2007-07-20 TRoyal - Laserfiche WebLink

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IWASHITA:Just a follow-up, this map by Wes Thomas shows the Judd Trail mauka of this property as a government road, County of Hawai`i, owner. That seems to be inaccurate to me. YUEN:I know the alignment was, that alignment was worked out in the subdivision of others in this Kaumalumalu Subdivision in the mid-1990s. I don’t know why they labeled it as a County of Hawai`i owner. Being a pedestrian path, it would be under the State. It’d be under the State as the owner. It would not be, in other words, a road in limbo is like a homestead road situation. IWASHITA:What you’re saying is it’s clear that the history of the Judd Road from 1859 was a Kingdom road and then, therefore, it would be today Trust, I guess considered part of the Trust assets of the State? Is that –? YUEN:Hawai`i Revised Statutes, Chapter 264, there’s a three-way division of roads. One is State highways that are under the State, jurisdiction of the State. The second are County highways which is everything else except. And I don’t remember the exact language but the gist of it is pedestrian-type trails. And, so, that’s why I say it would not be a County highway, it would be under that third category. IWASHITA:So the bottom line there is that, I guess, the title to the Judd Road is, it was originally built as a road, right? That seems like it has not really been determined it might be the County’s road. YUEN:I believe the State claims this and the County I’m sure accedesto the State ownership. IWASHITA:Thank you. WATANABE:Mr. Salavea? SALAVEA:Thank you, Mr. Chair. Mr. Lau, I appreciate your willingness to preserve the historical sites on this property; and I think you are 98 percent of the way there in terms of insuring that they’re taken care of and will be available for future generations for use and practice and, also, appreciation. What I want to ensure is the last two percent and making sure that what we are discussing and talking about here today actually gets carried out. And then the only assurances that I feel I can count on are conditions in the recommendation on your part. And if that’s applicable to the Planning Department’s processes regarding Mr. Tyler’s recommendations, would you be agreeable to both, the notes I have was record covenants, responsibility with the Bureau of Conveyances, and prior to groundbreaking or physical commencement of the project, preserving the boundary and maybe physically outline so that construction, machinery and personnel are very aware of the locations of these sites? And then -? YUEN:Can I -? EXHIBIT A 23