2019-05-02 Hearing Transcript - Edmund C. Olson Trust SLU 17-049 REZ 17-223

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