10/19/2009 5:42:15 PM
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Section 5: OPA Board Subject: OC Bayside Appraisal Msg# 703252
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Hi All Commentators: Again, Joe has raised serious concerns regarding the lease of our property currently used by Seacrets. What ever it takes, this matter should be explored to the fullest degree. The Ho-Hum attitude irks me, too. Has GM Olson ever heard of "Adverse Possession?" Would it apply in a leasehold interest? The OPA as Lessor should have been consulted! Is there any documentation in that regard? So much for a proper rent amount at the time the new lease was signed? What? Who? Negogiated the lease? Were we behind the curve again????? Bruce McIntire |
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For reference, the above message is a reply to a message where: Land area usable is 23,524 SF and 2,503 SF encroached upon by building and fencing by the Seacrets parcel to the south. Overall parcel is 60,548 SF, including wetlands. How long has this encroachment existed? Is there a chance of adverse pssession? Has proper notification been made to Seacrets, that they are encroaching? I think this is a real bag of worms that must be investigated. If they are encroaching what about any setbacks that should have been required by the city? If it is a building as well as a fence. Does the appraisal show a drawing of the encroachment? How can the Board just shrug their shoulders? I think this is the most important mattter you raised. We are more important to Seacrets than they are to us. They need that parking or they probably would have to decrease the size of their entertaiment areas. City code requires a certain amount of parking for every type of retail, restaurant etc. If they don't have the parking, guess what? they will most likely have to close down part of their activities. And we must protect our rights and property. \ |
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