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Crown Harbor Homeowner Association

Adjacent Federal Property

The Federal Property adjacent to Crown Harbor had been vacant for years. It was sold to a developer (Tim Lewis Communities). As part of its redevelopment, the City of Alameda rezoned the property to commercial residential. Based on a petition signed by enough voters to put the measure on the ballot, the City reversed its decision, and now the property is zoned as open space. As a result, the developer withdrew its claim to the property since, as open space, it is only attractive to the East Bay Regional Parks District (EBRPD). Despite this, the Federal government attempted to conscript McKay street using eminent domain to obtain $3.1M offered for the property by the developer, instead of the $1.1M offered by the park district, to cover their cost of downsizing. With a liaison from the city of Alameda, the parties eventually settled on a ~$2M price, and the property was sold to EBRPD. On March 3, 2017, EBMUD submitted an application for Design Review permit for their newly acquired property on McKay Avenue.

Below is a map of EBMUD's best case scenario plan. The plan is considered best case because EBMUD does not yet have enough money to fully fund this vision.

plan

issues

Issues for Crown Harbor

The Association will now work with EBRPD to resolve its issues:

  • Fence along Property Line

    The fence that separates Crown Harbor from the property is not on the property line. Crown Harbor would like the existing fence to remain in place. Crown Harbor would continue to maintain the trees and other vegetation that are technically on EBRPD property.

    The Crab Cove site plan contains the text "LOT LINE ADJUSTMENT TO EXISTING FENCE." This has two possible meanings:

    • LOT LINE ADJUSTMENT TO EXISTING FENCE

      The old lot line has been adjusted so that the new lot line aligns with the existing line.

    • LOT LINE ADJUSTMENT TO EXISTING FENCE

      The new lot line includes a planned adjustment to the existing fence.

    In the event that EBRPD indicated that they want to move the fence, there are two legal issues that can be looked at by a qualified real estate attorney. Legal services on this issue may be paid for by applicable title policies since the Association is an insured.

    • Has the Association acquired a legal prescriptive right to continue to have and to use the property because it has done so openly and notoriously since 1979, more than the statutory 5 years required to gain prescriptive rights?
    • If the Association loses its appeal for the property, do all Owners (including the Association) have claims against our title insurance carriers for lost value? The title insurance policies also may provide us with legal counsel on this issue.
  • Shared Sewer Drains

    The federal government had an easement to share Crown Harbor sewer drains. Those easement rights should transfer to EBRPD. The Association would not be on the hook for any pollutants that originate from EBRPD but pass through our drains.

  • Appearance of EBRPD Property

    EBRPD has typically treated the adjoining property as a maintenance yard. Crown Harbor would like to see a more attractive appearance to the property.

city

Meetings, meetings, meetings...

Dave Eck documented the Board's position in the June 2013 issue of The Clarion. The information from this page and its links has been summarized in a frequently asked questions page.

press

Press coverage

Pro EBRPD

Neutral

Pro Tim Lewis


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