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of the driveway from the end of the 3 percent grade to the existing driveway loop will be <br /> approximately 25 percent. The new driveway will straddle the property line between <br /> TMKS: (3) 8-1-009:004 and 8-1-009:005 as requested, and will be supported by a retaining wall <br /> as deemed necessary. In addition, a"T"driveway intersection will be constructed to provide <br /> future driveway extension into TMK: (3) 8-1-009:005. This"T" intersection will be located near <br /> the existing driveway loop and along the south side of the proposed driveway. The"T" <br /> intersection and driveway extension will terminate at the north property line of TMK: (3) 8-1- <br /> 009:005 and will be 10 feet wide. Furthermore, the existing driveway loop will be studied during <br /> design to divert storm water, flowing down the proposed re-aligned driveway, away from the <br /> existing garage and residence. If needed, a portion of the existing driveway loop will be <br /> reconstructed to provide positive drainage away from the garage and residence. The County will <br /> also prepare a boundary description and exhibit for a 50 feet wide access easement to be centered <br /> over that portion of the new driveway that straddles TMKS: (3) 8-1-009:004 and 8-1-009:005. <br /> The easement description and exhibit will be provided to the Smith Trust. It will be the <br /> responsibility of the Smith Trust to record the access easement, prior to any future sale of <br /> TMK: (3) 8-1-009:005 so that the common driveway can be used to access both parcels. <br /> 5.2 Existing Driveway and Fill: Subsequent and subject to the filing of the <br /> appropriate and necessary documentation executed by all necessary parties to extinguish the <br /> existing access/utility easement across the Smith Trust's Land, the County shall remove the <br /> existing concrete driveway and dirt access road that serves the adjoining properties(i.e. TMKS: <br /> (3) 8-1-009:003, 033, 034, 035, 036, 037, 038 and 039 ("Dominant Parcels"))which is located <br /> within the northeast corner of TMK: (3) 8-1-009:004. The removal will include all pavement <br /> and dirt fill material. The County will prepare a recordable document and submit the document <br /> to the owners of the Dominant Parcels agreeing to the termination of the access/utility easement <br /> which lies over a portion of TMK: (3) 8-1-009:004. When signed,this document can be used in <br /> support of extinguishing the existing access/utility easement. The County will request the owners <br /> of the Dominant Parcels (i)to sign a document prepared by the County, (ii)to revise the existing <br /> Subdivision Map that shows the existing access/utility easement to be extinguished. However, <br /> the County cannot guarantee that the owners of the Dominant Parcels will honor the request. <br /> 5.3 Retaining Wall: The County shall construct a new retaining wall along the <br /> makai side of Napo`opo`o Road abutting TMKS: (3) 8-1-009:004 and 8-1-009:005 as shown on <br /> Exhibits "F"and"G." The new retaining wall will be located within the public right-of-way. <br /> The retaining wall will also be required and constructed along the north and south sides of the <br /> new concrete driveway (as described in Section 5.2). The new wall will be a maximum height of <br /> approximately 16 feet and will decrease in height to approximately 2 feet near the ends of the <br /> wall at four separate locations. <br /> 5.4. Maintenance and Catastrophic Repair Access along Retaining Wall: The <br /> Smith Trust shall allow a 5 feet maintenance access along the retaining wall. The Smith Trust <br /> shall also allow a 12 feet access along the retaining wall for catastrophic repair work. <br /> 5.5. Fencing and Gate: Stock-proof fence will be installed in accordance with <br /> Exhibit"H." However, the fence type will be hog wire with a single strand of barb wire on top <br /> as requested by the Smith Trust. The fence will be installed along the proposed right-of-way line <br /> 4 <br />