HomeMy WebLinkAboutRES 608 Draft 01 2020-2022A RESOLUTION APPROVING THE DEDICATION OF ROAD LOT 1, INCLUDING ITS SEWER EXTENSION, IDENTIFIED AS TMK NO. (3) 7-4-008:076, (KANALANI STREET EXTENSION, KAULA‘ILI STREET AND KIMO DRIVE),
SITUATED AT HONOKOHAU, NORTH KONA, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I AND UTILITY EASEMENT E-1 FROM WEST HAWAI‘I BUSINESS PARK LLC, A HAWAI‘I LIMITED LIABILITY COMPANY
WHEREAS, WEST HAWAII BUSINESS PARK LLC (hereinafter, “Owner”), is the owner of that certain roadway parcel identified as ROAD LOT 1 (Kanalani Street Extension, Kaula’ili Street, and
Kimo Drive, also referenced herein as “the Roadway”) situated at Honokohau, North Kona, Island and County of Hawai‘i, State of Hawai‘i, as more particularly described in Exhibit “A”
and depicted in Exhibit “B” attached hereto and made a part hereof; and
WHEREAS, Owner desires to dedicate the Roadway and all improvements thereon, including sewer extension improvements, to the County of Hawai‘i, a municipal corporation of the State of
Hawai‘i (hereinafter, the “County of Hawai‘i”), and the sewer extension has been inspected and approved by the Department of Environmental Management, and the Roadway and improvements
have been inspected and approved by the Department of Public Works, and the Roadway received dedication approval from the Department of Water Supply, the Planning Department, and the
Department of Environmental Management; and
WHEREAS, Owner is the owner of Lot 1-L, designated for real property tax purposes by the County of Hawai‘i as Tax Map Key No. (3) 7-4-008:094. The County of Hawai`i has requested that
Owner grant to the County of Hawai‘i a utility easement over Lot 1-L, described
in Exhibit “C” as Easement E-1, and depicted on Exhibit “D”. The Department of Public Works has reviewed and approved the acceptance of Easement E-1 for utility purposes; and
WHEREAS, in accordance with Section 21-26.1(b) of the Hawaiʻi County Code, the Department of Environmental Management approved the sewer extension that exists in ROAD LOT 1 as shown
in Exhibit “E”; and
WHEREAS, Section 21-26.1(a) of the Hawaiʻi County Code requires Council to approve, by resolution, any extension of the public sewer system; and
WHEREAS, Owner constructed and paid for the sewer extension and wishes to dedicate the sewer extension along with ROAD LOT 1; and
WHEREAS, Section 23-10 of the Hawai’i 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 Hawai‘i 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 approves the acceptance of Easement E-1, the acceptance of ROAD LOT 1 and its sewer extension, and finds that the subject
Roadway and improvements, including the sewer extension, are in full compliance with provisions of Chapters 21 and 23 of the Hawai’i 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 that in accordance with Article XIII, Section 13-12 of the Hawai‘i County Charter
and Chapters 21 and 23 of the Hawai’i County Code, that the County of Hawai‘i hereby accepts Easement E-1, ROAD LOT 1, and the included sewer extension for public road and wastewater
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 Hawai‘i County; (2) the Department of Public Works;
(3) the Department of Environmental Management; (4) Deputy Corporation Counsel Sinclair Salas-Ferguson; and (5) West Hawaii Business Park LLC, P.O. Box 9032, Kailua-Kona, Hawai’i 96745.
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.