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HomeMy WebLinkAboutRES 080 Draft 02 1988-1992.-' ---- COUNTY OF HAW'A~. ;:.;;STATE OF HAWAII RESOLUTION No. 80 89 (DRAFT 2) WHEREAS, section 264-2, Hawaii Revised Statutes, provides that the ownership of any County highway which is required by the State for State highway purposes, shall be transferred and vested in the State without compensation; and WHEREAS, section 2-120, Hawaii County Code 1983, provides that the County Council may, by resolution approved by a majority of its members, direct the finance director to negotiate the disposition of real property to other governmental agencies; and WHEREAS, the State of Hawaii Department of Transportation, Highways Division, has scheduled the construction of the Keaau-Pahoa Road, FASP No. RS-0130(18), in the vicinity of Kahakai Boulevard to Kapoho and Kalapana Road Junction; and WHEREAS, such construction has necessitated the acquisition, by the State, of several roadway parcels currently owned by the County; and WHEREAS, at the request of the State, the County Council adopted Resolution No. 24-89, directing the finance director to negotiate the disposition to the State, of parcel 21, TMK: 1-5-06, portion of Puna Road, and parcel 22, portion of Pahoa-Kapoho Road between TMK: 1-5-03 and 1-5-06 (portion of 6.6 mile State-owned segment transferred to County of Hawaii under Phase I of the State Highway System Agreement dated January 30, 1968), both parcels owned by the County of Hawaii, and both parcels required by the State of Hawaii for the construction of the Keaau-Pahoa Road; and WHEREAS, the State has now further requested the transfer of Boundary "2," identified as being along TMK: 1-5-03-39 (portion), having a length of 9.49 linear feet, owned by the County of Hawaii, and required by the State of Hawaii so as to deny vehicular access to and for the construction of the above-referenced Keaau-Pahoa Road. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the director of finance be directed to negotiate with the State of Hawaii for the disposition of the above-described Boundary "2"; and BE IT FURTHER RESOLVED that the County be authorized to grant to the State of Hawaii rights of entry upon and possession of Parcels Nos. 21, 22, and Boundary "2," pending the transfer of said parcels to the State, as shown in map attached hereto as Exhibit "A"; and BE IT FURTHER RESOLVED that the director of finance shall notify the State of Hawaii Department of Transportation, Highways Division, of the approval of this resolution. Dated at Hilo, Hawaii, this 16th day of August 1989. INTRODUCED BY: ~~. ~j CIL MEMBE OUNTY 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 of Hawaii on August 1 6, 1 989 , ATTEST: /~ G1</ J . (~~r~ COUNTY C RK HAIRMAN & PRES DING OFFICER Reference AYES NOES ABS EX DOMINGO X HALE INOUYE KOKLJBUN }{ LAI MAKUAKANE RUDDLE SCHUTTE YAMASHIRO X ~ ~ () ROLL CALL VOTE C-743/PWC-52 RESOLUTION NO. 8O 89 (DRAFT 2) _ __ _ I• ..~ _ U G Q. n 'q N Au~m O O 9N o~ to I zec io'sc= ~~' o _ S ~ ~ easl " 0 w• I2 j1._ ~• ~ 00 ~9, »g4 ~ u. TD \. •A \ /OG•3p. U ~~\ ~~O~q_ 21h i9B.Ba \ .'a i ~~ 1 >a ~ _ ~ ~{ u Eta •_o. Oq`I / i~c~i m ~ ©354 ~ o^~_ <31 ~~_ s a~ ~ '/,off i_!' ~3.ic_ is -'3o 4~f . ~ { _ ~ Pena. !JI ~44G• O 86081fN >c. _~~ W":! n'%• _ o' l~':4~O.co ~ .~O yep x66'30• >~ ~ __ __ mA i __ __.JO n II•°~~ VO Wm. N ~ 1 W ~° m' a ~, O - O- n, J U y n N ~' r I A A U W V C ,y It n I I V 4 ~ - 1 ~ y I o 1 ~ ~ n n ` I DI i .4A ~-i~~ Lr r ~ ~ ~ ~ xll ^ o ~s a i T c _ ~ 6 q P Y U ~ O 6 k` ;o n n N~ ~ / ( (11 ~ V 1?• ~ ~ 0 U 'e0 IY ~~ }~ • ~ i I; ~J P ~ Des- 4. .l •° n °• O"Fo a l i n a n.+ o `e.~ I a W N `46 . ' , N ~ IZ I I .• ~ ~y J 1 \)1 ~ I ~ o I + ~ ,ID, N N ~ , 1 -0 :"; N -'o __~D~a oo ie D ! Y, a I~ ~ Il '~, J ~ I I j-~ o ~ I I2 / ~Q I"'I , ~~ N IW G~/ ~ ~ o cif a ~ov~ ~ ~- - nncc~, 0 1 v ~I}•' n n ~l I O' nrW~ C91C _~~ p ., j W LG-asD _m • _ F C ~~ ' .a c ~ ~ o' 2; ~I ~ ob ^ l^ ~ to ~ . ~ d I Se ee", -------N- „„ . ~ `' ~ /, ~~ T~ _ ~e - .EXHIBIT A RUSSELL S. KOKUBUN Chairman k ftesding Officer MERLE K. LAI Vice-Chairwoman COLI,\TI' COLE\CIL Cauntu of Hau+nii Hawaii Cmuity Building 25 ~lupuni Sheet Hilo, Haiaaii 96720 August 22, 1989 State of Hawaii Department of Transportation Highways Division 50 Makaala Street Hilo, Hawaii 96720 Enclosed is a copy of Resolution No. 80-89 which was adopted by the Council of the County of Hawaii on August 16, 1989. ~~ ~r ~~ ~ohn A. Wagner COUNTY CLERK TAKASFi1 DOMNGO HF,LENF; H. FiALE LORRAWE R. INOUYE ROBERT H. MAKUAKA N'E HARRY S. RL'DDLE SP[NCER K. SCHliTTE STEPHEN K. YAYtASHIRO Encl. l ~ COUNTY OF HAVi~ w ~f~~STATE OF HAWAII RESOLUTION No. 80 89 WHEREAS, section 264-2, Hawaii Revised Statutes, provides that the ownership of any County highway which is required by the State for State highway purposes, shall be' transferred and vested in the State without compensation; and WHEREAS, section 2-120, Hawaii County Code 1983, provides that the County Council may, by resolution approved by a majority of its members, direct the finance director to negotiate the disposition of real property to other governmental agencies; and WHEREAS, the State of Hawaii Department of Transportation, Highways Division, has scheduled the construction of the Keaau-Pahoa Road, FASP No. RS-0130(18), in the vicinity of Kahakai Boulevard to Kapoho and Kalapana Road Junction; and WHEREAS, such construction has necessitated the acquisition, by the State, of several roadway parcels currently owned by the County; and WHEREAS, at the request of the State, the County Council adopted Resolution No. 24-89, directing the finance director to negotiate the disposition to the State, of parcel 21, TMK: 1-5-06, portion of Puna Road, and parcel 22, portion of Pahoa-Kapoho Road between TMK: 1-5-03 and 1-5-06 (portion of 6.6 mile State-owned segment transferred to County of Hawaii under Phase I of the State Highway System Agreement dated January 30, 1968), both parcels owned by the County of Hawaii, and both parcels required by the State of Hawaii for the construction of the Keaau-Pahoa Road; and WHEREAS, the State has now further requested the transfer of Boundary "2," identified as being along TMK: 1-5-03-39 (portion), having a length of 9.49 linear feet, owned by the County of Hawaii, and required by the State of Hawaii for the construction of the above-referenced Keaau-Pahoa Road. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the director of finance be directed to negotiate with the State of Hawaii for the disposition of the above-described Boundary "2"; and BE IT FURTHER RESOLVED that the County be authorized to grant to the State of Hawaii rights of entry upon and possession of Parcels Nos. 21, 22, and Boundary "2," pending the transfer of said parcels to the State; and BE IT FURTHER RESOLVED that the director of finance shall notify the State of Hawaii Department of Transportation, Highways Division, of the approval of this resolution. Dated at Hilo, Hawaii, this day of INTRODUCED HY: 1989. COUNCIL MEMBER, 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 of Hawaii on ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO HALE INOUYE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE YAMASHIRO Reference C-743/PWC-52 RESOLUTION NO. SO H9 e~~n,or wyi•\ (: ~'ti~, X1,1, ~:.\, ,,.a.. Bernard K. Akana Mayor Department of Finance Barry T. Mizuno Director 25 Aupuni Street, Rm. 118 • Hilo, Hawaii 96720 • (808) 961-8234 July 19, 1989 The Honorable Russell S. Kokubun, Chairman and Members of the Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Kokubun: In December 1988 the State Department of Transportation, Highways Division, requested the transfer of three small parcels of land from the County to the State for their use in constructing the Keaau-Pahoa Road. By Resolution 24-89, the Council approved the transfer of two of the parcels, which totaled .231 and .192 acres respectively. The third "parcel" -- actually a length of 9.49 linear feet along the edge of the roadway -- was inadvertently omitted from Resolution 24-89. We attach a proposed resolution to authorize transfer to the State of this third parcel, which is known as Boundary "2", and also to approve granting a right of entry to the State to allow them access to all three parcels pending completion of the transfer documents. Your approval of the attached resolution is respectfully requested. Very truly you s, BA- RRY T. MIZUNO Director of F~e A roved: BERNARD K\. AKANA Mayor BTM:as encl. ~'~.~50 e!~,,,~?. ~oe_._?.`_~3_ a: ~\M±" ~.