HomeMy WebLinkAboutRES 775 Draft 01 2006-2008COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. ~~~ ~~
RESOLUTION AUTHORIZING THE ABANDONMENT AND SALE OF THAT CERTAIN
ROAD REMNANT FRONTING OSHIMA STORE, SITUATE AT KAINALIU, NORTH
KONA, COUNTY AND STATE OF HAWAII, TO CEOK LLC.
WHEREAS, the realignment of Mamalahoa Highway through Kainaliu Village in North
Kona, Hawaii, created a remnant, containing an area of 714 square feet, fronting the Oshima
Store property owned by CEOK LLC, identified as Tax Map Key: (3)7-9-007:038 (see
Exhibit "A" attached hereto); and
WHEREAS, CEOK LLC has expressed a desire to acquire this remnant as it will allow it
to expand the store towards the street by about 7 feet, bringing the storefront even with others
along Mamalahoa Highway in Kainaliu; and
WHEREAS, the County of Hawaii finds that this roadway is economically and
physically unsuitable or undesirable for development or utilization as a separate unit by reason of
its location, size and shape, and by definition is a remnant in accordance with Section 2-110,
Hawaii County Code; and
WHEREAS, all roadways, once established, continue until vacated, closed, abandoned or
discontinued by resolution of the Council; and
WHEREAS, pursuant to Section 2-111 of the 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 RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that road remnant fronting the Oshima store property, consisting of 714 square feet, as
depicted on Exhibit "A," is declared to be abandoned and otherwise discontinued as a road
right-of--way, that it is physically and economically unsuitable or undesirable for development or
utilization as a separate unit by reason of its location, size and shape, and is hereby declared a
remnant as set forth in Section 2-110, Hawaii County Code, and pursuant to Sections 2-111 and
2-118, authorizes the Director of Public Works to dispose of this roadway by sale to CEOK LLC,
the adjoining landowner, without recourse to public auction subject to the following: 1) buyer to
pay all costs of surveying, and subdivision; and 2) buyer to consolidate remnant with its property
within one yeaz.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor
Harry Kim; (2) Director of Public Works Bruce C. McClure; (3) Assistant Corporation Counsel
Gerald Takase; and (4) Corinne E. Oshima-Koseda, CEOK LLC, 79-7400 Mamalahoa Highway,
Kealakekua, Hawaii 96750.
Dated at Kona , Hawaii, this 7th day of November , 2008.
INTRODUCED BY:
COUNCIL ME ER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of
the County ofHawai`ion November 7, 2008
ATTEST:
~'YY C;LI
ROLL CALL VOTE
AYES NOES ABS EX
FORD X
HIGA g
HOFFMANN 7{
IKEDA X
JACOBSON X
NAEOLE X
PILAGO X
YAGONG X
YOSHIMOTO X
9 0 0 0
Reference
C-1503/PWIRC -100
RESOLUTION NO. ~~5 08
2
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BUILDING BUILDING
I
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•, ,~. Q
T/POLE T/POLE
O
} G OF PAVEMENT
f- TO HONALO ~ ~ M~4MALAH0,4 HIGHWAY
- ~; DOUBLE YELLOW
TO kEALAKEKUA --~
EDGE OF PAVEMENT
PARKING I PARKING PARKING
GONG GURB
GONG 51DEWALK
GONG SIDEWALK
BUILDING 3/4',.P~e (FCC
(OSHIMA STORE) ~
TMK: ~-q--1:40
~akae Oshima, Tr. TMK: ~-q-'7:20
Owner REMNANT FRONTING OSHIMA STORE PROPERTY Nora Nozakl, et al
714 5Q. FT. (APF~l2ipXIM/4TE) Owners
TMK~ 'i-~i-"138
GEOK LLG
Oshhrw Brothere, InG.
Ownere
n n ~ . T. Jxk9on I
EXf-IIBIT A p~ ~~~~