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Home My WebLink AboutRES 227 Draft 01 2002-2004 OFFICE INFORMATION ONLY Meeting: Public Works and Intergovernmental Relations Committee - 02/01/2005 Action: Close file via Comm 45 dated 12/17/2004 (Note: Initially deferred for 30 days fro Mr. Tyler to take desired action He did not complete his research/tasks prior to leaving office on 12/06/2004. An easement (instead of purchase) will be explored at a future date. Res. 227 -04 was never agendized thereafter ) Re: Res. 227 -04, Comm. 727 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 2~'~ RESOLUTION AUTHORIZING THE ABANDONMENT AND DISPOSITION OF A ROADWAY REMNANT (PARCEL R-2 REVISED), SITUATED AT HOLUALOA, NORTH KONA, HAWAII, BEING A PORTION OF TAX MAP KEY: (3)7-7-004: PORTION OF 041 BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, that segment of a roadway remnant (Parcel R-2 Revised), containing an area of 909 square feet, located at Holualoa, North Kona, Hawaii, along the southern edge of Ali'i Highway and identified as Tax Map Key: (3)7-7-004: Portion of 041 (see Exhibits "1" and "2" attached), is inconsistent with existing highway use, and is misaligned for transportation purposes for the general public; and WHEREAS, the title to said roadway remnant was quitclaimed to the County of Hawaii by the State of Hawaii, by its Board of Land and Natural Resources, by Quitclaim Deed No. S-28,659, dated September 3, 2003, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2003-201274; 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 subject property is economically and physically unsuitable or undesirable for development or utilization as a separate unit due to its location, size and shape, and by definition is a remnant in accordance with Section 2-110, Definitions, Hawaii County Code; and WHEREAS, the property abutting the aforementioned property is owned by Edmund A. Benech, who, through his attorney, has expressed a desire to acquire the aforementioned property; and WHEREAS, pursuant to Section 2-111, Hawaii County Code, the Council may direct the Director of Finance or the Director of Public Works to dispose of real property in fee simple; and WHEREAS, pursuant to Section 2-118, Hawaii County Code, remnants or portions thereof may be disposed of without recourse to public auction and shall be first offered for sale to the abutting landowner; and WHEREAS, pursuant to Section 2-118(c), Hawaii County Code, as a remnant less than 2,500 square feet, the Real Property Tax Division has established a value of $30 per square foot, for total of $27,270, for this 909 square foot remnant; and WHEREAS, pursuant to Section 2-118(d), Hawaii County Code, disposition costs may be added to the sales price, less recognized costs of the buyer. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the aforementioned segment of a roadway remnant (Parcel R-2 Revised), containing an area of 909 square feet, located at Holualoa, North Kona, Hawaii, along the southern edge of Ali`i Highway and identified as Tax Map Key: (3)7-7-004: Portion of 041 is declared to be abandoned and otherwise a discontinued right-of-way which is physically and economically unsuitable or undesirable for development or utilization as a separate unit by reasons of its location, size and shape and by definition is a remnant in accordance with Section 2-110, Hawaii County Code. BE IT FURTHER RESOLVED that the Director of Finance is authorized to sell the aforementioned remnant without recourse to public auction in a manner consistent with Section 2-118, Hawaii County Code. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) the Honorable Harry Kim, Mayor of the County of Hawaii; (2) William Takaba, Director of Finance; (3) Bruce McClure, Director of Public Works; (4) Craig T. Masuda, Deputy Corporation Counsel; and (5) Edmond Benech, c/o Wallace H. Gallup, Jr., 75-5591 Palani Road, Suite 3007, Kailua-Kona, Hawaii 96740. Dated at , Hawai`I, this day of , 2004. INTRODUCED B l i CO I E BER, COUNTY OF HAWAII 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 t0 the right hereof adopted by the ELARIONOFF COUNCIL of the County of Hawaii on HOLSCHUH ATTEST: JACOBSON REYNOLDS SAFARIK TULANG TYLER Reference C-727/P4d&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 2''~ ~ ® 4 #11348.6 Parcel R-2 (Revised) . ABANDONED OLD GOVERNMENT ROAD REMNANT PARCEL R-2 (REVISED) Land situated on the Southwesterly side of Alii Drive and on the Easterly side of Lot 4 as shown on Map 3 of Land Court Application 1705, at Holualoa 3rd, island and County of Hawaii, State of Hawaii. Being a portion of: Road Remnant -Government Land (State of Hawaii) Beginning at the Northeasterlycorner of this parcel of land, being also the Southeasterly cornerof Parcel R-1 (Revised) and an angle point on the Southwesterly side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 5,623.13 feet South and 3,573.53 feet East and running by azimuths measured clockwise from True South: 1 . 330° 19' 71.68 feet along the Southwesterly side of Alii Drive to a point; Thence, following along the Southwesterly side of Alii Drive on a curve to the right with a radius of 930.40 feet, the chord azimuth and distance being: 2. 332° 46' 39" 79.90 feet to a point; 3. 103° 34' 40" 10.62 feet along the remainder of Government Land (State of Hawaii) to a point; 4. 153° 58' 144.64 feet along Lot 4 as shown on Map 3 of Land Court Application 1705 to a point; 5. 243° 58' 1.96 feel along Abandoned Old Government Road Remnant Parcel R-1 (Revised) to the point of beginning and containing ~~~P~ T yAMgs an area of 909 Square Feet. Q- LICENSED 9,~ ~///E/f/S//TJ~H~OMAS ASSOCIATES Ej PROFESSIONAL ~/~~F/~~i~~~ LAND _ _ * SURVEYOR No. aaai Chrystal Thomas Yamasaki h'q ~5P Licensed Professional Land Surveyor WAIL, State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-7-004: portion 041 (3rd Division) October 22, 2003 a>>sas s Page 1 of 1 WES THOMAS ASSOCIATES -Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 EXHIBIT "1~~ QUE3pIViSION NUMBER T'QIiF ARK~K20VflD FOR RECORDA?ION with the Bureau of ~kF. '1'O Conveyances, State ct Hawaii / INCH ~ MTh' ~'~E?~ Plann ng Director, Cou T Hawaii FEB 2004 Dale: PARCEL R-1 (REVISED) ALII DRIVE ro ,ree„ho~- --Te Ke;wa 30 S0. FT. 5,623.13 Ft. South PARCEL R-2 (REVISED) 3,573.53 Ft. East 909 SQ. FT. Ref. "KAHELO"A 330'19' 30.83 330'19' 71'68 I 33246'39"- 79.90 , 153'58' ~ 144.64 ~ ' 63'58' 1.96 t a:;: 15338' 30.77 A, - ~ ~ d of ~.I o o' a ~i R M Lot 4 v ~ ~ Lof 3 Ni O LAND COURT APPLICATION 1705 Government Lond E (MAP 3) State of Nowaii ' (Owner r! J ! J r1 ! J r1 >3 J MAP SHOW/NG CONSOLIDATION OF ABANDONED OLD GOVERNMENT ROAD REMNANT PARCELS R-1 AND R-2 ' AND RESUBDlV1SION INTO PARCELS R-1 (REVISED) AND R-2 (REVISED) ~ P~ ~ >-;~~r 5 /a. At Holualoa 3rd, North Kona, i~ L'~E'~''`' Island and County of Hawaii, State of Hawaii Lrt;, ' H•* •7T3i ~ This mop was prepor d~r ..ot_.- ~P' under my d~irectQsupern r,ll,U"~~ ~~ma~ CNR AL TNOM4S YAMAS4Kl Licensed Pro/essional Land Survrycr Stole o/ Hawaii Certificate Number LS-4JJ i PRQ/fCT NO.: 11348.7 TAX MAP KEY.' 7-7-04: PORTION 41 (3RD OMSION) RELD BOOK NO.: DAIE.~ OCTOBER 22, 2003 REVISED: NOVEMBER 18, 2003 (PARCEL R-2 (REVISED)) November 18, 2003 p:\acfrve\11000-11999\11348.7\713487.dgn WES THOMAS ASSOCIATES - Lond Surveyors - 75-5749 Kalowo Street ~~I$IT nzn Koilua-Kona, Hawaii 96740-1817 lEL (8GH) J?9-235J FAX (8OB) J29-5334 EAINL surveysOwtohorow.com