The URL can be used to link to this page

Home My WebLink AboutRES 275 Draft 01 2008-2010 COUNTY OF HAWAI'I STATE OF HAWAI'I RESOLUTION NO. 275 09 , I RESOLUTION AUTHORIZING THE GRANT OF EASEMENT FOR AC~ESS PURPOSES AFFECTING 753 AINAKO AVENUE, DISTRICT OF SOUTH HILO, ISLAND OF HAW AI'I TO HOWARD M. HIGASHI AND DONNA L. DODD. I I I BE IT RESOL YED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: I i WHEREAS, the County of Hawai'i is the owner of that certain flag lot Ibcated at 753 I Ainako Avenue, Distnct of South Hilo, County and State of HawaI'I, Tax Map ~ey I (3 )2-5-023-005, as more partIcularly described m Exhibit "A" and being the dri~eway between I Tax Map Keys (3)2-5-023-004 and Tax Map Key (3)2-5-023-006, as delineatedion Exhibit "8" i attached hereto; and I WHEREAS, the County's parcel is used by the Department of Water Supply as a water tank site; WHEREAS, the County's driveway abuts the neighboring parcel's driveway (Tax Map Key (3)2-5-023-004); and WHEREAS, the abutting parcel at 761 Amako Avenue, Tax Map Key (3 )2-5-023-006, is owned by Howard M. Higashi and Donna L. Dodd, who purchased the parcel from the Albert S. NIshimura Trust and the Tatsuko NishImura Trust, and who have used the County's driveway since the 1950's; and WHEREAS, Eugene NishImura, as Trustee qfthe Albert S. NIshImura Trust and the Tatsuko Nishimura 1 rust, Howard M. Higashi and Donna L. Dodd have requested an easement be granted to use the County's driveway to access the property at 761 Ainako Avenue and legitimize their use; and WHEREAS, the Department of Water Supply approves of the granting of this easement with a no-access restrictIOn along the roadway frontage of the Higashi and Dodd parcel, exclusive of driveway dccess points; and WHEREAS. SectiOn 2-11 j of the Hawai'I County Code authonzes the CounCIl, by resolution approved by a maJonty, to direct the finance dIrector to grant easeme~ts trom the I County ofHawai'i, subject, however, to reverSIOn to the County ofHawai'i upop tenninatlon or abandonment of the easements for the specific purposes for ,,,,hleh they were granted. 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA W AI'I, in accordance with SectIOn 2-111 of the Hawai'i County Code, that it hereby authorizes the director of finance to grant an easement for access purposes to Howard M. Higashi and Donna L. Dodd, their respective heirs, devisees, personal representatives, successors and assigns, as described and delineated in Exhibits "A" and "B" attached hereto, until termination or abandonment of that specific purpose; subject to the following: 1) Howard M. Higashi and Donna L. Dodd to pay all costs of surveying and appraisal; 2) market value to be detemlined by appraisal; and 3) County ofHawai'i to select the appraiser. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Nancy E. Crawford, Director of Finance; (3) Milton Pavao, Manager of the Department of Water Supply: (4) Deputy Corporation Counsel Craig T. Masuda; (5) Howard M. HigashI, 2113 KIlauea A\-enue, Hilo, Hawai'i 96720; (6) Donna L. Dodd, 2113 KIlauea Avenue, Hilo, Hawai'i 96720; and (7) Eugene Nishimura, Trustee of the Albert Nishimura Trust and Tatsuko Nishimura Trust. Dated at ___.lIilo____, Hawai'i, this ~nd___ day of Dec~ ,2009. INTRODUCED BY: C COUNTY COUNCIL County ofHawai'i Hilo, Hawai'i K1 J- ~ ROLL CALL VOTE ____ ! A. YES I NOES I~BS i EX -:1 ENRIQUES . X : i I FORD ! > t=j I -:-------1 roREENWI:LL-----r- i--X-:-i r- ------1----- -t---- I -j i HOFFMANN I X I t' I I I ------j ,IKEDA _ X +-----t--------J NAEOL~____t X 1---+ __ ______~ ~NISHI _ ---r--X- ---+------1------- __ ~ ~~~~~I:~;TO ---1 ~ +-t -i------0- -- --- -j ~---------t--8- --o-r--Tj- 0---: L ________ _______--1______ ___ _l____L __ ___ _ . r hereby certify that the foregomg RESOLL TION was by the vote mdtc.ated to the rIght hereof adopted by the COUNCIL of the County of Hawal'l on___~~ber 2, 2009 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER Reference __ _________<;-_(>18LJCW!~=6Q_______ _____un RESOLUTION NO. _ ____2_15__0_9__ __ ___m__ ___ __ __ 2 DESCRIPTION EASEMENT ., A" FOR ACCESS PURPOSES All of that certain parcel ofJand being a portion of Lot 7, Block 19, File Plan 427 of the "Ainako Subdivision, Series2" At Punahoa IS" South Hila, Island and Coooty ofHawai'i, State of Hawai>i. Beginning at the Northwest comer of this casement parcel of land. along the Southerly side of Ainako A venue, the coordinates of said point of beginning referred to Government Survey Triangulation Station "BALAI" being 2,822.40 feet South and 8,9] 2.33 feet West and running by azimuths measured cl~ckwise from True South: 1. 249" 05' 12.00 feet along the southerly side of Ainako Avenue; 2. 339" 05' 120.00 feet wong Lot 6, Block 19. File Plan 427~ 3. 69' 05' 12.00 feet along the remainder of Lot 7; 4. 159. OS' ] 20.00 feet along Lot 8, Block 19, File Plan 427 to the point of beginning and containing an area of 1,440 Square Feet, more or less. Engineering Division Department of Water Supply County of Hawaj'i June 2008. Hilo. Hawaii TMK: (3) 2-5-023: Portion 005 Exhibit A 't- o ~. ~ ...." ..., \ 0$".. ) / ~o l'4 r- ' p..1 .-' ../"'---- .- 'f tJ ...rJA \..0 02~'v- ~.. .".-tj(.;~" ~ ~ D! II ~ ~ ~ ~ ~ l..01' 1 ~, f1". d,p~ ~ ,..- ~ ~- "," fo.1AP SHOi'VINtS EASEfvfENT '~" FOI< ACCESS OPURPOSES SEfN6 A .~ORTlON OF LOT " BLOC I< fct. FILe PLAN 427 OF T1-/E "AINAI<O SlJEJt:'JVJSION, SERIES;}" Ai P[)NAHOA 1ST. SOtJTH HILO. ISLANO OF HAY'YAJI, HAY'fA,j TAX MAP Key; (tJ) 2-S..,02~: .OO!5 FOR nON :50 ~ 0 50 100 ~. I 5(:.A&.e !!'oi ~~ '""'5 l"Ia~/I; ""II p~tJp(J~"a 1:>,. m., a~ lJf'ldef' I!'t!j df"'ee~ ",pffrV;:J.o.-: ~ ~""'"'" te''''""'" ~ ,...- c;()IMn' ()f' IW'WI Sl.6M'~ 0'" .'~_ A~ .PjJ,/or __17A~ ~ Exhibit B r ('- \fJ . '~~ l.:l...~,ed p;oOFtI, siarro' :'01"<::1 ~"'''e~c:'' C.e tlh:.ote 1ooaJ.. ,.. 1564 ex ;otlf> Apr-i: 30. :lO:Q ...-ovr:t) IS'"