CUSD Releases Los Patrones Parkway FAQ

CUSD Releases Los Patrones Parkway FAQ July 12, 2017

LOS PATRONES PARKWAY FAQ July 12, 2017

The Capistrano Unified School District (CUSD) is aware of numerous claims being made relative to its ownership of certain real property at Tesoro High School. Specifically, the claims relate to CUSD’s ownership of property adjacent to the construction of Los Patrones Parkway, to the east of the high school. In order to address these claims, with supporting documentation, CUSD is providing the following responses:

1. What property does the Capistrano Unified School District own at Tesoro High School?

In 1997 and 2000, CUSD received the property now comprising the Tesoro High School campus from San Juan Partnership No. I and DMB San Juan Investment North, LLC, respectively. The land grants were recorded as part of two separate grant deeds, recorded with the County of Orange as Document Nos. 19970143928 and 20000330046, on March 31, 1997, and June 23, 2000, respectively.

CUSD recently had the legal descriptions of the properties set forth in the grant deeds plotted, in order to confirm the full extent of the land transferred to CUSD. The plotting identified the land transferred to CUSD, as compared to the applicable Orange County Assessor Parcel Map. Based on such plotting, CUSD’s land holdings include Assessor Parcel Nos. 125-096-59, -60, -69, and - 82 (hereinafter, “Parcels -59, -60, -69, and -82.”).

An estimated overlay of CUSD’s property as compared to an aerial depiction of the Assessor Parcel Map is available here.

2. Who Owns Parcel -82?

Based on the land grants to CUSD, CUSD owns Parcel -82. CUSD had its deeds plotted to confirm that understanding. CUSD reviewed its own records, as well as an index of documents recorded with the County of Orange, and uncovered no title transfers of Parcel -82 to any other entity. CUSD did transfer a small, unrelated portion of Parcel -69 to the Santa Margarita Water District in 2001.

CUSD, however, is also aware of certain discrepancies in County Records that reflect RMV Middle Chiquita, LLC, as the record owner of Parcel -82. It appears this derives from a 2004 grant deed from DMB San Juan Investment North, LLC, recorded with the County of Orange as Document No. 200400097815 on October 28, 2004 (referencing a Certificate of Compliance recorded on July 26, 2001, as Orange County Document No. 20010508635, as the basis for the legal description of properties, including a “Parcel 4” that would cover Parcel -82).

CUSD, through legal counsel, has thus ordered a title report for Parcel -82, to formally review this apparent conflict in ownership records, so that the discrepancy can be addressed.

Ultimately, DMB San Juan Investment North, LLC, could not convey property it did not own, and CUSD records reflect that CUSD owned Parcel -82 at such time.

3. Do the Ownership Discrepancies Relative to Parcel -82 Impact Current Grading Activities?
No. The apparent cloud on title relative to Parcel -82 needs to be resolved, and CUSD is actively working with legal counsel to do so. At this time, however, there are no grading activities on Parcel -82. When CUSD stated that no grading activities relative to the Los Patrones Parkway project are occurring on CUSD property, Parcel -82 was included within that statement. CUSD is monitoring grading activities in this regard.

CUSD has not approved any grading for Los Patrones Parkway on CUSD property.

4. Is Los Patrones Parkway Connecting to Tesoro Creek Road?

No. CUSD is aware that the original plan for Los Patrones Parkway (a.k.a. “ ‘F’ Street”) planned for a connection to Tesoro Creek Road. CUSD is currently reviewing whether any authority or granted right would have supported such a connection. Regardless, based on the F Street Addendum to County Final Environmental Impact Report Nos. 584 and 589, the approved alignment for Los Patrones Parkway, which is now under construction, will not connect to Tesoro Creek Road, but rather will connect to Oso Parkway (to the north) in the general alignment assumed for SR-241.

Ryan Burris
Chief Communications Officer Capistrano Unified School District