1. Block 8 Plat Series: Our expert witness Don Chaput made a great point about lots 1-10 in Block 8 of the Bay View Plat (along the water) - these, along with all the adjoining lots and blocks, were first surveyed in 1873, and have been perpetuated by surveyors through to the present day. You can easily see them on the Door County Land Information Office webmap - zoom in, and turn on 'plats' under 'Parcels' on the layers.

 

Overlaying platted lot rectangles (along with the street grid, etc.) is pretty straightforward. These maps below are of the same space at the same scale (I added light blue from the indicated edge of water, for clarity). Yes, indeed, speculative land developer and dock builder Joseph Harris had some of his subdivision lots platted into the water. Where he was going to build a dock. Eventually a big dock. With the Teweles & Brandeis grain elevator.

This is the kind of information readily available and important to any ordinary high water mark determination.

Exhibit8overlay

Expert witness surveyor Don Chaput's overlay of the edge of water from the City's 1873 Plat and 1888 Plat (original plats shown below)

2017DoorCountyLIO

The ten lots of Block 8 perpetuated by surveyors through time are represented in green on the current Door County LIO webmap.

1873BayViewPlat-01

The earliest known survey - 1873 Plat of Bay View - highlighting the ten lots of Block 8. This is the original plat, only with blue color and purple rectangle added.

1888HarrisBayViewPlat

1888 Harris' First Addition to Village of Bay View - highlighting the ten lots of Block 8. This is the original plat, only with blue color and purple rectangle added.

2017Feb10

Map showing our understanding of Judge's ruling 10 February 2017 - also highlighting the same ten lots of Block 8.

2. How to Read Water Depths: The US Army Corps Lake Survey maps are referenced to low water datum - i.e. the shallowest depth a boat has to worry about given our lake fluctuation cycle. In the 1925 USACE Survey (used for the WDNR Letter of Concurrence), you have to add 3 feet to the depth numbers to get depth to OHWM. Thus it's not a 2' shallow bay, it's a 5' near-shore depth at the Concurrence parcel.

If you hear anyone say "but it was so shallow", please explain this to them. I know of state legislators and city government members who do not understand this (or who ignore it).

This is the kind of information readily available and important to any ordinary high water mark determination.

Did I mention these surveys had three survey teams working together - the land crew, the near-shore crew, and the off-shore crew?

1925-USACE-LakeSurvey

Exhibit8overlay

Expert witness surveyor Don Chaput's overlay of the edge of water from the City's 1873 Plat and 1888 Plat (original plats shown below)