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HomeMy WebLinkAboutCommunication No. 2019-11- NKCDP RR Trail Plans Maps DraftNorth Kohala Segments Project Information Th following provides information on parcel numbers, property ownership, legal access information, and a summary of identified opportunities and issues. The segments are broken up to allow for analysis and ease of viewing. More detailed information, such as instrument number, official legal documents, real estate information, and notes, is provided in the text of this report. The property ownership information reflects the time in which this report was drafted and may be updated as properties change hands. This report will be used as a means to determine the next steps and strategies necessary to transform the concept of the North Kohala Rail Trail into a reality. Goy: };I{ -:\IL'\ -'f. .KOHA.I HAWAII - .. .. � - �--�- I-LtV.•:1[•Vrl To I_Al'Ir1I.OLO:1 I }i..r•rn 0., r..n. 1 ' F 7 � � �, C r � �• K r 1705 Comm. No. 2019-11 Mahukona - Segment 1 Property Information 1O TMK 57003003000, privately owned. O2 TMK 570020110000, privately owned. 3O TMK 560010370000, State of Hawaii. Opportunities: Hui Mamalanoa, a Kohala native Hawaiian organization successfully achieved the existing public access over thejeep trail on the RR ROW. It is gated at Mahukona, allowing only pedestrians to use the trail. Property 1 and 2 includes a vehicular/railway easement along the old railway parallel to and mauka of the shoreline that shall constitute a floating shoreline easement, subject to relocation with approval by the State of Hawaii. Property 2 includes information that pertains to both properties and includes a vehicular/railway easement along the old railway road parallel to and mauka of the shoreline that shall constitute a floating shoreline easement, subject to relocation with approval by the State of Hawaii shoreline. Shoreline Conservation District You are entering the shoreline conservation district. Hiking is permitted on the old railroad bed and shoreline trails only. The area contains culturally significalti, . fragile sites. - I Existing trail that is used by hikers. Do not 1TMo.re, removc, or alter any part of the landscape - The area is flat and has opportunities for wayfinding, interpretation, and f{ Be aware of large wares a40 6ngerozrs Cliffs, • observations of both the land and sea. 'al Stay ons. Remnants of the rail tiles present in some locations. State park/harbor at Mahukona has camping facilities and parking for the gateway to the trail. There may be opportunities for partnership with the State, including resources to showcase this location as the gateway and the starting point of the Rail Trail, with interpretive opportunities. • The CDP calls for the public purchase of the Mahukona South and North LLC properties, totaling 435 acres. • This area is home to hundreds of historic sites, allowing for protection and interpretation of the area. • The former depot of the railroad is still intact at the harbor. Issues: Ownership is in private hands, so need to be aware of any changes at Mahukona. There is a need to assess any cultural or historis resources that should be highlighted, interpreted, and/or avoided throughout this section. County park/State harbor at Mahukona - Facility upgrades such as parking and restrooms have been long delayed. Vehicular access is technically allowed, which could be in conflict with trail use. Kukuipahu - Segment 2 Property Information All of the properties within this section are owned by Kukuipahu Makai LLC. It is also known as Parker Ranch subdivision and has been identified in the CDP as an outstanding property for preservation. While the community believes it should be preserved, per the CDP, this has been a property intended to be consolidated, subdivided and used as a residential development. Vehicular access on an existing paved road in the Subdivisions 7520, 7521 and 7526 or alongside the property was identified in the CDP. Within the public records found, there are declarations for public access (Document No 2002-082864), which states: "A perpetual, non-exclusive, ten foot wide easement for pedestrian public access purposes over, upon, across and through Lot 21, as shown on the map. Accordingly, in order to assure that public pedestrian access is provided within the property to and along designated shoreline access areas or mountain areas, as applicable, the Declarant and the County hereby agree to be bound by, and to encumber portions of the property by redecoration of this easement." This access is for pedestrian access only, and includes a mauka-makai connection from the highway, and then along the coastline.The legal map shows the coastline easement and the RR ROW, however the RR ROW is not marked as public in this stretch. Opportunities: This has a flat area that traverses the coastline. There are opportunities for the trail within the Ala Kahakai NHT corridor. If the actual railroad ROW is not permitted through this area, there is still access through as part of the Ala Kahakai National Historical Trail. There appears to be trail easements within the properties; however, more research will need to be done to determine the locations and the public access rights to these areas. The properties within this corridor have one owner, Kukuipahu Makai LLC, potentially making negotiations easier. There is an access road to the ocean at Kapaa Park, a County of Hawaii park. This park provides parking and access to the trail. The site has outstanding historic and recreation use and was singled out by the CDP for preservation. It has been on the County Open Space Priority List for purchase eleven times since 2007. Access is identified in the CDP. Issues: We have not been able to get onto the land to assess the condition. Drone footage here would be helpful to include as we have not been able to get access. Photo 4 shows the railroad ROW on an elevated berm of the ROW. Negotiations with landowner have been challenging, as the property was subject to foreclosure recently. • Vehicular access on an existing paved road in the Subdivisions 7520, 7521, and 7526 or alongside the property was identified in the CDP. Vehicular access for the public was not provided in the above subdivisions, but should have been. Archaeological work will have to be done before trail and access are located. Puakea/Honoipu - Segment 3 Property Information 1O TMK 56001108000, privately owned. Buildings and a pool on property. The RR ROW has been shown on this property and the State Historic Preservation Division instructed that no more breaches to this alignment be made. O2 TMK 56001109000, privately owned, no buildings. Parcel includes 2004-210755 that provides an easement for utility and access on the property. O3 TMK 560011100000, privately owned. No buildings present. Property includes a 50 -foot wide equestrian easement. O4 TMK 560020160000, privately owned. A building and pool on site, built in 1988. 5O TMK 56002017000, privately owned. No buildings present. O6 TMK 560020180000, no owner listed, no building, in agriculture. O7 TMK 560020190000, privately owned. House with a pool on site. Property includes an 8 -foot wide pedestrian easement. OTMK 560020200000, privately owned. No structures or permits. O9 TMK 560020210000, privately owned. Property crosses Puakea Bay Drive, no buildings present. 10 TMK 560020220000, privately owned. No buildings present. 11 TMK 56002023000, privately owned. RR ROW crosses near the cul-de- sac. Buildings, barn, and a pool present on site. Opportunities: • The RR ROW alignment is makai of the first cul-de-sac, and appears to cut through the larger makai parcels. • The RR ROW cuts across one road, Puakea Bay Drive, and avoids the other access roads within the Puakea Bay subdivision. • Four out of 12 properties have structures within the entire Upolu segment, so there are opportunities to avoid structures with a trail. • In the area where it appears that the RR ROW is gone, there is public access along the shoreline. • There is a 50 -foot equestrian easement. It would be good to approach the property owners in this area to see what the status is of the easement, if there are plans, and if there is any interest in equestrian use along the trail. • The "Old Railroad Right -of -Way" is called out on maps in some of the parcels. Issues: • This area is a gated community with luxury homes. There will need to be negotiations should the trail follow its original alignment. • The RR ROW shows up in some parcels, but not consistently through the properties. There is an easement for coastal linear access, so there are solutions. • There have been some 'breaches'of the railroad bed through development actions. Upolu - Segment 4 Property Information 1O TMK 560010260000, privately owned. Small parcel adjacent to the Old Coast Guard Road, house on site. O2 TMK 560010560000, federally owned property, related to the antenna site. O3 TMK 560010280000, privately owned, leased, in agricultural. O4 TMK 55050040000, privately owned, leased, agricultural. There are two Grant of Easement Instruments 11-17659 on 10/26/2011 and 03-130627 in 6/26/2003 O5 TMK 55005005000, privately owned, leased, agricultural. Two Grant of Easement Instruments 11-17659 on 10/26/2011 and 3/24/2008 (same Instrument #) O6 TMK 550050170000, privately owned, leased, agricultural O7 TMK 550050100000, privately owned, leased, agricultural. O8 TMK 550060030000, privately owned, agricultural, no buildings. O9 TMK 550060320000, privately owned, agricultural, building present. RR ROW is a small sliver of land that is touched on south side of the road. 10 TMK 550070400000, privately owned, agricultural land, wind turbines. Grant of easement] 2/19/2017 (no instrument number) Y.> Opportunities: Within the Upolu Airport Property, there is a proposed 20 -foot wide vehicular easement for public access, as well as a proposed parking easement and coastal pedestrian trail for public access. This is not within the RR ROW, but does provide a destination to the coast and access to sites. Discussions have been on-going, and may need to be re-initiated to ensure that there is action on this matter. The State Na Ala Hele program abstractor has done a memorandum on the Old Coast Guard Road, but it did not include certain parcels that do appear to be in public access/Highways Act of 1892. The Coast Guard Road is essential for vehicular access. Pedestrian access from the RR ROW to the sites (Mo'okini Heiau area and Kamehameha I birth site) exists, and this could be a destination with interpretive opportunities. The RR ROW is shown on a number of maps, through Bishop Estate lands. State DLNR Historic Preservation Division has documented the old RR ROW as a feature to be preserved, and has provided direction to keep it preserved. There is agriculture and wind farms throughout this segment. This may be seen as a compatible use and be supported, if the proposal and protections of private property are put into place. Location of the easement from old maps appears to be close to property lines and existing roads or driveways. Alignment with these could make placement of the trail easier. Issues: While there is a proposed easement (see above) for vehicles and parking, there has been no action. In 2001, Surety Kohala and the County came to an agreement which includes an agreement to grant a 20'wide easement for vehicular access over the RR ROW from the Coast Guard Road to the Mo'okini Heiau and the birth place of Kamehameha I. The agreement also included vehicular access to the Mo'okini Heiau and the birth site from the RR ROW, pedestrian access to the sea from the Mo'okini Heiau and birth site, and reaffirmed public access along the shoreline. However, this has not been executed. Access to Mo'okini Area has been discussed, and there is a letter that details concerns with the State, County, Kamehameha Schools (Bishop Estate), Ms. Momi Lum, Mo'okini Foundation, Duane Kanuha, and Kohala Preserve Conservation Trust LLC. The discussions are around access to Mo'okini Heiau and Kamehameha I birth site. The State, through State Parks, has management of the sites. There is a dispute between the county, the state, and other parties on management, as the sites hold very sensitive historic sites. Both can be reached via a dirt road, however, access and improvements have not been resolved. There is a need to sensitively manage the cultural and historic sites and enhance protection and awareness. Wind farms and agricultural use may have some push backs related to safety. Hoea - Segment 5 Property Information OTMK 5507008000, State of Hawaii owned, leased. O2 TMK 5507010000, privately owned, leased, tenants in severalty. Grant of easement Instrument # 02-193432 from 10/29/2002. O3 TMK 55007035000, privately owned. Several permits for dwelling units, barn that changed to a dwelling, solar, off grid windmill. Property is at the end of Hoea Makai Road and there is what looks like an easement to the coastal TMK property that the RR ROW would cross. O4 TMK 55070340000, privately owned, adjacent to Hoea Makai Road, agricultural. OTMK 55008010000, privately owned. Condo Master Non -Taxable Parcel. TMK 5500801000001 lists apartment deeds (3) and 550080100002 with farm dwelling and two apartment deeds listed as owners with separate parcel number info. RR ROW may be on property or the boundary. O6 TMK 55008008000, privately owned. Property has a house constructed in 1982 and may contain small portion of RR ROW. Opportunities: • There is a big chunk of agricultural land with windmills and open space; this may be may be compatible with a hiking trail. • There is a rum distillery being proposed on land near the airport adjoining the RR easement, which could be a supporter and possibly a destination for people hiking on the trail. • The land is still mostly flat; this is the last segment before many of the major gulches. • There are still relatively few landowners with dwelling units, which may make it feasible to have the trail without a big conflict. • There are a few areas where the ROW may need to verification on the ground. If on the boundaries between properties, there is the possibility of working with landowners on either side. Location of the easement from old maps appears to be close to property lines and existing roads or driveways. Alignment with these could make placement of the trail easier. • Vehicular public access has been called for by the community, but is not in place yet. • The access on Hawi Road was a condition of Subdivision 7640, however the owners are under enforcement proceedings with the County. The public access should be extended to Pahoa Beach, with a lateral trail. Issues: The RR ROW may need to be assessed on the ground as there may be some areas where it is unclear. Access to determine on the ground conditions is difficult in this area. Condo lands appear to have mainland investors, would ideally need to find a local contact to help assist with negotiations. Pahoa - Segment 6 Property Information 1O TMK 550080600000, privately owned Condo Master non- taxable parcel. Property includes the gulch, bordered by Hoea Road. On the ground, there appears to be a trail or road easement that traverses the slope on the side of the road. OTMK 550080600001, both agriculture (20 acres) and conservation designation (almost 4 acres). It is Unit 1 Lipoa Gulch Condo Map 1352. Parcel 55080600002 is also in agriculture (15 acres) and conservation (almost 2 acres). The property line ends where Uli Road makes a right turn. O3 TMK 550080130000, privately owned, agricultural land, 9 buildings, adjacent to Uli Road. O4 TMK 550806400000, privately owned, agricultural land. No apparent buildings, adjacent to Uli Road. O5 TMK 550080650000, privately owned, agricultural land. Grant of easement, instrument number 03-138213. Last parcel on Uli Road before another gulch. OTMK 550080660000, privately owned. Property includes a gulch and the corner is at the end of Uli Road. Buildings/ houses present. Mapping changes, Grant of Easement (Instrument # 03-138213) and Quitclaim Deed 03-119257. 07 TMK 540080540000, privately owned, agricultural. O8 TMK 540080450000, privately owned, agricultural, includes a gulch. Contains some storage structures, mapping change in 2003, 2004, and 2006. Og TMK 540080530000, privately owned, agricultural. No apparent buildings, RR ROW alignment moves Makai to include these last two parcels. 10 TMK 540080360000, privately owned, agricultural. Coastal property that abuts the end of Honomakau Road. Grant of easements and mapping changes (02-235477 and 02- 235476). Opportunities: There are 2 property owners who own multiple parcels. EWM Enterprises does have some development on their properties. Hermann Fernandez owns 3 parcels that appear to all be in Agriculture. There are areas that can be accessed from a road, which may help to better assess conditions and allow for an alternative route in some cases. • There appears to be a service road in association with the RR ROW alignment, this may be useful for working within the gulch. • The landowners may see a benefit of having the trail through this area. • There is not a lot of housing development and larger lots. • This segment is close to Hawi, which is a popular destination for visitors and locals alike. Location of the easement from old maps appears to be close to property lines and existing roads or driveways. Alignment with these could make placement of the trail easier. There is a vehicular public access extending from the makai end of Hawi Road. The County paved road ends, with permitted pedestrian access to Pahoa Beach. Issues: There are gulches that need to be crossed in this area.The RR ROW used a trestle, making legal access to the land in the gulches more challenging. There are a number of mainland owners, which may prove to be challenging to meet with. WV "6 Emil. �fhcra rre�ek Honomakau - Segment 7 Property Information Opportunities: OTMK 540080390000, privately owned, agricultural. Large parcels owned by EWM Enterprises could make negotiations for a Narrow, curved, linear parcel, appears to be a roadway trail easy, if they see the benefit. easement. OTMK 540080370000, privately owned, agricultural, windmills and structures present. Grant of easements (02-235591, 02-235477). OTMK 540080710000, privately owned, agricultural. On the Mauka side of the curved linear parcel, no buildings present. OTMK 540080420000, privately owned, agricultural, no buildings. Curved, linear parcel. OTMK 540080430000, privately owned, adjacent to the curved linear parcel, agricultural, no buildings. OTMK 540090080000, privately owned, agricultural. No buildings, large parcel, no gulches, appears flat. Most of the properties are in agriculture and/or have windmills. There appears to be a road ROW through this segment, unsure of its relation to the RR ROW, should be investigated further. There are no gulches within this segment, making it easier to negotiate a trail. Location of the easement from old maps appears to be close to property lines and existing roads or driveways. Alignment with these could make placement of the trail easier. A lateral trail was a condition of the subdivision, but has not been created. Issues: A single owner of many parcels in this segment requires skillful negotiations. There would need to be stewards of the trail in this area to avoid potential issues with squatting or illegal use of the land. The access on Hawi Road was a condition of Subdivision 7640, however the owners are under enforcement proceedings with the County. The public access should be extended to Pahoa Beach, with a lateral trail. 'I A Ainakea - Segment 8 Property Information Opportunities: OTMK 54009013000, privately owned, agricultural property with a small dwelling unit. Has a gulch and the RR ROW goes through the bottom corner part of parcel where it traverses the gulch. OTMK 540090120000, privately owned, agricultural property with a small dwelling unit. RR ROW enters parcel on the other side of the gulch, crosses Lokahi Road and goes through another gulch on the adjacent parcel. • There are existing mauka-makai roads that go through this area, making assessments from the road a possibility. • There are no private homes on the parcels near where the RR ROW traverses, making it potentially more compatible. • The properties do have agriculture uses, which may make a trail compatible. • This area is close to the community and visitor destinations, making a trail attractive for use. OTMK 540090190000, privately owned, agricultural. Properties 4,6,7,8,9 are subject to Grant of Public Access (pedestrian) Easement (GOE) RR ROW heads crosses gulch and heads Makai. along the shore. Does not cross Honopueo Road on this property, heads up and across the road on the Makai Lots 1,2,4 are subject to vehicular GOE to shoreline with parking lot on un -numbered property. parcel makai. OTMK 540090200000, privately owned, agricultural, Previously granted coastal trail is dangerous along the cliff edge, moving the trail to abuts Honopueo Road. the railroad easement could provide a safer location. OTMK 540090010000, privately owned, agricultural, • The eastern green access road is not public, but a private driveway. The CDP shows abuts Honopueo Road. the extension of the subdivision road in Ainakea as the recommended M -M vehicle access. OTMK 540090250000, privately owned, agricultural, has building. Issues: OTMK 530060290000, privately owned, agricultural. • There are a number of gulches in this segment, requiring creative solutions for the Has 2 small gulches on it that the RR ROW crosses. trail through the area. OTMK 530060300000, privately owned, agricultural, • Agricultural uses and fencing could be an issue, more research and on the ground dwelling on property. investigation is be needed. OTMK 530060270000, privately owned, agricultural. • Stewardship of the trail in this area would need to be addressed as many of the land Grant of Easement 62620848. owners have addresses on the mainland. Kauhola to Hapu'u - Segment 9 Property Information OTMK 530060230000, privately owned, large property, agricultural, gulch. OTMK 530070470000, privately owned with agricultural structures present on site. Has segment of the RR ROW, then goes onto the mauka property, then back on to this property. It is adjacent to Old Halaula Mill Road. OTMK 530070490000, privately owned, agricultural. OTMK 530070420000, privately owned, agricultural. OTMK 530070410000, privately owned, agricultural. Property looks like it is in the mauka corner, and crosses into the other property where the gulch begins. OTMK 53007043000, privately owned, agricultural, with permits for electrical, plumbing, and facilities for workers. It looks like the RR ROW crosses this property where the gulch is. OTMK 530070010000, privately owned, agricultural. Grant of easement 6/2016, Instrument # 60190738. Property is on the other side of the gulch. OTMK 530070210000, privately owned, agricultural property with one dwelling. Opportunities: There is pedestrian access along the cliff shoreline. The shoreline public access trail between Hapu'u and Kapanaia Bays is formalized in a Grant of Public Access Easement to the County of Hawaii in February 2013, and between Kauhola Point and Hapu'u Bay in 2018. There are interpretive opportunities throughout this area. At the time of Kamehameha I, surfing was a popular sport in the bay. Fishing and gathering were, and continue to be, an important activity to preserve. When the Kohala Sugar Plantation shut down, this access was nearly loss. Land was privatized by fences and gates which prompted the Native Hawaiian organization Hui Mamalahoa to legally fight for access. As a result, a court-ordered vehicle access, on an unpaved road, to Kapanai'a and Hapu'u bays was provided for public use and access (Civil HA -5464 Kohala Corporation v. Ahoi, 1982). There is pedestrian access along the cliff shoreline.The shoreline public access trail between Hapu'u and Kapanaia Bays is formalized in a Grant of Public Access Easement to the County of Hawaii in February 2013. There is a historical site, Hale O Ka'ili Heiau, being managed by a local community group. Kapanaia Bay is a popular camping and recreation spot. Issues: • The access road can only be used by 4 Wheel Drive vehicles. • There is little parking or ease of entry to the area. • There are issues related to illegal squatting in some areas along this stretch. • There are issues of care and stewardship of the sites. It is important for awareness and stewardship. Kapanaia NUM - Segment 10 Property Information OTMK 530070210000 OTMK 530070350000, privately owned, agricultural, with Grant of Easement (05-124186). Property is mauka of Kapanaia Bay Road. OTMK 520070250000, end of property abuts Kapanaia Bay Road OTMK 520070240000 OTMK 520070270000 OTMK 520070040000, privately owned, Kapanaia gulch area, recently approved for public purchase. OTMK 520010140000, privately owned, large property. OTMK 520090430000, privately owned, odd shaped, small property. OTMK 520090160000, privately owned, residential zoning with dwellings. 10 TMK 520090080000, privately owned, residential zoning, no buildings. 11 TMK 520010150000, privately owned, agricultural. 12 TMK 520120290000, privately owned, last real property in segment, looks like it follows the road and ends below, where Bus Stop Road meets up with the road to the park, past Old Railroad Road. Opportunities: There are lots of interpretive opportunities within this segment. There are many recreational opportunities within this segment, Kapanaia Bay is already a popular camping and recreation spot. Community knowledge says that the railroad easement is along the lateral section of Kapanaia Road. Placing it there would eliminate crossing private land. The approval to purchase some of the properties for public use reflects the importance of the site for many reasons. The land where the RR ROW ends is owned by the Kohala Center. There are opportunities to work with them to address public use and recommendations for the site. This is the center of the Kula Iwi O Kamehameha (Kamehameha's homeland), a critical element in the history of the Hawaiian Islands. Kapanaia Bay Road -This is an important mauka-makai access point that ends at a premier fishing and gathering area for Kohala.There are remnants of trails and rope ladders that extend down the sides of the cliff to the reef shelf. This was once known for its limu kohu gathering. The railroad terminal is accessed by the public Keokea Park Road. Issues: The RR ROW goes through agricultural land, and then adjacent to some residential properties near the end of the RR ROW.This may need to be adjusted so that it is seen as a benefit, and not a burden on the residential properties. There are gulches within this area that will need to be examined for a trail through and back up the other side of the gulch. Illegal use of the area for squatters or other use would need to be examined.