HomeMy WebLinkAboutRES 319 Draft 01 1976-1980County of Hawaii—State of Hawaii
Resolution Nko-: 319
WHEREAS, pursuant to Chapter 2, Article 9 of the Hawaii
County Code, the County Council may dispose of real property
by granting an easement for particular purposes, subject to
reverter to the County upon termination or abandonment of
the specific purposes for which it was granted, provided
that any easement may be granted by direct negotiation and
without recourse to public auction when the sale price of
such easement is less than $1,000.00; and
WHEREAS, Marcialee L. Gomes is the owner of Lot 98, Tax
Map Key 7-3-14-25, situate at Kona Wonderview Subdivision,
Kalaoa 2nd, North Kona, Hawaii; and
WHEREAS, an underground private waterline was installed
to service said Lot 98 pursuant to Permit Number 6213 on
file with the Public Works Department, County of Hawaii; and
WHEREAS, the said owner has agreed to sell the said
Lot 98 and the buyer has arranged for FHA loan financing to
purchase said lot; and
WHEREAS, said Permit No. 6213 is not acceptable to FHA
as evidence of an easement for said private waterline; and
WHEREAS, it is a requirement for FHA approval that a
Grant of Easement be obtained by the owner from the County
of Hawaii; and
WHEREAS, the said owner has applied for the grant of a
non-exclusive easement over, through, under and across
portions of Kona Wonderview Roadway and Holu Street, wherein
is located said private waterline, said easement to run in
favor of Lot 98 and more particularly described in Exhibit A,
attached hereto and made a part hereof, in order to meet
FHA loan financing requirements; and
WHEREAS, the granting of the revocable, non-exclusive
easement will have no adverse effect on the County; and
WHEREAS, the County Council finds that the granting of
said easement would not interfere with the operation,
maintenance and repair of the County -owned right of way
hereinabove described;
� O O
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII that it directs the Finance Director of the
County of Hawaii or his authorized representative to dispose
of the easement area described in Exhibit A, by direct
negotiation and without recourse to public auction in
accordance with Chapter 2, Article 9 of the Hawaii County
Code.
BE IT FURTHER RESOLVED that the Finance Director grant
the easement area for the nominal sum of $1.00.
BE IT FINALLY RESOLVED that the Clerk of the County of
Hawaii send copies of this resolution to the Mayor, the
Director of Finance and the Chief Engineer of the County of
Hawaii.
1978.
Dated at"Kona, Hawaii, this 18th day of October
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
INTRODUCED BY:
COUNCIL MEMBER, COUNTI OF HAWAII
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.
October 18, 1978
ATTEST:
R.B. LEGASPI� *STEPHEN MASNIHO
COUNTY CLERK Chairman & residing Offieer
ROLL CALL VOTE
AYES NOES A/E
Oahlherg
x
Domingo
x
Fujii
x
Garcia
x
Kawahara
x
Lai
x
Sameshima
x
Tajiri
x
Chr. Yamashita x
9 0 0
Reference: ....C.�
M.B. No. ...
RESOLUTION
946/ PwC.. .6.8 .................
......... _..._.._..
NO. ...... 319 ...............__._._......
0
EXHIBIT A
Description of Easement
One (1) foot easement starting from Lot No. 98 of
Kona Wonderview Subdivision, North Kona, Hawaii, and
continuing makai over, through and under the Kohala
side of the Kona Wonderview Roadway for a distance of
approximately 320 feet and continuing north on the
makai side of Holu Street for a distance of approximately
140 feet for the purpose of installing, maintaining and
operating a privately -owned 1-1/2 inch and 3/4 inch water
line, same being identified by Tax Map Key No. 7-3-14,
Grant 3027 and situate at Kalaoa 2nd, North Kona, Hawaii
(formerly 7-3-03-19).
EXHIBIT A