Utility Easement Issue

10396 N Mallard Lane, Hayward Wi 54843

Hi Micah,

Below is a copy of the letter with photographs we sent to Kraig at Jump River to support their need to establish a documented “right of way” easement from mallard lane all the way through the Mcintosh property and the Wisconsin DNR land to the transformer on our property to protect the utilities going forward.

After reviewing the situation, Jump River determined that Sue Mcintosh had already signed a “right of way easement” document in 2011  and that was all they needed to be able to gain access to service the utilities for our property going forward. We had a survey done and an evaluation by diggers hotline and have included photos below showing where the utilities are located on the easement as it passes through the DNR owned portion of the easement.

If you need to contact Jump River to establish the right of way easement document over the DNR land, then Kraig may be the best contact as he has been to the property and has been involved with the issues.

Let me know if there’s anything we can do to help or if you need any more information. We really appreciate your efforts to sort this out.

Thanks so much

Steve Barnes and Ann Berlage

From: se*@no****************.com <se*@no****************.com> Sent: Tuesday, January 24, 2023 2:21 PM To: Kraig Gay <kg**@jr**.com> Cc: 'Ann Berlage' <an*@no****************.com>; se*@no****************.com Subject: Easement Information,10396n Mallard Lane, Hayward, WI

Hi Kraig:

Thanks for your efforts to evaluate the location of the utilities leading to our property. The owner of the property at the corner of the access easement is seeking to move the access easement further away from her house (A portion of her house as well as the associated septic system are currently within the boundaries of the existing access easement) so that her house is compliant and so that she can get a land use permit to continue to build further. She has built an access road which she would like to have become the “access easement” for us to use to get to our property which you will see when you go to the property. However, moving the “access easement” to that location will leave the utilities unprotected as zoning documents do not define a “right of way easement” to protect the utilities and the access required to maintain them. When I called Jump River, the person I spoke with told me that Jump River would seek to establish a documented “right of way easement” from mallard lane all the way through the McIntosh property and the Wisconsin DNR land to the transformer on our property to protect the utilities going forward. We appreciate your efforts toward accomplishing this before we agree to moving the access easement to the proposed location.


When I spoke with your office, they recommended that we send you some pictures associated with the utility easement you are investigating. (without the snow) The utilities were marked (by diggers hotline) in august of last year and we have these photos which may be helpful. I have also included a copy of a survey showing the existing “access easement”, septic system and proposed “access easement” location on the McIntosh property.

We have marked on the survey, the identified location of the utility lines as per the evaluation from the “diggers hotline” evaluation. We have more pictures of the marked locations through the DNR property to the transformer if they would be helpful.


Thanks again, we look forward to hearing from you as to the results of the investigation. Let us know if we can help.

All the best

Ann Berlage and Steve Barnes


Ann Berlage, MD , Steve Barnes

North Star Homestead Farms LLC

11113 N Fullington Road

Hayward WI 54843



Tel: 715-462-3453

Cell: 508-404-6632

Picture 1

Survey marking location of where the following pictures were taken(green dots) and where the diggers hotline inspector marked the utility line (grey line between dots)

Picture 2

Location of Junction Box on Mallard Lane

Picture 3

Looking North, from Mallard Lane, down the easement. Tape measure is measuring 15 feet East of the utility mark.

Picture 4

Looking South, up the easement, toward Mallard Lane, tape measure showing 15 feet East of the utility mark

Picture 5

Looking south from the junction of the current easement and the proposed access easement

Picture 6

Looking south, from the DNR property toward the junction shown in picture 5

Picture 7

Looking south, through the DNR property toward the junction shown in picture 6

Picture 8

Looking south, from our transformer through the DNR property.