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COM 0315.001 2018-2020
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COM 0315.001 2018-2020
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6/12/2019 12:57:16 PM
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Communications
Communications - Type
COM
Communications - Council Term
2018-2020
Communication
0315
Point
001
Author
Michael Yee, Planning Director
Communications - Referred To
PC
Document Relationships
AGE PC 2019/06/18 2018-2020
(Related)
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\Council Records\Agendas\2018-2020\Planning Committee (PC)
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CLARKSON: And, could you just briefly explain that to me? <br /> KAY: I can if I can use a different graphic, though. It might help better explain that, yeah. Give <br /> me one second. I thought that might come up. So, what we have here again is the two subject <br /> parcels, Parcel 26 and 27 outlined in blue. We've got Amau`ulu Road here; Wainaku Street <br /> here. Here is the Parcel 24, the parcel that Mr. Inouye was talking about. All of the—so, Mr. <br /> Inouye claims that there is legal access from Amatfulu to this property as well as from Wainaku <br /> to this property, and has asked us to kind of agree with that and condition that access be made <br /> available. All of the research that we've done has not been able to find legal access to that lot <br /> from either of those places. He references the tax map. There are roads on the map that are <br /> showing old plantation roads, but nothing that showed any kind of legal access. And, then two <br /> other things. We asked Mr. Inouye to provide us with evidence that there is access that this <br /> would be impinging upon. He wasn't able to do so. The second thing is we haven't been able to <br /> find that he has-any ownership interests in Parcel 24. He is a representative, legal representative, <br /> of one of the owners who owns a small portion. There's several owners who own interest in that <br /> parcel. There were several Quitclaim Deeds that we were able to find that showed people <br /> deeding over a portion of their property to Mr. Inouye; however, the people who were deeding <br /> over that, that property, we weren't able to determine Or it was shown that they didn't actually <br /> own an interest in that portion. <br /> So, there's a lot of back and forth, and a lot of back and forth in that between Mr. Inouye and the <br /> Olson Trust and their attorneys. Where we've landed after a lot of research was, again, we <br /> weren't able to find any legal access from Anau`ulu nor from Wainaku. And, again, we weren't <br /> able to find any evidence that Mr.Inouye owns any,has any ownership interest in the property. <br /> CLARKSON: Could you just bring up the aerial one more time, please? <br /> KAY: Sure:' <br /> CLARKSON: So, there's a road. It looks like there are two old plantation roads going south to <br /> north through these parcels, one of the very edge, and one right through the middle of the <br /> proposed urban area, and I'm just—so there's no way that Parcel 31 or Parcel 24, Parcel 31 <br /> being the one that surrounds 24,have any kind of prescriptive rights over those roads? <br /> KAY: None that we could find. They were no recorded access easements. <br /> CLARKSON: Well, those wouldn't be recorded. <br /> KAY: Oh, prescriptive rights. <br /> CLARKSON: I don't know, maybe I'll ask our Corp. Counsel. <br /> KAY: Pardon me. <br /> CLARKSON: Can you get access by prescriptive— <br /> 8 <br />
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