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Trouble bubbles up over Atherton fountain
San Francisco Chronicle ^ | 5/22/5 | Diana Walsh

Posted on 05/22/2005 1:19:32 PM PDT by SmithL

The real estate brochure advertising an Atherton home promised the buyer would own a part of local history. But at $3.5 million, Manuel Henriquez wasn't interested in the history. All he really wanted was the dirt: nearly one acre of land where he and his wife planned to build their dream house.

But now the history part of the deal -- a massive, century-old fountain in the middle of the property Henriquez wants to buy -- has become his white elephant in the garden. Even before closing the deal, he's spent thousands of dollars on legal fees, consultants, landscapers and a "fountainologist" to figure out what to do with an artifact -- a 130-year-old relic from one of Atherton's oldest and grandest estates -- he didn't want in the first place but could be stuck with. . . .

No one in Atherton -- ranked by Forbes magazine as the most affluent town in the country, based on home prices -- seemed to care about the house or the beautiful garden. But the fountain, which was all but forgotten for decades by most everyone but its owner, has become the cause celebre for the town's leading preservationist -- Marion Oster.

Oster has had her eye on the ornate fountain for years, and not just because she heads the Atherton Heritage Association. She has lived next door to the fountain for two dozen years and helped get it restored a decade ago. In fact, she had hoped one day to own the fountain and the property it sits on herself.

When another buyer came along, Oster says, she began to worry...

(Excerpt) Read more at sfgate.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; US: California
KEYWORDS: atherton; libertarians; propertyrights
Property rights in this Workers' paradise? Don't be silly. This very rich communist couldn't afford to buy the property, so she turned to the local politburo to steal it on her behalf.
1 posted on 05/22/2005 1:19:32 PM PDT by SmithL
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Fred Chapman says he used to swim in the fountain on his late mother's Atherton property, which he is now trying to sell.
2 posted on 05/22/2005 1:20:18 PM PDT by SmithL (Proud Submariner)
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To: SmithL

3 posted on 05/22/2005 1:28:13 PM PDT by fieldmarshaldj (*Gregoire is French for Stealing an Election*)
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To: SmithL

I have a solution: let the commie-crat Marion Oster BUY the fountain with HER OWN MONEY and PAY (with her own money) to have it moved onto HER OWN PROPERTY. If the landowner(s) where the fountain sits agree to this, it would be the only suitable solution for people who actually believe in freedom and property rights - other than letting the new owner dispose of the fountain however the h--- he pleases.


4 posted on 05/22/2005 1:30:17 PM PDT by Enchante (Kerry's mere nuisances: Marine Barracks '83, WTC '93, Khobar Towers, Embassy Bombs '98, USS Cole!!!)
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To: Enchante

That would make way too much sense. She not only wants to protect the fountain, she wants to force the PROPERTY OWNER to protect it on the same property.


5 posted on 05/22/2005 1:33:55 PM PDT by SmithL (Proud Submariner)
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To: SmithL
What's amazing is that the fountain is not even visible from the meddling neighbor's yard nor from the street. You actually have to be on the property to even see it. It's one thing for a neighborhood to have an historical building preservation program, but those are presumably for structures that are visible from public lands.

It sounds like the new owner is getting used to the idea of having the fountain. But what he will never get used to is having an ass for a neighbor.

6 posted on 05/22/2005 1:45:14 PM PDT by mcg1969
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To: SmithL

Actually, Hernandez is lucky to have it. It's beautiful. If I bought property with something like that on it, I'd think I struck gold.


7 posted on 05/22/2005 1:49:22 PM PDT by Capriole (I don't have any problems that couldn't be solved by more chocolate or more ammunition)
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To: Capriole

I think that it would be cool to own, too (although my homeowner's association would object to me putting it in my front yard). But should your neighbor have the right to insist that you keep it in your yard?


8 posted on 05/22/2005 2:07:09 PM PDT by SmithL (Proud Submariner)
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To: Enchante

Bedford, NH - one of the wealthiest towns in the state - had similiar situation over a barn that was located next to a highway. The owner couldn't afford to maintain it. When it became unsafe, the decision was to sell the land to a developer. Some goofy bimbo decided the town needed to 'save' the barn to preserve the 'character' of the site.

It took a year or so of legal haggling but there is now a bank, drug store and commercial buildings on the site. None of them look much like a real working barn - the look is more like a SoHo architect's 'vision' of a barn - but some multiple thousands of tax dollars went into the fight rather than something foolish like the local school fund or anything like that.


9 posted on 05/22/2005 2:30:23 PM PDT by NHResident
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To: SmithL
Even though she can't see the fountain from her yard and it can't be seen by anyone else unless they are in the Chapmans' backyard, Oster says she'd like the fountain to stay put -- but if it has to be moved, she'd like to see it kept on the same property where it now sits.

This is really very simple, her bid was too low so she is using a polition on the Planing Commission to scuttle the deal and then mayby the next time her bid will win. This is simply extortion and any decent lawyer from Atherton should be able to rip her position apart.

10 posted on 05/22/2005 2:37:42 PM PDT by KC_for_Freedom (Sailing the highways of America, and loving it.)
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To: Enchante
Yes that would work but using your tax dollars is sooooooooooooooo much cheaper for the little commie.
11 posted on 05/22/2005 2:38:52 PM PDT by Mark in the Old South (Sister Lucia of Fatima pray for us)
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To: SmithL

I would leave the fountain in place and build my house around it.


12 posted on 05/22/2005 2:46:06 PM PDT by mlmr (The Culture of Death will get a lot more deadly before it's done.)
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To: mcg1969
"...what he will never get used to is having an ass for a neighbor."

This is the San Francisco Bay Area. They're inescapable.
13 posted on 05/22/2005 3:33:45 PM PDT by RightOnTheLeftCoast (You're it)
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To: Capriole
It sounds like it is out of place. Believe it or not, just because it is a beautiful piece doesn't mean that it fits in the new schema of the landscape. It screws with the feng shui, don't you know.

This whole business is barbrastreisand. The fountain is Hernadez's to do with as he pleases. I hope he sells it and makes lots of money.

14 posted on 05/22/2005 4:00:16 PM PDT by thegreatbeast (Quid lucrum istic mihi est?)
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To: SmithL

He should grow a pair and have it destroyed just to PO his commie neighbor. Now that would be something.

To me it's beautiful but if it's his property, he should be able to do what he wants with it.


15 posted on 05/22/2005 4:03:56 PM PDT by Lx (Do you like it, do you like it Scott? I call it Mr. and Mrs. Tennerman chili.)
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To: SmithL

Have a keg party for a local college and sweep the pieces of the damn thing in the dumpster the next morning.....oooops !


16 posted on 05/22/2005 4:09:24 PM PDT by Squantos (Be polite. Be professional. But, have a plan to kill everyone you meet. ©)
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To: Lx
Often the fines for such an infraction are worth the cost. Alas, what is not worth the cost is the making of enemies on the Planning Commission. If you're trying to get building permits you don't want to have them pissed off at you.
17 posted on 05/22/2005 6:38:25 PM PDT by mcg1969
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To: mcg1969

You're 100% correct. Screwing with those people would definately put a hurt on a building you might want to do but still, it would be cool.


18 posted on 05/22/2005 9:19:30 PM PDT by Lx (Do you like it, do you like it Scott? I call it Mr. and Mrs. Tennerman chili.)
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To: Abram; Annie03; Baby Bear; bassmaner; Bernard; BJClinton; BlackbirdSST; blackeagle; BroncosFan; ...
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
19 posted on 05/22/2005 9:28:10 PM PDT by freepatriot32 (If you want to change government support the libertarian party www.lp.org)
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