2006-05-26 TRoyal_Alii - Laserfiche WebLink

Home

ALAMEDA:Who are you asking? IWASHITA:I dont know. Whoever knows the answer? YUEN:We had a letter in the file from the State that, where the State claims ownership and fee of the Judd Trail by virtue of the Highways Act of 1892. What theyre saying is there are portions of the Judd Trail that are physically in existence on the ground and can be verified. There are maps that show the Judd Trail without enough detail to physically locate it on the ground. And what theyre saying is there are portions where it has been obliterated, where the physical description of it has been obliterated; and I believe there is no legal description of it. We would be able to say that somewhere on mauka properties in an approximate location there was a Judd Trail, but that you actually cant show it on the ground in certain locations. In this portion of the property, very close to Alii Drive, though, you can. IWASHITA:Well, you know, my concern is about the extent of this survey. Because in mymindwhattheyshouldsay,andIdontknowifitdoes,isthatthemetesandboundssurvey should include the portion of the Judd Trail from Alii Drive to the mauka boundary of this property, wherever it may be located, whether on this property or adjoining, you know. But it should follow, you know, the surveyor should be able to determine to the extent physically possible; and by agreement with the owners in the end if, you know, theres no real physical evidence to establish the location -. But there should be a clear understanding of the developer in this case that, in fact, at the end of this process, theres going to be a survey of metes and bounds, legal description of the Judd Trail from Alii Drive to the mauka boundary of this property. And if thats not the case then . MOORE:Presumably it extends off the property into the easement, you know, right at the point where you see the walls ending on that map . IWASHITA:Im not presuming to do the surveyors job. The surveyors job is to locate the, is to locate the Judd Trail. Because title to the Judd Trail is not disputed, right? The State owns the Judd Trail. Is that, on that point, is there an agreement? MOORE:Oh, yeah. LAU:Yes. IWASHITA:Okay. Nobody is disputing the title. This is a classic example of an unlocated, in this case, right-of-way, a trail, right, an old road, roadway. And so the only issue that needs to be addressed in this application to me is to make it real clear that what the surveyor is doing is not surveying a hundred feet of wall that he can find but to place on the ground, right, the extension of the Trail up to the mauka boundary of this property. I just want to make sure that thats the clear understanding of whats going to be done here. LAU:May I make a suggestion? IWASHITA:Id like an answer to that question first. 6EXHIBIT C