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CARLSON <br />KOECK <br />KIRK & <br />GRAVES Ltd. <br />ATTORNEYS AT LAW <br />July 17, 2007 <br />634 Water Street <br />P. O. Box 9 <br />Prairie du Sac, WI 53578-0009 <br />608.643.2456 <br />Fax: 608.643.4691 <br />Mr. Norbert Scribner <br />Land Division Review <br />Dane County Planning & Development <br />Room 116, City -County Building <br />Madison, WI 53703-3342 <br />Re: #090723280002 (NW1/4 S23 T9N R7E - Town of Roxbury) <br />Dear Norbert: <br />Dale A. Carlson <br />Rick M. Koeck <br />Franklin R. Kirk <br />Jama S. Graves <br />Rhyan J. Lindley <br />Carl R. Marquardt <br />(1936-1999) <br />I represent Mary Greiber, owner of land in the Town of Roxbury, including <br />the referenced land above. I am enclosing for your review a copy of an e- <br />mail sent to your office by Steve Greiber (Mary Greiber's son) and your <br />response to Steve Greiber dated June 4, 2007. Unfortunately, your response <br />created much confusion amongst this family, and although I have indicated <br />in my opinion that there is not a problem with the land division and sale <br />that they have contemplated (under the circumstances that you were not <br />advised of), I thought it might be best to seek some clarification from you <br />before proceeding. <br />One thing that was not indicated to you was that Mary Greiber will be <br />selling over 50 acres to each of 2 sons; i.e. 50 acres to this son, to both <br />this son, Steve and 50 acres to another son. The division of the one <br />parcel that was referenced by Steve and in your response is only part of <br />the 50+ acres that will be sold to each son. In other words, not only do <br />both sons already own land in the Town of Roxbury now (contiguous with the <br />lands being acquired from their mother), but after this transaction, all of <br />each son's land will be contiguous with the other land of such son, so that <br />they will each own well over 50 acres of land, even though each "parcel" <br />(identified by tax parcel number), is less than 35 acres. <br />It is my understanding, based on the current law, that such transactions <br />are acceptable under the contiguous -land -owner exception to the 35 acre <br />minimum rule in the A-1 District. Your statement in your response that: <br />"It is impossible to divide 37.52 acres into two parcels greater than 35 <br />acres each without a zoning change", although may be mathimatically <br />correct, but it is my opinion that it would not affect the division and <br />transfer of this land to the two sons as contemplated. <br />Lodi Office <br />154 S. Main Street <br />Lodi, WI 53555 <br />Voice: 608.592.3801 <br />