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MICHAELBES 11 &FRIEDRICH Atto,zeys at Law One South Pinckney Street Offices In: P.O.Box 1806 Milwaukee,Wisconsin Madison,Wisconsin 53701-1806 Chicago,Illinois FAX 608/283-2275 Writer' s Direct Dial : Telephone 608/257-3501 Member:Lex Mundi, 608/283-2249 -• • of D •= FI UW1' April 22 , 1996 PPR 2 3 1936 D.C. PLAN & DEVELOPME T ZONING NING DI VISIO VIA MESSENGER Dane County Zoning and Natural Resources Committee c/o James Gregorius Dane County Zoning Administrator Room 116 210 Martin Luther King Jr. Boulevard Madison, WI 53709 Re : Application for Conditional Use Permit No. 1310 by Dane County To the Members of the Zoning and Natural Resources Committee : We represent the James J. Van de Grift Trust (the "Trust" ) . In October of 1992, the Trust conveyed a parcel of land that is subject to the Conditional Use Application to Dane County, and Dane County granted back to the Trust an option to repurchase the lands . Under the Agreement, the County had the right to remove clay from the 40-acre parcel . Further, under the Agreement, if the County could not complete its clay extraction by December 31, 1995, it was to extend its right to remove clay to December 31, 1996 by delivery of six months' advance written notice to the Trust . Such notice was never given by the County nor received by the Trust . On January 12 , 1996, the Trust exercised its option to repurchase the parcel . Because the Agreement between the Trust and Dane County provides for closing ninety days from the date of exercise, this would require the County to close on the sale by April 11, 1996 . The Trust has entered into an agreement to extend the closing date to June 14 , 1996, and is continuing to negotiate with the County regarding certain open issues .