HomeMy WebLinkAboutCOM 0595.001 2000-2002 oJNtY ®i M,~'
~
i.i
i-Iarry Kim i l~'' Lincoln S.T. Ashida
MuVnr I~; 7• Currorunnn Cnun.cel
i _ _
~ l:;=..e m,.~•~. Gerald Takase
.•?qrE•®F'M ~i A.c.a.ctunf Cnrpnrarinn Cnurue!
C~~~txt~~r .~rfi~x~ttt
OFFICE OF TIIE COItPOI~AT'ION COUNSEL
101 Aupuni Street. Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622
May 7, 2002
Honorable James Arakaki, Council Chairman
and Councilmembers
25 Aupuni Street
Hilo, Hawaii 96720
•
Re: Partial Release of Drainage Easement/Pa`au`au Stream Flood Control Project
Resolution No. 204-02, Albert Galimba and Mildred K. Galimba w
Revocable Living Trusts, TMK 9-6-5:46 (por. Parcel 7
Dear Chairman Arakaki and Council Members
Enclosed please find a revised Resolution No. 204-02 relating to the referenced release of
part of a drainage easement to enable the State to complete its bridge improvements. We have
revised the fourth recital clause to reflect that State of Hawai`i's expressed intent to return the
property to the County free of charge after the work is done.
Please note that since this release of easement is to the State, no reservations in favor of
the state are required. Also please note that as this is merely a surrender of an easement, the
reverter mentioned in Hawaii County Code Section 2-111 for the grant of an easement is not
applicable. The reverter would apply if the County owned the fee property and were granting an
easement; in such case, the County would want the easement to extinguish if it were unused. In
this case, the County only owns an easement over someone else's fee, and is releasing it in order
to clear the title so that the State can do its work, which will ultimately benefit the County.
Please contact the undersigned if you need further assistance.
Sincerely,
I AN M. TORIGOE
Deputy Corporation Counsel
Corrlm. No..~
IMT:fc
File No.
Enc.
s:\dept\councillltr to council re galimba reso\5-02\IMTfc.wpd Ref. To:
. Ref. Date ~