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The Capistrano Unified School District Board of Trustees have a legal; fiduciary duty, to protect taxpayer property rights, and the healthy and safety of staff and students. CUSD must initiate an action to Quiet Title on CUSD Parcel Nos. 125-096-59, Parcel 125-096-60, Parcel 125-096-69 and Parcel 125-096-82. These parcels have been encumbered by entities that do not own them, and have resulted in ongoing conditions that that threaten the safety of staff and students, and may have long term negative health consequences for the staff and students at Tesoro High School. Background 1980s' Any entity that subdivides large tracts of land is bound by the Subdivision Map Act. A Certificate of Compliance shows the subdivided parcels. O'Neil Ranch and Rancho Mission Viejo have been subdividing parcels since the early 1980's in order to develop their land. In 1982; per the Subdivision Map Act Certificate of Compliance 82-2 Instrument Number 198200313505 O'Neil Ranch and Rancho Mission Viejo started subdividing parcels. 1996-2000 In 1995 Rancho Mission Viejo further divided its parcels per the Subdivision Map Act creating more parcels which were then sold to other entities that were included into two Certificates of Compliance: Certificate of Compliance CC 95-01 Instrument No. 95-0112516 recorded March 21, 1995 Certificate of Compliance CC 95-02 Instrument No. 95-0178226 recorded April 27, 1995 In the period from 1996-2000, the Capistrano Unified School District purchased four parcels in order to build Chiquita Canyon High School aka Tesoro High School. San Juan Partnership No. 1 owned a portion of Parcel 3 of Certificate of Compliance No. CC 95-01 recorded March 21, 1995 as Instrument No. 95-0112516. In March 1997, for valuable consideration, San Juan Partnership No. I sold Parcel Nos. 125-096-69 and 125-096-82 to the Capistrano Unified School District to build Chiquita Canyon High School, aka Tesoro High School. The Deed for the following parcels was recorded on March 31, 1997 as instrument Number 19970143928 and was signed by Anthony R. Moiso as General Partner. Parcel 125-096-69 (65.190 Acres for Tesoro High Schools main campus. Parcel 125-096-82 that contained two pieces. Exhibit "A" (4.859 acres for the Tesoro driveway) Exhibit "B" (5.112 acres Slope/ Drainage) In May 1999; due to environmental restrictions, CUSD had to alter the design of Tesoro High School. The school was flipped and CUSD was forced to purchase two additional parcels of land in order to build the baseball and football fields. On July 1, 1999 DMB San Juan Investment North, a successor-in-interest to San Juan Partnership No. I sold for valuable consideration two additional parcels of land. The Grant Deed was dated July 1, 1999 and recorded June 23, 2000. Parcel 125-096-59 aka Parcel "A" (2.439 acres for Tesoro High School's Baseball Field) Parcel 125-096-60 aka Parcel "B" (7.576 acres for Tesoro High School's Football Field) Tesoro High School was completed and opened its doors in September 2001. The Capistrano Unified School District owns the following parcels of land: Parcel 125-096-59 (Since July 1, 1999) Parcel 125-096-60 (Since July 1, 1999) Parcel 125-096-69 (Since March 31, 1997) Parcel 125-096-82 (Since March 31, 1997) All of these Parcels were a subdivision of CC 95-01 recorded March 21, 1995 as Instrument 95-0012516 Parcel 3, subject to the Subdivision Map Act. 2001 In 2001 Rancho Mission Viejo divided additional parcels per the Subdivision Map Act and created Certificate of Compliance 2001-01 that was recorded July 26, 2001, Instrument Number 20010508635. CC 2001-01 holds the Properties that make up the right of way for the 241 Toll Road extension from Oso Bridge to the Ortega Highway which includes the Oso Bridge Project, the Oso Bridge Gap Closure project and the Los Patrones aka "F" Street Project. Owners of Record show the following: The 2001 Document shows that the owners of Parcel Nos. 125-096-59, 125-096-60 and 125-096-69 is DMB San Juan Investment North LLC. Parcel 125-096-59 was sold to CUSD in 1999 by DMB San Juan Investment North, a successor-in-interest to San Juan Partnership No. I Parcel 125-096-60 was sold to CUSD in 1999 by DMB San Juan Investment North, a successor-in-interest to San Juan Partnership No. I Parcel 125-096-69 was sold to CUSD in 1997 by San Juan Partnership No. 1 The 2001 Document shows that the owner of Parcel 125-096-82 is San Juan Partnership No. III. Parcel 125-096-82 was sold to CUSD in 1997 by San Juan Partnership No. 1 Certificate of Compliance 2001-01
2017 In the summer of 2017 CUSD was made aware of the fact that all the Parcels of land upon which Tesoro High School was built are contained Certificate of Compliance 2001-01. The Public has repeatedly requested that CUSD file an action with the Court to Quiet Title. 2018 CUSD has refused. Instead, in January 2018 CUSD attempted to cure clouds on title by accepting a Quitclaim Deed for one of its four Parcels, Parcel 125-096-82. A QUIET TITLE Action is what clears Title. The Quitclaim Deed states: "** Explanatory Note: This Quitclaim Deed has been prepared, executed and recorded for the purpose of correcting a chain of title issue created by certain Grant Deed dated October 27, 2004 and recorded in the Official Records of Orange County, California on October 29, 2004 as Instrument No. 2004000978175 (the "Grant Deed"). Specifically, the legal description appended to the Grant Deed inadvertently identified, as part of the conveyance property, certain real property owned by the Capistrano Unified School District ("CUSD"). Accordingly, this Quitclaim Deed is intended to confirm that (i) CUSD is the owner of real property more particularly described in the attached Exhibit A ("the School Parcel") and (ii) the Grant Deed did not effectuate a transfer of the School Parcel at the time of recordation of said instrument. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DMB SAN JUAN INVESTMENT NORTH, LLC, a Delaware limited liability company, and RMV MIDDLE CHIQUITA, LLC, a California limited Liability Company (collectively, "Grantors"), do hereby remise, release, reconvey and forever quitclaim to CAPISTRANO UNIFIED SCHOOL DISTRICT, a public body, corporate and politic ("Grantee"), all of Grantor's right, title and interest in that real property located in the unincorporated area of the County of Orange, State of California, described as follows:" The Deed was executed on February 6, 2018 "GRANTORS" DMB San Juan Investment North, LLC, a Delaware limited liability company By Rancho Mission Viejo, LLC, a Delaware limited liability company Its authorized agent and manager: Donald L. Vodra, President and Chief Operating Officer and Richard M. Broming, SVP- Planning & Entitlement
RMV Middle Chiquita, LLC, a California limited liability company By Rancho Mission Viejo, LLC, a Delaware limited liability company Its authorized agent and manager: Donald L. Vodra, President and Chief Operating Officer and Richard M. Broming, SVP- Planning & Entitlement
How can DMB San Juan Investment North and RMV Middle Chiquita transfer Title to a property that they do not own? Why would CUSD accept a Quitclaim deed for a property that they have owned since 1997? Did Rancho Mission Viejo violate the Subdivision Map Act? Should CC 2001 be invalidated due to material errors? CUSD's acceptance of this Quitclaim Deed does not cure the clouds on Title of the four parcels that CUSD has owned since 1997 and 1999, so what is going on here? An action to Quiet Title must be done in order to cure any, and all defects. CUSD parcels in CC 2001-01 should be reviewed from 1995 per Certificate of Compliance 95-01 Instrument Number 199500112516, when land was first purchased by CUSD to build Chiquita Canyon High School aka Tesoro High School. CUSDs' Resolution No. 1718-31 to accept the Quitclaim Deed for Parcel 125-096-82 contains material errors. Relevant Certificates of Compliance: 82-2 Instrument Number 198200313505 ( O'Neil from Rancho Mission Viejo) |
CUSD Resolution 1718-31 Contains Material ErrorsIn January 2018, CUSD accepted a Quitclaim Deed for Parcel 125-096-82 in an effort to reassert their ownership of the Parcel. The acceptance of a Quitclaim Deed for Parcel 125-096-82 does not cure the defects contained in Certificate of Compliance CC 2001-01. CUSD has an obligation to file an action in court to Quiet Title on all of its Tesoro High School parcels. CUSD parcels contained in CC 2001-01 should be reviewed from 1995 per Certificate of Compliance 95-01 Instrument Number 199500112516, when land was first purchased by CUSD to build Chiquita Canyon High School aka Tesoro High School. Acceptance of a Quitclaim Deed for a single Parcel (Parcel 125-096-82) does not cure the Owner(s) of Record noted in the Certificate of Compliance 2001-01. Capistrano Unified is not noted as an "Owner of Record" for Parcel Nos. 125-096-59, 125-096-60, 125-096-69 and 125-096-82. Does this material error make CC 2001-01 not legally valid? To date, CUSD has not initiated any action to Quite Title in Court, despite being asked to do so by the Public. Once this error was discovered, wasn't there an obligation for CUSD and/or the Rancho Mission Viejo to initiate an action to Quiet Title on parcels? Resolution 1718-31 Quitclaim DeedJanuary 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 PARCE Board Agenda at page 890 Board Audio at 4:00:29 The CUSD Resolution accepting the deed appears to contain the following material errors as outline in the supporting documentation attached below. In CUSD's Resolution #1718-31 and Board Report: 1. CUSD fails to acknowledge that Parcel 125-096-69 and 125-096-82 were part of the same Deed. San Juan Partnership No. I sold both Parcels to CUSD on March 31, 1997. How does a Quitclaim Deed for 125-096-82 Quiet Title on Parcel 125-096-69? 2. CUSD fails to acknowledge that it owns four Parcels of land that are contained in CC 2001-01: No. 125-096-69 and 125-096-82 since 1997; 125-096-59 and 125-096-60 since 1999. 3. CUSD then admits in their Board Report that their property was transferred again in 2004 by entities that did not own the land or have any rights to transfer CUSD's land. "2. On or about October 29, 2004, DMB San Juan Investment North, LLC (a successorin-interest to San Juan Partnership No. I) transferred and assigned to RMV Middle Chiquita, LLC, certain real property, including Parcel 82, in a grant deed recorded as Orange County Recorder Instrument No. 2004000978175 (RMV Deed). Specifically, the RMV Deed included all that real property described in Certificate of Compliance No. CC-2001-01, recorded July 26, 2001, as Orange County Recorder Instrument No. 20010508635 (Certificate of Compliance), which included Parcel 82 within an area described as Parcel 4 therein." This statement appears to be incorrect as all four of CUSD's Parcels were a subdivision of CC 95-01 recorded March 21, 1995 as Instrument 95-0012516 Parcel 3, subject to the Subdivision Map Act. 4. CUSD states in its Board Report that: Background Information "Based on the review, the District concluded it owned Parcel 82, as it acquired the property in 1997, before DMB San Juan Investment North, LLC attempted to transfer the same to RMV Middle Chiquita LLC. As DMB San Juan Investment North, LLC could not transfer property it did not own, Parcel 82 was not transferred to RMV Middle Chiquita, LLC. The District met with Rancho Mission Viejo (RMV), which concurred with the District’s assessment, and identified an error made in the 2001 Certificate of Compliance (one that had already been rectified in future certificates of compliance)" How did CUSD and RMV rectify CC 2001 and "Future" certificates of compliance? 5. CUSD states in its Board Report that: "RMV and the District have prepared a Quitclaim deed, which would transfer any and all interest and claim RMV had in Parcel 82, if any, to the District. While the District has always owned Parcel 82, this Quitclaim Deed would formerly correct the title record, as the Orange County Recorder’s Office reflects title to Parcel 82 to be in the name of RMV Middle Chiquita, LLC." How does RMV transfer Title of a Property it does not own with Quitclaim Deed? 6. CUSD states in the Board Report that: FINANCIAL IMPLICATIONS "There are no financial implications." How can there be "no financial implications" when the Quitclaim Deed states on its face "NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged..." CUSD and RMV must acknowledge that parties that do not own Parcel Nos. 125-095-59, 125-096-60, 125-096-69 and 125-096-82 are trespassing on CUSD's property. This Trespass is continual and on-going because these parcels are included in the Right-of-Way for the Tesoro Extension of the 241 Toll Road. Because there appears to be confusion over ownership of Parcel 125-096-82 in particular, the reality of the situation is that a Toll Road is being built adjacent to Tesoro High School with ZERO set back. There is no protective barrier (10' high 3,777' long wall) as required by CEQA. And, all of the waste water discharge appears to have been designed to flow onto Parcel 125-096-82 and into an underground stream beneath Tesoro High School. This is creating potential health and safety risks to staff and students that are being ignored. As well as the potential structural damage to Tesoro facilities. There are numerous Option Agreements on some of these Parcels (Los Patrones aka F Street) that include further transfers of land parcels which have the potential to become part of CalTrans. These parties cannot continue to transfer property they do not own. It may open Government entities to many lawsuits which taxpayers will ultimately have to foot the bill for. 7. The first Paragraph of the Resolution states: "WHEREAS, the Capistrano Unified School District (District) acquired certain real property, including, but not limited to, property now identified as Orange County Assessor Parcel No. 125-096-82 (Parcel -82) from San Juan Partnership No. I on March 31, 1997, as set forth in Orange County Recorder Instrument No. 19970143928 (CUSD Deed). A depiction of the property is attached hereto as Exhibit A, which is incorporated herein by this reference; and" What other Property did CUSD receive? CUSD failed to attach Exhibit "A" to the Board Item - the page has remained blank since January 24, 2018. 8. The second paragraph of the Resolution States: "WHEREAS, on or about October 29, 2004, DMB San Juan Investment North, LLC (a successor-in-interest to San Juan Partnership No. I) transferred and assigned to RMV Middle Chiquita, LLC (RMV), certain real property, inadvertently and erroneously including Parcel -82, as set forth in Orange County Recorder Instrument No. 2004000978175 (RMV Transfer), based on Certificate of Compliance No. CC-2001-01, recorded July 26, 2001, as Orange County Recorder Instrument No. 20010508635 (Certificate of Compliance); and How does real property get "inadvertently and erroneously transferred? Wouldn't that constitute a violation of the Subdivision Map Act? 9. The 3rd - 6th paragraphs of the Resolution State: "WHEREAS, the District owned Parcel -82 at the time of the RMV Transfer, such that ownership of Parcel -82 could not, and was not, legally transferred to RMV; WHEREAS, as a result of the RMV Transfer, and the mistaken inclusion of Parcel -82, record title reflects RMV as the owner of the parcel, rather than the District; WHEREAS, the District and RMV have agreed that the RMV Transfer, as it related to Parcel -82, was in error, and that the District is the true and correct owner of Parcel -82; WHEREAS, RMV has agreed to execute a quitclaim deed to the District for Parcel -82, which would have the effect of transferring any legal right and claim RMV might have in Parcel -82, if any, to the District, and otherwise clarify and clear up title as to Parcel -82 to reflect the District as the true and correct owner of the property. A copy of the proposed quitclaim deed is attached hereto as Exhibit B (Quitclaim Deed)" Again- A party that does not own land (RMV) is transferring land to a party that is already the owner of the land (CUSD) that is being transferred? 10. In the Resolution, Trustees determine, resolve, and order... "NOW, THEREFORE, THE BOARD OF TRUSTEES (BOARD) DOES HEREBY DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:" "Section 1. The above recitals are true and correct, and shall constitute findings of the Board." CUSD should reconsider the truth and accuracy of the statements contained in the Resolution. 11. In the Resolution, Trustees determine, resolve, and order... "NOW, THEREFORE, THE BOARD OF TRUSTEES (BOARD) DOES HEREBY DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:" "Section 2. The Board does hereby authorize the Superintendent, or the Superintendent’s designee, to (1) accept the Quitclaim Deed, in substantially the form set forth in Exhibit B, once executed by RMV; and (2) deliver, record, or cause to be delivered or recorded, the Quitclaim Deed with the Orange County Recorder; and (3) take all other actions as may be reasonably necessary to effectuate the purpose of this Resolution." If the Purpose of the Resolution was to cure defects in property ownership CUSD must file an action with the Court to Quiet Title on all four of its parcels. 12. In the Resolution, Trustees determine, resolve, and order... "NOW, THEREFORE, THE BOARD OF TRUSTEES (BOARD) DOES HEREBY DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:" "Section 3. The acceptance and consent given pursuant to Section 2, above, shall be evidenced by the execution of a “Certificate of Acceptance” by the Superintendent, or designee, either attached to or set forth on the face of the deed or other instrument conveying any portion of Parcel -82 to the District, in substantially the following form:" 13. When the true ownership of Parcel #125-096-82 was discovered, CUSD was obligated to file a Quiet Title Action in Court which would have created a Notice of Lis Pendens. CUSD has an obligation to notify all parties with interest in the property's contained in CC 2001-01 of potential defects upon their discovery. Interested parties include, but may not be limited to: CalTrans, the TCA, The County of Orange, Rancho Mission Viejo, The San Diego Water Board, Federal Fish and Wildlife, the Native American Heritage Commission and other environmental groups such as Surfrider Foundation, California State Parks Foundation, Endangered Habitats League and Laguna Greenbelt, Inc and most importantly Taxpayers. The Public brought the ownership issue of Parcel #125-096-82 to CUSD's attention in July 2017. The Public has asked CUSD to initiate a Quiet Title Action for all four of its Parcels. It has been almost a year since the CUSD accepted the Quitclaim Deed for part of one parcel, and no action to Quiet Title has been initiated. 14. It should also be noted that the County of Orange recommends the use of Title American Title Insurance Company. All previous Deeds used First American Title Insurance Company. It is worth noting that the Quitclaim Deed used Chicago Title Insurance Company. Did CUSD and RMV switch title companies because First American Title would not insure this Deed because they have already paid out claims on these properties? Taxpayers have a right to protect taxpayer land, and the students that attend their public schools. The Parcels contained in CC 2001-01 must be reviewed, and any clouds on Title must be legally resolved in a Court of law through an action to Quiet Title.
Note that page 894 0f 947 is a blank page that should contain Exhibit "A" a description of the property
NOTE: Exhibit "A" has never been added to the Agenda Item.
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Supporting Documentation
1982
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Certificate of Compliance 82-2 Instrument Number 198200313505 Any entity that subdivides large tracts of land is bound by the Subdivision Map Act. A Certificate of Compliance shows the subdivided parcels. O'Neil Ranch and Rancho Mission Viejo have been subdividing parcels since the early 1980's in order to develop their land. In 1982; per the Subdivision Map Act Certificate of Compliance 82-2 Instrument Number 198200313505 separated O'Neil Ranch from Rancho Mission Viejo.
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1995
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Certificate of Compliance 95-01 Instrument Number 199500112516 In 1995 Rancho Mission Viejo further divided its parcels per the Subdivision Map Act creating Parcels 1 - 11 which were further subdivided into parcels that were split between subsidiaries of the Ranch Mission Viejo and O'Neil which were then sold to other entities that were included into two Certificates of Compliance: Certificate of Compliance CC 95-01 Instrument No. 95-0112516 recorded March 21, 1995 Certificate of Compliance CC 95-02 Instrument No. 95-0178226 recorded April 27, 1995 Certificate of Compliance 95-01
Parcel 3 Description: That portion of Parcel 7 of Certificate of Compliance No. CC 82-2 in the Unincorporated Territory of the County of Orange, State of California, recorded September 3, 1982 as Instrument No. 82-313505. Parcel 4 Description: That portion of Parcel 7 of Certificate of Compliance No. CC 82-2 in the Unincorporated Territory of the County of Orange, State of California, recorded September 3, 1982 as Instrument No. 82-313505.
Certificate of Compliance 95-02
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1996 - 2000
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In the period from 1996-2000, the Capistrano Unified School District purchased four parcels in order to build Chiquita Canyon High School aka Tesoro High School. San Juan Partnership No. 1 owned a portion of Parcel 3 of Certificate of Compliance No. CC 95-01 recorded March 21, 1995 as Instrument No. 95-0112516. In March 1997, for valuable consideration, San Juan Partnership No. I sold Parcel Nos. 125-096-69 and 125-096-82 to the Capistrano Unified School District to build Chiquita Canyon High School, aka Tesoro High School. The Deed for the following parcels was recorded on March 31, 1997 as instrument Number 19970143928 and was signed by Anthony R. Moiso as General Partner. Parcel 125-096-69 (65.190 Acres for Tesoro High Schools main campus. Parcel 125-096-82 that contained two pieces. Exhibit "A" (4.859 acres for the Tesoro driveway) Exhibit "B" (5.112 acres Slope/ Drainage) In May 1999; due to environmental restrictions, CUSD had to alter the design of Tesoro High School. The school was flipped and CUSD was forced to purchase two additional parcels of land in order to build the baseball and football fields. On July 1, 1999 DMB San Juan Investment North, a successor-in-interest to San Juan Partnership No. I sold for valuable consideration two additional parcels of land. The Grant Deed was dated July 1, 1999 and recorded June 23, 2000. Parcel 125-096-59 aka Parcel "A" (2.439 acres for Tesoro High School's Baseball Field) Parcel 125-096-60 aka Parcel "B" (7.576 acres for Tesoro High School's Football Field) The Capistrano Unified School District owns the following parcels of land: Parcel 125-096-59 (Since July 1, 1999) Parcel 125-096-60 (Since July 1, 1999) Parcel 125-096-69 (Since March 31, 1997) Parcel 125-096-82 (Since March 31, 1997) All of these Parcels were a subdivision of CC 95-01 recorded March 21, 1995 as Instrument 95-0012516 Parcel 3, subject to the Subdivision Map Act. In it's Resolution CUSD is stating that these were subdivided from Parcel 4. San Juan Partnership No. 1 owned a portion of Parcel 3 of Certificate of Compliance No. CC 95-01 recorded March 21, 1995 as Instrument No. 95-0112516. In March 1997, for valuable consideration, San Juan Partnership No. I sold Parcel Nos. 125-096-69 and 125-096-82 to the Capistrano Unified School District to build Chiquita Canyon High School, aka Tesoro High School. The Deed for the following parcels was recorded on March 31, 1997 as instrument Number 19970143928 and was signed by Anthony R. Moiso as General Partner. Parcel 125-096-69 (65.190 Acres for Tesoro High Schools main campus) Parcel 125-096-82 that contained two pieces. Exhibit "A" (4.859 acres for the Tesoro driveway) Exhibit "B" (5.112 acres Slope/ Drainage)
Parcel 125-096-69 (65.190 acres)
The excluded portion belongs to the Santa Margarita Water District
The Deed for Parcel 125-096-69 was Recorded.
Exhibit "A" (4.859 Acres Tesoro Driveway)
Exhibit "B" (5.112 Acres Slope/Drainage)
Parcel 125-096-82 (Included in the Grant Deed for Parcel 69)
Because of environmental restrictions, the design of Tesoro High School had to be flipped and CUSD was forced to purchase two additional parcels of land from Rancho Mission Viejo in order to complete the baseball field and the football field. In May 1999 CUSD purchased: Parcel #125-096-59 (2.439 Acres for Tesoro High School Baseball Field), and Parcel #125-096-60 (7.576 Acres Tesoro High School Football Field).
Parcel #125-096-59 (2.439 Acres for Tesoro High School Baseball Field
Parcel #125-096-60 (7.576 Acres Tesoro High School Football Field)
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September 2001 - Tesoro High School Opens Orange County, CA. A poorly chosen site from an ecological perspective. It is right in a canyon bottom in the middle of a major movement corridor for mountain lions and other species. It was placed directly on top of the stream and accompanying riparian woodland that drains the canyon. |
2001
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Certificate of Compliance 2001-01 Instrument Number 200100508635 Certificate of Compliance CC 2001-01 was recorded July 26, 2001 Instrument Number 20010508635 at 4:26 pm and is bound by the Subdivision Map Act. Contained in Certificate of Compliance CC 2001-01 are all four of the parcels (59, 60, 69 and 82) upon which Chiquita Canyon aka Tesoro High School was built. Certificate of Compliance CC 2001-01 should not have been recorded because it seems to have obvious material flaws. The County of Orange Surveyor should have seen a completed high school with a driveway and drainage on Parcels 125-096-59, 125-096-60, 125-096-69 and 125-096-82. In 2001, DMB San Juan Investment North LLC Noted that it owned Parcels 125-096-59, 125-096-60 and 125-096-69 and transferred all three parcels into Certificate of Compliance 2001-01. It did not. The Capistrano Unified School District owned these parcels. In 2001, DMB San Juan Partnership North III Noted that they owned Parcel 125-096-82 and transferred the land into Certificate of Compliance 2001-01. It did not. The Capistrano Unified School District owned these parcels. DMB San Juan Investment North LLC and San Juan Partnership North III seem to have caused chain of title property rights issues and potential problems with the Subdivision Map Act which created a flawed and invalid Certificate of Compliance CC 2001-01 because they transferred property and encumbered property that they did not own into CC 2001-01. This now seemingly invalid Certificate of Compliance CC 2001-01 is problematic since this is now the Right of Way for the Tesoro Extension of the 241 Toll Road at Oso Bridge. The Toll Road appears to be built adjacent to Tesoro High School with no set back; CEQA required a protective barrier (10' high 3,777' long wall) which was never built. In addition, all of the drainage for the Oso Bridge Project, the Oso Bridge Gap Closure Project and Los Patrones aka "F" Street has been designed to flow onto and underneath the school which is built on a natural stream bed. In a recent school facilities study, it was noted that the buildings were showing signs of structural cracking that could be due to soil slippage. Kitchell Report Tesoro High School page 7 "Architectural Elements Key concerns for this school include soil movement, the roofs are in poor condition, and many of the concrete roof tiles are damaged, cracked, or missing. Additionally, it should be noted that a significant amount of cracking was observed in the exterior walls, and that poor soil conditions may be an issue." There must be an Court Action to Quiet Title in order to cure these defects. CUSD has refused to take action to Quiet Title, and has instead accepted a Quitclaim Deed for a single parcel, Parcel 125-096-82. Link to the flawed Certificate of Compliance 2001-01
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2018
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If the Public cannot get CUSD to protect taxpayer property rights, or the health and safety of staff and students, then maybe they should reach out to the California Department of Real Estate would be a good place to start to see what remedies taxpayers have. File a Complaint. |
