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Home My WebLink AboutRES 113 Draft 03 1998-2000 COUNTY OF HAWA,~~, ,:..:STATE OF HAWAII RESOLUTION No. il~- RESOLUTION PRESENTING A PARTIAL, REFORMULATED PLAN OF DISPOSITION FOR THE FORMER HAMAKUA SUGAR COMPANY, INC. LANDS NOW UNDER COUNTY OWNERSHIP BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, in 1994, the Council of the County of Hawaii agreed to accept approximately 4,400 acres of land by Commissioner's Quitclaim Deed as a settlement for retroactive real property taxes among Western Farm Credit Bank, the County of Hawaii and Hamakua Sugar Company, Inc.; and WHEREAS, the Council of the County of Hawaii, pursuant to Resolution No. 196-97, adopted on January 16, 1998, requested that the Mayor develop a disposition plan for the former Hamakua Sugar Company, Inc. lands now under County ownership; and WHEREAS, on May 1, 1998, the Mayor forwarded to the Council, Resolution No. 267-98, which requested the approval of a disposition plan that proposed land exchanges with private landowners on avalue-for-value basis in order to expand or improve the Hoolulu Park Complex, Kahaluu Beach Park parking, Honolii Beach Park, and the Ahalanui Park, and to construct the proposed Kalopa Sand Gulch By-Pass Road, a new Kaiwiki water tank and the Kaiwiki Road realignment project and other lands as they may become available or may be necessary; and WHEREAS, on August 17, 1998, Council Member Dominic Yagong forwarded to the Council, Resolution No. 309-98, which requested the authorization to lease the former Hamakua Sugar Company, Inc. lands now under County ownership for diversified agriculture, eco-tourism and pastoral uses by negotiations; and WHEREAS, written and oral public testimony received by the Council supported an array of disposition methods, including sale of the County parcels, lease of County lands for a variety of purposes, exchange of County parcels for purposes proposed in Resolution No. 267-98, and sub-lease to the State of Hawaii for agricultural purposes; and WHEREAS, the Council recognized that a portion of the former Hamakua Sugar Company, Inc. lands now under County ownership, including, but not limited to the lands located at Koholalele, Paauilo, and Pohakea, should be retained under County ownership and control to ensure that certain important agricultural lands are used primarily for commercial agricultural purposes; and WHEREAS, the Council of the County of Hawaii, by Resolution No. 333-98 (Draft 2), as amended, which was adopted on October 7, 1998, requested that the Mayor reformulate a partial or total disposition plan in accordance with the provisions of Chapter 2, Article 19, Hawaii County Code, for the former Hamakua Sugar Company, Inc. lands now under County ownership. Said plan to include but is not limited to the following: 2 1. To lease or sub-lease a portion of the important agricultural lands for diversified agriculture, eco-tourism, and pastoral uses. 2. To exchange a portion of these lands on avalue-for-value basis for purposes of expanding existing County-priority parks, roads, water projects or other infrastructural systems or facilities. 3. To sell a portion of these lands. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, through its authority under Section 2-111, Hawaii County Code, that it authorizes the Finance Director or his authorized representative to dispose of the following former Hamakua Sugar Company Inc. lands now under County ownership and such other County owned lands which may be available in the following manner: 1. Tax Map Keys: 3`d/4-3-07:01 & 04, 3`d/4-3-09:02, 19 & 24, 3`d/4-7-05:01, 02, & 03, 3`d/4-7-06:10 & 20, and 3rd/4-8-03:05 [and 3`d/7-5-04:63], or so much of the properties, which are further described in Exhibit "A," as may be necessary, by land exchange, on avalue-for-value basis, for so much as may be necessary of those certain properties under private ownership which are delineated on the list labelled Exhibit "B;" provided, that should the parties fail to agree to a land exchange in accordance with the provisions of Section 2-115, Exchange of Real Property, Hawaii County Code, disposition of the above-listed properties may be initiated utilizing any other manner consistent with Chapter 2, Article 19, Real Property Disposition, Hawaii County Code[; and], subject to the following 3 a. Upon completion of the negotiations for the land exchange the Finance Director shall submit a report to the Council of the Countv of Hawaii. Said report shall include but not be limited to (I) Identification by Tax Map Kevs of the parcels being exchanged (ii) The area of the parcels being exchanged (iii) Value of the parcels being exchanged: (iv) The name or names of the appraiser or appraisers; and (v) The date of the appraisal report or reports and b. The Council of the County of Hawaii shall have the right to disapprove the negotiated land exchange provided said disapproval is adopted by the Council of the Countv of Hawaii within sixty (601 days of receipt of the aforementioned report. 2. Tax Map Keys: 3`d/4-7-06:01, 05, 06, 07 & 18, which are further described in Exhibit "C", by sale in fee simple; provided, that should there be no qualified applicants or bidders for the above-listed properties after the properties have been offered for sale for a reasonable period of time at a value determined in accordance with Section 2-117, Appraisals, Hawaii County Code, and said properties have been duly noticed in accordance with Section 2-116, Notice, Hawaii County Code, disposition of the above- listed properties may be initiated utilizing any other manner consistent with Chapter 2, Article 19, Real Property Disposition, Hawaii County Code. BE IT FURTHER RESOLVED that upon a finding by the Council that it is in the public interest authorizes the disposition of the former Hamakua Sugar 4 Company, Inc. lands now under County ownership listed in Exhibit ["A"] "C", utilizing any of the disposition methods provided for in Chapter 2, Article 19, Real Property Disposition, Hawaii County Code. BE IT FINALLY RESOLVED that a copy of this resolution be transmitted to the Honorable Stephen K. Yamashiro, Mayor of the County of Hawaii. Dated at Hilo, Hawaii this 9th day of SepteJnber , 1999. INTRODUCED BY: C~~ COUNCIL MEMBER, COU TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Aves Noes ABS EX H110, H8Wa11 ARAKAKI x CHUNG x 1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF X the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON County of Hawaii on~~}anhar Q ~ 149.Q LEITHEAD-TODD X ATTEST: PISICCHIO SMITH TYLER x ' YAGONG X 8 1 0 0 C TYC E_ CHAIRMAN&PRESIDINGOFFICER 5 Reference: C-358.006 RESOLUTION NO. 11~ 99 C DRAFT 3 ) EXHIBIT "A" Paauilo area including portions of Hauola, Paauilo, Paauilo Homesteads, 1st Series and Paauilo Homesteads, 2nd Series, Hamakua, Hawaii TMK: 4-3-07:01 57.000 ac. TMK: 4-3-07:04 148.090 ac. TMK: 4-3-09:02 51.100 ac. TMK: 4-3-09:19 110.900 ac. TMK: 4-3-09:24 169.500 ac. Sub-total 536.590 ac. Kapulena area including portions of Kapulena, Waialeale 1st, Waialeale 2nd, Waikoloa 1st, Waikoloa 2nd, Niupuka and Hanapai, Hamakua, Hawaii TNIIC: 4-7-05:01 777.940 ac. TMK: 4-7-05:02 38.570 ac. TNIIC: 4-7-05:03 1.430 ac. TMK: 4-7-06:10 164.850 ac. TMK: 4-7-06:20 5.383 ac. Sub-total 988.173 ac. Portion of Waikoekoe, Hamakua, Hawaii TMK: 4-8-03:05 660.800 ac. [Henry Street property, situate at Lanihau 1st, North Kona, Hawaii . TMx: 7-5-04:63 1.000 ac.] TOTAL [2,186.563] 2.185.563 acres, more or less EXHIBIT "B" Parcels Across the Afook-Chinen Civic Auditorium TMK: 2-2-31:10 4.466 ac. TNIIC: 2-2-31:11 5.124 ac. TM.K: 2-2-33:04 5.293 ac. Sub-Total 14.883 ac. Honolii Beach Park TMK: 2-6-26:01 2.770 ac. Sand Gulch Proiect-RS/BE TNIIC: 4-4-09:03 (Portion) Acquisition area is .9635 acres, more or less, from a 71.164 acre parcel. (Road Parcels 2 & 3) TMK: 4-4-09:08 (Portion) Acquisition area is .8164 acres, more or less, from an 8.33 acre parcel. (Road Parcel 4) TNIIt: 4-4-02:05 (Portion) Acquisition area is .5858 acres, more or less, from a 3.588 acre parcel. (Road Parcel 5) Kaiwiki Road and DWS Pump & Tank Station No. 3 TMK: 2-6-09:22 (Portion) Acquisition area is .2423 acres, more or less, for the Pump and Tank site and 4.029 acres for the Road. Alae Cemetery Expansion TNIIC: 2-6-12:18 (Portion) Acquisition area is 8.00 acres, more or less, from a 42.92 acre parcel. Kuleanas. etc. within the State-owned Honokaia lands leased to the Hamakua-North Hilo Agricultural Cooperative TMK: 4-6-03:03 30.801 acres :04 46.100 acres :07 31.160 acres :10 43.500 acres :12 1.000 acre :13 10.240 acres :15 .650 acre Sub-total 163.451 acres EXHIBIT "B" Page Z TNIIC: 4-6-04:04 5.300 acres :07 4.224 acres Sub-total 9.524 acres Parcels neat to Honaunau Rodeo Arena TNIIt: 8-4-08:01 2.30 ac. TMK: 8-4-08:03 (por.) 1.60 ac. TMK: 8-4-08:37 5.00 ac. TMK: 8-4-11:12 8.91 ac. TNIIC: 8-9-09:02 24.90 ac Sub-total 42.71 ac Parcels near the Honaunau Boat Ramv TMK: 8-4-11:06(portion) 25,000 sf TMK: 8-9-11:14(portion) 267,938 sf TMK: 8-4-12:03 10,890 sf TMK: 8-4-12:05 23,522 sf TNIIC: 8-4-12:07 6, 970 sf TMK: 8-4-12:08 7,405 sf TMK: 8-4-13:14 52.272 sf Sub-total 393,997 sf Parcel being uc_ed as a Transfer Station site TMK: 8-3-04:11 (portion) 5.OOac.+/- Other Lands as they may become available or may be necessarv Such other parcel or parcels which shall be for public purposes that may become available or that may be necessary. TOTAL 268.660 acres, more or less EXHIBIT "C" Kapulena area including portions of Malanahae, Kapoaula, Haukeo, Keahakea and Kapulena, Hamakua, Hawaii TMK: 9-7-06:01 214.000 ac. TMK: 4-7-06:05 81.400 ac. TMK: 4-7-06:06 167.700 ac. TMK: 9-7-06:07 61.250 ac. TMK: 4-7-06:18 227.284 ac. TOTAL 751.634 acres, more or less