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HomeMy WebLinkAboutREP PWIRC 045 04/30/2002 2000-2002 REPORT OF THE COMMITTEE ON PUBLIC WORKS & INTERGOVERNMENTAL RELATIONS DATE: April 30, 2002 RE: Communication No. 595/Resolution No. 204-02 PLACE: Councilroom TIME: 9:07 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Communication No. 595, and attached Resolution No. 204-02, reports as follows: Communication No. 595 dated April 15, 2002, is from Corporation Counsel Lincoln Ashida transmitting for the Council's review and consideration Resolution No. 204-02, which authorizes the partial release of a drainage easement on property owned by Albert Galimba Revocable Living Trust and Mildred K. Galimba Revocable Living Trust identified as TMK: (3) 9-6-S:portion 46. Resolution 204-02 explains that the County of Hawaii is the "easement holder" of a drainage easement over TMK 9-6-5:46, Parcel 7, which is owned by Albert Galimba and Mildred Galimba Revocable Living Trusts. The release of this portion of drainage easement to the State of Hawaii is a requisite of the Pa'au'au Stream Bridge emergency replacement project. The replacement of the Pa'au'au Stream Bridge in Iliokoloa, Ka`u, will be conducted by the State of Hawaii's, Department of Transportation, Highways Division and is being funded under Federal Aid Project No. ER-12 (3). Upon completion of the project, the State of Hawaii will turn over the land it acquires from the Galimba Trusts, Parcel 7, to the County of Hawaii for drainage purposes. A warranty claim deed and the further delineation of the parcel, Exhibit "A", are also attached to the resolution. Communication No. 595 from Corporation Counsel Lincoln Ashida, transmits for the Council's consideration the above referenced resolution and a copy of the authorization for release of the drainage easement. In his letter, Mr. Ashida explains that the release is necessary because the State of Hawaii requires clear title as part of the bridge replacement project. Furthermore, according to Mr. Ashida, the State intends to convey Parcel 7, the site of the project, over to the County upon completion. At this meeting, representatives from the Public Works Department and the Office of the Corporation Counsel clarified the County's role in the flood project, parcel and map identification, the necessity of easement release, and the State's intention to convey the parcel back to the County. Similar to Resolution No. 203, also discussed at this meeting, it was explained that the bridge replacement is one part of a larger flood control project for the Ka`u area. Maintaining the flood project will fall to the County not to the State. Consequently, the parcel will need to be conveyed to the County upon completion. After much discussion, Members of the Committee amended the fourth "Whereas" clause of the resolution to read as follows: WHEREAS, upon completion of the said Bridge Replacement project, the State of Hawaii intends to turn over free of charge the land it acquires from the Galimba Trusts to the County of Hawaii for drainage purposes; and Your Committee on Public Works and Intergovernmental Relations is in accordance with the purpose and intent of Resolution No. 204, as amended to Draft 2, and recommends its adoption. ctd AYES NOES A&E EX Respectfully submitted ARAKAKI X COMMITTEE ON PUBLIC WORKS ~ CHUNG X INTERGOVERNMENTAL RELATIONS ELARIONOFF X ~ J ACO B SON X ~ ,.~'1~.-4.~ LEITHEAD-TODD X Leningr d Elariono f, CI-I IR PISICCHIO X SAFARIK X PW&IRC REPORT NO. _ 4S TYLER X ADOPTED: JUN 5 YAGONG X