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know at the last meeting I sort of brought that up and said well maybe I€m just sort of dreaming <br />and this is way too far gone. Is there any way for the County or the State to go forward from, if <br />we do this and the developer agrees to do this, we have the metes and bounds, is it practicable <br />that the County or State might actually go forward from here and make a usable Judd Trail at <br />some point in the not too distant future? <br />ALAMEDA:Mr. Director? <br />YUEN:I€m pretty sure that there is a, well, it can be done because there€s a legal <br />right-of-way. It would take a certain amount of work to do it because you can€t just, you know, <br />put a bunch of flagging out and say this is the Trail. Undoubtedly there are areas that would <br />have to be cleared, there may be improvements needed to the footing to make a decent trail. So <br />that€s just the work of it. At this point, what I think is really important is that we always make <br />sure in this kind of application that the right-of-way is not somehow lost, that you don€t, if you <br />takeaworstcasescenario,youapprove,weapprovethedevelopmentandhousesgetbuiltacross <br />it. I think what€s being suggested here on the stabilization is a very good idea. But beyond that, <br />really, you know, it is a State-owned trail. The State has a trail program. I can€t speak for them <br />as to where they€re at with trying to actually open up the Judd Trail as a way of walking from <br />Ali i Drive and going mauka. <br />ALAMEDA:Commissioner Iwashita? <br />IWASHITA:I just want a clarification on my point about having the survey done first. <br />And that is there might be an assumption being made that beyond these walls that the Judd Trail <br />physically was still within the easement area for the State; and I guess the wall, to me, is an <br />example of how that may not be true, you know, that the Trail is not this straight line, right, that <br />it meanders, and so, you know, whatever the physical aspects are on the ground. And so, that€s <br />why to me it€s important to go beyond what we see now being done as far as locating the walls, <br />you know, the Judd Trail where it meets Ali i Drive, and go mauka and have the surveyor, you <br />know, do all of the survey homework and properly locate the Trail physically on the ground. <br />And if it€s within the easement area, fine; if it€s, portions of it meander back onto this <br />Applicant€s property then that€s what it is. But, you know, that, to me, needs to be done; and in <br />my mind it€s better if it€s done before. But I guess if it€s not going to be that way, I want to <br />make it clear that as a condition precedent to the SMA being effective, that the survey be <br />completed, and this work be completed and accepted before any development, any other <br />development can go forward. <br />ALAMEDA:Okay. All right. Why don€t we, any other comments? <br />LAU:No other comments. <br />ALAMEDA:Okay, we do have a testifier. While we take testimony, perhaps we could <br />work on some, a condition or two to kind of discuss when we get into a discussion stage of the <br />game. So let me call up testifier Curtis Tyler. You may be seated. We€ll bring you guys back. <br />Mr. Tyler? Please have a seat. Let me swear you in. Please raise your right hand. Do you <br />swear or affirm to tell the truth now before the Hawai i County Planning Commission? <br />TYLER:I do. <br />13EXHIBIT C <br /> <br />