2006-05-26 TRoyal_Alii - Laserfiche WebLink

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to the metes and bounds. So with respect to the direct question, at this point, I believe that a condition would alleviate your concerns. IWASHITA:Well -. ALAMEDA:Commissioner, sure. IWASHITA:My real concern is that there is a conflict now in the evidence, right? Mr. Tyler says the walls were there just a few years ago and then theres also evidence that they dont exist anymore. Okay? It is a conflict to me that is sufficiently grave in terms of my proceeding further that I, whether its a survey or some, you know, some photographic evidence, or something, I need something to definitively tell me, you know, whether these walls exist or not and if they do where are they located. You know, because to the extent this trail may meander and not follow the easement, a substantial portion of it could still be within the boundaryline,yoursouthernboundarylinehere.Sothatsmyconcern.AndIreallyamnot comfortable with any condition. As far as having the survey done and so forth because of that, because there is this conflict -. And I dont know what the actual extent of the condition and existence of the trail, and the walls are right now. Theres no way for me to determine that. LAU:Well, part of the testimony that were forgetting is that as late as 1980 there was a report by Professor Hal -. MOORE:Hammett. LAU:Hammett that said that the walls did not exist. However, perhaps the survey will tell us that there are walls; and if there are walls were agreeing that we will stabilize those walls and we will also clear the brush. So I believe that if we came back and said yes, the walls exists, and were not goingin that area, and we stabilize the walls, I believe that what youre asking for will be satisfied. ALAMEDA:Any other questions for our applicant? Thank you. You may be seated. LAU:Thank you. Commissioner Graham? GRAHAM:Just coming from Mr. Tylers testimony and looking at where were coming from on this, the last hearing there were three of us who were concerned, it was Commissioner McCall, Commissioner Springer and myself. And Commissioner McCall is not here today, Commissioner Springer is finished and I, like Mr. Tyler, wasnt aware it was on the agenda so I goofed in my own reading. And now we have Mr. Tyler who is willing to testify more on the cultural statement, which I always could rely a lot on Commissioner Springers research. So I feel on the cultural side also would really be good for us to put this off for another hearing. ALAMEDA:Fellow Commissioners, theres a discussion about perhaps deferring this or continuing it until theres more evidence, more information. Is there a similar view, on the left side or the right side? Commissioner Watanabe. 21EXHIBIT C