Homewood Beach Ownership Controversy

Homewood-Tahoma Area History
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Timeline: In 1889 Thomas McConnell laid out a map for development of lots in Homewood. In his original Lakeside subdivision (1918), which included one row of lots on each side side of Hwy 89, Thomas McConnell had established the beach as a public road available to all residents not just the lakefront homeowners. In 1987 Placer County started procedures to issue quitclaim deeds transferring ownership to lakefront property owners. Click on map to enlarge Current (2018) Assessors Map Note: The beach is still shown as Lake Avenue. In 1960 my family bought the Farmer residence (Ed Farmer was an early Homewood settler who built the grocery store, which is now Obexers Market in 1909) across the street McConnell's. I worked the the old Homewood Resort until it was torn down in 1963. We had always used the beach between what is now High & Dry Marina and Obexer's while respecting the lakefront homeowners property with no problem. However, there were issues in the past I was not aware of. In 1987 the issue came to a head with Placer Counties proposal to issue quit claim deeds to transfer ownership the the lakefront homeowners. Streets which are still county property running down to the beach, Fern, Trout, Tahoe Ski Bowl are just walking trails between Hwy 89 and the beach now, but the beach at the end is available to the public. Legal ownership may still be vague. In in the late 50's the Calendars and Perrymans prompted Placer County in the late 50's to order all the individual lakefront owners to remove side fences and decks off their (Placer County's) Beach. The Lakefront owner's sued back and the Court Decision of Royal Miller vs Placer County concluded that neither the Lakefront owner's or Placer County owned this beach parcel; it belonged to all the uphill as well as Lakefront owners, primarily? because of the recorded 1918? notice by the Subdivider Tom McConnell of his intent for this Beach parcel. In the early 60's, Ray Perryman, worked with Placer County on the issue. The Superior Court Decision and Appellant Court Decision was that Placer County owned this Beach. Obexer's then signed a lease with Placer County for the use of this beach! The following is based on some correspondence my father had and my best recollection and may not be completely accurate: The ownership of Lake Avenue was shown as unknown in the county records. In 1985 the Placer County Assessors office investigated and and found no deed. They only found a statement by McConnell that it was to be retained as a "Park" for the use of the owners of lots in "Lakeside Subdivision". The County agreed to abandon any claim to Lake Ave. and determined that it belonged to the heirs (children and grandchildren) of Thomas McConnell. There were liability issues and in 1987 they proposed transferring ownership to the lakefront property owners with quitclaim deeds. The other property owners were concerned that the access they had always had to the beach would be cut off. The "Homewood Terrace Property Owners Association" was formed to try and get ownership of Lake Ave.. Meanwhile the Lakefront property owners formed their own "Homewood Lakeside Homeowners Assn." with the same objective. There were issues as to the boundaries of lake Ave. It was technically from the high water mark to the edge or the lakefront property owners lot, but many property owners had decks which came almost to the high water mark and they, understandably, didn't want people walking across their decks. The last documentation I could find in my father's files was in Oct. 1989, where the state Attorney General was involved in resolving the issue. In 1991 the "Homewood Homeowners Association" was formed unifying the two organizations. It included property owners in the Lakeside, San Souci, Saunders-Taylor tracts and that portion of the McKinney Tract extending from South Street to the northern boundary of Ski Run Boulevard. I don't have any details on the compromise, but I think the non-lakefront owners were given rights/ownership to parcels at the end of Silver, Oak and Fern streets and the lakefront owners got rights/ownership to the beaches in front of their properties. The Feb., 2006 Homewood Home Owners Association minutes state: "Mr. Topol is also interested in providing assistance to the Association relative to validating the title to our beach parcels." These are parcels at the end of Silver, Oak and Fern (some parking) Streets. As of Spring 2007 the Home Owners Assn. still needed official parcel numbers for these tracts to apply for permits for buoys on the lake. In the spring of 2007 Mr. Topol promised to contribute $100,000 to the Homewood Home Owners Association for development of public beach access in the Homewood area, for their support of his revised plan (6 units instead of 9) for the expansion of "Villas at Harborside". In 2010 the lakefront homeowners hired an attorney to work on the issue and he concluded the same as the Royal Miller Case. Current Issues: April 2011 HOHA Board Meeting at the law offices of Sproul Trost LLP inRoseville. According to David Powell, the most recent 2010/2011 activity between the County and the Association in this 115 year back-and-forthwith the County over the status of Lake Avenue (public or private property)had been initiated by the Association in the context of its efforts to obtainpermits from the Tahoe RegionalPlanning Agency (TRPA) for buoys in thewaters of Lake Tahoe east of Fern and Trout Streets within the Lakeside on Lake Tahoe subdivision. 2011 HHOA Board Meeting Pres. Powell also reminded the board that the South Street street end parcel is currentlyused by Obexer’s for access to their boat ramp. As such, he felt the HHOA should quit claim itsrights in the South Street street end parcel to Sarah Obexer to eliminate the HHOA paying anyfees on this parcel and to eliminate any liability to HHOA it may have by owning this parcel. 2018 HHOA Board meeting they discussed it: Shoreline Ordinance.Sayles, Powell, Gray met with Shoreline Consultant on Thursday; Turner and McPherson attended telephonically. At meeting, decided to write a legal letter to TRPA regarding validity of quitclaim deeds and unanswered questions involving retirement of APNsfor HOA pier. Board reconsidered letter and will instead meet with TRPA boardmembers to discuss these issues more fully. >

Homewood-Tahoma Area History

Timeline:
In 1889 Thomas McConnell laid out a map for development of lots in Homewood.
In his original Lakeside subdivision (1918), which included one row of lots on each side side of Hwy 89, Thomas McConnell had established the beach as a public road available to all residents not just the lakefront homeowners.

In 1987 Placer County started procedures to issue quitclaim deeds transferring ownership to lakefront property owners.

Click on map to enlarge

Current (2018) Assessors Map
Note: The beach is still shown as Lake Avenue.

In 1960 my family bought the Farmer residence (Ed Farmer was an early Homewood settler who built the grocery store, which is now Obexers Market in 1909) across the street McConnell's.
I worked the the old Homewood Resort until it was torn down in 1963.
We had always used the beach between what is now High & Dry Marina and Obexer's while respecting the lakefront homeowners property with no problem.
However, there were issues in the past I was not aware of.
In 1987 the issue came to a head with Placer Counties proposal to issue quit claim deeds to transfer ownership the the lakefront homeowners.

Streets which are still county property running down to the beach, Fern, Trout, Tahoe Ski Bowl are just walking trails between Hwy 89 and the beach now, but the beach at the end is available to the public. Legal ownership may still be vague.

In in the late 50's the Calendars and Perrymans prompted Placer County in the late 50's to order all the individual lakefront owners to remove side fences and decks off their (Placer County's) Beach. The Lakefront owner's sued back and the Court Decision of Royal Miller vs Placer County concluded that neither the Lakefront owner's or Placer County owned this beach parcel; it belonged to all the uphill as well as Lakefront owners, primarily? because of the recorded 1918? notice by the Subdivider Tom McConnell of his intent for this Beach parcel.

In the early 60's, Ray Perryman, worked with Placer County on the issue.
The Superior Court Decision and Appellant Court Decision was that Placer County owned this Beach. Obexer's then signed a lease with Placer County for the use of this beach!

The following is based on some correspondence my father had and my best recollection and may not be completely accurate:
The ownership of Lake Avenue was shown as unknown in the county records. In 1985 the Placer County Assessors office investigated and and found no deed. They only found a statement by McConnell that it was to be retained as a "Park" for the use of the owners of lots in "Lakeside Subdivision". The County agreed to abandon any claim to Lake Ave. and determined that it belonged to the heirs (children and grandchildren) of Thomas McConnell.
There were liability issues and in 1987 they proposed transferring ownership to the lakefront property owners with quitclaim deeds. The other property owners were concerned that the access they had always had to the beach would be cut off. The "Homewood Terrace Property Owners Association" was formed to try and get ownership of Lake Ave.. Meanwhile the Lakefront property owners formed their own "Homewood Lakeside Homeowners Assn." with the same objective.

There were issues as to the boundaries of lake Ave. It was technically from the high water mark to the edge or the lakefront property owners lot, but many property owners had decks which came almost to the high water mark and they, understandably, didn't want people walking across their decks.

The last documentation I could find in my father's files was in Oct. 1989, where the state Attorney General was involved in resolving the issue.

In 1991 the "Homewood Homeowners Association" was formed unifying the two organizations. It included property owners in the Lakeside, San Souci, Saunders-Taylor tracts and that portion of the McKinney Tract extending from South Street to the northern boundary of Ski Run Boulevard.

I don't have any details on the compromise, but I think the non-lakefront owners were given rights/ownership to parcels at the end of Silver, Oak and Fern streets and the lakefront owners got rights/ownership to the beaches in front of their properties.

The Feb., 2006 Homewood Home Owners Association minutes state:
"Mr. Topol is also interested in providing assistance to the Association relative to validating the title to our beach parcels."

These are parcels at the end of Silver, Oak and Fern (some parking) Streets. As of Spring 2007 the Home Owners Assn. still needed official parcel numbers for these tracts to apply for permits for buoys on the lake.

In the spring of 2007 Mr. Topol promised to contribute $100,000 to the Homewood Home Owners Association for development of public beach access in the Homewood area, for their support of his revised plan (6 units instead of 9) for the expansion of "Villas at Harborside".

In 2010 the lakefront homeowners hired an attorney to work on the issue and he concluded the same as the Royal Miller Case.

Current Issues:

April 2011 HOHA Board Meeting at the law offices of Sproul Trost LLP inRoseville.
According to David Powell, the most recent 2010/2011 activity between the County and the Association in this 115 year back-and-forthwith the County over the status of Lake Avenue (public or private property)had been initiated by the Association in the context of its efforts to obtainpermits from the Tahoe RegionalPlanning Agency (TRPA) for buoys in thewaters of Lake Tahoe east of Fern and Trout Streets within the Lakeside on Lake Tahoe subdivision.
2011 HHOA Board Meeting
Pres. Powell also reminded the board that the South Street street end parcel is currentlyused by Obexer’s for access to their boat ramp. As such, he felt the HHOA should quit claim itsrights in the South Street street end parcel to Sarah Obexer to eliminate the HHOA paying anyfees on this parcel and to eliminate any liability to HHOA it may have by owning this parcel.
2018 HHOA Board meeting they discussed it:
Shoreline Ordinance.Sayles, Powell, Gray met with Shoreline Consultant on Thursday; Turner and McPherson attended telephonically. At meeting, decided to write a legal letter to TRPA regarding validity of quitclaim deeds and unanswered questions involving retirement of APNsfor HOA pier. Board reconsidered letter and will instead meet with TRPA boardmembers to discuss these issues more fully.