Weber Heights Association facts
exposed.
Introduction,
The Reed's grant deed
is the last in a chain of title transfers as seen in (EXHIBIT 1).
That exhibit 1 provides recorded title transfer document numbers and
dates related to the 1968 Record of Survey 53/40 parcel #2.
Those specifically recorded and legally granted real property Civil
Rights are to the commonly known address 44100 Ginger Circle Hemet,
CA 92544 and they did not name a Weber Valley Heights
Association as a benefactor anywhere per CA civil codes. There are
three separately recorded Grants of Easement deeds related to Mr.
Reed’s deeded real property rights and those three legally recorded
grant of easements rights of authority do not name a Weber Valley or
Weber Heights anything as being granted any rights of authority or
enjoyment of benefactor rights thereto the easements.
The following recorded files are copies of the archived records from
the County of Riverside real property records starting on12/1965 to
11/1968 (EXHIBIT
2) Near the bottom on 7/30/1969 in yellow Thomas Johnson
(Reed's predecessor, (seller)) signed a sale/purchase agreement with
William Schickles (buyer) See Exhibit 1. The next file is from
7/1968 to 1/1970 (EXHIBIT
3) The County of Riverside Recorder 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). From 12/1965 to3/1979 Weber Heights Non-profit did not
become an owner or a recorded benefactor of rights or authority to
any real property, so proven by the County of Riverside property
transfer ledgers. The fact remains those legally recorded County of
Riverside real property transfer records dated from 12/1965 to
3/1979 absolutely 100% failed to name Weber Heights Non-profit
Association anywhere.
After your careful review of the three Grants of Easements and
Reed’s Grant deed, try to answer these exceedingly important
questions;
1. How did any real property rights transfer to a fictitious
union as a singular standalone business entity?
2. What year did the recorded property rights transfer to the
HOA name?
3. What is the document number that Granted the mutual
benefit singular Home Owners Association ("HOA") rights of
authority?
4. Who granted any legally recorded rights of authority or
dominant control to the singular HOA?
5. Who are the operators of the business according to County of
Riverside doing business as (DBA) records per the official Office
of Recorder archived records?
Those questions remains unanswered because the legally recorded
transfer of rights to the singular standalone business never
happened.
Fraud happened,
Official records prove Weber Valley non-profit Association never
materialized per its 1973 foundation of Association documents.The
California Secretary of State provided absolute proof that
non-profit association had failed to follow the original 1973
foundation of formation statements. On 7/14/2014 this letter arrived
from the Office of California Secretary of State, (EXHIBIT 7).
This is a list of real property APN's related to multiple properties
herein question, (EXHIBIT 8)
the proceeding exhibit 8 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).
I am being extorted, let me prove it.
My name is Gregory Reed, my wife is Sherry Reed. Her and I now
own Record of Survey 53/40 parcel #2 as per County record #124200
recorded on 12/20/1968 seen as Assessors Parcel Number (APN
#)571040002 (Exhibit
9). The common address is 44100 Ginger Circle Hemet, CA. Our
real property has three separate grants of easement related to the
land. Those three (3) grants of easements run as an appurtenance to
the lands so named in each of the separately recorded documents as
seen in the order of recordings exhibit 10, exhibit 11 and exhibit
12.
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 merit-less 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 Leuschen 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.
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 19)
as stated, required at page 2 (EXHIBIT 20)
and thereby recorded in the 11/18/1973 minutes of foundation and
formation.
Page 1 The name was stated to be Weber Heights non-profit
Association. (EXHIBIT
21)
Page 2 Reading page 2, the intention clearly stated "This must be
done before we can proceed any further". (EXHIBIT 22)
That fact is a valid point of 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 group required recording its bylaws with the Secretary of State and that never happened, therefore, the initial association never took shape as a recorded non-profit, nor was the want to be HOA ever shown as a legally recorded CA 501 c 3 non-profit within the CA Secretary of State records.
However the Bylaws for the first association known as 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.
Without legally entitled or recorded real property rights from
12/1965 to 3/1979, Moot Weber Heights Non-profit Association.
Note these facts;
1.Those 1973 bylaws did not have a section that allowed for any new
member to join.
2.This is a plot map with locations of the original named 1973
directors and the related real properties. (EXHIBIT 27)
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 merit-less notice of Lis Pendens was filed on
Charles Reed Jr's property AKA 44240 East Benton as record
#171171. (EXHIBIT 28)
This is a fact; Weber Height nonprofit Association was not named on
Page 1
, Page 2
or Page 3.
of the action. 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; on 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 33)
Legal Facts
11/3/1989 CA Water
Code 13801 section 2.1.1 applied to all new wells.
Around May 1, 1990 Charles Campbell had a new well drilled at 44100
Ginger Circle AKA Record of Survey 53/40 par 2 APN # 571-040-002 and
he did so 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, 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”.
Note this fact; A well permit application was issued for 44135
Perryman Lane, AKA Record of Survey 53/47 par 3 APN # 571-030-037
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 34)
The following day 2/27/1990 a well driller's permit was issued for
exclusive use on what would eventually become Robert Franko and
Deborah St Pierre's property, see the overhead of APN#
571-030-037. (EXHIBIT 35)
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 thereby it states the mission of the board:
quote "1, Purpose and definitions: 1.1 INTENT OF ORDNANCE:
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, start quote
"This deed for grant of easement April 12, 1990, by Charles and
Joann Campbell to" end quote; Weber Heights Non-profit was not named
anywhere within those granted rights, (EXHIBIT 10).
As so noted, the benefactors of real property rights run appurtenant
to land as shown in EXHIBIT (A) and there was not one mention of a
Weber anything, therefore, moot Weber Valley Heights. Why and what
does that mean other than the non-profit was excluded as a
benefactor having rights to enjoy the granted rights.
It is undeniable on 5/24/1990 the Grant of Easement by Charles
Campbell was recorded as document #191167. However taking note of
that legal procedure per CA Civil Code being named in the return
mail to area of a Grant of Easement did not entitle that named
association as having benefactor rights of enjoyment to those being
legally transferred as per the documents therein after the words
"grants" and "to".
4/1/1990 County of Riverside ORDINANCE NO. 682 and CA Water Code
13801 were not followed when Lynch Quality Wells CO whom drilled a
new "domestic use" well at 44100 Ginger Circle. That new well was
erroneously said to be located within that parcel that permit #16245
was granted for use on. The 2 problems are, 1. that well drilled at
44135 Perryman Lane where permit #16245 was issued for use at did
not produce a working water well. 2. The properties were never one
of the same APN's as seen on the permit #16245.
See the locations map, (Exhibit 36).
Because the first two wells failed to produce water what really
happened was an un-permitted well was thereafter 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.
Additionally for many years the DEH may have believed the well
located at 44240 East Benton Hemet, CA was owned by the defunct
Weber Heights Non-profit Association and that it was located at
44135 Perryman Lane. Look at this picture, it is the well located at
44240 East Benton RD, (Exhibit
37).
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.
Why did DEH inspection reports (from 2005 to 2013)
related to two separate and distinct well real property locations
continuously name the location as 44135 Perryman Lane. Try to
answer the "why" question, was it fraud? Remember this single fact,
there is not a working well at that Perryman lane property and there
never was an owner known as Weber Valley Heights of that property.
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.
For 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 that well is truly located at 44240 East Benton Rd.
South East corner as seen and described in the 1985 Mr. Charlie
Reed's grant of easement real property location, (Exhibit 1). No
matter how you draw the picture, the DEH officials could not have
inspected something that does not now and did 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 as seen in exhibits incorporated hereto.
This map is on file with the DEH and the fact remains that after May
1,1990 a new and un-permitted well was illegally drilled at 44100
Ginger Circle APN# 571-040-002. Then in 1992, for the first time, a
permanent pump was installed in the well on parcel 571-040-002
thereby completing the domestic well drilled by Lynch wells CO. (Exhibit
38).
Grants of Easement #3
On 9/11/1992 Ronald Mark Leuschen signed a road and water tank
"Grant of Easement" # 227694 thereby he was creating rights to and
for a new water storage system. The grant was recorded on 4/16/1993
the tank is 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.
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 any tests showing an address of 44100 Ginger Circle for 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.
On 4/16/1993 Mr. Ronald Mark Leuschen recorded explicit rights for
use to his real property. Not one usage right 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?
July 2002 a newly formed Association took shape thereby calling
itself "Weber Valley Heights Water Association", it had new, yet
very similar bylaws to the original 1973 defunct Weber Heights
Non-profit Association.
On 7/13/2002 that "revised" new Association bylaws clearly showed a
new name and its status of "non-profit" was thereby removed.
After 7/13/2002 that original defunct non-profit mutual benefit
association completely failed to exist, (EXHIBIT
41). The recently changed land owners had formed a
completely new mutual benefit association having new bylaws
thereby reverting back to the California Safe Water Act, 64216
Mutual Association Prohibited after 11/12/1991.
Why did DEH issue
that newly formed association a permit #1790 to operate?
One line at the bottom of the next exhibit letter provides proof
there was a new and second association, (EXHIBIT 42). That
letter states "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 without the DEH intervention before
they revised and created 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 43)
Jumping forward in time that document (EXHIBIT 40) written
by Mrs. Deborah St Pierre also claims only three hook-up to two
separate systems as was noted that then existed.
Some basic facts related to the
Association.
With the
1973 Weber Heights Non-profit Association bylaws in hand compare
them to those acting and revised 2002 WVHWA bylaws in the other
hand. There are two similar but different names of associations
having similar yet completely different bylaws see page 1, 2.
and page 3 of the 1973 bylaws,
(EXHIBIT 44).
You'll
see as of 9/11/2004 Weber Heights Non-profit Association was no
longer the name, it changed to Weber Valley Heights Water
Association page 1 and page 2,
(EXHIBIT 45).
The newly formed union of Weber Valley Heights Water Association
held a meeting for elections of officers on 9-11-2004 and 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, (EXHIBIT
45).
As of 9/12/2006, the 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, may have 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.
Not one meeting of the newly formed
2004 Association 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 because of misleading
information provided by the permittee. The fact is: Deborah St
Pierre's elected term as President of that second 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.
Every single time thereafter 9/11/2006 whereas
Mrs. Deborah St Pierre claimed she was president of the
association she in fact was falsifying documents and that includes
those addressed to DEH whereas she was officially claiming to be
that President of WVHWA..
Many years later in July 2010 Deborah St Pierre took it upon herself
to fulfill a twisted plan to stop Beverly Heath from using her
entitled and recorded rights to easements. She, Deborah St Pierre
spent unauthorized money from the property owners funds in order for
her to get legal advice from the Attorney Alec Hershey, 901 S State
St, Hemet CA 92543. I, Greg Reed attended that meeting at the
attorney’s office along with Deborah St Pierre, the fact is; Alec
Hershey told both of us, that the association being a standalone
business known by the name of Weber Valley Heights Water Association
did not own any rights of authority or rights to control use of the
easements rights so granted and his exact statement was "absent be
the norm" as seen in the easements.
The following provable facts followed
that meeting,
On 7/7/2010 Deborah St Pierre only somewhat related her fact
findings mission as explained by the Attorney Alec Hershey, (EXHIBIT 47).
Deborah St Pierre crime wave
started after the meeting.
On 4/15/2010 Deborah sent a letter to Beverly Heath, (EXHIBIT 48).
Then on 4/19/2010 Deborah St Pierre by her own hand wrote what her
motive was, "This member making money the use of our water", (EXHIBIT 49).
She had written a letter to DEH whereas she claimed 4/23/2010
3 services connections from Reed’s well was the total, (EXHIBIT 50).
However when compared to the DEH emergency response files from 2007
she lied and claimed 6 connection per well existed. She had
forgotten her own lie and probably figured the files were gone
forever.
Deborah St Pierre using USPS demanded a real property owner
Beverly Heath to follow her, Deborah St Pierre's demand or the
legally appurtenant granted recorded rights to easements belonging
to Beverly Heath that run as an appurtenance of her land would be
denied by the defunct Weber Valley Heights Water Association.(EXHIBIT 51)
8/10/2010 Deborah St Pierre claimed "We won't be in the state small
water system next year", (EXHIBIT 52).
8/12/2010 Deborah St Pierre wrote motive #2 "This member is making a
lot of money off our water".
Deborah St Pierre sent out ballots that failed to conform to CA
Corp. Code and it was not authorized at a meeting or by a ballot
sent to rights of easement owners.
8/12/2010 Deborah St Pierre delivered, by mail, a ballot without a
time for return asking should members uphold bylaws. (EXHIBIT 53)
The land owner named Hess voted and Deborah St Pierre shared the
tabulated ballot results having counted the Hess vote a valid.
However the Hess property is NOT listed as a benefactor of the
grants of easement rights, therefore one needs to ask, why did the
Hess opinion count for anything related to the easement owners
business. (EXHIBIT
54)
I saw this following letter as an
attempt to extort Mrs. Beverly Heath into complying with Deborah
St Pierre's wishes, (EXHIBIT 55).
Mrs. Beverly Heath owns rights to the wells and rights to the water
storage easement. Mrs. Deborah St Pierre knew the union as a
singular fictitious business 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 wells. I was there I know what the Attorney
told the two of us.
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 ballots she, Deborah St Pierre sent by mail never mentioned
"termination of water services.” As mentioned the singular
Association did not and does not own rights 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. Try to answer what documents gave
Weber Valley Heights Water Association CA Civil Rights to determine
how water is or was used?
8/25/2010 thank you for voting. (EXHIBIT 57)
Where are the correct property addresses within the DEH
Inspection Reports from 2005 to 2015?
9/1/2010 The DEH water inspection note 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 this 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 61).
9/27/2010 Deborah St Pierre sent a ballot trying to terminate Reed's
water service, (EXHIBIT
62).
10/14/2010 Deborah St Pierre provided false information to a
Riverside County Sheriff, (EXHIBIT 62).
11/30/2010 Without easement owner's voted or written approval,
Deborah St Pierre took it upon herself and spent unauthorized
funds at attorney Best, Best and Krieger. (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.
9/5/2011. This document provides absolute proof of what I called an
attempted extortion as I saw it, (EXHIBIT 67).
Mrs. Deborah St Pierre provided in writing, "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 by her claiming to be the
President of a defunct association, she maintained her lies up to
1/14/2012 and even on that date she claimed proclaimed she was the
President calling a meeting to order. The last meeting was held
September 11, 2004 as of September 11, 2006 that elected board of
association went defunct .
On 1/14/2012 a new group of people consisting of both renters and
real property owners convened, (EXHIBIT 69).
That group consisted of,
•Property owner Dan Spears, book/map 53/53 parcel -1
•Property owner Debbie St. Pierre, Bob Franko book/map 53/47 parcel
-2 and 3
•Property owner Sherry Reed parcel 53/40 parcel book/map 53/40
parcel -2
•Property owner Leroy and Janice Smith book/map 53/51 parcel -1
•Property owner Gary Boer book/map 53/43 parcel -2
•Property owner Jeff Hall book/map 53/53 parcel -4
•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.
CORPORATIONS CODE SECTION 12460-12466. (b) A regular meeting of
members shall be held annually.
The Minutes from last meeting held on 9/11/2004 were dispersed and
discussed, (EXHIBIT
70).
No bylaws were adapted for the new group consisting of both real
property rights owners and the property renter who moved motions as
noted by Tina Ziegler whom somehow without a vote was appointed as a
temporary Secretary. The meeting on January 14, 2012 adjourned at
2:10 pm. That day a new group was formed without bylaws and
without a new name. Two previous association's existed, one being
Weber Heights Non-profit Association and the other association was
known as Weber Valley Heights Water Association however that
association was no longer functioning as a valid unincorporated
associations that was following those 2002 revised bylaws after
September 11, 2006.
Is illegally drilling a well without the
required permit considered a legal purpose?
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.
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.
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.
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
DEH that 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 authorized in the Grants of Easements run as an
appurtenance to those lands related to the property named in each
Exhibit (A) per the separately recorded grants of easement and those
rights 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.
_______________________________________________________________________________
Closing remarks,
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
remembering and coming back to this single point of interest
fact, 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 Exhibit 71 there are many other claims that
are untrue and absolute perjury of facts.
Another fact, 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: three (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. RIV CO
ORD. 682 and 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 permittee. 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 pretenses 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 submitted herein proven the State Small Water Board permit #1790 and well driller permit #16245 are not related to my property.
Seemingly and for unknown reasoning the County of Riverside Department of Environmental Health has mistaken and
thereby related my real property rights as somehow belonging to a defunct yet
dysfunctional Weber Valley Heights Water Association.
Who is the makeup of Weber Valley Heights Water Association?
Those persons acting as a business calling itself "Weber Valley Heights Water Association" remains in violation of CA Business and Professions Code section 17900-17930 specifically at section 17910.
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, as was conveyed by a Grant deed officially recorded April 25,2007.
Not one officially recorded County record related to my property granted a "Weber anything" benefactor of enjoyment rights for use to or of 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.
Hereinafter, I request DEH declare well driller permit #16245,
that never manifested a water producing well appurtenant to 44135 Perryman lane Record of Survey 53/47 par 3
APN #571-030-037 be declared and thereafter 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. Thereby RIV CO ORD 682 the
well driller permit #16245 is void.
Furthermore I request that SSWB Permit #1790 be revoked in accordance
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" and DEH issued
permits based on incorrect information
and some of those frauds are beyond a shadow of doubt proven
herein.
Thank you.