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• <br /> ROY B. HOVEL <br /> ATTORNEY AT LAW <br /> 235 c.MAIN sT. -P•O• Box 43 <br /> SUN PRAIRIE,WIS. 53590 <br /> November 4, 1987 <br /> Attorney Gary Hebl <br /> 45 Ruby Lane <br /> Sun Prairie, WI 53590 <br /> Re: Suchomel-Kesselhon Transaction <br /> Dear Gary: <br /> Your letter of October 30, 1987 was taken up by me with Mr. <br /> Kesselhon as the purchaser of the 9 acre parcel from Mrs. <br /> Suchomel. <br /> As Mr. Kesselhon attended all of the hearings that occurred <br /> in connection with the application for rezoning of the 9 acre <br /> parcel of land, he informed me that the only reference which was <br /> made to a prohibition of outside storage was at the meeting of <br /> the Town of Burke. From his attendance at that meeting he <br /> understood that there would be a 11 zoning restriction" prohibiting <br /> outside storage on the commercial which the board thought <br /> appropriate because of experience on the former Legler farm, which <br /> has no similiar restriction. However, he is emphatic in stating <br /> that no where was it mentioned that he would be required as the <br /> owner of the property to impose a "deed restriction" on the <br /> property as a condition of the rezoning as is now being requested <br /> after completion of his purchase of the property. <br /> Further, Mr. Kesselhon provided me with a copy of a letter <br /> from the Dane County Agriculture, Environment and Land Records <br /> Committee under date of October 7 , 1987, copy of which is <br /> enclosed. No where is it mentioned in this letter that such deed <br /> restriction was being required. Further review of this situation <br /> brings to light the following: <br /> 1 ) The title insurance committment issued by Hexagon Title <br /> Company, Inc. does not provide any notice whatsoever of a deed <br /> restriction imposed or intended to be imposed upon the lands <br /> described in the committment. Therefore Mr. Kesselhon, as the <br /> purchaser of the property, is requiring that the title insurance <br /> policy be issued to him free and clear of any reference to the <br /> deed restriction which is now being requested. It is my <br /> understanding that your law firm is directly connected with the <br /> Hexagon Title Company, Inc. and thus this responsibility is also <br /> on your law firm which represented the seller on this matter. <br /> The seller was obligated to provide a clear and merchantable title <br /> subject only to the recorded easements and restrictions as of the <br /> date shown on the committment and also subject to existing <br />