Weber Heights Association facts exposed
Introduction
Mr. Reed's chain of title to the 1968 Record of Survey 53/40 parcel #2 is pictured here. (EXHIBIT 1)
Legally granted
"Real Property Rights to 44100 Ginger Circle Hemet, CA
92544" do not name a Weber Valley Heights Association
as a benefactor. Three recorded Grant of Easement deeds
related to Mr. Reed’s
property and legal rights of authority thereto do not name a
Weber “anything” as being granted any rights of authority.
These files are from the County of Riverside real property
records
starting
12/1965 to
11/1968
(EXHIBIT 2)
Near the bottom on 7/30/1969 in yellow see the Thomas Johnson
to William
Schickles record as shown in exhibit 1
Starting from 7/1968 to 1/1970 (EXHIBIT
3)
The ledgers then go from 1/17/1970 to 5/19/1975. (EXHIBIT 4)
and then
6/3/1975 to 7/29/1977 (EXHIBIT
5) therefrom 6/1976 to 3/1979. (EXHIBIT 6)
Fraud
happened
This is
a list of real
property APN's related to those lies. (EXHIBIT 8)
The proceeding link
includes a short brief about a section of land in Riverside
County that is said
to be governed by a phony Home Owners Association, (HOA). The
official non-profit never materialized
per its 1973 foundation of Association documents.
My name is
Gregory Reed, my wife is Sherry Reed. Her and I
now own own Record of Survey 53/40 parcel #2 as per County
record #124200 recorded on 12/20/1968 APN
#571-040-002. The common address is now 44100 Ginger Circle
Hemet, CA. The property was once known as 44100 East Benton
Road. Exhibit 9 is a copy
of our Grant deed. (EXHIBIT
9). Our
real property has three separate grants of easement related to
the land.The three (3) grants of easements all run appurtenant
to the lands so named in each of the separately recorded
documents as seen in the order of recordings..
The
following three
files are those legally
recorded Grants of Easements.
1.) 1985 by
Charles Reed Jr. Based on fraud
as written in the 1973 bylaws at
Section 8 the claim of ownership of two wells.. In 1982
a meritless Lis
Pendens
action was filed and it resulted in this Grant of Easement.
The
easement absolutely and 100% fails to mention “Weber anything”
anywhere within
the document. (EXHIBIT 10)
2.) 1990 by
Charles Campbell In
May of 1990 the well was illegally drilled.
6/12/1992 for the first time and without the required permit,
a well pump was
fitted with 588 ft. of electrical wiring and 588 ft. of
pipeline then illegally
energize. (EXHIBIT
11)
3.) 1993 by
Ronald Mark Leusehen See California Regulations Related to
Drinking Water. Section 64216 states "Mutual Associations
Prohibited. No
state small water system which was not in existence on
11/12/1991 shall be
issued a permit to operate if the water supplier is an
unincorporated
association organized under Title 3 (commencing with Section
20000) of Division
3 of the Corporations Code". Why was this law not followed? (EXHIBIT 12)
These following officially recorded documents provide real property locations and sizes.
All of the plotted locations are a portion of the West 1/2 of the West 1/2 of Section 4 Township 7 in Riverside County CA.
12/3/1968 Record of Survey 53/37 doc. #117559 (EXHIBIT 13 )
12/20/1968 Record of Survey 53/40 doc. #124200 (EXHIBIT 14)
1/3/1969 Record of Survey 53/43 doc. #849 (EXHIBIT 15)
1/9/1969 Record of Survey 53/47 doc. #2420 (EXHIBIT 16)
1/20/1969 Record of Survey 53/51 doc. #5706 (EXHIBIT 17)
1/24/1969 Record of Survey 53/53 doc. #782 (EXHIBIT 18)
This
is where the frauds of Weber
Heights non-profit Association first started. (EXHIBIT 19)
On 10/18/1973 a group of people calling themselves "Weber
Height nonprofit
Association" held a meeting regarding its bylaws.
The group consisted
of land owners and wanted to be land owners, all of whom were
attempting to start a
non-profit Home Owners Association ((HOA).
For some reasoning they failed to complete the goals set forth
at that Oct.
18, 1973 meeting.
This very important
fact provides proof
the group leaders failed to register the non-profit with the Secretary of State
(EXHIBIT 7)
as stated, required
at page 2 and
thereby recorded in the 11/18/1973
foundation minutes.
Page 1 The name was stated to be Weber Heights non-profit Association. (EXHIBIT )
Page 2 Reading page 2, the intention clearly stated "This must be done before we can proceed any further". (EXHIBIT 23)
The fact is a valid
point od interest; as a legal
standalone entity the group did not possess ownership title
for the real
property as claimed in the 1973 bylaws.
Nor did the Association own recorded rights of authority to
control two wells or the water
rights thereto and/or any utility service rights to or from
real properties located within the
West 1/2 of the West 1/2 of Section 4.
Currently the County of Riverside Recorder’s Office records
100% fails to have any
recorded rights granting the association as a union any rights
to act in the
capacity that was noted within those 1973 incomplete bylaws or
the 2002 revised
bylaws and or the 2012 revised bylaws.
As mentioned above
the required
recording with the Secretary
of State
(EXHIBIT
7) never
happened, therefore, the initial association never took shape as
a recorded
non-profit, nor was it ever shown as a legally recorded CA 501 c
3 non-profit
within CA records..
However the Bylaws for Weber Heights Non Profit Association
were formulated and embedded with fraud.
Page 1. The
name of an Association is on page one. "Weber Heights
Non-profit
Association". (EXHIBIT
24)
Page 2. Legal
ownership to two wells did not exist then or now as was
claimed at section 8. (EXHIBIT 25)
Page 3. An
officer was missing from the board of directors as is required
within those
1973 official bylaws!
Weber Heights Non-profit bylaws were not completely agreed
upon. (see pg. 3)
Pg.3. (EXHIBIT
26)
The
result of the 1973 bylaws was a "DEFUNCT" association right
from the
start.
Note this
singular fact;
Moot Weber Heights Non-profit Association.
Without legally entitled or recorded real property rights from 12/1965 to 3/1979,
On 11/4/1982 After the failure to
form an official Weber Heights non-profit 501(c)(3)
association in 1973 and nine years later in 1982, a meritless
notice of Lis Pendens was filed on Charles Reed Jr's property
AKA 44240 East Benton as record #171171.
(EXHIBIT 27)
This is a fact; Weber Height nonprofit Association was not
named on Page 1 , Page 2 or Page 3. of the
action. (EXHIBIT
28)
Look at the named plaintiffs compared to the original 1973 founding
directors .
(EXHIBIT
29)
Note this fact, on 11/22/1982 Wilson and Loire Cantrell and Elater and Chalortt Wood become land owners 18 days after the Oct. 4, 1982 Lis Pendens was filed. (EXHIBIT 30)
Therefore this
question remains, what gave the the Cantrell's any rights to
join
the Lis Pendens? How did the rights to join the claim pass
prior to legally
entitled ownership rights of authority to real property
passed?
That fact alone provides proof the Lis Pendens was meritless
and anyone willing
to add their name into the action was allowed to do so.
3/131985 an Attorney's notice letter was delivered to property owners. (EXHIBIT 31) A copy of that letter is on file with DEH. The Weber Heights non-profit and the newly formed Weber Valley Heights Water Association are not named anywhere within that letter. Therefore, how did the rights to the well property pass to a defunct non existing Non-Profit Association? Simply stated, they didn't.
Grants of Easement fact #1
3/15/1985 Mr. 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. (EXHIBIT 32)
Mr. Charles Reed Jr. then sold his property. Note: Not all of the named grantees are the same as shown in that 10/4/1982 Lis Pendens. In my opinion, he, Mr. Charles Reed Jr., no relation to Greg or Sherry Reed was extorted into signing a grant of easement in order to sell his real property. As mentioned earlier Weber Heights Non Profit Association never possessed real property ownership rights as was claimed in those 1973 fraudulent based bylaws on pg. 2 at section 8. (EXHIBIT 25)
Legal Facts
11/3/1989 CA Water Code 13801 section 2.1.1 applies to all new wells. After May 1, 1990 Charles Campbell drilled a well at 44100 Ginger Circle, Record of Survey 53/40 par 2 APN # 571-040-002 without the required County DEH issued permit as shown in County of Riverside Ordinance 682 at Section 3 effective 12/31/1989.
County of Riverside ORDINANCE NO. 682 regulates the construction of new wells. At Section 3 are PERMIT REQUIREMENTS it states “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”.
A well permit
application was issued for 44135 Perryman Lane,
On 2/26/1990 an application for a well driller's permit was submitted to Riverside County Environmental Health (hereafter the DEH) for APN #571-030-037 AKA Deborah St Pierre's property. (EXHIBIT 33)
2/27/1990 that well driller's permit was issued for exclusive use on Deborah St Pierre's property, see the overhead of APN# 571-030-037. (EXHIBIT 34)
In 1989 the State of
California
Water resource control board adopted a model well ordinance.
Known as 13801 of
the CA Water Code 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 welfare of the people of the State 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,
"2 Permits 2.1 Permit Applications: 2.1.1 When Required: No
person shall
dig, bore, drill, deepen, modify, repair, or destroy a water
well, monitoring
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" end quote.
Does CA water laws apply to Reed's well?
.
Grants
of Easement #2 facts,
4/13/1990 Charles
Campbell signed a grant of easement for 44100 Ginger Circle
and 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
those granted rights. (EXHIBIT 35) As so noted,
benefactors of real
property rights that run appurtenant to land as shown in
EXHIBIT (A) there was
not one mention of a Weber anything. Why, what does that mean
other than the
non-profit was excluded as a benefactor having rights to enjoy
the granted
rights.
5/24/1990 the Grant of Easement by Charles Campbell was
recorded as document #191167.
Take note that being named in the return mail to area of a
Grant of Easement does not entitle
the named association as having benefactor rights of enjoyment
to those being legally transferred as per the documents.
4/1/1990 County
of Riverside ORDINANCE NO. 682 and CA Water Code 13801 were
not followed when
Lynch Wells Co. drilled a new "domestic use" well as shown on
a well
driller's report. The well was said to be located within the
parcel that permit #16254 was granted
for use on. The problem is a well drilled at 44135 Perryman
Lane where that permit
#16245 was issued for did not produce a working water well.
So what really happened was another un-permitted well was
drilled at APN 571-040-002 and it did produce a 9 gallon per
minute working well. The fact is 44100 Ginger Circle APN
#571-040-002 was not legally permitted as a location to drill
a new well. Therefore County of Riverside ordinance 682 and CA
Water code section 13801 Permit
2.1 Permit Application 2.1.1 when required should apply to
Reed's well.
For many years the
DEH may have
believed a well located at 44240 East Benton Hemet, CA was
owned by the defunct
Weber Heights Non-profit Association and it was located at
44135 Perryman Lane.
Look at this
picture, it is the well located at 44240 East Benton Rd. (EXHIBIT
36)
That pictured well house is not now, and never was legally any
portion of 44135
Perryman Lane, AKA Mrs. Deborah St Pierre and Mr. Robert
Franko's real property
address.
The DEH inspection reports related to this well have
continuously named the
location as 44135 Perryman Lane. Why, was it fraud?
In 1985 44240 East Benton was AKA Mr. Charles Reed Jr's property APN 571-040-004 as shown on the 1968 Record of Survey 53/40 parcel #4.
Foer many years it seems as if the DEH officials may have thought they were inspecting a well on parcel #571-030-037 AKA 44135 Perryman Lane when in all reality, they were inspecting APN #571-040-004 AKA the well truly located at 44240 East Benton Rd. South East corner as in the 1985 Mr. Charlie Reed's grant of easement real property location.
No matter how you draw the picture, the DEH officials could not have inspected something that does not exist at 44135 Perryman Lane as shown on the well driller permit application submitted on 2/26/1990 that resulted in that permit #16245 being issued on 2/27/1990.
This map is on file with the DEH, the fact is after 5/1990 a new and un-permitted well was illegally drilled and located at 44100 Ginger Circle APN# 571-040-002. (EXHIBIT 37)
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. (EXHIBIT 38)
Grants of Easement #3
On 9/11/1992 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 4/16/1993 as Pictured here. (EXHIBIT 39) Mr. Ronald Mark Leuschen did not grant rights to the entity known as one Weber anything 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.
After
review of the Grants of Easement and Reed’s Grant deed, this
question remains
unanswered:
"How and in what year did any real property rights transfer to
that
fictitious union being a standalone mutual benefit
association"?
Title
22 CA Safe Drinking Water Act
Chapter 14
Section 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. Prior to receiving
permit approval, a
state small water system which was not in existence on
November 12,1991 shall
demonstrate to the local health officer that sufficient water
is available from
the water system's sources and distribution storage facilities
to supply a
minimum of three gallons per minute for at least 24 hours for
each service
connection served by the system.
Where are the test results and records of those tests showing
44100 Ginger
Circle or APN 571-040-002?
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
created after
11/12/1991.
4/16/1993 Mr.
Ronald Mark Leuschen recorded explicit rights for use to his
real
property. (EXHIBIT 12)
Not one
of those rights named Weber Valley Heights Water Association
as a benefactor.
Why was WVHWA granted a permit to operate something it does
not own as a third
and independent party? Was fraud involved?
A Newly formed Association was named and it had new but very simular bylaws
On 7/13/2002 the
"revised" Association bylaws then showed a new name and that status "non-profit"
no longer existed.
(EXHIBIT 40)
The group formed was
a new mutual benefit association with new bylaws. California
Safe Water Act
64216 Mutual Association Prohibited after 11/12/1991. Why did
DEH issue the newly formed
association a permit to operate? One line at the bottom of
this exhibit letter provides
proof there was a new and second association. (EXHIBIT
41)
That letter stated "We will be on our own again" and it was
addressed
to the DEH by Mrs. Deborah St Pierre. The meaning behind that
quote implied they were on their own and without the DEH
intervention before they revised that newly named
mutual benefit association.
Sometime
in 2003 the two
following maps that are on file with DEH provided an accurate
number of water supply
hook-ups, map 1 and map 2 the maps show
that two completely separate systems existed in 2003. (EXHIBIT
42)
Jumping forward in time this document
written by Mrs.
Deborah St Pierre also
claims only three hook-up per the two as noted
separate systems that then existed. (EXHIBIT 43)
Some basic facts related to the Association.
Looking back at the 1973
Weber Heights Non-profit Association bylaws, compare them
to the
acting and revised 2002 WVHWA bylaws. There are two similar
yet different named
associations having similar but completely different bylaws Page 1. and Page
2.
(EXHIBIT 44)
9/11/2004 as
shown Weber Heights Non-profit Association was no longer the
name. (EXHIBIT 45
page 1)
A newly formed union of Weber Valley Heights Water Association was started. That new Association held a meeting on 9-11-2004 and held the elections of officers. (EXHIBIT 45 page 2)
Mrs. Deborah St Pierre was elected President of WVHWA in 2004; she failed her fiduciary duty to the association on 9/11/ 2006 by not calling for an election of a new board as required by the revised 2002 association bylaws.
As of 9/12/2006, an incumbent board representing
Weber Valley Heights Water Association no longer existed.
Mrs. Deborah St Pierre charade started 9/12/2006
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 bylaws for election. Her actions lasted from 9/11/2006 until 1/14/2012. Noting not one meeting was held between 2005 and 2012.
All legal documents
representing that
newly formed revised 2002 association that were signed
after 9/11/ 2006 by Deborah St Pierre, whereas she was
claiming to be President
of WVHWA, were in fact signed by means of deception. (EXHIBIT
46)
According to County of Riverside Ordinance 682 the State Small
Water Board Permit
#1790 should be revoked. The fact is: her elected term
as President of that
Association had expired 9/11/2006. Her new title any time
thereafter midnight
on 9/11/2006 was ex-President elect. The termination timeline
of the ex-President
elect status was governed according to those 2002 WVHWA
bylaws. (EXHIBIT 40)
More
and new frauds started on 9/11/2006
Mrs. Deborah St Pierre falsified documents to the DEH every
time she claimed
to be President of WVHWA after that date of 9/11/2006.
July 2010, to fulfill her own twisted plan,
Deborah St Pierre spent
unauthorized funds for advice from Attorney Alec Hershey 901 S
State St, Hemet
CA 92543.
I attended the meeting at the attorney’s office along with
Deborah St Pierre.
The fact is Alec
Hershey told both of
us, the association, as a standalone business, did not own any
rights to the
easements.
4/7/2010 Deborah St Pierre then somewhat related her
findings from the Attorney
Alec Hershey. (EXHIBIT 47)
4/15/2010 Deborah sent a letter to Beverly Heath. (EXHIBIT
48)
4/19/2010 Deborah wrote what her motive was,
"This member
making money the use of our water". (EXHIBIT 49)
4/23/2010 A total of 3 services connections per Reed’s well
was admitted.
(EXHIBIT 50)
Deborah St Pierre using USPS demanded a real property owner to follow her demand or legal and appurtenant granted recorded rights would be denied.
8/10/2010 Deborah
St Pierre claimed "We won't be in the state small water system
next
year". (EXHIBIT 51)
8/12/2010 Deborah
St Pierre wrote motive #2 "This member is making a
lot of money off
our water". (EXHIBIT 52)
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.
8/12/2010 Deborah
St Pierre delivered, by mail, a ballot without a time for
return asking should
members uphold bylaws. (EXHIBIT 53)
Hess voted and
Deborah St Pierre shared the tabulated ballot results. The
Hess property is NOT
listed as a benefactor of the grants of easement rights
therefore why did that
Hess opinion count for anything related to the easements.
(EXHIBIT 54)
I saw this letter as an attempt to extort Mrs. Beverly Heath
into complying
with Deborah St Pierre's wishes. Mrs. Beverly Heath owns
rights to the wells
and rights to the water storage easement. Mrs. Deborah St
Pierre knew the
Association did not own any rights to the well. She had been
informed by an
Attorney that the Association did not own rights to either of
the well. I was
there I know what the Attorney told the two of us. (EXHIBIT
55)
8/23/2010 It was
Deborah St Pierre claiming to be President who wrote and sent
the "Notice
of intention to terminate water service". (EXHIBIT 56)
The illegal ballots she sent out never mentioned "termination
of water
services.”
The Association did
not and does
not own a right to say how water is or is not used. Without
merit Mrs. Deborah St
Pierre claimed Heath was using water commercially. The 2002
revised bylaws
state the water rights shall run with the land. What gave the
association the
right to determine how water was used?
8/25/2010 thank
you for voting. (EXHIBIT 57)
Where is the correct property addresses within the DEH Inspection Reports from 2005 to 2015
9/1/2010 The DEH water
inspection noting the total hookups to the water system.
(EXHIBIT 58)
9/1/2010 pg. 2.
(EXHIBIT 59)
9/11/2010 legally
connected properties map. (EXHIBIT 60)
More Deceptions by Deborah St Pierre
9/13/2010 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. (EXHIBIT 60)
9/27/2010 Deborah
St Pierre sent a ballot trying to terminate Reed's water
service. (EXHIBIT 61)
10/14/2010 Deborah
St Pierre provided false information to a Riverside County
Sheriff. (EXHIBIT
62)
November 30,
2010
Without easement owner's voted or written approval, Deborah St
Pierre took it
upon herself and spent unauthorized funds at attorney Best,
Best and Kreger.
(EXHIBIT 63)
11/2/2010 Deborah
St Pierre planned to expand the rights granted within the 1990
Grant of
easement. . (EXHIBIT 64)
12/3/2010 Deborah
St Pierre spent un-authorized sums of money for Deborah St
Pierre's personal
research goals. (EXHIBIT 65)
1/2/2011 Deborah
St Pierre provides proof she believed the ballot was to
completely terminate
Heath's water. . (EXHIBIT 66) The ballot stated uphold
bylaws, the word terminate was not mentioned once on the
illegal ballot. On
January 11, 2011 Deborah St Pierre continued her non
authorized spending spree
without consideration of her actions.
September 5, 2011. This
document provides absolute proof of what I called an attempted
extortion as I
saw it. (EXHIBIT 67)
Mrs. Deborah St Pierre provided, if she'd, Mrs. Beverly Heath,
complied with
the terms of the disconnect notice, she would have approached
W.V.H.A members
and told us that she was pulling the marijuana plants and ask
us not to
terminate. The motives may have been revealed. The underlying
reasoning behind
the termination was in fact to make Mrs. Beverly Heath remove
marijuana plants
embedded in her legally owned real property Record of Survey
53/43 parcel #4.
2/3/2012
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. . (EXHIBIT 68)
Deborah St Pierre’s charade continued
Claiming to be the President of a defunct association, she continued her lies up to 1/14/2012 and even on that date she claimed she was President in order to call a meeting of the 2004 to 2006 defunct association.
On 1/14/2012 a group of people consisting of both renters and real property owners voted on a new board of directors. (EXHIBIT 69)
That group consisted of,
· Property renter, Eric Schaumberger, had seconded votes. He was a renter and not an easement rights owner.
· Property renter, Tina Ziegler, was also a non-easement right owner.
The Minutes from last meeting held on 9/11/2004 were dispersed and discussed. (EXHIBIT 70)
·
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. Is illegally drilling a
well without the
required permit considered a legal purpose?
CA Corp. Code TITLE 3 UNINCORPORATED ASSOCIATIONS
18410. An unincorporated association may be dissolved by any
of the following
methods
:
(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 association is
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.
These
questions remain unanswered
1. How did control of property rights transfer to the
union Weber
Heights water association without a legally recorded record
and documentation
granting rights of authority?
2. By what legal documents are any management rights
granted to the standalone
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 the DEH?
Was
it by means of deception and frauds?
Maybe the DEH thought
the water
source well was actually on APN 571-030-037 as was shown on
well driller's
permit #16245?
Or was it the DEH was lied to by the failed non-profit
association past members
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 WVHWA.
What legally recorded
document
granted the WVHWA real property control and/or rights of
authority control?
What document provides real property ownership rights that
somehow
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?
_______________________________________________________________________________
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 657
657. Property is either:
l. Real or immovable; or,
2. Personal or movable.
In Closing,
9/11/2004, as
mentioned before
and within this complaint, Mrs. Deborah St Pierre was elected
into the office
of President in order to represent WVHWA.
On 9/11/2006 her term in office expired. She had failed her
fiduciary duty to
call for a board meeting and elections prior to 9-11-2006. On
9-12-2006 the
Association was defunct and without the required officers as
stated in WVHWA
2002 revised bylaws. From 9/12/2006 to 1/18/2012 not one
additional election
was ever called.
5/21/2007 On the DEH
form
"Water System Emergency/Disaster Personnel and
Responsibilities"
by fraud Deborah St Pierre did in fact claim she was the
acting President and Treasurer of the association and there
was not a Secretary.
She lied on that form. As stated in the 2002 revised bylaws,
all officers need
to be voted as such and the term was for two years and not a
day more. Again,
one meeting in 2004 and the next was in 2012. What
association? Her term in office expired on 9/11/2006.
Therefore any and all actions by Mrs. Deborah St Pierre
whereas she claimed
such actions were for or on behalf of the Association after
the date of 9/12/2006,
were in fact a lie. As in CA civil code SECTION 3294-3296 She
had no rights of
authority in her tort actions of Mrs. Beverly Heath.
11/29/2011 Mrs. Deborah St Pierre claimed as the respondent in
Heath V. St Pierre .
(EXHIBIT 71)
She, Mrs. Deborah St
Pierre may
have in fact perjured herself CODE OF
CIVIL
PROCEDURE SECTION 2009-2015.6 by
claiming to be "President" of that defunct Association. (EXHIBIT 71 page 2 line 24)
I keep coming back to this fact, remembering her elected term
in office as
President had long since expired; it was from 9/11/2004 to
9/11/2006. Within
that same brief there are many other claims that are untrue
and absolutely
perjury.
Another fact is, Mrs. Deborah St Pierre additionally perjured
herself with each
and every single signing of official DEH documents after
9/12/2006 whereas she
still claimed herself as having title of WVHWA President.
The well driller's permit #16245 issued 2/27/1990 in the name
of Weber Heights
association was not valid for use at 44100 Ginger Circle,
APN# 571-040-002
as 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 12/20/1968
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.
The association being a single union as shown CA corp. Code 18000 to 18420 does not own my real property or the rights to manage my real property or the water therefrom.
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: (3) separate and completely different Grants of Easement provided 13 totally separate interest real properties appurtenant rights that run with the land. Those interests in common right are for the benefit of said land as provided in exhibit (A) of the recorded grant of easement rights. These are 3 entirely separate yet distinct and legally recorded grants of easement entitled rights. Not one of the easements granted any rights of enjoyment to the failed and defunct Weber Heights Non-profit Association.
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. One meeting held on 9-11-2004 and another
held on January 18,
2012 is not what would be called regular.
CA Corp
Code Section 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.
1. Illegally drilling a well is not a lawful purpose.
Riverside Ord. 682 CA
Water Code 13801
2. Without a legally issued building permit, running over 1000
foot of 220
voltage wires and illegally burring it is not a lawful
purpose. Riverside
County Building and Safety Code.
CA Corp
Code 5223.
(a) The superior court of the proper county may, at the suit
of a director, or
twice the authorized number (Section 5036) of 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.
County of Riverside
Ordinance 682
at Section 6 states EXPIRATION OR EXTENSION OF PERMIT
A. Each permit issued pursuant to this ordinance shall
expire and become
null and void if the work authorized thereby has not been
completed within six
(6) months following the issuance of the permit.
Well driller permit #16245 did not produce a working water well on the property the permit was issued for use on therefore it is null and void.
Section 7 PERMIT REVOCATION OR SUSPENSION. A. The Director may revoke or suspend a permit issued pursuant to this ordinance upon a finding that: 1. A determination of violation exists. B. A permit violation exists where any of the following conditions are present: 1.) The permit was issued in error. 2.) The permit was issued on the basis of incorrect information supplied by the permit tee.
State Small Water Board Permit #1790 is somehow based on well driller permit #16245 therefore, it too should be revoked according to County of Riverside Ordinance 682 at Section 7 B. (A) and (B) shown above.
I hereby and respectfully ask the DEH to take action and
please revoke that
State Small Water Board permit #1790 issued in the name of a
defunct,
fictitious, and non-existing other than by a fictitious
business name that is without
legal entitlement rights of authority.
Note this fact: The
February 27,
1990 well driller permit #16245 is not now, nor was it ever,
in any way related
to Reed's well location APN 571-040-002 AKA 1968 record of
Survey 53/40 parcel
#2.
As herein stated, the location of use for well driller permit
#16245 did not
produce a working water well at 44135 Perryman Lane APN#
571-030-037 1969
RECORD OF SURVEY 53/47 parcel 37 as shown on the permit
application dated
February 26, 1990 therefore, it should be considered void.
Why do the past the DEH well inspection reports from 2005 to
2010 name 44135
Perryman Lane as the location?
Was fraud involved? The true addresses of the wells are Haden’s well at 44240 East Benton Rd and Reed’s well at 44100 Ginger Circle.
Based
on facts therefore revealed within documentation listed and
named herein,
I hereby ask the DEH request the County of Riverside Attorney
General to please
review the facts included in this case and call a grand jury
to investigate all
of the frauds and illegal activates named herein as mentioned
within this
investigation and discoveries.
The three grants of easements and my grant deed provide 100%
proof Weber
Heights Non-profit Association and or Weber Valley Heights
Water Association
does not and did not own rights of entitlement for usage or
rights to control
the granted easement rights, nor did or does the Association,
as a standalone
union, have any rights to use or control use of my real or
personal property.
That State Small Water Board permit #1790 is issued in the name of a fictitious defunct Weber Valley Heights Association.
Somehow and for some unknown reason the well driller permit #16245 and SSWB permit #1790 were under false presentences incorrectly related to the well that is appurtenant my real property now known as Reed's well.
As proven herein the DEH made decisions based on frauds that were presented to DEH by one of the defunct as of 9-11-2006 association member who continued claiming she was the "President" 9/12/2006 to 1/14/2012.
Conclusion,
I
have without question and according to
the records herein, proven the State Small Water Board permit
#1790. and well
driller permit #16245 are not related to my property.
Seemingly the DEH has mistaken to somehow relate my real
property rights as belonging to the defunct Association.
The fact is: My address is commonly known as 44100 Ginger Circle Hemet CA 92544 AKA Record of Survey 53/40 APN 571-040-002 that was conveyed and recorded on our Grant deed dated April 25, 2007 as shown in exhibit 9. Fact: Not one record related to my property granted a "Weber anything" as a benefactor of enjoyment rights to my real property. (SEE EXHIBIT 1)
I hereby and respectfully, not only request, but absolutely and without question demand DEH officials to disassociate 44100 Ginger Circle from any permit issued to for and/or in the name of Weber Heights non-profit Association and/or Weber Valley Heights Water Association.
Thereafter I request DEH declare well driller permit #16245
that never manifest as a water producing well located at 44135
Perryman lane Record of Survey 53/47 APN #571-030-037 be known
as null and void.
According to Riverside County Ordinance 682
Section 6. EXPIRATION OR EXTENSION OF PERMIT.
A. Each permit issued pursuant to this ordinance shall expire
and become null and
void if the work authorized thereby has not been completed
within six (6) months following the issuance of the permit.
Therefore Ord. 682 well driller permit #16245 is void.
Furthermore I request SSWB Permit #1790 be revoked in
accordinace with County of Riverside Ordinance 682
Section 7. PERMIT REVOCATION OR SUSPENSION.
A. The Director may revoke or suspend a permit issued pursuant
to this ordinance
upon a finding that:
1. A determination of violation exists.
B. A permit violation exists where any of the following
conditions are present:
1. The permit was issued in error.
2. The permit was issued on the basis of incorrect information
supplied by the
permittee.
As 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.
Multiple
facts presented herein have proven
"Frauds happened"
The DEH issued permits based on some of those frauds.
Thank you.
