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Home My WebLink AboutRES 012 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 12 ra t RESOLUTION AUTHORIZING THE ABANDONMENT AND EXCHANGE OF ROAD REMNANTS 1, 2, AND 3, FOR LOTS 9-A-2, 9-B-2, AND 10-A-2, SITUATE AT AHUALOA HOMESTEADS, DISTRICT OF HAMAKUA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING PORTIONS OF TAX MAP KEYS:(3)4-6-010:005 AND 007. WHEREAS, Kahana Drive, which is owned and maintained by the County of Hawaii, traverses over properties currently owned by John and Josephine Andrade (Tax Map Key:(3~-6-010:005), and William and Frances Andrade (Tax Map Key:(3~-6-010:007); and WHEREAS, the County of Hawaii is the owner of a homestead road, Road Remnant 1, consisting of 0.807 acre; Road Remnant 2, consisting of 0.411 acre; and Road Remnant 3, consisting of 0.932 acres (see attached map); and WHEREAS, the subject remnants are not utilized as a roadway because of the curves in its alignment, and the current alignment of Kahana Drive which traverses John and Josephine Andrade's and William and Frances Andrade's properties is straighter; and WHEREAS, the properties abutting Road Remnants 1, 2 and 3 are owned by William and Frances Andrade, and property along Road Remnant 3 is also owned by John and Josephine Andrade; and WHEREAS, William and Frances Andrade are willing to exchange those portions of their property over which Kahana Drive now lies upon, their properties more specifically identified as Lots 9-A-2 and 9-B-2; and WHEREAS, John and Josephine Andrade are willing to exchange that portion of their property over which Kahana Drive now lies upon, their property more specifically identified as Lot 10-A-2; and WHEREAS, all roadways, once established, continue until vacated, closed, abandoned or discontinued by resolution of the Council; and WHEREAS, the County of Hawaii finds that the mapped homestead Road Remnants 1, 2, and 3 are no longer required as a vehicular transportation corridor; and WHEREAS, the County of Hawaii finds that the subject portions of the homestead road are economically and physically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape, and by definition is a remnant in accordance with Section 2-110, Definitions, Hawaii County Code; and WHEREAS, Section 2-111 of the Hawaii County Code permits the exchange of real property for private property, and Section 2-118, Hawaii County Code, allows for the disposal of remnant parcels; and WHEREAS, the exchange of real property, while not equal in size, is advantageous to the County of Hawaii in that it is the current alignment of Kahana Drive and will provide a shorter, better, and safe road design, which will reduce maintenance costs and possible future claims of liability. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Road Remnants 1, 2 and 3 are declared to be abandoned and otherwise discontinued as a right-of-way, that it is physically and economically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape, and is hereby declared a remnant as set forth in Section 2-110, Hawaii County Code, and pursuant to Sections 2-115 and 2-118, authorizes the disposal by exchange of Road Remnants 1, 2 and 3, to William and Frances Andrade; and the acceptance of Lots 9-A-2 and 9-B-2 from William and Frances Andrade, and Lot 10-A-2 from John and Josephine Andrade. BE IT FURTHER RESOLVED that copies of this resolution and letters of appreciation be sent to (1) John and Josephine Andrade, 46-3675 Old Mamalahoa Highway #A, Honoka'a, Hawaii 96727; and (2) William and Frances Andrade, P.O. Box 578, Honoka'a, Hawaii 96727; and that copies of this resolution be also provided to (3) William Takaba, Director of Finance; (4) Dennis K.W. Lee, Director of Public Works; and (5) Gerald Takase, Assistant Corporation Counsel. DATED: ,Hawaii, INTRODUCED BY: COUNCIL M' M -R, C UNTY OF AI'I s:\deptldpwVcahana dr\reso draft 2\10-02\GTde.doc COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by cHUNG the vote indicated to the right hereof adopted by the ELARIONOFF COUNCIL of the County of Hawaii on HOLSCHUH ATTEST: JACOBSGN LEITHEAD-TODD REYNOLDS SAFARIK TYLER Reference C-14 3/P-Council COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 1~' (Draft 2 )