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REDM N LAW JEFFREY A. REDMON RICHARD K.Y.LAU <br /> JREDMON@REDMONLAW.COM RLAU@REDMONLAW.COM <br /> CHARTERED <br /> November 18, 2024 <br /> By Email Jason.Towne(a)BurnettCounty.Wis.gov <br /> Jason Towne <br /> Land Services <br /> Burnett County HI <br /> 7410 County Road K <br /> Suite 120 NOV 19 M4 <br /> Siren, WI 54872 J D <br /> Re: Land &Cabin Proposed Development Burnett minty <br /> Land Services Department <br /> Dear Mr. Towne �: 5996 5s35- M Q►'l RQ' <br /> I write on behalf of Joan Hines and the Joan G Hines Trust which owns a lot on Ham Lake off of <br /> Mail Road (the"Hines Lot"). The Hines family bought this lot in the 1940's and have <br /> continuously owned, used, and enjoyed the property since acquired. As we believe you are <br /> aware, Brian Weidendorf on behalf of Land&Cabin has proposed to subdivide and develop land <br /> north and west of the Hines Lot. We believe a number of issues should be resolved before the <br /> subdivision is approved, if at all. <br /> Based on our best information these Ham Lake lots were platted in 1937 with Mail Road laid out <br /> on the Plat immediately adjacent to the north side of each lot. Presumedly given the large <br /> marshy area north of these lots, Mail Road was built as an arch around the marsh primarily on <br /> County land. This caused a gap between Mail Road and several of the Ham Lake lots, including <br /> the Hines Lot. In 1952,the county gave the Hines' builder permission to place a driveway <br /> across county land and actually use fill from the county property to connect the Hines Lot to <br /> Mail Road. Fill was necessary to cross the marsh. Hines built and have maintained this <br /> driveway access for over 70 years. Ariel photos show the Hines driveway from Mail Road to the <br /> Hines Lot dissecting the marsh which is largely located on Land &Cabin Sketch as Lots 3 and 4. <br /> With the open and notorious use for 70 plus years, Hines have clearly established a prescriptive <br /> easement for access to Mail Road across the land represented by Land &Cabin. The Land & <br /> Cabin development should not be allowed to interfere with access to the Hines Lot. <br /> Land &Cabin has not disputed Hines right of access but as part of their intended development <br /> and use they have refused to document access to provide notice to all concerned, particularly <br /> subsequent buyers. <br /> In the 1937 plat of the Ham Lake lots a 50 wide strip was designated as a road from the platted <br /> Mail Road to Ham Lake. This 50-foot strip is immediately west and adjacent to the Hines Lot. <br /> Because it has remained vacant and unused, the Hines have cleared, improved and continuously <br /> used this 50 feet of waterfront with the use of their property for over 70 years. Hines clearly <br /> qualify for adverse possession of this 50-foot waterfront. While adverse possession would <br /> 602 THIRD STREET SUITE 1, HUDSON,WISCONSIN 54016 PHONE 715.386.0100 REDMONLAW.COM <br />