2006-05-26 TRoyal_Alii - Laserfiche WebLink

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TYLER:Thank you, Mr. Graham. I think its clear that the Applicant wants to resolve this in a positive way. Im not criticizing them for that. I think decisions are being made about somebody elses property, really all of our property, our trustee for whom is not here to comment, or his or her representative is not here. And a number of you have talked about having a metes and bounds description, because from what Ive heard theres a question as to where the Trail is, vis-®-vis the subject property, that is Parcel 58, and whether or not it is entirely on this parcel or only portions of it on the parcel. And I think this needs to be resolved prior to your approval of an SMA; and I agree with some of the Commissioners who have spoken about this. My experience, long time experience, here and living here in Kona, is that these things get forgotten about. If theyre not dealt with up front, they get forgotten about. And then pretty soon when the public wants to go back and utilize its rights to go on these places, they find theyre not there. And you should, as one of your primary issues here, seek to protect this; and you should do all you can because that is your oath that you took to support and defend this. Andifyoudontdoit,well,youknowwhathashappenedinthepast,youveseenit;andthere are . Well, Commissioner Graham, I think you should take care of this before you issue approval. ALAMEDA:Thank you. Mr. Graham, any follow-up? Any other questions for ? YUEN:Yeah, I have just a couple of real specific on-the-ground questions. Youve heard the description of the Judd Trail in this location as existing between a pair of parallel stonewalls that run for about 100 feet mauka of Ali i Drive and then disappear? Is that accurate? TYLER:I havent been on the Trail in the last year, last maybe five years actually. But I did go on the Trail; and the walls, my recollection is the double walls went quite a bit further than 100 feet from Ali i Drive where the gate is located; and then it went quite a ways. I remember Ms. Gregg telling me that the Trail had been destroyed and was not in existence; and I said that cant possibly be because it was in existence not too many years ago. Certainly in the 80s it was in existence and then the 90s, if I recall correctly. That was I think the last time I went on that Trail. I went with a huge group of people. There were scores of people. And there were sections of it, my recollection, Mr. Yuen, is that the section of the Trail that was bulldozed was the section where the dozer had come through on the Ali i, what has been called the Ali i Highway alignment. Thats my recollection. The rest of it on the subject property or in this vicinity was intact. They were beautiful, beautiful stones, walls. And when we went further, as we got closer to Kuakini Highway, the Trail was more difficult to find; but it was certainly intact in the makai portion off of Ali i Drive, that is mauka of Ali i Drive, for quite a distance. It was remarkable how beautiful it was. And if it has been destroyed, other than the Ali i Highway right-of-way, which was a fairly wide swath, then thats news as far as Im concerned. Im not aware of it and it would be, thats a crime. Im not saying these folks did that. Im just saying, you know, as a matter of speech, it would be just a crime. It was beautiful. ALAMEDA:Any other questions for the testifier? Commissioner Iwashita, no? IWASHITA:Given Mr. Tylers testimony, it makes me more adamant that the survey should be done before we proceed and that we really need to have some solid information to see 16EXHIBIT C