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HomeMy WebLinkAboutRES 349 Draft 01 2008-2010 •' tV Js H ''. COUNTY OF HAWAII : •f 4" ' 1.: STATE OF HAWAII RESOLUTION NO. 349 10 RESOLUTION AUTHORIZING THE ABANDONMENT AND EXCHANGE OF ROAD REMNANT "A" FOR LOT 3B -5, SITUATE AT AHUALOA HOMESTEADS, DISTRICT OF HAMAKUA, ISLAND AND COUNTY OF HAW/WI, STATE OF HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I. WHEREAS, the Mamalahoa Highway in Ahualoa (outlined in yellow on Exhibit "1" attached), is owned and maintained by the County of Hawai`i; and WHEREAS, a portion of the existing Mamalahoa Highway, identified as Lot 3B -5 (outlined in green on Exhibit "1" attached), containing an area of 0.374 acre, wanders outside of the government road right -of -way and encroaches into properties currently owned by Josephine Andrade, Trustee (Tax Map Keys: (3)4 -6- 007:062 and 093; and WHEREAS, a portion of the Mamalahoa Highway, identified as Remnant "A" (outlined in blue on Exhibit "1" attached), containing an area of 9,487 square feet or 0.218 acre, is not in use because of the present alignment; and WHEREAS, the property abutting Remnant "A" to the south, identified as Lot 3B -6, is owned by Josephine Andrade; and WHEREAS, the County of Hawaii notified Charles and Margaret Webster, the owners of Lot 36, Tax Map Key: (3)4 -6- 007:002, which also abuts Remnant "A," to provide them an opportunity to express their interest in Remnant "A" but received no response; and WHEREAS, to correct this encroachment, Josephine Andrade is willing to exchange those portions of her property over which the Mamalahoa Highway now lies upon, identified as Lot 3B -5, with Remnant "A ": and WHEREAS, the abandonment and exchange is advantageous to the County of Hawai`i in that it is the current alignment of the paved roadway; and WHEREAS, all roadways, once established, continue until vacated, closed, abandoned or discontinued by resolution of the Council; and WHEREAS, the County of Hawai`i finds that the portion of the Mamalahoa Highway designated as Remnant "A" on the attached map is economically and physically unsuitable for development or utilization as a separate unity by reason of its location, size and shape, and by definition is a remnant in accordance with Section 2 -110, Definitions, Hawai`i County Code; and WHEREAS, Section 2-111 of the Hawai`i County Code permits the exchange of real property for private property, and Section 2-118, Hawai`i County Code, allows for the disposal of remnant parcels; and • WHEREAS, the exchange of real property, while not equal in size, is advantageous to the County of Hawai`i in that it is the current alignment of the Mamalahoa Highway in Ahualoa and will provide a better and safe road design. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that Remnant "A" is declared to be abandoned and otherwise discontinued as a right -of -way and is hereby declared a remnant as set forth in Section 2-110, Hawaii County Code, and pursuant to Sections 2-115 and 2-118, authorizes the disposal by exchange of Remnant "A" to Josephine Andrade and the acceptance of Lot 3B -5 from Josephine Andrade. BE IT FURTHER RESOLVED that a copy of this resolution and letter of appreciation be sent to (1) Josephine Andrade, P.O. Box 3013, Honokaa, Hawai`i 96727; and that copies of this resolution be also provided to (2) Mayor William P. Kenoi; (3) Director of Public Works Warren H.W. Lee; and (4) Deputy Corporation Counsel Gerald Takase. Dated at Kona , Hawai`i, this 8th day of July , 2010. INTRODUCED BY: A c 75 NC I MEMBER, 6 TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i ENRIQUES 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 HOFFMANN X County of Hawaii on July 8, 2010 IKEDA X NAEOLE - BEASON X ATTEST: ONISHI X YAGONG X YOSHIMOTO X 9 0 0 0 '— RE Reference: C- 836 /PWIRC -77 COUNTY CLERK CHAIRPERSO RESIDING OFFICER RESOLUTION NO. 349 10 __ VICINITY MAP , t , f , No n )------------ (Not to Scale) srp �E? a sscow ` 4- z LOT 3B -4 4 Josephine Andrade Trust HAtlyki e Q v lr Owner AC ROAD 'A NA IT 3,427.43 S / r • ROAD 3,427 , /� �". WAY 7 157.24 W OA HIGH t "Kaao" LN µAMALAH i —p' O\-D � Kr o o A -46' ° HOMESTEADS 6� `� '' • G "q� oar, .(``v°, i" = /Et B JA 0 ,_ -...- , - osep rxr e pv+ ne ( et LICENSED / /l / e c il PROFESSIONAL /7 / A"") ." "" c LAND N o ro SIJ f. D 6 Z O `.' Et / i a . 1 � e � ° $' Z q ° o y M01858 & , 4 r Si''. S �Q r o f � t o �o 0 This work was prepared by me 4J 2 0 or under my sup - 'elan. / /\ / ' ----' � o „...„____ g ......\--,, ___ _-- ' N 0)** W ------"' i5M5Nt � L Vi ' . Q ,v • 5 s � � . �. s, o A- tae) ..--- ° ` Jr 0 7/ �A. m o i fee - / / O. O cXt5 l2 / � �� \ \ % co 0 r. i - _-- -... -4,.. , , _ • \ R. ` ,`� .•., ih _ �` '....\:. � ^ � -)..$ 4' 00' a n Andrade Trust ` "�ry Joseph 18.20 C. Owner \°•;. _ A i N *4' '. 0 ENGINEERING DIVISION DEPARTMENT OF PUBUC WORKS COUNTY OF HAWAII SUBMITTED BY: ABANDONMENT OF A PORTION OF GOVERNMENT ROAD 6 . ‘" - 7 .14- P l-------- DATE ,5-//i /Z -40i0 DIVISION CHIEF ROAD REMNANT "A" APPRO :10 BY: 1 / '0 ` Being a portion of Ahualoa Homesteads V DATE � ��� Ahualoa, Hamakua, Island- of Hawaii, Hawaii DIRECTOR PLAN BY: T. Jackson I DRAWN BY: T. Jackson'DATE: 5/18/2010 Tax Map Key: (3rd Div.) 4 -6 -7 - - 1/ ,r Lv!%//' /J L