2024-07-15 1250 Oceanside LLC Position Statement on Petition to Intervene PL-BOA-2024-000109 (105)

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through Hokuli`a using the Public Access Easement. The Connector Road branches off of the Makai Haleki`i Extension and terminates to the south as a"stub-out" at the boundary between Hokuli`a and Coupe's vacant and undeveloped property. Although the Ordinances state that the stub-out is "to provide future connections between [Hokuli`a] and the adjacent properties to the . . . south" (emphasis added), the Ordinances say nothing about providing "unfettered access"to Coupe's property,particularly where neither Coupe's property nor any other properties to the south have been developed with improvements to connect to the Connector Road. As far as Oceanside is aware, Coupe has never requested access to its property through the Connector Road or to connect a roadway on its property to the Connector Road, although Oceanside regularly grants the rancher leasing Coupe's property access to Hokuli`a lands to retrieve stray cattle and repair fencing. C. Coupe fought to block the construction of the Mamalahoa By-Pass. To provide some context on the present dispute and the parties involved, Oceanside's General Petition for Appeal of Decision of the Planning Director noted that Coupe previously fought for years to block the construction of the Mamalahoa By-Pass. Coupe took issue with that information being disclosed to the BOA,presumably because it is inconsistent with its current posture of purportedly being a defender of public infrastructure and access. According to Coupe's Petition, "Oceanside has already made misrepresentations by painting [Coupe] as the aggressor in an earlier lawsuit pertaining to [sic] condemnation action by the County." Petition at 7. Coupe's Petition claims that Coupe's "intent was not to block any important public infrastructure" and suggests that Coupe was only concerned with the amount of compensation it would receive for the land condemned for the By-Pass. Petition at 7-8. That is just not the case. The simple reality is that for nearly a decade Coupe challenged the very public purpose 4874-1139-8863.1.051730- 00058 6