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HomeMy WebLinkAboutRES 314 Draft 01 2006-2008 w~"•~ ~~y^ COUNTY OF HAWAII STATE OF HAWAII • RESOLUTION NO. 314 0~7 RESOLUTION AUTHORIZING THE GRANT OF EASEMENT FOR SEWER AND WATER LINE PURPOSES AFFECTING AND WITHIN ALENAIO LANE, KUKUAU 2ND, SOUTH HILO, ISLAND OF HAWAII, TO HJC DEVELOPMENT CORPORATION. WHEREAS, the County of Hawaii is the owner of that certain roadway located in Knkuau 2"d, South Hilo, Hawaii, and known as Alenaio Lane; and WHEREAS, HJC Development Corporation is the owner of Tax Map Key: (3)2-3-018:029 (see the map attached hereto as Exhibit "A"); and WHEREAS, HJC Development Corporation requests the grant of easement, more specifically described in and delineated on Exhibit "B" attached hereto, for sewer and water line services for the 9-unit apartment complex which it has received plan approval from the Planning Department subject to the conditions outlined in Exhibit "C" attached hereto; and WHEREAS, the Department of Environmental Management, Wastewater Division, has no objection to the granting of the easement subject to the conditions outlined in Exhibit "D" attached hereto; and WHEREAS, the Department of Public Works also has no objections to the granting of the easement provided the conditions outlined in Exhibit "E" are met; and WHEREAS, an appraisal was done of the easement that established a value of $2.44 per square foot, or $583.16 for 239 square feet (see Exhibit "F" attached hereto); WHEREAS, Section 2-111 of the Hawaii County Code 1983 (2005 Edition), as amended, requires that the Council, by resolution, authorize the Grant of Easement from the County of Hawaii, subject, however, to reversion to the County of Hawaii upon termination or abandonment of the easement for the specific purposes for which it was granted; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, under Section 2-111 of the Hawaii County Code, that the County of Hawaii authorizes a grant of easement for a sewer and water line purposes at Alenaio Lane as delineated on the map attached hereto, until termination or abandonment of that specific purpose, and subject to the conditions outlined in Exhibits "C," "D," and "E," to HJC Development Corporation, its successors and assigns. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to: (1) Mayor Harry Kim; (2) Finance Director William Takaba; (3) Deputy Corporation Counsel Craig Masuda; (4) Department of Environmental Management; (5) Department of Public Works; (6) Department of Planning; and (7) Henry Correa, Jr., HJC Development Corporation, 630 Kilauea Ave, Suite 101, Hilo, Hawaii 96720. Dated at Kona ,Hawaii, this 19th day of September , 2007. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS LX Hilo, Hawaii FORD X ti1GA X HOFFMANN X I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by tllc COUNCIL of the IKEDA X County of Hawai' i on S ept GTrib@Y' 19 , 20 0 7 .IACOBSON X NAEOLE X ATTEST: P]LAGO X YAGONG X YOSHIMOTO X 8 0 1 0 ~ Reference: ~xim 6~PWI -32 CbU7GTY CLE CHAIRM N & PRESIDING OFFICE RESOLUTION NO. Q~~ .-.--e ,:rte 13~. s .i ~F .C~ x,e _ - ,5.:-- ~`.e.,,, xs 'j97..- ~ _'.~i~„s99 t~tiR" Kga~. -.a.~g 6io.... A.ga mr :y.- Sz;s':ti ~ ia~ .9 ? :i - ¢¢R q ter. - =+Y.~f.. S: 3£~x~al " q ' • 4 `139` 4.• Sy ~ a _ .t 1 'i°~ iy l?. P 1 oe ii 1 t 'S S lfay '4 '~j t ';t} r ~ i s fi'r` i" t ~ s • i ;'r + r~ w i t p . 111 } y}~ e' a ~r ~ T~ o f;~~T 2 ! ii 4 , A si : ~t t © 0 ~ y .r' 1.4 Vi Y`LS 'S" li i~ O L ty y }S Q ~ l e.~ 41yi~ ~ 4 4v - L~ ~ ~~:i wr'%wr w ~i a 1 an. f a ~ ~f,' ~ ,1. ~ . b ~ z M e : i ndn'~~~ q i F`r i ~ f'.' l ~ 13'15 i?f ~,tl, r • 1. i $ w y i ~f a il+ .yy~~ "n 4 ~ fi a ~i n / ~n ~ ! p L rJ g": t a / w rt d of - @v ~ie {Y ~ 7~ i _ ~'i. r f i~.~• ~ ~ fa + "1 i~ 17 N. =p''/~ r/d - twI1~35 6 /w q i o n fl ~ 1 ~,i c 6Z yd~d / v ' ~ s ° }4~ m '6 a 6Vro t~k EXHIBIT "A" EASEMENT "SW-2" For Sewer Line and Water line Purposes (5.00 feet wide? Affecting and within Alenaio Lane Being a portion R. P. 5706, L. C. Aw. 8521-B Apana 2 to G. B. Hueu Kukuau 2"0, South Hilo, Island of Hawaii, Hawaii i Beginning at a point at the northwest comer of this easement, being alsothe east comer of Lot A-2 and on the westeAy eide Pf Alenaio Lane, the coordinates of said point of beginning referred to GovemmeM Survey Triangulation Station "Halm" being 846.86 feet north and 3,727.95 feet east and running by azimuths measured clockwise from true south; 1.237° 34' 6.00 feet along tfie remainder of Alenaio Lane; 2.327° 34' 47.52 feet along the remainder of Alenaio lane; 3. 48° 37' 5.05 feet along the remainder of Alenaio Lana; 4.147° 34' 48.22 feet along TMK 2J-018:034 and Lot A-1-B to the point of beginning and containing and area of 239 square feet more or less. J~ H' MV9q QP ~q~ PAUL H. HURRAY 8 ASSOCIATES, LLC LICENSED PROFESSIONAL " ~ * LAND SURVEYOR * gy; GM.~. V ~ ~ LS-7589 Paul H. Murray LPLS Ucensed Professional Land Su ygWAII V S P' Certificate Number. LS- 7688 Expiration Date: April 30, 2008 Htlo, Hawaii June 18, 2007 phm 02.17, hso&d-sw-2 TMK 2.3-018:034 Page 1 PAUL H. HURRAY & ASSOCUITE3, LLC LICENSED PROFESSIONAL LAND SURVEYORS P. O. BO% 1189 KILO, HAWAB 88721-'1188 EXHIBIT "B" i a~ ~ p'~ ~ ~ _ ~~pp D N 8 ~J i '9 ~ ~t * / ~JAO ~ ~i ~ ~ ~ ~ N " r ~ W ~ 19'06 < .ifi .lzti< i { ~3 ~ ~ I~ ~ I I rq~ rr M ~ y^r.{ I I O Y'~' , ~ ° rtV ~ ! ~ ~ ~y 1 m I~ ~m ~ '~.se ~ ~ ~ ~ iv I I I ~~I ~ I ~ I II usdz oaoz 3 Oc ~ ~ .iSo .LZEX , ~ ~ ~ yg~ ~ ~ ~ ~ ~ Z z ~ m ~ x ~ Nm,rU>~ V1ft1 133~l1S 3100Ni~i _ EXHIBIT "B" 1. - rr a~e~,, Harry Khn Christopher J. Yuea Mayor ; Director .F+'~ Brad Kurokawa, ASLA LEED®AP VJ.O]xYtt~ DL ~M1<lr2ttt De?u0'Dirccror PLANNING DEPARTMENT I01 Pauahi Street Suiu; 3 • Hilo, Hawaii 96720.3043 (808) 961.8288 • FAX (808) 961.8742 I August 11, 2006 Mr. Henry J. Correa, Jr. HJCDevelopment Corporation 630 Kilauea Avenue, Suite 101 Hilo, Hawaii 96720 i Dear Mr. Correa: SUBJECT: APPLICATION FOR PLAN APPROVAL 9-Unit Apartment Cotnplez TMK: 2-3-018:029. Alenaio. South Hilo, Hawaii We have reviewed the above-described plans for the constructionJestablishment of the proposed 9-Unit Apartment Complex pursuant to FINAL PLAN APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL for your use. Please be aware of the conditions of approval that aze part of this FINAL PLAN APPROVAL for the subject improvements. These conditions, which are listed on page 2 of the FINAL PLAN APPROVAL document, must be complied with prior to occupancy of the proposed 9-Unit Apartment Complex. - Should you have any questions, please feel welcome to contact Jonathan Holmes or Daryn Arai of this Department. Sincerely, HRIST HER J. 'YL1EN Planning Drrector JRH:Id p:tpUn approvek121pk-Ofi-000139hjcdevclopementapartmeM230180t9kttet.dac Enclosure PLA-06-000139...form.doc EXHIBIT "C" Hawaii County is an Equa! Opportunity Provider and Employer. iA~s l s 2U06 ? COUNTY PLANNING DEPARTMENT ' FINAL PLAN APPROVAL ' APPLICANT: DATE APPROVED: HJC Development Corporation August 11, 2006 LOCATION: TAX MAP KEY: Alenaio, South Hilo 2-3-018:029 PARCEL AREA /PROJECT SITE AREA: ZONING: 12,001 sq.ft. / 12,001 sq.ft. CG-7.5 PROPOSED USE: 9-Unit Apartment Complex As Shown on Plaa Comments Side Yard INorth) t9' _ OK. 0'-0" Minimum reouired Side Xard ,East) t35' OK, 0'-0" Minimum required Side Yard 1South) t5' OK. 0'-0" Minimum required Side Yard (West) t5' OK, 0'-0" Minimum required r" of Stractares t32'-0" (Max.) OK, 120'-0" Maximum allowed Access to parking Paved from Easement (paved) OK, Ensure a smooth, durable transition from off of Alenaio Lane (varies, 20' to 35' wide). existingpaved easement onto the subiect propertv. Off-Street Parking 12 (10 standazd. 2 compact) OK, 9-multi-family units x 1.25 /Unit =12 (11.251 saaces,l ofwhich is ADA van-accessible. spaces req'd. 1 ADA van-accessible req'd. (see conditions 1 and 2) Loading and Unloading Space none shown OK, none required Density 1 unit oer 1,333 sq.ft. of parcel azea. OK, 12,001 sq.ft. parcel / 1,250 /Unit = 9 units (9.61 allowed. Fencing and Walls: Material none shown OK Height Location Landscaping_ Perimeter hedges and scattered palm OK In compliance with PD Rule 17-4 trees, (see condition 31 ers Tax Cleazance OK Dated June 20.2006 Final Plan Approval (TMK: 2-3-018:029) A~~^~~st t t, 2006 F of 2 Conditions of Approval: 1 Approved nazking spaces to be paved and stripped and a~prouriate signaee installed prior to issuance of the Certificate of Occupancy 2 ADA access aisle shall be 8' wide and be located for the most convenience of the user.l'he pathway from the accessible space to the entrance of the ADA dwelling unit shall have a clear width of 36" and a slope not to exceed 2% in accordance with Section 25-4-55 of Chapter 25 Hawaii County Code. 3 Approved landscapine to be installed prior to issuance of the Certificate of Occupancy and shalt be mai~ntai~ned iln a healthy state thereafter with no accumulation of plant debris or litter. IanningIhrector Date Auvust 11.2006 p: W 4n approvaLs~2~pla-06-000139hjcdevelopemrntapertment23018029form.doc i I <Y ~ Barbara Bell Harry Klm Dbeaor ' Moyrr Nelson Ho • ti' :e,t'~'S Deprry Director •~1 01 N~ LLII1TtT~T Iti ~Mf11Mi'[ DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupunl Street ~ HBo, Hawa~ i 96720-4252 (808) 961-8083 ~ Fax (808) 961-8086 htto://co.hawaii.hi.us/directory/du envmne.htm I MEMORANDUM DATE March 12, 2007 TO Harry Yada Property~Mjanager FROM 1T~Ao Deputy Director SUBJECT: Request for a Utility Easement over Government Road TMK: 2-3-018 (Alenaio) The Department of Environmental Management, Wastewater Division (W WD), has no objection to the granting of a sewer easement on the subject TMK. However, the following conditions are recommended: 1. A sewer easement map that shows the location of sewer line installation I and the connection be submitted for review. I 2. Agreement that the developer understands that the W WD will not be responsible for maintaining the sewer lines within this easement. ~ 3. All proper permits and applications are obtained prior to construction. ~ Should you have any questions, please call Toni Nakatani at 808-961-8512 or 808-937-5199. cc: WWD 8994A Hawaii County is an equal opportunity pro>gderand emp/over. EXHIBIT "D" - DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO HAWAII Date January 29, 2007 To H Y YADA, Propert//''y Manager wit. f"Z- ~~'_-P~~-~~ From RUCE C. McCLURE, Director DPW SUBJECT: PRIVATE UTILITY EASEMENT IN ALENAIO ROAD Tmk 3'" Div.: 2-3-018 We have no objects to Mt. Correa's request provided the attached wnditions are made a part of the easement document. Please call Galen Kuba at x8422 if you have any questions. Attach. c: Eng Hwy NCoh09~gkuba~E'n~neering Division Dalall~nd Disposition Requests\Utllity Paaement Tmk 2.3-18.wpd(I) EXHIBIT "E" ! - , DEPARTMENT OF PUBLIC WORKS 1 REC0114MENDED EASEMENT CONDITIONS FOR PRIVATE UTILITY EASEMENT The following shall be included in the Easement document as mandatory conditions for the Grantee: 1. Before commencing any work to install the private waterline, the Grantee shall obtain from the Department of Public Works a Construction Permit to work within the County's right-of-way and shall comply with all permit requirements and conditions. 2. The private utility and all of its appurtenances are deemed to be the property of the Grantee. 3. The Grantee shall, at his own expense, repair and maintain his private utility, 4. The Grantee shall, at his own expense, repair any defects and damages that may be caused by his construction activity or his utility to County facilities, utilities, driveways and other private pipelines and improvements to the satisfaction of applicable owners. 5. Before commencing any repair work within the County's right-of--way, the Grantee shall obtain from the Department of Public Works a Construction Permit and shall comply with all permit requirements and conditions. 6. The Grantee shall observe and comply with all laws, ordinances and regulations of the federal, state or county governments affecting the installation and use of the private utility. 7. The Grantee shall hold harmless, indemnify and defend the County of Hawaii ,its officers, employees and agents against any lawsuits, claims, demands, judgments, liens orcosts arising from the placement of the private utility within the County's right-of-way or the issuance of other additional private utility Easements within the same County right-of-way. 8. The County of Hawaii shall have no obligation to repair or replace any private utility, even if damaged by County employees. 9. Should the private utility interfere or obstruct any improvements being provided by the County of Hawaii ,the Grantee shall, at his own cost and expense, temporarily or permanently move the private utility to another location that meets with the approval of the Public Works Director. 10. This Easement shall be automatically cancelled upon termination of use or upon the abandonment of the intended purpose for which this Easement is issued. \\Coh09\gknba\Enginxting Division Detalland Dicpoaition Requests\Ufiliry Eaxmrnt Tmlc 2-3-IS.wpd(1) ~ . 11. The Finance Director may cancel this Easement in the event the Grantee violates any of the conditions or requirements contained by this permit. A violation letter shall delivered by certified mail to the Grantee. Upon receipt of the letter, the Grantee shall, within fourteen (14) days, submit to the public Works Director for his approval, a written plan of action to correct the violation. The Grantee's failure to properly respond within above stipulated fourteen (14) days or his failure to execute his approved action plan will result in the immediate cancellation of this Easement. 12. Upon cancellation of this Easement, the private utility shall be abandoned in place. Salvaging of the private utility will not be allowed. 1~Cah09\gkubalEngineding Division Deta1[.and Disposition RequestslUtiGty Easement Tedc 2-3-18.wpd(2) i RICHARD TABER APPRAISALS 82 MAIKAI STREET HILO, HI 96720 (808) 959-3887 VOICE (808) 959-9036 FAX ATABER a~JtTABERCOM (EMAIL) W W W.RTAHER.COM July 17,2007 Hank Correa Realty, LLC At your request we have completed an appraisal of the easemrnt "SW-2", for sewer line and water line purposes (5.00 feet wide) affecting and within Ale¢aio Lace; being a portion R P 5706, LCAw 8521=B, Apene 2 to G. B Hueu, Kukuau 2 ,South Hilo, Isla¢d of Hawau, Hawaii. This easement contains a total of 239 agft end has been sttrveyed by Paul H. Murray on Lune 19, 2007. SCOPE: ThIs section supports the attached appraisal form. This appraisal is a complete, summary report, and conforms to the Un'rform Standards of Professional Appreisal Practice tsffective July 1, 2008 • I physically inspected the subject property. • I am a member of the Hawaii Island Board of Realtors and searched in their database for wmparable sales used in this report. All comparables have been verfied. Sales that occurred outside of MLS services are also Included,rf applicable to this report. • Unless otherwise staled in the appraisal report, the appraiser has no knowltsdge of any hidden or unapparenl conditions of the property that would make Ute property rase or less valuable and makes no guarantees or warranties, express or implieQ regarding the condition of the property. 1. This appraisal has been prepared for our client Hank Cornea Realty. 2. The purpose of this appraisal is to wtima[e the value of a waterline and sewer easement [hat crosses parcel 34 and portions of Alenaio SneeL 3. The 1¢trnded User of this appraisal report is the County of Hawaii. The Intended Uae is to evaluate value of the easement subject to the stated Scope of Work, purpose of the appraisal, reporting requirements of this appraisal report form, and Definition of Market Value. No additional Intended Users are identified by dte appraiser. 4. If this report is placed in the hands of anyone but the client, client shall make such party awaze of all [he assumptions and limiting conditions of the assignment. One comparable sale, idrndfied as easement SW-1 for sewer line and water ice proposes (5 Ceet wide) affecting and within TMK (3) 2-3-18-34. Being a portion of R P 5706, LCAw. 8521-H Apma 2 m G B - Hueu, Kukuau, South Hilo, Island of Hawau, Hawaii. The total area for this easement is 819 agft. Dam of sale for easemrnt: ON13/2007. Sales Price: 52,000. Price per square foot for this comparable: 52.44.' Applying this rote to the subject easement of 239 agft = 5583.64 or rounded m 5584.00. By granting of the easement, there would be no severance damages or special bevefits associated with d,e conveyance of the easement. From older sales of vacant land of the same zoning, TMK (3) 2-2-9-53 containing 3,195 agft sold for $32,000 on 04/082005. The price per agft is S 10.02. It is nomal appraise] practice m value Utis type of easement at 20% of the full fee simple value. Accordi¢gly, $10.02 X .20 = 52.00 per square foot for an easement. This sale was for [he entire lot, with exclusive use for the purebaser. Final reconciliatio¢ of values From the ceaenrent sale identified earlier as SW-1 my Snal opinio¢ of value is 52.44 pet square foot From the sale located at TMK (3) 2-2-9-53, my 5na1 opinion of value is 52.00 per square foot. . For the proposed easement as identified es SW-2, my final opindon of valor is 52.44 per square_fopt; _ - _ - - 152.44 per agft is reasonable Cor the Bmited xwer and water line easerent. My opinion of value for [his easement is $584.00 (rounded). Attached to this report are two surveys, SW-I is the compazab a sale as descri d' Je. SW-2 represents the subject of this report: dte proposed easement for ter se chard Taber Dau: 07/17/2007 Certified Generel Appraiser License p 7, Smte of Hawaii EXHIBIT "F"