January 29, 2018 Letter to Bea Bea Jimenez - Reasons for Cease and Desist on Oso Bridge Gap Closure /“F" Street Los Patrones Parkway aka Tesoro Extension of the 241 and the Oso Bridge Project

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Category: January 24, 2018 CUSD Board of Trustees Meeting
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Dear Bea Bea -

I want to bring the following to your attention:

On January 24, 2018 at the CUSD Board of Trustees meeting it was made Public that Parcel 125-096-82 has been owed by the Capsitrano Unified School District since 1997. This parcel was erroneously included in the Right Of Way for the Oso Bridge Gap Closure /“F" Street Los Patrones Parkway aka Tesoro Extension of the 241 and the Oso Bridge Project. In light of this error, I now believe that the road is CUSD's property line without the required setback. 

I would; once again, request that the County of Orange cease construction on all of these projects until the Right of Way is corrected, proper set backs are established.  All potential clouds on Title, including encumbrances, easements, Right of Way ’s and Certificates of Compliance must be verified because of the following documentation which makes the Certificate of Compliance incorrect as documented below.

I look forward to your response on this matter.

A quick review on Google and Zillow shows a discrepancy with County Land Survey

Thank you 

Dawn Urbanek

 

The Toll Road is closer to Tesoro High School than anyone realized - CUSD accepts Quitclaim deed for Parcel 82

January 24, 2018 CUSD BOT Meeting Agenda Item #39 RESOLUTION NO. 1718-31, RESOLUTION OF THE BOARD OF TRUSTEES OF THE CAPISTRANO UNIFIED SCHOOL DISTRICT AUTHORIZING THE ACCEPTANCE AND RECORDATION OF A QUITCLAIM DEED RELATIVE TO ORANGE COUNTY ASSESSOR PARCEL NO. 125-096-82

Board Meeting Agenda at page 890

Board Audio at 4:00:25

 

On March 25, 1997 San Juan Partnership No 1 transferred land to the Capistrano Unified School District to build Chiquita Canyon High School aka Tesoro High School

Parcel 3 Certificate of Compliance CC-95-01 recorded March 21,1995 as Instrument 95-0012516 (Today, this is referred to as Parcel 125-096-69- Parcel 69)

I think Parcel 69 excluded the little portion right at Oso Parway

CUSD also received a Lot for Road and Utility Purposes I believe this is now called parcel 125-096-82 (Parcel 82)

March 21, 1995 Parcel 3 Certificate of Compliance CC-95-01 recorded March 21,1995 as Instrument 95-0012516

CUSD also received a Lot for Slope, Drainage, Access and Utility purposes I believe this is a piece of 125-096-79 (Parcel 79)

March 21, 1995 Parcel 3 Certificate of Compliance CC-95-01 recorded March 21,1995 as Instrument 95-0012516

There were a lot of soil issues and wildlife protection areas which meant CUSD was not allowed to build on a large portion of Parcel 69.

CUSD was forced to purchase two addition parcels in order to build its sports fields.

On July 1, 1999 DMB San Juan Investment North LLC as successor in interest  San Juan Partnership No 1 transferred land to the Capistrano Unified School District to build sports fields for Chiquita Canyon High School aka Tesoro High School

Parcel 3 Certificate of Compliance CC-95-01 recorded March 21,1995 as Instrument 95-0012516 (Parcel A - 2.439 acres) Now known as Parcel 125-096-59 Parcel 59 

and

Parcel 3 Certificate of Compliance CC-95-01 recorded March 21,1995 as Instrument 95-0012516 (Parcel B - 7.576 acres) Now known as Parcel 125-096-60 Parcel 60 

Conclusion:

CUSD owns Parcels 69-59-60-82 and may own a piece of 79?

The Right of Way for the construction of the Tesoro Extension of the 241 Toll Road conflicts with these deeds

CUSDs Resolution is faulty

Construction of the Tesoro Extension of the 241 should be enjoined  while property rights are settled and clouds on the titles to Parcels 59 - 60- 69 -79 and 82 are removed. There may be a substantial number of other encumbrances on these parcels as a result of the Freeway Right of Way  established by CC 2001-01.

Also- the San Diego Water Board may have issued a waste water discharge permit to the Ranch for land it did not own.

 
 
Clouds on Title and Encumbrances on Land at the Oso Bridge Gap Closure Project- What is going on?

Parcel Map from the County Accessor: CUSD owns Parcels: 125-096-59, 60, 69, 82 and may own a piece of 79.

Orange County Public Works - OC Survey Land Records 2.0 shows something very different?

Source: http://www.ocpublicworks.com/survey/products/records Click on the map.

Parcel 82 looks the same

But Parcel 79 is totally different

And Parcel 83 has changed and look- the 241 Direct Connection to Los Patrones is on this map

What is going on with these Parcels? Who owns them. 

And these documents show encumbrances? 

 

Parcel 125-096-79

Certificate of Compliance:

82-2 198200313505

95-01 199500112516

2001-01 200100508635

2011-01-201100677171

MRLA 1/53-54

 

Tesoro High School Property 125-096 Parcels 59 - 60 - 69 - 82

OR 19200490043

OR 20000490043

OR 199700143928

OR 200000330046

I have not been able to obtain these documents yet.


 
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