BIL 178 Draft 04 2002-2004 - Laserfiche WebLink

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Y. To facilitate interconnectivity and to coordinate access to the Queen Kaahumanu Highway, applicant shall allow the properties to the south (TMK 7-3-09:003, 014, 016, and 018, hereinafter referred to as the "southerly properties"), and to the west (TMK 7-3-09:004, hereinafter referred to as the "Ooma makai property") to connect to its main access road, and shall allow connection to the NELHA property to the north. Unless disapproved by DOT, the southerly properties and the Ooma makai property shall be allowed to use the applicant's access intersection on the Queen Kaahumanu Highway as their main access point. Z. Applicant shall permit the owners of any of the southerly properties and the Ooma makai property to construct the necessary intersection improvements and access road improvements on applicant's property if they aze ready to develop before the applicant. The party constructing the intersection and access road improvements (including the applicant) shall be entitled to partial reimbursement from any other landowner using the intersection and access road as its primary access to the Queen Kaahumanu Highway. Reimbursement shall be paid prior to the other landowner's actual use of the intersection to serve urban development. Reimbursement by the owner of TMK 7-3-009:003 or 016, or by the applicant, shall be 50% of the basic cost of full channelization of the intersection, plus 50% of the shared portion of the access road. Reimbursement by TMK 7-3-009:004, 014, and 018, that aze currently in the state land use conservation district and do not currently have known development plans, shall be pro rata, based on their projected usage at the time they commence actual usage for urban development, provided that public shoreline access usage shall not be included in the calculation. The applicant shall be entitled to a credit for any reimbursement for the value of its property used for the access road, and shall be entitled to appropriate protection against liability by any party constructing improvements on its property. The right of reimbursement shall expire ten years after the completion of construction of the initial intersection. These provisions for reimbursement can be modified by private agreement between or among affected -9-