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-1 JUNE 2 mJ 1989 Boor 77 F,4GE 212 10 Before any realignment can be undertaken, the County Attorney's office should make a determination and issue nofopinion as to to whether hey the management plan is enforceable in the town realignment or abandonment. 11. One of staff's concerns that the Historical Society agrees with is whether the developer owns both sides of the entire alignment. It appears from the record that the developer does not own sufficient land on its northern boundary to enforce the 30 foot building setback. That would mean that the County could not enforce the 30 foot,building setback as to that property owner. It is axiomatic that the agreement between this applicant and the County would not be enforceable against a third party. 12. Any abandoned or closed portion of the Trail must remain free of anyencroachment by private property interests. Essentially, the Trail must remain in its present alignment unencumbered by lot lines, improvement encroachments, etc. 13. Stop signs and yield signs and that sort of thing must be placed in such a manner as to allow the continuous and uninterrupted flow of traffic on Jungle Trail. In other words, any traffic crossing the Trail including at the development's entrance must yield right of way to the through traffic on the historically significant Trail. 14. The Trail needs to be protected at all costs from inappropriate light sources including residential, security lighting, etc. All light sources near the Trail need to be shielded or eliminated so that the Trail does not suffer from light pollution. 15. The developer has expressed an This portion of the plan needs integrity, historial character, and it remain in its unpaved status. intent to pave a portion of the Trail. to be eliminated. The historical continuity of the Trail dictate that 16. The developer must be prohibited from building of any kind in the Oak Hammock, whether that portion is dedicated to the County or not. The developer is justifying their request on the increased scenic enhancement of the Trail. If building is allowing to occur in the Oak Hammock, obviously the enhanced scenic quality is diminished and the rationalization and justification for the realignment is defeated. -I-, am attaching once again for your ease of reference, a copy of r William Thurston's May 180. 1989, letter to me. As relates to public access, the strongest evidence in the record clearly indicates that an abandonment and denial of public access could result in jeopardizing the historical integrity of the Trail. It is the Historial Society's position that any closed or abandoned portion be left available to the public in its original alignment. If the developer has legitimate security concerns (which I point out are not criteria on which to justify realignment), then and in that event, the developer can take additional security measures. As an example, perhaps the developer could enforce daylight traffic only, etc. After you have had an opportunity to review these comments and recommendations-, please call me if you have any questions. Thank you for your consideration. Sincerely, MOSS, HENDERSON & LLOYD, P.A. By: o Kevin S. Doty, Esq 74