2008-04-18 TPD-WATKINS - Laserfiche WebLink

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BOWMAN: Okay. So all the improvements that have been done, which is adjacent to the Kohala Club Hotel, are within that easement, just -? WATANABE: I believe it’s only now been determined that it’s within the easement; it was being contested as to whether it was at the easement. That’s my understanding. YUEN: I can’t say that whether work was ever done outside of the easement; and that’s -, there is a letter from Mr. Wilson, the owner of the Hotel property, where he talks about, he believes that there was work done outside of the easement. However – correct me, if I’m wrong, Jeff – I believe he is satisfied that the current location of the road is within the easement. DARROW: That’s correct. I spoke with him this last week, and he confirmed that at this time the improvements are within this – excuse me – within the 100-foot access easement off of the Highway. Apparently, one of the situations is that – this is Mr. Wilson’s property where the Kohala Club Hotel is – bulldozers that were coming in here apparently were going on his property and creating all kinds of havoc. Additionally, there’re some issues with the cuts that were made by these bulldozers, creating instability along his property. BOWMAN: And, question, this is a legal easement; so anyone could use it? No? YUEN: Well, anyone with the right to the easement can use it. I mean, I can’t, for example. BOWMAN: Okay. So if kids are – I mean, I’m concerned because I’m a resident of North Kohala and just with kids – so if kids go down there and they’re, like they do, off-roading, are they trespassing? YUEN: Yes. Unless they have permission from the holders of the easement, they’re trespassing. Now, there is a public access to the ocean. This Maluhia Road, under the conditions of this Permit, is a public access to the ocean. So people will be able -, and I believe there are 2 parking spaces involved here. So now, you can’t just go ride back and forth on the public access; that’s -, we actually have a rule on use of public access. And then to the question of a 4-wheeler, no; you have to have a registered, licensed vehicle. But once this is open, somebody can, a resident of Kohala can take this and use it as a public access to the shoreline. BOWMAN: “Once this is open” meaning the retreat center? YUEN: Yes. Once it’s in operation -. BOWMAN: Okay, so when they have their occupancy, this will be a public access just to those -? YUEN: Two parking spaces, yes. BOWMAN: But until then, this is a private easement for the Honopueo Homeowners’ and -, well, which includes the Watkins and everyone there, right? EXHIBIT B 19