2005/10/14 - LAND USE - SUB - Subdivision

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SURNETT COUNTY WISCONSIN RECEIVED AND RECORDED SEP It NI 2005 378210 T 9:50A.M. Vol. 21 pg, 131 as BURNETT COUNTY CERTIFIED SURVEY MAP NO. 4040 SURVEYOR'S NOTES: 1) The parcel surveyed is described in Volume 220 of Records, Page 349 as recorded with the Register of Deeds for Burnett County, Wisconsin. The language in the deed reflects data shown on an unrecorded subdivision by John Donaghue, dated 1949 and filed in the Land Records Office for Burnett County, Wisconsin, map index number D883. Also used in the evaluation of the deeds is a second map of unknown origin, dated April 9, 1958, also filed in the Land Records Office for Burnett County as map index number D1271. Shown on the second map is Donaghue's original plat data together with additional parcels that were conveyed by metes and bounds. The second map has some discrepancies which indicate to me that it was not drawn by Donaghue. Nevertheless, it appears to have been used to construct the original metes and bounds description for a parcel that Deed Volume 220, Page 349 is a part. By comparing the deeds with the maps, it appears, and the assumption has been made, that the scriveners preparing the deeds attempted to follow the platted lines as shown on the maps. The found markers shown on the face of this Certified Survey Map, unless otherwise noted, are believed to have been placed by Donaghue and great weight has been placed upon them as representing the intent of the conveyances. 2) Donaghue established the southwest and northwest corners of Government Lot 6 at 1318.75 feet north and 2637.5 feet north respectively from the southwest corner of Section 25. His map data indicates that he measured the entire west line of Section 25 and proportioned the west quarter corner and 1/16 corners along its line. It is not known if the currently monumented southwest comer of Section 25 or west quarter corner of Section 25 are the same points used by Donaghue. I have used existing monuments marking those corners for this survey. Discrepancies between my measurements and data shown on Donaghue's map may partly be the result of different starting points. 3) On both of the unrecorded survey maps noted above is shown a 33 foot wide strip of land which coincides with the existing roadway. A note on map D883 reads "All parcels to have the use of a 33.0' road whose center line is 421.25' north of the south boundry (sic) and 819.1' east of the west boundry (sic) of said Govt Lot 6". It is clear from the graphics on map D883 and from the note that the developer of these lands intended this strip of land to be used for access to the 13 Lakeshore parcels created. 4) There is some confusion regarding the starting and ending points of the south line of that parcel deeded in Volume 566 of Records, Page 34, and marked on this map as the line between Point `A' and the P.O.B.. The parcel referred to is the first lake shore lot south of the one being surveyed. The deeded length of this line is 298.4 feet. Starting at the iron pipe marking the meander line, noted as Point `A' on this map, and going west 298.4 feet, ends up 12 feet west of the west line of the 33 foot wide access road. This creates a 12 foot overlap with deed Volume 220, Page 349. This was clearly not the intent. Deed Volume 566, Page 34 and the original deed conveying this property, deed Volume 95, Page 481 are at the lake shore when the 298.4 foot call is made. Donaghue's map states "Lot lines monumented 12' from waters edge". Starting at the water's edge gives us the 12 feet necessary to end up on the west line of the roadway. Laying out the calls of deed Volume 95, Page 481 in reverse order also take us to the west edge of the roadway and no overlaps are created. The line between Point `C' and the P.O.B. was made parallel with and 33 feet distant from the line between Points `E' and `F', as the best solution for the intent of the descriptions. It appears that the person who drafted the description for the parcel deeded in Volume 95, Page 481, added the 12 feet to the map distances of 253.4 feet and 33 feet to come up with the call of 298.4 feet. SHEET 3 OF 4 ROVED SsPr, z THOMAS E. SWENSON Approval of this minor SEP 19 2005 8.1483 WEBSTER subdivision does not , Burnett County Land Use wiSCONF;coNs;N mean approval for Committee z ooS \� building site or septic 7 f w eystan6 Refer to Com 83