The URL can be used to link to this page

Home My WebLink AboutCOM 0698.000 2014-2016 William P. Kenoi •-o+,77.7"+.,. Molly A. Stebbins Mayor '7 ��,I,i,;' ' Corporation Counsel *' : "ft i., William V Brilhante, Jr. e� Assistant Corporation +�' i Of•N�'�'`• Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo, Hawaii 96720 • (808)961-8251 • Fax(808)961-8622 ra R CD February 8, 2016 -_r? - Dru Kanuha, Chairman, and Council Members Hawai`i County Council """ 25 Aupuni Street ``. -; Hilo, Hawaii 96720 v; _ Dear Chairman Kanuha and Council Members: Re: D.R. Horton—Schuler Homes, LLC, dba D.R. Horton-Schuler Division Pualani Estates at Kona Phase 1 —Grant of Easements - Drainage TMK: (3) 7-5-041:004, (3) 7-5-042:012, (3) 7-5-041:039, (3) 7-5-041:051, (3) 7-5-041:010 (por.), (3) 7-5-041:011 (por.), (3) 7-5-041:024 (por.), (3) 7-5-041:025 (por.), (3) 7-5-041:026 (por.), (3) 7-5-041:027 (por.). (3) 7-5-041:030 (por.), (3) 7-5-041:031 (por.), (3) 7-5-014:034 (por.) and(3) 7-5-017:032 (por.) Transmitted herewith for Council approval is a resolution accepting the Grant of Easements from D.R. Horton-Schuler Homes, LLLC, dba D.R. Horton-Schuler Division to the County of Hawai`i. Also attached is a copy of Exhibit A and Exhibit B to the Resolution as well as copies of approval letters from the various departments concerned. Very trulyyouurs, ., .> RONALD KIM Deputy Corporation Counsel RK:evh Enclosures c w/encs: Mayor William Kenoi K'ReS. 1411.110 , Comm. No. , Ref. To; fW� ; Ref. Date FEB 1 2 Hawaii County is an Equal Opportunity Employer and Provider °ff•. 4 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII y'' 0. o�'HAWON• 3 4 5 KEKUANAO`A STREET. SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 June 14, 2012 TO: Mr. Lincoln S. T. Ashida, Corporation Counsel ATTENTION: MR. WILLIAM BRILHANTE,DEPUTY CORPORATION COUNSEL FROM: Quirino Antonio, Jr., Manager-Chief Engineer SUBJECT: GRANT OF EASEMENT (DRAINAGE) PUALANI ESTATES AT KONA, PHASE 1 GRANTOR: D.R. HORTON-SCHULER HOMES,LLC TAX MAP KEYS (3) 7-5-041:004,010, 011,024, 025, 026, 027,029, 030,031, 039, AND 051; (3) 7-5-042: 012 AT PUAPUAAIKI AND PUAPUAANUI,NORTH KONA, ISLAND OF HAWAII, HAWAII We have reviewed the subject grant of Easement document and have no objection to it being accepted by the Hawai`i County Council. However,the address of the County of Hawai`i as the Grantee should also appear on the cover page. Should there be any questions please call Mr. Ronaldo B. Aurelio at(808) 961-8070. Sincerely yours, \4140.A.A# Quirino Antonio,Jr., P.E. Manager-Chief Engineer RBA:dfg . . .Water, Our Most Precious Resource . . . Ka Wai A Kane . . . William P. Kenai :•tea?"1Y'?s•"•'•`. BJ Leithead Todd LIaY'ar � . `. Director •:off*. , :`, . � Margaret K. Masunaga s 4 ,.�4`, j. 4. •� Deputy West Hawai`i Office East Hawaii Office 74-5044 Ane Keohokalole Hwy101 Pauahi Street,Suite 3 Kailua•Kona,1-Iawai'i 96740 County of Hawai`i Hilo,I lawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MEMORANDUM TO: Cathy Hall, Supervising Legal Clerk II for William Brilhante, Deputy Corporation Counsel- FROM: BJ Leithead Todd, Planning Director DATE: June 19, 2012 SUBJECT: Grant of Easements: Pualani Estates at Kona Phase 1 Subdivider: D.R. I-Iorton —Schuler Homes, LLC Final Subdivision Approval No. SUB 7653 (fka SUB-90-000143) TMK: 7-5-041:004, 0 10, 01 1, 024, 025, 026, 027, 029, 030, 031. 039& 051; TMK: 7-5-042:012 We have reviewed the subject Grant of Easements for Pualani Estates at Kona Phase 1 and recommend that it be accepted by the County Council inasmuch as the site is in full compliance with the provisions of Chapter 23 (Subdivisions) of the Hawaii County Code to the extent applicable. ETC:1nm P:'Admit)Permits DivisionySubdivisioni2012'SUE3c2012-2\SUB7653SchulerHomesPualaniEstPh1GrantE:asementsCORPCNSL.doe www.:.clthplatipingdent.com Nawai'i County a an Equal Opportunity Provider and Employer planninc Ico.hawaii.hi.us DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: November 6, 2015 Memorandum TO: Renee Schoen, Deputy Corporation Counsel FROM: arren . W. Lee, Director i / j/t— e( ite SUBJECT: GRANT OF EASEMENTS — DRAINAGE Grantor: D.R. Horton — Schuler Homes, LLC Subdivision: Pualani Estates Phase 1 Tax Map Key: 7-5-041:001 to 054, 7-5-042:001 to 78, portion of 151 DPW Fldr No.: 75210-Al We have reviewed the grant of easements notarized on May 28, 2009 and recommend that it be accepted by the Hawaii County Council inasmuch as the subject drainage improvements have been inspected and are in compliance with the provisions of Chapter 23, Subdivisions, of the Hawaii County Code. In addition, we do not have any objection to the Sewer Dedication Location Map as it pertains to identifying and defining the easements for drainage purposes. Questions may be referred to Robyn Matsumoto at 961-8924. RM c: D.R. Horton — Schuler Homes, LLC —Attn: Vanessa Yanagawa Sidney Fuke Planning Department ENG - KONA County of Hawaii is an Equal Opportunity Provider and Employer • • 1' Dora Beck,P.E. William P.Kenoi • „ 1: Acting Director Mayor •• •_ William T.Takaba •. .N4 - Managing Director 44, (gaunt of Ant=4I DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo,Hawaii 96720 (808)961-8083 • Fax(808)961-8086 http://co.hawaii.hi.us/directory/dir envmng.htm MEMORANDUM Date : November 9, 2012 To : Kathy Garson, Deputy Corporation Counsel From: DORA BECK, P.E., Acting Director ibb Subject: Pualani Estates Phase I and II Grant of Easements(Drainage—Pualani Estates at Kona Phase I) Grant of Easement and Bill of Sale(Sewers—Pualani Estates at Kona Phases I and II) Review of the documents indicates that the properties identified in the Grant of Easement appear to be correct based on Sewer Dedication Location Map -Pualani Estates Subdivision Phase I (File Plan 2352)which was provided by D.R. Horton—Schuler Homes, LLC. As the easements are identified as Drainage and Utility Easements, it is recommended that other County agencies such as the Department of Public Works and Department of Water Supply be consulted as Department of Environmental Management Wastewater Division does not possess information regarding installation of other utilities. Also, please note Deputy Corporation Counsel Ivan Torigoe's comments enclosed. enclosure County of Hawaii is an Equal Opportunity Provider and Employer. Henry, Sharron From: Torigoe, Ivan Sent: Thursday, November 08, 2012 2:21 PM To: Henry, Sharron; Hall, Cathy Cc: Hirota, Lyle; Beck, Dora Subject: RE: Pualani Estates Phase I and II Let me also add that in indemnification clauses like Paragraph 2 of the drainage easement, if this is basically for the benefit of the developer to finish the project, I'd prefer to reject the indemnification clause altogether. If we can't get them to remove it, condition it with: "To the extent permitted by law, and subject to any necessary appropriations, availability of funds, and County financial procedures . . ." Or use a version of the clause that the state uses, which says something like"The state will be liable only when and to the extent found liable by a court or tribunal with jurisdiction over any claim, or to the extent that the state agrees to be responsible for damages." But I guess that's for Bill to determine. Ivan M.Torigoe Deputy Corporation Counsel Phone:(808)961-8083 Mail: 333 Kilauea Avenue, 2d Floor Hilo, Hawaii 96720 The information contained in this e-mail transmission,including all attachments,is confidential,and intended to be sent only to the stated recipient of the transmission,and therefore may be privileged.The use of this information is intended for the sole use of the individual named as the recipient of this transmittal.If the reader of this message is not the intended recipient or the intended recipient's agent,you are hereby informed that any review,dissemination,distribution or copying of the information contained in this e-mail transmission is strictly prohibited without the prior approval of the named recipient.You are further requested to contact the sender by calling(808)961-8251 and to return this e-mail transmission.Your cooperation is appreciated. From: Henry, Sharron Sent:Thursday, November 08, 2012 12:35 PM To: Hall, Cathy Cc: Hirota, Lyle; Beck, Dora;Torigoe, Ivan Subject: FW: Pualani Estates Phase I and II Cathy,see email below from Wastewater Division. Thanks. Sharron Henry Secretary to the Director County of Hawai'i Department of Environmental Management Mailing Address: 25 Aupuni Street Physical Address: Puainako Town Center, 2100 Kanoelehua Hilo, HI 96720 Phone: 808.961.8083 or 808.981.8398 Fax: 808.961.8086 or 808.981.2092 Email: schenrvCa).co.hawaii.hi.us cohdemaco.hawaii.hi.us 1