HomeMy WebLinkAboutRES 429 Draft 01 1988-1992 OFFICE INFORMATION ONLY
Meeting: N/A - Public Works Committee
Action: Replaced by Res 109 -93 (Comm. 586)
(Note: Closed file on Res. 109 -93 (Comm 586) on 02/01/2005.)
Re: Res 429 -92; Comm 3461 (1992)
/
COUNTY OF HAWAII
~TATE OF HAWAII
RESOLUTION NO.
,429 92
RESOLUTION AUTHORIZING THE COUNTY OF HAWAII TO SELL THE
UNIMPROVED PORTION OF THAT RIGHT-OF-WAY REFERRED TO AS WAIMALINO
LANE, TMK: 2-6-7:5, AS A REMNANT, PURSUANT TO HAWAII COUNTY CODE
S2-ll8.
WHEREAS, the County of Hawaii owns the sUbject right-of-way
referred to as Waimalino Lane, located off Amauulu Road,
TMK: 2-6-7:5, in South Hilo, County and State of Hawaii, and
registered in the Land Court in Liber 345, pp. 55-56i and
WHEREAS, the County of Hawaii's subject right-of-way extends
in line with Waimalino Lane onto that parcel of land,
TMK: 2-6-7:5, and does not include any paved or maintained
roadway that is currently used by the publici and
WHEREAS, the abutting property surrounding the subject
right-of-way on three sides is owned by Riverview Development
Partners, while the fourth side's abutting property is a public
road owned by the County of Hawaii; and
WHEREAS, Riverview Development Partners intends to develop
the abutting property surrounding the subject right-of-way as
residential property and des1res to acquire the subject
right-of-way for incorporation into the project; and
WHEREAS, Riverview Development Partners desires to acquire
the subject right-of-way through the process established by Hawaii
County Code S2-ll8 for disposal of County real property without
auction as a remnanti and
WHEREAS, the County of Hawaii, through its Department of
Public Works, finds that the subject right-of-way is vacated,
closed, abandoned or otherwise discontinued, and is economically
and physically unsuitable or undesirable for development or
utilization as a separate unit by reason of size, location and
shape;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the subject right-of-way is declared to be a
remnant because it is a vacated, closed, abandoned and otherwise
discontinued right-of-way which is physically and economically
unsuitable or undesirable for development or utilization by reason
of location, size and shape, pursuant to Hawaii County Code S2-110.
BE IT FURTHER RESOLVED that, inasmuch as the subject
right-of-way is a remnant, the County of Hawaii is hereby
authorized to sell the subject right-of-way without recourse to
pUblic auction in the manner set forth in Hawaii County
Code S2-118, to Riverview Development Partners, the abutting owner.
BE IT FURTHER RESOLVED that said sale of the subject
right-of-way shall include the following conditions:
1. That Riverview Development Partners, the buyer of the
subject right-of-way, be required to assume the entire cost of
cutting and plugging the existing waterline on the subject
property; and
-2-
2. That Riverview Development Partners, the buyer of the
subject right-of-way, shall be responsible for all costs if
existing water services must be relocated; and
3. That no work be permitted on the existing waterline
unless the Department of Water SuPply of the County of Hawaii
gives its prior approval.
BE IT FURTHER RESOLVED that the County Clerk be and is hereby
instructed to transmit copies of this resolution to the Honorable
Lorraine R. Inouye, Mayor, Mr. Bruce C. McClure, Chief Engineer,
and Mr. William Takaba, Director of Finance.
Dated at Hilo, Hawaii, this ____ day of
, 1992.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
ROLL CALL VOTE
ATTEST:
AYES NOES ABS EX
ARAKAKI
DE LIMA
DOMINGO
HALE
KOKUBUN
LA!
~UAKANE
RUDDLE
SCHUTfE
Reference C-3461/PWC
RESOLUTION NO. 129 92
, I hereby certify that the foregoing RESOLU~I~~~~~~l
the vote indicated to the right hereof adopted by t e
of the County of Hawaii on .
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER