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Home My WebLink AboutCOM 0749.000 2014-2016 William P. Kenoi o,+<r,°`"+y; Molly A. Stebbins Mayor `•' :'n '4't Corporation Counsel "`r'• William V. Brilhante, Jr. '•o, mm-- Assistant Corporation ................ Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo, Hawaii 96720 • (808)961-8251 • Fax(808)961-8622 r--.a March 7, 2016 j'-'' Dru Kanuha, Chairman, and Council Members Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 Re: Amending Resolution No. 129-13 (Draft 2): (1) Accepting the Dedication ift Lots 108, 109, 111 and 112 on File Plan 2463 Being Tax Map Keys: 7-3- 063:012, 013; 7-3-064:021, 022, Situated at Kohanaiki, District of North Kona, Island of Hawaii and State of Hawaii, from Kohanaiki Shores LLC; (2) Authorizing the Granting of an Exclusive Easement to Kohanaiki Shores LLC Over Lots 108 (por.), 109, 111 and 112 on file Plan No. 2463 and Tax Map Keys 7-3-063:012 (por.), 13; 7-3-064:021, 022, Situated at Kohanaiki, District of North Kona, Island, County and State of Hawaii; and (3) Accepting a Grant of Public Access Easement from Kohanaiki Shores LLC Being a Portion of Grant 3086 to Kapena Affecting Lot 107 and a Portion of Road Lot A of the Shores at Kohanaiki Resort Subdivision as Shown on File Plan No. 2463, and a portion of Grant 2942 to Hulikoa, Affecting a Portion of Parcel 4 Being Tax Map Key 7-3-009:016 (por.); 7-3-063:011, 14 (por.) Situated at Kohanaiki, District of North Kona, Island of Hawaii`i and State of Hawaii, From Kohanaiki Shores LLC Dear Chairman Kanuha and Council Members: Transmitted herewith for Council's approval is a resolution to amend Resolution No. 129-13, which authorized certain approved easements including easements over TMK 7-3-063:012: (por.), 013 and 7-3-064:021, 022. We are asking the Council to consider amending Resolution No. 129-13 because Kohanaiki Shores LLC has proposed an Amended and Restated Grant of Exclusive Easement to revise the descriptions of the above-described easements in order to implement those easements in accordance with the original intent of Resolution No. 129-13. The Parks Department, Planning Department, Department of Environmental Management, Department of Public Works, and Finance Department have reviewed and approved of the form and content of the proposed Amended and Restated Grant of Exclusive Easement. ((Zes. 99?-lb1149 Comm. No. Hawaii County is an Equal Opportunity Employer and Provider Ref. TO: PW C' Ref. Date MAK x, 16 Dru Kanuha, Chairman and Council Members March 7, 2016 Page 2 of 3 We respectfully request that the aforementioned resolution be placed on the April 5, 2016, Council Committee agenda. Sincerely, RO• • D KIM Deputy Corporation Counsel RK:rkl Enclosures Ll1: BJ Leithead Todd William P.Kenoi �,:'�%/=.; Mayor Director - sir •r•` "°�: Walter K.M.Lau John A.Medeiros �+oF'�►�'- Managing Director Deputy Director ILIUflN of%Anil DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 KekuanaO`a Street,Suite 41 •Hilo,Hawaii 96720-4224 (808)961-8083•Fax(808)961-8086 cohdem@co.hawaii.hi.us MEMORANDUM Date : September 14,2015 l'o Renee N. C. Schoen, Deputy Corporation Counsel From : BJ Leithead Todd, Director ! � Subject : Kohanaiki Shores, LLC Amended and Restated Grant of Exclusive Easement TMK (3) 7-3-063:012 (por.), 013; (3) 7-3-064:021, 022 We have no comments to offer on the subject Grant of Exclusive Easement. Thank you for the opportunity to offer our comments. County of Hawai`i is an Equal Opportunity Provider and Employer. po WATER 6 = 19f ;9� o ^, DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 .HAWP, d TELEPHONE (808) 961-8050 • FAX (808) 961-8657 September 16, 2015 TO: Ms. Molly A. Stebbins, Corporation Counsel ATTENTION: MS. RENEE N. C. SCHOEN, DEPUTY CORPORATION COUNSIL FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: AMENDED AND RESTATED GRANT OF EXCLUSIVE EASEMENT GRANTOR: COUNTY OF HAWAII GRANTEE: KOHANAIKI SHORES, LLC KOHANAIKI,NORTH KONA, ISLAND OF HAWAII, HAWAII TAX MAP KEY 3rd 7-3-019:037,(ROAD LOT "A") We have reviewed the subject document and have no objection to its acceptability. Should there be any questions, please call Mr. Ronaldo B. Aurelio at(808) 961-8070. Sincerely yours, 614M+ Keith K. Okamoto, P.E. Manager-Chief Engineer RBA:dfg . . .Water, Our Most Precious Resource . . . 7(a Wai A sane . . . The Department of Water Supply is an Equal Opportunity provider and employer. J, ' ``r Clayton S. tlonma William P. Kenoi ;i,: ,, , ,) Director Mayor '\' 1 Kenneth J. Van Bergen County of a iai' Deputy Director DEPARTMENT OFC PARKS AND RECREATION 101 Pauahi Street,Suite 6•Hilo, Hawaii 96720 (808)961-8311 •Fax(808)961-8411 TO: Ronald Kim FROM: Kenneth J. Van Bergen DATE: December 16, 2015 SUBJECT: Kohanaiki Shores, LLC —Amended and Restated Grant of Exclusive Easement TMKs: (3) 7-3-063:012 (por), 013; (3) 7-3-064:021,022 The Department of Parks and Recreation has no comments or objections to the Amended and Restated Grant of Exclusive Easement for the subject TMKs. County of Hawaii is an Equal Opportunity Provider and Employer. Fujio, Mary From: Sako, Deanna Sent: Tuesday, September 15, 2015 11:54 AM To: Fujio, Mary Cc: Nacis, Erin; Schoen, Renee Subject: RE: Kohanaiki Park - Amended and Restated Grant of Exclusive Easement Attachments: RE: Kohanaiki Park - Amended and Restated Grant of Exclusive Easement Follow Up Flag: Follow up Flag Status: Flagged Hi — Please see the attached response from Property Management. I am pretty sure that P&R is also reviewing. Could you please let us know when the easements are completed—then we let Real Property Tax know to make the changes. We are fine with the amended easement as long as Parks and Recreation is. Thanks! Let me know if you need anything else. Deanna From: Fujio, Mary Sent:Thursday, September 10, 2015 12:58 PM To: Sako, Deanna <Deanna.Sako@hawaiicounty.gov> Cc: Nacis, Erin<Erin.Nacis@hawaiicounty.gov>;Schoen, Renee<Renee.Schoen@hawaiicounty.gov> Subject: Kohanaiki Park-Amended and Restated Grant of Exclusive Easement Good afternoon— Attached is a memo to you from Renee Schoen and referenced documents. Please forward this to the appropriate staff for review and input. Thank you. Mary E.Fujio Legal Technician to Renee Schoen,Jennifer Ng,and Noralynne Pinao Office of the Corporation Counsel County of Hawaii 101 Aupuni Street,Suite 325 Hilo,Hawaii 96720 Telephone:(808)961-8251 Facsimile:(808)961-8622 Email: mary.fujio@hawaiicounty.gov 1 William P.Kenoi • ;!10-1!.. !+•�' •, Duane Kanuha Mayor ' • "?� Director ��•�`"s r /.• Bobby Command :--_ � , ,. •g'�x . Deputy Director' �o?'M►� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 TO: Renee N. C. Schoen D:•rty Corporation Co - el FROM: I' .an- anuha, Director Planning Department DATE: September 18, 2015 SUBJECT: Kohanaiki Shores, LLC—Amended and Restated Grant of Exclusive Easement TMKs: (3) 7-3-063:012 (por), 013; (3) 7-3-064:021, 022 The following is in response to your request for comments dated September 10, 2015, regarding the acceptability of the enclosed Amended and Restated Grant of Exclusive Easement. The Amended and Restated Grant of Exclusive Easement between the County of Hawai`i "Grantor" and Kohanaiki Shores"Grantee"revises easements that COH Parks and Recreation determined are necessary to fulfill the maintenance commitments they have with the Shores. The revised easements do not appear inconsistent with SMA 439 (conditions 11 & 12) and the included language states that no revisions in the easement document"shall be interpreted to limit the public access granted by the Grantee under the Grant of Public Access Easement dated July 10,2013...". One of the new easements, Easement G13, is an archaeological easement and is included in the Exclusive Easement Area. It should be verified that this inclusion does not conflict with any traditional rights of access to this site as approved by the SHPD in any approved preservation plan(s). We recommend including the language "to the extent allowed by existing permits,"on page 3, line 4, after"...The Shores at Kohanaiki,". Additionally, Exhibit A-2 needs corrections to the TMK references for easements G13, G14, G15, G16 and G17. Edits identified in green on the enclosed. Please refer any questions regarding this review to Lucas Mead at 961-8140. 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