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Larry J. Berg, Esq. <br />October 3, 1989 <br />page 2 <br />Country Club "the right to grant a roadway easement independent of <br />any concerns regarding whether the 1956 easement was "exclusive" <br />or "nonexclusive". In no conversation I have had with him ',as he <br />objected to the easement requirement. <br />Today, for the first time, I have been tcld that you <br />consider the requirement of an easement an unconstitutional <br />exaction as a condition of subdivision and that ycu need immediate <br />release from this requirement or an expensive deal will fall <br />through. As I told you in our conversation, the city attorney <br />does not waive subdivision requirements imp^sed by action of the <br />city council. If you or Mr. Mertz wish to have such a requirement <br />removed, please immediately inform both me and Mr. Bernhardsin so <br />that your subdivision requirements can be reheard by the city as <br />soon as possible. <br />Although you have told me t,,at you do not wish to meet <br />with the city council on this matter, I cannot recommend another <br />course of action to you more likely to provide relief from this <br />requirement. <br />I regret that you are unhappy over the course of this <br />matter, and I hope that you will be able to find a solution <br />satisfactory to your client. <br />Please, as I requested, direct your inquiries, oral or <br />written, to me with respect to this matter. I will consult with <br />our real estate department in order to provide you with timely <br />information. <br />Sincerely, <br />V—mas J. Barrett <br />TJB:srp:891 <br />enclosure <br />cc: Craig A. Mertz, Esq. (w/enc. y <br />Mark Bernhardson (w/enc.) � <br />