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HomeMy WebLinkAboutRES 397 Draft 01 1988-1992 OFFICE INFORMATION ONLY Meeting: N/A - Public Works Committee Action: Replaced by Res. 429 -92 (Comm. 3461), at the request of Merle Lai. Re: Res 397 -92, Comm. 3208 (1992) P I \ '\ 'to COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 397 92 RESOLUTION ABANDONING, VACATING, CLOSING, AND DISCONTINUING THE RIGHT-OF-WAY KNOWN AS WAIMALINO LANE, TMK: 2-6-7:5, AND AUTHORIZING THE COUNTY OF HAWAII TO SELL THE RIGHT-OF-WAY KNOWN AS WAIMALINO LANE, TMK: 2-6-7:5, AS A REMNANT, PURSUANT TO HAWAII COUNTY CODE S2-118. 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 recorded in the Bureau of Conveyances of the State of Hawaii in Liber 345, pp. 55-56; and WHEREAS, the abutting property surrounding the subject right-of-way on these 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 desires 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 S2-118 for disposal of County real property without auction as a remnant; 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, as delineated in red on the map attached hereto and marked Exhibit "A," 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 S2-11S, 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 there shall be reserved a utility easement for the entire length of the subject right-of-way for the benefit of The Gas Company, for the purpose of maintaining utility service; and 2. That Riverview Development Partners, the buyer of the subject right-of-way, be required to assume the entire cost of -2- cutting and plugging the existing waterline on the subject property; and 3. 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 4. 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 , 1991. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii ROLL CALL VOTE 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 AYES NOES ABS EX ARAKAKI DE LIMA DOMINGO HALE KOKUBUN LA! MAKUAKANE RUDDLE SCHUTIE Reference C-1207/Pt-J(' RESOLUTION NO. 357 92 ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER G,...,..,~ tif I ,Ld C"" i <. os I ""'t"r .!I 7$ I STREET ~ 3.....s. "'''0 el.~"'''1C. L",,..,. CD. L." ""'9.... U""1l WAlLe.. 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