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standpoint and from an ownership standpoint. But we could, you know, we could put a
<br />condition in that that said that they had to do that, subject to obtaining the consent of the State.
<br />ALAMEDA:Commissioner Graham?
<br />GRAHAM:No, thank you.
<br />ALAMEDA:Commissioner Iwashita?
<br />IWASHITA:Im really concerned about, you know, the extent of the Trail. And I
<br />guess, you know, in terms of the comment Commissioner Graham had on having the survey
<br />done ahead of time, I really agree with that because right now were guessing in terms of, you
<br />know, what should be done. If we had the survey done, you know, the surveyors job would
<br />have to include the title issues. And it seems to me that, you know, I know the State has an
<br />easementareathatrunsadjacentalongyoursouthernboundary.But,infact,onthegroundthe
<br />Trail is, you know, a portion of it is right now apparently on your property. So, as far as Im
<br />concerned, that portion of your land you dont own, thats the States land. Because if you dont
<br />dispute that the State owns the Judd Trail and the Judd Trail is physically on your property, then
<br />thats State land. So, you know, the completion of the survey to me is important to determine,
<br />either based on physical and other legal documentary evidence, where the Trail is. And if to the
<br />extent that kind of evidence is insufficient, then there has to be an agreement by the relevant
<br />owners, right, as to where its going to be placed on the ground so that the survey can be
<br />completed. And theres nothing to be a dispute about title, you know, to that actual on-the-
<br />ground placement of the Judd Trail.
<br />So, for those reasons, I really believe that its important to have the survey done ahead of time,
<br />because the survey is going to answer a lot of questions. And then we can get back to, as far as
<br />my druthers on the restoration it would be that, at a minimum, all the brush be cleared, you
<br />know, and that it be maintained in that state over the actual location of the Judd Trail. And then,
<br />you know, down the road I guess when the entire Trail is going to be restored then, you know, at
<br />least weve maintained that part, that portion of it, you know, in a condition that it can be
<br />maintained for the present time. But, again, I really think the survey really needs to be done in
<br />order for us to have adequate information to proceed.
<br />ALAMEDA:Response? Applicant?
<br />LAU:Mr. Chair, I believe that what the survey is going to tell us is where the
<br />Judd Trail is, because what the surveyor would do would prepare metes and bounds and show us
<br />to the best of surveyors knowledge where those walls are; and then theres going to be some, its
<br />going to be, yes, it will determine where those walls are. I agree to stabilization, I agree to
<br />clearing the brush within the area of the Judd Trail thats on our property. I also agree that the
<br />survey would extend to the mauka boundary of our property as it goes south.
<br />ALAMEDA:Okay. Thank you. Commissioner Watanabe?
<br />WATANABE: I got a question. You also included a Conservation area. That
<br />Conservation area abuts the Judd Trail?
<br />11EXHIBIT C
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