HomeMy WebLinkAboutCOM 1033.003 2016-2018 _Fineile
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Law Offices of Yeh& Moore 'THOMAS L H.YEH
A Limited Liability Law Company dy;ityehandmoore.com
Of Counsel
10 Kamehameha Avenue,Hilo,Hawaii 96720-2830 MICHAEL e MOORE
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Telephone (808)961-0055 JILL D.RAZNOV
jdraznov iymiail.com
*REVISED VERSION*
(corrected resolution no)
September 11,2018
Honorable Maile David
Finance Committee
Hawaii County Council
25 Aupuni Street o n
Iilo, Hawai'i 96720 «> C c)
0
Re: Resolution No. 662-18; Grant of Public Access Easement • —'
Halawa,Napaa and Papapa'a, District of North Kohala — o-11
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TMKs: (3) 5-3-007:010 (por.) and 014 (por.) r'
t
(Meeting Date: October 2, 2018) >rn
3
eD
Dear Chair David and Members of the Finance Committee:
As a followup to your September 4,2018 meeting on the above, we are providing you
with pertinent information for your review.
By way of background, this office represents Vipassana Hawai'i, a Hawai'i non-profit
corporation which is formed to promote meditation based in Buddhist traditions. As part of its
assets,Vipassana Hawai'i (VH) owns Parcel 10 as identified above. Inhabit LLC owns
Parcel 14.
The proposed grant of easement for pedestrian purposes is the culmination of a long
history of negotiations and input from public agencies interest groups originating in 2002, when
Surety Kohala Corporation was in the process of subdividing former sugar cane lands of which
these shoreline parcels are a part. A settlement agreement between the County and Surety
Kohala included the proposed access as a subdivision requirement.
Consistent with the terms of the settlement agreement,when VH acquired Parcels 10 and
14 (Inhabit LLC later acquired Parcel 14), it commenced negotiations with the County to
complete the grant of access requirements once the Planning Department adopted its Rule 21,
relating to the County's management of public access locations.
Input from the State Historic Preservation Division(SHPD), the North Kohala
Community Access Group (NKCAG) and the Ala Kahakai Trails Access entity,together with
on site consultation, resulted in a trail location considered to be optimum under the
circumstances. A composite map depicting the proposed trail location, which avoids crossing
historic sites, allows for steep slopes to be traversed diagonally, and is situated at a safe location
away from cliff edge,while respecting private property interests, is enclosed for your review.
Comm. No.. 0/1).�
Ref.To: Pim
Ref. Date OCT 0'1 2018
Law Offices of Yeh&Moore
A Limited Liability Law Company
Honorable Maile David
Finance Committee
Hawaii County Council
September 11,2018
Page 2
The Kona end of the trail is located in the vicinity of the Kohala Lighthouse. The Hilo
end of the trail is at Kapanaia Road,where the County recently acquired land for public use. Just
south of the area is the Hale 0 Ka'ili Heiau,built by Kamehameha I. The access location runs
along the coast,on top of bluff areas and crosses Halelua Gulch and Halewa Gulch. Within the
gulch areas are located a heiau and agricultural terraces. The coastline is home to native seabirds
and the views are spectacular. Somewhat unique in this lateral access concept is the requirement
that the trail may be relocated when erosion occurs. However,the trail is located at a safe
distance from the shoreline or cliff edge.
As the area is still considered pristine,it is also important that those who access the area
respect the historic and natural resources and use the access in a safe manner. In the past,there
have been incidences of misuse of the area, such as rave parties, camping,the burning of fires
and littering. Hence, assuring that the pedestrian access to be allowed is subject to certain basic
restrictions is an important component of the access. Towards this end,the proposed Grant of
Public Access Easements (GOE)references compliance with the Planning Department's Rule 21,
prohibits the use of motor vehicles (with the exception of County maintenance vehicles),
prohibits hunting and firearms, and allows for consultation in the placement of public
information signs.
A copy of the proposed GOE form is also enclosed for your review. Please feel free to let
us know if you have any questions or are in need of additional information at this time. Your
consideration of the above is appreciated.
Very truly yours,
LAW OFFICES OF YEH& MOORE
THOMAS L. H. YEH
Enclosures
cc: Planning Department
Office of the Corporation Counsel
Toni Withington,NKCAG
Inhabit LLC
Vipassana Hawai'i