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HomeMy WebLinkAboutRES 054 Draft 01 1972-1976 /' ~: ~ ~ . r l) o County of Hawaii-State of Hawaii Resolution N~.". 54 RELATING TO THE PERHANENT IHPROVm.1ENTS OF HILO COUNTRY CLUB ESTATES, KAUMANA, HAWAII, ACCEPTING AND ADOPTING THE PETITION AND THE REPORT OF THE CHIEF ENGINEER THEREFOR, FINDING THAT APPROVAL AND HAKING OF PROPOSED IHPROVE~lliNTS IS IN PUBLIC INTEREST, PROPOSING TO HAKE SAID It~ROVEMENTS, ORDERING REIMBURSEHENT OF PETITIONER FOR CERTAIN COSTS, PROVIDING FOR RESERVE FUND, DETER- MINING THAT NOTICES AND HEARINGS SHALL BE UNNECESSARY, CREATING, DEFINING AND ESTABLISHING "IMPROVEMENT DISTRICT NO. 15 - WILDER ROAD IMPROVEMENT", KAUMANA, COUNTY OF llAWAII, AND PROVIDING FOR THE IMPROVE~mNT THEREOF, AND DIRECTING THE CHIEF ENGINEER TO PREPARE A FINAL REPORT. WHEREAS, on December 29, 1972, a petition was filed and on March 23, 1973, an amendment to the petition was filed with the County Council of the County of Hawaii in accordance with the provisions of section 3.4, Ordinance No. 350, as amended, which petition, as amended, is duly acknowledged by the owners of one hundred percent of the area of land designated in said petition as a proposed improvement district (there being no lessees of any of said land who, by the express terms of the lease, must pay the kind of assessment contemplated by said Ordinance No. 350, as amended) and requests construction of the special improve- ments hereinafter described and contains the surveys, maps, plans and other preliminary data and estimates mentioned in section 3.1 of said Ordinance No. 350, as amended, in the case of a proceed- ing initiated by this Council, and the final plans and specifica- tions, preliminary assessment roll, description of properties to be assessed and a list of all known owners, lessees and occupants of the land situate within the proposed improvement district men- tioned in sections 3.5 and 3.8 of said Ordinance No. 350, as amended, together with the express consent of said owners of one '.~ -. o o hundred percent as aforesaid to the amount and apportionment of the proposed assessments for said improvements, as set forth in said petition, all of vlhich are in the manner, form and detail as required by law; and tVREREAS, said section 3.4 provides that this Council shall proceed on said petition in the same manner as though the plan for such improvements had been initiated on its own motion, excepting that notices of hearing as provided in section 3.1 of said Ordinance No. 350, as amended, shall be unnecessary and section 3.2 of said ordinance shall be inapplicable, and further provides that in the case of written consent of owners of one hundred percent as aforesaid to the amount and apportionment of the proposed assessments. for said improvements the notice and hearing specified by section 3.8 of said Ordinance No. 350, as amended, shall be unnecessary and the Council may inunediately proceed to fix the assessments in the manner provided by section 4.1 of said ordinance; and tVREREAS, the Chief Engineer of the Department of Public Works, to whom said petition was duly referred by Resolution No. 47, has submitted to this Council a report dated April 10. 1973 ,filed with'the Clerk of the County of Hawaii showing his approval of said petition as containing the data required by section 3.1 of said Ordinance No. 350, as amended; and ~mEREAS, said Petition, report of said Chief Engineer, and plans and specifications for said improvements have been fully considered by this Council, and in the opinion of this Council said improvements are desirable and should be made; and -2- RESOLUTION NO. 54 . , o o NOW, THEREFORE. BE IT RESOLVED BY THE COUNTY COUNCIL of the County of Hawaii as follows: I. That said petition, as amended, is hereby accepted and adopted and said report of the said Chief Engineer is hereby approved, adopted and ratified, subject to such alterations, modifications and amendments as may hereafter be adopted accord- ing to law. II. That it is hereby determined and found that the appraised value of the land to be improved and included in said proposed improvement district, a~praised in accordance with prevailing standards of appraisal now used by banks for loan purposes thereon, is twice the estimated cost of the proposed improvements, and that approval and making of said improvements is in the public interest. III. That the improvements proposed to be made and constructed consist of (a) the opening and/or extension and widening of and the construction of a street to provide ingress and egress to and from Hilo Country Club Estates, including street grading, base course and asphalt pavement, necessary drainage and bridge, and (b) a water reservoir system, including an access road thereto, and a water distribution main to s~rve the portion of Hilo Country Club Estates within proposed Zone 1, as hereinafter referred to and described, and (c) all appurtenant and incidental work required to compl~te said improvements; that the plans, specifications and estimates therefore as contained in said petition (including the exhibits made a part thereof), as amended, be and the same are -3- RESOLUTION NO. 541 . , o o hereby approved and adopted subject to such alterations and amend- ments as shall be hereafter adopted in accordance "dth law, all of which are hereby incorporated herein and made a part hereof by reference; and that the making of said improvements is hereby proposed. IV. That the boundaries of the proposed improvement district are as hereinafter legally described and as shown on Exhibit II, as amended, of said petition, as amended, which is hereby incor- porated herein and made a part hereof by reference. V. That lands to be acquired for said improvements consist of street rights-of-way, easement for drainage, reservoir site and easement for the reservoir access road and water main as shown on Exhibit III of said petition. VI. That the cost of the preliminary engineering, surveys, maps, drawings and other data requisite to said petition, the estimate therefor as stated in said petition being $41,594.00, shall be deeme~ part of the cost of said improvements, if such cost is not in excess of said estimate; and that such cost shall be reimbursed to the petitioner, Gentry-Hawaiiana Joint Venture, when funds therefor are available from the proceeds of improve- ment bonds issued for said proposed improvement district. VII. That it is proposed to permit owners to pay assessments, if they elect to pay same in installments, in not less than fifteen annual installments, and that a premium of four percent (4%). of the unpaid principal balance be required to be paid upon advance payment of such installments; and that the maximum term -4- RESOLUTION NO. 54 o o of the assessment bonds to be issued to represent such unpaid installments shall be fifteen (15) years, at a maximum rate of interest of eight percent (8%), and that a premium of four per- cent (4%) of the unpaid principal be required to be paid upon call and redemption of any such bond prior to its maturity. VIII. That a reserve fund shall be established, as additional security for the payment of principal and interest on said as- sessment bonds, in the sum of $64,200.00; and that there shall be added to said reserve fund any unexpended moneys, from the proceeds of the bonds and of assessments paid within the thirty- day period provided in section 4.3 of said Ordinance No. 350, as amended, which remain after completion and acceptance of said improvements and payment of all costs and expenses therefor. IX. That pursuant to section 3.4 of said Ordinance No. 350, as amended, neither notices of nor hearing upon said proposed im- provements, as provided by sections 3.1 and 3.2 of said ordinance, shall be necessary and such notices shall not be given and said hearing shall not be held, and the proposed improvements shall be made substantially as proposed and as set forth in said peti- tion, including the Exhibits thereto, as amended without material alteration in the general character or plan thereof and without increasing the maximum estimated units of assessments (except as may hereafter be consented to in writing by the owners of one hundred percent as aforesaid). X. IMPROVEMENT DISTRICT That the proposed Improvement District for Hilo Country -5- RESOLUTION NO. 54 o o Club Estates, Kaumana, County and State of Hawaii, is here- by created, defined and established as "IMPROVEMENT DISTRICT NO. - WILDER ROAD IMPROVEMENTS," the limits and extent of which, and the area to be assessed being hereby more particularly created, defined, established and legally des- cribed as follows: Being portions of R. P. 5706, L. C. Aw. 852l-B, Apana 2 to G. D. Hueu, Grant 4074 to H. C. Hitchcock, Grant 10401 to Shigeo Masuya, Grant 10402 to Miss Sumiko Nagata, Grant 11885 to Takeshi Komatsu, Grant 13081 to Shigeo Masuya, Grant 10769 to Shigeo Abe and Grant 10416 to Hideo Fujisawa. Situated at Kukuau 2nd. and Kaumana, South Hilo, Hawaii, Hawaii. Beginning at the north corner of this parcel of land and on the southerly boundary of Uluhe Road, the coordi- nates of said point of beginning referred to Government Survey Triangulation Station "KAUMANA" being 654.82 feet South and 2,312.86 feet West, thence running by azimuths measured clockwise from True South: 1. 3160 10' 2. 2960 51' 246.88 feet along Government Land (Kaumana House Lots); 589.00 feet along Government Land (Kaumana House Lots and Ponahawai House Lots); 3. 3180 06' 411.47 feet along Government Land (Ponahawai House Lots); 205.13 feet along a 20 Foot Roadway, along the remainder of R. P. 5706, L. C. Aw. 852l-B to G. D. Hueu; 597.09 feet along the remainder of R. P. 5706, L. C. Aw. 852l-B to G. D. Hueu; 307.00 feet along same; 747.00 feet along same; 307.00 feet along same; 127.19 feet along same; 4. 280 19' 5. 900 00' 6. 3600 00' 7. 2700 00' 8. 1800 00' 9. 900 00' 10. 2080 19' 187.15 feet along same, along the east side of a 20 Foot Roadway; 11. 3180 06' 152.27 feet along Government Land (Ponahawai House Lots); -6- RESOLUTION NO. 54 o o 12. 2610 32' 304.00 feet along same; 13. 2170 32' 287.43 feet along same; Thence along the remain- der of Kukuau 2nd, R. P. 5706, L. C. Aw. 8521-B, Apana 2 to G. D. Hueu for the next sixteen (16) courses, the direct azimuths and distances between points being: 14. 3340 43' 170.56 feet; 15. 3510 29' 78.85 feet; 16. 3350 25' 130.65 feet; 17. 3290 34' 135.20 feet; 18. 3400 08' 30" 173.35 feet; 19. 3450 12' 113.33 feet; 20. 3320 23' 139.95 feet; 21. 3590 42' 114.98 feet; 22. 3410 31' 51. 90 feet; 23. 3300 01' 209.65 feet; 24. 3090 00' 142.16 feet; 25. 3140 06' 107.30 feet; 26. 3270 09' 111.42 feet; 27. 3350 16' 132.37 feet; 28. 3310 51' 30" 437.97 feet; 29. 3160 56' 30" 178.70 feet to the boundary between the lands of Kukuau First and Kukuau Second; 30. 570 54' 388.23 feet along Kukuau 1st, along Land Court Application No. 1205; ~1. 670 55' 9,853.45 feet along same; 32. 1800 00' 1,393.07 feet along the remainder of Kukuau 2nd; -7- RESOLUTION NO. 54 o o 33. 2700 00' 3,110.92 feet along same; 34. 1800 00' 1,612.11 feet along the east side of a Roadway; 35. 2700 00' 2,259.00 feet along Kaumana Homesteads; 36. 3600 00' 280.00 feet; 37. 2700 00' 190.00 feet; 38. 1800 00' 280.00 feet along the west side of Wilder Road; 39. 2700 00' 86.86 feet; 40. 1780 25' 1,887.56 feet along Lot 7 of File Plan 1257; 41. 2700 00' 195.02 feet; 42. 1800 00' 159.65 feet; 43. 2700 00' 35.45 feet; 44. 1800 00' 151.12 feet; 45. 900 00' 9.54 feet; 46. 1800 00' 140.00 feet; 47. 900 00' 183.37 feet; 48. 1780 25' 62.52 feet; 49. 1600 37' 20" 65.44 feet; 50. 2680 25' 236.89 feet along the remainder of R. P. 5706, L. C. Aw. 8521-B to G. D. Hueu; 51. '1780 25' 183.88 feet along same; 52. 880 25' 30.00 feet along same; 53. 1720 28' 99.90 feet along same; 54. 2710 04' 106.35 feet along same; 55. 2560 45' 445.30 feet along same; 56. 2570 OS' 589.75 feet along same; 57. 1600 30' 387.33 feet along same; -8- -, ,^ o 58. 1800 00' /' o 269.68 feet along same to the point of beginning and contain- ing a Gross Area of 14,941,346 Square Feet and a Net Area of 14,657,045 Square Feet after excluding the area within Wilder Road (Lots 7, 102 and 107) and the area within the roads in Hi10 Country Club Estates, Unit 1 (Lot 103), the area within the Water Reservoir site (Lot 106). -9- ~,~..",...,...,~ ......._ . _._............____ ._""'.......""__"'..~._ .____.,.,._...,.,...~~~,. ...__.____, .,_..... __~e.'......._.__._,,_.,,__,,~__"'.".,__..'-.~ ....,_.-~_.___~__".......,._......~._...,_~_._.,,~...,_ ....___,,--,~___.__. o o XI. CHARACTER, EXTENT AND GENERAL DETAILS OF THE PROPOSED IMPROVEMENTS AND MATERIALS TO BE USED DEFINED A. That the general character, extent and general details of the proposed improvements and materials to be used, for which the final plans and specifications are approved and adopted by this resolution, are hereby described and defined as follows: \ 1. STREET - GRADING. Wilder Road from Kaumana Drive to the southerly boundary of Hilo Country Club Estates shall be graded to the width, grade and cross-section as shown in the final plans and specifications. 2. STREET - PAVEMENT. The new pavement shall consist of 2 inch thick asphaltic concrete surfacing on a 4 inch thick crusher run base course and a 12 inch thick select "aa" or gravel sub-base course. 3. STREET - ROAD SHOULDERS. Along both sides of the road pavement a minimum 10 feet wide road shoulder of select "aa" shall be placed and rolled and shall conform to the established grades and lines. 4. DRAINAGE. Drainage facilities shall be by drainage swale or ditch section as part of the road prism. Culverts shall be provided, where needed, and shall be constructed as shown on said final plans and specifications. A major drainage facility consisting of 2 96-inch corrugated metal pipe culvert with re- inforced concrete transitions upstream and downstream channel- ization, chain link fencing and metal beam guard rails shall be constructed. -10- RESOLUTION NO. 54 .....-_..--.._~_-_~_.__...._.-__.._.._.,.c,~.,..~...... .__,'__'__ o !') ""--./ 5. WATER SYSTEM. Reinforced concrete water re'servoir, with a capacity of 300,000 gallons, located on Lot 106 as shown on ~he assessment map attached to the petition as Exhibit II, " and a 12 inch influent and effluent transmission main extending southerly and easterly from said reservoir to Wilder Road, said reservoir and main to be constructed as shown on said final plans and specifications. 6. WATER SYSTEM - ACCESS ROAD. A twenty feet wide road with 2 inch thick asphaltic concrete surfacing on a 4 inch thick crusher run base course and a 12 inch thick sub-base course of select "aa" or gravel shall be constructed on an access road from the water reservoir site to Wilder Road. B. That the general details of the proposed improvements' shall be substantially as set forth in said final plans and speci- fications (incorporated herein by reference), providing that minor alterations and changes in work or materials may be made in the details of any part or parts of said improvements as shall, in the judgment of the Chief Engineer, seem necessary or advisable to complete the same in an efficient and satisfactory manner and without materially altering the general character or plan of said improvements and otherwise consistent with the terms of this resolution and subj ect always to the approval' of this Council.. XII. LAND TO BE ACQUIRED The lands required for road and utility purposes are des- cribed in Exhibit II attached to the Amendment to Petiti:on dated March 23, 1973, and filed with the County Clerk which Exhibit is incorporated herein by reference as if fully set forth herein. -11- RESOLUTION NO. 54 v o o XI I 1. PORTION OF COST TO BE BORNE BY THE COUNTY OF HAWAII AND THE DEPARTMENT OF WATER SUPPLY That the County of Hawaii and the Department of Water Supply shall bear none of the cost of said improvements. XIV. METHOD OF ASSESSMENT That the entire cost of the improvements within and for "IMPROVEMENT DISTRICT NO. 15 - WILDER ROAD IMPROVEMENTS" shall be provided by assessment on an area basis according to the area of and against all of the assessable lands within the limits of the hereinabove described improvement district. Assessable lands within said improvement district shall include the following zones: Zone 1 - land specially benefited by all improvements (Lots 1 - 6, 8 - 101, and 104) Zone 2 - land specially benefited by street improvements only (Lots 105 and 108) The specific parcels of land included in each of said zones are as set forth and shown in said petition and the Exhibits thereto. Property in Zone 1 shall be assessed for both the water and street improvements and property in Zone 2 shall be assessed for the street improvement only. The maximum unit of assessment against property in each of said zones is as follows: Zone 1 Zone 2 $ 0.0905004 per sq. ft. $ 0.0426126 per sq. ft. XV. That pursuant to section 3.4 of said Ordinance No. 350, as amended, the notice and hearing specified by section 3.8 of said ordinance shall not be necessary and such notice shall not be given and said hearing shall not be held, and this Council shall -12- RESOLUTION NO. . 54 --~~-- G "'- 'j , \j .if'\. ,/ 'I' ~) immediately proceed to fix the assessments in the manner provided by section 4.1 of said ordinance. xv. FINAL REPORT The Chief Engineer be and hereby is directed to prepare a corrected map of the improvement district showing the roads and other special improvements to be constructed or improved, as the case may be, and showing the exact location of the improvements, together with final details, plans and specifications for the work; all in such form as will readily permit and encourage genuine competition between contractors. DATED at Hi1o, Hawaii, this 18th day of April 1973. INTRODUCED BY: -13- ~ ROll CAll VOTE COUNTY COUNCil of AYES NOES AlE County Hawaii Carpenter X Hilo, Hawaii De luz X Farias X I hereby certify that the foregoing RESOLUTION wag by the vote indicated to X Fujii the right hereof adopted by the COUNCIL of the County of Hawaiian. Hisaoka A April 18, 1973 Kawahara '^ ..............-.---.----.....-.-......--....----..-..---....---.....--.-.-..---.. Matayoshi X ATTEST: Yadao X Chr. Yamada X w-m.~ /j .1. .~ Reference: .....g.~..5.4 .3 jPwc- Robert M. Ya da ........... .................................... Tadoshi Suzuki CHAIRMAN & p~ SIDING OFFICER 17/ COUI'-ITY CLERK MB. No. ............................................................... RESOLUTION NO. 54 ............................. ................. HPl.