100+ Heartfelt Petition Comments

 

“I have used this path consistently (2 times per week) for the last 12 years for safe access to Mt Diablo state park.”

“I have used this past as a cyclist to safely access Mt Diablo for over 10 years. I have always cycled with a friend or small group and we have always been respectful of the neighborhood and have only witnessed others do the same. The alternate route on Diablo Rd is not safe for cyclists or walkers and I hope it doesn’t take a tragic injury or death to reverse this terrible decision.”

“This path has been critical for my family for over 20 years!”

“I am a neighbor on Mt Diablo Scenic and can honestly say I never understood the amount of traffic this road gets.  The path was my one saving grace as I felt “safer” knowing my kids could bike, walk our dog or visit with friends via this public easement.  With access now restricted by this metal fence, I feel danger lurking.  We need this trail to open back up as quickly as possible.  And as a neighbor — PLEASE SLOW DOWN as you drive AND bike on this private road!  There are children and animals who live here!!”

“I’ve lived on Diablo Scenic for 24 years. And for nearly all of that time my family has used that pathway to walk our dogs and ride our bikes on “the loop,” and the impact on my daily exercise is significant. If you want to live in a gated community there is a large development down the road. There has been an been an easement for the benefit of the rest of us for decades.”

“I’m signing this petition because I and other cyclist/pedestrians want this granted public easement re-opened in the name of public safety.  The young kids, who are our future, should be allowed a safe passage as all of us are supposed to have.  I have not seen any evidence of trash left behind or vandalism when I have traveled this area as the cyclists/pedestrians are respectful of the neighborhood.”

“I am a part of the mountain bike team on the very first practice we couldn’t use the path because it was too muddy. The road was so scary i thought I was going to get hit by a car but once we started using the path I felt so much safer and why would people that live there put up a fence so they cannot walk through. That’s my question I don’t understand that. Please take down the fence That’s all I’m asking. The animals they can’t get through for they could now they can’t. What are they going to do Jump over the fence Deers can’t jump over fences. Take down the fence. 

“The student riders rely upon this public easement for a safe route to access our community’s public trails.”

“I have used that entrance to walk safely for 20 years!”

“Safety for cyclists!”

“Riding on Diablo road is hazardous. I also feel that cyclists and walkers along Diablo Road cause traffic back-ups. With all the haters out there, tragedy is bound to happen.”

“The access to Mt Diablo via this short dirt road has existed safely for decades. Much safer for cyclists & pedestrians to access the mountain as compared to riding, walking thru the much increased traffic to get to the Athenian School access. Please re-open the connector path.”

“I care”

“I have used this easement access many, many times in the past decades thankful for the safety it provides.”

“This is a public access easement which means everything for safety of local citizens.”

“I care about safety”

“This fence blocks safe passage for both people as well as for wildlife. Numerous people biking on the alternative Diablo Road route have been hit and seriously injured by drivers. A separate bike/walk pathway along Diablo Road is in the works and will hopefully be completed within a few years. The fence should be removed at least until then to protect the safety of people visiting Mount Diablo, and then likely afterward in order to continue serving as a wildlife corridor connection.”

“Access=Safety”

“I am a cyclist concerned about safety.”

“Cycling safety should be prioritized!”

“I’m a coach with the local SRV mountain bike team.  We support high school and middle school youth engage in healthy outdoor activities and prosocial engagement. This closure (ostensibly authorized by US Bank, and which blocks a public easement) will force me to lead youth on narrow roadways with little or no shoulder and high levels of car traffic, potentially endangering their lives, or forego routes and activities and severely impair our ability to support youth.  Why would US Bank endanger the lives of kids, or refuse them access health activities on the mountain over what IS (and has been for decades) a public easement?  US Bank, please do the right thing and remove the fence.”

“Needs attention.”

“This path has been in use for several decades and should remain open as a safe alternative to the main road.”

“I’ve been using this path for decades!”

 
 

“No one has yet mentioned how losing this alternative access would effect  us in case of fire!”

 

“The ball is in US Bank’s court.  They have the authority to remove the section of wall on their property.  And my suspicion is that the Intervenors overstepped their authority when they erected the illegal section of wall.  Good thing we have courts to set things right.  This pathway connector is a public right of way, has been since 1915-16 when it was a 60 foot wide roadway easement.”

“We live close to the path. Since they block the path, we lost the  alternative access…it would effect us in case of fire!There is no legal basis support them did that.”

 

“The bank knows there is a legal public easement across their property.  It is in the title to the property.  It does not matter what they were told, this action is illegal and should be rectified immediately.”

 
 

“Safety for bikers making a safe connection to those riding up South Gate is very critical and important to the safety of the public.”

“Remember the 3 cyclists who were struck by a car on Diablo Road in October 2017? Two separate incidents…on the same day! Now imagine MANY MORE accidents and the likelihood of tragic life-altering (or ending) results. We MUST protect the safety of cyclists!  And I agree with the other statements regarding how closing off this access adds fire danger to folks who live near there…and exit path has now been BLOCKED!”

“All users (bicyclists, walkers, runners) should have access to this path. Using Diablo road as an alternative to taking this path is dangerous, as Diablo Road has heavy car traffic.”

“It will be safer for bikes to open the path. Cars are too fast on this road.”

“I have always thought this was a prescriptive easement. It meets all the definitions. https://www.jdsupra.com/legalnews/prescriptive-easement-against-neighbors-4162403/In order to establish a prescriptive easement, you must meet the following requirements:• Open and notorious use: The use of the property must be obvious to the owner. This means that you cannot use the property in a way that is hidden or secretive.• Continuous and uninterrupted use: The use of the property must be continuous and uninterrupted for a certain period of time, which varies from state to state. In California, the prescriptive period for easements is five years.• Hostile use: The use of the property must be hostile to the owner’s rights. This means that you cannot use the property with the owner’s permission or consent.• The knowledge requirement is not one of the elements of a prescriptive easement. This means that you can still acquire a prescriptive easement even if you did not know that you were using your neighbor’s land”

 

“I live on mount diablo scenic and use this path daily to walk, connect with others in our neighborhood and walk or bike to the post office. The path safely connects the community and promotes healthy activity and fun! No path = disconnected community”

“Another SRVMTB coach here…echoing the sentiments of Todd Gary’s previous description of the various negative impacts this closure will have on our program.”

“All other alternative are dangerous for walkers and cyclists.  This is a well used and safe path and it was blocked without thought to safety.”

“In 1979 continued development in Diablo threatened to close this connector; the influential East Bay Area Trails Council asked the County to protect this trail or pathway.  The County responded that as a condition of approval of the development, “a requirement that a riding and biking trail easement connecting the two roadways be established.”  The easement was recorded on the 1979 parcel map as a “25-foot riding and hiking easement dedicated to the Department of Parks and Recreation of the State of California.””

“I often access Mt. Diablo on my bicycle by using this short 25-ft long public easement pathway to safely get from one public road to the other on my way up and down the mountain. The only other alternate approach along a curvy narrow section of Diablo Road is inherently unsafe for cyclists, pedestrians and drivers alike. This access path does no harm and is an inherent benefit not only to the residents of Diablo, but for the community at large to provide safe and convenient public access to the lower reaches of Mt. Diablo State Park. I strongly request that this barrier be removed on that section to reopen access to the public easement.”

“Public easements are just that–public. They do not belong to the local homeowners.”

“This is absurd conduct.”

“This seems like a pretty clear-cut “prescriptive easement”https://www.leg.state.nv.us/App/NELIS/REL/79th2017/ExhibitDocument/OpenExhibitDocument?exhibitId=30004&fileDownloadName=0405AB380_ande_handout.pdfAnyone with a legal background?”

“Critical neighborhood access path”

“This action by 18 wealthy homeowners and U.S Bank effectively cuts off access to  Mt. Diablo from the south and forces cyclists to forgo enjoyment of a beautiful public park or endanger themselves and motorists by riding on an unsafe route. US Bank your mission statement says you value community and equality. Please reopen the public easement so that the public as well as wealthy homeowners can enjoy Mt. D from the south!”

“As a coach on the SRVMTB team and local resident who frequently accesses Mount Diablo, I have routinely relied upon this path to protect the safety of dozens of middle school and high school kids and when accessing Mount Diablo State Park, an important regional recreation area.  Closure of this path will impact safe access to healthy outdoor activities for these kids and put them in harms way.  Please re-open this trail.”

“This fence is putting lives in danger! Hikers,walkers, bike riders will be forced to be on Diablo road which is windy and fast with many blind turn.”

“US Bank, don’t endanger the lives of thousands of people! Remove the fence!!”

“In honor of my friend, Laura who loves to walk her pup.”

“Access matters!”

“Blocking the trail makes riding up Mount Diablo more dangerous for cyclists”

“Safety for emergency access and for a much safer cycling route up the mountain”

“I use this path regularly to access Mt. Diablo on my bicycle.  It is a safe way to ride up the mountain and without access we will be forced to ride on narrow roads with traffic putting us at more risk.”

 

“The fence is illegally blocking a PUBLIC easement.”

“I’ve used this path since 1983.  It’s very disappointing that it has been fenced off.”

“PUBLIC EASEMENT…”

“I have used that pathway for 50 years more or less.”

“You need to let people, dogs, and bicycles use the path that’s been in use for over 26 years. Don’t hold up nature’s ground, it is for everyone.Even the deer are confused… Do what’s right.”

“It provides safe passage to the park as opposed to an otherwise busy, unsafe roadway.”

“Safety and public access are important.”

“It’s is Beneficial for everyone!”

“It will save lives- i am a former resident of Diable and member of its Service District Board”

“I am a hiker and bike rider. I often walk or cycle through the community of Diablo in order to access the trails and roads of Mount Diablo State Park. The easement across the vacant lot has greatly improved safe travel in the community. The alternative route on Diablo Road from Danville has fast traffic and has no path for walking or cycling.”

“We use this trail for walking for years & years. I’ve lived in Danville 60 yrs. I have used this trail since the 70’s.”

“Public safety is the number one reason for opening the path. Until there is an alternative solution, this gate should be removed.”

 

“I am a hiker and cyclist and I have walked and ridden this path for 20 years. and so have my friends. Its been a convenient blessing”

“The Rich are thoughtless except when it comes to them selves”

 

“Removing the barricade will again make it safer for walkers and bicylcist to access Mount Diablo.”

“I ride up the trails and road of Diablo every week, this cut through is so convenient because I don’t have to ride on Diablo road and it gets me straight to South Gate. Save the dirt path.”

“It affects the safety of my children while they participate in their team sport of mountain biking.”

“My son and many of those on his mountain bike team, along with coaches and parent volunteers, community members use this  area to access the public trails of Mt. Diablo. Removing this access creates more danger for everyone. There is no reason what-so-ever to close off this access!”

“This cut through saves lives. It is essential to this community.”

“My son is on the SR Mountain bike team. It is his favorite thing in the world to ride on Mt Diablo and he takes this path regularly, even off season. This breaks my heart that anyone would close off this path. So many lives will be endangered because of this. Shame on whoever did this.”

“The long-standing public path allows cyclists and walkers a traffic-free alternative to the hazardous Diablo Road route, which has no shoulders.”

“I’m a coach on the Monte Vista Mountain Bike team. Note the ghost bike (husband and father RIP) on that dangerous and curvy road, unless they want to see more of those in the future, they’d better open that fence back up. They will be held liable for anything that happens to that extent, especially since there’s legal backing for that access to be available. If they like their fancy homes and don’t want people walking by, try a big lawsuit because someone has been hurt due to their selfishness. If they want total privacy, they can move to Blackhawk behind a gate.”

“I coach on the Berkeley High School MTB Team and support access to public trails (and public easements) for MTBs. Learn from healthy communities that benefit from public trail systems supporting youth and recreation.”

“It is so much safer for my children and I  to travel this way via bicycle into the park opposed to the other option. Please re-open this route!”

“Access to a public park should be for everyone!!!!   Stop the nonsense, remove the fence!”

“Public lands are public lands. Access to them should remain safe. A miniscule group of the ultra-wealthy should not get to override a public easement for any reason.”

“How can you close off the only path?”

“It’s just too dangerous to be on the nearby section of road. This “hole” has been such a great alternative for so many years.”

“Safe access for trail users is critical.”

“My family used this path daily to walk our dog and to get to the post office. Without proper sidewalk on Mount Diablo Scenic, this makes our neighborhood much more dangerous for everyone and will no doubt cause more pedestrian accidents in the future.”

“A safe passage to avoid heavy traffic on Diablo Road is needed.”

“Danville nimbys don’t own the mountain. It’s important that a safe path be available for anyone not comfortably taking the trafficked thoroughfare to Scenic.”

 
 

“i love walking through there”

“This is a safety issue – the path needs to be open or an alternate safe route developed.”

“I need safe bicycle access to Mt Diablo State Park.”

“I used to bike and this fence is petty b.s.”

“as a former resident of the greater SF Bay Area, I believe that reopening the path will restore safe access for pedestrians and cyclists.”

“There is absolutley no justifciation for this.  selffishness of a few should be stopped”

“I ride this path and the alternative is very unsafe. I can’t understand the opposition to this path and have never seen any cyclists riding in any way that is not respectful of the neighborhood and property.”

“Cyclists must be kept safe from cars”

“PLEASE reopen the path in Diablo to allow safe access for people going to Mount Diablo State Park.  The 8-10 foot wide graveled pathway between Alameda Diablo and Mount Diablo Scenic Blvd has been used by Diablo residents and the public for over 100 years to avoid walking or riding along narrow winding and unsafe roads.”

“US Bank, please don’t let a tragedy be the reason for removing the fence.  Your company has the opportunity to do the right thing now.  Riding on Diablo Road is terrifying to me and so many others.    Enforce noise controls, ticket groups who are blocking or disturbing residents, but please take the fence down to save lives of all ages.”

“Because I am against the few violating the rights of the majority.”

“I believe in access to public spaces. Allowing private developments to restrict the public’s access to public spaces is simply not right, and there should be easements enforced.”

“Regardless of safety or your opinions on property rights versus public access, there is a precedent for an easement at this location.”

“we need to keep our kids safe!”

“Bicyclists need a safe place to ride.”

“The trail is a significantly safer alternative for accessing Mt. Diablo. Until alternate roads are made safer, this trail must remain open for people to use.”

“I am tired of the wealthy blocking safe passage to the rest of us.”

“I would like to ride to the top of Diablo using this road.”

“To keep people safe from moving cars!

“it is safer for bikers and for cars and causes no harm to the neighborhood.”

“I am apart of the SRV MTB team.”

“I believe in the right to access to our public spaces.”

“It is very dangerous for people to bike on Diablo Road. I do understand the concerns of the local property owners, but feel that they should end a little and permit bikers/hikers to use this access path.”

“I love the path and use it to safely access Mt. Diablo State Park”

“US Bank is my bank for over 20 years. They’ve prided themselves on having a conscience…. I guess they’re like all the rest. Remove the fence!

“Safe Public access to the park is critical for mt diablo.”