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X AXLEY BRYNELSON, LLP ATTORNEYS SINCE 1885 October 1, 2004 Via E-Mail and U.S. Mail Mr. Norb Scribner Land Division Review Planning and Development Room 116, City -County Building 210 Martin Luther King, Jr. Boulevard Madison, WI 53709 RE: J & M Land Company, LLC Our File: 11484.53509 Dear Mr. Scribner: Direct Dial: 608-283-6726 Email: rpetershack@axley.com p ECEOV OCT - 4 2004 DANE COUNTY PLANNING & DEVELOPMENT We are the attorneys representing J & M Land Company, LLC. In a previous letter dated July 22, 2004 (see attached copy for reference), we asked your opinion on the divisibility by CSM of two parcels of land located in the town of Albion listed on the same deed. We are sending this letter to you to supplement information previously conveyed in our first letter. It is our understanding that you believe that a CSM was required to create the two separate parcels in question. We are asking that you reevaluate that belief in light of the supplemental information provided in this letter. The events that created the two separate parcels identified as Tax Parcel Nos. 002-0512- 274-9540-4 and 002-0512-274-9590-4 occurred in January, 1973. Copies of the deed and land contract which created the land division in 1973 are included as an attachment to this letter. At that time, § 28.34 Dane Co. Ords. required the use of a CSM to divide land.1 However, the definition of land division for the purposes of Ch. 28 reads: "A division of a lot or parcel of land by the owner thereof or his agent for the purpose of sale or of building development, where the act of division creates less than five (5) parcels of land, any one of which is less than five acres in area." Dane Co. Ord. § 28.17(5).2 The sizes of the two parcels in question are 8.293 and 12.107 acres. Because both parcels are larger than five acres, it appears that a CSM was not required at the time of the original land division. I Chapter 28 was created in 1970 as the Land Division and Subdivision Regulations. In 1974, it was renumbered to Chapter 75. 2 It appears that Ch. 28 as in effect in 1973 reads exactly as it was adopted in 1970. A copy of § 28.17(5) Dane County Ord. (1970), which defines "land division," is included with this letter as a separate attachment. Further, a copy of § 28.34 from the 1970 Dane County Ord. is also attached for your information. MANCHESTER PLACE - SUITE 200 2 EAST MIFFLIN STREET I♦ MADISON, WI 53703 (608) 257-5661 ■ (800) 368-5661 ■ Fax: (608) 257-5444 Mailing Address: Post Office Box 1767, Madison, WI 53701-1767 www.axley.com