Known Facts

Subject property: APN 571-040-002, 44100 Ginger Circle, Sage CA. Title via Grant Deed Document 2007-027751, Parcel 2 RS 53/40. [APN 571-040-002, RS 53/40]

APN 571-040-004 (44135 Perryman Lane) is a separate parcel — the St. Pierre/Franko residence. APN 571-030-037 is also the Perryman Lane parcel (RS 53/47 par 3). [Assessor map]

Matt Riha (DEH), email December 6, 2012: "Hi Greg Within our data base and files, a permit to construct a well on this parcel is not available." This is the earliest written DEH confirmation that no permit for APN 571-040-002 exists. [ ]

Jeff Hall provided a written response in 2015 acknowledging the incorrect address and APN on the well permit. [2015 Response]

Ryan Olney (DEH), December 20, 2023, RE: CO0089023: "permit on file shows the wrong APN." [PRA Exchange 001 Items M-O]

The original February 26, 1990 application for Permit 16245 names owner Weber Valley Heights Assn. at 44135 Perryman Lane, APN 571-030-037 (RS 53/47 lot 3). Physical address of well is the same — Perryman Lane. No mention of 44100 Ginger Circle or APN 571-040-002. [WP0029371 p.1]

The original Permit 16245, issued February 27, 1990, lists Physical Address of Well: 44135 Perryman Lane, APN: 571-030-037-0. [WP0029371 p.3]

An amended version of the Permit 16245 application exists, bearing the same CK#397/Permit#16245. The amendment changes the APN to 571-040-001 and adds 44100 Ginger Circle as the well address. APN 571-040-001 is still not Reed's parcel (571-040-002). [WP0029371 p.5]

The Well Drillers Report under Permit 16245 shows work started approximately April 1990 and was completed December 5, 1990 — approximately 7–8 months. Ordinance 682 provides that a permit expires if work is not completed within 6 months of issuance. Permit 16245 was issued February 27, 1990. At the 6-month mark (approximately August 27, 1990) work was still ongoing. Based on the ordinance's own terms, Reed contends the permit may have expired before the well was completed. [WP0029371 p.2, Ordinance 682]

The Well Drillers Report (Permit 16245) does not specify 44100 Ginger Circle or APN 571-040-002 as the well location. DEH's association of this report with the subject property is not established by the document itself. Additionally the well described in the report (~600 ft depth) is located approximately 150 feet west of the 1985 Grant of Easement well — these are two distinct wells. [WP0029371 p.2, 1985 GoE]

Permit 16672 was issued June 13, 1990 to F.L. Hutchins for a well at 44240 East Benton Rd., Sage CA. Driller: A&B Water Well Drilling, Inc. Depth: 200 feet, completed July 25, 1990. This permit has no connection to Weber Valley Heights Water Association or APN 571-040-002. [WP0029372 p.1–3]

Best Best & Krieger's Exhibit C (submitted June 22, 2016) is a version of Permit 16245 showing Physical Address: 44100 Ginger Circle and APN: 541-040-002. Reed's actual APN is 571-040-002. The APN shown on the BB&K exhibit ("541") differs from Reed's APN ("571"). [ ]

The L.O. Lynch Well Drilling invoice (BB&K Exhibit D), dated April 23, 1990, Invoice #90-276, lists location APN 541-040-002-0 (again "541" not "571") and specifies drilling to 400 feet depth with a 7-inch bore. The Well Drillers Report under Permit 16245 shows the well completed to 600 feet depth. The invoice depth (400 ft) and the completed depth (600 ft) are inconsistent. [ WP0029371 p.2]

The 1990 Grant of Easement, Document #191167, recorded May 24, 1990, names the following grantees: Paul and Esther Klausing, Pat Kessler, Robert Franko and Deborah St. Pierre, Leroy and Janice Smith, Don and Sue Leuschen, Ronald and Alicia Leuschen, Earl and Adele Blackwelder, Gilbert and Norma Gaston, George and Mary Harris, Darren and Susan Moore. "Weber Valley Heights Water Association" is not named as a grantee. Greg and Sherry Reed are not named (they did not own the property in 1990). [ 1990-GoE.pdf]

California Secretary of State, July 14, 2014: "There is no record of the entity you requested" — for both "Weber Heights Non Profit Association" and "Weber Valley Heights Water Association 1973 to 2014." [ ]

Riverside County Clerk's Certificate (Peter Aldana), August 4, 2016: FBN search for WVHA covering 01/01/1972 through 08/04/2016 — NO reference found. [ ]

WVHWA bylaws were recorded in 1973 and 2002. No recorded grant deed conveying real property rights to WVHWA has been located in the archive. [1973 Bylaws, 2002 Bylaws]

DEH inspection reports for State ID #1790 from 2011 through at least 2021 consistently list 44135 Perryman Lane (APN 571-040-004) as the inspected address. Subject property is APN 571-040-002. [2011–2021]

The 2024 DEH final inspection references "Permit #29371." WP0029371 in the state system cross-references to County Permit EH16245. [2024 Final, WP0029371]