Point Reyes Light - November 24, 2004
BPUD claims ownership of disputed homesite
By Jacob Resneck
A proposal to build a house on a crumbling cliff along Ocean Parkway in Bolinas is drawing fire from neighbors as well as Bolinas Public Utility District directors. Neighbors claim that the cliff is too fragile for development and could fall into the sea.
BPUD, on the other hand, claims it owns the homesite and has asked county lawyers for advice.
As far as clothier Jeremy Kidson, owner of Jeremys, a chain of clothing stores in San Francisco and Berkeley, is concerned; he purchased the thin, 49.5-acre lot on the Bolinas Mesa this month.
Selling the acreage was the Smadbeck family, who first held title to the property since early in the last century.
Kidson told The Light that he wanted to build two houses: one 3,000-square-foot main house and a 900-square-foot guesthouse. Part of the proposal includes use of a sewage-holding tank that would be pumped out every month.
"What we would envision," he said, "would not happen unless we were certain that there would be no negative impact on the land in terms of erosion" or views of neighboring residents.
On Nov. 10 and 11, Kidson’s engineers cut a 10-foot-wide path and drilled to take core samples of the cliff to test the consistency of the soil. Neighbors called the sheriff; however, Kidson had received a permit from county Environmental Health Services the week before, and a deputy found no violations.
Kale Road resident Jackie Thomas, who lives near Kidson’s property, said she is worried that allowing Kidson to build would set a bad precedent.
‘He’ll bring the cliff down’
"And in spite of his verbal guarantees that he’s not going to do anything that would disrupt anyone’s life," Thomas said, "it is just not possible. He’ll bring the whole cliff down."
Ocean Parkway resident Shannon Kilkenny agreed. "We don’t trust him. The integrity of the entire cliff is at stake." She noted that Ocean Parkway used to exist around the Duxbury Reef but eroded away in places where Kidson would like to build.
BPUD manager Phil Buchanan this week said there is another problem with Kidson’s proposal. Its ownership is complicated, Buchanan said. In 1944, the Smadbeck family fell behind in property taxes and a number of parcels were ceded to the Bolinas Beach Public Utility District by the county tax collector. The Bolinas Beach Public Utility District merged with Bolinas Public Utility District in 1967.
On maps from the era, the cliff was marked as "Park," and when the tax collector passed title to the site to Bolinas Beach Public Utility District, the deed referred to site as "Park" and included it in the transfer of ownership.
"We look at this grant deed from the county in 1944 as pretty unequivocal," Buchanan told The Light. "It’s hard to understand how something can go delinquent [in property taxes] and then they got it back."
Last week, the BPUD voted unanimously to send a letter to County Counsel asking advice. Should County Counsel conclude the land is Kidson’s, the BPUD letter said, "[BPUD’s] recourse would be in the courts."
Buchanan noted that Kidson took out more than $1 million in title insurance and that title companies seldom make such large mistakes, though it is not unheard of. Should the title end up belonging to BPUD, Buchanan noted, Kidson would be well compensated by an insurance company.
No ‘McMansion’
Kidson, in turn, said, "The BPUD is noble in its representing the community, and I had a good conversation with Phil Buchanan. But I am positive BPUD does not hold title to that property."
Kidson acknowledged that in order to build a house, a number of agencies would have to approve it, from county Planning Division to the state Coastal Commission. Kidson said that at present there are more questions than answers.
Where would Kidson get his water? "I don’t want to get into the water right now," he replied. Wouldn’t the county have to rezone the parcel, which is currently open space? "More questions than answers," he said.
Planning Division senior enforcement-specialist Debbi Poiani told The Light the lot is zoned as a "coastal open area" and would probably require "some kind of rezoning" from planning commissioners before Kidson could build on the land.
Kidson said he would like to eventually make the house his permanent home, adding that he plans to use "sustainable materials" in construction and plans to keep the buildings modest.
"We’re not going to build any McMansion, and there will be no heliports," he quipped. "This is about working with, and being part of, the community, not about making a statement against it."