HomeMy WebLinkAboutRES 214 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 214 4_>' 4
(Draft 2)
A RESOLUTION ACCEPTING THE DONATION OF A ROADWAY LOT KNOWN AS
AINALOA BOULEVARD FROM THE AINALOA COMMUNITY ASSOCIATION, INC.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, AINALOA COMMUNITY ASSOCIATION, INC. is the owner of the
roadway lot described as Lot 9716, area 23.217 acres, as shown on Map 586, filed in
the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land
Court Application No. 1053 (amended) of W.H. Shipman, Limited, known as Ainaloa
Boulevard; and
WHEREAS, the County of Hawaii has created a project known as the Puna
Emergency Access Road, located at Kea'au, District of Puna, Island and County of
Hawai'I, and must acquire real property for this public purpose; and
WHEREAS, the above-referenced property presently owned by Ainaloa
Community Association is an essential part of the Puna Emergency Access Road
project; and
WHEREAS, the County has already acquired possession of lands and has
completed improvements necessary to connect Ainaloa Boulevard with roads in
Hawaiian Acres Subdivision to complete the Puna Emergency Access Road; and
WHEREAS, the Board of Directors of Ainaloa Community Association, Inc. has
expressed a desire to convey and gift the aforesaid roadway lot known as Ainaloa
Boulevard to the County of Hawaii, in fee simple, free of charge; and
WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter (2000)
provides that the Council, on behalf of the County of Hawaii, may accept gifts or
donations of real property.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that, in accordance with Article XIII, Section 13-12 of the Hawaii County
Charter (2000), the County of Hawaii is hereby authorized to accept the donation of the
above-noted roadway lot known as Aina oa Boulevard, located in Kea`au, District of
Puna, Island and County ^f Hawaii, fro the Ainaloa Community Association, inc., in
fee simple, free of charge, for the purpo a of creating the Puna emergency Access
Road.
BE IT FURTHER RESOLVED th said donation is to be accomplished in the
form of a Warranty Deed or equivalent it fee simple with full warranties of title, free and
clear of aN bens or encumbrances, axes t such roadway and utility easements as may
be shown on the transfer certificate of fife or reservations required by statute in favor of
the State cf Hawaii, the deed to be appr ved as to form and legality by the Office of the
Corporation Counsel.
SE IT FINALLY RESOLVED that he Office of the County Clerk is hereby
directed to forward cop€es of this resoluti n to (1) the Honorable Mayor Harry Kim;
(2) ~3ruce McClure, Director of Public W ~rks; (3) the Ainaloa Community Association,
Inc., RR 3, Box 1303, P~hoa, Hawaii 96 78; and Assistant Corporation Counsel
Gerald Takase.
Dated at xilo ,Hawaii, this stn ,day of Ju1~ , 2005.
INTRODUCED BY:
Coura m unty of Hawaii
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, (°laWal`I ARAKAKI X
HIGA X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of he HOLSCHUH X
County of Hawaii on Juice 7 , 20:
IKEDA X
ISBELL X
ATTEST: JACOBSON X
PILAGO X
SAFARIK X
,/J/~~ - 9 0 0 0
L
~~l/~'V~~'/~%~'" Reference: C 696 (2002-2004) /C-328
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COUNTY CLERK CHAIRMAN & PRESIDING OFFICE RESOLUTION NO.
(Draft 2)