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HomeMy WebLinkAboutRES 229 Draft 01 2008-2010 ,~YY 0! N,~ !P:'•,y die COUNTY OF HAWAII STATE OF HAWAII 'ij, p`•N'~r RESOLUTION NO. 229 09 RESOLUTION AUTHORIZING A GRANT OF EASEMENT FOR ACCESS PURPOSES TO AMY B. H. GREENWELL ETHNOBOTANICAL GARDENS, KEALAKEKUA, HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, Bishop Museum, a Hawaii non-profit Corporation, hereinafter "Bishop Museum," plans to develop a new visitor educational center at the Amy B. H. Greenwell Ethnobotanical Gardens, hereinafter the "Gardens," which is located at 82-6160 Hawaii Belt Road, Kealakekua, South Kona, Hawaii, Tax Map Key (3)8-2-013:002 (por.), and is adjacent to Arthur C. Greenwell County Park, hereinafter the "Park"; and WHEREAS, the County Council in Ordinance 08-150 approved the reclassification of the above-cited parcel from Agricultural to Neighborhood Commercial; and WHEREAS, the Gardens and planned visitors educational center will be open to the public during the hours of 7:00 a.m. to 5:00 p.m. and may host an occasional event until 10:00 p.m. This facility will benefit residents and tourists alike; and WHEREAS, Bishop Museum has requested a twenty (20) year easement across Arthur C. Greenwell County Park for the purpose of accessing the Gardens. In its request, Bishop Museum states that it believes that an access point through the Park would be safer and reduce traffic impacts along Mamalahoa Highway; and WHEREAS, the easement requested would commence from the entrance to the Park at Mamalahoa Highway and terminate at the border between the unimproved dirt County right-of-way and the Garden. This easement would be an approximate 100 foot long paved roadway of Tax Map Key (3)8-2-013:005 (por.) and its location and description is further described and shown in Exhibit A attached hereto; and WHEREAS, pursuant to Sections 2-120(a)(4) and 2-111(2), Hawaii County Code, the Council is authorized to grant easements to non-profits for particular purposes, subject to reyerter to the County of Hawaii upon termination or abandonment of the specific purpose or closure to the public. 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA W AI'I, that the Finance Director is hereby authorized to grant a twenty (20) year easement to Bishop Museum pursuant to Chapter 2, Article 19, Hawai'i County Code, and Section 10-11, Hawai'i County Charter, across Arthur C. Greenwell County Park, as described in Exhibit A, and that such grant of easement is subject to reversion to the County of Hawai'i upon its termination or abandonment or closure to the public. BE IT FURTHER RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) Mayor William Kenoi; (2) Nancy Crawford, Director of Finance; (3) Warren Lee, Director of Public Works; (4) Deputy Corporation Counsel Craig Masuda; and (5) Bishop Museum, 1525 Bernice Street, Honolulu, Hawai'i 96817-2704. Dated at Hila , Hawai'i, this 16th day of ,2009. Septenber INTRODUCED BY: CO~2,:;;:;;OFHAWAI'J 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 ofHawai'j on Septenber 16, 2009 . ATTEST: <~ COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE AYES NOES ABS EX ENRIQUES X FORD X GREENWELL X HOFFMANN X IKEDA X NAEOLE X ONISHI X YAGONG X I YOSHIMOTO X 9 0 0 0 Reference: C-497/PWIRC-39 229 09 RESOLUTION NO. O H1M 6m- 3m $ y / e A -eo,~OW-/~ rJ~YY, NNf V a O b {b'h l ~O~ ^ Mmf NK w . ~ N jtF` ~b O~' OJ \ bhN / x rO~P MK b ^ ° r ~ti6 z !r `ra / j! _ Atib H ^y w 1 9 w &r w rF / ~ < / mW e .y 4 \ Olyn 5ryb/ n ~ mn ~ •Or, 1^~ 7 nrj Y r/err ~sr ps / \.ZAOO W h Fd(t'~ OF ^ N Z m N1MON 3nMt Z x 3 n o W R o '$6 Q ~ LJJ r° om W 6z a W a o aW ~Y Q ` Mq aY F qj 1~ Q% a Q S - Z R ~Rp 3 < y W a Y d mmo yry. Q~ 0 v o ~mn/ ~b ~H° a LL) a tjI / • . ^ry\ 1i all ~e ~g 3 P it m Oil] 7 m~ EXHIBIT A ~P Ar Page 1 of 2 °b 4% EASEMENT1 For Access Purposes Affecting Roadway Lot and Kealakekua Park Lot Being portion of R.P. 3607 and 7533, L.C. Aw. 8452, Ap. 9 to Keohokaloie At Kealakekua South Kona, Island of Hawaii; Hawaii. Beginning at the Southwest Comer of this Easement, the Southeast comer of Roadway Lot, on the Southwest side of Kealakekua Park and on the Northeast side of Mamalahoa Highway, the coordinates of said. point of beginning referred to Government Survey Triangulation Station 'PUU OAHU' being 8,018.78 feet South and 14,483.39 feet East, thence running by azimuths measured dodcwlso from True South: 1. Along Roadway Lot on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 1700 3846' 31.37 feet; 2. 2220 1830' 7.42 feet along Roadway Lot; i 3. 1350 26' 40.08 feet; 4. 2220 18' 30' 37.02 That along Lot 55-A; 5. 3150 26' 78.50 feet; 6. Thence along a curve to the right with a radius of 20.00 feet the Chord azimuth and distance being: 3520 49' 24.29 feet; 7. 300 12' 37.80 feet; 8. Thence along the Northeast side of Mamaiahoa Highway on a curve to the left with a radius of 1940.08 feet, the chord azimuth and distance being: 1190 35' 31' 41.18 feet to the point of beginning and containing an area of 4,917 Sq. Ft.. t I P~,A. Hiq~T O 4 LICENSED PROFESSIONAL LAND ,!r SURVEYOR February 05, 2009 SOH # 080110 ?A h. Dan H iro , LPLS Licensed Professional Land Surveyor Certificate No. 10532 i EXHIBIT A Page 2 of 2 F~pel all SAM O. MROTA, INC. . tiynrerrJ~Surreynn' Ousam BaahNa SUSS1 HarAMOMA M13 Phwa (BOO) 337.071 Fac (WO) W4.6313