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protecting turf, that is we don’t want any competitors, more than it is a planning issue. How <br />would you respond to that? <br />MOORE: No, I think Shipman is trying to be a good steward of that, the Keaau area. <br />And the Shipman Business Park does provide ample lands for Limited Industrial uses. As far as <br />there being a selfish motive I could not speak to that. But I think that Shipman is actually <br />concerned about overall long-term planning and that this area is not appropriate for expansion of <br />Limited Industrial uses. <br />WATANABE: It doesn’t seem like -. Mr. Domingo, do you have a question to pose? <br />DOMINGO: Yeah, just one question here. I heard that in the conveyance of the <br />property to the present owners that you folks did not convey the legal easements to them. Is it <br />because you’re not actually the legal owners to the easements? <br />MOORE: No, I -. The chain of title went down to various owners to the applicant. <br />Shipman was the initial grantor but over the years it has been through several different owners. <br />And I agree with Mr. Sulla that the fact that the easement was not listed on the TCT in <br />subsequent conveyances is not legally a problem. I mean it can be remedied. But I did want to <br />point out to you the fact that those railroad rights-of-way are intersecting Milo Street. That is a <br />definite legal issue. <br />WATANABE: Okay. I have a follow-up to that because I guess you implied there are <br />maybe three sections of Milo Street where in your opinion technically Shipman never had the <br />ownership to that property to convey easement. <br />MOORE: They didn’t have the ownership at the time of the 1938 deed. They <br />subsequently, the road operated up till 1946 and then subsequently Shipman obtained title to <br />those rights-of-way. But there has never been any conveyance of an easement over those rights- <br />of-way. <br />WATANABE: So you’re testifying now that Shipman sold the land in 1938 with defected <br />easements and no access? That’s what you’re saying? <br />MOORE: No, there was -. <br />WATANABE: Somebody sold the land. <br />MOORE: Yes. <br />WATANABE: You testified that there are three portions of Railroad Avenue, I mean, <br />Milo Street -. <br />MOORE: Yes. <br />WATANABE: That you never had the rights to. <br />MOORE: Yes. <br /> EXHIBIT A <br />10 <br /> <br />