2004-09-16 TCONTINENTAL - Laserfiche WebLink

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The parcels being considered in the applications referenced above were created by a consolidation and resubdivision of pre-existing parcels pursuant to the Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC lands dated April 12, 2002 by and between Continental Pacific, LLC and the County of Hawaii. Im going to call this the settlement agreement. Subdivision 7644, was approved for recording on January 27, 2003. Continental Pacific, LLC and Hawaii County Planning Department (Parties) failed to implement certain legal requirements of HCC Chapter 13 (sic) and certain terms of the April 2, 2002 Settlement Agreement, at the time of final approval of Subdivision 7644, which are detailed below. Continental Pacific, LLC and Hawaii County Planning Department have failed to officially open public shoreline access trails located in Continental Pacific, LLC Subdivision 7644. In doingsothesetwopartieshavefrustratedandcreatedhardshipformembersofthepublicwho are impatient to access their traditional fishing grounds and shoreline recreation spots. Due to these frustrations and hardships members of the public have been discouraged, beaten down, and manipulated into private agreements which require support (sic) on the matter before the Planning Commission. This is an error or defect of this proceeding which has created a manifest injustice affecting the substantial rights of the members of the public. In the interest of fairness to the public I am asking that the Planning Commission suspend the current application hearings involving parcels created by Subdivision 7644 until which time the affected public access easements are open to the public according to the terms of the HCC, Chapter 34 and the Negotiated Agreement between Continental Pacific, LLC and the, settlement agreement. Ive summarized unresolved issues as follows: 1) Continental Pacific, LLC created some public easements by survey on its Subdivision #7644 Plan providing for parking, lateral trails to pali edge, and an undesignated ten foot wide trail along the pali edge but failed to provide a continuous connection to a public road, which would be either the (Scenic Drive or Belt Highway, not Mill Rd.), thats a private road, as required by HC Code 34, and maybe the Subdivision Code, Im not sure. I dont have time to look it all up. 2) Subdivision map 7644, which is an official recorded plan, subdivision plan, file plan and this is what the title companies depend on, should beamended to correct mistakes in identifying access roads as parcel 93 [not 83 as in the table] and all access roads should include reference of being in favor of all preexisting parcels on the recorded subdivision plan since this is the official record the title companies use to determine title and legal access issues. 3) TMK, the lighthouse property, Parcel 13, has been landlocked. In addition to the changes on the recorded subdivision map conveyance documents for the easements required to provide accesstoapublicroadfromthispropertymaybedesirable.Parcel13isownedbytheUnited 20