HomeMy WebLinkAboutCOM 0452.015 1996-1998
+~-8¢.t,-OS-97 17:55 S.P.S. Inc. 505 488 5360 P.Ol
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Seamount Enterpr~~~~~i ';~1 2 c5
Operations (d,b a ) G'~- Administration.
Ka'awaloa Orchards ' 845 Be41e~dIPl E #3oR
KUA Fruit, Y.O. Box 339 Seattle, WA 98102
Captain Cook, HI 96704 Tel. (206) 323-0653
(808)323-2933 Fax (206)325-5855
Eric Curtis
by fax: (f~Cb) 322-3896
Bill 129 Agricultural Project District
wear Eric, October 08, 1997
Further to our conversation earlier this week, the
easements o~.~er your lots were a_ways intended to be
used as expansions for a private road. As you will.
recall, phis is see cut in the Roadway Tlse and
Maintenance Agreement and easements of record.
County dedication is not a practical alternative
for our rural neighborhood, and this was never
suggested as an option.
Liability Concerns have been addressed by our offer
to fund the formation of a L-_mited ~iability
Company which you previously agreed to chair.
Seamcunt has agreed to a 20' r^,ad as a re.sul~ of
your group's meeting with Councilman Reynolds.
i?OWever, I CO ^.t1;:',:e t(~ bP11e`,~e ~_!'id~ 1` WCUld be d
better choice to follow our engineer Leo F'leming's
advice and go Frith an 18' road~~ay in a 22' right of
way. I believe that a narrower road is in
everyone's best interest. The lanes on the Golden
gate bridge are 9' wide!
Easeme.its Al and A5 are .~',eamounc's private property
right serving all of the lands makai including the
proposed APD. The development of i<a'awaloa Road by
Seamount is impractical, if not impossible, and is
not an option that Sea^,.ount is ~~-filling to pursue.
wm,~ ltla~ Z
F'I!e xo. ZNCs
Ftef PrQSentec~
ktef. Crate OCT 1 S 1997
' Oct-08-97 17:55 S.P.S. Inc. 505 a88 5360 P.02
Seamount has conr_inuously stated in open hearing
and i*: writing that if the APD prcJect is approved
in its present form, the Private Road will not be
aed as a basis for further rezoning makai of the
APIA ,
Neither Sally F<ice nor I ever represented to any of
you that the long existing easement rights of
record were going to be limited to the APD. Lunar
Freivalds and Barbara Allen may have misunderstood
the meaning of rezoning, but Sally is quite certain
of wha~ she said, and has a reputation for being
true to her word.
when you purchased your lot from me ten years aqc,
you knew >rhat I owned the property makai. As part
of "Contractual Agreements that Survive Closing",
you agreed not tv ob;ect to further development of
the property makai or Easement A-5. I expect these
personal contractual obligations to be honored in
good faith.
As a long time resident., T find it d:.fficult to
believe that these pre-existing lots which have
existed since C~:e 1930' s were r.ot. in your practical
knowledge. Nor do I understand how this was not
<:learl}' understood frorn our recent detailed
conversations. Our continued statemEnt that there
would be no fur*_:r,er rezcr.ing makai, leads to the
question: what is existing or permitted makai of
the APD?
In the case of Andrea and Brian Lievens, A.~:drea as
my realtor in r~,any transactions, kr:ew about the
preexisting lots makai. The exact number of these
!•ots was discussed :}~,e night before the Planning
Commission hearing, and Brian went on tv discuss
this with ward Fujimoto i?.cq. the nexr day, August
7, 1997.
Allegatio~:s o` misreLresentation or Surprise do not
hold up. The record shows that Seamount initiated
an ongoing dig Logue Witt: the r.e_ghbors from toe
Oct;-08-97 17:55 S.P.S. Inc. 505 5188 5360 P.03
outset in May of this year in which Seamount has
made every effort to address your ~or:cerns.
I believe that Seamount has agreed to realistic
solutions which address your legitimate concerns,
and I am appreciative of the good offices of
Councilmen Remolds and Tyler..
Si(n~~erely Yours,
Chr'stopher Morrie
Seamount Enterprises LLC
cc. Sally Rice
Tim Lui-Kwan Esq.
Nawa_i County Council.