HomeMy WebLinkAboutCOM 0344.000 2012-2014 ��. ;i� Lincoln S.T. Ashida
,ii, Corporation Counsel
William P. Kenoi �r Mayor ;� ;. Katherine A. Garson
Assistant Corporation
••lli 6;*AO- Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
333 Kilauea Avenue, 2ad Floor• Hilo, Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622
July 3, 2013
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J Yoshimoto, Chairman, and Council Members rc
Hawai`i County Council -.<�
25 Aupuni Street w D
Hilo, Hawai`i 96720 1 c-)
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Dear Chairman Yoshimoto and Council Members: o ,c
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Re: Caroline Mae Smith, Trustee of the Alfred Whitaker Smith Revocable Trust
Memorandum of Agreement–Mamalahoa Bypass Road (south segment)
TMKs: (3)8-1-009:004, and 8-1-009:005
We are transmitting for the Council's review and consideration a resolution for approval
and ratification of a Memorandum of Agreement for the acquisition of and improvements of
Rights-of-Way lots for the above-referenced tax map key numbers for public road and drainage
purposes. Due to the current schedule for the completion of the design of the road and the
prompt payment of monies as fair and just compensation to the owner of the lots, the Department
of Public Works is requesting that this resolution for approval and ratification of the
Memorandum of Agreement be waived through committee and placed on the full Council
agenda at the earliest possible time.
Upon acceptance of the above Memorandum of Agreement, please send notification of
such acceptance to: (1) Mayor William P. Kenoi; (2) Warren H.W. Lee, P.E., Director of Public
Works; (3) Joseph K. Kamelamela, Senior Deputy Corporation Counsel; and (4) Caroline Mae
Smith, Trustee of the Alfred Whitaker Smith Revocable Trust, P.O. Box 2565, Kealakekua,
Hawai`i 96750-2565.
Sincerel
JOSEPH K. KAMELAMELA
Senior Deputy Corporation Counsel
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Enclosure
c w/enclosure: William P. Kenoi, Mayor 3 'P.(
Comm.Np.�
es. I .\ ,.I2 Hawaii County is an Equal Opportunity Employer and Provider Ref.TO: L 201
Ref.Dote.,r 8 3 .
DRU KANUHA o- of"+k� KAREN EOFF
Chairperson YT V,; BRENDA FORD
GREGGOR ILAGAN
DENNIS"FRESH"ONISHI ZENDO KERN
Vice Chair siro.��• VALERIE POINDEXTER
�r. MARGARET WILLE
J YOSHIMOTO
HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building
25 Aupuni Street
Hilo, Hawai`i 96720
July 3, 2013
J Yoshimoto, Council Chair
Hawai`i County Council
25 Aupuni Street
Hilo, Hawai`i 96720
RE: RESOLUTION NO. 141-13 : A RESOLUTION FOR THE APPROVAL AND RATIFICATION OF
THE MEMORANDUM OF AGREEMENT FOR THE MAMALAHOA BYPASS HIGHWAY BY THE COUNTY
OF HAWAII AND CAROLINE MAE SMITH, TRUSTEE OF THE ALFRED WHITAKER SMITH REVOCABLE
TRUST UNDER UNRECORDED TRUST AGREEMENT DATED AUGUST 2, 1985,AS COMPLETELY
RESTATED AND AMENDED BY UNRECORDED FITH AMENDMENT DATED MARCH 4, 1993, FOR THE
ACQUISITION OF AND IMPROVEMENT OF RIGHTS-OF-WAY LOTS 25 AND 26, BEING TAX MAP KEYS:
(3) 8-1-009:004(LOT 25)AND (3) 8-1-009:005 (LOT 26), SITUATED AT KA`AWALOA, DISTRICT OF SOUTH
KONA, ISLAND, COUNTY AND STATE OF HAWAII.
Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of
Hawai`i, this written request is submitted with my approval that the above-referenced matter be
waived from the Committee on Public Works and Parks and Recreation to the full Council for
immediate action. In reviewing this matter, timely approval is crucial. It is therefore
advantageous that approval is granted and the matter be placed onto the next Council agenda for
review. However, in the event this request is denied, for whatever reason, I understand the
matter shall be referred to the Committee on Public Works and Parks and Recreation for
placement on its future agenda.
Sincerely,
Dru Kanuha, Chair
Committee on Public Works and Parks and Recreation
Approved/Date/Waive to Council: Disapproved/Date/Refer to PWPRC:
t6./J Yoshimoto, Council Chair J Yoshimoto, Council Chair
Hawai`i County Council Hawai`i County Council
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Hawaii County is an Equal Opportunity Provider and Employer