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THOMAS M. SWEENEY <br />JAMES J. O'CONNOR <br />JOHN H. LeMAY <br />GEORGE F. BORER <br />SWEENEY, O'CONNOR & LeMAY <br />PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />(612) 222.2541 <br />August 3, 1982 <br />Mr. Joseph G. Chlebeck <br />City Clerk <br />515 Little Canada Road <br />Little Canada, Minnesota 55117 <br />RE: Little Canada Improvement Project 81 -5 <br />Our File No. 4649 <br />Dear Joe: <br />SUITE 350 <br />NORTHERN FEDERAL BUILDING <br />SIXTH AND WABASHA <br />ST. PAUL, MINNESOTA55102 <br />As we have previously discussed, the City had to acquire for <br />street and utility easements relative to the above captioned project. <br />The acquisition of Parcels 1,3 and 4 have been completed. <br />However, we have encountered an unusual problem as to parcel <br />No. 4. This property is owned by the General Electric Pension <br />Trust, which has executed a Utility Easement in favor of the <br />City of Little Canada. William E. Manley, Deputy Examiner of <br />Titles for Ramsey County, informs us that the Utility Easement <br />is not recordable on the Owner's Duplicate Certificate of Title. <br />Before the Examiner will allow the recording of this document, <br />it will be necessary to obtain a copy of the Trust Agreement, <br />dated April 30, 1956, when the trust acquired the property. In <br />addition, any amendments to the Trust Agreement since that date <br />until June 10, 1982, must also be presented. These documents <br />would have to be furnished to the District Court in a proceeding <br />subsequent pursuant to Minn. Stat. Section 508.62. We have <br />discussed the problem with the representatives of the General <br />Electric Pension Trust, who have informed us that they will not <br />bring a proceeding subsequent, but they have no objection if the <br />City were to commence such an action. <br />Unless a proceeding subsequent is completed, the Utility <br />Easement will not be recorded. Would you please submit this <br />matter to the Council for their consideration at the meeting <br />of August 11, 1982. We will await your direction prior to pro- <br />ceeding further with this matter. <br />Yours very truly, <br />TMS:peg SWEENEY,•0'CO NOR & LEMAY <br />T}4omas M. Sweeney <br />