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HomeMy WebLinkAboutRES 187 Draft 01 2022-2024A RESOLUTION AUTHORIZING THE ABANDONMENT AND SALE OF A PORTION OF THE MAMALAHOA HIGHWAY RIGHT-OF-WAY, IDENTIFIED AS REMNANT R-1, SITUATED AT HOLUALOA, ISLAND AND COUNTY OF HAWAIʻI, STATE OF HAWAIʻI. WHEREAS, the portion of Mamalahoa Highway depicted in the attached Exhibit “A” is owned by the County of Hawai‘i; and WHEREAS, as shown in Exhibit “A,” the structure located on Lot A-1, TMK: (3) 7-5-016:023 (hereinafter “Lot A-1”) encroaches onto a portion of the existing Mamalahoa Highway right-of-way; and WHEREAS, the RANDALL H. MORI TRUST (hereinafter “Mori Trust”) is the owner of Lot A-1; and WHEREAS, pursuant to Hawaiʻi County Code (hereinafter “HCC”), Section 2-110(3)(B), the portion of the Mamalahoa Highway right-of-way that the Mori Trust property encroaches upon has been determined by the Department of Public works to be a remnant because it is an abandoned and discontinued portion of the right-of-way; and WHEREAS, the abandoned and discontinued portion of the right-of-way is 215 square feet and is identified as Remnant R-1 in Exhibit “A.”; and WHEREAS, pursuant to HCC, Sections 2-111(1) and 2-118(b), the Council may, by resolution, allow the finance director or the director of public works to dispose of Remnant R-1 at a price established by the finance director that is based on the square foot value used for determining the real property tax valuations of the abutting owners; and WHEREAS, Lot A-1, owned by the Mori Trust, is the only non-County property that abuts Remnant R-1, and the Mori Trust is willing to purchase Remnant R-1; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAW AI‘I that Remnant R-1 is declared to be an abandoned and discontinued right-of-way and is hereby declared a remnant as set forth in HCC, Section 2-110. BE IT FURTHER RESOLVED that pursuant to HCC, Sections 2-111 and 2-118, the sale of Remnant R-1 to the Mori Trust, for a price established by the finance director that is based on the square foot value used for determining the real property tax valuations of the abutting owners, is approved. BE IT FINALLY RESOLVED that a copy of this resolution be sent to (1) Randall H. Mori Trust, P.O. Box 386, Holualoa, Hawaiʻi 96725; and that copies of this resolution also be provided to (2) Mayor Mitch D. Roth; (3) the Director of the Department of Public Works, Stephen Pause; (3) the Director of Finance, Deanna Sako; and (4) Deputy Corporation Counsel, Sinclair Salas-Ferguson. 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   EVANS       GALIMBA       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       KAGIWADA       KANEALI‘I-KLEINFELDER       KIERKIEWICZ      ATTEST: KIMBALL       LEE LOY       VILLEGAS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.