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water system improvement, however, fire hydrants to each and every one of the lots would be
<br />available within that subdivision.
<br />Secondly, where would the waterline be in? The waterline would not be within the road.
<br />Theres a 20-foot wide pavement in that area. So the waterlines, like all waterline
<br />improvements, are within the right-of-way. Thats outside of the pavement area; and thats
<br />where the waterline is planned to be made. Prior to its installation, however, it becomes
<br />incumbent upon this developer or in conjunction with any other developer in that area, they
<br />would have to submit construction plans to the Water Department for their review and approval;
<br />and then theyve got to approve it. And unless they approve it, Mr. Yuen will not approve the
<br />subdivision.
<br />Relative to the roadway, and I think that, you know, there has been a lot of confusion as far as
<br />like whose obligation was it, so on and so forth. And, you know, quite honestly I dont have all
<br />ofthefactualhistorybehindit.ButjusttryingtopiecetogetherwhatinformationthatIhave
<br />based upon my knowledge of the Plant Mason subdivision, I mean, Plant Masons property and
<br />my discussions with Mr. Tallett and hearing todays discussion -. And I think the best way to do
<br />it is like if you can look at this map, you know, on this map over here, it will kind of like give
<br />you some idea as far as like, you know, where this RS-15 area is. And from what I understand,
<br />when the property was initially rezoned, it was rezoned, you know, back in 1996, it included this
<br />1.372 acre area; and that was how the roadway was going to be realigned. And then in 1997
<br />when the subdivision was approved, the subdivision created this existing line, I mean, you know,
<br />the way that you see right now. And whether the subdivider then, you know, which was C.
<br />Brewer or whatever the current name is, you know, had intended to realign that road to make it
<br />consistent with, you know, how you see that crescent shape area, you know, Im not really sure.
<br />But the fact of the matter remains today is that it cant really be implemented because, you know,
<br />all of these property owners in the realignment section has, you know, the properties are all
<br />owned, you know, are all sold already. I mean if C. Brewer then, you know, continues to own all
<br />of these properties then possibly it would be possible to, you know, have this road realigned.
<br />But, you know, thats kind of like water under the bridge.
<br />Who owns this roadway? The roadway right now is not owned by all of these property owners.
<br />They all have easement rights or access rights over it. Its owned by Mauna Kea Sugar Property.
<br />And if, you know, there was a question as far as like well who, you know, I think Commissioner
<br />Salavea asked the questioned like, well, whats the possible alternative. I mean like if I were in
<br />that kind of position, I would want to say that, well, there were a number of lots coming in this
<br />area, you have people who are using the property residentially, you have people using it
<br />agriculturally, you have some people that are using it for industrial uses, I mean, like, well,
<br />weve all got to get together. Weve all got to ask C. Brewer to have the land conveyed to the
<br />association and the association now it becomes incumbent upon you to maintain that road.
<br />Because, you know, C. Brewer owns that road right now.
<br />But say if theres like a major problem to that roadway, theres disrepair, I mean, you know, at
<br />some point in time its going to fall into disrepair, whose obligation is it to repair it? I dont think
<br />youre going to find C. Brewer or Mauna Kea Sugar to say Im going to fix the road. I think the
<br />best way to do it, youve got to convey the roadway, that sliver of land has got to be conveyed to
<br />the association, and you have some sort of a maintenance agreement and everybody pay your pro
<br />rata share.
<br />24EXHIBIT D
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