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• <br /> MICHAELBESr [ [ Q <br /> C <br /> DR <br /> & RIEIH <br /> F <br /> Attorneys at Law �---- <br /> f rE South Pinckney Street Affiliated with. <br /> I FEB / <br /> 1 I �J96 0.Box 1806 Edward D.Heffernan,Esq. <br /> Odison,Wisconsin 53701-1806 Washington,D.C. <br /> Writer' s Direct Dial : FA:608/283-2275 <br /> 608/283-2249 °— Telephone 608/257-3501 <br /> D.C.PLANNING re DEVELOPMENT Offices In: Member:Lex Mundi, <br /> ZONING fy�tt�s'ON Milwaukee,Wisconsin A Global Association of <br /> U Y Ch sago,Illinois 118 Independent Firms <br /> February 12, 1996 <br /> Dane County Zoning and Natural <br /> Resources Committee <br /> c/o James Gregorius <br /> Dane County Zoning Administrator <br /> Room 116 <br /> 210 Martin Luther King Jr. Boulevard <br /> Madison, WI 53709 <br /> Re: Application for Conditional Use Permit No. 1310 by Dane <br /> County <br /> To the Members of the Zoning and Natural Resources Committee: <br /> We represent the James J. Van de Grift Trust (the "Trust") . <br /> In October of 1992, the Trust conveyed a parcel of land that is <br /> subject to the Conditional Use Application to Dane County, and Dane <br /> County granted back to the Trust an option to repurchase the lands . <br /> Under the Agreement, the County had the right to remove clay from <br /> the 40-acre parcel . Further, under the Agreement, if the County <br /> could not complete its clay extraction by December 31, 1995, it was <br /> to extend its right to remove clay to December 31, 1996 by delivery <br /> of six months' advance written notice to the Trust. Such notice <br /> was never given by the County nor received by the Trust. <br /> On January 12 , 1996, the Trust exercised its option to <br /> repurchase the parcel . Because the Agreement between the Trust and <br /> Dane County provides for closing ninety days from the date of <br /> exercise, this would require the County to close on the sale by <br /> April 11, 1996 . The Trust has been in communication with the <br /> County, and is willing to consider entering into an agreement with <br /> the County to extend the closing date under mutually acceptable <br /> terms; however, as things now stand, the closing has been set for <br /> April 11 . <br /> Under the circumstances, we respectfully request that the <br /> Conditional Use Permit be granted for a period which would not <br /> extend beyond April 11, 1996 or such later date as might be agreed <br /> to by the written agreement of Dane County and the Trust. Further, <br />