HomeMy WebLinkAboutRES 576 Draft 01 2020-2022 COUNTY OF HAWAPI STATE OF HAWAPI
RESOLUTION NO.
RESOLUTION ACCEPTING A GRANT OF PUBLIC ACCESS AND PRESERVATION
EASEMENT FROM KULEANA SPIRITS, INC., TAX MAP KEY(3) 5-5-006:010
WHEREAS, KULEANA SPIRITS, INC., a Delaware corporation, whose mailing
address is P.O. Box 2493, Kamuela,Hawaii 96743, (hereinafter"Grantor") is the owner in fee
simple of that certain parcel of land being LOT 315, containing 43.854 acres as shown on Map
71, Land Court Application No. 1120,being the lands described in Certificate of Title No.
1149074, and being further identified as Tax Map Key No.: (3)5-5-006:010 (hereinafter the
"Property"); and
WHEREAS, the Property is subject to an existing easement designated as Easement 137
(the"Easement'), area 1.728 acres, as shown on Map No. 89 filed by the Grantor with the Land
Court for Land Court Application No. 1120, authorized and approved by the Registrar of the
Land Court on December 15,2021, depicted in Exhibit"1" attached hereto ; and
WHEREAS,pursuant to the provisions of Hawaii Revised Statutes ("HRS") Section 46-
6.5 relating to Public Access,the County of Hawaii has adopted Hawaii County Code Chapter
34(Public Access), which provides for implementation of public access over private property in
appropriate locations to the ocean, shorelines and mountain areas as applicable,by requiring
dedication of land for such public rights-of-way by fee or easement as a condition precedent to
final subdivision approval or the issuance of a building permit for a multiple-family development
where adequate public access is not already provided, including provisions requiring the County
of Hawaii to be responsible for all improvements costs, liability and maintenance issues; and
WHEREAS,pursuant to the April 4, 2002 Settlement Agreement for Board of Appeals
No. 01-28 and Subdivision No. 2000-72 of applicant Surety Kohala Corporation, entered into by
and between Surety Kohala Corporation, a Hawaii corporation, Grantor's predecessor-in-
interest, and Grantee,the execution and delivery to the County of Hawaii of this Grant shall
constitute full and final compliance with all public access requirements applicable to the
Property of HRS Section 46-6.5, HRS Chapter 205-A, the Ala Loa,the Ala Kahakai Trail, and
Chapters 23 (Subdivision) and 34 (Public Access) of the Hawaii County Code,provided
however, that if any part of the Property is proposed for subdivision or other uses and activities
that are not listed as permitted uses under the current zoning for the Property, the County may
require further public access over the portion or portions of the Property proposing such uses and
activities; and
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WHEREAS,pursuant to conditions of Special Management Area permit No. SMA 18-
000069, approved on January 16, 2019,the Grantor was required to submit a grant of easement
to the County of Hawaii for pedestrian and vehicular public access along the makai property
boundary to align with the historic Ho`ea Road(Site 30911), and to submit an archaeological
mitigation plan to the State Historic Preservation Division(SHPD)pursuant to the findings of a
2018 Archaeological Inventory Survey performed previously for the Property; and
WHEREAS, SHPD approved in a letter to the Hawaii County Planning Department
dated August 25, 2020, a preservation plan titled"Final Archaeological Site Preservation Plan
Site 50-10-2-30911 —The Historic Ho`ea Road TMK: (3) 5-5-006:010, Kealahewa 2 And 3
Ahupua`a,North Kohala District, Island of Hawai`i,"prepared by Haim &Associates dated
August 2020 (the"Preservation Plan"), the terms of which are hereby incorporated herein by this
reference; and
WHEREAS, the Preservation Plan provides for the preservation of a portion of the
Historic 1-16`ea Road, Site 50-10-02-30911 (the"Site") and that"appropriate cultural use" and
preserve "as is"is the prescribed use for the site; and
WHEREAS, the spatial footprint of Easement 137 of the Agreement, spatially
corresponds to the Site of preservation and encompass the preservation area desired by the
County; and
WHEREAS, the Easement dually fulfills permit conditions for public access and
preservation, the Grantor and the County of Hawaii agree to be bound by and to encumber the
Property by recordation of the Grant of Public Access and Preservation Easement, attached
hereto as Exhibit 1, at the Bureau of Conveyances and the Land Court of the State of Hawaii;
now, therefore,
BE IT RESO'VED BY THE COUNCIL OF THE COUNTY OF HAWAII that, in
accordance with Article XIII, Section 13-12 of the Hawaii County Charter that the County of
Hawaii accepts the Grant of Public Access and Preservation Easement as described and
delineated in Exhibit 1 attached hereto.
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BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this Resolution to: The Honorable Mitch Roth, Mayor of the County of
Hawai`i; Zendo Kern, Director of the County of Hawai`i Planning Department; E Strance,
Corporation Counsel for the County of Hawai`i; and KULEANA SPIRITS, INC., a Delaware
corporation, whose mailing address is P.O. Box 2493, Kamuela, Hawai`i 96743.
Dated at Hilo _ , Hawai`i, this 2nd day of November , 2022.
INTROI • D BY:
.42,
IC
CO L MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER
County of Hawai`i on November 2, 2022 X
KIERKIEWICZ X
KIMBALL X
ATTEST: LEE LOY X
RICHARDS X
VILLEGAS X
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