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3). Since the District has been maintaining these ditches from <br />one side or the other for over seventy years it does claim a <br />prescriptive easement to continue such maintenance over <br />adjoining private property where such encroachment occurs. <br />This prescriptive easement does not include the construction <br />of a roadway for ingress -egress purposes of the general <br />public since the District has not and does not build or <br />maintain roadways for use of the general public. <br />4). Many of the currently maintained (graded)'roads within the <br />District are located along the Districts maintenance berms <br />and likewise encroach on adjacent private property. It <br />should be understood by the County and the general public <br />that the F.W.C.D. does not maintain these roads. In the <br />case of the subject Kahn property where roadways are -not <br />existing along the maintenance berms it is not the respon- <br />sibility of the District to build such roadways. <br />5). As we have discussed the optimum condition.would be to build <br />ingress -egress roadways on the tract lines midway between <br />the existing sub -laterals to eliminate the obvious conflict <br />of dual.purpose roadways and canal maintenance berms. <br />6). The District should recommend to the County that future <br />development or subdivision of large tracts of land within <br />the District be accomplished in either of the following <br />methods: <br />A. Require the formation of a Property Owners Association <br />to establish conforming or non -conforming rights-of-way or <br />easements and roadways with provisions for maintenance by <br />the P.O.A. <br />B. Require that roadways be platted and constructed to <br />County specifications and turned over to the County for <br />maintenance. <br />Either of these methods would make the buyer or potential buyers <br />of such tracts aware of who is responsible for roadway construc- <br />tion and maintenance. This would eliminate many of the dis- <br />traught calls that you.and Jim Davis receive pertaining to this <br />matter. <br />In those cases where such tracts have already been sold, a spe- <br />cial taxing district may need to be created to accomplish the <br />desired results. <br />Trusting this to be of some assistance to you and looking forward <br />to hearing from you if we may be of further assistance, I remain, <br />Very truly yours, <br />, R.L.S. <br />XEC/crb <br />cc: Bob Keating <br />} Jim Davis <br />59 <br />BOOK 4 F'..UC 9 k_� <br />I <br />