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 easement granted rights to the failed and
defunct Weber Heights Non-profit Association. Dec. 3,
1968
Record of Survey 53/37 doc. #117559 Dec. 20,
1968
Record of Survey 53/40 doc. #124200 Jan. 3,
1969
Record of Survey 53/43 doc. #849 Jan. 9,
1969
Record of Survey 53/47 doc. #2420 Jan. 20,
1969
Record of Survey 53/51 doc. #5706 Jan. 24,
1969
Record of Survey 53/53 doc. #782
1. 1985 by Charles Reed Jr.
2. 1990 by Charles Campbell
3. 1993 by Ronald Mark Leusehen
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 proof Weber Heights
and or Weber Valley Heights 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 union have any rights to use or control use of my real
or personal property. Therefore I ask DEH to please revoke permit #1790 that
is issued to a Weber Valley Heights Association as that permit related to
my real property illegally.
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.
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.
The following officially recorded documents provide real property
sizes.
All mapped locations are a portion of the West 1/2 of the West 1/2 of Section
4 Township 7E in Riverside County CA.
This is where the failure of Weber Heights non-profit Association
first started..
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 want to be land owners. All of them
were trying to start a non-profit Home Owners Association. One very important
fact is the group leaders failed to register the non-profit with the Secretary
of State as stated on page 2 of the Oct. 18 foundation minutes. Therefore
as a legal standalone entity it did not have an ownership right of authority
to control wells or water services or to act in the capacity as noted within
those 1973 incomplete bylaws or the 2002 revised bylaws.
Page 1
The name is Weber Heights non-profit Association
Page 2
Reading page 2, the intention clearly stated "This
must be done before we can proceed any further".
The recording with the Secretary of State never happened, therefore the initial association never took shape as a recorded non-profit nor was it ever shown as a legally recorded non-profit having ownership right to real property as an association having authority of ownership within the County of Riverside.
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.
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.
What gave them the rights join the lis pendens? How did that right to join
the claim pass without ownership rights to the real property?
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 and Weber Valley is not named in that letter. How did the rights to the well property pass to the defunct Association? They didn't.
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. 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 fraudulently claimed in those 1973 fraudulent based bylaws on pg. 2 at section 8 .November 3, 1989 CA Water Code Section 13801 section 2.1.1 applies to all new wells. In May of 1990 Charles Campbell drilled a well on parcel 53/40 par 2 without a permit.
Riverside County ORDINANCE NO. 682 (AS AMENDED THROUGH 682.4) An ordinance in the COUNTY OF RIVERSIDE regulating the construction of wells. Section 3. PERMIT REQUIREMENTS. A. No person or entity, or agent, contractor, subcontractor, representative, or employee thereof, shall dig, drill, bore, drive, reconstruct or destroy (1) a well that is to be, or has been, used to produce or inject water, (2) a cathodic protection well, (3) a monitoring well or (4) geothermal heat exchange well, without first filing a written application to do so with the Department, and receiving and retaining a valid permit as provided herein.
February 26, 1990 an application for a well driller's permit was submitted to Riverside County Environmental Health for APN #571-030-037. AKA Deborah St Pierre's property.
February 27, 1990
a well driller's permit was issued for Deborah St Pierre's property
APN# 571-030-037
.
In 1989 the State of California Water resource control board adopted
a model well ordinance. Known as Section 13801 of the CA Water Code. At
Section 1.1 is states the mission of the board, quote "1 Purpose and definitions:
1.1 INTENT OF ORDENANCE: It is the purpose of this general 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.
April 13,
1990
Charles Campbell signed a grant of easement for 44100 Ginger Circle AKA
APN# 571-040-002
. After the words, "This deed for grant of easement April 13, 1990 by Charles
and Joann Campbell to", Weber Heights Non-profit was not named anywhere within
the granted rights as a benefactor of those real property rights.
May 24, 1990
the Grant of Easement by Charles Campbell was recorded #191167.
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 that property 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
For many years DEH believed the "water well location" was owned by Weber Heights and it was located at 44135 Perryman Lane APN # 571-047-037 AKA Mrs. Deborah St Pierre and Mr. Robert Franko's. 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 AKA Mr. Charles Campbell's property. DEH officials may have thought they were inspecting a well on parcel #571-030-037 when in all reality it was inspecting the well at 44240 East Benton Rd. as in Mr. Charlie Reed's or Mr. Charles Campbell's well location.
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.
In 1992 for the first time a permanent pump was installed in the well on
parcel 571-040-002 thereby completing the domestic well as shown on a well
driller's report and within an invoice written by Lynch wells Co..
On September 11, 1992 Ronald Mark Leusehen signed a road and water tank
"Grant of Easement" # 227694 thereby creating rights to and for a new water
storage system. The grant was recorded on May 16,
1993
. Mr. Ronald Mark Leushen 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.
Ask yourself this question, "how and
in what year did those real property rights transfer to the union of that
stand alone mutual benefit association"?
Title 22 Chapter 14 64211. Permit Requirement. (c) A
change in ownership of a state small water system shall require the submission
of a new application.
64215. Water Supply Requirements. 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 Leushen recorded explicit rights for use to his real property.
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? Fraud.
July 13, 2002
The "revised" Association Bylaws now show a
new name and that the status as a non-profit no longer exist
. This was a new mutual benefit association with new bylaws. California
Safe Water Act 64216 Mutual Association Prohibited after November 12, 1991.
Why did DEH issue the association a permit to operate? One line at the bottom
of a letter provides proof this was
a second association
that had started. I quote "We be on our own again" 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.
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 betweeen 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 decption.
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 was ex-President elect after the
termination timeline of elected President status according to the 2002 bylaws.
Mrs. Deborah St Pierre falsified documents to the Department of Environmental
Health everytime ashe was 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 Harshey 901 S State St, Hemet, CA 92543.
July 7, 2010
Deborah St Pierre then related her findings from the Attorney Alec Harshey.
July 15, 2010
Deborah sent a letter to Beverly Heath.
July 19, 2010
Deborah wrote what her motive was, "This member making
money the use of our water".
July 23, 2010
Total services connections are admitted.
Deborah St Pierre sent out ballots that failed to conform to CA Corp. Law and not authorized at a meeting or by ballot by the well owners.
Deborah St Pierre using the USPS sent a letter demanding a property owner
to follow her demand or the legal and appurtenant granted recorded rights
would be denied.
August 10, 2010
Deborah St Pierre claimed "We won't be in the state small water system
next year".
August 12, 2010
Deborah St Pierre wrote motive #2 "This member is making
a lot of money off our water".
August 12, 2010
Deborah St Pierre delivered by mail a ballot without a time for return
asking should members uphold bylaws.
Hess voted
and Deborah St Pierre shared the tabulated illegal ballot results. Hess
is not listed as a well rights owner.
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.
August 23, 2010
it was Deborah who wrote and sent the "Notice of intention to terminate
water service". 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 commerically.
August 25, 2010
thank you for voting
September 1, 2010
Water inspection noting the total hookups to the water system
September 1, 2010
pg. 2
September 1, 2010
legally connected properties map.
September 13, 2010
SEE BRIEF Deborah St Pierre and Dan Spears severed
an appurtenant water supply pipeline embedded in real property not belonging
to the past and failed non-profit association.
September 27 2010
Deborah St Pierre sent an illegal ballot trying to terminate Reed's water
service.
October 14, 2010
Deborah St Pierre provided false information to a Riverside County Sheriff.
November 30, 2010 without easement owner's approval Deborah St Pierre
spent unauthorized funds at attorney Best, Best and Kreger.
November 2, 2010
Deborah St Pierre planned to expand the rights granted within the 1990
Grant of easement.
December 3, 2010 Deborah St Pierre spent un-authorized sums of money for
Deborah's personal research goals.
January 2, 2011
Deborah St Pierre provides proof she believed the ballot was to completely
terminate Heath's water. The ballot stated uphold bylaws, the word terminate
was not mentioned once on the illegal ballot.
January 11, 2011 Deborah St Pierre continued her non authorized spending
spree without consideration of her actions.
January 3, 2012
Deborah St Pierre still claiming to be President of the failed association
called for a group of people to attend a garage meeting held at Dan Spears
property.
The Mrs. St Pierres charade of being continued continued up to January
14, 2012 and even on that date she claimed to be President in order to call
a meeting of a defunct association.
The group consisted of,
CORPORATIONS CODE SECTION 12460-12466. (b) A regular
meeting of members shall be held annually.
18035. (a) "Unincorporated association" means an unincorporated group
of two or more persons joined by mutual consent for a common lawful purpose,
whether organized for profit or not. Is illegally drilling a well considered
a legal purpose?
CA
Corp. Code TITLE 3.
UNINCORPORATED ASSOCIATIONS
Article 6. Dissolution ..... 18410
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 of Weber Heights
water association without legally recorded documentation?
2. By what legal documents are any management rights granted to the Association
as a whole?
3. After looking at the 1968 through 1969 official records of survey,
how did an illegally drilled well on APN 571-040-002 get approved as part
of a State Small Water system by 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?
_______________________________________________________________________________
CIVIL CODE
SECTION
657
657. Property is either:
l. Real or immovable; or,
2. Personal or movable.
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
, 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.
I keep comming back to this, remember her elected term in office as President
had long since expired; it was from 2004 to 2006. Within that same brief
there are many other claims that are untrue and more 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.
I hereby and respectfully ask DEH to take action and please revoke that
State Small Water Board permit #1790 issued in the name of that defunct non-profit
association. If DEH refuses to revoke the permit, I ask the Attorney General
to direct DEH revoke permit #1790 due to the misleading facts and information
submitted to DEH by past so called members.