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HomeMy WebLinkAboutCOM 0543.000 1996-1998 l October 10, 1997 Mr. Dominic Yagong, Councilman 25 Aupuni Street Hilo, HI 96720 ~ Subject: Waiakea Mill Pond Sewers Easement o.~ ~ , ti c, Dear Mr. Yagong: I have enclosed copies of correspondence that I have had with Waste Water Management so you are made aware of how long it is taking the County to respond tci LVaiake;~ Mill Pond Sewer Agreement. The County has completed a title search but did not finatize the formal easement agreement. Maintenance of the road was to be included in the easement agreement. I would like you to put this concern on the County Council's agenda as soon as possible. I have gone to two administrations and you are now my third Councilman that I am appealing to. Please consider my request because this matter started in 1991 and is still unresolved. I believe it has been too long and should be addressed. If it is not addressed, I will be forced to take other measures to resolve this concern. Your attention to this matter is very much appreciated. If you have any questions, I can be reached at 935- 843'5 (work) or 969-1548 (home). Sincerely, V/wLr Gilbert Chang Cam. liq HSb Nw__~E_yV__~__.._ Nef. `fot_~y~Qy/ 2 p 1$97" ae~t. Da~._.._~ I ~ - • lAlrallle R lilOtly! ~ Ma}~M Bruce C. McClure Chief Engineer . I~urmce E. CapeBas Department of Public Works oeputych;efEngineer ':_y"~r` 25 Aupuni Street, Room ZOZ • Hilo, Hawau %720 • (808) %1-8321 • Fax (6081969-7138 June 24, 1991 Gilbert Chang ~0~~ ' 265-D Kekuanaoa Street ~ Hilo, Hawaii 96720 ~ SUBJECT: WAIAKEA MILL POND SEWERS The County plans to construct a sewerage system on the subject right-of-way owned by various property owners. You have been identified as potentially having an interest in the roadway. 'l We ara requesting approval from you in allowing the County to file for a Special Management Area (SMA) Use Permit Petition with the Planning Department to allow construction of the wastewater improvements and a right of entry to proceed with construction of the wastewater improvements. Our land agent will be contacting you for the creation df the required easement do`uments. We are enclosing th+~ project's description and roadway right-of-.-_.! way map for your information. Your reply by the end of next week will be appreciated or call me at 961-8338 should you have any question regarding this matter. HARO~IYAMA Wastewater Division Enclosures APPROVED: L Signature' Date . I • MEMO FROM S Bureau of Sewers and Sanitation Department of Public Works, County of Hawaii ~ Sulk 2u ,945 To• IuU~O l01 WQSfe. wafer Devi si o n s From: OFFICIAL TITLE ~ Qr~ `I~hc rs+<,c ma~t~ fnr scwer II„~ bvev AV!d across ix+rc~l [,~y~rPd bN TMK 2-2-5?~~iq . r S~u(~ ~u huu~ av~ -~tihs rc1~'vr ~4fi~s afl~c(~~I Sl~ecr, pi us-c cd(I ouv U,k2tfecua Div~'s~ti~ at G,6~ . I " 1 WAI F..cA MILL COM PA WY i [I \ll 1• z G!l79. 94 f.) iLG1'OObO" 29L'46'S1" 1 ~I Ic.o;; 171-00'0" L'i:- ir., ! I ~ I'. !n 6 ! r MAILG OT. 10.00 61TOO H0 ~12 04''3 H" 4 ~ 1! ~ 894 ~SSdH R - _ r ~y8 99.94 p I I I\ W ' ti• Y~•1 EASENI,ENT"1D" ~';°F' io. ~ \ ~ AREAS 1,591 9q. Ft. Ics•IO• ~ ~ ~ y. 64.04 ~ ~l _ \`O oN~~ L~ P to hT II li ~ , ! \ ,1 241.1 li O NI a _ _ _ ~ ~ I I ~ 951 •Ifi 1 ~ , r . ~ 1 185.so 1 ~t ~ ~ r 4 i _L_..1 J.. 1_. ` --y1` . \~0 1 \ f ,y r 1D0'~O'110.90 V y . I ~ F a II EASEMENT "A" I r AREA= 11,'eGG 5q.F}.C+I Iii ~ L n cT. n. r>o. 1 7 -r a c~ ~ ` Io 0 II II D OI d , y f ~ ~ ~ s 1 0` n 1 "NA LAS'' m ~ I 1 r • Wrvfro~ . .r to nunuen SL:B K H K U A N A O A e o oO1 1'0°'0 ~ No. 2671 '-1 T 1t E E T r' yew S i8:&_ A14 V' ~ iii .~:r~^ _ EASEMENTS FOR TMIS WORK was ?RErARED sr SEWER LINE PURPOSES OVER ANG ACR095 Ihl OR 11CR![R Mr RYMRY1310N AA1tiClIL GO V a Ket7 19Y T.M.K.: J rd 171v. • ~ - SS s 1 ~ WAIAKEA, ~}OUTH H110, 16LAIVp OF HAWAII, HAWA11 PKEPARED ~Y IwNER: 411L0 EN d1NEex11VC1, INC. TAN LEY OKUISA 484 KALANIKOA 9T•, NILq, NAWA11 I ANCHANO OT. .7ANUARY 4~ IOS4 1 G, HAWAII 967L0 - )'1 L q + - Y ~ y Yes _ , - - Z '_l.. s. September 14, 1995 County of Hawaii Dept. of Waste water Division 25 Aupuni St. ~ Hilo, Hi 96720 Dear Mr. Peter Boucher In the month of June 1991 I signed a construction right of entry allowing you to construct sewer system within Easement A. Since than I have not received word from you regarding the easement that you must aquire from me and other property owners+ or payment for it. t, I have several questions that I need answers to which include: (1) When will you draft the easement document? (2) When will I get paid for the easement as well as the rental charge for use of the area in the interim? (3) When will you start maintaining the easement area (Easement A) which was granted to you via the right of entry agreement (private roadway). I have contacted your Engineering Division & Corporation Council and now you with no answer received as of this date. I have allowed you use by right of entry and the project has been long completed. Your prompt reply will be sincerely appreciated. Sincerel~~ " ~ Gilbert Chang if ~uV tr 1~~~ ff~ ui~lc 265-D Kekuanaoa Street • Hilo, Hawaii 9F'^n . re~e^~.^_-~ ^ • e . September 27, 1995 County of Bawaii ~ Dept. of Waste Water Division 25 Aupuni St. Hilo, Hi 96720 Dear Mr. Peter Boucher I am just following up on a letter I sent you on September 14, 1995. Enclosed is a copy of the letter. I haven't heard from you in writing or verbal and I was wondering what happen. I would appreciate an immediate reply. Sincerely, Gilbert Chang C ~J~, fA4i+, ~~p~ 2R5-~ Kekuanaoa Street ~ Hilo, Hawaii 96720 ~ TBIe Dh Ana' iHnA~ o't t-v • , . - t'IW ~ Donna Fay K Kiyosaki Stephen K Yanushim I ChieJEngntm { Jiro A. Sumada •°A'er'Y''~ Deputy Chief Engineer (a~urtf'~r ~ ~ttfuttii DEPARTMENT OF PUBLIC WORKS 25 Aupuni Strcet, Room 202 Hib, Hawau 9677D-4752 (BOB) %1-8321 Fax (808) 969-7138 ~ January 31, 1996 M8 GILEEBT CBANG PU8O POI FACTOBY 265-D RE&QANAOA STREET 13IL0 HAWAIZ 96720 'l, StTBJECT: WAIAEEA MILL POND SEWEB EASEMENT In response to your recent telephone call to the Managing Director, the following information is provided to update you on the status of the sewer easement you inquired about. 1. The title search has been completed and Corporation Counsel is continuing efforts to secure a formal easement from the affected property owners. Some of these property owners have died and their estates are tied up in probate. 8owrver, we will proceed with easement documents for those property owners that do have clear title. 2. The County does not aspect to pay any of the owners for easement rights since the road has minimal value as reflected by the fact that tales are not collected for roadways. 3. The County will maintain the roadway for the use by our vehicles. We do not intend to make any road improvements at this time. We apologize for not formally responding to your concerns earlier. if you have any further questions regarding this matter, please contact me at 961-8321. ~r JIR6-A: Si1MADA Deputy Chief Engineer cc: William Davis, Managing Director Gerald Takase, Deputy Corporation Counsel DPW WWD State Ombudsman's Office, Attn. Mr. Herbert J_ Almeida February 12, 1996 County of Hawaii Dept. of Public Works 25 Aupuni St. RM. 202 Hilo, Hi 96720-4252 We can understand the County's desire to pay a minimal value but has this value been determined by you or did the County hire a real estate appraiser to determine this minimal value. Will the County treat us differently from all other that easements have been acquired from? It is our understanding that the County is obligated to maintain easement areas for the general public (if this easement is acquired) and not for the Countys vehicles only. Also we understand that your standard easement agreement has a hold harmless clause in that the County will hold the owners harmless against liability should there be an accident due to your ignoring the maintenance of the easement area. Your prompt reply and also speedy action in acquiring the easement will be appreciated. It has been years since the right of entry was granted and project completed. It seems the County desires to complete its project and datum the property owners who cooperated on this project. Sincerely, war w. ~'~cY ' .s Donna Fay K. Kiywaki Stephen K. Yamashiro Cbt¢EnQinccr Mayor Jiro A. Sumach •~h'ei'M~w~,, Deputy Cbizj EnyiKer ~u~xr#g n# ~r~fnrrii DEPARTMENT OF PUBLIC WORKS 25 Aupuni Su«c, Roam 202 • Hilo, Heweii 96720.4252 (808) 961.8321 • Faz (808) 969.7138 March 12, 1996 MR GILBERT CHANG PWEO POI FACTORY INC 265-D REKUANAOA STREET HILO HI 96720 t, SUBJECT: WAIAKEA MILL POND SEWER EASEMENT In response to your February 12, 1996 letter, we would like to propose that a mutually acceptable land appraisal agent establish the fair market value for the subject easement. To do this, we request you submit a list of names of three firms or qualified individuals who you feel comfortable can determine the easement's fair market value. From this list, we will randomly select one firm and retain their services for an appraisal. After the appraisal is completed, we can draft the necessary basement agreement that will address maintenance. We apologize for taking so long to resolve this issue, but hope to reach an acceptable agreement with you and other affected owners soon. ~ZRd SUMADA Deputy Chief Engineer " ccs Mayor Stephen R. Yamashiro William Davis, Managing Director Rudy Leqaspi, Executive Assistant Gerald Takase, Corporation Counsel WWD ~ March 18, 1996 County of Hawaii Dept. of Public Works 25 Aupuni St. Hilo, Hi 96720 In response to your letter of March 12, 1996 we are „ willing to accept a minimal amount as just compensation for - t.he sewer easement to save the County the need to hire and pay an independent appraiser. Our main r_encern in regards t.o this easement is: (1) That the County maintain the easement area for the renerai public as well as for all County vehicles. 't. (This is only proper for we are quite sure that it is the County's policy that the use of roadways over and across sewer lines is for the benefit of the general public as a whole.) (2) That the hol~ harmless clause indemnifies us should any injury occur due to the County's r,on-maintenance of the easement area. Our other concern is the length of time taken to finally get a competent answer from you. There should be no need to go through several. channels. We do hope that in the future wher. you deal with the general public (tax payers) you will communicate sincerely and respectfully. ' in closing, you will have our utmost cooperation in resolving this simple transaction. Sincerly, Gilbert Chang Puueo Poi Factory, Ltd. 265-D Kekuanaoa St. Hilo, Hi 96720 c, Wil*W T ' ~ w,w ~ ~ Donna Fay K. Kiyosaki Stephen K Yamashiro ChieJEnginnn M°9O1 Jiro A. Sumada ,i~'a-„?+P Deputy ChuJEnginen (1~>luntg ,Y~ ~tfrlttti DEPARTMENT OF PUBLIC WORKS 25 Auputu Street, Room 202 Hilo, Hawaii 96T20-4252 (808) 961.8321 pax (808) 969-7138 ~ Apri18, 1996 Gilbert Chang . Puueo Poi Factory, Ltd. 265-D Kekuanaoa Street l3ilo, Hawaii 96720 Dear Mr. Chang: °t, SUBJECT: WAIAKEA MILL POND SEWER EASEMIIdT In response to your letter of March 18, 1996, we would like to propose the Courty pave the subject easement on behalf of the owners. Jn exchange, the County would request that the owners accept responsibility for future maintenance of the road. Should the above proposal be acceptable to you, we will formalize a proposal and present it to the various persons with ownership imerests in the roadway. Again, we apologize for taking so long to resolve this issue, but hope to reach~atl acceptable agreement with you and other affected owners soon. Sincerely, C~~e-B~umada Deputy Chief Engineer cc: Mayor Steven K. Yamashiro William Davis, Managing Director Rudy ~S~Pi, Executive Assistant Gerald .Takase, Corporation Counsel Peter Boucher, W WD Puueo Poi Factory, Ltd. 265-D Kekuanaoa St. Hilo, Hawaii 96720 April 16, 1996 Mr. Jiro Sumada ~ Subject: Waiakea Mill Pond Sewer Easements Thank you for your letter of April 8, 1996 proposing that the County pave the subject area. It will save the County and it's taxpayers time and money. It has been almost 5 years since your department made first contact with us on June 24, 1991 requesting an immediate reply so you could commence with this sewer project. The project has been long "t completed and now after agreeing to a nominal sum as compensation for the sewer easements you are balking at maintaining these same easement areas that you begged for to begin with. We never asked you to put the sewer line through our roadway. It is our understanding that you are a fairly new government employee and probably don't know or don't understand the County's policies and procedures. Let us review a few facts (correct us if we are wrong) about this project that you may not be familiar with: (1) This is a Federally subsidized project in which you should have secured the land rights before starting said project. (2) Project was rushed and poorly planned by the County to secure federal funding. (Other alternative routes should have been considered). (3) The County is balking at maintaining these easement areas although the County is responsible for the maintenance of all easement areas granted to them. (4) The sewer line is a general benefit to all as others before and after the sewer line within the subject sewer line areas are also hooked up to this line. (5) Paving the easement area will cut down on the County's time and expense to maintain it. (6) The County was waiting for the subject easement area owners to forget about the project so they would not have to acquire or maintain these area. Mr, Sumada, you have apologized so often don't you think it's about time for the County to take some action to complete the rest of this project? Please, please do the right thing and acquire the easements and maintain the easement areas. In the interim please send your crew to do the maintenance since it has been years since the rest of this project has been completed and it may take many years more before the County drafts that simple easement grant document. Sinc~~~~~~ Gilbert Chang cc: Mayor Stephen K. Yamashiro William Davis, Managing Director Rudy Legaspi, Executive Assistant Gerald Takase, Corporation Counsel Peter Broucher, WWD Donna Fay K. Kiyosaki, Chief Engineer j N May 31, 1496 2nd Letter Mr, ?iro Sumada, You "e not responded to our last letter dated April 16, 1996, Il. 3 heen over a month and it ~ ••ms you are playing the old burar.ratic nS wit.h us. Sde are very urbed by the way you are handling this simple matter. -rstandi-nq talking with, Mr. Legaspi is that ?)ayor Miyashir~ and Donna xiyesaki would like this matter resolved. Please respond, life is too short and there 7s enough AS at i.n the r.~orld as it is. Sincerely, ~ ~ r Gilbert Chrng Puueo Poi Ya~•t _~r}r, :,td, 265-C xeku:naoa ~.t, Hilo, Hi 95 !2C JM~r os hew vr,. w Donna day K. IC~,iyoaaki ~ Stephen K. Yamashiro ~ C6u<jE°jmser MO7OT ! )iro A. Sumach •'~ri~ei'w~ • DeDury Cdie/Engineer ~DitTtf~J D{ ~ufuttii DEPARTMENT OF PUBLIC WORKS ~ 25 Aupuni 5(reer. Room Z02 Hilo, Hawaii 96120-4252 (808) 961-8721 • Ess (808) 969~7IJ8 October 8, 1996 I _ MEMORANDUM C: O C . I ~J - T0: Elroy Oso Councilman _ c:~ FROM: Jiro Suma De uty Chief Engin - A ~ ~ ' ~ SUBJECT: WAIAREA MILL POND SEWER EASEMENT _ ti W In response to the request of the Council's Committee on Human Services and Public Works during their October 1, 1996 meeting, attached is the draft easement agreement we are proposing to the owners of the roadway under which our sewerline was constructed. Attachment cc: Gerald Takase, Deputy Corporation Counsel DPW ~ ~ ~ C'~, J.. j- WWD ~ - r--, . ' , ~ ~ ~ ~ 7 ~ a~ Yo 1388.01 ` 7'1'e 21e. FND~c.iP (unnc?~ n ~ I' ! i i ~ ~ ~ ~ ~ f ~ ~ ~ ~ EASEMENT AGREEMENT . ~ ~ f 0~ Pt l~ , ~ This Easement Agreement ('Agreement") is made between the ~ ( COUNTY OF HAWAII ("the County"), by and through its Mayor, . r . Stephen K. Yamashiro, and STANLEY OKURA and KISHIE OKURA, SEIXO KANESHIRO and SADAKO KANESHIRO, LESLIE K.I. CHANG, a.k.a. LESLIE KUNG ING CHANG, CORDON H.I. CHANG, a.k.a. CORDON HUNG ING CHANG, [HEIRS AND/OR DEVISEES OF SAU LIN CHANG, a.k.a. SAU LIN CHANG a KAUWE], [HEIRS AIiD/OR DEVISEES CF JOHN KIT ZL7C ~Y".NG, s.r.a. JOI'.!9 K.I. CHANG], HILO DRAYING CO., LTD., TOSHIO HAMADA and MIYUKI HAMADA, [HEIRS AND/OR DEVISEES OF TOKUJIRO FUJIMOTO, a.k.a. TOKIJIRO FUJIMOTO], SEICHI OCHI, MASAO OCHZ, AKIO HOSHIDE, SHOICHI MURAMOTO, WALTER M. MINAAI, and [HEIRS AND/OR DEVISEES OF HZROSHI OCHI] (collectively known a6 `Owners'). WHEREAS the Owners have granted the County a construction right of entry to install a sewer line within the areas covered by Easements `A` and "H` as set forth in Exhibits "A" and "H• attached to this Agreement (hereinafter, the "Easement Areas`); and WHEREAS The County did exercise that construction right of entry and has constructed an undergzound sewer line within the aforesaid Easement Areas; and WHEREAS The County and the Owners wish to set forth the terms and conditions under which Owners agree to convey to the County a perpetual, non-exclusive easement over, under and across the land within the aforesai8 Easement Areas; 1 In Consideration of the foregoing, and of the mutual promises set forth herein, the County and the Owners agree as follows: , 1. grant of Eacem nt. The Owners agree to grant to the County a perpetual, non-ezclusive easement over, under and across the land within the aforesaid Easement Areas, granting the County the right to unrestricted and free access, unhindered by any gates, fences or other interference, to the Easement Areas at~ all i times for the purpose of installing, replacing, maintaining and ~ operating a County sewer line and any necessary pumps, pipes, or other facilities within the Easement Area. 2. Qwners' Warranty. The Owners warrant that they have legal and equitable fee simple title to the property within the t\i Easement Areas and have legal and equitable authority to grant the aforesaid easement to the County, and will warrant 8nd defend said << ~ title and the easement granted from any and all claims, legal or " 1- equitable, which may arise as a result of or connected with the ~r granting o£ the easement. 3. Pavement of Roadway. The County agrees that it will fund and ezecute the one-time paving of the roadway within the Easement c ' Areas, with 2' (two inches) of asphaltic concrete pavement on 1' t c; (four inches) of base course, approximately 20' (twenty feet) ' wide. The actual width of the pavement may vary as necessary due ' . to topographical and drainage features, or as required by statute, ~ ~ . ( ~ C ordinance, regulation or other law. The Couaty will use reasonable care to avoid any drainage problems which the paving of " ~ the roadway might entail.. 4. Indemnification. The County agrees to indemnify and hold harmless the Owners from any liability or claims arising from accidents or injury to persons oz property legally caused by the County's negligence or wilful misconduct in the design or construction of the aforesaid roadway improvements. The County ` shal l not indemnify and hold harmless the Owners from any ~ ti . r ,:,.-_~~~~t. \~I« liability or claims arising from any flooding within or ~~~1 ' ~•i1 n`<< 1 ti surrounding the Easement Arena since the easement is within ati 1~~ h ; pre-ezistiny 'AE' floo~Iway. r ~ ~r ~ 5. Easement Form. The Owners will execute the easements in~~~e`~~', the form attached hereto as Ezhibit "C" immediately upon ezecution t'\~K t C C~ of this Agreement, and will deliver the ezecuted easement document to the County immediately for recording. 6. Entire Agreement. This is the entire agreement between the parties, and supersedes any other discussions or agreements between the parties with respect to any subject covered by this Agreement. ' 7. Notices. Notices to the parties with respect to this Agreement shall be sent to the following addresses, and shall be considered served when postmarked, unless not received within two working days, in which case they shall be considered served upon receipt. The parties agree to notify each other promptly in writing shoul8 any of these addresses change. To the County: C/O Department of Public Works 25 Aupuni Street, Room 202 Hilo, Hawaii 96720 To the Owners: See Ezhibit 'D" -3- 8. Choice of Forum and Law, The parties agree that any ~ legal action to be taken concerning this Agreement shall be conducted in the Circuit or District Courts of the Third Circuit, State of Hawaii, and will not be removed to any other state or federal court. The laws of the State and County of Hawaii shall govern this Agreement and its interpretation and enforcement.. 9. Succession. This Agreement shall bind the parties and their successors, heirs or assigns, and the Easement given hereunder shall be deemed to bind Owners and their successors, heirs and assigns with respect to the Easement Areas. 10. Amendment and Termination. This Agreement shall not be amended ezcept in writing signed, attested and agreed to by all parties to the Agreement. However, the County reserves the right to terminate this Agreement and surrender the easement upan 30 days written notice to Owners. If all Owners cannot be contacted at the addresses set forth in this Agreement, notice of termination may be given by publication in any newspaper of general circulation in the County of Hawaii. 11. Rncroration Uoon Termination. In the event that the County terminates this Agreement and releases the subject easement, the County shall remove its sewer line and related facilities from the Easement Areas and shall make reasonable efforts to restore the Easement Areas to the condition they were in immediately before removal of the sewer line, at the County's cost. 12. ,~verabilitr. If any part of this Agreement is held ~ invalid or illegal by any court of law with competent jurisdiction, the validity of the remaining provisions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the invalid part. IN WITNESS WHEREOF, the parties have duly ezecuted this ~t. Agreement the `day of 19_. COUNTY OF HAWAII By STEPHEN R. YAMASHIRO Its Mayoz RECOMMEND APPROVAL: PETER $OUCHER Chief, Wastewater Division DONNA FAY K. KIYOSAKI APPROVED AS TO FORM AND LEGALITY: ' Deputy Corporation Counsel ~t. •~~~M c~'_' - ~a Donna Fay K. Kiyoeaki - Chicf Enginrer SteplMen K. Yamaehiro Mayor Jiro A. Sumada ~e lleputy Chief Engineer A,t•a•w,,o (t~zsuntu u£ ~txfuttii DEPARTMENT OF PUBLIC WORKS 25 Aupuni Stml, Raom 202 Hilo, Hawaii %720-4252 (808) 961-8321 • Eex (808) %9-7138 t August 14, 1996 Gilbert Chang Puueo Poi Factory, Ltd. 265-D Kekuanaoa Street Hilo, Hawaii 96720 `rl. Dear Mr. Chang: SUBJECT: WAIAKEA MILL POND SEWER EASEMENT This is to advise you that the County intends to maintain the subject easement by regrading the roadway during the week of 8/19/96. Corporation Counsel is finalizing the easement documents and should be submitting them to you soon. Should you have any questions, please contact the undersigned at 961-8338. Sincerely, Peter J. Boucher, P.E. Chief, Wastewater Division - cc: Mayor Managing Director DPW - i qtr or ~ Dome Fay K. Kiyw'ki Stephen K. Yamashiro r CbieJ En;inssr Mqo+ I Jiro A. Sumach •~,N w'+~i` Dspury CbieJ'in`i+uei I ~D1YTCtp ~MfU2Itt DEPARTMENT OF PUBLIC WORKS 25 Aupuni Sveet, Room 202 • Hilo, Hawaii 96720.4251 ~i (808) 951-8321 • Eax (808) 969.7138 l June 21, 1996 MR GILSERT CHANG PUt3E0 POI FACTORY LTD 265-D RERUANAOA STREET HILO HAWAII 96720 WAIAREA MILL POND SEWER EASEMENT ~ In response to your April 16, 1996 and May 31, 1996 letters, we will be regrading the road some time before August 30, 1996. We will not be paving the road with eaphalt concrete at this time. We would like to meet with you to discuss the future maintenance of the easement. Please contact me at 961-8321 to arrange a convenient date and time we can get together. ~ ~ JIR A. SUMADA Deputy Chief Engineer cc: Mayor Stephen R. Yamashiro William Davie, Managing Director Rudy Legaspi, Executive Assistant Tad Hoaq, Assistant Corporation Counsel DPW WWD i1 COUNTY OF HAWAII STATE OF HAWAII , BILL NO. 345 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 96-68, AS AMENDED, RELATII~(j TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 1996 TO JUNE 30, 1997. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 96-68, As Amended, Relating to Public Improvements and Financing Thereof for the Fiscal Year July 1, 1996 to June 30, 1997, is hereby amended by adding the following project: PUBLIC WORKS Waiakea Mill Pond Sewer Easement Improvements $250,000 (110-699-5691.05-115) SECTION 2. Funds for these projects shall be provided from: General Obligation Bonds and/or Other Sources $250,000 SECTION 3. This ordinance shall take effect upon its approval. - introduced By: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REfEREidCFa Canm: ~ ai as---, . L ~ Puueo Poi Factory, Ltd. 265-D Kekuanaoa St. Hilo, Hawaii 96720 November 6, 1996 Mr, Jiro Sumada Subject: Bill No. 345 Inregards to Bill No. 345, we would like to clarify a few issues. 2. Owners Warranty. The County shall conduct a title search before approaching said owners for acquisition of easement. Warrant and defend provision will not be required for easement. 3. The County should create a dry well sump to drain water that is coming off of Kekuanaoa St. The water problem is the causet of the damage to the easement area. It is foolish to pave the' easement area and not correct the problem that is creating the damage. 4. Maintenance and Indemnification. The County shall maintain the easement area on a timely basis and agree to indemnify and hold harmless the owners from any liability or claims arising from accidents or injury to persons or property legally caused by the County's negligence or wilful misconduct in the design or construction of the afore said roadway improvements. Sincerely, Gilbert Chang cc: Mayor Stephen K. Yamashiro William Davis, Managing Director Rudy Leqaspi, Executive Assistant Gerald Takase, Corporation Counsel Peter Broucher, WWD Donna Fay K. Kiyosaki, Chief Engineer