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<br />PERRY W. COPELAND <br />ATTORNEY AT LAW <br />151 SILVER LAKE ROAD <br />NEW BRIGHTON, MINNESOTA 55112 <br />July 22, 1974 <br />Mayor and City Council <br />City of New Brighton <br />803 Fifth Avenue N. W. <br />New Brighton, Mn. 55112 <br />Re: 7 Eleven Center <br />County Road E and Silver Lake Road <br />Gentlemen: <br />This fetter is in response to the council's direction to obtain background information in <br />regard to the above described development. In obtaining this information, Mr. Keith <br />Harstad allowed me complete freedom to examine his files and records and to photocopy <br />any portions thereof that I considered helpful to the council. This property was originally <br />purchased by RCE Corporation by Warranty Deed on June 12, 1973. The portion of the <br />warranty deed containing the legal deswiption is attached to this report. <br />The legal description in that deed accurately describes the property and that description <br />is different from the property as set forth on the survey the developers say they relied <br />upon for development. Mr. Ernst states that the erroneous survey was furnished to him <br />by Gulf Oil Corporation and that such survey was attached to and made a part of his <br />purchase agreement. Mr. Harstad does not have this document in his possession and <br />thus far I have been unable to obtain the same from Mr. Ernst. <br />Beginning about the 1st of July, 1973, Harstad and Ernst entered into a certain oral <br />agreement relating to Harstad's financing the cost of the above described development with <br />Ernst to be the builder and manager. This oral agreement was reduced to writing on <br />October 2, 1973. A copy of the first page of that agreement is attached to this report <br />and it should be noted that the legal description contained in that agreement is subject to <br />the same error as the Gulf Oil Survey. <br />The lease from RCE Corporation to the Southland Corporation is the lease for the 7 Eleven <br />Store. A copy of portions of that lease are attached to this report. It should be noted <br />that a site development plan was attached to and made a part of the lease and matters of <br />parking, ingress and egress are specifically referred to in that lease proper as well as <br />the amendment of said lease. It is my opinion that if any of the driveways to this development <br />are closed, that the Southland Corporation could, at its option, terminate the lease. <br />- na O ?County?Road E; thence west. along the north line a distance <br />line .