Monday, November 8, 2021 Barron County . - Co.barron.wi.us

11/1/21, 12:53 PM Barron County Mail - Fwd: Rice Lake Area School District Nature CenterJeff French jeff.french@co.barron.wi.us jiAKK v n'iE,'A;TV, %Fwd: Rice Lake Area School District Nature Center1 messageSteve Olson steve.olson@co.barron.wi.us Man, Nov 1, 2021 at 11:53 AMTo: Jeff French jeff.french@co.barron.wi.us Here it isForwarded messageFrom: Pat Blackaller blackallerp@ricelake.k12.wi.us Date: Man, Nov 1, 2021 at 11:46 AMSubject: Rice Lake Area School District Nature CenterTo: townhall@townofricelake.com , Steve Olson steve.olson@co.barron.wi.us HelloI have talked to the Town Chairman Dean Borofka, Steve Olson from the County, and Jeff French from the County. As Iunderstand, I need to send a map that shows what we are hoping to do for a driveway access to the new Nature Centeron the property that is being donated to the School District by Rod and Carol Olson. When you look at the map I show ablack line that goes from 23 1/2 Ave near where 18 1/4 St meets 23 1/2 Ave. That represents one access point into theproperty currently owned by Rod Olson. The road goes NNE on an angle along Don Uchytil's property line and then turnsright behind the tree line. The road proceeds across the property until we reach the point where a rectangle is drawn onthe map. This is the intended location of the Nature Conservancy building that the school district is planning on building.We are seeking to create a loop road that would allow school district buses to drive in one way and then drive out theother way. The exit point for the second access point we believe traverses a small part of the boat landing property. Thisis where the question for the Town of Rice Lake and Barren County comes in.We are seeking to create a road that would go south about 200 feet on school district property, as indicated on the map,from the proposed Nature Conservancy building. The road would then turn to go SW toward 23 1/2 Ave on an angle asshown in the map. Based upon the Map it appears that the district would have to access the road through the Jointlyowned Town of Rice Lake/County property near the boat landing. I believe we would only be crossing a few feet of boatlanding property based upon the planned path of the driveway. We are seeking permission from the Town of Rice Lakeand from Barren County to create this second access point through the boat landing property. I have attached a Mapthat includes the driveway lines and the rectangle indicating the approximate location of the new building. The propertyhas had a perk test done near the building and it has passed for a conventional septic system. As I understand, thiswould need to go to the Barren County Property Committee and to the Town of Rice Lake Board for review, and potentialapproval.Please let me know of anything that I would need to do to assist in this process. We appreciate your consideration of thisrequest. If you have questions feel free to email me back or you call my Cell phone at 715-651-2501. You can call myCell Phone anytime between 7am and 10pm.Thank youPatrick M BlackatlerDirector of Finance and OperationsRice Lake Area School District700 Augusta StreetRice Lake Wl 54868https://mail.google.com/mail/u/0/?ik 655cbe829c&view pt&search all&permthid 7762. 1/2

11/1/21, 12:53 PMBarron County Mail - Fwd: Rice Lake Area School District Nature ALITY NOTICE: This electronic transmission (including any files attached hereto) may contain information that islegally privileged, confidential, and exempt from disclosure. The information is intended only for the use of the individual or entitynamed above. If the reader of this message is not the intended recipient or any employee or agent responsible for delivering themessage to the intended recipient, you are hereby notified that any disclosure, dissemination, copying, distribution, or the taking ofany action in reliance on the contents of this confidential information is strictly prohibited.NON-DISCRIMINATION NOTICE: It is the policy of the Rice Lake Area School District, pursuant to s. 118.13 of Wisconsin Statutes,and P19, that no person on the basis of sex, race, religion, age, national origin, ancestry, creed, pregnancy, marital or parental status,sexual orientation, physical, mental, emotional or learning disability may be denied admission to any school in this District or bedenied participation in, denied the benefits of, or be discriminated against in any curricular, extracurricular, pupil services,recreational, or other program. In addition, it is the policy of the Rice Lake Area School District that no person on the basis of genderidentity or gender expression, be denied admission to any school in this District or be denied participation in, denied the benefits of,or be discriminated against in any curricular, extracurricular, pupil services, recreational, or other program.BarronCountyWI (21).pdf347Khttps://mail.google.com/mail/u/0/?ik 655cbe829c&view pt&search all&permthid 7762. 2/2

s.Bft yi":- ? ; 1 ' Y Ill'"b .&IRCHWOOD.WI Where friends become family and families become fnendsAugust 2, 2021,Town of Cedar LakeKen Leners, ChairmanRe: Town of Cedar LakeBoat Landing at Intersection of Hwy 48 and County Hwy VDear Ken,GPRL LLC, dba Gathering Place Resort & Lodge, is providing this formal response to the letter from WileyLaw dated 28 June 2021. GPRL has continued to engage with the Township of Cedar Lake in an amicableway in order to resolve both the land use rights and ownership of the parcel number 010-1500-03-010,however/ it has become increasingly difficult as when a consensus on a resolution or path to resolutionseems to have been achieved, the Town Board takes on a completely different path without an opendiscussion with the impacted property owners.The boat landing at County Hwy V and State Hwy 48 has been an integral part of the resort businesssince before it was called Gathering Place Resort & Lodge. Hundreds of muiti-generational familiescome to the Red Cedar Lake area annually, many of whom bring their own fishing or pleasure boats.Having the boat ramp as part of the amenities for Gathering Place Resort & Lodge guests makes it easierto toad and unload their boats, as well as providing a convenient point of lake entry for resortequipment. Except for a short period of time in 2019, the owners of the resort have gratuitouslyallowed the local residents to use the boat ramp for their use and enjoyment in addition to the guests ofGathering Place Resort & Lodge. It is both distressing and disturbing that the Cedar Lake Town Boardhas taken advantage of this gratuityto claim ownership of our business' property.Relative to the letter dated 28 June 2021 sent by Ws!ey Law S.C. on yoyrisehalf, there are erroneousstatements that need to be either redacted or clarified. They include:In paragraph 1, the letter states that". 28th Avenue is an unrecorded public hjghway and theboat landing is a public boat landing all owned by the Town of Cedar Lake/' There are threefallacies with this statement:First, it fails to distinguish .the difference between land rights and land ownership. Whilewe, GPRL LLC, recognize that there is a right-of-way established in order to prevent tandlocking the adjacent landowners (i.e., Island of Happy Days Properties, fnc), it does not273827 1/2AvePO Box 86tAAA/lA/- mr ii-{ -\V'n'\r iy\ir ft .v'/-\ yi-Page 1 of 3

agree with the statement that this property is "owned by the Town of Cedar Lake".Based upon the Barren County Recorder of Deeds the current landowner is GPRL LLCSecond, the claim by the Town of Cedar Lake that this is an unrecorded highway is indispute. While paragraph 2 states that the road has been worked as a public highwayfor 10 years or more, there is evidence and witnesses maintain that this maintenancehas only been performed up to the entranceway to the adjacent landowner's property.Maintenance from that point through the high-water mark and to the boat ramp hasbeen accomplished by the current landowners and private citizens, not the Town ofCedar Lake.Third, the paragraph states that the boat landing, which falls under DNR. jurisdiction, isthe property of the Town of Cedar Lake. Under Wisconsin State Statute Chapter MR329, Miscellaneous Structures in Navigable Waterways, section 329.04(2}(e)3, "A boatlanding may be placed and maintained only by a riparian." For clarification and persection 329.03 Definitions, a riparian is defined as "an owner of land abutting anavigable waterway". Based upon the Barron County Recorder of Deeds the owner, orriparian, is 6PRL LLC. There are other precedents for this on Red Cedar Lake. Theyinclude the County Park public boat landing where the riparian is Barren County, thepublic landing on the east side of the lake where the riparian is the Town of Cedar Lakeand Loch Lemond Beach Club private landing where the riparian is Loch Lemond BeachClub, Inc.In paragraph 3, again the letter again fails to distinguish between land rights and landownership. In addition, it again states that the Township is in possession of the boat landingwhich is in direct conflict with the Wisconsin State Statutes mentioned above and the recorderof deeds. By not being the riparian per Wisconsin State Statute, the Township cannot own theboat landing.In paragraph 4, there is reference to the attached survey. (As noted in town meeting minutes,this was to be a coordinated effort with the businesses but the Township unilaterally andwithout communication had this survey completed without landowner involvement). Thesurvey states that the "Said ROW is 49.5' wide and extends from State Trunk Highway 48 to thewater's edge of Red Cedar Lake". This statement is incorrect.Firstly, there is a change in jurisdiction to the Wl Department of Natural Resources atthe high-water mark, not the water's edge. The high-water mark was not included aspart of the survey.Secondly, by definition, the purpose of the right of way is to provide dear access to theadjacent properties. Stout's Island (Island of Happy Day's, parcel 010-1500-07-000) andPines at the Lake (parcel 010-1000-31-000), and therefore would only extend fromPage 2 of 3

County Hwy V to the driveway to the north for Pines at the Lake and driveway to thesouth for Island of Happy Days.We have courtesy copied a few agencies in this response to ensure there is an understanding of ourposition. We request a motion be brought forward at the next town meeting to rescind or clarify thesubject letter so that the claim of ownership by the township is removed. We look forward tocontinuing dialogue with all involved parties on this issue to find an agreed resolution.c Michael A HasslingDeanna C HesslingOwner/Operator 6PRL LLCOwner/Operator 6PRL LLCCc: Peter Walter, DNR Regional Real Estate SupervisorMargo Katterhagen, Recorder of Deeds, Barren CountyLou'ie Okey, Barron County Supervisor/ChairPage 3 of 3

MAP OF SURVEYTHE fiIGHT OF WAY OF 28TH AVE LOCATEDJN PART OF 60VERNMENT LOT A SECTION 10AND IN PART.OF 60VETOCNT LOT 3 SECTIONGOVERNMENT CORNERFOUND AS NOTEDMONUMENT, TIES. IN. PLACEFOUND 3/ ":IRON BAR-EFOUND Pl NAn,;FOL? 6/B1RE8AR15. ALL A PART OF TOWNSHIP 36 NORTH. RANGE10 WEST, TOWN OF CEDAR LAKE, BARRON COUMTYWISCONSIN0DOT MONUMENTSET 3/4" X 2-4 IRON BARA COMPUTEC) POINT(I- REGORDEQ ASSCALEAREA OF RI6HT OF WAYsSCALE 1" 40'BEARMG REFERENCEBEARINGS REFERENCED TOTHE. LINE SETHEEN" SECTIONS0.33 ACRES 14,449 /- SOA40BO10 A? & .ASSUMED BEARIN6OF MEia-i6''08"E-t00 :% 1 "u I!.§3 tooi ri5iu5 REDCEDAR'279.27'(279. 7-) -'a' 4y U ' goiuitn (40. 0 ) .CTU C/L S89 '10 Sa-'E. 83 /- —3jt S.p«« «T Wff OS ROR TO WATER'S'EDGE IBJH AVI.LAKE ' -e pio;ReceivedAPR 1 3 2021BARRON CO. SURVEYORCUWiEROESCRIPTION.ON SHEET 3 OF 4SIMPLIFIED VIEWON SHEET S OF A -2345 I -StonsLato, / "W s.- %3 ''%f& 'SHEET 1 OF 4

MAP OF SURVEYTHE RIGHT OF WAY OF 28TH AYE LOCATEDTN PART OF GOVERNMENT !,OT 4 SECTION 10AND IN PART OF 60VERJWNT LOT 3 SECTIONLEGEND eOVEBNMeNT CORNER. FOORCi374".IRON BARA» FOUNO Pi NAI!-@ FdONb 5/8".REBAB15, ALL A PART OF TOIVNSHIP 36 NORTH, RANGEDOT MONUMENT10 WEST, TOWN OF CEDAR LAKE, BARRON COUNTYWISCONSINSIMPLIFIED VIEW8 - SET 3/4" X 24" IRON BARA- COMPUTEO POINTSCA!- 6 0 sSCALE 1" 40'REDCEDARLAKEPROPERTY L9- ' p ,A4t»"? yScHAEt CLAMER S 10'S-2345 S %s StonaLake, / MG fo',l'iOZ-( s'.'i ?SHEET 2 OF 4

DESCRIPTIONThe Right of Way of 28th Avenue located .in a part of Government Lot 4, Section 10 and in a partof Government Lot 3, Section 15, all being a part of Township 36 North, Range 10 West, Townof Cedar Lake, Barren County, Wisconsin, more particularly described as follows:Commencing at the Section Corner common to Sections 9,10,15 and 16 of said Township andRange;ttienee on the Section Line between said Sections 10 and 15, N89 10'08"E 40.11 feet to a PKNail at a point of intersection with the easterly Right of Way of State Trunk Highway 48, thisRight of Way also being common to the westerly Right of Way of 28th Avenue, this also beingthe Point of Beginning;thence on said common Right of Way line, SOO 02'06"W 24.92 feet to an iron bar:thence SOO 43'17"W 2.93 feet to an iron bar;thence leaving said common Right of Way line and on the southeriy Right of Way of 28thAvenue alone, S89 10'23"E 281.34 feet to an iron bar at point of intersection with a MeanderLine of Red Cedar Lake;,thence leaving said southerly Right of Way and on said Meander Line, N23 43'07"W 54.41 feetto an iron bar at a point of intersection with the northerly Right of Way of 28th Avenue;thence leaving said Meander Line and on said northerly Right of Way, N89 10'23"W 261.72 feetto an iron bar at a point of intersection with the aforementioned common Right of Way linewith State Trunk Hfghway 4S;thence leaving said northerly Right of Way and on said common Right of Way line, S21 05'11"E6.83.feettoarebar;thence SOO 30'01"W 15.31 feet to the Point of Beginning.Satet Right of Way is 49.5 feet wide and extends from State Trunk Highway 48 to the water'sedge of Red Cedar Lake.The above described Right of Way contains 14,448 square feet more or less, including all theland between the Meander Line, the water's edge of Red Cedar Lake and the northeriy andsoutherly Right of Way lines extended to the water's edge.SURVEYOR'S NOTESThis survey, done at the direction of the Town of Cedar Lake Town Board, was performed todetermine the boundaries of the Right of Way of 28th Avenue, east of State Trunk Highway 48to the shore of Red Cedar Lake.Research in the records revealed some documents that noted a Right of Way and others thatdid not note a'Right of Way in this area. Research included all the recorded instruments in theRegister of Deeds Office for Barron County in both Government Lot 4 of Section 10 and inGovernment Lot 3 of Section 15, archival air photos, archival Plat Books from 1926 to thepresent, filed documents(surveys and notes) at the office of Land Records for Barron County,State Highway maps and plans and meetings with Town Officials and Landowners.The Town of Cedar Lake publically claims to have maintained this portion of 28th Avenue fordecades and the Landowners did not reject that claim in public meetings that I was present for.Another claim that was made was that the general public has been using this road for decadesas an access to Red Cedar Lake for launching and landing boats, to go ice fishing and to travelthe seasonal Ice road across Red Cedar Lake, among otherthings. This also was not disputed !nthe public meetings I was present for.In my research of the documents noted above, I found conflicting A SCOA/sZ ,evidence of the existence of a Town Road. Previous Surveys jS ' ' in the area. Map of Survey #8343, Certified Survey Map #2759 fy MICHAEL C.' ' and Map of Survey #6310 all do not show a Town Road Right 5 j .aAMER of Way. Certified Survey Map #245 shows \ stoneLaiie, f 5a 66 foot wide Right of Way. flk C-CL ' Ws- /"' / , a SHEET 3 OF 4

Plat Books from the years 1942,1957,1961,1964,1970, 1976,1995 and 2001 do not depict aTown Road in this location. Plat Books from the years 1926,1954 and 2005 show a Town Road.Plat Book from 2008 notes this as a Public Lake Access.The Records from the Register of Deeds Office did not note any conveyances to the Town for aRight of Way.Boundary Surveys in the State of Wisconsin are to be done to the "Minimum Standards forProperty Surveys" as outlined in Wl Admin Code Chapter A-E 7.Speciflcally,,A-E 7.03 states among other requirements, that surveyors shalt define the right ofway lines of highways where they are surveying.So the first question to be answered in this Survey is whether or not this roadway qualifies as aTown RoadThe evidence provided by the Town of Cedar Lake and lack of documentation to the contrary,Indicated to me that Wisconsin Statutes 82.31(2) would apply here as to the existence of aTown Road Sight of Way. Specifically having been used by the public and maintained by theTown for over 10 years, this would be an "unrecorded highway".An unrecorded highway by Statute is presumed to be 66 feet in width.This then brings up the second question, what is the width of this Right of Way?66 feet wide for a Right of Way is a presumption, refutable with evidence to the contrary.In my vork on this Survey, 1 located as many of the predominant features along the roadway aspossible. This included the edges of the pavement and gravel roadway surfaces, a wooden gate,trees df varying sizes and utilities, among other things.Typical road Right of Way widths are expressed In rods. One rod being 16.5 feet. Therefore 2rods would :be 33 feet, 3 rods 49.5 feet and 4 rods 66 feet.In looking at the landmarks that I had located in the course of this Survey, I found that the treesand the gate on the north side of the roadway were mostly parallel with the trees on the southside of the I'oadway. This did not seem like pure coincidence. The distance between these twolines was on average a little over 55 feet and the roadway itself seemed to lay mostly in thecenter between these two lines.Using the points where I had located the edges of the pavement and edges of the gravel on theroadway, I created midpoints between these locations. Then r drew a line from west to eastthrough each of these points from Hwy 48 to Red Cedar Lake. Then I let the computer programcreate from that Sagged line a best fit straight line from the Hwy to the Lake. ft varied no morethan a half a foot from any one center point.This indicated to me that I had a good location for the centerline of the roadway.Being that the landmarks that I had located as noted above, where not in a perfect line, butnearly, and the fact that they were close to 50 feet wide between them, I believe this Right ofWay to be 3 Rods wide(49.5 feet), 24.75 feet lying each side of the centerline I created as notedabove. This method centered the Right of Way between the landmarks found, for all practical.purposes.In conclusion, I have staked and mapped the Right of Way of2Sth Avenue as 49.5 feet wide,from Highway 48 to Red Cedar Lake, as depicted upon the Map of Survey I have drafted. 28thAvenue is a; public easement and an unrecorded highway, the land beneath the Right of Waybelonging to the private land owners as noted on the Map.CERTtFlCADON1, Michael C Clarner, a Wisconsin Professional Land Surveyor, herebycertify that this Map of Survey done at the direction of the Town SfiON'sf// of Cedar Lake Town Board, is correct and complete to the best . :; " * " .- .of my information, knowledge and belief. v/ MSCHAELC. V i "OAMER ;S S 8-2345 j S'/H C /a i onw6a VMichael CClamer,WPLS 5-2345' %AS itR W235 County Highway B '" 'Ml1 Stone Lake,, Wlfield work completed 03/30/2021SHEET 4 OF 4

MAP OF SURVEYA PART OF THE LANDS IN DOCUMENT*' 811289 LOCATED IN GOVERNMENT LOT 3,SECTION 15, T36N, R10W, TOWN OF CEDAR LAKE, BARRON COUNTY, WISCONSIN. R.e'ceivedPINES AT THE LAKE, LLC, A WISCONSINLIMITED LIABILITY COMPANY. DOC. # 800931NOV 232015,(CSMVOL.19,PG.130 #27S9), I'SR'SS' y y MMy f -,- f WWWW S-fl W WWVB SS NWCOR.SEC.15 15SEC. tfj K)ialIN ASPHALTGATEWITNESS :\- ' & gS a tei sT te ; 'CORNER '\ '% j , i cNpyS ?{%% K N —': ':1' .ROUND BAR\ . N0 PARKINGN89 10'08"E .NSfflOWE .SURVEYS —" 7""- J1!SURVEYNAn.SURVEY NAILBARRQW'CO. ,279.27'SIGN LGATHERING PLACE RESORT, LLC, A WISCONSIN LIMITEDLIABILITf COMPANY. A PART OF DOC. 811289-31;08- -." /-7'.\ REDCEDARLAKE MAILT% BOXESD ZW.47LS,a9 11?'08"WAERIAL POWER LINEy-.S5/ ' 'w PINESI-U"PINES'POWERPOLE?PARKIMG .',','SIGN ' '' LIGHT\'oiPOLE 0GRAVEL PARKINGUl g:mISLAND OF HAPPY DAYS PROPERTIES INC.VOLUME 664, PAGE 331. : BEAR!NGSREFER?"cE TOTHENORTHyNE.'''''"'"""'" '. . OF SECTION 16 LYING WEST OF RED CEDAR LAKE,RECORDED TO BEAR N 89 10'08" E.'SURVEYOR'SGRAPHIC SCALE30'60'3/8" IRONLEGEND:BAR COTa 3/4" X 18" IRON BAR SE

Jeff French jeff.french@co.barron.wi.us jiAKK v n'iE,'A;TV, % Fwd: Rice Lake Area School District Nature Center 1 message Steve Olson steve.olson@co.barron.wi.us Man, Nov 1, 2021 at 11:53 AM To: Jeff French jeff.french@co.barron.wi.us Here it is Forwarded message From: Pat Blackaller blackallerp@ricelake.k12.wi