HomeMy WebLinkAboutRES 466 Draft 01 1988-1992COUNTY OF HAWA~~„ .•:,,~5`IrATE OF HAWAII
RESOLUTION No.
466 92
RELATING TO THE EXCHANGE OF REAL PROPERTY LOCATED AT
KEAUHOU, DISTRICT OF NORTH KONA, COUNTY OF HAWAII FOR REAL PROPERTY
LOCATED AT HONOHONONUI, DISTRICT OF SOUTH HILO, COUNTY OF HAWAII.
WHEREAS, the County of Hawaii's Hilo Wastewater
Treatment Plant Project includes the construction and
installation of a sewerline through real property located at
Honohononui, South Hilo, identified as TMK:(3)2-1-13:146 and 147,
which real property is owned by the Trustees of the Estate of
Bernice Pauahi Bishop, which is a non-profit organization, (the
"Bishop Estate real property"); and,
WHEREAS, the County of Hawaii desires to obtain a fifty
foot wide non-exclusive easement for sewerline purposes through
the Bishop Estate real property as depicted on maps prepared by
Inaba Engineering, Inc., dated March 28, 1990 (the "sewerline
easement"); and,
WHEREAS, the Trustees of the Estate of Bernice Pauahi
Bishop are willing to grant the sewerline easement to the County
of Hawaii in exchange for the County of Hawaii conveying in fee
to the Trustees of the Estate of Bernice Pauahi Bishop real
property located at Keauhou, North Kona, identified as TMK:(3)
7-8-10:37 (the "Heeia WTP"); and,
WHEREAS, Section 2-120(a)(3), Hawaii County Code,
permits the negotiated exchange of County-owned real property for
real property owned by a non-profit organization.
NOW, THEREFORE, be it Resolved by the County Council of
the County of Hawaii as follows:
1. The Director of Finance is hereby directed,
pursuant to 52-120, Hawaii County Code, to negotiate the exchange
of the County of Hawaii's fee interest in the Heeia WTP for the
grant of the sewerline easement through the Bishop Estate real
property from the Trustees of the Estate of Bernice Pauahi
Bishop, which is a non-profit organization, upon such terms and
conditions as the Director of Finance may deem appropriate.
2. The Director of Finance shall submit to the County
Council for its approval and consent all such terms and
conditions that he may negotiate and all documents of conveyance
between the County of Hawaii and the Trustees of the Estate of
Bernice Pauahi Bishop.
3. The County Clerk shall transmit copies of this
resolution to the Chief Engineer, the Director of Finance and the
Trustees of the Estate of Bernice Pauahi Bishop.
Dated at Kona, Hawaii, this 17thday of June 1992.
Introduced by:
Couf[L~j o
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted bythg COUNCIL
of the County of Hawaii on June 1 / , 11 `y 9y L .
ATTEST:
~~ /~/1" ~ ~i ~a
"'COUNTY CLERK AIRMAN & PRE DING OFFICER
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
DE LIMA
DOMINGO X
HALE X
KOKUBUN X
LAI X
MAKUAKANE
RUDDLE X
SCHUTTE
Reference C-3817/PWC - 195
RESOLUTION NO. 4G6 92
RUSSELL S. KOKUBUN
Chairman & Presiding Officer
MERLE K. LAI
Vice-Chairwoman
COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hito, Hawaii 96720
June 29, 1992
Bishop Estate Trustees
Kawaiaha'o Plaza
567 S. King St., Suite 100
Honolulu, HI 96813
Enclosed is a copy of Resolution No. 466-92 which was
adopted by the Council of the County of Hawaii on
June 17, 1992.
~;~;.~
~or John A. Wag er
COUNTY CLERK
JAMES Y. ARAKAKI
BRIAN J. DE LIMA
TAKASHI DOMINGO
HELENE H. HALE
ROBERT H. MAKUAKANE
HARRY 5. RUDDLE
SPF.NCE12 K. SCHUTTE
Encl.
Lorraine R. Inouye
wy~,
Bruce C. McClure
e cn;~ ~~~
~,~~< Department of Public Works La ~ty«fE ~~ as
•
=~_ _ _ County of Hawaii • 25 Aupuni Street, Rm 202 • Hilo, Hawaii %720 • (808) 961-8321 • Fax (8081969-7138
May 29, 1992
HONORABLE RUSSELL S KOKUBUN CHAIRMAN
AND MEMBERS OF THE HAWAII COUNTY COUNCIL
HAWAII COUNTY BUILDING
HILO HI 96720
SUBJECT: HILO WASTEWATER TREATMENT PLANT PROJECT - RESOLUTION RELATING
TO THE EXCHANGE OF REAL PROPERTY WITH THE ESTATE OF BERNICE
PAUAHI BISHOP
Bishop Estate has agreed to convey the sewerline easement needed for the
Hilo Wastewater Treatment Plant Project in exchange for the conveyance
of the Heeia Wastewater Treatment Plant. Kahaoi Road and Kamakuna Road
will no longer be included in the exchange. A letter dated May 29, 1992
from Stephen J. Menezes, a copy of which is attached, provides further
explanation.
The attached resolution replaces the resolution submitted with our
correspondence of April 30, 1992. Other than the omission of the
references to Kahaoi and Kamakuna Road, it is identical to the earlier
resolution.
We believe the proposed exchange to be in the County's best interest and
recommend the adoption of the resolution.
BRUCE C. McCLURE, P.E.
Chief Engineer
Attachments
BCM:jjs APPROVED:
cc: Mayor .
Finance
Corporation Counsel
Engineering
Wastewater ~ Mayor
Stephen J. Menezes r~
8~ I
COMM. NU ..... ....................._~
~~ _ :~ <:, To, PWC
-. ~
Menezes Tsukazaki Yeh & Moore
ATTORNEYS AT LAW
100 Pauahi Street Suite 204 Hilo, Hawau 96720
Telephone: (808) 961-0055 FAX (808) %9-1531
May 29, 1992
Bruce C. McClure
Chief Engineer
Department of Public Works
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Hilo Wastewater Treatment Plant Project - Resolution
Regarding the Exchange of Real Property
Dear Mr. McClure:
STEPHEN J. )AEIEZES
R. eEN TSUKAZAKI
THOMAS L.H. }EH
MICHAEL W. ~tO0I2E
Bishop Estate is in the process of preparing a land use plan
for its property at Honohononui. Part of the planning process
will include input from the Keaukaha community, government
agencies and other interested community groups.
Until the land use plan is more definite, it does not appear
appropriate to proceed with the acquisition of Kahaoi Road and
Kamakuna Road. Bishop Estate will contact the County at a later
date to discuss acquisition of the roads.
However, Bishop Estate would like to proceed with the
exchange of the sewerline easement for the Heeia Wastewater
Treatment Plant. Kahaoi Road and Kamakuna Road will no longer be
considered as part of the exchange. This will require a revision
of the resolution pending before the Public Works Committee to
delete the references to the roads.
Please call if you have questions.
Very truly yours,
MENEZES TSUKAZAKI YEH ~ MOORE
N J. ME ZE
SJM:dd
xc: B. Herkes
B. Lindsey
B. Rosehill