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�HHESOT Doi 4yo Minnesota Department of Transportation District 3 Tel: 218-828-5700 OF TRp 7694 Industrial Park Road Fax: 218-828-5814 �-' Baxter, MN 56425 Toll Free: 1-800-657-3971 March 8,2010 Brian Laudenbach JM Oil P.O. Box 1065 St. Cloud,MN 56301 RE: CS 1810 (TH 371) Right of Way (R/W)Encroachments—Oasis Center/new Dairy Queen, etc. RP 51.6,west side, in Pequot Lakes Dear Mr. Laudenbach: As per my Feb. 19,2010,review comments to the City of Pequot Lakes for your proposed new Dairy Queen and other development changes at the existing Oasis Center, a Minnesota Department of Transportation(Mn/DOT) Survey crew verified and staked (as best they could in the snow)the highway R/W line in front of the Oasis. The following items were noted as being R/W encroachments: 1. About P of the east end rounded nose of the Lakes Gas propane tank is on R/W. 2. There's 5 tall steel pipes(approx. 10' tall x 2"dia.?) in a row by the propane tank,I assume these are vent pipes for the buried fuel tanks. The 2 easterly pipes are on the R/W, and so it's also assumed there's some buried piping on the R/W for these. 3. There's a short steel pipe(approx.4' tall x 4"dia.?)near the east end of propane tank, about 4' on R/W. 4. North of the Oasis entrance,the edge of concrete paved area appears to be on or slightly over the R/W line. 5. South of the Oasis entrance, there's about 2' of bituminous parking lot that are on the R/W. 6. The main Oasis sign just south of entrance: about 3' of the landscaping blocks and raised flower garden around the 2 main steel sign posts are on the R/W. The closest sign post appears to be just behind the R/W line (but may not meet the city's setback requirements). About 2' +of the main OASIS sign face and frame approx.20'+above the ground is also over the R/W line (R/W encroachments also apply to the airspace above the R/W line). The following items are completely off highway R/W and Mn/DOT has no jurisdiction over these: the tall BP pole& sign with digital price display,the small propane tank filling cabinet, the dumpster,and the Lonesome Cottage sign& landscaping on southeast corner of parking lot (appears to be just off R/W but hard to tell with the snow—I believe this parcel is not part of your project, if so then I'll work with those owners if that sign is encroaching). Even though these encroachments may have been there for years and weren't caught until this redevelopment prompted a closer review, it's our decision that they must all now be removed from the R/W. Highway RJW is intended for highway purposes(roadways,drainage,utilities, safe visibility,safety clear zones, etc.). MN State statutes 160.27 and 160.2715 are clear that An Equal Opportunity Employer E) 0 00, i v�V 0