HomeMy WebLinkAboutRES 039 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. ~ 9 ~ 9
RESOLUTION RELATING TO ABANDONMENT OF HOMESTEAD ROAD IN
LAUPAHOEHOE ADJACENT TO TAX MAP KEY (3)3-6-09-031 (LAUPAHOEHOE
POLICE AND FIRE STATION).
WHEREAS, that segment of a paper roadway identified as the "Homestead Road" at
Laupahoehoe, North Hilo, Hawaii, that leads to the Mamalahoa Highway adjacent to Tax Map
Key (3)3-6-09-031 (see Exhibit "A") exists only on paper and is therefore not in use, nor usable
for transportation purposes for the general public; and
WHEREAS, available evidence indicates that this road was a homestead road; and
WHEREAS, title to such road has become vested in the government under the doctrine of
the Application of Kelley, 50 Haw. 567 (1968); and
WHEREAS, this road is not under the jurisdiction of the State Department of
Transportation and, is therefore a County highway pursuant to Hawaii Revised Statutes
Section 264-1; and
WHEREAS, the Hawaii County Fire Department seeks to construct a new fire station on
Tax Map Key (3)3-6-09-031; and
WHEREAS, the design of the building will encroach into the setback created by the
Homestead Road; and
WHEREAS, since the road has never been used, its abandonment is of little consequence
and creates no hazdships; and
WHEREAS, all County highways once established, continue until vacated, closed,
abandoned or discontinued by resolution of the Council; and
WHEREAS, Sections 2-1 l4 through and including 2-120 of the Hawaii County Code
authorize the disposal of remnant roadways by sale, exchange and/or lease; and
WHEREAS, it is to the public's best interest that the County of Hawaii allow the
construction of a new fire station at Laupahoehoe;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that said portion of the Homestead Road from the Mamalahoa Highway adjacent to
Tax Map Key (3)3-6-09-031 is hereby abandoned and discontinued as a County highway.
DATED: Hilo, Hawaii, this 17th day of March , 1999.
INTRODUCED B` Y^:
V
COUNCIL MEMB C OF HAWAII
J
COUNTY COUNCIL ROLL CALL vorE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAKI X
CHUNG X
1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF X
the vote indicated to the right hereof adopted by [he COUNCIL of the IACOBSON X
County of Hawaii on March 17, 1999
LEITHEAD-TODD X
ATTEST: PISICCHIO X
SMITH X
TYLER
YAGONG g
8 0 1 0
COUNTY CLERK CHAIRMAN&PRESIDINGOFFICER C-140~PW~PC- 13
Reference: r~ n n
RESOLUTION NO. 7 9 ~
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PORTION OF HOMESTEAD
ROAD TO BE ABANDONED
EXHIBIT "A"