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THOMAS M. SWEENEY <br />JAMES J. O'CONNOR <br />JOHN H. LeMAY <br />GEORGE F. BORER <br />SWEENEY, O'CONNOR Si. LeMAY <br />PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />(612) 2222541 <br />October 5, 1982 <br />Mr. Joseph G. Chlebeck <br />City Clerk <br />515 Little Canada Road <br />Little Canada, Minnesota 55117 <br />RE: North Payne Avenue Addition Drainage Easements <br />Our File No. 4592 <br />Dear Joe: <br />SUITE 350 <br />NORTHERN FEDERAL BUILDING <br />SIXTH AND WABASHA <br />ST. PAUL, MINNESOTA 55102 <br />We thought we would bring you up to date on the status of <br />the easements on North Payne Avenue Properties. As of today, <br />that is as follows: <br />1. We have obtained and recorded 19 easements out of <br />the 29 required in the project. Eight of these <br />properties have mortgages on them,and no mortgagee's <br />consent has yet been obtained. <br />2. We have in our possession two executed and recordable <br />easements, but the owners in those cases will not re- <br />lease to us the Owner's Duplicate Certificate of Title. <br />Both of these properties have mortgages on them. <br />3. We have seven executed and unrecordable easements, all <br />of which have mortgages on the properties, and the <br />property owners in these cases have so far failed to or <br />refused to send us new recordable easements, and Owner's <br />Duplicate Certificates of Title. <br />4. We have one property where an easement has never been <br />signed, and that property also has a mortgage on it. <br />In the case of the unrecordable easements, it is probable <br />that these easements may be enforceable against the present property <br />owners, but if not recorded prior to a transfer of the real estate, <br />it is definite they would not be enforceable against a subsequent <br />purchaser without notice. <br />15 <br />