COM 0759.011 1996-1998 - Laserfiche WebLink

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C. The COUNTY shall impose no additional fair share assessments or any impact fee ordinance requirements relating to Regional highway Impacts on Persons whose lands have been donated to the County or sold for the Right-of-Way and who develop their lands in conformance with existing zoning. 13. CONSTRUCTION OF THE BYPASS HIGHWAY. The Bypass Highway shall consist of two (2) lanes with sufficient Right-of-Way for a total of four (4) lanes. The Bypass Highway shall be constructed to standards set forth by the Department of Public Works with such modifications as may be deemed necessary by the Department of Public Works; provided, however, that the expansion of the Bypass Highway from two (2) to four (4) lanes shall not be the responsibility of OCEANSIDE. a. OCEANSIDE shall obtain final approval from the County Department of Public Works for any and all necessary construction plans for the Bypass Highway. OCEANSIDE shall construct the Bypass Highway to the standards set forth in Exhibit "M" by the Department of Public Works for Alii Highway with such modifications as may be deemed necessary by the County Department of Public Works and by OCEANSIDE. As required by the chief engineer of the County Department of Public Works, OCEANSIDE shall provide a landscape buffer along highway sections where the highway is within five hundred (500) feet of dwellings existing as of January 1, 1998. b. Prior to the issuance of the first final Small-lot Subdivision approval for any portion of the Property, OCEANSIDE shall: (1) Post a bond in favor of the COUNTY to assure that the infrastructure improvements for the Bypass Highway and for the channelization and signalization of the Mamalahoa Highway-Haleki'i Street intersection will be constructed; (2) Determine the final Right-of-Way for the alignment of the entire Bypass Highway, including the intersection areas. OCEANSIDE shall provide the Director with a metes and bounds description of each Segment of the Right-of-Way involved and evidence of ownership or control as deemed necessary by the Director. In lieu of OCEANSIDE obtaining or acquiring ownership or control of any segment of the Bypass Highway, the requirement shall be deemed fulfilled upon the COUNTY's formal initiation of condemnation action(s) pursuant to Paragraph (11) for such Segments. The COUNTY shall issue a letter attached as Exhibit "N" that acknowledges OCEANSIDE's satisfaction of the requirement to obtain or acquire ownership or control of the Right-of-Way for the entire length of the Bypass Highway, including those portions that the County has initiated condemnation proceedings and/or has ownership or control over, which removes the requirement from OCEANSIDE. (3) Provide a bond for relevant phases of the extension of Haleki'i Street, through the subject property as generally reflected in Exhibit "O", which phasing of improvements shall be approved by the COUNTY Department of Public Works. 13