HomeMy WebLinkAboutRES 254 Draft 02 2004-2006 Mtv os N4
COUNTY OF HAWAII ~ ~ STATE OF HAWAII
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254 UG
RESOLUTION NO.
Draft 2
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 2-1 i 1, 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, the buyer has agreed to a purchase price in the amount of $50,000.00
(fifty thousand dollars and no/100); 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 purchase price for the remnant shall be
$50,000.00 (fifty thousand dollars and no/100), at least $25,000.00 (twenty five thousand
dollars and no/100) of which shall be provided to the Kailua Village Business Improvement
District to be utilized within the Kailua Village community.
I
BE IT FURTHER RESOLVED that the sale of the remnant be conditioned upon the
Department of Water Supply receiving an easement for the water meter and access to the
water meter at no cost to the Department of Water Supply or the County of Hawai'I.
BE IT FURTHER RESOLVED that the sale be further conditioned upon the landowner
obtaining a special management area permit and applying for and receiving
subdivision/consolidation approval.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to (1) the Honorable Harry Kim, Mayor of the County of Hawaii; (2) William
Takaba, Director of Finance; (3) Bruce McClure, Director of Public Works; (4) Chris Yuen,
Director of Planning; (5) Milton Pavao, Manager, Department of Water Supply; (6) Craig T.
Masuda, Deputy Corporation Counsel; and (7) Patrick Corrigan and Sabu Shake Jr., c/o
Victoria L. Kalman, Jung & Vassar, P.C., 75-170 Hualalai Road, Suite D-241, Kailua-Kona,
Hawaii 96740.
Dated a$ Kona ,Hawaii, this 22nd day of March , 2006.
INTRODUCED BY:
~
COUNC
l~
MEMBER, COUNTY OF FIAWAI'I
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 RIGA X
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X
the County of Hawaii on March 2 2 , 200 6 HOLSCHUH X
IKEDA X
ATTEST ISBELL X
JACOBSON
PILAGO X
SAFARIK
7 2 0 0
Reference C-666.3/ P W I RC - 3 6
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.
Dra