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RESIDENCE: 633.4302 f KEITH T. HARSTAD ATTORNEY AT LAW 2323 HARDING ST. N.C. MINNEAPOLIS, MINN. 53418 October 16, 1973 Village Council Village of New Brighton New Brighton, Minn. 55112 Gentlemen: This is written to request an audience with the council at its next regular meeting on October 23, 1973. This request is necessitated by virtue of the discovery of certain errors and discrepancies in the site plan for the new commercial center at Silver Lake Road and County Road E. Specifically, on October 15, 1973 we learned that the property.'s east-west dimensions were approximately ten to fifteen feet less than we understood them to be. We are in the process of having the site plan revised showing the corrected dimensions together with a suggested solution. This property was purchased from the Gulf Oil Company, who gave us a copy of the attached Cities' Service Oil Company plot plan. We relied upon the dimensions shown in said plot plan, namely, an east-west dimension of 150 feet plus 33 feet for the Silver Lake Road right-of-way. This plot plan was submitted to the Fisher Engineering Companyfor purposes of drawing a site plan for our proposed commercial development. Subsequent thereto, James Kurth, a Registered Land Surveyor, on July 25, 1973 submitted a survey and staked the building site. A copy of this certificate of urvey was submitted to the Village of New Brighton on July 20, 1973, whereupon the building permit was issued. No one concerned with this pro- ject noticed that this survey disclosed the fact that the Silver Lake Road right-of-way was actually 43 feet plus a 6.26 deviance at the northern property line. During the installation of the concrete curbs, the discrep- ancy was discovered. The site plan being prepared shows concrete curbing 40 feet west of the west side of the build- ing. Obviously, this reduces the green area to a sub'-minimal triangle as shown on the revised site plan. OFFICE: 789.4368