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<br /> <br /> <br /> <br /> <br /> <br /> 4. The SMA requires connectivity to the parcel to the north. The ultimate <br /> route of the path as it continues north is not known. There are <br /> significant barriers for permitting and design to simply assume that it <br /> will be extended across the makai side of the fishpond. The route may <br /> eventually traverse the mauka side closer to the current residence. The <br /> easement should address either eventuality. The easement should be <br /> adjusted to extend the northerly end mauka so that it will actually <br /> connect to the parcel to the north. <br /> <br /> 5. The SMA permit stipulates that the lateral access must provide <br /> connectivity to the parcel to the south, as well. The plan view on the plat <br /> may indicate that the path is contiguous, however the field conditions <br /> and the difference in elevation indicate that this has not been achieved <br /> when ADA requirements are considered. The easement should be <br /> adjusted to extend the southerly end mauka and widen it sufficiently to <br /> accommodate ADA requirements and provide the required connectivity <br /> to the south. <br /> <br /> <br /> 6. The ADA mandate to provide reasonable accommodation including <br /> ramps and a suitable surface will require several improvements for the <br /> pedestrian access to be fully utilized. While the document identifies the <br /> maintenance obligations of the Declarant, it is silent on the issue of <br /> construction. Construction responsibilities and completion schedule <br /> must be identified. This is necessary to insure that the access can be <br /> fully utilized and will satisfy ADA requirements. <br /> <br /> <br /> Option: It should be noted that instead of providing a complex legal description <br /> with various radii and widths (some of which have not yet been determined), <br /> some communities simply require an easement that is wider then the proposed <br /> path. For example a 20-feet wide easement would accommodate a 10-feet wide <br /> path (with the exception of a switchback ramp, if required). This also provides <br /> room for desired ancillary fixtures such as trash receptacles, drinking fountains, <br /> rest areas, seating, lighting, shade, etc. without encroaching upon the 10-feet <br /> wide clear path. <br /> <br /> Thank you for you consideration. <br /> <br /> <br /> <br /> Robert Ward <br />