2003-10-17 TContinental - Laserfiche WebLink

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am sorry I missed your site visit because I really wanted to get a copy of that agreement, and that's the agreement between the Pepe`ekeo Association and Continental Pacific concerning fishing access rights. So I'd like to start with a discussion about easements. I discovered that there were no easement documents given over to the Planning Department for these public really shocked. Chapter 34, Section V, Paragraph C of the County Code concerning public access, states that -, oh, excuse me. Section 34-8, Paragraph A states that the subdivider shall file the executed documents for dedication of the public access free and clear of all encumbrances wit the director. Excuse me, I skipped the first part. Upon review of a subdivision application, when it is determined that a public access must be provided, the subdivider shall file the executed documents for dedication of the public access free and clear of all encumbrances with the Director. Prior to final subdivision approval, the dedication documents shall be reviewed and approved as to its form and content by the appropriate agencies. The Director may thereafter grant approval to the subdivision in accordance with the subdivision rules and regulations of the County. Somewhere else in here, it states that what they mean by public access is public access out to a public road or highway. So, therefore, it's not just to an association road, it's supposed to be an easement from a public road or highway, all the way down to the shoreline, continuous. So I'm sort of surprised because Phase I of the subdivision was approved and finalized at the beginning of this year, and those documents have still not been produced. I understand that they're still discussing intricacies of how to get around on the pali edge, but I still feel all the other access documents, easement documents should have been written approved. If there were some outstanding issues, I could see maybe those documents not being written up, but the major ones, like granting access down the major roads, granting access to the parking lots and the walking trails over to the pali edge, to me, it was not correct to finalize the subdivision without those in place. And the other thing is it's -, when you're creating an easement, first you're creating it by survey, so it is on the plan. But second, it needs to be described in metes and bounds and a legal description needs to be produced, and it needs to be granted to the County of Hawai`i. And that's a legal document that should have been filed at the Bureau of Conveyances so that, to me, is -, having it just by survey doesn't protect anybody and only leads to a lot of misunderstandings and arguments later. Okay. I was concerned about the Pepe`ekeo Association community agreement. It surprised me that it existed, and I didn't -, I could not find a copy of it. My concern was that I had been going to the Planning Department for months and with many other people, and been hearing from them how well everything was going, that the Pepe`ekeo Community Association was meeting on a regular basis, that they were taking care of the public's interests, and I trusted in that process to believe that they, of anyone, would negotiate a good agreement. 8