HomeMy WebLinkAboutCOM 0594.001 2000-2002 J~tv ®a N~~
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Harry Kim i ~ Lincoln S.T. Ashida
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Gerald Takase
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!te'oF'~e'`p1 A.c.ci.ctunr Corporation Cuun.ce!
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OFFICE OF THE CORPORATION 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 Councihnembers
25 Aupuni Street
Hilo, Hawaii 96720 _
Re: Partial Release of Drainage Easement/Pa`au`au Stream Flood Control Project
Resolution No. 203-02. Mauna Kea A 'business TMK 9-6-12~ 12~por Parcel 6
Dear Chairman Arakaki and Council Members
Enclosed please find revised Resolution No. 203-02 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.
Also enclosed is a revised signature page reflecting the approval of the Director of Public
Works, signed by the Deputy Director indicated recommended approval.
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 require further assistance. Thank you.
Sincerely,
IVAN M. TORIGOE
Deputy Corporation Counsel
Comm. No.
IMT:fc
Enc. Tile No.
s:\dept\council\Itrtocouncil re tnauna kea easement reso\5-02\IMTfc.wpd Lief. Z'o~~
. Re:. Uate A 3 0 2002
LICENSEE:
By
Date RANDY CABRAL
By
Date CLAYTON AVENUE
BY
Date wAYNE r^U3IOKA
APPROVED AS TO FORM AND LEGALITY : RECOMMEND APPROVAL
Deputy Corporation Counsel D~rmTZS x. w. LEE, P.E., Director
County of ~iawaii Department of Public Works
County of Hawaii
APPROVED AS TO FORM:
(Based. on Search: 1./4/02)
A,
Deput At rney General.
State of ~iawai~.
6
LICENSEE:
By
Date RANDY CABRAL
By
Date CLAYTON AVENUE
BY
Date WAYNE FUJIOKA
APPROVED AS TO FORM AND LEGALITY : RECOMMEND APPROVAL
Deputy Corporation COUnsel ~j DENNIS K. W. LEE, P.E. , Director
County Of Hawaii Department of Public Works
County of Hawaii
APPROVED AS TO FORM:
(Based on Search: 1/24/02)
~t.
Deput Att rney General
State of Hawaii '
6