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Nil <br /> July 8 , 1993 <br /> SENT BY FAX - 340-7800 <br /> ew�Ax William R. Soth <br /> DORSEY & WHITNEY <br /> 220 South Sixth Street <br /> Minneapolis, MN 55402-1498 <br /> �.•A <br />' RE: City of St. Anthony/Roger Bona <br /> Our File No. 5673 <br /> s _ Dear Bill: <br /> s' ¢ I have reviewed your agreement for the transfer of <br /> property to Roger Bona as compensation for giving up <br /> access to 27th Avenue Northeast. <br /> The legal description of Roger's property is Lots 1 and <br /> , • 2 , Block 1, Murray Heights 3rd Addition. Bona <br /> Properties is the fee owner of Lot 1 and is the <br /> contract purchaser of Lot 2 . Paragraph. A and Exhibit A <br /> can be amended to show that information. <br /> r <br /> In paragraph 5 (d) regarding the fence on the west side <br /> of the property, it should be made clear that the <br /> existing fence is satisfactory to the City. <br /> y 1 <br /> Obviously this Agreement is subject to approval by the <br /> ,mss . City Council. We would also want to have a contingency <br /> that this Agreement is contingent upon the issuance of <br /> a Conditional Use Permit satisfactory to Roger Bona <br /> allowing him to use the property in conjunction with <br /> ti his existing property. Obviously, we are not <br /> interested in obtaining this property if it cannot be <br /> 'r used. I believe that Tom Burt and I will be able to <br /> fashion a staff recommendation that is satisfactory to <br /> both parties. There is really only one issue to <br /> resolve. <br /> I have previously expressed my concern to Tom Burt <br /> t about the inclusion of paragraphs 5 (b) and (c) . Both <br /> of these are covered by ordinance. Tom's explanation <br /> has been that he wants to be sure that these two items <br /> �e oho can be enforced. I know Roger finds it demeaning to <br /> 6 ' have it suggested that his business needs special <br /> a <br /> i 9 :0 ►' <br />