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Currently 2 Responses

  • 1.
  • To Kurt -- re your story about Arvida.

    I don't know who Katherine Sangster is -- or what moves Nancy Stroud -- but the deed is very specific. OR 002207 Pages 001323-001337. The non-granting of dwelling units appears on Page 001323 -- and "grantee" "understands.".

    Attached to the deed itself is a declaration containing a set of things titled RESTRICTIONS" It has fifteen pages -- 001338-001352. It contains twenty-nine numbered paragraphs. The paragraph numbered 29, on Pages 001351 and 001352 is titled TERMINATION DATE

    It reads as follows:

    TERMINATION DATE. The covenants and restrictions of this Declaration shall run with the title to the Property, and shall inure to the benefit of and be enforceable in accordance with its terms by Arvida, or its assigns, until December 31, 1995.

    These restrictions have no relation to numbers of units that can be built. The number of units that can be built are on the first page of the deed -- and in this case it is NONE.And there is no termination date to the deed!!!!

    The operative wording is this :

    Grantor is not hereby transferring to Grantee the right to construct any dwelling units upon the above property.

    I think this is what the lawyers say: Res ipse loquitur. The thing speaks for itself

    Bradford Saivetz
  •  
  • Bradford Saivetz
    Thu 10th Dec 2009
    at 1:49pm
  • 2.
  • The saddest day for every Longboater was the day Arvida left the island. You could trust their promises, count on their quality and know that every decision they made was for the mutual benefit of their firm and the residents. If they were developing what the Loeb crowd is now pushing it would be an honest straight-forward offering people could trust and probably would have been approved by now. The 500 pound gorilla in the council chambers is very simply that residents rightly don't trust Welley and his cohorts. Sad, but true.
  •  
  • HARVEY Bates
    Fri 4th Dec 2009
    at 8:30pm
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