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HomeMy WebLinkAboutRES 121 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 121 03 RESOLUTION AUTHORIZING THE ACCEPTANCE OF TWENTY THOUSAND THREE HUNDRED NINETY NINE AND 55/100 DOLLARS ($20,399.55) FROM THE KA`OHE NORTH ROAD ASSOCIATION FOR BASIC GRUBBING AND GRAVEL TOPPING IMPROVEMENTS TO KA`OHE NORTH ROAD, WAIAKAHIULA, DISTRICT OF PUNA, COUNTY OF HAWAII WHEREAS, The Ka`ohe Homestead "North Road" as described in Exhibit "B" of Exhibit "1" attached hereto, and depicted on the location map Exhibit "A" of Exhibit "1"attached, has been ascertained to be an old Government Homestead Road, laid out and opened by the Temtorial Government in the process of subdividing the Ka`ohe Homestead lots at Waiakahiula, District of Puna, County of Hawaii; and WHEREAS, The North Road is not a mere paper road, but has been constructed and actually existed as an unpaved road at various times in its history; and WHEREAS, the Ka`ohe North Road Association, an unincorporated association of Ka`ohe Homestead landowners, has paid for a survey of the North Road right-of--way by a surveyor licensed in the State of Hawaii, which survey resulted in the description in Exhibit "B" of Exhibit "1"attached hereto; and WHEREAS, the North Road is not accepted by the State of Hawaii Department of Transportation as a State Highway under its jurisdiction, and therefore is a County highway under HRS Section 264-1; and WHEREAS, parts of the North Road are overgrown by vegetation and in need of basic grubbing and gravel covering to be made navigable by wheeled vehicles; and WHEREAS, said basic improvements are necessary to restore North Road to usability as an unpaved public access road, and to provide public legal access to portions of Ka`ohe Homesteads, reducing the need for homestead lot owners to cross their neighbors' private property for ingress and egress; and WHEREAS, said basic improvements will help resolve ongoing legal disputes over roadway ingress and egress between lot owners in Ka`ohe Homesteads; and WHEREAS, the Ka`ohe North Road Association has offered to provide the County of Hawaii Department of Public Works as a donation the sum of TWENTY THOUSAND THREE HUNDRED NINETY-NINE AND 55/100 DOLLARS ($20,399.55) which is the DPW's estimate of costs for the County to make the basic grubbing and gravel covering improvements aforesaid, under the terms of a proposed agreement with the County, as set forth in Exhibit "1" attached hereto; and WHEREAS, the DPW is prepared to plan and execute the basic grubbing and gravel covering improvements aforesaid, and has already completed the minimal preparatory work necessary to accomplish the aforesaid basic improvements within the North Road legal right-of--way. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the County of Hawaii, through its Department of Public Works, is authorized to accept a donation of TWENTY THOUSAND THREE HUNDRED NINETY-NINE AND 55/100 DOLLARS ($20,399.55) from the Ka`ohe North Road Association. BE IT FURTHER RESOLVED that it is the intent of the County of Hawaii that this donation be used to provide grubbing and gravel covering improvements for the Ka`ohe Homesteads North Road as described above. BE IT FURTHER RESOLVED that a letter of appreciation be sent to the Ka`ohe North Road Association through its President, at P. O. Box 1126, Pahoa, Hawaii 96778, acknowledging this generous donation. The County Clerk shall forward copies of this resolution to the Ka`ohe North Road Association, the Hawaii County Department of Public Works, and the Department of Finance, Accounts Division. Dated at Hilo ,Hawaii, this 19th day of Ilovember , 2003. INTRODUCED BY: ~4 COUNCI B OUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by CHUNG 1; the vote indicated to the right hereof adopted by the ELARIONOFF COUNCIL of the County of Hawaii on Novc~nber 19 ; 2003 HOLSCHUH JACOBSON ATTEST: REYNOLDS X SAFARI K X TULANG ' ~ TYLER Reference C-387/Bil.l 171/FC TY CLERKS CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. O~ MEMORANDUM AGREEMENT FOR ROAD IMPROVEMENTS FOR THE KAOHE HOMESTEAD "NORTH" ROAD THIS MEMORANDUM AGREEMENT made this day of 2003, by and among the KAOHE NORTH ROAD ASSOCIATION (hereinafter, the "Association"), an unincorporated non-profit ~ association under Hawaii Revised Statutes Chapter 429, whose mailing address is t~ ~•b~ ~cX IIZb ~~/~1° PLi~tDe~ ~ h~l ~bl~~ and the COUNTY OF HAWAII , a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 by and through its Mayor. WITNESSETH: This Memorandum Agreement sets forth the duties and responsibilities as understood by the parties in undertaking the road improvements described herein for the Kaohe Homestead Road portions identified herein as "North Road," for the area and length generally set forth in Exhibit "A." The Parties understand and agree that this Memorandum Agreement is subject to approval by the Hawaii County Council. WHEREAS, the North Road, as described in Exhibit "A" hereto, has been ascertained to be an old Government Homestead Road, laid out by the Territorial Government in the process of subdividing Kaohe Homestead; and Exhibit "1" WHEREAS, the aforesaid North Road is not a mere paper road, but has been constructed and actually existed as an unpaved road at various times in its history; and WHEREAS, the Association is willing and able to cooperate with the County to bring the North Road into condition useable as a gravel access road; WHEREAS, the improvements contemplated herein are necessary to resolve community legal disputes over access to portions of Kaohe Homesteads; NOW, THEREFORE, the parties agree as follows: 1. The Association agrees that as apre-requisite and condition of the County improvement of the subject portions of the North Road, the Association will be responsible for obtaining and paying for a survey of a portion of the North Road and location of the existing unpaved road (initial survey), done by a surveyor licensed to practice in the State of Hawaii, as shown on Exhibit "B". 2. Upon completion of the initial survey to the satisfaction of the County, as determined by the Director of the Department of Public Works, the County shall be responsible for design and construction of a gravel-only roadway surface on the subject roadway area under the conditions stated herein: 3. The County's responsibilities under this Memorandum Agreement are further contingent and conditioned upon the following: A. Association shall provide funding for the roadway improvements in the initial estimated total amount of TWENTY THOUSAND THREE HUNDRED NINETY-NINE AND 55/100 DOLLARS ($20,399.55), to be received by the County within ninety (90) days of the execution of this Agreement. Should the foregoing condition not be satisfied within one (1) year from the date of this Memorandum Agreement, the County's obligations under this agreement shall cease and this Memorandum Agreement shall terminate without further notice or action of the parties, with no party liable to the other for any loss, expense or damage related to this Agreement, except for return of funds deposited with the County for road improvement costs, without interest. 4. Upon satisfaction of the Association's obligations set forth above, the County will: A. Review the Initial Survey and make inspection of the proposed improvement areas, to ascertain that the proposed improvements can be made within the existing North Road right-of-way as originally laid out, at the estimated cost; and B. If the County finds that the proposed improvements can be carried out for the proposed cost, then the County will proceed with design and construction of gravel-only surfacing of the subject roadway, and maintain the roadway as built. The scope of work shall be as follows: 1. Department of Public Works will grub, i.e. remove the existing vegetation from the existing right-of-way and place the grubbed material on the various adjoining privately owned parcels. 2. The Department of Public Works will then add l~/z inch base course material for a minimum width of 12-feet over these grubbed areas as needed. 3. In the small area of new construction, the entire width of the right-of-way will be cleared. A travel way of 11/z inch base course material from 4 to 6 inches thick and 12-feet wide will then be added to complete the work. D. If the County finds that it is not able to complete the contemplated improvements for the proposed cost, it will provide the Association with a written revised estimate. If the Association is unable to provide the County with additional funds to cover the revised estimate, within three (3) months of the date of the estimate, the County shall return the original estimated cost payment to the Association and this Memorandum Agreement shall terminate, with no party liable to the other for any expense, loss or damage related to this Agreement. If the Association is able to provide the County with funds to cover the revised estimate, the County shall proceed to design and construct the proposed improvements. 5. The parties agree and understand that the County's gravel-only surfacing of the subject roadway area will not be to County-dedicable standards. Nothing in this Memorandum Agreement, or the parties' performance pursuant to it, shall be construed as any commitment to make further improvements upon the subject roadway area beyond those described herein, or to bring the roadway area up to County-dedicable standards. 6. The parties agree and understand that the County will not be doing any substantial drainage improvements as part of the subject improvements, and that the Association and all adjoining or otherwise affected landowners assume the risk of any increased rainwater sheeting and runoff that may result from the improvements to be done pursuant to this Memorandum Agreement. 7. This Memorandum Agreement is the entire agreement between the parties regarding the proposed roadway improvements to North Road, and supercedes all prior oral or written agreements between the parties. This Agreement shall not be amended except by a written memorandum in writing signed by the parties. e$ ~ e, ~ _ _s^ ~I i 12i j~y., a= x ~ ~GF~O Y I ~C yu~. ~ ~ 3 $ u ~ \ , i y j 1 \ ~ a wl a R~ 0 1 t ~ n W I ; 1 Y z / s 1 ` 0 ® ``z ' I Y FI ~I 1.3U if ~Ca ~ ~J~S ° ~f " Lei j}t( s`` i, ~ ~a® ~ iw Q, o ' i Lh11'. e A~ ~ `y r f l l~ g e f 7 ; p n © ~ ~ a !7t x { t. x 1 ~ tp , ! p o Q L 1_.._ L I ; ~ f Y ~I W y 0 3f : o s` ~t a~.~s:~~ . „ x . 11 F.. f® dry f i~~0~'T e' ` r d .x, f ~ 1 ~ c _ = r '.A D u t ! !n ~ a P ? jfi pp x S i i u : F-0P 1: i~ a a .s' 9 v Pi C3ii i d'~i,-S"~.. -?ii ,z r 20 2 k s t LEGEND: E FEET PROJECT SITE o~io~ SCALE EXHIBIT ii/'1ii DPW/ENG R.M. 8/13/03 SKETCH OF STAKING OF A PORTION OF NORTH ROAD, KAOHE HOMESTEADS ,.P SET PUNA, HAWAII, HAWAII y~. 1M1~,.t6ry y; ~ ~ti Fycf~CA ~ • / Ql k"o ~ 'L ~ ~(~l l~lkyk.yay ~ ~ ~~~~/P PET APO ~O a0'.eP q STET µl t~ yti ~ tiM1 Q, ,~y°0{ ,ryy°'' a0 ~ti /r° 0~y.. / 1ry^P O ~ ,~9o'00tA k0~~0 ry'7 SPIKE SET\`~lkh~ ~pl~,c~°' y °hry ly PIPE ~ a n',^~• CP /6 0100 `~^p SET `,~1 7 ry ~y `rte ~ 1 F1~0ro~~pp'°'ry PIPE `~L1~ rl 0~1 MIDDLE ROAD o it ~•5 L `Q,T FNQ. `1`1n' W 2 ~ 01 .P^ \ .7ry h .ha ~ 0 ryy`t'~.aQO+y,0~ `an PO,,p'O -q~"'~ • ND. ` ~ `1'~y~k1 FNDE `0,72171~yyA~ 00 `Q~ ~ 4~h eY'y htib~ .o°' 01 ~ ~ l~l"~00'hh yk 1 F ry FNDE ~h5ryh 11' PIPE FND. 1 `~M1~,Sryti 0 11,t'LrO O~ (R)51177 00' ~ ~'HR19 TLCNs /6.J6' = UCEN9ED Ry 0 400' 800' 1200 (F)5150'35" PROFESSIONAL ( 16.21' * lunvEYOR * FEET Ne rqn Sr~ Thla work wa H b}fafF.d~ me dOTES: or under my direc pervislon 1. The features shown hereon were located by on actual field survey performed on September 20, 2002. 2. No boundary ancroachmente ware found ezcept Niels Christensen as shown. Licensed Profeaaionel Land Surveyor License Number 9077 3. No vlolatlons of County Zoninq Setback Codes were found ezcept oa shown. The 4. Field measured dimensions (F) era within accaploble tolerances as compared to record Independent dimensions (R) tar land of this type and in Hawaii this aubdiNslon. $luroeyoTa 5. See attached Re art g toH al ou w° p pertelnin to setbacks Hllo Vnan.~~%JZO and encroachmen ls. OSfICe Em°II85B-0]80 Date: Sept. 20, 2002 EXHIBIT f~Bfr Drawing: J08J525.dwg