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HomeMy WebLinkAboutCOM 0225.000 2002-2004 JN?'~'~F ~'~~y 00 ~ • ~ 94 j ~~~il?.. Harry Kim : Bruce C. McClure M~ryor ~ Dire~4nr 1Yf Of ~NY'~ Ronald K. Takahashi Depup' Director (~nixll#~r of ~~futttt DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauuhi Street, Suite? • Hilo. Huwai'i 96720-422A (HON) 961-8121 • (:ax (808) 961-Nfi30 April 23, 2003 HONORABLE JAMES Y ARAKAKI COUNCIL CHAIR _ AND MEMBERS OF THE COUNTY COUNCIL HAWAII COUNTY COUNCIL COUNTY OF HAWAII - HILO HI 96720 SUBJECT: RESOLUTION ADOPTING WOOD VALLEY ROAD Purpose We are proposing this resolution for the following reasons: 1. FEMA will pay 75°Io of the cost to repair the November 2000 flood damage (approximately $1,000,000) only if the County passes a resolution to maintain the road in perpetuity. 2. Wood Valley Road is the only road in and out of Wood Valley, a community of about 50 homes, and the only connection to County-owned roads within Wood Valley. 3. No one is currently maintaining Wood Valley Road. The only repairs to the road stem from emergency situations when the County Civil Defense deems it imperative for County forces to make the road passable. 4. A section of the road is a govermnent road Enclosures There are six items enclosed with this letter. I. Resolution adopting Wood Valley Road. ~'he history, flood damage, description, cost, ownership of the road, timing issue and mechanism for obtaining the road are discussed further on in this letter. 2. Metes and Bounds Desa~iption. This is actually the description of a nominally fifty-toot wide right-of-way around the existing road. A description of the road is not being provided. 3. A plat map showing the right-of-way described in Item 2. 4. A letter ofi intent to donate the right-of-way shown in Items 2 & 3 from Mauna Kea Agribusiness Co. to the County of Hawaii. 5. A letter of [o donate right-of-way showin in Items 2 & 3 from Ka`u Agribusiness, Co. to the County of Hawai `i. 6. An Adoption Location Map showing the vicinity of Wood Valley Road. Comm. No. FZ2S (c (v -C?.3 Ref. To: Ref. Uale (:~CT7:: Iteri j`3 (Plat trap) is on file ir. the Clerk's Office.) Ltr. to Honorable James Y. Arakaki Page 2 April 23, 2003 History At least a portion of the road was built before 1892. The mauka portion from Kapapala School lot running south for approximately LS miles appears to be in the original alignment of the old government road leading to Wood Valley Homesteads. The remainder of the road, which branches off from the old government road in a makai direction to Pahala, may have been created by the sugar plantations. Until its demise, the sugar company maintained the entire road. Since then Ka`u Agribusiness Co. and Mauna Kea Agribusiness Co. have argued that the road belongs to the County. The County has always disagreed. The November 2000 flood did approximately $1,000,000 in damage to the road. Since the flood, the County has made emergency repairs at least twice. FEMA has agreed to fund 75% of the cost of permanent repairs Co fix the flood damage. Flood Damage One 20-foot span bridge and a concrete retaining wall were destroyed by the tood. Other damage consists of pavement damage and minor damage to bridges. FEMA wil I help pay for the repair of these items. Additionally, part of a concrete ford was washed away. FEMA has not yet agreed to help pay for its repair. llescription of Koad Below is a basic description of the road: Length =about 4 miles Width =about 25 feet, though it narrows to 20 feet across some of the bridges Pavement Condition =mostly fair, poor in some areas There are seven bridges along the road that would become a part of the County's bridge inventory. They are described below: Age of Bridges = 60 - 70 years Span = I S feet - 80 feet Condition of Bridges =One bridge is destroyed and can be replaced using 75% FEMA funds. The other bridges are in moderate condition. Costs of the Koad If the road is adopted, FEMA will pay 75% of the $1,000,000 cost to repair most of the November flood damage. This includes replacement of the destroyed bridge, repair to other bridges, and repair to damaged pavement. FEMA has not committed to repairing some of the flood damage. This includes repair to Waiakoloa Ford ($70,000), removing fallen trees ($8,000), repair of damaged stream beds ($100,000). These repairs need to be made before the next big tood. Ltr. to Honorable James Y. Arakaki Page 3 April 23, 2003 Additionally, most of the stream beds were severely altered by the November flood and may no longer be stable. This could shorten the expected lives of the existing bridges, which is about 30 more years. The cost to replace the bridges is about $500,000 to $2,000,000 in today's dollars. The Federal Highway Agency (FHWA) has contributed 80% of the cost of bridge replacement in the past. The annual maintenance cost of the road is $10,000 to $15,000, according to the Highway Maintenance Division. The annual cost for maintenance will vary according to the level of serviceability we want to maintain. Once we own the bridges, we will need to file an inspection report with the State every two years. "phe reports are supposed to include unavailable information about the bridges, such as their structural capacities. It would cost $100,000 to $300,000 to hire a consultant to determine this information. This cost may also qualify for FHWA funding. Ownership of the Road Of the 4 miles of road, the I.5 mile stretch closest to Wood Valley is a government road. The ownership of remainder of the road in not yet clear. [t crosses over land owned by Ka`u Agribusiness Co. and Mauna Kea Agribusiness Co. who have written letters of intent to either give us dear title to a 50-foot right-of-way, or provide us with title insurance, once they have established if there are any encumbrances of the land. Timing Issue If we wait too long, FEMA will take back its offer to help fund the repairs of the road. According to the most recent schedule that we provided to State Civil Defense, who is the mediator between the County and FEMA, we are to decide whether or not to adopt the road at our May 21, 2003, Council meeting. Because FEMA will not give us a deadline, we don't know if its offer will stand if we don't pass a resolution to adopt the road at this meeting. State Civil Defense has implied that FEMA is getting impatient. Mechanism for Obtaining Road The existing road is contained within a 50-foot right-of-way that is proposed to be dedicated to the County. Because the Ka`u Agribusiness Co. and Mauna Kea Agribusiness Co. are not able to give us a clean war~anty for the 50-foot right-of-way at this time, we are requesting that the Council pass a resolution to adopt the road as a surrendered road under HRS Section 264-I(c)(2). This gives the County ownership of only the land that the road is physically occupying. Once Ka`u Agribusiness Co. and Mauna Kea Agribusiness Co. have determined whether there are any encumbrances on the property, then they will dedicate a 50-foot right-of-way to us, either free of encumbrances or with title inset ante. Ltr. to James Y. Arakaki Page 4 April 23, 2003 Ka`u Agribusiness Co. and Mauna Kea Agribusiness Co. have stated that they don't have the resources to maintain the road, and have not maintained the road for at least the past five years. The County's Highway Maintenance Division say that no one except the County has maintained the road since the demise of the sugar company. Should anyone have any questions he or she may contact Mr. Paul Nash of the Department of Public Works, Engineering Division at 961-8924. APPROVED: B C . Q~.GG~-, ~ RUCE C. McCLURE, P. E. HARRY Director Mayor BCM:PN:jJsY Enclosures MAUNA KCA AGRIdUSINCSS COMPANY, INC. A Subs/d/ary o/ C. Breww aml Compairy, L/m/ted P.O. Box 1828 Papaikou, Hawaii 88781-1828 rNephoaa: (sos? sss-~s2s a Fax: (soai ssn-s4zs April 23, 2003 Attn: Mr. Paul Nash County of Hawaii Department of Public Works 25 Aupuni Street Hilo, HI 96720 Re: Wood Valley Road Letter of Intent Please be advised that Mauna Kea Agribusiness Co., Inc. ("MKA") has no objection to the adoption of Wood Valley Road by the County of Hawaii as a road surrendered to the public use. MKA intends to execute a warranty deed in favor of the County of Hawaii, conveying a 50-foot right-of--way over and across portions of Wood Valley Road. MKA will also convey to the County, additional bridge abutment pazcels identified on the subdivision map, dated Apri122, 2003, prepared by R.M. Towill Corporation It is understood that portions of Wood Valley Road may be part of a public road system that was in existence before 1892, and that the extent of the public road system is uncertain. Therefore, MKA's warranty of title will not extend to those azeas of Wood Valley Road that aze deemed to be part of the public road system. Furthermore, MKA will obtain a preliminary title report at its cost and expense, to identify encumbrances affecting the lands to be conveyed and will, if necessary, procure title insurance with coverage not to exceed $50,000.00. Very truly yours, MAUNA KEA AGRIBUSINESS CO., INC. G G~ C. Cross, President JCC/Ilh Ka`u Agtribusin~ss Co., Inc. • 6. BREMRR Cory P.O. Box 1828 Papaikou, Hawaii 98781-1826 April 23, 2003 Attn: Mr. Paul Nash County of Hawaii Department of Public Works 25 Aupuni Street Hilo, HI 96720 Re: Wood Valley Road Letter of Intent Please be advised that Ka'u Agribusiness Co., Ina ("KAG") has no objection to the adoption of Wood Valley Road by the County of Hawaii as a road surrendered to the public use_ KAG intends to execute a warranty deed in favor of the County of Hawaii, conveying a 50-foot right- of-way over and across portions of Wood Valley Road. KAG will also convey to the County, additional bridge abutment parcels identified on the subdivision map, dated April 22, 2003, prepazed by R.M. Towill Corporation. It is understood that portions of Wood Valley Road may be part of a public road system which was in existence before 1892, and that the extent of the public road system is uncertain. Therefore, KAG's warranty of title will not extend to those azeas of Wood Valley Road that are deemed to be part of the public road system. Furthermore, KAG will obtain a preliminary title report at its cost and expense, to identify encumbrances affecting the lands to be wnveyed and will, if necessary, procure title insurance with coverage not to exceed $50,000.00. Very truly yours, KA'U AGRIBUSINESS CO., INC. L G o .Cross, Vice President 1CClllh ; v 3~ n ~ Kapapala School Lot / ~ ~ ~ d F dl~ J i i ~ ~ \ ~ _ 1 i .r ' ~ i s m~ R~ ~ n ~ /1- ~/K J w _ _ _ ~ _ N~ 1 Wood Valley Homesteads ~ _ ~ ~ l - ni ~ • ~/J a V l A • ~t ~ ~ j I lM ~ O Z - -y lam//, ~ ti~~`'~~- N d` _ A/ -T _ Pahala_: ~ d. i`D ~ ~ o- ~ ~ ~ d aj ~ ^ ` ° ,~~r,; ~ ~ 1 LEGEND ~ ~ ~ ~ 0`'4' a • • • Wood Valley Road d ~ ~ ~ ~ A J ADOPTION LOCATION MAP Wood Valley Road TO BE ADOPTED: Wood Valley Road TYPE of ROAD: Pavement Wdth: Varies - 20 feet to 25 feet LENGTH OF ROAD: About 3.9 miles