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Home My WebLink AboutRES 749 Draft 01 2006-2008COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 749 (1R RESOLUTION AUTHORIZING THE ABANDONMENT AND DISPOSITION OF ROADWAY REMNANTS, SITUATE AT LANIHAU 2ND, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the County of Hawaii owns the old government lane which exits off Ali`i Drive and ends at a portion designated as Lot R-2, and the road remnant on Ali`i Drive designated as Lot R-l, in Kailua-Kona, County and State of Hawaii (outlined in yellow on Exhibit 1 attached); and WHEREAS, James H. Anderson owns the parcel located at 75-5679 Ali`i Drive, Kailua-Kona, Hawaii, identified as Tax Map Key: 7-5-006:019, which parcel adjoins the old government lane to the west; and WHEREAS, C&S Properties, LLC owns the parcel located at 75-5683 Ali`i Drive, Kailua-Kona, Hawaii, identified as Tax Map Key: 7-5-006:014, which parcel adjoins the old government lane to the east; and WHEREAS, the front corner of the Anderson patio encroaches into the road remnant along Ali`i Drive owned by the County of Hawaii, and the back corner of the Anderson home encroaches into the old government lane; and WHEREAS, James H. Anderson and Edna J. Anderson have expressed a desire to acquired proposed Lots R-1 and R-2 (outlined in green on Exhibit 2 attached), in order to remedy these encroachments; and WHEREAS, the Andersons and C&S Properties, LLC have reached an agreement whereby C&S Properties, LLC states that it has no interest in acquiring any part of proposed Lot R-2; and WHEREAS, all roadways, once established, continue until vacated, closed, abandoned or discontinued by resolution of the Council; 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, Definitions, Hawaii County Code; and WHEREAS, pursuant to Section 2-111, Hawaii County Code, the Council may direct 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, pursuant to Section 2-118(d}, Hawaii County Code, disposition costs may be added to the sales price. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that said portion of the roadway remnant along Ali`i Drive (proposed Lot R-1 outlined in green on Exhibit 2 attached), and that portion ofthe old government lane (proposed Lot R-2 outlined in oiange on Exhibit 2 attached), is hereby abandoned and discontinued as a County road. BE IT FURTHER RESOLVED that the Director of Finance or Director of Public Works is authorized to sell the aforementioned roadway remnant and portion of the o[d government lane without recourse to public auction in a manner consistent with Section 2-118, Hawaii County Code, subject to the following: 1) buyer to pay all costs of surveying, subdivision, and appraisal; 2) market value to be determined by appraisal; 3) County of Hawaii to select the appraiser; and 4) buyer to consolidate remnants with their property within one year. BE IT ALSO RESOLVED that a copy of this resolution be forwarded to: (1) Mayor Harry Kim; (2) the Department of Public Works; (3) Assistant Corporation Counsel Gerald Takase; (4) James H. and Edna J. Anderson, P.O. Box 91, Kailua-Kona, Hawaii 96740; and 5) C&S Properties, LLC, 3195 Forest Lade Road, Carmel, California 93923.. Dated at Hilo , Hawaii, this 8th day of October , 2008. INTRODUCED BY: COUNCIL ME ER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii 1 hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County ofHawai`ion October 8, 2008 ATTEST: TY CLEF ROLL CALL VOTE AYES NOES ABS EX FORD X RIGA g IiOFFMANN }( IKEDA }{ JACOBSON X NAEOLE X PILAGO X YAGONG X YOSHIMOTO 7{ 8 1 0 0 Reference rrnm_ tdRt /~Rr_q~ RESOLUTION NO. ''749 ~~ 1.P~~ , ` { ~,~,. t• ,~ .+r ~" • s ~,•• tt .~• ~ `~iy i~~ ,.... 7~ ~~. ~•p 6. 1• - - - ~. w s • es•s' ~ ~ ~. t .`, I~ ,::~ J `;ncrs ~ ..~ ~ ,mss. Ary. a!I S 1 hMwl~ _rt A. ~ ~ '~~ • tir e•~ v GI~~ 1 ~R:s~+~ ~ sf ~~ f0l / 4 T" ~ • s• ~~ ~i ~4 t ~ ~~~M it ,tee ,M~-~•A'N ,~ ~'s:/i ~i 1L I~ Ir ~~r• 6 !~ a~ ~,y+%, - ,f . ~ i~ ~b ~~ i ` 4 ~~~ 9~ ~' D w ~~` O ~ '~ !- 8 EXI 1Ii31"I' 1 E AZIMUTH 174°40' XONA SEA lip( (J) 7-5- ~\ ~ ~ ~•'r;Y ~ ~~ ~~ ~ •' ~ ~` \,\ ~ n ~~vi `. ~ ~l ~ / \ ~/ -,~~' ,- IMX (JJ 7-.5-00& 016 j `. .'' ~~'~• ~ i ~-, i ~ ~ i~ - ~'~ ~ ~ ~ SL1~ MC ~ OObrO!) ~ ~ , ~. ~~ ~ ~ ~ i ~ t\ \ ~' / ' ~,~ \ ~ ~ 1 ~ \'' ~ r .,,, ~ "~~ AKONA-KONA SHOPP(Nt; CIR T,UK (.T) 7-5-006.• 025 SARAH L. AKONA (PAR l1VERSH/P) ~. KONA SQUARE ASSOCIIA lES KONA TEI, INC. IXIK ~,~) ~-s-oos: ols OWNERS• MlLDRED ANDERSON (ET AL) •\ ~ ~< a ~. .-~~ 1 ~ „1,; ~ ~ ~ ~ '' ~ ;,- ' / I ~ \ ~ ~ .`` `~0 \ ' ~ ~ /, . 1 Land Court r,ppficatiun ~y , '~ 167, Map } `~ ' ti Tf~iK t_3j 7.5-OOGG1y ~~ 19.:;71 ~q.Ft L.9 ~ ~ ~ r - ~ r' ` J 1 ~ , i ~ 73°30' ~' ~ f I~ ~ /~ 163°30' ~ ~ ..~ 56°30' - ~ __-I, ~ a-e~'""'- g18 ~F12 340°31' ~ ao , Ft Ld 1~ 340°31' ~/ 6°42'11" / ~~ ~ ~~~ j ,l ~1 ~ and Court AppUcatlon 1673 Map1 TMK (3) 7-5-006:019 ~ d~ ~ 20,342 Sq.Ft __- FISH HQPPER SEP,f000 & TMK (S3) 7-5-006:014 ONIVER : PATRICK T. COR 7'~•~ SOUtlfi AND SABU SHAKE JF 630.76 West Ref.'NORI'H MERIDUIN"~ Prepared for James & Edna Anc 7.~5679A/ii Dry Kai/ua Kona, Hawaii O Q 0 ~~~ ~ ' ~m n 2 c ~1 7? tp, w Gott ~ ~„„, ...,., ~ _~ -.i - -- _ 295 S . Ft Lat R-1 S1DEW~ ~-Jr L2 • -- =- 840.70 feet South -- =--l-~--" 704.39 feet West Ref. 'NORTH MERIDLW'~ ~E", Special Flood l0 Year Flood. ~~~ ~°_ ,~T nR~vE~ 827.06 Feet South 612.40 fleet West Ref. 'NORTH MERIDUW"L ~- I;XHI13lT 2