HomeMy WebLinkAboutRES 222 Draft 01 2008-2010
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 222 09
RESOLUTION ACCEPTING THE SURRENDER OF DERBY LANE (HOKU STREET TO
BARENABA STREET) AND A PORTION OF WILSON STREET (DERBY LANE TO KILAUEA
AVENUE), SITUATE IN THE DISTRICT OF SOUTH HILO, COUNTY AND STATE OF
HAWAII, AS COUNTY ROADS.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, Derby Lane connects Barenaba Street with Hoku Street, a public roadway in Hilo
(see attached); and
WHEREAS, the portion of Wilson Street which is the subject to this resolution connects Derby
Lane to Kilauea Avenue, a public roadway in Hilo; and
WHEREAS, these roads provide the access for the inhabitants of Fairview Lots and
surrounding lots which are bounded by Barenaba Street and Noio Lane; and
WHEREAS, the last recorded owner of the roadways was the developer of the Fairview Lots,
Colin McLennan; and
WHEREAS, it has been assumed that these roads had been previously dedicated to the County
and the County has been maintaining these roads; and
WHEREAS, these roads provide the only legal access to Barenaba Street and Noio Lane, which
are County-owned roads; and
WHEREAS, the owner cannot be located to dedicate these roadways; and
WHEREAS, no person has exercised any act of ownership over these roads for more than five
years; and
WHEREAS, these roads have fallen into a state of disrepair; and
WHEREAS, Hawaii Revised Statutes, Section 264-1(c)(2), provides: "Surrender of public
highways or trails shall be deemed to have taken place if no act of ownership by the owner of the road,
alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case
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of a county highway, in addition thereto, the legislative body of the county has, thereafter, by a
resolution, adopted the same as a county highway or trail."
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HA W AI' I that: 1) Derby Lane, between Barenaba Street and Hoku Street, and 2) that the portion of
Wilson Street from Derby Lane to Kilauea Avenue are hereby accepted as County roads by surrender
in accordance with Section 264-1(c)(2), Hawai'i Revised Statutes.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) the Mayor;
(2) the Department of Public Works; (3) the Department of Finance; and (4) Deputy Corporation
Counsel Gerald Takase.
Dated at
Hila
, Hawai'i, this 16th day of
September
,2009.
INTRODUCED BY:
~~
COUNCIL MEMBER, OUNTY OF HAW AI'I
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AYES NOES ABS EX
ENRIQUES X
FORD X
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI X
YAGONG X
YOSHIMOTO X
9 0 0 0
ROLL CALL VOTE
COUNTY COUNCIL
County of Hawai'i
Hilo, Hawai'i
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai'i on September 16, 2009 .
ATTEST:
Reference:
C-47'2PW1RC -37
22 . 09
CHAIRPERSON & PRESIDING OFFICER
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RESOLUTION NO.
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DEDICATION MAP
ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII
Dedication of a Portion of Roadways within Fairview - Lots (File Plan 54)
TO BE DEDICATED: Derby Lane (Hoku St. to Barenaba St.) Portion of Wilson Street (Derby Lane to Kilauea Ave.)
TYPE OF ROADS: Paved Paved
LENGTH OF ROADS: ±477 Ft. ±137 Ft.
AREA OF ROADS: 13,125 Sq. Ft. (More or Less) 3,759 Sq. Ft. (More o, r Less)
Tax Map Key: (3rd. Div.) 2-2-19 Exhibit A