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2005-05-12 TWORLD
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2005-05-12 TWORLD
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264, then if the State has not included the road on its highway system, then by Statute it becomes <br />a County responsibility. <br />Another way of approaching this would be to approach, or would be to deal with this application <br />with the assumption that it may turn out to be a County road and build in some safeguards. <br />SPRINGER:Such as -? <br />TORIGOE:Well, thats what Im trying to think about right now, what would be a <br />safeguard would perhaps to require the applicant to research the matter and provide a legal <br />opinion of some kind from their counsel for the Corporation Counsels Office to review and <br />make recommendations to the Department of Public Works regarding the matter. <br />SPRINGER:Mr. Yuen, youve heard the discussion so far. Do you have any comments <br />onit? <br />YUEN:Iwouldproceedundertheassumptionthatthisis,LeopolinoRoadisa <br />County road. If its not, then a lot of people are trespassing over somebodys property. <br />NEELY:Could -. <br />SPRINGER:Just a moment, Mr. Neely. Commissioner Iwashita, youve heard the <br />discussion, Mr. Torigoe and Mr. Yuens comments. Are you still of the opinion that you might <br />request a continuance? <br />IWASHITA:Yeah. You know, I still have this concern. And if the Director is saying, <br />you know, if the rest of the Commission is comfortable in basically assuming, right, that this is a <br />government road and we proceed under that basis as the Director suggests, I guess you can take <br />that assumption. I, you know, I guess, again, as a conservative legal perspective you shouldnt, <br />you know, I dont think the County should take on exposure that it doesnt have to. <br />SPRINGER:Thank you. So we have, the applicants representatives would like to <br />make some comments. Please proceed, starting with Mr. Neel. <br />NEEL:Immediately to the right of the blue line on the right side is a 3-acre parcel <br />that has at the State Highway there a Helco power station. Youre familiar with that. That has a <br />parcel number of 55. That was part of the grant that connected with the rest of the garden. <br />When that road was put in there, that road cut off that grant and made a separate parcel. Would a <br />private road do that or only a government road? <br />SPRINGER:Mr. Yuen or Mr. Torigoe? <br />SIRACUSA:I -. <br />SPRINGER:Just a moment, Commissioner Siracusa. <br />19EXHIBIT C <br /> <br />
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