HomeMy WebLinkAboutRES 607 Draft 01 2020-2022A RESOLUTION ACCEPTING THE DEDICATION OF THOSE CERTAIN ROADWAY PARCELS IDENTIFIED AS TMK NOS. (3) 2-4-039:060 & (3) 2-4-039:027 (KIKAHA STREET, HO‘OLALA STREET, PUAKEA PLACE, AND A ROAD
LOT RESERVE), AND DRAINAGE EASEMENTS IDENTIFIED AS TMK NOS. (3) 2-4-039:025 (POR.) (EASEMENT D-1), (3) 2-4-039-028 (POR.) (EASEMENT 1), (3) 2-4-039:034 (POR.) (EASEMENT 2), (3) 2-4-039:035
(POR.) (EASEMENT 3), (3) 2-4-039:038 (POR.) (EASEMENT 6) & (3) 2-4-039:057 (POR.) (EASEMENT 17), SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI‘I, STATE OF
HAWAI‘I, FROM HILO ONE INCORPORATED, A HAWAI‘I CORPORATION.
WHEREAS, HILO ONE INCORPORATED, a Hawai‘i corporation (hereinafter, “Owner”), is the owner of those certain roadway parcels identified as TMK Nos. (3) 2-4-039:060 (Kikaha Street, Ho‘olala
Street, and Puakea Place) & (3) 2-4-039:027 (Road Lot reserve) (collectively “the Roadway”) and the underlying properties of the drainage easements identified as TMK Nos. (3) 2-4-039:025
(por.) (Easement D-1); (3) 2-4-039:028 (por.) (Easement 1); (3) 2-4-039:034 (por.) (Easement 2); (3) 2-4-039:035 (por.) (Easement 3); (3) 2-4-039:038 (por.) (Easement 6); & (3) 2-4-039:057
(por.) (Easement 17) (collectively “the Easements”), all of which are situated at Waīakea, District of South Hilo, Island and County of Hawai‘i, State of Hawai‘i, as more particularly
depicted in “Exhibit A” and described in "Exhibit B" and “Exhibit C”, all of which are attached hereto and by reference made parts hereof; and
WHEREAS, Owner is desirous of dedicating the Roadway and all improvements along with granting the Easements for drainage and maintenance purposes to the County of Hawai‘i, a municipal
corporation of the State of Hawai‘i (hereinafter, the “County of Hawaiʻi”), and the Roadway and improvements have been inspected and approved by the Department of Public Works, and
the Easements have been reviewed and approved by the Department of Public Works, and the Easements and Roadway and all improvements have received dedication approval from the Department
of Water Supply, the Planning Department, and the Department of Environmental Management; and
WHEREAS, Section 23-10 of the Hawaiʻi County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance
with provisions of Chapter 23; and
WHEREAS, Article XIII, Section 13-12 of the Hawaiʻi County Charter provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the
County of Hawai’i; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that it finds the Roadway and improvements thereon are in full compliance with provisions of Chapter 23 of the Hawaiʻi County Code
as certified and approved by all applicable agencies, and that it is in the public interest to accept such a dedication.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI’I, in accordance with Article XIII, Section 13-12 of the Hawai’i County Charter and Chapter 23 of the Hawaiʻi County Code,
that the County of Hawaiʻi accepts the dedication of the Roadway for public roadway purposes and approves the grant of the Easements for drainage and maintenance purposes.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) The Honorable Mitchell D. Roth, Mayor of Hawaiʻi County; (2) the Department of Public Works;
(3) Deputy Corporation Counsel Sinclair Salas-Ferguson; and (4) Hilo One, Incorporated, 32 Poko Place, Hilo, Hawai‘i 96720.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
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 Hawai‘i on _____________________________________.
INABA
KANEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.