RES 409 Draft 01 2008-2010 - Laserfiche WebLink

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WHEREAS, Lloyd and Julia Soehren were notified and provided an opportunity to express their interest in purchasing that portion of the drainage ditch right-of-way that crosses their property, but the County received no response; and WHEREAS, the County of Hawaii finds that this drainage ditch right-of-way 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 easements, 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 Finance Director or 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 drainage ditch right-of-way, consisting of 4,969 square feet, as depicted on Exhibit "A," is declared to be abandoned, 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 remnant as set forth in Section 2-110, Hawaii County Code, and pursuant to Sections 2-111 and 2-118, authorizes the Finance Director of the Director of Public Works to dispose of that portion of the drainage ditch right-of-way, consisting of 4,043 square feet, depicted in Exhibit "B" attached