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Home My WebLink AboutRES 444 Draft 01 1988-1992 ~;o - *-por v,oL c:cx~o r • . ~ r .ne=ra r -+' ' =v~ _.r~ a ae.a,:s: y....~ _... r`.. ~ _ .. ~ LW - ' - ~~`. ~• _~ .. . A. :1 ~ 7 - . ,s '.'~ ~ 1 . ~- I i a ` - ~ \,,:. a= ~ s .. • `~ ,~ \ • \~.. ` i - ~ _ • V h t ~ • 1 CQVN Ty y,l• Iy1 ~,- tT'V t.F• p _...~ O' ~ I ~ r?r I ~. tp _ ~ o - ~ i ~ ~ ~ I ~ jI `T• ~ Y - ~ .. o . ' • r ~ I ~ ~ T ~ ` ~ j~ ~ / :., I r ~ f • ;~ J :1 :.i ~ 1 ,• C cssa.-_ `• . ...~ -. .h•~ i I . OFFICE INFORMATION ONLY Meeting: Jtme 17 ~ 1992 Action: FILE (~ASF~ Res. 444-92 Re: COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. '~~`~ 9% WHEREAS, pursuant to Chapter 2, Article 9, Hawaii County Code, the Hawaii County Council, through adoption of Resolution No. 128 on July 6, 1977, of a non-exclusive roadway and utility easement over property known as the "Kona Hospital Lot" (TMK:(3)7-9-13:15) for the purpose of providing access to a proposed medical center on property adjacent to the Kona Hospital Lot; and WHEREAS, under the language of Resolution No. 128, the County Council provided the easement be "subject to reverter to County upon termination or abandonment of the specific purpose for which it was granted"; and WHEREAS, the easement was acquired from the County of Hawaii, but the proposed medical center was never developed, and the subject property was subsequently sold; and WHEREAS, MEN Real Estate Investment, Inc. (hereinafter described as "MEN"), a Hawaii corporation whose principal place of business is at 510 Piikoi Street, Suite 208, Honolulu, Hawaii 96814, has acquired the subject property, which is now designated as TMK:(3)8-1-01:25, along with the easement area for access to the subject property; and WHEREAS, the County Council granted to MEN a rezoning of the property from CN-10 to RS-15 by adoption of Ordinance No. 91-2 on January 11, 1991; and WHEREAS, MEN has submitted an application for a six-lot subdivision pursuant to the RS-15 zoning and has delineated roadway access over the easement area to serve the proposed lots; and WHEREAS, the reverter language has raised an uncertainty as to the scope of the easement that was initially authorized by Resolution No. 128; and WHEREAS, the County Council finds that a non-exclusive roadway and utility easement is warranted to provide the necessary access to the proposed residential subdivision, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it directs the Finance Director of the County of Hawaii or his authorized representative, as well as other affected agencies of the County of Hawaii, to officially consider the easement authorized by Resolution No. 128 to be a non-exclusive roadway and utility easement for legal access to the proposed residential subdivision on property designated by TMK:(3)8-1-01:25. RESOLUTION NO. `~~~ g~ BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii send copies of this resolution to the Honorable Lorraine R. Inouye, Mayor of the County of Hawaii; Mr. William Takaba, Finance Director; Mr. Norman K. Hayashi, Planning Director; and Mr. Bruce C. McClure, Chief Engineer. Dated at Kona, Hawaii, this 17th day June , 19 92 . INTRODUCED BY: 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 Ttma 1 7 , 1 Q 99 ATTEST: ROLL CALL VOTE AYES NOES ABS EX ARAKAKI DE LIMA DOMINGO HALE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE Reference C-3665/PWC--187 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 4~4 9a° ;vienezes Tsukazaki Yeh & Moore ATTORNEYS AT LAW 100 Pauahi Street Suite 204 Hilo, Hawaii 96720 Telephone: (BOB) 961-0055 FAX (808) 969-1531 April 24, 1992 Russell Kokubun, Chairman County Council County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 STEPHEN I. MENEZES R. BEN TSUKAZAK7 THOMAS L.H. 1'EH MICHAEL W. MOORE Re: Resolution for Clarification of Roadway and Utility Easement; Kona Hospital Lot, TMK:(3)7-9-13:15 Dear Chairman Kokubun: This firm represents MEN Real Estate Investment, Inc., owner of property ("subject pr-operty") which is adjacent to the Kona Hospital lot. Pursuant to my conversation with County Council Planning Committee Chairman Domingo, I am writing to request the County Council's consideration and adoption of a resolution which would clarify the intent of a roadway and utility authorized in 1973 by the County Council via Resolution No. 128. Resolution No. 128 (a copy of which is attached) authorized the grant of a non-exclusive roadway and utility easement to serve a proposed medical center on the subject property. The pre-amble in that resolution specifically provides: "WHEREAS, pursuant to Chapter 2,-Article 9, Hawaii County Code, the Hawaii County Council may dispose of real property by granting an easement for particular purposes, subject to reverter to County upon termination or abandonment of the specific purpose for which it was granted..." Subsequently, the proposed medical center was not developed, and the subject property was sold. Our client purchased the subject property and obtained a downzoning of the property from CN- 10 to RS-15 in 1991. During that rezoning process, there was no question raised on the reverter language of Resolution No. 128. However, during the pending subdivision process which has been initiated by our client in order to create six residential lots in conformity with the existing zoning, an issue was raised as to whether the non-development of the medical center affects the purpose for which the easement was granted and thus the reverter language. I have also enclosed a copy of the relevant portion of the subdivision plat map for the County Council's review. 3G~s' coM~~. r~o..------------------- To: PWC Menezes Tsukazaki Yeh & Moore A"rNRNEYS AT LAW Russell Kokubun, Chairman April 24, 1992 Page 2 It appears to us that the basic purpose of the easement was to provide a non-exclusive right of roadway and utility access to the subject property. This basic purpose is still applicable even though the proposed medical center has not been constructed. The proposed six-lot subdivision needs this access. Ih terms of impact on the easement area, the traffic impact of the residential lots would be substantially less than that of the medical center. The draft of a corrective resolution is enclosed for the County Council's review. Based upon the nature of this corrective action, Councilman Domingo had advised us that Planning Committee review is unnecessary. We respectfully request that this matter be placed on the County Council's agenda for consideration. Please contact me if I may provide the County Council with other necessary information. Very truly yours, MENEZES TSUKAZAKI YEH & MOORE RBT:sr Enclosures xc MEN Real Estate Investment, Inc. Planning Department Belt Collins & Associates fZes 4~~ Cciu~ty- o~ Hawaii-State of Hawaii ~eso~atio~ T~To: .~28 WHEILFaG, pursuant t6 Chapter 2, Article 9, Hawaii County Code, the Hawaii County Council may dispose of real property by granting an easement for particular purposes, subject to reverter to County upon terrination or abandonment of the specific purpose for which it was granted; and WHEREAS, the property situated near the border o£ North and South Rona approximately 1,OOD feet East of the Aawaii Belt Road, known as the Rona Hospital Lot, Tax Nap Rey 7-9-13-15, is owned by the Department of Health, State of Hawaii, but has been transferred to the County of Hawaii by Executive Orders 1642 and 2486; and WHEP.EAS, Chisato Hayashi and James E. Mitchell, doing business as Rona Medical Associates, a general partnership whose principal -place of business is at Xainaliu, Hawaii, have applied for a grant of a non-exclusive roadway and utility easement through, under and across the land described in Exhibit A, attached hereto and made a part hereof (hereinaftez described as "easement area") and delineated by the shaded area in Exhibit B attached hereto and made a pazt hereof; and WHEREAS, the Director of the State Department of Health has approved the request for the aforementioned grant of easement; and WHEREAS, the appraised values of easement 1 and easement 2, both described in Exhibit F., are $9,267.00 and $1.00, respectively; and WAEP.EAS, Yona Medical Associates desires to acquire the easement area for the purpose of developing a medical center; and h°H'_'PJ:21S, the CoLZty Council finds that a medical center in the viciaity o~ the P.ana Hospital Lot :ill tend to provide improved medical se: vices, thus positively een:sibuting to the public health and welf<:re o`_ the people living in the Rona area, 2.OT:, T'.j +~FOP~, EE IT RESOLY~ HY T~ COIII.CIL OF THE COIINTY OF BAFP.II that it .directs the Finance Director of the County of Hawaii c.-his authorized representative to dispose of the easement azeas prrsu~-Lt to Chanter 2, Article 9 of the Hawaii County Code. HE IT FIIRT1/R RESO_T,4~.D that the Finance Director sell the easement areas at a price not less than the upset price which .includes the appraisal value, appraisal cost and cost of publication of public notice. HE IT.F_R~S.LY P.ESDLVED that the Clerk of the County of Hawaii send copies of this resolution to the Honorable Herbert T. Matayoshi, Mayor of the Cou.-Lty of Hawaii; PSr. Stanley Nakamae,~Finance Director of the County of Hawaii; and Mz. Edward Harada, Chief Engineer of the County of Hawaii. Dated at Hilo, Hawaii, this 6th day of July 1977. ZYSTROD~U~/E//D//~/BY : O ~- :.'O'JI:CiL I5EPI9 I:. ; /COUI:TY OF HhltinZl COUI:TY COU:: GL County of Ho. ra;r I,Tro, Howoir 1 hereby ce.tily that the tore~oing P.ESOLUTION wot by the tore indreoted to he tight hereol adopted by the COUNCIL of the County of Howoii on July_ 6~ 19=t7 1TiEST: ~'. E8. lLOllSR Cx41LwNN L ILESIDUi: LMIIQL ])UNET QP[ LOLL CAtI VOTE Y.acaou[ W ramzshuo ..r...~.. - --- -- M ~ Me L[SOlVt10M N~ ~ __12E ~.., .,. PLT&LIC NOTICE Pursuant to Chapter 2, Article 9, Hawaii County Code, public notice is hereby give. of a public auction to dispose of certain real property by grant of easement. TIME PLACE: Main Entrance of County Building, 25 Aupuni Street, Hilo, Hawaii. DESCRIPTION Or^ REAL PP.OPEFTY: 30-f oat wide road easement and access easement on Rona Hospital Lot, TMR: 7-9-13-15. OPSET PRICE: The mans showing the metes and bounds descr'_ption and the classification of the land are kept in the Office of the Finance Director and are available for inspection at all reasonable hours. STAITLEY NARAMAE Finance Director County of Hawaii D E: C R I P T Z O N F.ssement ^l" Revised Seing a 30-Soot wide Road Easement aver and across Crant 173 to J. Peters ~.t Kanaueue 2-;d. , North Kona, Iia~:~ii Beginning at a poi-tt at the northwest corner o£ this easement, the coordinates o£ ti:hich refered to.Government Survey Triangul>aion Station ^P[III Oi-;AU" being 3,221.7$ feet North and 11,658.86 j'eet East and running by ~=imuths measured clockwis_ £.rom true Southt Along remainde_ cS 6rost 173 to J. Peters for the following sixteen (161 coarsest { 1. 255° 5g' 31.40 feet; Thence on a cr-•~-e to the right vrith 2 radius o£ 14$.00 feet; the azimut and distance :° the chord beingt 2, 289° 29' 160.13 Feet; Thence on a curve to the left vrith a radius o£ 135.00 feet, the azimuth and distance.o~ the chord being 3- 309° 22' 30^ E,. GO Feet; 4. 295° 45' C3.57 feet; Phence on a curve to the right with a radius oS 63.00 feet, the azimuth and distance o£ the chord beingt 5_ 3X90 30. 6. 3° 15 70.00 Feet; 1k;6.64 feet; Thence on a curve to the left with a radius o: 97.50 Feet, the azimuth and distance of the chord beings 7. 310° 15' 155-73 Sect; 8, 347° 15' 30.00 £eett Thence on a curve to the right v,•ith a radius o£ 127.$0 Feet, the az and distance o_' the chord Doing: • 9. 130° 15' 293.65 Feet; o. 183° 15' 246.64 Scott Thence on a curve to the left with a radius o£ 3j.0o_ Feet, the azimuth and distance o. the chord beingt 1. 149° 30• 35.67 feet; .:~, ~8 hi I 4 I I I i ---___------ -- -~:I D E S C R I P T I O N Easement ^2' - Being a 30-loot ride Road Easement over and across Grant 173 to J. Peters at Kanaueue 2nd.. North Kona, Hawaii inning at a point at the northwest corner of this easement, the coordinates of which referred to Government Survey Triangulation Station ^P11[1 OHAU" being 2,76D'.93 feet North and 12,070.$D feet East. and by azimuths measured clockwise from true Southt Along the southerly side of road Easement 1 on a curve to the left with a radius of 127.50 feet, the azimuth and distance of the chord being" 1. 268° OD' 46.36 feet; , Thence along remainder of Grant 173 to J. Peters on a curve to the left with a radius of 10.00 feet, the azimuth and distance of the chord being: 2. 37° 45' 43" 12.79 feet= 358° oD' 87.35 feett along remainder of Grant 173 to J., .Peters; i g2° 00' 30.07 Seet along stonewall, along R. P. 1670,'. Z. C. Aw. 387 to American Board of Commissioners for Foreign t+lissions~ at Halekii; ~ 178° Op' 85.24 feet along remainder of Grant~l7j to I ' J. Peters; ' Thence along remainder of Grant 173 to J. Peters on a curve to the le it with a radius of 10.00 feet, the azimuth and distance of the chord being 6'. 138° 14~. 17" 12.79 feet to the point of beginning and containing an area oS 2858 square feet. JOHN D. 13L.EKS Registered Surveyor-Engineer a5D2E D. I ~. April 20, 1977 ENGINEER ~ No. 302E•3~ ~Y~Ltl~~Y~ ~ Gb.. 1. _ 12. l1S° 4$' 63.57 feett ~ I Thence on a curYe to the risht Trith a.r di:fs o; l6$.OD feet, the azimut h and "distance of th•_ chord heingr - f 13. 129° 2=' 3D" 77.74 feE:t; I Thence on a cv:ve i:o the left c:ith a raflius cT ~~$.00 feet, the azimuth and distance. D; the chard Deingi 14. 109° 29' j~7.O0 feet; 16. '173° ~7' 3D-?~ fect aleag Ease>rent ^3^ to the point of bcginni_zg az3 containing an area of 22,$$3 square feet or 0.$18 Acre. Registered SLrveyDr-*~gineer "$02ES ~ IATE D~ Ap ri'_ 2^, 1977 t~ p' EvE ~ .REGISTERED' ~'r' ~PROfESSIONAI ~ ' I. ~ ENGINEER '_ No. 502 E-5 \~ /p q ~q'' U S - j I ~. ..~~::-