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Home My WebLink AboutRES 122 Draft 02 1992-1994COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. ~' 93 (DRAFT 2) RESOLUTION AUTHORIZING ABANDONMENT OF ROAD AT PU'UANAHULU. WHEREAS, that certain road located at Pu'uanahulu, North Kona, more precisely described in the survey report which is attached hereto as Exhibit A and incorporated herein by reference, has fallen into disrepair and is no longer required for purposes of transportation; and WHEREAS, said highway, not being under the jurisdiction of the State Department of Transportation, is a County highway, by operation of law; and WHEREAS, all County highways, once established, continue until vacated, closed, abandoned, or discontinued by resolution of the Council; and WHEREAS, article 19 of chapter 2 of the Hawaii County Code authorizes the County to dispose of certain real property when in the public interest; and WHEREAS, article 19 of chapter 2 of the Hawaii County Code states that abandoned roadways may be defined as remnants, and also authorizes the sale of remnant properties to abutting property owners; and WHEREAS, it is in the interest of the County of Hawaii that the above-described road be abandoned and sold to the abutting property owner, and that a condition of the sale is that the purchaser create an adequately signed public access easement as described in the grant of easement document attached hereto as Exhibit B and incorporated herein by reference by filing said grant of easement document with the Bureau of Conveyances; and WHEREAS, it is in the interest of the County of Hawaii that pursuant to the Hawaii County Code, section 2-118, an appraisal be made to determine the fair sale price for the above-described road and that said sale price be placed before the County Council for its approval by resolution prior to completion of the sale; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the above-described roadway is hereby abandoned and discontinued as a County highway. BE IT FURTHER RESOLVED that the Chief Engineer is to initiate proceedings to dispose of said property in fee simple, pursuant to the provisions of section 2-118 of the Hawaii County Code by first determining a reasonable sale price based upon an appraised value and after ensuring that the above-referenced grant of easement has been filed will present this matter before the County Council for its approval by resolution prior to the completion of any sale. Dated: Hilo, Hawaii, this 17th day of November 1993. INTRODU ED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County oP Hawaii Hilo, Hawaii ROLL CALL VOTE AYES NOES ABS EX I hereby certify that the Poregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on November 17, 1993 . ATTEST: -2- COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Reference- C-642,^v3/F.S&PLTC-64 RESOLUTION NO. ~?' S3 (DRAFT 2) p~0`i:. •? Wail Return by Mail (X ) Pickup ( ) To: OFFICE OF THE COUNTY CLERK 25 AUPUNI STREET HILO, HAWAII 96720 y, `'.: ~ , FEB 1 7 1994 ~ ~: I~ R ~~F- ?~~~ ~~Z~ GRANT OF NON-8%CLIISIVE EASEMENT THIS INDENTURE, made and entered into this ~L day of December 1993, by and between PUU LANI RANCH CORP., a Hawaii corporation, of Puuanahulu, Hawaii, hereinafter referred to as the "Grantor," and the COIINTY OF HAWAII, a municipal corporation and political subdivision of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as the "Grantee." WITNESSETH THAT• The Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, and of the terms, conditions, and covenants herein contained, and on the part of the Grantee to be observed and performed, does hereby grant unto the Grantee, the following non-exclusive and perpetual easement rights: Right, privilege and authority to use and maintain a trail for pedestrian hiking, bicycling and equestrian uses, during daylight hours (not including any use by motorized vehicles), in, over, under and across that certain parcel of land situate at Puuanahulu, North Rona, Island of Hawaii, State of Hawaii, being identified as "Hiking, Bicycling and Equestrian Easement," containing an area of 5.122 acres, more particularly described in Exhibit "A" and delineated on Exhibit "B", both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by r , Robert W. Cunningham (Licensed Professional Land Surveyor No. 4188), dated August 13, 1993. TO HAVE AND TO HOLD the easement rights unto the Grantee, its successors and assigns, in perpetuity, SUBJECT, HOWEVER, to the following terms, conditions and covenants: 1. Grantee shall be liable in the same manner and to the same extent as a private individual under like circumstances, for all claims and demands for property damage, loss, personal injury or death on the easement area caused by the negligent or wrongful act or omission of any officer and employee of the Grantee while acting within the scope of that person's office or employment, or persons acting for a county agency in an official capacity, temporarily, whether with or without compensation. "County agency" includes the executive departments, boards and commissions of the Grantee, but does not include any contractor with the Grantee. 2. The Grantor reserves unto itself, its successors and assigns, the full use and enjoyment of the easement area and the right to grant to others rights and privileges for any and all purposes affecting the easement area, provided, however, that the rights herein reserved shall not be exercised by the Grantor in a manner which interferes unreasonably with the Grantee in the use of the easement area for the purposes for which this easement is granted. 3. All improvements placed in or upon the easement area by the Grantee shall be done without cost or expense to the Grantor and shall remain the property of the Grantee and may be removed or otherwise disposed of by the Grantee at any time; provided, that the removal shall be accomplished with minimum disturbance to the easement area which shall be restored to its original condition, or as close thereto as possible, within a reasonable time after removal. 4. Upon completion of any work performed in or upon the easement area, the Grantee shall remove therefrc:,~ all equipment and unused or surplus materials, if any, and shall leave the easement area in a clean and sanitary condition satisfactory to the Grantor. 5. The Grantee shall not make, permit or suffer, any waste, strip, spoil, nuisance or unlawful, improper, or offensive use of the easement area. 6. Should future development necessitate relocation of the easement granted herein, or any portion thereof, the relocation shall be accomplished at the requesting party's own cost and expense, and the Grantor shall grant to the Grantee without payment of any monetary consideration, a substitute -2- easement of similar functional utility within the reasonable vicinity of the original alignment, which substitute easement shall be subject to the same terms and conditions as that herein granted and as required by law. IN WITNESS WHEREOF, the parties have caused their seals to be hereunto affixed and have caused this Indenture to be executed as of the day, month, and year first above written. PIIIT I CH CORP . ~~ By ~ It P esident GRANTOR COIINTY OF HAWAII By or GRANTEE APPROVED AS TO FORM: ~~~ ~ i. ~ ~ ~~ ~Z. eputy Corporation Counsel Dated: 12~[~~~ 7 -3- STATE OF HAWAII ) SS: CITY AND COUNTY OF HONOLULU ) On this ~ 5~ day of /P~/~Ge-~, 1993, before me personally appeared F. Newell Bohnett, to me personally known, who, being by me duly sworn, did say that he is President of Puu Lani Ranch Corp., a Hawaii corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and said he acknowledged said instrument to be the free act and deed of said corporation. I~GvYnG ~(il ~l~i ~jn~Io~ Notary Public, State of Hawaii /S My commission expires: ~~3 ~7~ STATE OF HAWAII COUNTY OF HAWAII ss: On this i`~`~ day of ~z<w..ba..- 19~, before me, 1n~,,~emN K. 1Ca..l.; the undersigned Notary Public, personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affiaed to the foregoing instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed on behalf of COUNTY OF HAWAII by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. l v aS~ai Notary ublic, Sta a of Hawaii My commission eapires: z ~~ q L -S , DESCRIPTION Hiking, Bicycling and EQuastrian Easement Being portions of Lots 38, 39 and 78 of Puu Lani Ranch • Phase II and Lot 48 of Puu Lani Ranch (File Plan 19151 Being, also, portions of Grant 6147 to Kalani Nakupuna, Grant 8520 to Mrs. Louisa Keawa, Grant 8559 to Henry Hao, Grant 9990 to Frank Coelho and 25-Ft. Homestead Road Situated at Puuanahulu, North Kona, Island of Hawaii, Hawaii Beginning at the northeast corner of this parcel of land, on the northeasterly boundary of lot 38 of Puu Lani Ranch Phase II, the coordinates of said point of beginning referred to Government Survey Triangulation Station 'PUU PANINI' being 375.18 feet north and 7,335.05 feet east, thence running by azimuths measured clockwise from true south: 1. 322° 55' 42' 30.11 feet along the Government Land of Puuanahulu; 2. 86° 48' 283.07 feet along the remainders of Lots 39 and 38 of Puu Lani Ranch -Phase II, along Grant 6147 to Kalani Nakupuna; 3. Thence along Lots 38, 39 and 40 of Puu Lani Ranch • Phase II, along the remainder of Grant 6147 to Kalani Nakupuna, on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 10° 28' 04' 256.92 feet; 4. 33° 45' 2,153.20 feet atonq lots 40 to 49, inclusive, of Puu Lani Ranch -Phase II and Lot 18 of Puu Lani Ranch IFile Plan 19151, along the remainders of Grant 6147 to Kalani Nakupuna, Grant 9990 to Frank Coelho, Grant 8559 to Henry Hao and Grant 8520 to Mrs. Louisa Keawa; 5. Thence along lot 18 of Puu Lani Ranch (File Pan 1915), along the remainder of Grant 8520 to Mrs. Louisa Keawa, on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 55° t 8' 30' 238.84 feet; 6. 76° 52' 190.00 feet along Lot 18, the remainder of Lot 48, and along Lot 31, all of Puu Lani Ranch (File Plan 19151, along the remainder of Grant 8520 to Mrs. Louisa Keawe; EXHIBIT "A" Page 1 of 3 7. Thence along Lot 31 of Puu Lani Ranch (File Plan 19151, along the remainder of Grant 8520 to Mrs. Louisa Keawe, on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 170.18' 30' 258.58 feet; 8. 123° 45' 1,238.98 feet along Lots 31, 47, 46 and 45, the remainder of Lot 48, and along lot 22, all of Puu Lani Ranch (File Plan 19151, along the remainder of Grant 8520 to Mrs. Louisa Keawe; 9. 208° 18' 50.23 feet along Govemmant Road Reserve; 10. 303° 45' 1,243.75 feet along Lots 21 and 20 of Puu Lani Ranch (File • Plan 1915) and Lot 74 of Puu Lani Ranch -Phase II, along the remainder of Grant 8520 to Mrs. Louisa Keawe; 11. Thence along lot 74 of Puu Lani Ranch -Phase II, along the remainder of Grant 8520 to Mrs. Louisa Keawe, on a curve to the left with a radius of 275.00 feot, the chord azimuth and distance being: 280. 18' 30' 218.601eer 12. 256° 52' 190.00 feet along Lot 74 of Puu Lani RancA -Phase II, along the remainder of Grant 8520 to Mrs. Louisa Keawe; 13. Thence along Lat 74 of Puu Lani Ranch -Phase II, alorp the remainder o(Grant 8520 to Mrs. Louisa Keawe, on a curve to the left with a radius of 275.00 feet, the chord azimuth and distance being: 235.18' 30' 202.10 test; 14. 213° 45' 2,153.20 feet along Lots 74, 50, 75, 51, 52, 75 again, 53, 54, the remainder of Lot 78, Lots 73, 72 and 71, all of Puu Lani Ranch -Phase II, along the remainders of Grant 8520 to Mra. Louisa Keawe, Grant 8559 to Henry Hao, Grant 9990 to Frank CoelAo and Grant 6147 to Kalani Nakupuna; 15. Thence along Lot 70 of Puu Lani Ranch -Phase II, abnp the remainders of Grant 6147 to Kalani Nakupuna and 25-ft. Homestead Road, on a curve to the kft with a radius of 275.00 feet, the chord azimuth and distance being: 188. 12' 56" 237.08 feet; 16. 252° 40' S2' 50.00 feet along the remainders of Lot 78 of Puu Lani Ranch - PAase II and 25-ft. Homestead Road; EXHIBIT "A" Page 2 of 3 17. 286° 48' 680 Ala Moans Boulevard Flrst Floor Honolulu, Hawaii 96813 August 13, 1993 ~ r 271.54 feet along the remainder of Lot 38 of Puu Lani Ranch - Phass II, along Grant 8360 to Kawsimaka Hao to tha point of beginning and containing an area of 5.122 acres. Qt W CVN~G(, BELT COILINS & ASSOCIATES LICENS[U ~ /~ ` ~ PROFES~IONA~ ~ ~t~ z~J `~_„~~ ~w` LANO Registered Professional Surveyor SURVEYOR \ tro.etee * Certifeate Number 4t 88 I, U EXHIBIT "A" agF a ~Of-3 ~~ ~~.a bWIN•~ essis r w, rra7 ~ f+«+:..ws ..I r n rw wwwr~. ~s-^er •n....I--- -.•s.iet.w... EXHIBIT "B" w,,.,,. .ors ~ asp ~ Re uced