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N. ERICKSON:The entire lot, thats correct, yes. <br />IWASHITA:Is that yes? <br />N. ERICKSON:Yes. <br />IWASHITA:And then the representation in the application of the 3.5 acres, theres <br />actually no specific delineation of that anywhere, right? <br />N. ERICKSON:Its not, its difficult to see. Theres a dash line around the portions of our <br />improvement. And the existing Garden is surrounding the areas where were proposing to, if <br />youd like I could point it out or Norman could do that. We just took a line around of the <br />proposed improvements and calculated the area within the 26 acres. <br />IWASHITA:Soitsjustalinethatmeandersaroundtheproposedimprovements? <br />HAYASHI:Yes.AndIcanshowyouwhereitstartsandends.Thiswouldbethe3.5 <br />acre area that is covered under the special permit application; and that would be within this area <br />here. <br />IWASHITA:And that excludes that existing, what is that -? <br />HAYASHI:Botanical garden area. There are some areas that may be included; <br />however, these areas here are the existing garden. <br />IWASHITA:Okay. I had one other last question for the applicant. You have any <br />information about the title to Leopolino Road? <br />S. ERICKSON:We did try to purse that with the State DOT when the County indicated <br />that they werent clear on whos, the ownership was, and we pursued it with DOT with numerous <br />phone calls and letters. And I went down personally to their office here in Hilo and he brought <br />out some maps, which should be in your file, where he showed me that history had indicated that <br />it had been transferred to the County; but he was unable to produce to me an instrument of <br />conveyance where I could show the County, here it is, its your road. So he gave me a name on <br />Oahu of someone to contact to do research and see if they had an instrument of conveyance, <br />actually conveying that road to the County; and to date I havent received anything back. You <br />know, Ive continually checked with them to see if theyve completed their research but to date <br />they havent. <br />IWASHITA:I, maybe this is just overly concern of one old law student. But I would, <br />counsel, you know, well, maybe a bad thing about lawyers is you always have to think about the <br />worst things that can happen and uncertainty is really where all of that arises out of. And, you <br />know, the fact that title to Leopolino Road is not certain, I would not want to have us do <br />something that directly impacts the use of this road and somehow jeopardizes the County. <br />Probably, I cant think of a scenario in which it would right now, but I would like an assessment <br />from Mr. Ashidas office as to whether or not there should be any concern about the Commission <br />16EXHIBIT C <br /> <br />