RES 553 Draft 01 2006-2008 - Laserfiche WebLink

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MSY Yi ~~L~ ~i COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 553 d8 A RESOLUTION REQUESTING THAT THE COUNTY OF HAWAII COMPLETE CONSTRUCTION OF THE MAMALAHOA BYPASS HIGHWAY OVER THE RICHARDS/COUPE PROPERTY. WHEREAS, the County of Hawaii, on December 3, 2007, took possession of the Richards/Coupe parcel, a portion of Tax Map Key: (3) 8-1-007:045, for the proposed Mamalahoa Bypass Highway, in Civil Nos. 00-1-0181K and OS-1-O15K, County of Hawai `i v. Robert Nigel Richards, et al.; and WHEREAS, completion of the Mamalahoa Bypass Highway is in the best interests of the residents of the County of Hawaii and, in particular, the residents of South Kona; and WHEREAS, the County of Hawai `i v. Robert Nigel Richards, et al. cases are in the process of being appealed, which may cause further delays in the construction of the roadway; and WHEREAS, Oceanside 1250 was required by the Development Agreement and as a condition of its rezoning to complete the construction of the Mamalahoa Bypass Highway; and WHEREAS, Oceanside 1250 has some reservations with proceeding with construction of the Mamalahoa Bypass highway prior to the completion of the appeals; and WHEREAS, Oceanside 1250 would still be responsible for the costs of construction, whether the roadway was completed by Oceanside 1250 or the County of Hawaii; and WHEREAS, a question of procurement was raised in the County ofKawai `i v. Robert Nigel Richards, et al. cases regarding construction by a third party on the Richards/Coupe parcel now that it is under the County of Hawai`i's possession; and WHEREAS, the Council of the County of Hawai `i recognizes the need for progress to start taking place for this road to be opened; and WHEREAS, the County of Hawaii could proceed with the construction process without the delay of appeal; and WHEREAS, the County would have better grounds for appeal purposes to show necessity of the road if it is being built or has been completed for appeal purposes; now, therefore,