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Home My WebLink AboutCOM 0699.000 2014-2016 William P. Kenoi '..ill°`"!v . Molly A. Stebbins Mayor • :. .:•." , \\%l/> ' Corporation Counsel ___..24p •f: William V Brilhante, Jr. . =�=o�; Assistant Corporation '>E 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 -v J February 8, 2016 _ ' p Dru Kanuha, Chairman, and Council Members Y Hawai`i County Council _� 25 Aupuni Street Hilo, Hawaii 96720tn ._ 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 and 2—Bill of Sale and Grant of Easements 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 Bill of Sale and Grant of Easements from D.R. Horton-Schuler Homes, LLLC, dba D.R. Horton-Schuler Division to the County of Hawaii. 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 truly ypurs, n.- RONALD KIM' Deputy Corporation Counsel RK:evh Enclosures c w/encs: Mayor William Kenoi 'e S . LAI'k6 Comm. No. riq Ref. To: RG Ref. Date FEB 1 2 2Qjj Hawaii County is an Equal Opportunity Employer and Provider Q0 V4 ALE:!,?,4, a4 -sc•o t19 9 t • )• pp � .,_�� DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII oFNpWS\� P 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961 -8050 • FAX (808) 961-8657 July 13, 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 AND BILL OF SALE - SEWER SYSTEM PUALANI ESTATES AT KONA PHASES 1 AND 2 GRANTOR: .R HORTON-SCHULER HOMES,LLC TAX MAP KEYS (3) 7-5-041:004, 011,024, 025,026,027 AND 029; (3)7-5-042:012 AT PUAPUAAIKI AND PUAPUAANUI, NORTH KONA, ISLAND OF HAWAII, HAWAII We have reviewed the subject Grant of Easement and Bill of Sale documents and have no objection to it being accepted by the Hawai`i County Council. Should there be any questions please call Mr. Ronaldo B. Aurelio at(808) 961-8070. Sincerely yours, Quirino tonio, Jr., P.E. Manager- 'ef Engineer RBA:dfg . . .Water, Our Most Precious Resource . . . KC'a Wai A Xane . . . `�-o:;,.�r BJ Leithead Todd William P Kenoi moo.• tla>or ; =Y 11r .�• Director . __„1e•r : Margaret K. Masuna°a West Hawaii Office East Haw ai`i Office 74-5044 Ane Keohokalole Hwy • • 141 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawal`1 Milo,Hawaii 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 11 for William Brilhante, Deputy Corporation Counsel FROM: y?.-BJ Leithead Todd, Planning Director DATE: July 12, 2012 SUBJECT: Grant of Easement and Bill of Sale: Pualani Estates at Kona Phases 1 and 2 Subdivider: D.R. Horton— Schuler Homes, LLC SUB 7653 fka SUB-90-000143 (Ph. 1): FSA-SPH-05-0000041Ph. 2) We have reviewed the subject Grant of Easement and Bill of Sale documents (sewer line) for Pualani Estates at Kona Phases 1 and 2, and recommend that they be accepted by the County Council as the project site is in full compliance with the provisions of Chapter 23 (Subdivisions)of the Hawaii County Code, to the extent applicable. FTC:Inm I'AAdmin Permits Division!Subdivision'2012vStiBe20t2-3;SUB7653&FSA-SPH-45- 004SchulerHomesPual<iiEstKonaPhsl&2Granto(Easement&BilioISaleCORPCNSI 07-12-12 doe tnylk:cohplgtnindeirt_cr)nt Hrrirar i Countyis an Equal Opportunity Provider and Ernphver plannin :ii co hawan.hi us William P.Kenoi +:A *�- Dora Beck,P.E. .' .,._ • f: Acting Director Mayor William T.Takaba • ,• ••o:•N!�`�' Managing Director attuzlf r of Pain=`t 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 09 IJ►1 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 1 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: schenrvc co.hawaii.hi.us cohdemOco.hawaii.hi.us 1 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: November 13, 2015 Memoranilum TO: Renee Schoen, Deputy Corporation Counsel FROM: ,!if arre I. . Lee, Director t SUBJECT: GRANT OF EASEMENT & BILL OF SALE — SEWER SYSTEM Grantor: D.R. Horton — Schuler Homes, LLC Subdivision: Pualani Estates Phase 1 & 2 Tax Map Key: 7-5-041:004 & 7-5-042:012 DPW Fldr No.: 75210-Al We have reviewed the subject grant of easement and bill of sale and have no objection to them being accepted by the Hawaii County Council. We do defer to the Department of Environmental Management for the final decision as the utilities included would fall under their jurisdiction. 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