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Home My WebLink AboutRES 026 Draft 01 2004-2006 COUNTY OF HAWAII - STATE OF HAWAII RESOLUTION NO. 26 (~4 RESOLUTION AUTHORIZING GRANT OF EASEMENT FOR RETAINING WALL PURPOSES AT KALOKO, DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAII, TAX MAP KEY (3) 7-3-051:019: PORTIONS OF HINALANI STREET, KANALANI STREET, AND OLOWALU STREET, TO KONA INDUSTRIES, INC. WHEREAS, the County of Hawai` i is the owner of those certain roadway pazcels located in the Kaloko Light Industrial Subdivision, Unit 1, at Kaloko, North Kona, Island, County and State of Hawaii, known as Hinalani Street, Kanalani Street, and Olowalu Street; and WHEREAS, Kona Industries, Inc., is the owner of Lot 18 of the Kaloko Light Industrial Subdivision, Unit 1, at Kaloko, North Kona, Island, County and State of Hawaii, specifically identified as Tax Map Key No. (3) 7-3-051:019; and WHEREAS, the retaining wall owned by Kona Industries, Inc., along the northern boundazy of Hinalani Street, eastern boundazy of Kanalani Street, and southern boundary of Olowalu Street, encroaches into the public right-of--way; and WHEREAS, the retaining wall owned by Kona Industries, Inc. was constructed under county building permit number 885546, issued on June 16, 1988; and WHEREAS, Kona Industries, Inc. needs the grant of easement to maintain its retaining wall along the northern boundary of Hinalani Street, eastern boundary of Kanalani Street, and southern boundazy of Olowalu Street within the public rights-of-way; and WHEREAS, the required easement is approximately sixty-two (62) square feet, and is appraised at ONE THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($1,100.00); and WHEREAS, Section 2-111 of the Hawaii County Code authorizes the Council, by resolution approved by a majority, to direct the finance director to grant easements from the County of Hawaii, subject, however, to reversion to the County of Hawaii upon termination or abandonment of the easements for the specific purposes for which they were granted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Section 2-111 of the Hawaii County Code, that it hereby authorizes the director of finance to grant an easement for the encroachment of said retaining wall to Kona Industries, Inc., its successors and assigns, as described and delineated in Exhibits "A" and "B" attached hereto, until termination or abandonment of that specific purpose, or upon reconstruction of the retaining wall, under the following conditions (See Exhibit "C"): 1. Kona Industries, Inc. shall hold harmless, indemnify and defend the County of Hawaii, its officers, employees and agents against any lawsuit, claims, demands, judgments, liens or costs arising from the placement of the private retaining wall within the county's right-of--way. 2. The County of Hawaii shall have no obligation to repair or replace the private retaining wall, even if damaged by the county. 3. Kona Industries, Inc. shall, at its own cost and expense, temporarily or permanently move the private retaining wall out of the county road right-of--way in the event the county determines the private retaining wall interferes or obstructs any improvement being provided by the County of Hawaii. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to (1) Kona Industries, Inc., 73-5563 Olowalu Street, Kailua-Kona, Hawaii 96740; (2) William Takaba, Director of Finance; (3) Bruce McClure, Director of Public Works; and (4) Diane A. Noda, Deputy Corporation Counsel. Dated at Hilo , Hawaii, this 21st day of January 2005 . INTRODUCED BY: ~ COUNCIL MEMBER, 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 the HIGA X vote indicated to the right hereof adopted by the COUNCIL of HOFFMAN X the County of Hawaii on J anu ark 2~, 2 0 0 5 HOLSCHUH X IKEDA X ATTEST: ISBELL X JACOBSON X PILAGO X ~ - ~ SAFARIK X / ; l 1 1 .l d' ~ t f~ ~ 9 0 0 0 Reference C-41/Waived PWIRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. Encroachmerrt #t'I Land situated at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Being a portion a': File Plan 1806; and Hinalani Street and Kanalani Street rights-of--way. Beginning at a point on the northwesterly boundary of Lot 18, the coordinates of said point of beginning refened to Government Survey Triangulation Station "MOANUTAHF.A" being 17,37723 feet South and 23,416.52 and running by azimuths measured dodcwise from True South: On a curve to the left with a radius of 30.00 feet and radial azimuth of 322° 31' 39", the chord azimuth and distance being: 1. 25° 28' 56" 2728 feet along Lot 18 to a pant; Thence on a curve to the right with a radius of 28.00 feet and radial azimuth of 266° 19' 37", the chord azimuth and distance being: 2. 205° 28' 56" 2728 feet along the remainder of Hinalani Street and Kanalani Street rights-of-way to the pant of beginning and containing an area of 5 square feet. KKM Surveys ~~~~N McM/~~ LICENSED PROFESSIONAL * LAND SURVEYOR No. 9040 /YgWAII, U S P ~~i'~~1lJ~.a---~ 75-5768 Makelina Place Kevin McMillen Kailua-Kona, Hawaii 96740 Licensed Professional Land Surveyor June 28, 2004 State of Hawaii Certifigte No. LS-9040 EXHIBIT Encroachment rlt2 Land situated at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Being a portion of: File Plan 1806; and Kanalani Street right-of-way. Beginning at a pant on the westerly boundary of Lot 18, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHFJ4" being 17,439.78 feet South and 23,412.66 and running by azimuths measured dodcwise from True South: . On a curve to the right with a radius of 6,500.00 and a radial azirttuth of 63° 57' 33.5", the chord azimuth and distance being: 1. 334° 26' 36" 109.80 feet along Lot 18 to a pant; 2. 154° 28' 58" 10.79 feet along the remainder of Kanalani Street right- of-way to apant; 3. 154° 26' 08" 62.05 feet along the remainder of Kanalani Street right- of~lway to a pant; 4.154° 26' 41" 36.96 feet along the remainder of Kanalani Street right- of-way to the pant of beginning and containing an area of 17 square feet. ~J~N McMI~~ KKM Surveys uCENSED PROFESSIONAL * LAND SURVEYOR No. 9W0 ygwAll.Uc~P "t 75-5768 Makelina Place Kevin McMillen Kailua-Kona, Hawaii 96740 Licensed Professional Land Surveyor June 28, 2004 State of Hawaii Certlflpte No. LS-9040 Encr~chmeM if3 Land situated at Kaloko, North Kona, Island and County of Hawaii, State of Hawaii. Being a portion of: File Plan 1806; and Kanalani Street and Olowalu Street rights-of-way. Beginning at a point on the southwesterly boundary of lot 18, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHF~4" being 17,582.59 feet South and 23,344.40 and running by ai~muths measured dodcwise from True South: On a curve to the left with a radius of 30.00 feet and radial azimuth of 234° 13' 48", the chord azimuth and distance being: 1. 292° 09' 36" 31.86 feet along Lot 18 to a point; Thence on a curve to the right with a radius of 23.00 feet and radial azimuth of 158° 19' 40", the chord azimuth and distance being: 2. 112° 09' 36" 31.86 feet along the remainder of Kanalani Street and Olowalu Street rights-of-way to the point of beginning and containing an area of 42 square feet. KKM Surveys ~~~~N McMi~ Z LICENSED PROFESSIONAL " * LAND SURVEYOR No. 904p ygk'All. U•S P~ 75-5768 Makelina Place Kevin McMillen Kailua-Kona, Hawaii 96740 Licensed Professional Land Surveyor June 28, 2004 State of Hawaii Certifipte No. LS-9040 i~o 1~32~15 INV ~'dNlt'1 ~ ~c li y 6u1d45 iw.wod ~11WA i ~ f 3 f <S.. EE ~ APO u.~ i 3 'g a rJ Grf'1,l sy r a OQ y~J u O j O_ ^ ~ ~'N 4° 3~ ~ 8~ 2~j s~ ui Ose ~ 'n f Zi R ; s D sw g~ m o z g o D wal aear ° a r 8 ~ 3 D 6}57 3}.5 6`>~ a Z r, ~ Q 4 0 Uy~ P Y 'N 4 Pb a ~p Z A u W ~ 3 a ~ (17 SV. FL) ~ I (p 1 rro OCN ~ ~ x 1" r ~ O ~ Z = ~ 0 0 0 Q ~ ~ ~ b ~ 6435'}7.Y O D N Y_ r A Wall poor Z~ m m ~s= FEZ m , y>~ ~bD(1 ~ = n rnN ~t DO ~ g pub ~k w O " Q 04 ~g4 D3= ~ _ N C r m „ ~~~bJ,. hgU ZOZ N ~ ~ ~ n/ N ti~~ . - p~ eS ~ ~ F jea'~ d 0 ~~~'d o ~ MTite Pavement Anping 0 OLOWALU STREET x 4 0 0 0 ~ o I (P ~ 'a , O~ r s n ~ ; 4 Ou ~ S o " _ ~ ~ N ~ ~m ~ =0e ~ t ~ ° ~ ra ~ ~ a~ ~ v ~ s ~ v ~ N EXHIBIT ~ OCT.27'200d l0:dd 8083295788 Law office Alan H. Tuhy p2068 P.002/002 HaayRim _ William Takaba Hapm Orroefar ~ • Nadcy 7;. Crawford n•A~bDircNr County of Hawaii finance bepertment zs naPunt seat, aaom ttt . 11aa a..rv1 ssrio . (808)Yali2N . Fax(AO6)961+4246 Lune 2, 2004 Mr. Klaus D Converaz, H. D, B, M. 5 ' Bwmeister Consulting P. O. Box 23011 Rallaa Kona TT[ 96745 SUBJECT: liEQIIFST FOR RETAWII4C WA1L EASEIHBNT OVR& COVKBNMEIVT RIGRT-0F-WAY, RALOTCO LTGRT TNDU57RiAL b'UB'll. UNiT 1, KALOKO, NORTH KONA, HAWAH,IMK (S) 7-3~i1;19 Tn response to roar h>ltec of Maack 16, 3001. tho Departrneat ofFlnanoe has tro abJection to gent an easemem of the govanmem righ4of--way along wnalani,lCarralani and Oloaalu Strat for your cllmt In addltloq the Depaztmem o[PubUe Wodcq HngintXring Divisioq has set loth the foLLowiag cortditiooc: • Tho granlce shall hoW twmleac, mdemolry and defendlho Cowrty Of Hawaii, ifs afticort, employees and agents agafast any lawailt, dalmc, ddM+mnd47~i~. lions or mcts arising tmm the placeaaem of the private retaining wall within the Cauoty'a rigfitoT-way. Tho Coua4y of Hawaii tball haw w obligation to repair or replace 1ha private roaming wall eern if danwged by Comity. Should the pd.-aac Klaining wall tarerfe,e W ebatratx a~ Improvements being providod by Iho CWntY e>f ITaweii, the gramee shall, at his own oust and oxpenm, hmporarity or prarnaaextffY move the private retaining wa11 oul of rho County mad rigM~ofway. por your ~ormatioq tlu Hawaii Coua>;Y Code, Chapter 2, Anicla 19, 5ealon 2-111 eels forth the provision by which real property belonging to dte CounlY is disixtaed. By resohrtioq the Hawaii Cowry Council authorizes ttw disposition of real property. The purcluser is responsible for Ute cost of appraisal, fair market value of the tarrd, surveyoi a services, map and dcaciiption of the parcel, attomay's fee and the tlocmnental3on, If you have testions, please call Stanley Iwautom of the Accounts Division at 9(1-8439. WilliaotT:tla a DirccYOr of FinimOC. EXHIBIT G