The Toll Road is Being Graded on District Property

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

Up-date to Blue Card Dawn Urbanek for this Item (1-26-2018) I was unable to attend this meeting and did not speak to this Item.

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)

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 possibly 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.