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Additional Information from Staff for #09-3433 January 11, 2010 Response to some of the questions raised at the 12/14/09 Council meeting Council Exhibit I Why do some maps show Meta-Comet Avenue extending to the lake and some don't? The larger scale maps the City uses are produced by the County Surveyor from plats and other records. (The County Surveyor does not go out and survey the property. The maps contain the disclaimer "This is not a legally recorded map. It represents a compilation of information and date from City, County and State road authorities and other sources.") The City has several sets of these maps of different ages. While the maps usually have no date, older versions do include the name of the County Surveyor. Before 1987 the maps were hand drawn so it is easy to tell when an entire map was redrawn. The oldest sets the City has have the County Surveyor as Howard Perkins. They include a date -1949 -but that is probably when the map was first drafted. Mr. Perkins was County Surveyor from 1947 to 1964. This map shows Meta-Cornet and Massasoit Avenues not extending to the lake. This map ( with revisions) was still in use in 197 5 as the City has a copy of aerial photographs with this map superimposed over it. Sometime before 1980 the entire map was redrafted. This map indicates the County Surveyor was Alver Freedman. Mr. Freedman was County Surveyor from 1974 to 1980. This map shows Massasoit and Meta-Cornet Avenues extending to the lake. The next set was drawn using a computer program. The County website indicates hand drawn maps were replaced with the computer drawn by 1986. This map shows Massasoit and Meta-Cornet A venues extending to the lake. The map that is currently in use by City Staff is updated version of this set. It is at least 10 years old. Within the past month the City has purchased a new set of these maps. They show Meta-Cornet A venue not extending to the lake. How can we know which is correct? To make an authoritative determination requires a survey. In conjunction with the vacation of Massasoit A venue a survey by David E. Crook was submitted. It shows that Massasoit and Meta- Cornet A venues did not extend to the lake. In conjunction with this vacation Mr. Hanson submitted a survey by David B. Pemberton that shows that Meta-Cornet A venue does not extend to the lake. Was part of Meta-Comet A venue vacated in 2002? No, the vacation ended at the westerly right of way line of Meta-Cornet Avenue. The confusion might have resulted from the use in the staff reports of the county map (which showed Massasoit and Meta-Cornet Avenues extending to the lake) and a copy of Mr. Crook's survey that Staff enhanced in way that suggests that Meta-Cornet A venue did extend past Massasoit A venue to the lake. (All the staff reports state that it did not.) How did Lot G come to be divided among the property owners on the opposite side of Massasoit Avenue? The divisions are hand drawn on the City's copy of the county map that dates from the mid 1950's, before the City was incorporated. Mr. Hanson's father purchased the property, including part of Lot Gin 1960. He subsequently sold off what is now 350. While it is plausible that Lot G was intended to be a private beach for lot owners, with Bay Place providing for public access, it is probably impossible to know the subdivider' s intention. It would be up to the lot owners to investigate and determine if they have any rights in Lot G.