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Page 1 of 2 Bill Short From: Trevor Oliver [toliver@kellyandfawcett.com] Sent: Wednesday, March 28, 2007 12:06 PM To: pemeott@comcast.net Cc: pkelly@kellyandfawcett.com; Bill Short Subject: FW: Hillary Farm Paul - I received these items from Ric Rosow today, along with a voice mail explaining the issue. It appears to be a simple recording error, and the declaration will be transferred to the appropriate lot through execution of the "Release of Declaration," for which Mr. Rosow seeks your signature. There does not appear to me to be any reason not to sign the document and move the restriction to Lot 26 if that is where it was intended to go. Mr. Rosow sent the amendment and stipulation to Mr. McNulty, and we should hopefully see those soon. Mr. Rosow would also like a copy of the signed resolution for his files. I am available to discuss any of these items if you want to give me a call. Thanks, Trevor Trevor S. Oliver Attorney at Law Kelly & Fawcett, P.A. 651.224.3781 www.kel.lyandfawc_.ett com THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE AND IN ANY ACCOMPANYING ATTACHMENT, IS CONFIDENTIAL AND PRIVILEGED AS ATTORNEY -CLIENT COMMUNICATION. IT IS INTENDED ONLY FOR THE USE OF THE RECIPIENT(S). IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER THIS MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, COPYING, OR DISTRIBUTION OF THE CONTENTS OF THIS TRANSMISSION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AT (651) 224-3781. From: Richard F. Rosow [mailto:rrosow@grjn.com] Sent: Wednesday, March 28, 2007 10:30 AM To: toliver@kellyandfawcett.com Cc: Jim McNulty (R. James McNulty); Gary Johnson; Dan Gregerson Subject: Hillary Farm Dear Trevor: As I explained in my voice mail a Declaration of Restrictions and Covenants for Replacement Wetland was incorrectly filed against Lot 1, Block 1, Hillary Farm. It should have been filed against Lot 26, Block 1, Hillary Farm. I am attaching the original Declaration filed as Doc. No. 3848118, the replacement Declaration which Jim McNulty will executed at the closing on the sale of Lot 1 on Friday and have the closer at Old Republic file against Lot 26, Block 1, and a Release of the original Declaration which Jim will also execute and which the Closer at Old Republic requires be executed by the City. We would appreciate if the Mayor could execute this prior to Friday. Jim McNulty will arrange to pick up the executed document. Please call me after you have returned to the office and reviewed the Release so we can discuss if this is possible. I am in this morning but out at a city client 3/28/2007