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Page 2 <br />November 3, 2016 <br /> <br />o An easement for the benefit of E.B.M.U.D. for construction and maintenance of water <br />transmission pipes <br />o SSE – Sanitary Sewer Easement in favor of Ora Loma Sanitary District for the constructions an <br />maintenance of public sanitary sewers <br /> <br />- Conspicuously absent from these precisely defined non-resident vehicle access easements is any <br />reference to non-resident vehicular access or non-resident vehicle parking within Heron Bay for Bay Trail <br />users. Other than these precise easements, the HOA is fully within its rights to control access to non- <br />resident vehicles attempting to use Bayfront Drive. Note that the HOA currently does not provide non- <br />resident public parking on its streets and in fact, all street parking is currently by permit only. <br />Confirming the obvious, private motor vehicles are not permitted on that portion of the Bay Trail and <br />the wetlands along the westernmost boundary of the Heron Bay Community. <br /> <br />The remaining easements of record, are: <br />o PPAE- Private Pedestrian Access Easement for residents to use HOA sidewalks to access their <br />homes <br />o PAE – Public Access Easement – for Bay Trail pedestrian and bicycle users to use the 8’ wide <br />paved path described in the BCDC Permit for Heron Bay from the end of Lewelling roundabout <br />to the Bay Trail trail head at the west end of Bayfront Drive. <br />o PSDE – Private Storm Drain to be maintained by the HOA <br /> <br />- To address recurring erroneous statements that the original intent of the Tract Map was to include non- <br />resident vehicular access and vehicular parking for Bay Trail users within Heron Bay HOA, I cite the fact <br />that nowhere on any final documentation connected with the approval of the development are there <br />references to a final agreement by the developer to provide such non-resident vehicular access or non- <br />resident vehicle parking. While conversations and negotiations may have taken place over an extended <br />period of time prior to the Tract Map being finalized in 1997 and may have included those topics, they <br />clearly were not part of the final negotiated settlement as reduced to writing in the form of Tract Map <br />6810. <br /> <br />- Confirming the fact that for the past 19 years, the Bay Trail access easement granted by the original <br />developer allows pedestrians and bicyclists to freely come and go along the Bayfront Drive path on their <br />way to and from the Bay Trail. The HOA has no issue with pedestrian and bicycle access through the <br />HOA property along this path and proposes no change in that practice. However, the Bay Trail access <br />easement contains no provision for a vehicular access or parking for Bay Trail users. Again to clarify the <br />fact, the BCDC Permit specifies an 8’ wide paved path and associated unpaved shoulder for the access <br />easement clearly was not contemplating vehicular use of that easement. The BCDC permit requires a <br />paved path, not a paved roadbed. <br /> <br />- Mention was made at the Planning Commission hearing about an encroachment on the Lewelling <br />roundabout public street. A mistake by the Attendant last winter in which he placed orange cones in <br />the Lewelling roundabout public right of way was swiftly met with a cease and desist letter from City <br />Engineer Keith Cooke to which the HOA immediately addressed and remedied. No such encroachment <br />on the public right of way has occurred since. To bootstrap that one misstep into a de facto involuntary