2020-09-21 Leeward Exh A (SPP 20-000218)

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VAN PERNIS: - - - JACKSON: - -JACKSON: so the Ranch Road VAN PERNIS: - - - I'm sorry. JACKSON: Go ahead. VAN PERNIS: So in all the other condominium owners and - - - another four, correct? JACKSON: I'm sorry, could you repeat the question? VAN PERNIS: In addition to the four condominium owners involved in this application, the road implied by the easement for all of the condominium owners up there. JACKSON: The Waiono Ranch Road is a road lot, private road lot, and the owners of the subdivision, including the four CPR unit owners, have an easement over Waiono Ranch Road. VAN PERNIS: And all - - -the other condominium owners have the easement in addition to the four, correct? JACKSON: I guess I'm not understanding your question, Commissioner Van Pernis VAN PERNIS: - - - CPR provides. Now, what is the lia-well, don't, is the granting of a, this application as to this property, since this property is only a portion of the entire property, is this approval, if this is approved, do not all the condominium owners up there, which are per the single Tax Map Key number, don't all of them have the same right? JACKSON: The, should the Special Permit be approved, the obligations of the permit conditions would fall upon the owner of the 2.25-acre permit area, which in this case is the Hickeys, the applicant. VAN PERNIS: Is that a legal question you referred to counsel on on whether or not approval of this permit would run to the entire Tax Map Key number? CARR SMITH: Mark, I believe she already, she stated that, that they did check with corp. counsel, and that it was determined that it's only the applicant's portion of the CPR that is liable under the potential Special Permit. Correct, Maija? VAN PERNIS: - - -the question was JACKSON: Yes VAN PERNIS: not presented to counsel; different question was. 8 EXHIBIT A