HomeMy WebLinkAboutREP PWIRC 012 03/08/2007 2006-2008 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE: Mazch 8, 2007 Re: Comm. No. 212/Resolution No. 84-07
PLACE: Council Chambers
TIME: 4:00 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred Resolution
No. 84-07, reports as follows:
Resolution No. 84-07, is transmitted by Gerald Takase, Office of the Corporation Counsel, via
Communication No. 212, dated February 20, 2007, to authorize the abandonment and quitclaim of
portions of roadway pazcels totaling 11.172 acres at Kapua, in the District of South Kona. These
portions of roadways are no longer used by the public based on the current alignment of the present
Mamalahoa Highway.
During discussion, Your Committee was informed by Mr. Takase that a title seazch was done by First
American Title Insurance Company, who found no records of conveyance of these roadways from
either the State of Hawaii or the County of Hawaii to Mac Fazms of Hawaii, Inc., Kapua Orchazd
Estates, LLC's predecessor in interest.
Mr. Takase also informed the Committee that the deed was to quitclaim all of the County's rights, title
and interest it may have on these roadway parcels, however, Mr. Takase also informed the Committee
that there were no documentation with the County of Hawaii Real Property Tax Office showing the
County's ownership and/or interest to these roadways. Mr. Hilary Brown of Kapua Orchazd Estates,
LLC, stated to the Committee that they wanted to assume the ownership of these roadway pazcels
because of the possible liability due to the tourists utilizing said roadways. Your Committee was
concerned with the fact that there was no cleaz title to these roadways.
Your Committee on Public Works and Intergovernmental Relations is not in accord with the purpose
and intent of Resolution No. 84-07, and forwazds it to Council with a negative recommendation.
la
AYES NOES A&E Ex Respectfully submitted,
FORD X
RIGA X COMMITTEE ON PUBLIC WORKS AND
HOFFMANN X INTERGOVERNMENTAL RELATIONS
IKEDA X
JACOBSON X
NAEOLE X
PILAGO X BRENDA FO ,CHAIR
YAGONG X PWIRC REPO~ARAT: 12
YOSHIMOTO X ADOPTED: ` R T ~ 2007