01-26-1994 Council Agenda - Laserfiche WebLink

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JAN -21 -1994 09:26 FROM SWEENEY BORER & OSTROW TO LITTLE CANADA P.02 Thomas M. Sweeney George F. Borer Paul T. Ostrow Patrick J. Sweeney Sweeney, Borer & Ostrow Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul, Minnesota 55102 January 21, 1994 Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 Re: Triangular Portion of Property North of Jackson Heights Our File No. 7003 Dear Joel: Telephone (612) 222.2541 Facsimile (612) 223-5289 As we discussed, certain questions have arisen relative to the use of the property described above, which was conveyed to the City of Little Canada by Heritage Development, Inc. by Warranty Deed, dated February 22, 1993. This deed has been recorded as Document No. 2708360 and a copy of the same is enclosed for your review. Since the conveyance of the property by Warranty Deed establishes no conditions on the conveyance and since the Development Contract, dated September 28, 1992, indicates that the basis of the conveyance "is that this property was to have been conveyed as part of a previous development in this area, . . . ", it would appear that the City of Little Canada owns the property free and clear of any encumbrances and could sell the property or lease the property or use it in any other appropriate manner. Any lease of the property would have to clarify the rights of the City and responsibilities of the lessee relative to access, construction of improvements, insurance, liability, and indemnification. If anyone has any questions relative to this matter, please contact the undersigned. TMS :gc Enclosure Yours very truly, SWEENEY, BORER & OSTROW � s Thomas M. Sweeney (/ $ Page 106