RES 109 Draft 01 1992-1994 - Laserfiche WebLink

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'1 WHEREAS, the County of Hawaii, through its Department of Public Works, finds that the subject right-of-way is vacated, closed, abandoned or otherwise discontinued, and is economically and physically unsuitable or undesirable for development or utilization as a separate unit by reason of size, location and shape; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the subject right-of-way is declared to be a remnant because it is a vacated, closed, abandoned and otherwise discontinued right-of-way which is physically and economically unsuitable or undesirable for development or utilization by reason of location, size and shape, pursuant to Hawaii County Code S2-110. BE IT FURTHER RESOLVED that, inasmuch as the subject right-of-way is a remnant, the County of Hawaii is hereby authorized to sell the subject right-of-way without recourse to public auction in the manner set forth in Hawaii County Code S2-11S, to Riverview Development Partners, the abutting owner. BE IT FURTHER RESOLVED that said sale of the subject right-of-way shall include the following conditions: 1. That Riverview Development Partners, the buyer of the subject right-of-way, be required to assume the entire cost of cutting and plugging the existing waterline on the subject property; and 2. That Riverview Development Partners, the buyer of the subject right-of-way, shall be responsible for all costs if existing water services must be relocated; and -2-