The URL can be used to link to this page

Home My WebLink AboutCOM 0452.014 1996-1998 1+~ SEAMOUNT ENTERPRISES LLC Ka'awaloa Orchards R[CC:IVED ' October 1, 1997 nme.---'-------- gY County Council ENCROACHMENT ONTO COUNTY LAND 1. Larry Ford's August 8, 1997, written testimony at the Planning Commission hearing on Seamount Enterprises LLC's application. 2. Photographs taken on or about August 23, 1997 along Lot 4B (parcel owned by Brian Lievens) depicting foliage encroachment of up to 19 feet into County of Hawaii owned Napo'opo'o Road. 3. August 29, 1997 letter from Sally Rice to Donna Kiyosaki re sight distance problem and diagrams. 4. September 18, 1997 letter from Christopher Nome to Brian Lievens regarding assistance in removing foliage encroachment, with hand-written comments from Brian Lievens refusing to remove entire encroachment. 5. September 19, 1997 letter from Christopher Norrie to Brain Lievens in response to Lievens' hand-written comments regarding removal of foliage encroachments. </S2• i~ ylne. To: Presented co?.~o~~ ~T 1 1991 1Mt. I?ate._ ~lahni G~ ~l ~l Larry Ford, surrounding property owner, not against the development but did have very serious concerns about the road, difficulty getting on Napoopoo Road from that road, especially if there's any traffic. If several people get together and have to stop at the stop sign and then get onto Napoopoo Road then it's very difficult with speeding that goes on down there. It's 25 mph but we see few people going that speed. If there's a way of controlling that traffic a little bit better that it would be safer for children along that private road. He knows putting 15 mph speed limit would notify responsible people that drive up and down there but there's no enforcement of speed limit and he did not know what could be done about it. There aze children who play on that road and he's concerned about them. Drainage problems along the road but Sally Rice said there was ways they will mitigate problem along that road. Five homes on that nazrow road and now opening up to at least 6 more homes which will be quite a bit of traffic and what he is concerned about is there aze other lands that aze owned by the same Corporation and if they want to open it up later he was concerned about the traffic that will be on that road. It's steep road and difficult to get from that road to Napoopoo Road and just concerned, you can't see up and down road very easily when you pull out and it's going to be even more dangerous with more people. He said if Kaawaloa Road were to be developed it would take a lot of the pressure off this particular road. So his concerns primarily aze any future developments and the unknown restrictions also on the new homes. They have some very voluminous restrictions on homes existing now and he hasn't seen any for the other homes. He hopes it will be at least as strict. He had to get approval from a majority of other landowners before he could build his house. So he felt it was reasonable that that restriction still applies even to these new ones. So, again, he is not opposed to development at all but just very concerned about safety along that road and the children and ingress and egress from Napoopoo Road. RUG-29-1997 17 49 P.01 Seatnount Enterprises LLC ~ ~ Ragtaod to do 6uvia. m Krvrsu n Ka'awaloa Orchards P.O. Box 339, Captain Cook, HI 96704 4~ ~ ~ Ms. Donna F. Kiyosaki, Chief Engineer bepartment of Public Works County of Hawaii 25 Aupuni Street Hilo, Hi 96720 Dear Ms. Kiyosaki, August 29, 1997 The roadway to Ka'awaloa Orchards was installed as part of the subdivision improvements of Subdivision 87-98. These improvements are shown on the engineering drawings of Leo Fleming Ltd. which reference D.P.W, folder #81110-A and which were approved by your department on 11-23-87. At the time of installation there was no sight distance problem from the private subdivision road to the Kailua side and the D.P.W. did not require the reservation of sight distance covenants. A serious safety problem has arisen because Mr. Lievens, the owner of lot 9B ('PMK 8-1-9-30), has planted bamboo and other foliage in the Napo'opo'o Road parcel owned by the County of Hawaii_ The property line between lot 4B and the Napo'opo'o Road parcel runs along the base of the stone wall makai of Napo'opo'o Road. The property line is defined by three points which are clearly visible. The line is marked on the private subdivision roadway by red survey nails and by survey stakes at the base of the stone wall, in the middle of the line and at the Kailua corner of lot 4B, all as shown on the attached sketch map by C. Aipia (attached as Exhibit "A"). AUG-29-1997 17 49 P.02 As can be seen from an enlarged portion of Leo Flemings drawings (attached as Exhibit "B") the improved {asphalt? portion of Napo'opo'o Road swings mauka in front of lot 4B leaving some 20' between the edge of the asphalt and the property line along the stone wall. It is i_n this portion of County road parcel that the problem has arisen. This has been a problem for some time and I have talked to and written to Mr. ~ Mrs. Lievens asking them to remove these plantings. We originally supposed that these plantings were on their land. Our recent measurements found a substantial encroachment fup to 19 feet) on to County land. I had a conversation earlier this week with Mr. Lievens after these measurements were taken and he confirmed that he knew his plantings were on County land, but was not inclined to remove them. Therefore, we request that the County seek their immediate, complete and permanent removal. I have almost been hit several times pulling out of the private subdivision road onto Napo'opo'o Road and the same problem has been reported to me on numerous occasions by my employees. I am extremely concerned that a serious accident might occur at any time if this problem is not rectified. If I can be of any further assistance, please contact me at by telephone at 325-5550 or fax at 325-1940. Yours Sincerely, Seamount E erprises LLC By Sally Rice, Vice President cc. Brian & Andrea Lievens {by hand) Tim Lui-Kwan Esq. Henry Cho, Deputy Managing Director for Kona Galen Kuba, Engineering Division Chief Tom Pack, Engineer Kona D.P,W. Corporation Counsel, Hawaii County 1 1 q-19a~ ~7:G0 RUG}~^ ~ 0 gr ~ ~ r ~ ~ , , ~ ~ ~ 4 ~ ~ u~ a. O a ~ q ^~'1 d ~y O a` ~ l c3 ,4,,. t~ to ~ ~ ' a _-Xy.S~ . 1 ~ D R~ ' ~ "~c`i e ~ ~ O Q e l _ RUG-29-1997 17 50 P.04 ~ ~ f _ ~ ~ _ . . u ` . ~ ~b ` s,~ S 1 q q4 .a 1 .3~ _ i ~ . ~.n . . ~ 0- S _ - ~ ~ Js - ~s.~~ - ~ ~ - ~ 9,~, 1 0. T ~ - _ _ TOTRL P.04 S.+p-19-97 11:34 S.P.S. Znc. 505 988 5360 P.02 I P. OI iM1 i ~ ~ ~ i I I , I i I r',~J~ .li l~. _ L! i .i, ~ .a~ 1', L13~ ~ ~ ~ i s Y ~ I, i ~ St;~nount ~nterEirises i.f.C' a~d~~~.x.a~~:,~ u~.,,' , ~ , Ka'awalc7a Orchards I ~ e, 0. f3o,< 3iA, (:gt,tain ('ook, Fit 967Q4 i i. dL It L'~%Il. Sf`~C@R14~ ~ ~-F~j ;99? ' ~p L~cf$[JOri$~ CO )'our E']. P_~,i:Onn ~ j, t,P . ' follUwj.nC 1_n~Grmar,-.o^. ~ i v i iN R ~crhy of Ar.~, c'-•.r ,<,~f i ! rwc:e}ved f=nm ~,:~e ~r~',ri ~ zlesr~ri.pt~.u~: of ~ t - i ~ c - , ~;ri i:•~~ ycrr I ~ s~!lc9ed ir. Lhe Napo'upn'o C«~a,i - "~,:rr on ~ t.t~~ Kaidu3 Side .;f o~•ir r.oed. II ~r~ i• a1 whst 's it a7d where did i. a~mA from? j vM~~ /VC M U1 how did it g~E tt:ere equlp_,eu or hand? '0 C hew tyynu h~~ s i , in a ume do ' depth? Y Y 4 Save, t o w~a_o P•anr. nr ipsC the root? 1J: it pis ttre roots ~ n ahe tO:is i ~ ctit: rift firs*. to fa:::i~litake •=mov«i? ~ 4) Wtrere o you irt.c~nd'ta '.a:? `C~•raoved" i. p).ar.ts on youz pro~2rr;>?O~ I P1~~R$F f2)X )/C]UT rE'S;7Pn50 f.~> (j(1". yi,'~-~j~Fl7, i. + i i Q.~yt. tlL ~i]'."jS r ~ i ' . ~r ~ ; ! ::I ri l:~phrr Norrter it N~ : oNt.~~ ~,cw18w toC j ~f ~ i . i~ ~ I ' I;r Sip-19-9! 11:35 S.P.S. Inc. 505 988 5360 P.03 Seamount Enterprises LLC Ncpjiaaod to do buaeiau in liawui as Ka'awaloa Orchards P.O Box 339, Captain Cook, HI 96704 Brian Liaver.s, by fax: ?23-28?0 & by mail: P.G. Box 190 Ca~tai.n Coax HI 96704 1Jear Brian, September ]9, 1997 I :nave received your hand written fax respcrse cf September 18, 199, in which you rote: "only bamboo is coming out". I regret but Seamount will not be party to, ar oordone, ar.y partia~ removal of the icliage which does not fully comply wir_h Section 22 of the Hawaii. County Code. Uur previous offer to contribute to the cost of removal is therefore revoked. As has been aptly demonstrated by ir.any near misses, your encroachment constitutes a clear "hazard to public safety a:.ci welfare". I have endeavored to explain to both you and Andrea the potential i.iGbi~ity which yo:, have assumed by violating the provisions Gf Section 22. This potential liability can on?.y be cleared by the "immediar_e, compl.Fte a:,d permanent removal" of ail encroaching plantings. Un a personal level, I regret t:^.at this situaticr. has arisen. In my view you are acting imprudently by not fully r.bmpiyiny with the law. Seamount continues its request to the County of Hawaii that Section 2~ of the HCC ce fully enforced. Youjnr~s Sincerely, r " Seamount Enterprises, LLC by Christopher Ncrri? cc. ;itanley ~dakasnne, Maintenan<:e, `ax: 961-3349 Henry Cho, Deputy Managing Director, fax: Sally Rice, Vice President Seamount, fax: 325-1441 , -7414%, ki. : 1 _ .... . ...„:31t,,,.....40... . z.......7,0„ , .. .4.410, ,,,, ,„„.„„.... .41101, .,...../.. 1 \\ .....„ r-iiiiiiiiii!---------- ,... 4, ‘.7, ' -!.. .. ---:_.'... • • • .. 44' i.. s mss- 4-- Alp l .. 0 _1., 0, ,r,..,„1„,..._ _ , . . .It... • T • I i s �. I I( f •/ f y �� 4. 1 / ty. a • `� t i • t,oj ,.41,i„,do; . . . 1 , ‘..7-13.1C. la's '-• 1 if . ,,.. ,. . . lot NI t, �, I A. mutt 4..- 4 !a44 . . .. Ir" 1 i ,+ tir . . r . s , t }� / 4 kf Ale"3 / , Af / 4 air _..._ s •— • .4 .f. - ti Y 4 • . M r, 5• i y 7 it '^ F ,,%%k • . 10, 4: ,i * ' , �, kms,.te t t / y ''� •j s' , A r moi• ` r �, •4 • J r i R / . - _ s-3 -,., - „( i . • i - 4. / r 1 L • 1 1 4