HomeMy WebLinkAboutCOM 0092.037 2004-2006
RPR-05-2005 10:10 From: GREGG KRSHIWR 8083737870 To:808 561 8912 '.L
PROJECT PLANNERS HAWAII _ _
5375 K~ala>t~ia>r„aol.e Hibl><wxy Hotnolulu, HAwaii •JFR2 t.
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To: Council Member Virginia lsbdl
Hawaii County Council
Kona Of37ccs
Kailua-Kona, liawaii
Prom: Gregg Kashiwa
Project Planners Hawaii
5375 Kalanianaulc Highway
Honolulu, Hawaii 96821
Rc: kii11356
Continental Pacific T,LC
Shoreline Access Easements
Pepeekco, South Hilo, Hawaii
Dear Virginia:
Thatilc you very much Ibr your diligence and time spent on this matter. I have informed
my clients of them and they arc very appreciative of all your efforts, M.ahalo nui. 1
understand the hill is still on the agenda I'or Wednesday. Based on our conversatiim ui
Friday, A-1-0,5, 1 will nut he in TIilo tomorrow. I um assuming you will ask for
continuance based al the lack of casement documents.
Several important issues remain unresoRvcd. in my April 1, ?005 tcstimvnv i mentinnc.l
there are 84 easements noted on Continental Pacific's subdivision map. 1'he majority of
them (66 to be exact) noted the Pepeekeo t:'ommunity Association ("PCA") as Grantee. !
now uudcrstand PCA does not want all the proposed easements based un liability and
maintenance concerns raised ny its legal Counsel. i do not blame them as 1 would iccl
the same way. This reluctance on the part of PCn poses other problems.
1. Who will own atld maintain the. roadway casements to the five urooosed public
public shoreline access points? if you look at the subdivision map al I roadways it
the subdivision arc old "cane-haul" roads that meander throughout the property
The only other logical Grantee liar these roadway, drainage and utility easements
is the subdivision homeowners association (if one legally exists).
2. !f._thc Grantee litr said easements is in fact the hontcowners association. it is
important to examine the lccordcd "CC&R's' therefore to assure true, tp tbli.
access to the fishing,points csnccially for nittht fishermen, Without assurance i~l'
Comm. No. ~1
Ref. To:Prese.i«t
R,f `'a'~~~R fi 70^5
Honolulu Phone (808) 373-2989 • Kona Ph~ir~e (808) 329-9724 • Kona Fax (808) X2b-1'i ~ ~i
RPR-05-2005 10:10 From: GREGG KRSNIWR 8E383737870 To:808 961 8912 P.:. -
Council Member Virginia Isbell
April 5, 2005
f3i11 3$b
Page Two
unrestricted access, the public sccess rights prolx~sed are without substance anr,
subva'sive of Chapter 34.
3. Actual County possession ol'said tichina acccsc points rciluirc Cvuncil annroval.
inclusive of Couray and govenuuental standards thcrctixe. T previousl;
mentioned the need for sanitary facilities therefore.
4. My clients Ilawaii_17shing,_News and Hilo Castinc Club still ask Cor the ri ~ t to
review and comment on the eas ent docuntenl's u on sub is _pu_and ask Ibr ;r
rzas~nat~lc time~teriod a, nccnmplish said rcvicw~.
Thank yvu Ibr the opportunity to submit this tesliruony and for continued support. on
this matter. As more Ag, lands along our shorelines are subdivided and closed to the
public, traditional t7shing and shvreliue areas arc lost to our residents. As rhev are
closed, gencrativns of experience and enjoyment are lost ti~rever. The State
legislature saw this attd passed legislation to protect these rights. I for one. feel this
instant case is 3 good example for bast Hawaii. Relieve me when I say lhr battle in
Kau is about to begin.
Respectfully,
~"l7 -
Grcgg Kashiwa