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REPORT OF THE <br />COMMITTEE ON PUBLIC WORKS AND <br />INTERGOVERNMENTAL RELATIONS <br />DATE: February 3, 2009 Re: Comm. No. 110/Res. 47-09 <br />PLACE: Council Chambers <br />Ben Franklin Bldg, 2"d Floor <br />333 Kilauea Ave. <br />Hilo, Hawaii 96720 <br />TIME: 10:30 a.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Your Committee on Public Works and Intergovernmental Relations, to which was referred <br />Communication No. 110, regarding Resolution 47-09, reports as follows: <br />Resolution 47-09 transmitted by Assistant Corporation Counsel Gerald Takase via <br />Communication No. 110, dated January 21, 2009 authorizes the abandonment and sale of the <br />Government Remnant being a Portion of Tax Map Key: (3)7-5-015: 015 situate at Wai`aha, District of <br />North Kona, County and State of Hawaii, to Sara J. Peck, Trustee (50 %) and James R. Petersen and <br />Rita Thrall Petersen (50 %). <br />There was no testimony from members of the public regarding the proposed resolution. <br />Committee Chair Brenda J. Ford relinquished her seat to Councilmember Dominic Yagong. Vice Chair <br />Kelly Greenwell was absent and excused for this meeting. <br />Assistant Corporation Counsel Gerald Takase, Finance Department Property Manager Harry Yada and <br />Attorney David Ka`apu, representing Ms. Peck and the Petersens, appeared before your Committee. Mr. <br />Takase commented that the County of Hawaii condemned parcel was subject to easements in favor of <br />the original kuleana owners for access and utilities, which also included limited uses by the Department <br />of Water Supply. Mr. Takase added that there is no objection to the sale by the Department of Water <br />Supply, and the easements are currently of no use to anyone but the current owners, Peck and the <br />Petersens. Furthermore, Mr. Ka`apu further clarified that the Department of Water Supply uses a <br />separate northern access, and these easements encumbering the parcel are in favor of Peck and the <br />Petersens. Mr. Yada's site visit confirmed the Department of Water Supply's current use of a separate <br />northern access to their water tanks. <br />Pursuant to section 2-111 and 2-118, the Council may direct the Director of Finance to dispose of real <br />property without recourse to public auction and shall first be offered for sale to the abutting landowner, <br />Peck and Petersens, subject to the following: 1) buyer to pay all cost of surveying, subdivision, and <br />PWIRC RPT NO. 12 <br />