HomeMy WebLinkAboutRES 297 Draft 01 2008-2010COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
297 10
A RESOLUTION AUTHORIZING THE EXTENSION OF THE GRANT OF
NON - EXCLUSIVE EASEMENT FOR LIMITED PUBLIC ACCESS OVER PRIVATE
ROADWAYS FOR TEMPORARY MAMALAHOA BYPASS THROUGH HOKULI`A
PHASE I AND HALEKI`I STREET, IN THE DISTRICTS OF NORTH AND SOUTH
KONA, ISLAND, COUNTY AND STATE OF HAWAII.
WHEREAS, 1250 Oceanside Partners ( "Oceanside ") is the owner of those certain parcels
located in the Districts of North and South Kona, County and State of Hawaii, and being the
following Tax Map Key numbers:
TMK: (3) 7 -8- 010:098,
TMK: (3) 7 -9- 005:081,
TMK: (3) 7 -9- 006:038,
TMK: (3) 7- 9- 012:034,
TMK: (3) 8 -1- 035:001
TMK: (3) 8 -1- 035:004,
and
in North Kona
in North Kona
in North Kona
in North Kona
(portion), in South Kona ( Haleki'i Street)
in South Kona;
WHEREAS, the Hawaii County Council authorized the County administration to enter
into a Development Agreement with Oceanside, dated April 20, 1998, and rezoned certain of
Oceanside's lands to enable the Hokuli'a development; and
WHEREAS, as a condition of said Development Agreement and rezonings, as well as
pursuant to the Agreement for Regional Traffic Improvements dated September 16, 1999,
Oceanside is legally obligated to construct a Mamalahoa Bypass Highway through Hokuli'a,
from Ali'i Drive in Keauhou, through an intersection with an extension makai of Haleki'i Street,
and continuing to a southern connection with Mamalahoa Highway in Napo'opo'o, to relieve
serious traffic congestion on Mamalahoa Highway; and
WHEREAS, Oceanside has substantially completed Phase I of said Mamalahoa Bypass
Highway ( "Bypass Phase I "), from Keauhou going south, including the extension of Haleki'i
Street and its intersection with the Mamalahoa Highway Bypass, but due to factors such as the
injunction in Kelly, et al. v. 1250 Oceanside Partners, et al., Civil No. 00- 1- 0192K, and the
current worldwide contraction of development financing, Oceanside has not yet been able to
complete said Bypass Phase I and Haleki`i Street extension intersection to dedicable condition;
and
WHEREAS, the Hawaii County Council has worked with the County administration to
amend Oceanside's rezoning ordinances to allow for the use of the Bypass Phase I through its
intersection with the Haleki`i Street extension to Mamalahoa Highway, as a temporary
Mamalahoa Bypass on a trial basis during the hours of 3:30 to 6:30 p.m., Monday through Friday
(except holidays), conditioned on the County providing various highway safety improvements
for the affected communities; and
WHEREAS, the Hawaii County Council has, through amendment of Ordinance 08 -64,
authorized the County administration to use either an easement or dedication for said trial use of
the Phase I Bypass through Haleki`i Street; and
WHEREAS, the Hawaii County Council, through Resolution 41 -09 passed on
January 12, 2009, authorized the acceptance of the Grant of Non - Exclusive Easement For
Limited Public Access Over Private Roadways from 1250 Oceanside Partners, which a
termination date of September 4, 2009; and
WHEREAS, the Hawaii County Council, through the passage of Resolution 231 -09 on
September 2, 2009, authorized the extension of the grant of easement for limited public access
through March 4, 2010; and
WHEREAS, Oceanside has, for the benefit of the community, graciously consented to
extend the time for the proposed Grant of Non - Exclusive Easement for Limited Public Access
Over Private Roadways; and
WHEREAS, the County of Hawaii seeks to extend the grant of easement for limited
public access through September 4, 2010, as shown in the form attached hereto as Exhibit "1."
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that the Mayor is authorized to execute the Extension of Grant of Non - Exclusive
Easement For Limited Public Access Over Private Roadways, in substantially the form as set
forth as Exhibit "1" attached hereto.
2
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to:
(1) Mayor William P. Kenoi; (2) the Department of Public Works; (3) Deputy Corporation
Counsel Gerald Takase; and (4) 1250 Oceanside Partners, 76 -6831 Ali`i Drive, Suite K15,
Kailua -Kona, Hawai`i 96740.
Dated: Hilo , Hawai`i, this 3rd day of February , 2 010.
INTRODUCED BY:
a . i A. a- -1--AC
CO ' ' I EMBER C I, f TY OF HAWAI I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii ENRIOUES X
FORD X
I hereby certify that the foregoing RESOLUTION was by GREENWELL X
the vote indicated to the right hereof adopted by the COUNCIL of the HOFPMANN X
County of Hawaii on February 3, 2010
IKEDA X
NAEOLE — BEASON X
ATTEST: ONISHI X
YAGONG X
YOSHIMOTO X
Oa 9 0 0 0
I
<, ' l ! Reference: C- 68 PWIRC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 297 10
3
LAND COURT REGULAR SYSTEM
(AREA ABOVE RESERVED FOR RECORDING INFORMATION)
After Recordation, Return by ® Mail or ❑ Pick -up Phone #:
FILL IN NAME AND ADDRESS BELOW:
Office of the Corporation Counsel (GT)
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
DOCUMENT CONTAINS PAGES
TITLE OF DOCUMENT: EXTENSION OF GRANT OF NON - EXCLUSIVE
EASEMENT FOR LIMITED PUBLIC ACCESS OVER PRIVATE ROADWAYS
PARTIES TO DOCUMENT
GRANTOR: 1250 OCEANSIDE PARTNERS
78 -6831 Ali'i Drive, Suite K -15
Kailua -Kona, Hawaii 96740
GRANTEE: COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
AFFECTS TAX MAP KEYS: (3)7 -8- 010:098; 7 -9- 005:081; 7 -9- 006:038; 7- 9- 012:034:
8 -1- 035:001 (por.); and 8 -1- 035:004.
I Exhibit "1"
EXTENSION OF GRANT OF NON - EXCLUSIVE EASEMENT FOR
LIMITED PUBLIC ACCESS OVER PRIVATE ROADWAYS
THIS EXTENSION OF GRANT OF NON - EXCLUSIVE EASEMENT FOR LIMITED
PUBLIC ACCESS OVER PRIVATE ROADWAYS, made this
day of
by and between 1250 OCEANSIDE PARTNERS, a Hawaii
limited partnership, whose address is 78 -6831 Ali'i Drive, Suite K -15, Kailua -Kona, Hawaii 96740,
hereinafter called the "Grantor," and the COUNTY OF HAWAII, a municipal corporation of the
State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo,
I- Iawai'i 96720, hereinafter called the "Grantee,"
WITNESSSETH:
WHEREAS, Grantor and the Grantee entered into a Grant of Non-Exclusive Easement For
Limited Public Access Over Private Roadways, dated March 9, 2009, and recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. 2009 - 040018, for a conditional, temporary and
non- exclusive easement over portions of the Mamalahoa Highway Bypass and the Haleki`i Street
Extension; and
WHEREAS, this grant of easement ran through September 4, 2009; and
WHEREAS, by a Grant of Non - Exclusive Easement For Limited Public Access Over Private
Roadways, dated September 3, 2009, this grant of easement was extended for an additional six (6)
months, through March 4, 2010; and
WHEREAS, Grantor and the Grantee wish to further extend the easement rights set out in the
Grants of Non - Exclusive Easement for an additional period of six months.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter contained, the Grantor and Grantee hereto agree as follows:
That the term of the easement for the conditional, temporary and non - exclusive
easement over portions of the Mamalahoa Highway Bypass and the Haleki`i Street
Extension, is extended for a period of six months, through September 4, 2010, or
sooner if roadway is dedicated.
2. All other terms and conditions, other than the length of time of the agreement, remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
1250 OCEANSIDE PARTNERS
By RED HILL 1250, INC.
By
COUNTY OF HAWAII
RECOMMEND APPROVAL:
WARREN H.W. LEE
Director of Public Works
APPROVED AS TO FORM
AND LEGALITY:
GERALD TAKASE
Deputy Corporation Counsel
91
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
to me personally known, who, being by me duly sworn or
affirmed, did say that such person executed the foregoing instrument as the free act and deed of
such person, and if applicable in the capacity shown, having been duly authorized to execute such
instrument in such capacity.
Notary Public, State of Hawaii
Printed Name:
My commission expires:
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Extension of Grant of
Non - Exclusive Easement For Limited Public Access Over
Private Roadways.
Doc. Date:
No. of Pages:
Signature of Notary
Date of Notarization and
Certification Statement
Printed Name of Notary
On , before me personally appeared
or O Undated at time of notarization.
Jurisdiction: Circuit
(in which notarial act is performed)
4
STATE OF HAWAII
COUNTY OF HAWAII
SS.
On , before me personally appeared WILLIAM P. KENOL
to me personally known, who, being by me duly sworn, did say that WILLIAM P. KENOI is the
Mayor of the County of FHawai'i, a municipal corporation of the State of Hawai'i; that the seal affixed
to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing
instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor
of the County of Hawai'i by Section 5- 1.3(g) of the County Charter, County of Hawaii (2000), as
amended; and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of
said County of Hawaii.
Notary Public, State of Hawaii
Printed Name:
My commission expires:
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Extension of Grant of
Non - Exclusive Easement For Limited Public Access Over
Private Roadways.
Doc. Date: or ❑ Undated at time of notarization.
No. of Pages: Jurisdiction: Circuit
(in which notarial act is performed)
Signature of Notary Date of Notarization and
Certification Statement
Printed Name of Notary