The URL can be used to link to this page

Home My WebLink AboutRES 047 Draft 01 2008-2010COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 47 09 RESOLUTION AUTHORIZING THE ABANDONMENT AND DISPOSITION OF GOVERNMENT REMNANT SITUATE AT WAI`AHA ,DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, BEING A PORTION OF TAX MAP KEY: (3)7-5-015:015. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the County of Hawaii is the owner of that certain parcel of land located in Wai`aha 2nd, North Kona, Hawaii, specifically identified as Tax Map Key: (3)7-5-015:015, a portion of which is used by the Department of Water Supply for its Wai`aha tank; and WHEREAS, Sara J. Peck, Trustee ("Peck"), owns a 50% interest in that certain parcel of real property situate at Wai`aha, District of North Kona, County and State of Hawaii, identified as Tax Map Key: (3)7-5-015:009 (outlined in pink on Exhibit "A" attached); and WHEREAS, James R. Petersen and Rita Thrall Petersen ("Petersens") own a 50% interest in that certain parcel of real property situate at Wai`aha, District of North Kona, County and State of Hawaii, identified as Tax Map Key: (3)7-5-015:009 (outlined in pink on Exhibit "A" attached); and WHEREAS, Tax Map Key: (3)7-5-015:009 was originally made up of two kuleanas, being Land Commission Award No. 7912, Royal Patent 7923 to Kaniu, and Land Commission Award No. 7913, Royal Patent 5221 to Kaanehe; and WHEREAS, by condemnation action, County of Hawai `i v. Liwai, et al., Civil No. 359, Circuit Court of the Third Circuit, State of Hawaii, portions of the original kuleanas were condemned and severed for use by the County of Hawaii, but were nevertheless subject to easements in favor of the kuleana owners for access and'utilities, which limited the uses of the condemned property by the Department of Water Supply; and WHEREAS, Tax Map Key: (3)7-5-015:009, zoned Ag-1, is 1.772 acres in size, contains two individual residences and is owned by two families (Peck and Petersens); and WHEREAS, Peck met with the Water Board to request their approval to purchase a portion of Tax Map Key: (3)7-5-015:015 as a remnant, containing 0.293 acre, from the County, over which the improved road to access Tax Map Key: (3)7-5-015:009 currently exists, with an easement to the Deparhnent of Water Supply; and WHEREAS, the Water Board on August 22, 2006 agreed that they had no need for that piece of property and agreed that it could be sold by the County; and WHEREAS, that portion of Tax Map Key: (3)7-5-015:015 should be declared a remnant and restored to the original kuleanas as it contains three easements (one road and two utility easements) encumbering the parcel, and is currently of no use to anyone, but the owners of Tax Map Key: (3)7-5-015:009; and WHEREAS, the County will benefit from the sale proceeds and subsequent property taxes paid on that land, in addition to having an easement across that parcel in favor of the County, which would be granted by the Pecks and Petersens; and WHEREAS, CGH LLC owns Tax Map Key: 7-5-014:0019, which parcel adjoins Tax Map Key: (3)7-5-015:015 to the south; 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, the sale to Peck and the Petersens would consolidate the kuleanas; and WHEREAS, pursuant to Section 2-111, Hawaii County Code, the Council may direct the Director of Finance 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 said portion of Tax Map Key: (3)7-5-015:015 outlined in yellow on Exhibit "A" attached hereto, is hereby abandoned. 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, 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) buyers to consolidate the remnant with their property within one year. BE IT ALSO RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Finance Director Nancy Crawford; (3) Deputy Corporation Counsel Gerald Takase; (4) Sara Peck, P.O. Box 56, Holualoa, Hawaii 96725; (5) James and O O Rita Petersen, 75-5721 Mamalahoa Highway, Holualoa, Hawaii 96725; and 5) CGH LLC, 20 Executive Park, Suite 155, Irvine, California 92614. Dated at Kona ,Hawaii, this 19th day of Fahrnarv , 2009. INTRODUCED BY: ~~~' i7%`n'~--- COUNCIL M 'MBER, 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 oC Hawai`i on F2bTU3Ty 19, 2009 ATTEST: ~~ ~- . ~_ COUNTY CLERK CHAIRPERS N-R RESIDING OFFICER CALL VOTE AYES NOES ABS EX ENRIQUES X FORD X GREEN WELL X ~ HOFFMANN X IKEDA X NAEOLE X ~ ONISIII X YAGONG X YOSHIMO'r0 X 9 0 0 0 Reference: C-110/FWIRC -12 RESOLUTION NO. 47 09 I P L A T ~-~ J/'~ ,' ~ ~~, !3 R ----~.., I`/ 1 ~, /rr~ WiAsr Tsnks J Q i ~ ~~ N T ~~« , ___ .\ `~~~ _\