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• <br />• <br />• <br />b. Damage to the existing improvements: $ 50,639.00 <br />12. It is not appropriate for the City to maintain the cartway given its private usage. <br />The cost of maintenance must be equitably divided between the HOA and <br />Petitioner based on factors such as: <br />a. Frequency of use. <br />b. Type and weight of vehicles or equipment. <br />c. Distance traveled on the cartway to Petitioner's property. <br />13. The City finds that: <br />a. Petitioner's use will be sporadic and infrequent. The HOA members will <br />continue to use the private drive as a residential street for access to their <br />homes. <br />b. Residential vehicles and lawn maintenance equipment will be utilized by <br />Petitioner. The HOA members will cause typical residential traffic to occur <br />on the private drive. <br />c. The distance traveled over Outlot A for the cartway is less than half the <br />distance of the existing private drive. <br />d. The HOA' s costs for maintaining the private bridge and road vary from <br />year to year, depending upon the type of maintenance required. <br />Conclusions <br />1. Petitioner owns a tract of land containing at least five acres that is accessible only <br />by a water channel or over the lands of others. <br />2. The channel is a navigable waterway. <br />3. Because of its size, there is no practicable access across the channel in the absence <br />of a bridge. <br />4. Petitioner has met the statutory requirements for establishing a cartway in order to <br />obtain access to the Land. <br />