Atherton property with historic fountain bought by preservationists Atherton property with historic fountain bought by preservationists (July 06, 2005)

By Andrea Gemmet

Almanac Staff Writer

The historic Flood estate fountain, the focus of a historic preservation controversy brewing in Atherton, is going to stay put. Located in the backyard of 42 Flood Circle in the Lindenwood neighborhood, the property is in escrow and the soon-to-be owners told the Almanac they intend to restore the three-tier J.W. Fiske fountain to its former glory.

"It was the opportunity of lifetime to make sure the fountain was restored and stayed in its original place. It was also a wonderful opportunity to expand our garden," said buyer Marion Oster, who heads the Atherton Heritage Association and lives next door to 42 Flood Circle with her husband Robert.

In April, prospective homebuyer Manuel Henriquez's plans to move the Victorian-era fountain to make way for the construction of a new home raised an outcry among preservationists and members of the Lindenwood Homes Association, who feared losing a cherished artifact. Lindenwood is dotted with objects, including streetlamps, urns, benches and statues, that were once part of Linden Towers, the elaborate 1880 estate of Silver King James C. Flood.

The Atherton City Council passed a temporary law to regulate any alterations to the fountain and other historic artifacts while a permanent preservation measure is crafted. As a result, the sale of 42 Flood Circle fell through, and the property's sellers, heirs of longtime owner Virginia Chapman, offered to donate the fountain to the town, along with $100,000 toward its relocation.

During a highly charged April 20 City Council meeting, real estate agents accused Ms. Oster of trying to undermine the sale so she could buy 42 Flood Circle at a discount. Ms. Oster vigorously denied the charges.

At the time, Ms. Oster said she and her husband had never made an offer on the property, although they were given the chance to buy it for $3.7 million before it was put on the market. They declined, and the house was listed for $3.5 million.

After the ill-will generated by the council's action, Mr. Oster didn't think the Chapman heirs would sell the house to them at any price, Ms. Oster said. But a friendly note from Virginia Chapman's daughter got the ball rolling again, and the Osters decided to make an offer. The Chapman children countered, and the Osters agreed to a $3.4 million price, Ms. Oster said.

While she said she did worry that buying the house would renew accusations against her, Ms. Oster said she thinks everyone comes out a winner.

"The Chapmans now can have closure to that part of their life, and it certainly gives me a project," she said.

Ms. Oster said she plans to tear down the old house and tame the yard's overgrown vegetation so the fountain can be viewed from the street. At the moment, the landscaping has grown so wild that even the house is barely visible, she said.

"In designing the garden, we'll make sure there's a porthole of visibility," she said.

The next airing of the historic preservation rules is tentatively scheduled for this fall. Historic consultants hired by the town plan to spend the summer conducting research and soliciting public input, and aim to bring their findings to the September City Council meeting.

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