COM 0092.040 2004-2006 - Laserfiche WebLink

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T have noted the corresponding easement identification delineated on the SUB 7644 map in brackets. The only vehicular easement, from those listed above, shown in the table of SUB 7644 map as a vehicular access easement in favor of the County of Hawaii is the new 10-foot wide driveway from Railroad right-of--way down along Kapehu Stream to the public access parking area at the Beach Road cul-de-sac [P-17]. The rest of the vehicular access easements listed in the Settlement Agreement, part C.2 are shown in the table as road and utility easements "in favor of the Pepeekeo Point Gardens Association and/or the Pepeekeo Point Shoreline Association" with nne avrepti~n iuhj~h is not lahelPd at all_ the rnrPePnt rnarl glnng Waima4aiwn~~ Cirawm_ thPra is r2~ easement shown for access over l,ot 98. Therefore, Continental Pacific, LLC is in breach of Its contractual obligations committed in the Settlement Agreement, part C.2., which states in part: The vehicular easements, public parking areas and access road(s) thereto shall not be "County highways", and shall be designated on the final subdivision maps as easements for public vehicular travel and parking over private property. 2) By failing to comply with part C.2 of the Settlement Agreement, Continental Pacific, LLC is also failing to comply with HCC Chapter, Section 34-8, which states in relevant part: (c) The public access shall be clearly designated on the final map of the subdivision in accordance with the subdivision rules and regulations. 3) By failing to convey the public access easements Continental Pacific, LLC is delaying the official opening of the public accesses, which is prejudicial to the public. The Settlement Agreement, part C.5 states in relevant part: The various vehicular and pedestrian public access easements described herein shall not be officially open to the public until easement documents have been accepted by both parties and the easements conveyed to the County. 4) The words of Chris Yuen at the September 16, 2004 Planning Commission hearing , (pg. 22 middle of page), described the situation best: "So, at the moment, it is a matter of good grace by the landowner that the public access is physically open." 5) It is inherently prejudicial to the County and Its people for the County Council to approve any more development in the Pepeekeo Makai subdivision when the legitimacy of the underlying subdivision is in question.