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<br /> <br />Building communities that work <br />~~~~~'-""~~~""='~-==~""--"'======--~'=_==--~"==n'''''''''''''.=''''-~======"_",,,,,~--=~~ <br /> <br />~~fi---'~ ii: - '----', II' T i'f."IIC~~JIi <br />Office of General Counsel <br />Writer's Direct Dial: (651) 602-1108 <br />Writer's Direct Fax: (651) 602-1640 <br />Writer's E-Mail: jeanne.matross@metc.state.mn.us <br /> <br />February 6, 2004 <br /> <br />Mr. Eric J. Quiring <br />Ratwik, Roszak & Maloney, P.A. <br />300 U.s. Trust Building <br />730 Second Avenue South <br />Minneapolis, MN 55402 <br /> <br />. . i' -. .-~ r:...:? 'U'';:'{\ ',' :' <br />. 1,.-"'3 ,r. \ . <br />: " \ :..5 ~::.....,-:-"";J _' ..:~_ ,,!; <br />111"--- . <br />J)l~ . . : <br />\,(\ fEB - 9 211M ii!', <br />~U -~~' <br /> <br />Re: Condemnation Case 62-C7-03-01-2080 <br />City of Roseville v. Cleon Garley <br /> <br />Dear Mr. Quiring: <br /> <br />The Metropolitan Council is currently operating and maintaining a sanitation pipe on the property subject to the <br />above condemnation. The pipe lies within Easement, Document No. 451062 which apparently is still in the <br />name of the City of Roseville. <br /> <br />In 1971, the City of Roseville entered into an agreement with the Metropolitan Sewer Board in which the City <br />agreed to transfer certain sewers and easements to the Metropolitan Sewer Board. However, according to our <br />records, the documents actually transferring the easements and sewers were not executed and sent to the <br />Metropolitan Sewer Board. We are currently working with Roseville's City Engineer, Deb Bloom, to <br />accomplish the transfer. <br /> <br />I understand from our phone conversation today that the pipe (l-RV-430) will remain in place and that you <br />expect to acquire the property from the Garleys through a settlement. <br /> <br />Since the pipe will remain in place, the Metropolitan Council has no objection to the condemnation. I will work <br />with the City Engineer to get the easement transferred to the Metropolitan Council as soon as possible. <br />(Metropolitan Council is successor to the Metropolitan Sewer Board and Metropolitan Waste Control <br />Commission). <br /> <br />If you acquire the property through settlement with the Garleys, I would want to put the easement of record prior <br />to transfer of title to the property. <br /> <br />If you proceed with the condemnation action, I will prepare and have signed a Stipulation of Settlement stating <br />that Met Council's easement is not extinguished and Met Council on that premise, will be entitled to an award of <br />$0. <br /> <br />Sinc~fly, <br /> <br />~-- :.1 / / <br /> <br />\(;.:=l!C~/;{/;^;{) 'J'\ . <br />Jeanne K. Matross <br />Associate General Counsel <br /> <br /> <br />JKM:hn <br /> <br />www.DletroCOllTIcil.org <br /> <br />Metro Info Line 602.1888 <br /> <br />230 East Fifth Street . SL Paul. Minnesota 55101.1626 . (651) 602-1000 . Fax 602.1550 . 1TY 2910904 <br /> <br />An Equal OpportuniTy Employer <br />