2006-02-24 TRoyal_ALII_SMA05007 - Laserfiche WebLink

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SMITH:The Judd Trail is on my property on one side. I have 2 pieces there and my neighbor mauka of me put up a fence and I have a fence. So theres actually theres a fence on both sides and theres a 10-foot area thats the Judd Trail that neither one of us. But I believe that its on my property. Okay the pins are pinned. The surveyor pinned the pin and then on their property and then theres a 10 foot its kind of hard to explain but cause theres 2 pieces of property and ones different from the other. So on the Royal Alii side its on one side and then as you go up my 6 acres on the back its on the other side but theres pins. The property from Alii Drive on the first 5 acres theres pins and also the 6 acres behind it theres pins. And it shows that right of way or whatever it is, easement, and its all, if anybody was to walk that property you wouldnt have any problem seeing the Judd Trail. GRAHAM:Commissioner Iwashita? IWASHITA:Has the trail been delineated by what appears to be rock walls on a portion of this map that Im looking at? SMITH:Its a- its a wire fence. IWASHITA:The fence doesnt show up on this map. Is the fence inside or outside the rock wall Im looking at? SMITH:Theres no rock wall except on Alii Drive theres a small rock wall and then the, and then from there theres a wire fence to keep the pigs out cause theres a nursery there. I have a nursery and my neighbor does and so and basically a pig fence so that it will keep the pigs out. But theres property pins put in the property right adjacent to the Judd trail. And, and the County had 3 or 4 people there at different times and we walked it and I showed them, I showed them where exactly it was cause they didnt know. It was people from the County over in Hilo. IWASHITA:You know I know this body cannot determine title kind of questions or (inaudible) locations and all of that. So, Im not sure what we can do I guess in terms of conditions as far as the Judd trail. And I guess it sounds like Mr. Smith is saying that it appears to him that a portion of the trail is within the property that is subject to this SMA application is that right? LAU:Commissioner Iwashita perhaps a condition that would satisfy everyones concern would state that the applicant will be required to have a licensed survey preparing meets and bounds, description of the Judd trail and to the extent that the Judd trail is within the subject property that there shall be public access over that portion. YUEN:Thatworksforme. IWASHITA:IguessIwouldwantthatbecausepresumablytheJuddtrailisownedby the State, that the survey be acceptable to the State also. YUEN:I think thats a good addition. EXHIBIT 19