HomeMy WebLinkAboutRES 040 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 40 03
RESOLUTION AUTHORIZING THE ABANDONMENT AND EXCHANGE/SALE OF ROAD
RIGHTS-OF-WAY WITH CHRISTIAN SIEBER, JACQUELINE VICTORINO, CAROLINE VICTORINO
AND COLLEEN VICTORINO, TAX MAP KEYS: (3)2-9-004 (PORTION), 2-9-004:035, 058 AND 092.
WHEREAS, Kaiwiki Road, which is owned and maintained by the County of Hawaii, has
strayed from the right-of-way in the vicinity of Tax Map Keys: (3)2-9-004:035, 058 and 092; and
WHEREAS, the County of Hawaii is the owner of aright-of-way designated as Remnant A
(see attached map), consisting of 12,810 square feet, and Remnant E, consisting of 1,125 square
feet; and
WHEREAS, Caroline Victorino, Colleen Victorino, and Jacqueline Victorino are the owners of
that portion of the current roadway designated as Remnant C, consisting of 11,052 square feet, and a
remainder Remnant B, consisting of 935 square feet; and
WHEREAS, Christian Sieber is the owner of that certain portion of the current roadway
designated as Remnant D, consisting of 1,441 square feet; and
WHEREAS, the County of Hawaii wishes to recognize the current alignment of Kaiwiki Road
through this area, which does represent a straighter and safer alignment for the roadway; and
WHEREAS, Mr. Sieber and the Victorinos have agreed with the County and between
themselves to an exchange of parcels as set forth:
1. Remnant A (12,810 sq. ft.) will be conveyed to Christian Sieber by the County.
2. Remnant B (935 sq. ft.) will be conveyed to Christian Sieber by the Victorinos.
3. Remnant C (11,052 sq. ft.) will be conveyed to the County by the Victorinos.
4. Remnant D (1,441 sq. ft.) will be conveyed to the County by Mr. Sieber.
5. Remnant E (1,125 sq. ft.) will be conveyed to the Victorinos by the County.
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 the paved roadway and will provide a shorter,
better and safer road design, which will also reduce maintenance costs and possible future claims of
liability; 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 Kaiwiki Road remnants are no longer
required as a vehicular transportation corridor; and
WHEREAS, the County of Hawaii finds that the subject portions of the Kaiwiki 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, Sections 2-111 and 2-115 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
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII
that the Kaiwiki Road remnants 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 2-111, 2-115,
and 2-118, authorizes the disposal by exchange/sale, and accepts the real properties identified as
Remnant C, consisting of 11,052 square feet, from Caroline Victorino, Colleen Victorino, and
Jacqueline Victorino; and Remnant D, consisting of 1,441 square feet, from Christian Sieber, in
exchange for Remnant A, consisting of 12,810 square feet, to Christian Sieber, and Remnant E,
consisting of 1,125 square feet, to Caroline Victorino, Colleen Victorino and Jacqueline Victorino, all
being portions of Tax Map Keys:(3)2-9-004 (portion), 2-9-004;035, :058 and 092, and authorizes its
transfer.
S~ IT FURTHER RES®LV~D that a copy of this resolution be forwarded to: (1) Christian
Sieber, P. Sox 787, ~+~ountain View, I~llawai`i 96771; (2) Jacqueline Vietorino, 5820 Spring Glen
Drive, Fair Oaks, California 95623-2760; (3) Caroline Vietorino, 1335 Wider Avenue, apartment 105,
Honolulu, Hawaii 96322; (4) Co;lt~:en Vietorino, 508 Scott Street, Apartment 3, San Francisco,
California- 94117; (5) William Takaba, Director of Finance; (6) Dennis K.W. fee, Director of public
Works; and (7) Qerald 1"akase, Assistant Corporation Counsel.
DATED: Kona , Hawal`I, ~~Iarch 19, 2003
IfVTRODUCED SY: I T~,
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COUO~-fY C®IJi~IClle ROLL C~:I~L VOTE
C®u~ty ®f i-i~~~€'I
Kona, Hawal`i AYES NOES ABS EX
ARAKAKI
hereby certify that the foregos~g R~SOLtJTION was by c~euNC X
the vote indicated to the rie~ht h~~a~~ adopted by the EI.ARIONOFF x
COt)IVCiL of the County of Hawaii on '•'~fa~rla i nom, ~n~ I~oLSCe-su~a X
JACOBSON X
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REYNOLDS X
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TYLER X
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Reference
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