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 7/14/2014 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 12/20/1968 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 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)
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.
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. 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 11/18/1973 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 of Riverside Recorder’s 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,
11/4/1982 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)
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)
What gave them the rights to 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 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. 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)
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 (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
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 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,
"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
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 #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.
4/1/1990 County
of Riverside 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 but it 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 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 known as 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?
In 1985 the real property was AKA 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 the 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, 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 Name with New Bylaws
7/13/2002 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 11/12/1991. Why did the 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 will be on our own again" and it was addressed
to the DEH by Mrs. Deborah St Pierre. The meaning behind that quote may have
been we were on our own and without the 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 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.
On 5/21/2007 The DEH form
"Water System Emergency/Disaster Personnel and Responsibilities"
claimed she was 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?
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.
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 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 record herein proven the State Small Water Board permit #1790 and well driller permit #16245 seemingly was mistaken as to somehow be related to Record of Survey 53/40 APN 571-040-002. My real property address is commonly known as 44100 Ginger Circle Hemet CA 92544 as was conveyed on our Grant deed dated April 25, 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.
