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DORS EY & WHITNEY L L P <br /> MINNEAPOLIS PILLSBURY CENTER SOUTH NEW YORK <br /> WASHINGTON,D C. 220 SOUTH SIXTH STREET DENVER <br /> LONDON MINNEAPOLIS, MINNESOTA 55402-1498 SEATTLE <br /> BRUSSELS TELEPHONE: (612) 340-2600 <br /> FARGO <br /> HONG KONG FAX: (612) 340-2868 <br /> DES MOINES BILLINGS <br /> WILLIAM R.SOTH <br /> ROCHESTER MISSOULA <br /> (612)340-2969 <br /> COSTA MESA FAX(612)340-2644 GREAT•FALLS <br /> soth.william®dorseylaw.com <br /> September 3, 1999 <br /> Michael J. Mornson <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony, MN 55418 <br /> Re: Lowry Mobil Home Park <br /> Dear Mike: <br /> As you will recall, Steve Berndt requested that the City grant Hobart Swan a license for <br /> the fence along Kenzie Terrace which encroaches slightly onto the City right-of-way. When this <br /> request was made, we told them that we needed to know the extent of the encroachment. I am <br /> enclosing for you a copy of a portion of a survey which shows this. At the very southern end of <br /> the fence, it is not encroaching. As shown by the drawing, it then encroaches about 1.8 feet near <br /> the south end, and increases to an encroachment of about 8.2 feet at the north end. As indicated <br /> in Steve Berndt's letter, if the fence were ever replaced, Hobart Swan would be required to move <br /> it off of the City's right-of-way. <br /> If the City is willing to go along with this, I would recommend that we also include a <br /> provision that would require the fence to be moved if it becomes necessary for expansion of the <br /> roadway or for other work requiring it to be moved, or if there is any safety issue with regard to <br /> the fence. <br /> Please let me know what you and the Council believe should be done with this. <br /> Very truly ypurs, <br /> William R. Soth <br /> WRS/ms <br />