HomeMy WebLinkAboutCOM 0281.002 2000-2002 ~„~ygY ~EF
f:~ Phone: 808 961-8396
AARON S.Y. CHUTIG (
('ou?zcilnaeassl?er 4a :d Fax: (808) 961-8912
('OUNTY COt INC'II.
County of Harvni `r
Hawaii Coa??~~~ Building
August 31, 2001 25 Azipaa.=a. Sn<~:~r
Hilo, Haa~ai'i 96720
TO: Council Members
FROM: Aaron S.Y. Chung, Chair
Committee on Finance
RE: Resolution No. 105, Draft 2
This is to transmit Resolution No. 105-01, Draft 2, which is the result of a site visitation
to the subject property and the discussion of Your Committee at its Finance meeting of
August 14, 2001. The following language has been recommended to the Council by
Administration for inclusion in Draft 2:
1. Deletes the 1 s` Whereas and replace with the following:
WHEREAS, the subject homestead road, situated at Ka`ie`ie Homestead,
Ka`ie`ie, South Hilo, Hawaii, more particularly described in Exhibit "A" and
delineated on Exhibit "B" attached hereto, is a parcel of land that is economically
or physically unsuitable or undesirable for development or utilization as a
separate unit due to its location, size, shape, and other characteristics; and
WHEREAS, the subject homestead road is a vacated, abandoned, or
discontinued road, street, walk, or other right-of--way; and
2. Adds the following clauses after the 3rd Whereas:
WHEREAS, no other abutting landowner has expressed an interest in acquiring
the aforementioned abandoned homestead road; and
WHEREAS, Mauna Kea Memorial Park also abuts the aforementioned
abandoned homestead road; and
WHEREAS, Liloa Willard and Mauna Kea Memorial Park, through Ed
Murty, have agreed that Liloa Willard will grant to Mauna Kea Memorial
Park a perpetual, non-exclusive easement for ingress and egress over a
portion of the aforementioned abandoned homestead road, extending the
width thereof and extending north for a distance of 275 feet from Ka`ie`ie
Road, that Mauna Kea Memorial Park will indemnify Liloa Willard from
Cornet. No•
F~ ile No.
R°f. ~`o:
Council Members
August 31, 2001
Page 2
any liability arising from Mauna Kea Memorial Park's, its invitees', and
plot-holders' use of the easement, that Mauna Kea Memorial Park will
repair at its own cost any damage to the easement arising from such use,
and Liloa Willard will not construct any fence along the 275 foot
boundary of Mauna Kea Memorial Park and the easement; and
WHEREAS, Section 2-110(a)(3), Hawaii County Code, defines a remnant as a
parcel of land economically or physically unsuitable or undesirable for
development or utilization as a separate unit by reason of location, size, shape, or
other characteristics; and
WHEREAS, Section 2-110(a)(3), Hawaii County Code, states that a
remnant may be a vacated, closed, abandoned, or discontinued road, street
or alley or walk, ditch, or other right-of--way; and
3. Amends the 6th Whereas to read "...WHEREAS, Section 2-118(c),
Hawaii County Code, provides that the value of the remnant or portion
thereof shall be appraised by an independent appraiser, which appraisal
shall take into consideration the limited market for the remnant and/or the
resulting enhancement to an abutting owner's property by addition of the
remnant[, and also provides for the independent appraisal at the buyer's
expense, subject to review and agreement by the County]; and"
Amends the resolved clause to "...that in accordance with [Sections 2-111
and 2-118] Section 2-110, Hawaii County Code, [the director of finance
is authorized to sell] the aforementioned abandoned homestead road,
situate at Ka`ie`ie Homestead, Ka`ie`ie, South Hilo, Hawaii, being a
portion of Tax Map Key: (3)2-7-005, consisting of approximately 62,853
square feet, more particularly described in Exhibit "[B]A" and delineated
on Exhibit "[C]B", attached hereto, is deemed to be a remnant and the
finance director is authorized to sell the aforementioned abandoned
homestead road without recourse to public auction in a manner..."
5. Adds "BE IT FURTHER RESOLVED that the foregoing authorization is
given in light of the agreement between Liloa Willard and Mauna Kea
Memorial Park whereby Liloa Willard and Mauna Kea Memorial Park,
through Ed Murty, have agreed that Liloa Willard will grant to Mauna Kea
Memorial Park a perpetual, non-exclusive easement for ingress and egress
over a portion of the aforementioned abandoned homestead road,
extending the width thereof and extending north for a distance of 275 feet
from Ka`ie`ie Road, that Mauna Kea Memorial Park will indemnify Liloa
Willard from any liability arising from Mauna Kea Memorial Park's, its
invitees', and plot-holders' use of the easement, that Mauna Kea Memorial
Park will repair at its own cost any damage to the easement arising from
such use, and Liloa Willard will not construct any fence along the 275 foot
boundary of Mauna Kea Memorial Park and the easement.
ASYC/smc