 Records of Survey 53/47 provides proof APN #
571-030-037 parcel #3 AKA 44135 Perryman Lane and APN# 571-040-002 53/40 AKA 44100 Ginger Circle were never one of the same properties prior to or thereafter Dec. 20, 1968 therefore
permit #16245 was not issued as a valid permit to any groundwater
source located at 44100 Ginger Circle as in the Reed's well.
