2007-07-20 TRoyal - Laserfiche WebLink

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YUEN:Okay. Then there’s no historical documentation other than tax maps which show it to being on the southern property -? KENNEDY:That’s correct. YUEN:That would enable you to locate the wall? KENNEDY:That’s correct. YUEN:So the only documentation, all the documentation you have -. The Judd Trail was created before these lots, and the lots were actually created with the Judd Trail as a boundary, except that there’s a metes and bounds apparently that includes a physical portion of the Judd Trial. And that’s the only reason why we say the Judd Trail is on this property, is that the physical remnant of the Judd Trail is on this property. Now, the fact being that the physical remnants do not extend beyond and there’s no other evidence, you have no basis, Na Ala Hele and we have no basis for saying that the Judd Trail extends mauka on this property. IWASHITA:That’s not true. YUEN:Why do you say that? What would the basis be? IWASHITA:Mr. Tyler just testified in the ‘80s he went there and the wall was there. YUEN:He does not know on whose property the wall was. In other words, the wall was there but to say that the wall was on the metes and bounds of this property, no one can say that. IWASHITA:Well, I think you can say that the wall didn’t jog the way Wes Thomas Associates drew it on this map, that it extended in a more linear fashion. I mean, if we want to get into deciphering the testimony we can. But my point is that, what I would like, what I understand this body can do is we can establish a preservation area. We can ask that the developer agree to establishing a preservation area so that these kind of issues can be dealt with in the future. The Director’s point has been that this body and the County cannot, as a practical matter, require the wall to be presently restored because that’s really for Na Ala Hele to take care of in the future. I don’t dispute that. I think that’s a good point. My point is that that doesn’t prevent us from our obligation under our rules to take steps necessary to protect what is clearly established on the record a very important cultural, historical site. That’s all I’m asking us to do, is to recognize that we have an obligation to do what we can today to preserve the remnants of the Judd Trail, and that we have an obligation to do what we can today to allow Na Ala Hele or whatever other proper authority, the Board of Land and Natural Resources, to take steps so in the future, give them the opportunity to do the restoration in the future. If we don’t do anything today -- EXHIBIT A 26