06-13-2007 Council Agenda - Laserfiche WebLink

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WHEREAS, in the identification of those parties having interests in the Parcel, the State of Minnesota has identified the City of Little Canada as holding an "Easement" over and across part of the Parcel. WHEREAS, the utility of the City's Easement is not affected by the perpetual drainage easement which has been acquired by the State of Minnesota; WHEREAS, the fee owner of the Parcel, Levitz SL St. Paul, LLC, has asserted that it alone is entitled to receive and be paid all of the damages arising by reason of the acquisition by the State of Minnesota of the permanent drainage easement; WHEREAS, Levitz SL St. Paul, LLC has requested that the City formally document and acknowledge that it is not seeking any monetary compensation from the State of Minnesota for the acquisition by the State of Minnesota of the peinianent drainage easement, and (1) that the City has no objection to the State of Minnesota paying all of the damages arising by reason of the acquisition of the permanent drainage easement, directly to Levitz SL St. Paul, LLC., and (2) that the City has no objection to the Ramsey County District Court releasing all sums on deposit with the Court to Levitz SL St. Paul, LLC. NOW, THEREFORE, in consideration of the request of Levitz SL St. Paul, LLC, and in reliance upon the averments sent forth above, the City of Little Canada does hereby waive any and all claims to monetary compensation in Court File No. CX -04 -7935, and states that it has no objection to any award of damages being paid or released directly to Levitz SL St. Paul, LLC, the fee owner of the Parcel. 2032918v1 , 5