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BRIGGS <br />Wriar- <br />M§ O- R G- A: N'. <br />2200 IDS Center <br />80 South 8th Street <br />Minneapolis MN 55402 -2157 <br />tel 612.977.8400 <br />fax 612.977.8650 <br />June 6, 2007 612.977.8280 <br />mmanderscheid@briggs.com <br />briggs.com <br />VIA E -MAIL AND U.S. MAIL <br />Joel Hanson <br />City Administrator <br />Little Canada, City of <br />Little Canada City Hall <br />515 Little Canada Road E. <br />Little Canada, MN 55117 -1633 <br />Re: The Former Levitz Property <br />Dear Mr. Hanson: <br />As I mentioned over the telephone, we represent Levitz SL St. Paul, LLC., a Delaware limited <br />liability company, which is the fee owner of the former Levitz Furniture Store property in Little <br />Canada. <br />Several years ago, the State of Minnesota began a condemnation action to acquire a drainage <br />easement covering just over two acres along the westem edge of the Levitz property. In the <br />condemnation action, Mn/DOT named the City of Little Canada as an interested party, and <br />asserted that the City's interest was in an "Easement" over part of the property. According to the <br />title work for the property, on September 25, 1995, Levitz Furniture Company of the Midwest, <br />Inc. granted a permanent easement for drainage and utility purposes over parts of the Levitz <br />property. This document was recorded in the real estate records on October 26, 1995, as <br />Document Number 2894590. A copy of the recorded easement document is attached. From a <br />review of the Mn/DOT acquisition documents, it does not appear that the City's drainage and <br />utility easements will be significantly impacted by Mn/DOT's acquisition. <br />On behalf of Levitz SL St. Paul, LLC., I am requesting that the City authorize the execution of <br />the attached "Release of Claim." My client would then use the Release of Claim to secure the <br />money which Mn/DOT deposited with the Ramsey County District Court and establish that my <br />client alone will be entitled to the proceeds from a pending settlement of the condemnation <br />action. <br />Your prompt attention to this matter is very much appreciated. Please call with any questions. <br />2034418v1 <br />RECEIVED <br />JUN 0'7 2007 <br />CITY OF LITTLE CANADA <br />Briggs and Morgan, Professional Association <br />Minneapolis I St. Paul I svww.briggs.com <br />ivlember - Lex Mundi, a Global Association of Independent Law Firms <br />