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LIM:Part of the reason why, well, there‰s two reasons why theformal public <br />access grant of easement has not been recorded. One is we had to wait for this proceeding to see <br />what would happen with the permitting and the conditions that come along with the permit. <br />Second is that we have to finish our site visit with the Director for areas where the streams come <br />down. You are going to kind of have to come back into the stream and then go back down. We <br />do that, mark that off, have the surveyor then get the metes and bounds description, and then we <br />would file our, I think it‰s called, I have the document already done. We‰re just waiting for the <br />mapping. It‰s called a declaration of, either a declaration of public access easement or grant of <br />public access easement, which it essentially lays out the terms of the settlement agreement, and <br />describe exactly where it is. <br />So for the mauka/makai accesses that Commissioner Siracusa was talking about, these pink ones <br />are where the five mauka/makai, is that I‰m pointing to. And, you know, the Kapehu Stream, one <br />isatthefarWaimeaside;thebanyantreeonetheytalkedabout,whichisthenextonedown <br />here; the middle one is the one at the Pepeekeo point; and then you‰ve got two within the south <br />lots SMA. <br />SIRACUSA:And what are those black dots on your aerial map? <br />LIM:The black dots. I don‰t have the map. I think I gave my map away. The <br />black dots? <br />SIRACUSA:They run €. <br />LIM:Oh, I see. <br />SIRACUSA:Above -. <br />LIM:I think that the black dots are attempting to show you where the SMA line <br />is. <br />SIRACUSA:Ah, okay. <br />LIM: Okay. <br />ROHR: Could ask you, Mr. Lim, would you be opposed to the Director opening up <br />the access as is and let you folks continue with your legal work at your convenience and not at <br />the public‰s inconvenience? <br />LIM: Well, that‰s the second part that I was going to, I had two points. The <br />second point was that, and the reason why you want to have a granted public access easement <br />and the Planning Director to adopt rules on use of the area, is that there is liability concerns by us <br />as owners of the property and the other owners of lots in the area, and so that‰s what that grant <br />would also cover. Because while we do have some protection from the Hawai`i Recreational <br />Use Statute for letting people across the land for public access and recreational purposes, there is <br />a continued concern with regard to what they do down there; and that‰s what the rules and <br />regulations would be about. So that‰s what this document would encompass. And so it is going <br />7 <br /> <br />