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Home My WebLink AboutRES 254 Draft 01 2004-2006 MVV Oi N4_ y~,,;~: COUNTY OF HAWAII STATE OF HAWAII .,;j` o` ~M'~, RESOLUTION NO. 2~4 U6 RESOLUTION AUTHORIZING THE ABANDONMENT AND DISPOSITION OF A PORTION OF A GOVERNMENT RIGHT-OF-WAY, SITUATED AT KAILUA VILLAGE, NORTH KONA, HAWAII, BEING A PORTION OF TAX MAP KEY: (3)7-5-006:014. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, that segment of a government right-of-way, containing an area of 709 square feet, located at Kailua Village, North Kona, Hawaii, along the northern edge of 75-5683 Ali'i Highway and identified as being a portion of Tax Map Key: (3)7-5-006:014 (see Exhibit "A"), is inconsistent with existing highway use, and is misaligned for transportation purposes for the general public due to encroachment of the Oceanview Inn building; and WHEREAS, the encroachment of the structure commonly known as the Oceanview Inn building consists of retaining walls and a portion of the building itself into what would have been the sidewalk area of the governmental right-of-way (see Exhibit "B"); 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, Hawaii County Code; 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, Patrick Corrigan and Sabu Shake Jr., principals of Fishhopper, LLC, a Hawaii limited liability company (collectively "Fishhopper"), are the owners of the Oceanview Inn, the abutting and encroaching landowner; and WHEREAS, an appraisal was done of the property which established a fair market value of $25,000; 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; and WHEREAS, the Department of Water Supply requests that the sale be conditioned upon the Department of Water Supply obtaining an easement for the water meter and access to the water meter at no cost to the Department of Water Supply and the County of Hawaii; and WHEREAS, the Department of Planning requests that the sale be conditioned upon the landowner obtaining a Special Management Area permit and applying for and receiving subdivision/consolidation approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the aforementioned segment of a governmental right-of-way remnant, containing 709 square feet, located at Kona Village, North Kona, Hawaii, along the northern edge of 75-7683 Ali'i Highway, and identified as being a portion of Tax Map Key: (3)7-5-006:014, 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 encroachment, 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 FURTHER RESOLVED that the sale of the remnant be conditioned upon the Department of Water Supply receiving an easement for the water meter and access to the water meter at no cost to the Department of Water Supply or the County of Hawaii. BE IT FURTHER RESOLVED that the sale be further conditioned upon the landowner obtaining a special management area permit and applying for and receiving subdivision/consolidation approval. 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) Chris Yuen, Director of Planning; (5) Milton Pavao, Manager, Department of Water Supply; (6) Craig T. Masuda, Deputy Corporation Counsel; and (7) Patrick Corrigan and Sabu Shake Jr., c/o Victoria L. Kalman, Jung & Vassar, P.C., 75-170 Hualalai Road, Suite D-241, Kailua-Kona, Hawaii 96740. Dated at ,Hawaii, this day of , 2006. INTRODUCED BY: C~~ COUNCIL MEMBER, COUNTY OF HAWAII COUN"hY COUNCII. ROLL CALL VOTE County of Ha~~ai'i I lilo, I Itnvai'i AYh:S NOLS ARS I?X AIL\KAhI I hereby certif)~ that the foregoing RESOLUTION was by the nun vote indicated to the right hereof adopted by the COUNCIL of uorrMnNN the County of Hawaii on nolSCllUil IKLU~ Al fESI Islieri. JnCU13tiON I'll.,~(iO ti,11 :1RIK Reference C-666/PWIRC COUNTY CLERK CHAIRMAN K PRESIDING OFFICER RESOLUTION NO. ~'~4 ~ ~ / ~ ~ n (0~ i~ ` ~ Pay6~3~s 4 3 „i ~ I~~~6 a o ii ~ e ~i{{~°~~. Es ~ ii5 ` ~.r :a` t°. f ~ < o 0 t A~ 1 . " ~ I ;ti i a ~ ~ I r3° ~ t m ~ "il V. ~Sl i I~ ~ r " 2 5= _ S ~ : r i "'i: ..rl ~ P O F St ~ 1 11 ~ ~ A \l~ { ~ ~ ~ ~ i~°~ ~a 2ol ~ 1 ,r-. ~ ~\6~ i~ r ~ 'i' ~ ~IYPNP t' - /i h _ ` , t _ ~ 5 AHD ~ ~ 9 ~ ~ . 'q+tln ~~r nl + ~ PA ~ ~ L. u J .P: V ~°Zn. i~ ~4~~ qj f'~ v l., ~a ~ H o u ~ IPP ` H • f-. j 'r, ~ ~ V ~ "tt~ e C ;e ilp,~' iy i` vJy 1 4 1Len 3 g < e a I ~ ' o o ~ e r e. _ .o ow w~ rvnadcn rloner ~ , 6~~Ed W~rzt Frm~~ L_ [ove - y " ~ ~ ~ Su art ~Po ~ -AC Urivewav P r stn _ O - - p PP g - v~ ~ ' Carport ~ a, O 11~'/'~ - Roal i ~ ~ 2 Concrete Cuff - s ~ _ Wooden ntd, ` Shed - - ~ .I ter-Support. Post°? o x Gale ~ - /~~J~}_ ~ ov i~ t2 !I Q n Concrete Landing I Q - (Lower ~ II Plastic Fence ~ - ~ ~ ~ ;ICI ~ U ~AC ~ ~ ~ - Driveway ~ ~ ~ SQ. ~ Wooden Steps~~ ~ ~ Concrete ~ '(Upper) ~ y E ~ Driveway CMU Wo!! i Concrete-Steps , ojn ~ \ r - Q`, 4 Chain Link Fence 1. o. ~ I ~ _ , 161731' 89.40 CRM Woll, F E v~ `i ~ - Portion o/ Grant 3618 to S M.` Konakanu;.~~ ~ 1~ h y. U - Z f" r I~ W a Retaining m- ~~j ` ~ ~ r' ~ ~ E Stonewall Z i ~ CMU Wofl - ~ ~ I ~ ~ ~ j x` : ~ ~ _ ` /'~Condirig 818.89 FL South ~ ~ ~ ~ `8.09 r / i % i ! 516.72 Ft. West ov m~ , ~ Concrete Steps; j'~ ,Meto/ Rail z' p - ~ ~ i~ Planter j' Concrete Steps Water Meter Box 5 ~ f 8518' 84.40Jor,`ter ;1.. 4'21' 1276 CMU Retaining Wall CMU Retaining Wof! .Light Pole ' ~ ~ ~ " - ~ Water Meter Box T ` - 93'00' 19.85 Drop Curb ~ 91,'50 64.64 ~ / _ _ _ _ ~ C_oncrete~ Curb _ _ _ Utility Boz`~~ Urop Curb 70 n ~ ^ / rT ~ Sewer Manhole .7 / r I - ~ Solid White Striping AC Pavement A L l' I D R l V E~ _ _ - Double Ye!!ow Striping ~ EXHIBIT MAP SHOWING A PORTION OF ALl'l DRl1/E FRONTING A POP.T/ON OF GRANT 3618 TO S. M. KANAKANUI At Lanihau 2nd, North Kona Island and County of Hawaii, State of Hawaii h/OTES: 1. Azimuths and coordinates ore relerred to Government Survey T Triangulation Stofion KAILUA (NORTH MERIDIAN)° S~P~ r~49 1 ~U'~ This map was prepared by me or 2. The features, shown hereon, were located by on actual Q' LICENSED '9 under my direct supernsion. survey on the ground done between June 29, 2005 and V'r pFiCFcSSICNAL ~ Ju,"y ZQ 2005. /7-z~` L4Nf3 3. ABRREVIA710NS: 3: SUFV'YOR rt HRYSTAL THOMAS YAM l AC=Asphalt Concrete ~ Np. 433: -i licensed Prolessionol Land Surveyor CMU=Concrete Masonry Unit ~ State o) Hawaii Certi/icote Number LS-4331 CRM=Cement Rubble Masonry ~!"y,- ~1 / "Ill, ~ t-- - PROJECT NO_- 153822 ' TAX MAP KEY 7-5-006014 (3RD DIVISION) FlE(D BOOK NO.: 1200 AND 1206 OATS SEPTEMBEP 6, 2005 September 06, 2005 p:A75000-tba99V15382.2\dgnV153822ez.tlg~ WES THOMAS ASSOG'IATES Land Surveyors - 75-5749 Kolowa Street F,X[-]I$IT $ Xoiiua-Kong Howoii 9674v""- i8i' 7fL. (80fi1 329-2353 FAX (808) 329-5334 fM.4/L survevso3 wfohowaii.com #15382.2 PORTION GRANT 3618 TO S.M. KANAKANUI (ALII DRIVE RIGHT-OF-WAY) REMNANT PORTION OF ALII DRIVE Land situated along the Northerly portion of Alii Drive and along the Southerly side of a portion of Grant 3618 to S. M. Kanakanui at Lanihau 2nd, North Kona, Island and County of Hawaii, State of Hawaii. Being a portion of: Alii Drive Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner of a portion of Grant 3618 to S. M. Kanakanui and being a point on the Westerly boundary of Land Court Application 1601, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 818.89 feet South and 516.72 feet West and running by azimuths measured clockwise from True South: 1. 4° 21' 12.76 feet along Land Court Application 1601 to a point on the Easterly side of the Alii Drive right- of-way to a point; 2. 93° 00' 19.85 feet along the remainder of Alii Drive right-of- way to a point; 3. 91 ° 50' 64.64 feet along the remainder of Alii Drive right-of- way to a point; 4. 172° 40' 11.90 feet along the remainder of Alii Drive right-of- way and along the remainder of Old Government Lane to a point; 5. 340° 31' 8.09 feet along a portion of Grant 3618 to S. M. Kanakanui to a point; #15382.2 Page 1 of 2 WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 #15382.2 PORTION GRANT 3618 TO S M. KANAKANUI ALIT DRIVE RIGHT-OF-WAY) 6. 266° 18' 84.40 feet along a portion of Grant 3618 to S. M. Kanakanui to the point of beginning and containing an area of 709 Square Feet. Ay~P~ T y~2i9 WES THOMAS ASSOCIATES ZQ LICENSED y U PROFcSSIONAL ~ L~f'^-C" C%~~///'//. LAND * SURVcYOR NO' 4331 Chrystal Thomas Yamasaki tigWgll. USP Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-5-006: adjoining 014 (3rd Division) September 5, 2005 #i53szz Page 2 of 2 WES THOMAS ASSOCIATES - Land Surveyors - 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817