Local internet service provider Monkeybrains has claimed part-ownership of a section of the much-contested Parcel 36 — and is securing its claim with a new fence and security guards.
Members of Mission Greenway, a greenspace advocacy group that installed planters in the parcel’s southwest corner more than a year ago, no longer have access to the property. As of today, their planters remain on the land.
Monkeybrains moved to secure the parcel immediately after receiving a permit for a new fence on Friday morning. They took down and replaced a chain-link fence along Treat Avenue, into which the gardeners had cut a gate months earlier and were using to access the property.
“Because there have been physical altercations in the past, Monkeybrains hired private security,” said Joe Arellano, PR rep for the company. A guard was present as the fence was removed and, according to Monkeybrains, security will now be on-site 24 hours a day.
“I wanted to work with Monkeybrains,” said Tree Rubenstein, a greenspace veteran who was formerly on the Mission Greenway board of directors. “I think I’ve been naïve.”
This is the latest twist in a saga that goes back decades. Ownership of the former rail spur, which runs diagonally between Treat Avenue and Harrison Street at 22nd Street, has been unclear since at least the 1980s, but neighboring businesses have long used the land for parking. Mission Greenway cut the locks on the parcel in October 2022 to install planters, and have since advocated for the land to become a public green space.
But neighboring businesses disapproved of the group’s methods, and raised safety concerns about opening the parcel to the public. Relations have become increasingly fraught: There was a violent altercation in May, a fence was rammed in July, and restraining orders were issued to multiple gardeners and Monkeybrains’ co-founder Rudy Rucker last month. Attempts at mediation have periodically fizzled.
The city has typically stayed out of the disagreement: “Since this is a dispute over private property, and the City is not a party in the dispute, we are not going to weigh in on this,” said Jen Kwart from the City Attorney’s Office regarding the recent developments.
While both groups have claimed use of the land for some time, neither has claimed ownership — until now.
How did Monkeybrains claim part-ownership?
Although the disputed land is colloquially called ‘Parcel 36’, it has actually been made up of three separate sub-parcels since 2019: 36A, 36B, and 36C.
36A was assigned to the long-defunct John Center Company. The tiny 36C was assigned to members of the Wehr family. Living descendants have not been found for either parcel.
The last parcel, 36B, is located at the southern end of the disputed strip of land, according to maps from the Planning Department. It was assigned to the Crim-Ready family. With the help of a private investigator, Rucker and fellow co-owner Alex Menendez tracked down descendants and other inheritors of the land over the course of several months.
22nd St
This sub-parcel was assigned
to the John Center company,
which has been defunct since
the early 1900s
36A
Harrison St
Alabama St
Folsom St
The Monkeybrains
warehouse
This tiny sub-parcel was
assigned to the Wehr
family, who are deceased
36C
Treat Ave
This sub-parcel was assigned to
members of the Crim-Ready family.
Monkeybrains tracked down inheritors
of their estate and persuaded six of
them to sign over their stakes.
It is in this parcel that Mission
Greenway set up its planters.
36B
Parque Niños
Unidos
23rd St
This sub-parcel was assigned
to the John Center company,
which has been defunct since
the early 1900s
36A
22nd St
Harrison St
The Monkeybrains
warehouse
Treat Ave
This tiny sub-parcel
was assigned to the
Wehr family, who
are deceased
36C
This sub-parcel was assigned to
members of the Crim-Ready family.
Monkeybrains tracked down inheritors
of their estate and persuaded six of
them to sign over their stakes.
It is in this parcel that Mission
Greenway set up its planters.
36B
These sub-parcels comprise Parcel 36. Map by Will Jarrett. Basemap from Mapbox.
The pair persuaded half a dozen inheritors from multiple states to sign their stakes in the land over to Monkeybrains. Each held a few percent of the subplot. As well as individuals, part-owners of the property included a private girls’ school, the Cleveland Orchestra, and the Cleveland Botanical Garden, all located in Ohio.
“Various agreements were put in place to secure the quitclaims,” said Arellano. “Some included monetary compensation.” Other claimants asked for the legal costs of changing ownership but not payment for the land itself, he said.
Monkeybrains claims that the gathered stakes give 17th and Peralta LLC, an affiliate company, roughly 18 percent ownership of parcel 36B, where the gardeners’ planters are located. Arellano said that the company does not claim ownership of 36C or of 36A, the sub-parcel the Monkeybrains warehouse backs onto, but attempts to find owners are ongoing.
The land transfers were conducted using quitclaims, rather than grant deeds. One important difference between these two legal tools is that quitclaims do not guarantee that the grantor possesses the land they are giving away.
A representative for the Assessor-Recorder’s Office confirmed that Monkeybrains’ quitclaims had been recorded on parcel, but stressed that their office does not determine ownership.
“Our office’s role is to determine the appropriate assessee, which while frequently consistent with who owns the property, is not always the same as the owner of title and does not determine who owns the property,” wrote spokesperson Abigail Fay over email.
“Monkeybrains is going through the formal legal channels and dealing with this as a private property issue, as the city requested,” said Arellano. “Meanwhile, Mission Greenway has not really been respecting the rule of law.”
“They are steamrolling this through,” said Jorge Romero, a volunteer with Mission Greenway. “It will not stop us from advocating for more green space in the Mission, including the Greenway.”
Reaction to the security
Over the weekend, members of Mission Greenway expressed their frustration at being unable to access the parcel and water their plants. Arellano said that notice of the fence permit was attached to one of the planters, but several members of the group said they had no forewarning.
At least one individual decided to disregard Monkeybrains’ ownership claim: around 7 a.m. on Sunday, an as-yet unidentified person cut a new gate into the fence. According to Rucker and Menendez, the police were informed and the parcel’s guards went from 12-hour to round-the-clock security. The fence has since been repaired.
For several hours on Sunday, around a dozen Mission Greenway campaigners held a vigil outside the parcel, handing out pastries and speaking with neighbors.
“Sunday was a wonderful thing to witness,” said Jay Martin, a greenway volunteer who has a mutual restraining order against Rucker. He said that although there was some acrimony between the security guards and the volunteers initially, they were soon talking peacefully.
“As a middle-aged guy, I have to say, the optimism of youth won the day,” said Martin.
But some groups elsewhere in the Mission have been less positive about Mission Greenway this week. Speaking on behalf of the Latinx Democratic Club, Kevin Ortiz said that they were in “full support of Monkeybrains.”
“There have been multiple instances of property damage,” said Ortiz. “There has been a ‘by any means’ mindset, and little control of the group as a whole.”
Santiago Lerma, legislative aide for District 9 Supervisor Hillary Ronen, said he was glad that at least some private owners had been found.
“Now there is some resolution, we hope that Monkeybrains uses the land for public benefit,” said Lerma. “At least the conflict should now subside.”
What will happen next?
Members of Mission Greenway are currently deliberating on how to respond, and hope to meet this week to discuss their options. An appeal of the fence permit is in the cards, said Romero: “If there is something done wrong, like last time, we will appeal.”
In April, the group successfully appealed a fence permit issued to Monkeybrains on the opposite side of Parcel 36, on the basis that they did not own the land the fence would sit on.
“I think we need a lawyer,” said Rubenstein. “I think the only way this land will be settled is through court.”
It is currently unclear if, or how, members of the gardening group will be able to retrieve their planters, although Arellano said Monkeybrains had no immediate plans to remove them.
Rucker and Menendez have previously said that they would be open to sharing the land with the public in some capacity, but not in collaboration with Mission Greenway.
In the meantime, litigation involving the parcel continues to rumble on, with Menendez and Martin set to appear in court for another restraining order hearing later this month.
Disclosure: Mission Local and Monkeybrains have a barter arrangement, exchanging advertising for service.
Great news. Cheers Monkeybrains. Greenway is made up of hostile, entitled people who us neighbors do not feel safe having around.
This comment says it all. While the Greenway appear to be calm and collected in their propaganda strategy through Mission Local their real life tactics are all but that…
“There have been multiple instances of property damage,” said Ortiz. “There has been a ‘by any means’ mindset and little control of the group as a whole.”
Presumably, the Mission Greenway could have hired a private investigator to track down the parcel’s heirs and did not. They also did not pay the outstanding property tax bill. Monkeybrains did. Case closed. Hopefully this is the last of this nonsense.
Monkeybrains is doing the correct thing by tracking down and securing the rights of the actual landowners so they can use the space legally. Mission Greenway could have done the same thing but they chose instead to throw a series of tantrums and act out with violence. Maybe there could have been an opportunity to share the space, but all the goodwill has been sucked right out of the parcel by the self-righteous, pirate gardeners.
I must speak up for Tree Rubenstein. I have known Tree for nearly 20 years, and he has always been an advocate of peaceful democratic development of community parks and gardens. He was instrumental in the development of Parque de Los Niños Unidos in the next block of Harrison, and organized the Free Farmstand to give away food every Sunday in that park. He is no longer involved with Mission Greenway probably because he disapproves of their violence. The idea that he somehow ‘conquered’ a community garden there is absurd. His desire has always been for broad public access and mutual benefit. Please do not smear his good name.
Why is Tree Rubinstein’s garden on the spur at 23rd between Shotwell and Folsom never open? This group expects to access plot 36 whenever they like and yet that “community garden” is always fenced and locked.
“I think we need a lawyer,” said Rubenstein.
Oh well, that, and cold showers daily.
Get a lawyer then tree, what standing do you have? NONE. Maybe try listening to the neighbors rather than gathering a bunch of bullies to intimidate your way….So clueless
I’ve been living in this part of the Mission for over 25 years. To be honest, the fact that Monkey Brains is attempting to own the section of this disputed parcel that is not connected to their property but IS where the Mission Greenway gardens are seems motivated by vindictiveness and I have lost some respect for Monkey Brains–a local company I previously respected. 18% ownership by quitclaim, seems like a land grab. Just because this may somehow be legal definitely does not make it ethical.
This land shouldn’t be privately owned. The creation of Parque Nínos Unidos had a huge impact on the livability of the neighborhood and has been an amazing asset for a large and diverse group of people in the neighborhood. This disputed section of railroad land has always been slated to be a green thoroughfare and park. We need more public space, we have plenty of private space, and this small area could benefit so many people. It’s disappointing to me that the Mission Greenway’s approach has been so combative. It definitely turned me off to them, but not to the idea that this are should be public, ideally added to the Parks and Rec land who have done a fine job of managing Parque Ninos Unidos and keeping it clean and accessible.
Still doesn’t sound like Monkeybrains has title (a quitclaim just means that specific person isn’t going to assert title), so it’s not clear by what legal theory they have any right to be excluding others from the parcel. Or applying for permits as the “owner.”
As a former Monkeybrains customer, I find it ironic they have 24-hour security on a parcel that’s not theirs, but you can only contact support Mon-Fri 9-5. When our service would go out on a Friday evening or a Saturday, that was it: no internet for the weekend. The only reason to ever go with them was goodwill. Supporting what we used to think was a community-oriented business, before they decided to go to war with the neighborhood to save money on parking.
The argument that quitclaim from 18% of potential owners is the same as ownership would fail an intro law school property exam. And quitclaims are generally against the world; ie if someone in Cleveland says “we don’t own it”, that tells you Monkeybrainz might own it, but it also tells you Tree might own it, and it also tells you I might own it. In other words, it tells you nothing useful, and it is embarrassing that the city is treating it otherwise.
This is not accurate. A quitclaim conveys any interest an entity or person might have in land to another named party. Presumably, MB was named as that party here giving them the associated interest. If the groups conveying the interest were recognized by the city recorder as owners, then MB is indeed an owner of undivided interest per the city.
The parcel should be a beautiful public greenspace for everyone. I can’t fathom wanting to instead turn it into a gated parking lot for a private company.
Jeeze, I was in that building for years, Earnest Heinzer and his brother Jim Heinzer gave low rents to artists, working artists – prime locaiton in the Mission. They supported the arts and artists The Misssion greenway attacked us and claimed we used this land to have bbqs and park our cars – yes, our vans and trucks we used to sustain ourselves economically in the most damn expensive city on the west coast.
Were a collective of artists, all scambling to make ends meet. This is an old fight and the stance from Mission Greenway is complete BS. This building was the LAST stronghold of extremely affordable space for local, working artitsts. I used that ‘contested’ loading dock daily to load MY WORK in and out. This is all nonsense and total BS entitlement. Monkey Brains is a great, small, local company and they completely deserve to work out of that building and use it for the commercial needs that it continues to provide. I am thrilled to learn they are the new occupants and that they are continuing the fight to keep a commercial and functioning non-residential space going. Go to the damn parks all over the place, visit open studios and support local business and artists.
if it is public property, then all squatters should be removed. Mission residents have a bad habit of making themselves feel at home when some place appears to be unoccupied or abandoned. Official property titles should prevail in this matter.
Disputed land should be returned to native tribes it was stolen from. It’s pathetic this ridiculous fight has been allowed to go on for so long.
Hopefully, Monkeybrains will line up “Mission Greenway’s” plantings against the fence, offer them a final cigarette and a blindfold, and execute each in turn with squirts of RoundUp. The scene will be memorialized for posterity in oil like Manet’s Execution of Maximillian.
Cannot fathom being this petty just to turn a community garden into a few parking spots. So glad we didn’t switch to their “maybe doesn’t work in the rain” service.
We need to let SFBike know of the space and soon we can have a three way armed fight to the death between the loud brashly costumed cyclists, the earthy entitled planters, and the yuppie nerds.
People are more divided on this than on the Hamas-Israel war
Monkeybrains are clearly extremely determined to steal for themselves, and themselves only, what should rightfully be PUBLIC property. Absolutely disgusting, especially for a company trying to rest on its reputation as a Local Business. Way to drive us all to Sonic.
I don’t think Monkeybrains is stealing public property. Monkeybrains paid for private property, according to this article and the updated assessor records, which the author could confirm themselves at sfassessor.org.
Mission Greenway is stealing private land and stealing the idea of “the public” and “the community” for their own entitled Mission colonizer selves. This is a tactic we’ve seen before from Tree Rubenstein. Look at his successful conquista of the 23rd and Shotwell “Community Garden” which is perpetually locked and inaccessible to the community.
Accusing your enemy of doing the thing you are doing is called “Accusation in a Mirror” which has a fascinating history that the Mission Greenway braintrust is clearly familiar with: https://en.wikipedia.org/wiki/Accusation_in_a_mirror
sounds like they went through all the official channels here. sorry you hate laws.
Actually switching from Sonic to monkeybrains. The community does not want Mission Greenway around with their hostile behavior. If they want to be productive and improve green space, start by cleaning up the messy corner of 23rd and Harrison.
The City could have downzoned and condemned that parcel to flush out any interests and reduce the market value for an escrow acquisition but they did not have the political will.