06-13-2007 Council Agenda - Laserfiche WebLink

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EXHIBIT B REASON FOR REQUEST The City holds a highway easement over the property that was granted in 1940 pursuant to the easement agreement filed as document number 183204 with the Ramsey County Registrar of Titles. In addition to providing a right -of -way for highway purposes, the easement grants the City the right to erect a snow fence. The Owner, Independent School District No. 623 (the "School District "), intends to convey the Property to St. Jude Medical, Inc. ( "St. Jude ") and vacation of the snow fence easement is required prior to consummating the sale. The Property is directly east of a parcel on which the Capital View School is located. The School District previously owned both parcels and operated the property in conjunction with the operation of the Capital View School as a School District school. In 1990, the School District sold the adjacent parcel and no longer operates the Capital View School. Since that time, the Property has only been used sporadically and provides minimal value to the School District and the surrounding neighborhood. St. Jude owns the parcel directly south of the property where it operates its corporate headquarters. St. Jude is an international medical device and technology firm employing over 11,000 people. The School District intends to convey the property to St. Jude for the purpose of increasing the size of the land which the St. Jude corporate headquarters occupies. Section 4.2 of the purchase agreement between the School District and St. Jude requires that title to the property be marketable. The snow fence easement potentially renders title unmarketable. Accordingly, vacation of the snow fence easement is necessary prior to conveying the property to St. Jude. To the School District's knowledge, no snow fence has ever been erected by the City. The fact that nearly 70 years have passed without a snow fence indicates that the easement is not necessary. Therefore, the School District respectfully requests that the snow fence easement be vacated by the City of Little Canada through its Planning Department and City Council. 3761476.1 3