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YUEN:No the Judd Trail alignment is still there and is still useable in the area. <br />The reason for not focusing on it. I thought we had determined that it was not on the property? <br />HAYASHI:We did receive a letter from Stephen Menezes who is the applicant€s <br />representative. And that is, no it€s a memo from Stephen Menezes. It€s a memo date February 9, <br />2006 and basically enclosing the, a letter from Joseph Kennedy of Archaeological Consultants of <br />the Pacific dated February 2, 2006. And if you look at the last sentence, I believe all of you have <br />a copy of that, it does state here that the and I€ll read it, Subsequent field checks with State <br />DLNR personnel has determined that a portion of the trail is just within the southern boundary <br />and is within the area approved for preservation with site 8027 and 2828 and is therefore <br />protected by it‚. And look sincerely. But there are no maps, map attached to that. So I really <br />don€t know the status of whether the Judd Trail is, a portion of Judd Trail is in fact in the <br />property or its not in the property. I did do a physical check of the property and it indicated that <br />if this were the southern end of the property there is a pin at this location. Then there seems to <br />be a area that is lower than the elevation of the subject property. And it seems like it€s perhaps <br />where the Judd Trail is but I€m not the expert so. You know until survey is done you know I <br />think that was one of the responsibilities of DLNR to identify where the Judd Trail is, the exact <br />location. <br />YUEN:Given that we, we should probably put in a condition that says something <br />like public access consistent with requirements of the Department of Land and Natural <br />Resources shall be allowed over the portion over any portion of Judd Trail lying within the <br />subject property. <br />GRAHAM:Commissioner Iwashita? <br />IWASHITA:I guess I have a thought that maybe the owner can clarify this because if <br />the legal description of the property along, that adjoins Judd Trail basically says that the calls are <br />along the trail then it would seem clear that the trail wherever its located right? And I don€t <br />know if there€s a modern survey or not. But if the call is along the trail then there seems to me <br />there would have been a modern done. I don€t know maybe Mr. Smith-? <br />GRAHAM:Mr. Smith if you and Mr. Lau would like to come forward and respond to <br />the question that€s fine. <br />SMITH:Yes there is pins showing property line and where the Judd Trail is. On <br />my property from Alii Drive all the way through my property it has property pins and it has <br />where the Judd Trail is. <br />GRAHAM:Thankyouisthatallyouneeded? <br />IWASHITA:No.Soit€syourunderstandingMr.Smiththatthepinswhereverthey€re <br />located show the boundary. On one side of the pin is your property on the other side of the pin is <br />theJuddTrailisthatyourunderstanding? <br />EXHIBIT <br />18 <br /> <br />