HomeMy WebLinkAboutCOM 0328.001 2004-2006 ~1Y OiN
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GARY S. SAFARIK Phone: (808) 961-8367
Cnmicfl„ieniber Facsimile: (808) 961-8912
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Ur.vrnrr 5 Pe,rn 11oda, • °:N• Fn,ail: Safarik~leO.hawali.hi.us
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County of Hcnvai'r
t&rwni'i Caun[y~ BuildinK
2s Aupuni Sneer
Vila, ffna~nr'i 96??0
June 27, 2005
MEMORANDUM
TO: ~jCouncil Members
FROM: yt"xiary Safarik, Member
~l Hawai`i County Council
RE: Ramseyered Changes from Kesolution 214-04, Draft I to Draft 2
Donation of Ainaloa Blvd. from the Ainaloa Community Association
1. "the changes from Resolution 214-04, Draft 1 to Draft 2, regarding the description of the
roadway lot are as follows:
WHEREAS, AINAI,OA COMMiJNITY ASSOCIATION, INC. is the owner of the
roadway lot described as [r,,.. , , n e..,.a:.:,.:,... n...._,..,..t rr„ ~Q~n r ,...a
~ ~..r.,..,.:,.., rr,. , nc~ Lot 9716, area 23.217 acres, as shown on
Map 586, tiled 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
WHGRF'sAS; the County of Hawaii has [t"° ^ ° ^F o°~ ^ F
~r created a project known as the Puna Emergency Access Road, located at
~"'°~'~~"°r~~"~ °^~~J Kea`au, District of Puna, Island and County of Hawaii, and must
acquire real property for this public purpose; 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 Gmergencv Access Road; and
NOW, "fHERF,FORI?, BE 11' RESOLVED BY THE COUNCIL OF THE COUN"hY OF
HAWAI'1 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 Ainaloa Boulevard, located in [Rona] Kea`au, District of Puna, Island and
County of Hawaii, from the Ainaloa Community Association, Inc., in fee simple, free of charge,
for the purpose of creating the Puna Emergency Access Road.
Comm. No.
Ref. To: aLW~
Huu~m l l'uunty~ is an lCqua(Opporrun7[,c Provider and P.mplover Ref, C'OYe
2. The changes from Resolution 214-04, Draft I to Draft 2, regarding the form of the deed
to accomplish the said donation are as follows:
BE IT FURTI TER RESOLVED that said donation is to be accomplished in the form of a
Warranty Deed or equivalent in fee simple with full warranties of title, free and
clear of all liens or encumbrances, except such roadway and utility easements as may be shown
on the transfer certificate of title or reservations required by statute in favor of the State of
Hawaii, the deed to be approved as to form and legality by the Office of the Corporation
Counsel[,
3. The changes from Resolution 214-04, Draft L to Draft 2, regarding the distribution of
copies of the Resolution are as follows:
BE IT FINALLY IZf;SOLVED that the Office of the County Clerk is hereby directed to
forward copies of this resolution to ~ the Honorable Mayor F-Tarry Kim[, Df~c;, ~f
[ ] ~ Bruce McClure,
Director of ~'~~mi Public Works r ^ r'^..^~~~]
Q,.,._a ~cn:_°~'~~° ,.v.w.~ Ainaloa Community Association, Inc., RR 3, Box 1303,
Pahoa, I Iawai`i 96778; and (4) Assistant Corporation Counsel Gerald Takase.
llarco~7 ('oazn7c is mr F.yun[ OpporRenily Prouder and limplo,ver