HomeMy WebLinkAboutRES 576 Draft 01 2020-2022
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, Hawaiʻi 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 Hawaiʻi Revised Statutes (“HRS”) Section 46-6.5 relating to Public Access, the County of Hawaiʻi has adopted Hawaiʻi 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 Hawaiʻi 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 Hawaiʻi corporation, Grantor’s predecessor-in-interest, and Grantee, the execution and delivery to the County of Hawaiʻi 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 Hawaiʻi 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
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 Hawaiʻi 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 Hawaiʻi County Planning Department dated August 25, 2020, a preservation plan titled “Final Archaeological Site Preservation Plan Site 50-10-2-30911
– The Historic Hō‘ea Road TMK: (3) 5-5-006:010, Kealahewa 2 And 3 Ahupua‘a, North Kohala District, Island of Hawaiʻi,” prepared by Haun & 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 Hōʻea 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 Hawaiʻi 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 Hawaiʻi; now, therefore,
BE IT RESOVED BY THE COUNCIL OF THE COUNTY OF HAWAIʻI that, in accordance with Article XIII, Section 13-12 of the Hawaiʻi County Charter that the County of Hawaiʻi accepts the Grant
of Public Access and Preservation Easement as described and delineated in Exhibit 1 attached hereto.
BE IT FINALLY RESOLVED that the Clerk of the County of Hawaiʻi is directed to transmit copies of this Resolution to: The Honorable Mitch Roth, Mayor of the County of Hawaiʻi; Zendo Kern,
Director of the County of Hawaiʻi Planning Department; E Strance, Corporation Counsel for the County of Hawaiʻi; and KULEANA SPIRITS, INC., a Delaware corporation, whose mailing address
is P.O. Box 2493, Kamuela, Hawaiʻi 96743.
Dated at _______________, Hawaiʻi, this __________ day of _______________, 2022.
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAIʻI
COUNTY COUNCIL
County of Hawaiʻi
Hilo, Hawaiʻi
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaiʻi on _____________________________________.
INABA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.