HomeMy WebLinkAboutREP PWC 153 04/21/1987 1984-1988 REPORT OF THE
COMMITTEE ON PUBLIC WORKS
DATE: April 21 , 1987
PLACE: Councilroom
TIME: 10 : 00 a .m.
Chairman and Members
Hawaii County Council
Hilo , Hawaii 96720
/your Committee on Public Works to which was referred Communication
No . 968 and 968 .1 , reports as follows:
Communication No . 968 is a transmittal letter from the Corporation
Counsel which forwards for acceptance road dedication deed for a
segment of roadway which abuts the Hawaiian Trust Subdivision , Olaa ,
Puna Hawaii ; TMK 1-17-13 :por .01 .
Communication 968 .1 is a follow up to Communication 968 which advises
the Council that the roadway parcel being tendered for dedication has
not been constructed to County dedicable standards .
Your Committee has received testimony from Mr . Alan Okamoto, Attorney
for the Grantor , advising that this subdivision is part of the 3 ,300
acres of land which was given by AMFAC to the former employees of the
Puna Sugar Company. Mr . Okamoto advises that in the process of
transferring the property to its beneficiaries , the encroachment of
the public road unto private property was discovered. It is the
desire of Mr . Okamoto 's clients , who recognize that the County of
Hawaii has assumed maintenance responsibility and control of this
public road, to tender title of that portion of the road and its
shoulders , presently located on private property, to the County of
Hawaii .
Your Committee has also received testimony from the Department of
Public works advising that title to this public road , also known as
13 Mile Road, probably rest with the State of Hawaii . The Department
of Public Works , advises that the County of Hawaii has been the
governmental entity which has assumed maintenance responsibility for
this road and that the existing road does not stay within the
established right-of-way. The Department of Public Works , having
checked the descriptions of the road dedication deed , acknowledge
that the tendered parcel is part of an existing County maintained
road .
PWC REPORT .___153__._.._
ADo i cn: MAY 2 0 1987
PWC-153 Page 2 April 21 , 1987
The Corporation Counsel has reviewed the dedication deed and in
transmitting it to the Council , does advise that the conveyance deed
is of proper form and legality. The Corportion Council , however ,
does point out that the dedicated parcel is not to County standards
and that there are potential liability problems inherent with
substandard roads . The Corportion Counsel did clarify this caveat by
informing your Committee that these concerns were not of any
anticipated additional liabilities to the County but that of a
general liability inherent with the ownership and maintenance of a
substandard road . The Corporation Counsel further advises that the
County is not obligated to accept dedication , however should the
Council decide to do so , it would then put the County in position to
ask the State for the transfer of title to the remaining portion of
the roadway giving the County clear title to the road .
Your Committee on Public Works is aware of our County 's present
liabilities and responsibilities with respect to the 13 Mile road .
Your Committee does not foresee the closure of this roadway by
government nor does it anticipate that the State will ever assume
responsibility for maintenance of this public roadway. Your
Committee , therefore , finding that the conveyance is proper and that
the dedicated parcel is part of a County maintained roadway,
recommends acceptance of the dedication deed by the Council and its
subsequent recordation with the Bureau of Conveyances . Your
Committee further rcommends that the Department of Public works also
pursue title to the remaining portion of the roadway from the State
of Hawaii .
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M ' LE K. LAI, CHAI• OMAN
.
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RUSSELL S . KOKi■BUN, VICE CHAIRMAN FRANK DE LUZ III, MEMBER
TAKASHI DOMINGO, MBER ROBERT N. HERKES, MEMBER
LA/GM