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WATANABE: Okay, okay. Then, shall we, Mr. Lim, you may be seated along with your
<br />client, and we’ll allow Mr. Fernandez to provide his testimony with regard to this SMA
<br />application. So the floor is all yours, Mr. Fernandez.
<br />FERNANDEZ: Thank you. As I mentioned previously, I’m the adjacent property owner
<br />to Mr. Ahmad Mohammadi, or E. Commerce Enterprises’ land. And mainly I’m just going to go
<br />over, you know, how we sort of got into this situation where, you know, the roadway cuts on his
<br />property that are very visible from my property.
<br />I sent a letter to the Planning Director on January 21, 2004, and it said the following: I’m the
<br />adjacent property owner of 5-4-8:36, directly to the east of Mr. Mohammadi’s property. I
<br />received a copy of the letter you sent to Mr. Mohammadi, dated December 22, 2003 – which was
<br />his violation letter, first one. I want to describe a little of the history that lead to the action by
<br />Mr. Mohammadi. Also I have a few comments and questions regarding the solutions that the
<br />Planning Director proposed. Mr. Mohammadi requested an easement across my property in
<br />January and February 2003, he provided a map and survey of the easement area, which I
<br />forwarded to my lawyer at that time, Steven Lim. In February and March 2003 Mr. Mohammadi
<br />hired Earthworks Contracting to grade a roadway and level the area in the rear of Waipiele
<br />Gulch. The grading of the roadway toward the back of the gulch caused debris to be pushed onto
<br />my property – all right? The day this happened I went searching for Mr. Mohammadi in the
<br />gulch. I spoke to Mr. Dwayne Carvalho, the bulldozer operator for Earthworks Contracting, who
<br />said he had permission from Mr. Mohammadi to grade this area and was told this was all
<br />Mohammadi’s property. Mr. Mohammadi then walked up behind when I was talking to Mr.
<br />Carvalho, and we inspected the debris on my property and he said he would uncover the property
<br />pin because it was buried by the debris, and clean up the fallen rocks on my property. Because
<br />the slope that he cut was very, very steep – if you notice, you can’t tell much from the pictures,
<br />but the way our property ownership lies is that Mr. Mohammadi owns Pahoa Beach, but then the
<br />property line cuts across the bottom of the gulch, so the very, very eastern sides of his property
<br />are very steep parts of the gulch – so if you cut anywhere in there, all those resulting debris will
<br />fall onto my property, which is in more, or the bottom of the gulch. So that’s the picture of what
<br />happened. Even after this occurred, he still expressed his desire to obtain this easement, okay?
<br />So on Wednesday, March 2003, Steven Lim wrote Mr. Mohammadi to cease and desist all
<br />activities that deposit debris on my property, and in the same letter an offer was made to sell Mr.
<br />Mohammadi this easement for $150,000 because I also knew that Mr. Mohammadi wanted to
<br />use this access easement area for his property, lots, that he was, you know, selling at that time; so
<br />I thought, you know, if he’s selling lots for a million or a million and a half, that the easement
<br />would be very valuable. So on Friday, March 19, 2003, Mr. Carvalho, the bulldozer operator,
<br />under Mr. Mohammadi’s direction, cut a 12-foot wide roadway cut towards Pahoa Beach. This
<br />new roadway was located on the eastern edge of Mr. Mohammadi’s property, but an enormous
<br />amount of debris from the roadway cut fell on my property, and giant boulders landed in the
<br />bottom of the gulch, again, on my property. So this was a second cut, right, that he made, right,
<br />after I’d spoken to him before, okay? When I confronted Mr. Mohammadi, he showed me the
<br />letter dated March 4, 2003, “Revised Final Plat Map Final Subdivision Approval No. 7640,”
<br />from the Planning Department that stated, “The subdivider shall clear and grade the pedestrian
<br />access easement to safe walkable condition within six (6) months of final subdivision approval
<br />from the southwestern corner of Lot 21 to the sea, and thereafter shall maintain the easement in
<br />EXHIBIT B
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