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)
The legally granted "Real Property Rights to 44100 Ginger Circle Hemet CA
92544" did not name a Weber Valley Heights Association
as benefactor. The 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 rights of authority.
These files are from the County of Riverside real property transfer records starting
at
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)
The California Secretary of State provided absolute proof
the non-profit association failed to follow the original 1973 foundation of
formation and bylaws.
On July 14, 2014 this letter
arrived. (EXHIBIT 7)
Fraud
happened
This is a list of real property APN's related
to those lies. (EXHIBIT 8) That link to the left includes a short
brief about a section of land in Riverside County that was said to be governed
by a phony Home Owners Association (HOA) that never materialized per its 1973
foundation of Association documents.
I own Record of Survey 53/40 parcel #2 record #124200 recorded on DEC 20, 1968 APN #571-040-002 common address of 44100 Ginger Circle Hemet CA. This is a copy of my Grant deed. (EXHIBIT 9) The real property has three separate grants of easement related to the land.
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 was meritless.
In 1982 a Lis Pendens action was filed and it resulted in this Grant of Easement.
The easement absolutly and 100% fails to mention Weber Heights anywhere within the document. (EXHIBIT 10)
2. 1990 by
Charles Campbell In May of 1990 the well was illegall drilled. June 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 November 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)
The following officially recorded documents provide real property locations and sizes.
All of the following maps are
a portion of the West 1/2 of the West 1/2 of Section 4 Township 7 in Riverside
County CA.
Dec. 3, 1968 Record of Survey 53/37 doc. #117559 (EXHIBIT 13 )
Dec. 20, 1968 Record of Survey 53/40 doc. #124200 (EXHIBIT 14)
Jan. 3, 1969 Record of Survey 53/43 doc. #849 (EXHIBIT 15)
Jan. 9, 1969 Record of Survey 53/47 doc. #2420 (EXHIBIT 16)
Jan. 20, 1969 Record of Survey 53/51 doc. #5706 (EXHIBIT 17)
Jan. 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 October 18, 1973 a group of people calling themselves
"Weber Height nonprofit Association" held a meeting regarding its
bylaws.
That
group consisted of land owners and wants to be land owners. They were trying to
start a non-profit Home Owners Association.
Somehow they failed to complete the goals set at that
meeting.
The first very important fact is the group leaders failed to
register the non-profit with the Secretary of State (EXHIBIT 7)
as stated on page 2 (EXHIBIT 20) of the Oct. 18 foundation minutes. (EXHIBIT 21)
The Second fact is, as a legal standalone entity the group did
not possess ownership title for any real property.
Nor did it own recorded rights of authority to control two wells or the water
rights thereto and or utility service rights to real properties located in the
West 1/2 of the West 1/2 of Section 4.
The County Record Office records 100% fails to have any recorded rights granting the
association as a whole any rights to act in the capacity that was noted within
those 1973 incomplete bylaws or the 2002 revised bylaws.
Page 1 The
name is Weber Heights non-profit Association. (EXHIBIT 22)
Page 2 Reading page 2, the
intention clearly stated "This must be done before we can
proceed any further". (EXHIBIT
23)
As Mentioned on page 2 above a 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.
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.
Those 1973 bylaws did not have a section that allowed for any new member to join. This is a plot map with locations of the original named 1973 directors and the related real properties. (EXHIBIT 27)
Moot Weber Heights Non-profit Association.
Without legally entitled or recorded real property rights,
October
4, 1982 Nine years later a notice of Lis Pendens was filed 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)
October 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)
What gave them the rights join the Lis Pendens? How did the rights
to join the claim pass prior to legally entitled ownership rights of authority to
the real property passed?
That fact alone provides proof the Lis Pendens was meritless and any anyone
willing to add their name to into the action was allowed to do so.
March 13, 1985 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
March 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 was in the that October 4, 1982 lis pendens. In my opinion, he, Mr. Charles Reed Jr. was extorted into signing a grant of easement in order to sell his real property. Weber Heights Non Profit Association never possessed the real property ownership rights as was claimed in those 1973 fraudulent based bylaws on pg. 2 at section 8. (EXHIBIT 25)
Grants of Easement fact #2
November 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 Count DEH issued permit as shown in Riverside Ordinance 682 at Section 3 effective Dec. 31, 1989.
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 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”.
Permit Application for 44135 Perryman Lane
February 26, 1990 an application for a well driller's permit was submitted to Riverside County Environmental Health for APN #571-030-037 AKA Deborah St Pierre's property. (EXHIBIT 33)
February 27, 1990 a well driller's permit was issued for 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, quote
"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 that law apply to Reed's well?
.
Grants of Easement #2
April 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 non-profit. Why what does that mean other than the
non-profit was excluded as a benefactor having rights to enjoy the granted
rights.
May 24, 1990 the Grant of Easement by Charles Campbell
was recorded #191167. Being named in the return mail to area of a Grant of
Easement does not entitle the named as having benefactor rights of enjoyment
being transferred.
May 1990 Riverside
County ORDINANCE NO. 682 and CA Water Code 13801 were not followed and Lynch
Wells Co. drilled a new "domestic use" well as shown on a well
driller's report to be located within the parcel that permit #16254 was granted
for use on. The problem is a well drilled at 44135 Perryman lane as permit
#16245 was issued for did not produce a working water well.
Another 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 un-permitted as a location to drill for water. Water code
section 13801 Permit 2.1 Permit Application 2.1.1 when required should apply to Reed's well.
For many years DEH may have believed this "water well
location" was owned by the defunct Weber Heights 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 located at 44135 Perryman
Lane, AKA Mrs. Deborah St Pierre and Mr. Robert Franko's real property address.
DEH inspection reports related to this well have continuously named the
location as 44135 Perryman Lane. Why?
In 1985 the real property was AKA as Mr. Charles Reed Jr's property APN 571-040-004 as shown or the 1968 Record of Survey 53/40 parcel #4.
It seems as if DEH officials may have thought they were inspecting a well on parcel #571-030-037 when in all reality, they were inspecting the well at 44240 East Benton Rd. as in the 1985 Mr. Charlie Reed's grant of easement property. <
No matter how you draw the picture DEH could not have inspected something that does not exist at 44135 Perryman Lane as shown on permit #16245.
This map is on file with DEH, the fact is in May of 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 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 as Pictured here. (EXHIBIT 39) Mr. Ronald Mark Leuschen 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.
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.
May 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 Name with New Bylaws
July 13, 2002
The "revised" Association Bylaws now show a new name
and that the status as a non-profit no longer exist. (EXHIBIT 40)
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? One line at
the bottom of a letter provides proof this was a second association.
(EXHIBIT 41)
That letter stated "We be on our own again" and it was addressed to
DEH by Mrs. Deborah St Pierre. The meaning behind that quote may have been we
were on our own and without DEH before we revised the newly named Association.
Sometime in 2003 the two following maps 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 Weber Valley Heights Water Association Bylaws. There are two
similar yet different named associations having similar but completely different
bylaws Page 1. and Page 2.
(EXHIBIT 44)
September 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 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. Noting not one meeting was held between 2005 and 2012.
All legal documents representing that newly formed revised
2002 association that were signed after September 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 ORD. 682 the State Small Permit 1790 should be
revoked. The fact is her elected term as President of that Association
had expired on 9-11-2006. Her new title any time thereafter midnight on 9-11-2006 was ex-President elect. The termination timeline of the past President elect status
was governed according to those 2002 Weber Valley Heights Water Association
bylaws. (EXHIBIT 40)
More and new frauds started on
September 12, 2006
Mrs. Deborah St Pierre falsified documents to the Department of Environmental
Health every time she claimed 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 Hershey 901 S State St,
Hemet, CA 92543.
July 7, 2010 Deborah St Pierre
then related her findings from the Attorney Alec Hershey. (EXHIBIT 47)
July 15, 2010 Deborah sent a
letter to Beverly Heath. (EXHIBIT 48)
July 19, 2010 Deborah wrote
what her motive was, "This member making money the
use of our water". (EXHIBIT 49)
July 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.
August 10, 2010 Deborah St
Pierre claimed "We won't be in the state small water system next
year". (EXHIBIT 51)
August 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.
August 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 illegal ballot results. Hess is not listed as a well rights owner. (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 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)
August 23, 2010 it was
Deborah 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". Even if they did the Association does not own a right to say
how water is or is not used and Mrs. St Pierre claimed Heath was using water commercially.
August 25, 2010 thank you for
voting. (EXHIBIT 57)
Where is the correct property addresses within DEH Inspection Reports from 2005 to 2015
September 1, 2010
Water inspection noting the total hookups to the water system. (EXHIBIT 58)
September 1, 2010 pg. 2. (EXHIBIT
59)
September 1, 2010
legally connected properties map. (EXHIBIT 60)
More Deceptions by Deborah St Pierre
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. (EXHIBIT 60)
September 27 2010 Deborah St
Pierre sent a ballot trying to terminate Reed's water service. (EXHIBIT 61)
October 14, 2010 Deborah St
Pierre provided false information to a Riverside County Sheriff. (EXHIBIT 62)
November 30, 2010 without easement owner's approval Deborah St Pierre spent
unauthorized funds at attorney Best, Best and Kreger. (EXHIBIT 63)
November 2, 2010 Deborah St
Pierre planned to expand the rights granted within the 1990 Grant of easement. . (EXHIBIT 64)
December 3, 2010 Deborah St Pierre spent un-authorized sums of money for
Deborah's personal research goals. (EXHIBIT 65)
January 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 call an extortion as
I saw it. (EXHIBIT 67)
Mrs. 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.
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. . (EXHIBIT 68)
Deborah St Pierre’s charade continued
Claiming to be the President of a defunct association, she continued her lies up to January 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 January 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 he seconded votes and was a non-easement association right owner.
· Property renter Tina Ziegler was also a non-easement right owner.
The Minutes from last meeting held on September 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 and control 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 Department of Environmental Health?
Was it by means of deception
and frauds?
Maybe 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 that 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 Weber Valley Water 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?
_______________________________________________________________________________
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,
September 11, 2004 as mentioned before and within this
complaint, Mrs. Deborah St Pierre was elected into the office of President in
order to represent Weber Valley Heights Water Association.
On September 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
Weber Valley Heights Water Association 2002 revised bylaws. From 9-12-2006 to
January 18, 2012 not one additional election was ever called.
On June 21, 2007 The Departmental Health form "Water
System Emergency/Disaster Personnel and Responsibilities" claimed she was
President and Treasure of the eassociation and there was not a Sceretary. She
lied on that form. As stated in the 2002 revised bylaws all officers need to be
voted as such according to the bylaws and the term was for two years not a day
more. Again one meeting in 2004 and the next was in 2012.
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.
On November 29, 2011 wherein 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 September 11, 2004 to September
112006. 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 Feb. 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 Dec. 20, 1968 therefor 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 of interest in common for the benefit of said land as in exhibit (A) of the recorded rights being those separate 3 distinct and legally recorded grants of easement and not one of the easements granted rights 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.
Riverside County 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 permit #16245 therefore it too should be revoked according to County Ordinance 682 at Section 7 B. (A) and (B) shown above.
I hereby and respectfully ask DEH to take action and please revoke that State
Small Water Board permit #1790 issued in the name of a defunct, fictitious non-existing
other than in name, without legal entitlement rights of authority Weber Valley
Heights association.
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 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 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 DEH request the County of Riverside Attorney General to please
review the fact 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.
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.
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 permit #1790 is issued in the name of the defunct Weber Valley Heights Association yet somehow and by some unknown reason the permit was and is incorrectly related to the well that is appurtenant my real property now known as Reed's well.
As proven herein 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 proven permit #1790 and #16245 seemingly were mistaken as to somehow be related to Record of Survey 53/40 APN 571-040-002. That real property address is commonly known as 44100 Ginger Circle Hemet CA 92544 as was conveyed on Reed’s Grant deed in April 2007 as shown in exhibit 9.
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.
