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<br /> 02/05/2008 10:91 8086854114 WEBFATENT F41(c <br /> <br /> <br /> <br /> <br /> <br /> The County's ownership in fee of the 8,5 acres would be of great benefit to both the County ank. <br /> Parker Ranch Land Trust. According to Clem Lam, Chair of the WT&G Committee of <br /> volunteers, the Parker Land Trust easement for the Waimea Trails & Grecoways project <br /> prohibits its use by equestrians. Ironically, Parker Ranch, one of the state's greatest pauiolo <br /> institutions, is preventing Paniolo's on horses from using the portion of the trail within the <br /> easement. if the County owned the land outright, it could make that decision. Waimea's Paniolo <br /> tradition contributes to our sense of place. Constructing trails so that their use can be shared by <br /> pedestrians, bike riders and equestrians makes sepse for a Paniolo town like Waimea. <br /> The Hawaii Recreational Use Statute (HRS Chapter 520) normally protects private land ow ne: <br /> from liability when the landowners allow recreational use of their lands without charge. By <br /> charging County taxpayers $563,259.65 for the right to use the 8S acre easement, Parker Raru1, <br /> Land Trust appears to be venturing into a gray area of the statute. Parker Ranch Land Trust is <br /> definitely controlling the use of the land. If the County owned the land outright, Parker Ranch <br /> Land Trust would appear to be otit of the picture liability wise, As an indirect beneficiary of <br /> Parker Ranch Foundation (having had two surgeries, one life-sating, petformcd at North Hawa i <br /> Community Hospital), I want Parker Ranch Land. Trust not to ta.,;e on unnecessary risks. <br /> Also, the easement extends to the centerline of Waikoloa Stream. I understand that the County <br /> Code places the responsibility for keeping streams clear of debris, on the land owner. Does <br /> Parker Ranch Land Trust really want to continue to have that responsibility? Maybe the <br /> easement document takes care of that issue. I hope so, for Parker Ranch's sake. <br /> Much of the easement is within the 100-year flood plain of Wa,.Qloa Stream and is unttsaLle J r <br /> other purposes. If the County is going to pay $560,000 for an easement to 8.5 acres of hard a <br /> private owner could not build or grow anything on. one would think that the land would come <br /> without any "strings.' For comparison, the County Impact Fee Study at p. 54 presents 2006 <br /> costs per acre for land that could actually be used for residential construction. The average <br /> residential land asking price for parcels in the size range from 5 ':o 9.99 acres was $83,461 per <br /> acre during the real estate bubble. <br /> If the County gives credit for an easement in this situation, and never requests that the laid be <br /> dedicated to the County, will it follow this approach for the rest of the park land Parker Rancl <br /> Land Trust has agreed to dedicate to the County (the 21.5 acres that will be use for Waimea <br /> District Park)? What strings will it allow Parker Land Trust to attach to that land? Will old <br /> people like me be allowed to use.the park or did that idea go out with the horse and buggy? <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 2 <br />