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Thomas M. Sweeney <br />James J. O'Connor <br />John H. LeMay <br />George F. Borer <br />Marcus S. Teichner <br />Sweeney, O'Connor & LeMay <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Northern Federal Building <br />St. Paul, Minnesota 55102 <br />July 13, 1984 <br />Telephone <br />(612) 222-2541 <br />JUI 17 1984 <br />Mr. Joseph G. Chlebeck <br />City Clerk CITY OF <br />515 Little Canada Road UTILE CANADA, <br />Little Canada, MN 55117 <br />Re: Little Canada (R & S Automotive) <br />Our File No. 5244 <br />Dear Mr. Chlebeck: <br />I am writing to inform you of our research relating to a <br />road easement on certain property owned by Robert E. Zilge, Lewis <br />J. Rustad, Jr., and David C. Sandberg. I would like to first <br />caution you that we have not reviewed an Abstract of Title for <br />these properties so the conclusions reached in this letter are <br />only based upon a review of the real estate records for recent <br />years in the office of the Ramsey County Recorder. <br />For your reference, I have attached a copy of a map prepared <br />by Milner W. Carley and Associates. This maps shows the subject <br />property and also includes the easement description and location <br />of the road easement in question. <br />I have outlined a square parcel in yellow on the attached <br />map and described it as Parcel A. This property is Abstract <br />property and the owners appear to be Lewis J. Rustad, Jr. and <br />David C. Sandberg. Research at the office of the Ramsey County <br />Recorder shows that no easement was created on this property <br />since 1978, when Rustad and Sandberg took title to it. There may <br />have been an easement created prior to 1978, but we would have to <br />review an Abstract of Title to determine this fact. The Ramsey <br />County Plat Book also does not show the road easement over Parcel <br />A. <br />I have outlined a triangular parcel in red on the attached <br />map and described it as Parcel B. This property is Torrens <br />property and is owned by Robert E. Zilge, subject to a Contract <br />for Deed to Lewis Rustad, Jr., and David Sandberg. Our research <br />at the County Recorders' Office shows that the property is not <br />subject to the road easement in question. The Contract for Deed <br />between Zilge, and Rustad and Sandberg mentions the easement, but <br />the document does not show that the easement was ever dedicated <br />to the City or as a private easement. The language in the <br />Contract for Deed is not sufficient to create an easement, and <br />74 <br />1 <br />