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HomeMy WebLinkAboutCOM 0798.002 1998-2000 07/26.00 \VED 12:37 FAX 8083265697 Z002 07:2 WED 12:07 FAX 808 .346 village Prorerties... U oo3 4_04 .\ SyNO PING 17,> 4::;;iiiik K A U A 1 VILLAGE PROPERTIES, INC. 1715 Ihiloa Place, Honolulu, HI 96821 • Tel: (808) 373 -3175 • Fax: (803) 377 -1346 facsimile transmission ! to: Ldu nsitivennDe4 4/a7'1.c/ lineriiia _ o •..f ✓ // - ,n om�}}-- .y /' re; _ t .4 ;L, v�tefo "116 . • date: % i n 11 l I. n. aa — — 0 v l .. cli i l _ r,L.iT 4" paces'. _ includine cover sheet i , • ( /_ di / / / KLiviititii. : l /J t n c.( i Ali, .4-, /IL 5 C. 1 1 (V' ! H :L'7[ Cy i c O / ij - e 19 r u/ jj /L1 tiro $ 4 L'pL�(t -, r I2-, p s ` ©N L ; YNP li . 4f o±xS a al/ 7 , is✓d_ _y r emit / / r p P� / , _ MA-1-.77 a :5 do -- ; ci Iza ( r • � LS — PLEASE DELIVER TO THE ABOVE -NAMED PERSON A.S.A. i. YOU (If you do not receive all pages, please contact sender as soon as lr-s I tie.) Comm. No7 • A , Z File No. INS Ref. To: � / f Ref. Date AL 2 6 2080 07/28.00 WED 12:37 FAX 8083265697 4003 • 07/26 /00 WED 12:07 FAX 808 346 P],7 ,lade Properties. _ g002 r.ceera Wym.a ay. +uy]s.2ooe 4:17:6 rnl • Charles N'1'. Coupe 1715 Milan Place Honohilu, HI 96821 July 26, 2000 • Chairman James 3.'. Arakaki Hawaii County Council 25 Aupani Street- Room 209 Hilo, III 96720 TESTIMONY OF C13ARLES COUPE ON BEHALF OF THE OWNERS OF_TNIK:, (3) 8_1- 007:045 RFC:a Writ ur_ RFgni' UT-TON 9 .«.. 110 Chaittnau Atabtaki and Council Members: On behalf of the Owners of T14fh: (3) 8 - 1 - 002045. Ice would like to recount for you some of the difficulties we haw had in reacltine aaterccmcnt with Occa,tside 1250 our .._crrt„ n. 110 time have we conceptually opposed thc acquisition concept. We have, bowcv. :r, had difficulty discussing with Oceanside 1250 thc problems caused ht the prnnnsed aenoisitinn s these eo+,ate tc severance damages for wllicit it is required to compensate or otherwise acconunodate us for the acquisition. Although we found Oceanside 1250 generally unresponsive_ we have made :nr a nr,orecc in discussdtgth matters with the County of Hawaii's representatives - \F are hopeful that should it be necessary to acquire our property that these items will he resolved satisfactorily. We stand rcadv to continue to work towards the equitable resolution of these matters. A summary of ue,otiations TO date includes. inter alia: • 1. Easements for Access and Utilities Across the Future Highway: After tieing unable to resolve these issues with Oceanside 1250, we finally had to fly to Hilo to meet with Mr. Gerald Takes& the Deputy Corporation Counsel to work out the easement rights. Event' one of our requests was granted subject to review by the County Council_ Please confirm that these agreements arc embodied in the nrnnosed resolution (Please note in the paragr in the draft deed which we sent to Mr - T ka se, starting at the bottom of page 2 and continuing on page 3, the first and second "(rantuf should read "Grantee." and the first 'Grantee" should read "Grantor. ") • 2. Setting the Road Alignment: Oceanside 1250 wanted the rigln to have a 300' leeway to move the road (150' in either direction from the centerline of the a , ccd upon ali urment). \Vc askcd them to_finish the et ring plans and set the alignment. We understand that the proposed condemnation • will not so encumber our property.. Please eontirm_ • 07/26.00 15 ED 12:37 FAX 8083265697 G 07!26/00 WED 12:08 FAX 808 30336 villase Properties. . eouec e: <nen 11 003 e, val z cn We�esCeY. J J6.71500 e'e'd9:11j Hk 1. Reversion of Rights: We have asked for reversionary rights to any slivers of land left over and not dedicated to the County, or all of the land in the rieeht- of -way if the d It, - t^_.,.: «. f7.,1:4 10 construct the road. or all or parts of the right- of -n'as- which become abandoned or excess to the County. 4. Material Default: We asked to be able to withhold closing iftltcy Wel in material default. They balked. They should not be able to acolire.our property ifthrs dr.t).nh '11.1 ti-1-2"" ^_.....:—i`'_ us for acquisition of the right -of -way, or if either they do not develop their property as . pronused or the road is not built 5. Devalued Land: We believe that by cutting the nand in half, the mauka land would be materially devalued. They refused to consider this severance Min...-1 \z ,44.--......4 ... ... rvv 3 :..— _:. , . _.,+_r appraiser, and he acknowledged that such a consideration would be reasonable. Cutrently. our 300 acres run from Mamala hna Ai crh,cc v a. th.r ..,,. +,. tn.., n,.-: r. _ n at the bottom_ 6. Rock Walls: We asked that they construct gravity lava rock walls on the mauka and makai portions of our property abuttitm the nc.w roadway to rent ?nc th. }; .., -,n a,_„ v2. ,.._a._.,., Through. Instead. they altered t a golf course memberships in their new golf course. We accepted. They then reneged and said they could no t o,Ve vicille memf...- ..1. :......• 11 ..d only do a wire fence. 7. Drainage: We \vattted the drainage system to be placed on our property to be des;_fned to a 100 -year storm. They designed it to a 50 -year storm. The industry a..nrinri rr•r + --- 2 -1--+ engineering designs call for a. 100 -year storm. In this regard, their failure to set the alignment makes it impracticable for our engineers to access drni:, "a =, ,.ee rla. $j.t},.t_ depressing the valve of our severed property. 8. Utility Conduit Under Roadnay: We did reach agreement with Oceanside on the placement of open conduit pipe for water, sewer and electrical. tclenhone and cable nttfitir: na,rl-.tha,. ,,.,.l...,,- . ..-,.; :u...._..ii save possible !inure development of our property. This agreement would provide for one 10" potable waterline (inside diameter); one 10" sewer lik gist.,i,i- ,i; ,r..r, - -2 . t , n• (inside dia netcr) conduit and three R" conduit (inside diameter) for tcicphonc elevtrical. 2 • 07/26 11 ED 12:38 FAX 8083267697 Z005 47/x5/00 WED 12.08 FAX 808646 Village Properties, PI 004 Tp: CMrlai epupe rope3 a W.dnq<Yl. lull it 200011:,9714 Pc cable. etc, This should be embodied iti resolution. . 9. Repayment of Consultant Cost: They also agreed to pay up to S25,000 for out -of- pocket evpcnses for actual attorney's fees, engineering fees and other costs ACTllally in,_,,....l and v thin cc associated. with the roadway right -of -way taking Tlns should be embodied in the resolution. 10. Consideration for the Right-of-Way Taking: We had reached agreement with thereon a value of S17,000 per acre for the three plus acres that they were acquiring. This is without prejudice tc =ra cc ntt ,cca to 16.1Vc opers the other severance issues noted, 11. Oceanside Recovery of Roadway Costs: We argued that Oceanside should riot be bcnefitted by recovery of a prorata share of highway cost if our lauds.are- developed with a higher level of use iher, Quintd zoning allows. Our belief is based oaths fact that they would not construct the roadway if they could not recover the cost from their o.ni lot sales. Also, ifthis roadway is suppose to' serve the Beater public need, why should only a handful of adjoining landowners have to shoulder the burden ofpayi ng the developer for monies already recovered? 12. Survey: They had agreed to perform the survey for the remaining acreage if we provided them with the last survey for the property. We are prep: ..d1.r „r., ° - per± with. th . r ' 13. Intersection: Oceanside is to provide one at grade intersection on each side of Me bypass road with a right -of -way measuring sixty feet (60') and a tbm -four foot (44) .paved roadway consisting Of twenty-four feet (24') ofpavctnent with ten feat (10') of shoulder on each side. This was agreed to by bothparties and should be ernhodicdin the resolution_ We would appreciate your consideration ofthc concerns we have outiincd.herein, Thank you. Vcn• t 1v your L---"" Charles R'. Coupe 3