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COM 0901.001 2008-2010
GUY ENRIQUES .. ' <Y , . ENRIQUES ----- • ' Phone: (808) 961 -8536 so. �y , Fax: (808) 961 -8912 Council Member . � o°,•• ;,_ ' • ��� Email: genriques @co.hawaii.hi.us Council District 6 :1 ,� _.:,. j M� M it • er E • OF� H►'• County of Hawai `i Office of the County Clerk 25 Aupuni Street Hilo, Hawai'i 96720 F-� DATE: August 16, 2010 TO: J Yoshimoto, Chairperson and Members of the Hawai`i County Council FROM: Guy Enriques, Council Member RE: Resolution 377 -10 /Communication 901; Old Homestead Road in K`u, a.k.a. Kama`oa oad Please find attached a letter from Planning Director BJ Leithhead Todd regarding this issue, and an email message re- confirming the position of the Planning Department. Also attached are copies of the letters of intent to purchase from five of the six property owners adjacent this road segment. Att: Eight pages GE /bw Coma Ka. 0 • / Serving the Interests of the People of Our Island Ref. To Hawaii County is an Equal Opportunity Provider and Employer Ref. Dote, 1 zo+r( William P. Kenoi ro!_ BJ Leithead Todd Mayor a!!• yid Director : Margaret K. Masunaga off" ° qa� r Deputy �•. '�' OF , County if awari PLANNING 'DEPARTMENT Aupuni Center o 101 Pauahi Street, Suite 3 0 1 -silo, Hawaii 96720 Phone (808) 961 -8288 a Fax (808) 961 -8742 March 1, 2010 Mr. Gerald Takase • Deputy Corporation Counsel Office of the Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, HI 96720 -4262 Dear Mr. Takase: SUBJECT: I(anaa`oa Road, Portion West of South Point Road TMK Plats: 9 -3 -001, 003 & 004; Pakini Nui, Pakini Iki and Kama`oa • Pu'u'eo, Ka`u, Island of Hawaii, ITawai`i This is in. further response to your request for information regarding the County of Hawaii Planning Department's interest in the above - described roadway segment. We have reassessed our opposition to the abandonment and sale of the subject government right - of -way. After having conducted a site visit with an area landowner, it has been determined that the roadway, which is only partially developed "on the ground," does not offer the view plane vistas that were thought to exist. At the end of the public (government) portion of the right -of -way the apparent roadway continues on private lands. Whereas there may be some scenic resource from that private portion of the road, it is unavailable to the general public and therefore we agree that the government portion from the South Point Road westward could be abandoned and sold to the adjacent landowners. It should be made very clear to the prospective purchasers of the right -of -way that, should they wish to subdivide their lands in the future, they may well be required to provide improved roadway access to their lands from the nearest public road (South Point Road) meeting with the requirements of the Hawaii County Code, Chapter 23, Subdivision and to the satisfaction of the Department of Public Works (DPW). Hmvai'i County is an Equal Opportunity Provider and Employer MAR O 2010 • Mr. Gerald Takase, Deputy Corporation Counsel Page 2 March 1, 2010 Should there be need of further discussion on this matter, please don't hesitate to call on us. Sincerely, • BJ LEITHEAD TODD Planning Director JRH: ctc P:\ wpwin6O Uonathan\Legallssues \CoipCou nselKamaoaRoadAbandonmentAgree .doc xc: DPW -ENG Page 1 MI From: BJ Leithead -Todd [bjltodd ©co.hawaii.hi.us] Sent: Monday, August 09, 2010 11:07 AM To: gypsieme ©hotmail.com Cc: Masunaga, Margaret; Lee, Warren; Takase, Gerald; Takaba, Bill Subject: RE: Attn: Bobby Jean Leithead -Todd, Planning Director Aloha Teri, My position on this has not changed as I believe it is primarily a DPW issue. Is this a road that they need for our county roadway system? If it is not, then selling it to the adjoining property owners is consistent with how we have treated other roads /road remnants in the past and it is really up to the County Council as they are the final authority on the matter. Sincerely, BJ From: Planning [mailto :planning ©co.hawaii.hi.us] Sent: Monday, August 09, 2010 10:27 AM To: Leithead -Todd, Bobby Jean Subject: FW: Attn: Bobby Jean Leithead -Todd, Planning Director From: gypsie me [mailto:gypsieme ©hotmail.com] Sent: Friday, August 06, 2010 5:59 PM To: planning ©co.hawaii.hi.us Subject: Attn: Bobby Jean Leithead -Todd, Planning Director Re: Meeting on 4/15/2010 regarding privatization of Kamaoa Rd., a public road. Aloha BJ, It's now been almost 4 months since the meeting. Many emails and phone calls to your office later, we still have not had a reply from you. A committee council meeting is slated for 8/17/10 regarding this issue and we would like to know if there's any change in your position from that of the letter dated 3 -3- 10, now that you know what's involved and that there is great public opposition. Please take a moment at your earliest convenience and aprise us of your thoughts on this issue of undermining civil liberties. We can appreciate that you are a busy person, as we ourselves are busy with farming. Mahalo for your assistance. Peace... :) Teri From: gypsieme ©hotmail.com To: planning ©co.hawaii.hi.us Subject: Attn: Bobby Jean Leithead -Todd, Planning Director Date: Wed, 7 Jul 2010 22:10:38 +0000 8/16/2010 0 MnUA KAMEHAMEHA SCHOOLS December 11, 2009 Council Member Guy Enriques 25 Aupuni Street, Suite 206 Hilo, HI 96720 Dear Mr. Enriques: Interest of Purchasing Old Government Road in Pakini, Ka'u, Adjacent to TMK's No. (3) 9 -3- 001 -006 & (3) 9 -3- 004 -001, Hawaii Kamehameha Schools, a land owner, of the lands adjacent to the Old Government Road in the ahupua'a of Pakini in the District of Ka'u, Hawai'i, express their support to have the County of Hawai'i abandon this roadway, so that it may be sold to the adjacent owners. We hereby approve of the commencement and process of abandonment of the road by the County of Hawai'i. We understand that the costs of the survey and appraisal of the two parcels will be inclusive in the sales price proposed by the County. Should you have any questions, please feel free to call me at 322.5307. Sincerely . 7. . . _ . - - -,, 2 i C - 1 i Kamakani J. Dancil Land Asset Manager Land Assets Division - Hawai'i Island 78 -6831 Ali`i Drive, Suite 234 • Kailua -Kona, Hawai`i 96740 • Phone 808 - 322 -5300 • Fax 808 - 322 -9446 Founded and Endowed by the Legacy of Princess Bernice Pauahi Bishop LETTER OF INTENT TO PURCHASE ROADWAY The undersigned lot owners of the lands adjacent to the Kamaoa Road in the District of Ka'u, Hawai'I, express their desire to have the County of Hawaii abandon this roadway, so that it may be sold to the adjacent owners. We hereby authorize the County of Hawaii to commence with the process of abandoning the property, so that it may be sold to the adjacent property owners. We understand that the costs to survey and appraise this parcel will become the responsibility of the landowners who purchase the roadway and may be included in the sale price. .'� /1 xA tP0r /% /6/0 r Print Name / Da ignature S 1 i tcC. 0 (e- ^- tk 9(ti TMK or address b 3.-73 y 7z{ ',ti Ct ecoi i .g i aRS+r / �� L � cam Phone and/or email LETTER OF INTENT TO PURCHASE ROADWAY The undersigned lot owners of the lands adjacent to the Kamaoa Road in the District of Ka'u, Hawai'I, express their desire to have the County of Hawaii abandon this roadway, so that it may be sold to the adjacent owners. We hereby authorize the County of Hawaii to commence with the process of abandoning the property, so that it may be sold to the adjacent property owners. We understand that the costs to survey and appraise this parcel will become the responsibility of the landowners who purchase the roadway and may be included in the sale price. /J 0 Print Name Date Signature TMK or address d ;i Jc; /<e' y4 4tre . C " �. ► Phone and/or email 2 - 76 ' LETTER OF INTENT TO PURCHASE ROADWAY The undersigned lot owners of the lands adjacent to the Kamaoa Road in the District of Ka'u, Hawai'I, express their desire to have the County of Hawaii abandon this roadway, so that it may be sold to the adjacent owners. We hereby authorize the County of Hawaii to commence with the process of abandoning the property, so that it may be sold to the adjacent property owners. We understand that the costs to survey and appraise this parcel will become the responsibility of the landowners who purchase the roadway and may be included in the sale price. 1 V,,,, iti, limits eaK ill o ti It cf, toot , Print Name Date Signature e 3003 ( - t TMK or address qaq ' VA * Kant' ho /lake .Lov■ Phone and/or email LETTER of INTENT - final.doc 12/8/09 1:53 PM LETTER OF INTENT TO PURCHASE ROADWAY The undersigned lot owners 'of the lands adjacent to the Kamaoa Road in the District of Ka'u, Hawai'I, express their desire to have the County of Hawaii abandon this roadway, so that it may be sold to the adjacent owners. We hereby authorize the County of Hawaii to commence with the process of abandoning the property, so that it may be sold to the adjacent property owners. We understand that the costs to survey and appraise this parcel will become the responsibility of the landowners who purchase the roadway and may be included in the sale price. ,• Fe; s IC (a ©? Print Name Date Signature TMK or address http: // mail. google .com /mail/?ui= 2 &ik= c1470e4e0c& view= att &th= 1252a85781ebab4a &attid= 0.1.1 &disp= vah &zw Page 1 of 1