RES 041 Draft 01 2008-2010 - Laserfiche WebLink

Home

WHEREAS, The Hawaii County Council has worked with the County administration to amend Oceanside's rezoning ordinances to allow for the use of the Bypass Phase I through its intersection with the Haleki`i Street extension to Mamalahoa Highway, as a temporary Mamalahoa Bypass on a trial basis during the hours of 3:30 to 6:30 p.m., Monday through Friday (except holidays), conditioned on the County providing various highway safety improvements for the affected communities; and WHEREAS, The Hawaii County Council has, through amendment of Ordinance 08-64, authorized the County administration to use either an easement or dedication for said trial use of the Phase I Bypass through Haleki`i Street; and WHEREAS, Oceanside has, for the benefit of the community, graciously consented to the proposed Grant ofNon-Exclusive Easement for Limited Public Access Over Private Roadways ("Grant of Easement"), substantially in the form attached hereto as Exhibit "1," to allow for said trial use of the Phase I Bypass through Haleki`i Street; and WHEREAS, said Grant of Easement contains waiver and release, insurance and defense, and indemnification and hold harmless provisions for the protection of Oceanside as it allows limited public use of the Phase I Bypass and Haleki`i Street extension over its private lands; and WHEREAS, compromise and release~of claims of the County exceeding $1,500, and prospective financial commitments of the County, are legislative prerogatives under Hawaii County Code section 2-9 and County Charter section 10-11; and WHEREAS, the Hawaii County Council finds that the execution of the Grant of Easement and the opening of the Phase I Bypass and Haleki`i Street under the conditions and limited terms set forth in Ordinances 08-58, 08-59, and 08-64, as may be amended, are in the public interest of traffic congestion relief and evaluation of the best use of the Mamalahoa Bypass. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Mayor is authorized to execute and accept the Grant of Easement on behalf of the County, in substantially the form set forth as Exhibit "1" attached hereto.