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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, December 14, 2009 6:30 o’clock p.m. _____________________________________________________________________________________ Page 8 of 17 (8. #09-3433 RICHARD HANSON, 340 BIG ISLAND, Continued) Bremer asked whether any cause of action has been brought by the adjoining property owners regarding the prescriptive easement. Dwyer stated he did not know that it was necessary since the neighbors always thought that was public land. Bremer asked what specific property owners Mr. Dwyer represents. Dwyer indicated he is here on behalf of Mr. John Eiden, William Yaeger, and Samual and John Dean. John Eiden stated in 2002, the street was vacated and he was not notified of it. The minutes from 2002 reflect that there was a great deal of discussion on whether that street should be vacated. In 1887, Lot G was not a buildable lot, was not a buildable lot in 2002, and is not a buildable lot now. The lots do not go down to the beach but go to the street. Over the years someone constructed four cabins on the street. The street was vacated in 2002, and he was not notified of the vacation. Eiden stated as he has reviewed the old surveys, it became obvious that the street is a beach road and that the road goes down to the lake. He has resided here for the past 12 years. There is no fire or police protection on the island. Eiden indicated he likes to visit his property in the winter and that he needs that access point to get to his property. This area has been a beach since 1877. Even more recent aerial pictures depict Lot G. Eiden commented he has cleaned up debris many times over the years and that Mr. Hanson is seldom on his property. A mound system was also constructed very close to Meta-Comet Avenue, which will become a ski jumper’s paradise and raise potential liability issues. Eiden stated in his view it will be a mistake to vacate this access. Eiden pointed out he is a contiguous property owner but was not notified of the street vacation in 2002. Murphy asked if the overhead is the true depiction of the properties. Murphy noted it does not show that the road goes down to the lake. Mattick stated what is before the City Council is vacating an easement and that the City Council does not have the authority to rearrange the property lines without an application by the property owner. The fact that Lot G still exists on the map does not impact the vacation but what is important is whether there are any recordable rights. Eiden stated since 2002, he has called the City every few years to find out whether that is still an access and has been told it is. Mattick stated he is unsure exactly what happened in 2002, but that based on what he has seen, it was vacated in 2002. Eiden stated Lot G was always considered a beach and an access point for the neighbors. Mattick stated in order for it to be an access, it would have to be a city-owned access or an easement from the property owner would have to be given to the other residents. Item #02 - CC Agenda - 01/11/2010 Approval of Council Minutes 12/14/09 [Page 8 of 17]