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Mayor Wm. Brad Van Nest July 8, 1980 Page 9 A survey dated 9-3-74--a week before I took title -to 3145 North Shore Drive --shows Fred Rogers moved the easements from 3145 North Shore Drive to 1410 Bohns Point Road. He could not have done this if he did not control both properties. d. Paragraphs 24(b) and (e) state that building a house on 1410 Bohns Point Road won't create overcrowding or materially increased density or materially increased traffic. The facts are that (1) there is already too much noise and traffic in the area resulting from three easements running on either side of 3145 North Shore Drive, (2) there would be at least five boats on the two adjacent lots plus canoes and miscellaneous small craft, (3) any of the three easement holders, in- cluding the one given by Duane Hoff before he moved, can and do invite other families to use the beach and docks, and (4) the City of Orono has absolutely way to enforce covenants which purport to limit (illegally) the use of these three easements. e. Paragraph 28D(1) states the easements are "invalid" (as stated by Mr. Rhode's counsel to counter Mr. Malkerson's objection to granting a variance to a lot with easements) since this would make the lot a subdivided one. Having been "subdivided" the lot would no longer be a legal building lot. Mr. Malkerson's acceptance of Mr. Swenson's characterization of the easements as "invalid" rescued him from facing up to the subdivision and out lot problems. that Mr. Malkerson would state that these easements (and ;. �- sumably all lake easements) are illegal subdivisions and the casements t mselves sf''nvaITiT 'is a gross bending of fact since, as the courts have verified, the easements are valid. 'There is nothing in the Orono Code, Mr. Malkerson's comments notwith,;tand- ing, to even sugges* that the easements are invalid.