RES 775 Draft 01 2006-2008 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. ~~~ ~~ RESOLUTION AUTHORIZING THE ABANDONMENT AND SALE OF THAT CERTAIN ROAD REMNANT FRONTING OSHIMA STORE, SITUATE AT KAINALIU, NORTH KONA, COUNTY AND STATE OF HAWAII, TO CEOK LLC. WHEREAS, the realignment of Mamalahoa Highway through Kainaliu Village in North Kona, Hawaii, created a remnant, containing an area of 714 square feet, fronting the Oshima Store property owned by CEOK LLC, identified as Tax Map Key: (3)7-9-007:038 (see Exhibit "A" attached hereto); and WHEREAS, CEOK LLC has expressed a desire to acquire this remnant as it will allow it to expand the store towards the street by about 7 feet, bringing the storefront even with others along Mamalahoa Highway in Kainaliu; and WHEREAS, the County of Hawaii finds that this roadway is economically and physically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape, and by definition is a remnant in accordance with Section 2-110, Hawaii County Code; and WHEREAS, all roadways, once established, continue until vacated, closed, abandoned or discontinued by resolution of the Council; and WHEREAS, pursuant to Section 2-111 of the Hawaii County Code, the Council may direct the Director of Public Works to dispose of real property in fee simple; and WHEREAS, pursuant to Section 2-118, Hawaii County Code, remnants or portions thereof may be disposed of without recourse to public auction and shall be first offered for sale to the abutting landowner; and WHEREAS, pursuant to Section 2-118(d), Hawaii County Code, disposition costs may be added to the sales price. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that road remnant fronting the Oshima store property, consisting of 714 square feet, as depicted on Exhibit "A," is declared to be abandoned and otherwise discontinued as a road right-of--way, that it is physically and economically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape, and is hereby declared a