Date: January 29, 2019
Department of Real Estate
[Complaint Submitted 1-31-19 at 2:33:29 pm Confirmation Number 3163271704]
Re: Violation of the Subdivision Map Act:
Certificate of Compliance CC 2001-01 may be invalid because it contains parcels that were transferred into the Certificate of Compliance by entities that did not own them, and therefore had no right to encumber them.
(1) Request an investigation into a potential violation of the Subdivision Map Act.
NOTE: ADJUDICATION OF SUBDIVISION MAP ACT VIOLATIONS CANNOT BE REFERRED TO ANY ORANGE COUNTY AGENCY DUE TO CONFLICT OF INTEREST (Facts stated below)
(2) If a violation is found as documented below, it is requested that all offers, transfers or sales of property be stopped until such violations can be corrected because it appears that the same parcels have; since 2001 been granted multiple times, and there are pending offers for these same parcels.
(3) That if appropriate, a Criminal Complaint be referred to the appropriate State and Federal agencies in order to protect the property rights of Taxpayers, and the health and safety of the Public.
NOTE: ANY CRIMINAL REFERRALS CANNOT BE REFERRED TO ANY ORANGE COUNTY AGENCY DUE TO CONFLICT OF INTEREST (Facts stated below)
Damage to Taxpayer Property Rights and the Resulting Threats to Public Health and Safety
As a result of the errors in CC 2001-01 regarding property ownership, Capistrano Unified School District (CUSD)'s Tesoro High School is in the Right-of-Way for the Tesoro Extension of the 241 Toll Road aka Los Patrones Parkway aka "F" Street. Los Patrones Parkway, aka "F" Street is a FREE arterial road; but it is being built to Toll Road Specifications, and is being paid for by the Transportation Cooridor Agency (TCA).
Parts of the road are on CUSD's property line with no set back as required by law.
There is a new and continuing water trespass onto Tesoro High School property since the construction of Los Patrones Parkway aka "F" Street aka Tesoro extension of the 241 Toll Road was built.
There are no protective barriers (a 10' high 3,777' long wall) as required to protect staff and students from noise and pollutants.
The road is being built in segments to avoid environmental review. As such there is no valid CEQA and no new NEPA as required for any construction south of Oso Parkway.
There is overwhelming documentation that parties: The County of Orange, TCA, CalTRANS, and Rancho Mission Viejo, conspired to get this road built without proper environmental review, and with callous disregard for the health and safety of staff and students at Tesoro High School and Taxpayer property rights.
The San Diego Water Board has failed to enforce its 401 Wastewater Discharge Permit as documented below.
Possible Criminal Fraud:
Two roads were suppose to be built. Los Patrones Parkway aka "F" Street (a FREE arterial road) and the Tesoro Extension of the 241 Toll Road.
TCA was denied a 401 Wastewater Discharge Permit for any construction south of Oso Parkway, and was denied a second time on appeal. The construction of the Tesoro Extension of the 241 Toll Road south of Oso Parkway was officially stopped at the Oso Bridge because it was denied permits to construct a Toll Road south of the Oso bridge without opening NEPA (a new environmental review).
In an effort to keep the project alive, the parties conspired to shift the alignment of the Tesoro Extension of the 241 by 800 feet to the west. This placed the road 800 feet closer to Tesoro High School, which invalidated any noise or pollution studies that were done. The parties conspired to place the alignment of the Tesoro extension of the 241 Toll Road on top of the alignment for Los Patrones Parkway aka "F" Street. They decided to build one road (the Tesoro extension of the 241 Toll Road) using the 401 Wastewater Discharge permit that was granted to Rancho Mission Viejo (a private entity) for construction of Los Patrones Parkway aka "F" street (a FREE arterial road).
The parties then proceeded to design and construct the Tesoro Extension of the 241 Toll road. They designed all of the waste water discharge to drain onto parcel 125-096-82 and underneath Tesoro High School despite language on the permit that specifically denied the permits use for construction of the Tesoro Extension of the 241 Toll Road.
Tesoro High School is constructed on a natural stream bed. The soil underneath Tesoro High School is known to liquify. In a resent Kitchell School Facility Report at page 7, the report stated that Tesoro High School buildings are showing signs of structural cracking that may be due to soil issues. It should be further noted that in a recent OC Board of Supervisor meeting, documentation showed that the Orange County Board of Supervisors have authorized $1.7 million dollars to fix soil issues at the Oso bridge that appear to be resulting from driving piles for the Oso Bridge Gap Closure project that is currently being constructed without the required NEPA review.
In a January 24, 2019 CUSD BOT Meeting an attorney for CUSD stated that plans to begin widening Los Patrones Parkway also included plans to add a trucking lane that would provide for an endless stream of diesel trucks that would be in the lane closest to the school.This project threatens the structural integrity of Tesoro High School and the health and safety of Tesoro High School staff and students.
In addition, according to CUSDs' attorney, the proposed route for the extension of the 241 south of Oso Parkway connecting to the 5 freeway at the Orange County/San Diego County line would negatively effect every CUSD school on the proposed route.
Potential Securities Fraud
Two roads were suppose to be built. A free Arterial Road that should have been paid for using Measure M funds. Secondarily, a Toll Road that would be funded by TCA bond funds. Los Patrones Parkway aka "F" Street is currently being built to "toll road specifications" and is funded by TCA Bond funds. If Los Patrones Parkway remains a FREE road, then the TCA will have defrauded its bond holders. If Los Patrones is converted to a Toll Road then Rancho Mission Viejo will have mis-represented amenities to homebuilders that are developing the Ranch. Without a FREE arterial road, residents will have to pay a toll to get their children to school everyday, or drive miles out of the way to get to school without paying a toll.
Breach of Settlement Agreement with Environmentalists and the State of California to protect the San Mateo Watershed, Donna O'Neil Land Conservancy, San Onofre State Beach and the San Onofre Nuclear Power Plant.
In November 2016 Parties to the State Route 241 Foothill South and Tesoro Extension Settlement Agreement ended a 15 year fight over a proposed extension of the 241- Interstate 5 connection that threatened sensitive lands and cultural resources within the San Mateo Creek watershed, including San Onofre State Beach and the Donna O'Neill Conservancy.
The basis for the law suit was that the TCA was building the road is segments to avoid NEPA.
The Settlement provided for the following in addition to other items:
1) The TCA's rescission of its 2006 approval of the "Green Alignment".
2) The creation of an "Avoidance Area" which prevented the TCA from funding any projects in the Avoidance area.
3) The agreement allowed the TCA to take preliminary actions related to the construction of the Oso Street Bridge project, including required environmental review and design activities for the bridge, land or right of way acquisition, and construction related to Los Patrones Parkway, but requires completion of environmental review for SR 241-Extension and adoption of a Post-Settlement Alignment or additional protections in place prior to construction.
The TCA applied for a 401 Waste Water Discharge permit for the Oso Bridge Gap Closure Project which was denied by the San Diego Water Board once, and upon appeal a second time. See: Letter to the California State Water Resources Board- Office of Enforcement dated February 13, 2018.
CalTrans was required to open a new NEPA review prior to beginning any construction on the Tesoro Extension of the 241 south of Oso Bridge. Instead, the TCA used the 401 Waster Water Discharge permit granted to the Ranch to construct Los Patrones aka "F" Street, a FREE arterial road.
Despite the Settlement Agreement, the TCA continues to build the 241 Extension south of Oso in segments to avoid any new environmental review. Work is currently being done on three segments of the extension of the 241 (Los Patrones I, Los Patrones II, and the on January 29, 2019, OC Board of Supervisor Lisa Bartlett tried to administratively approve a new segment from Cow Camp road to La Pata that crosses Ortega Highway as the third segment south of Oso Parkway). All three segments are under construction and no new environmental review has been done. Everything is being approved administratively at the County of Orange without PROPER ENVIRONMENTAL OVERSIGHT.
There is substantial documentation that the TCA is violating the Settlement Agreement.
There is recent correspondence from TCA indicating that they did not take the Green Alignment off the table and that they still plan to connect the 241 Toll Road to the 5 Freeway at the San Diego/ Orange County line which would effectively destroy the San Mateo Watershed, and San Onofre State Beach, and threaten the structural integrity of the San Onofre Nuclear power plant.
There is substantial documentation that the parties CalTrans, the County of Orange and Rancho Mission Viejo may have engaged in criminal fraud in order to keep construction of the 241 moving south without proper environmental oversight.
There is mounting documentation that the San Diego Water Board may be complicit in this deceit of the public, by failing to take any action to enforce its 401 Wastewater Discharge permit for Los Patrones Parkway aka "F" street as a FREE arterial road.
There is mounting documentation that the the Capistrano Unified School District may be complicit in this deceit of the public, by failing to take any action to protect taxpayer property rights (action to remove its parcels from CC 2001-01 and Quiet Title) and the health and safety of the Public.
January 24, 2019 CUSD BOT Meeting Agenda Item #31 Presentation on School Impacts from State 241 Toll Road Extension Alternatives
Board Audio at 44:34 BLUE CARD SPEAKER during Oral Communication: Dawn Urbanek re: Request that CUSD Protect Taxpayer property rights and the health and safety of students by taking action to remove Parcel #125-096-59, #125-096-60, #125-096-69 and #125-096-82 from CC 2001-01 and take action to Quiet Title on CUSD property.
Board Audio at 48:20 Superintendent Kristen Vital asks Deputy Superintendent Clark Hampton to follow up and clarify "mis-statements of fact".
Board Audio at 57:17 Presentation by CUSD Special Counsel Stan Barankiewiez re: School Impacts from State Route 241 Toll Road Extension Alternatives Agenda Item #31
Board Agenda at page 666
Request that the Department of Real Estate take any and all actions within its power to protect the health and safety of the Public and the property rights of taxpayers.
Any entity that subdivides large tracts of land is bound by the Subdivision Map Act.
A Certificate of Compliance shows the subdivided parcels.
September 3, 1982
Certificate of Compliance CC 82-2 Instrument No: 198200313505, subdivided ranch land owned by Rancho Mission Viejo and established 9 new parcels of land shown on tract map 82-107.
Owner of Record: Rancho Mission Viejo
March 21, 1995
Certificate of Compliance CC 95-01 Instrument No: 199500112516, further subdivided Parcel 7 of CC-82-2 and established 8 new parcels.
Owner of Record: San Juan Partnership No. 1
March 31, 1997
San Juan Partnership No. 1 owned 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 two parcels of land to the Capistrano Unified School District to build Chiquita Canyon High School, aka Tesoro High School.
Instrument No: 19970143928 was a Grant Deed recorded on March 31, 1997:
Legal Description: "That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516"
The Capistrano Unified School District paid $4.85 million for a total of [75.1539 acres]
Parcel 125-096-69 Lot for Main Campus: [65.19 acres], plus
Parcel 125-096-82 Lot for Road and Utility Purpose: [4.8519 acres], plus
Parcel 125-096-82 Lot for Slope Drainage [5.112 acres]
On 5/13/1997 CUSD paid $2.6 million through Fund 13 which at that time was the State School Building Fund
On 5/21/1997 CUSD paid $2.25 million from CFD 90-1
Parcel 125-096-69 Lot for the Main Campus is shown below:
Parcel 125-096-82 is two pieces:
Lot for Road and Utility Purpose: Parcel 125-096-82 [4.8519 acres]
Lot for Slope Drainage Parcel 125-096-82 [5.112 acres]
July 1, 1999
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 sports fields.
DMB San Juan Investment North, LLC a successor-in-interest to San Juan Partnership No. I, LLC sold for valuable consideration Parcel A (aka 125-096-59) and Parcel B (aka 125-096-60) to the Capistrano Unified School District.
Instrument No:20000330046 was a Grant Deed recorded on June 23, 2000.
Legal Description for the Additional Area Tesoro High School: "That portion of Parcel 3 of Certificate of Compliance CC95-01 in the Unincorporated Territory of the County of Orange, State of California recorded March 21, 1995 as Instrument No 95-0112516".
The Capistrano Unified School District paid $1,944 million to San Juan Partnership No I, LLC.
Sports Field Parcel A aka Parcel #125-096-59 [2.439 acres]
Sports Field Parcel B aka Parcel #125-096-60 [7.576 acres]
On 7/31/1999 CUSD paid $1.94 million from CFD 98-2
Capistrano Unified School District owned four parcels of land which comprised the entire Tesoro High School Campus. The school opened in September 2001.
July 26, 2001
In July 2001 all four of CUSDs' parcels were transferred into Certificate of Compliance CC 2001-01 by entities that did not own them.
The owner of record for Parcels 125-095-59, 125-096-60 and 125-096-69 is DMB San Juan Investment North, LLC
The owner of record for Parcel 125-096-82 is San Juan Partnership III.
CC-2001-01 is the Right-of-Way for the Tesoro Extension of the 241 Toll Road from the Oso Parkway continuing south towards the Orange County/ San Diego County line (Also known as Los Patrones Parkway Segment I [Oso to Chiquita Canyon Road] and Segment II [Chiquita Canyon Road to Cow Camp Road].
In 2001 San Juan Partnership No. 1 and DMB San Juan Investment North LLC entered into an agreement to transfer land owned by the Capistrano Unified School District to the TCA as part of the right-of-way for the 241 Extension of the Toll Road aka Los Patrones Parkway.
San Juan Partnership No. 1 and DMB San Juan Investment North LLC had no legal right to claim ownership and encumber all four parcels of land under Tesoro High School.
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 were contained in Certificate of Compliance CC 2001-01 (the Right-of-Way for the Tesoro Extension of the 241 Toll Road aka Los Patrones Parkway).
The Public has repeatedly requested that CUSD file an action with the Court to Quiet Title on all four of Tesoro High School parcels in order to protect taxpayer property rights, and to protect the health and safety of Tesoro High School staff and students.
June 28, 2017 CUSD BOT Meeting Agenda Item #38 at page 736 Resolution #1617-89 of the Capistrano Unified School District opposing any Toll Road Extension alignment that adversely impacts district school sites and students.
Superintendent Vital read the following statement which was then posted as a press release following the meeting:
Board Audio at 15:58 Superintendent Vital re: Construction of Los Patrones Parkway
"CUSD has asked legal council to examine the Grant Deeds for Tesoro High School and had them plotted by a licensed land surveyor. Based on that plotting, Los Patrones Parkway is not being constructed on District property. It is; as we have maintained, on land adjacent to the District's property.
It is a County approved project and does not involve any District approvals, easements or agreements.
Los Patrones Parkway in either the form it is being constructed today, or in the original SR-241 Toll Road Alignment were part of, and addressed by the districts CEQA analysis for both Tesoro High School and Esencia K-8 School.
Air quality and noise impacts among others were all part of the environmental consideration under taken not only by the District, but also by the County in approving the EIR's for Rancho Mission Viejo.
Neither the Districts environmental documents for our sites nor Rancho Mission Viejo environmental documentation suggests the presence of toxic soils.
Concerns, relative to dust from grading are legitimate concerns shared by the District—and the District will do its part to report any observed fugitive dust emissions to the Orange County Planning Director, as called for in the Rancho Mission Viejo EIR and addendums for the Roadway.
Before TCA can construct the ultimate Toll Expressway extension to Interstate-5, it will be required to identify, and environmentally review, a new alignment for such a project. The District will continue to monitor and review such proposals, and can address any concerns created by that proposal if and when it is presented."
Board Audio at 46:27 BLUE CARD Dawn Urbanek
Clarification of Kristen Vital's opening remarks regarding Tesoro High School Property Parcel Nos 79 and 82. A Toll Road is being graded that is 500' feet from Tesoro's Tennis Courts and inside Tesoro's property boundary.
Board Audio at 52:23 Superintendent Kristen Vital
Kristen Vital asked CUSD attorney Jeff Hoskinson to clarify the concerns expressed about Los Patrones because with so many people in the audience she did not want the Public to have mis-information. "It is really important that we clarify and provide accurate information to our community and our Board that is accurate."
Kristen Vital then restated that in her opening comments she talked about the fact that the road was not being graded onto CUSD property. She stated that mis-information had been reported about wether or not this was CUSD property.
Board Audio at 53:00 Attorney Jeff Hoskinson
The attorney clarifies by stating that Parcel 82 is owned by the District based on the deeds CUSD has. And that new health risk studies should be done.
CUSD made material mis-representations to the public regarding district property and the constructions effect on the health and safety of district staff and students. Supporting Documentation
August 23, 2017 CUSD BOT Meeting Agenda Item #25 page 607 which contained a complaint to the Orange County Grand Jury documenting collusion to build the road illegally despite callous disregard for taxpayer property rights and the health and safety of Tesoro High School Staff and students. Board Audio at 59:01
January 24, 2018
CUSD has refused to file any action to Quiet Title on the four parcels of land that Tesoro High School Sits on. 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).
January 24, 2018 Capistrano Unified School District Board of Trustees 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 4:00:29
The Quitclaim Deed contains material errors and does not Quiet Title for all four parcels of Capistrano Unified School District Property.
Capistrano Unified School District Resolution 1718-31 Contains Material Errors
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 which is not mentioned.
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 successor in-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:
"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:
"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 are listed at the bottom of this letter.
14. It should also be noted that the County of Orange recommends the use of First 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?
March 3, 2018
In yet another transfer of CUSD Parcels, on March 3, 2018 Rancho Mission Viejo transfers the Los Patrones Parkway Right of Way to the county of Orange Grant Deed to County of Orange
It appears that CUSD property may be used for as a "Wetland Mitigation area"
Other Parties of Interest:
The State of California
Attorney General Xavier Becerra
The County of Orange
Potential Conflict of Interest: Todd Spitzer was a member of the Orange County Board of Supervisors that voted on allowing the County of Orange to administratively approve construction of the 241 Toll Road without environmental review.
Orange County District Attorney Todd Spitzer
The County of Orange requires parties to use First American Title. All other transactions have been handled by First American Title. Chicago Title handled the Quit Claim Deed for Parcel 125-096-82.
First American Financial Corporation
In 2001 the Orange County Surveyor was John Canas. How did any of the Surveyors fail to see Tesoro High School (a "sensitive receptor") on Parcels 125-096-59, 125-096-60, 125-096-69, and 125-096-82.
Was an actual survey done?
Board for Professional Engineers, Land Surveyors, and Geologists
Huitt- Zollars, Inc.
Orange County Public Works
John Hills, PLS, Orange County Surveyor
Lily Sandberg, Deputy County Surveyor, Right of Way Mapping Services Orange County
Ray Rivera, PLS Senior Land Surveyor, Right-Of-Way Mapping Services Supervisor
State and Local Water Board Enforcement
Failure to enforce 401 Wastewater Discharge Permit
State Water Board
Tod Sax, Division Chief, Enforcement Division
Dr. Mathew Buffleben, SIU Supervisor
San Diego Regional Water Quality Control Board
San Diego Region- Clean Water Act Section 401 Water Quality Certification
Eric Becker, Senior Water Resource Control Engineer
Darren Bradford, Environmental Scientist Orange, Riverside Counties and Camp Pendleton
Michael Porter, Engineering Geologist- Caltrans, SANDAG, San Diego County Transportation Projects
San Diego Region- Storm Water Management
Laurie Walsh, PE, Senior Water Resource Control Engineer, Storm Water Management
San Diego Region - Surface Water
Parties to the State Route 241 Foothill South and Tesoro Extension Settlement Agreement
Attorneys for Respondents Foothill/Eastern Transportation Corridor Agency et al
Foothill/Eastern Transportation Corridor Agency
With copies to:
Chief Environmental Planning Officer
Attorneys for Petitioners California State Parks Foundation et al. and Defenders of Wildlife and WiLDCOASTCOSTASALVAjE
Natural Resources Defense Council
Shute, Mihaly & Weinberger, LLP
Endangered Habitats League
Laguna Greenbelt, Inc.
Natural Resources Defense Counsel
Sea & Sage Audubon
Sierra Club, Angeles Chapter
National Audubon Society
California Coastal Protection Network
Orange County Coastal Keeper
Defenders of Wildlife
Attorneys for the People of the State of California
Attorney General Kamala D. Harris,
California State Parks, Chief Counsel,
Supervising Deputy Attorney General John Appelbaum
Native American Heritage Commission
Interested Parties that may have a Conflict of Interest
California Department of Transportation
Orange County Board of Supervisors
Members of the Orange County Board of Supervisors voted on County actions involving the TCA and have Conflicts of Interest. This includes OC District Attorney Todd Spitzer who was a member of the Board of Supervisors until January 1, 2019.
Capistrano Unified School District
Other Parties of Interest:
California Environmental Protection Agency Enforcement
California Department of Fish and Wildlife
State Water Resources Control Board
U.S. Army Corps of Engineers
South Coast Region (Region 5)
NOAA OFFICE OF GENERAL COUNSEL,