Protecting what's rightfully ours: The much-used road leading to the San Rafael exit gate

The vaguely worded sign put up about access to the undeveloped part of our community unwittingly has raised questions unrelated to the spraying of green dust-control material. (For a discussion of the spraying see the Sept. 12 posting below). A resident posted this comment: "I'm still wondering about the next owner who takes over from Enterprise. The road, gate and retention pond were part of a single development plan and both parts were considered a single lot, regardless of the phases of development. The HOA needs to make sure that our interests (are) protected. I recall Enterprise asking the city to let it out of its bond held for future improvements to Palermo and Murano Palm Springs. The council said 'no' and talked about the 'ramifications of the developer walking away,' so it denied the request." These are good points to remember. According to material sent to Positively Palermo, the City Council on Sept. 2, 2009 reviewed a staff report that said, "The condominium project has been constructed in phases although the map is for a single lot (typical for condominium developments). The initial 'phase' of the project has been completed and is occupied. All Works of Improvement related to, and necessary for the habitation of, said 'phase' have been installed, completed, inspected and approved by the city." In other words, the city has approved and inspected the road — an extension of Enterprise Way — that runs to San Rafael. The city also has approved and inspected the access gate on San Rafael and the water run-off retention feature (a.k.a., what's below the "concrete pond") as part making our community habitable. These are all vital, interconnected components that are part of Phase 1, required to make it livable, and can't be taken away with any change of ownership in the other undeveloped land. In fact, the city after complaints required the secondary access for traffic safety reasons, and it's needed for when the wind conditions are dangerous. The portion of Enterprise Way in Phase 2 has been a real working road with much vehicle and pedestrian traffic, a U.S. Postal Service box, and commercial office. The Palermo HOA also has paid for upkeep, such as repainting the road's fire hydrants and replacing at least one plant in front of the models. MB Financial could foreclose on Enterprise's property in mid-October, then that bank could own it or some other entity could buy it. Management must be prepared to fight, if the new owner tries to grab what is ours on the undeveloped portion of our community. But there's been no discussion of this on meeting agendas. Miss Penny Lane says: Hands off our road, access gate and water retention system.