HomeMy WebLinkAboutRES 377 Draft 01 2008-2010OFFICE INFORMATION ONLY
Meeting: January 20, 2011 — Council Meeting (4"' Session)
Action: Close File — January 20, 2011 - Resolution 377-10 (2008-2010)
Re: Resolution 377-10/C-901/FC-19
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 377 10
RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF THE
OLD HOMESTEAD ROAD IN KA`U (ALSO KNOWN AS KAMA`OA ROAD), AND
SALE OF REMNANT.
WHEREAS, a segment of the roadway identified as the "Old Homestead Road," from
the intersection of South Point Road and extending westward to its terminus, (also known as
Kama`oa Road), at Kama`oa-Pu`u`eo, Ka`u, Hawaii, that is adjacent to Tax Map Key:
(3) 9-3-001 (see Exhibit "A"), has been gated for many years to deter crop theft and cattle
rustling and serves as an access for the following seven adjacent properties:
and
1. Tax Map Key: (3)9-3-001:006
2. Tax Map Key: (3)9-3-003:008
3. Tax Map Key: (3)9-3-003:009
4. Tax Map Key: (3)9-3-003:071
5. Tax Map Key: (3)9-3-004:001
6. Tax Map Key: (3)9-3-004:010
7. Tax Map Key: (3)9-3-005:001;
WHEREAS, available evidence indicates that this road was an old homestead road; and
WHEREAS, title to such road has become vested in the government under the doctrine
of the Application of Kelley, 50 Haw. 567 (1968); and
WHEREAS, this road is not under the jurisdiction of the State Department of
"Transportation and, is therefore a County highway pursuant to Hawaii Revised Statutes Section
264-1; and
WHEREAS, although listed as an old homestead road, the road has served only as
access for the adjacent landowners; and
WHEREAS, due to their ranch and farm operations, the adjacent landowners would like
to gate the roadway to deter poaching and trespassing; and
WHEREAS, some of the adjacent landowners have approached the County of Hawaii
to purchase this roadway, assume control and maintenance responsibilities for such roadway,
and provide access to all adjoining lots along the roadway; and
WHEREAS, Section 264-1, subsection (d) of the Hawaii Revised Statutes provides in
part that all County highways once established, continue until vacated, closed, abandoned. or
discontinued by resolution of the Council; and
WHEREAS, Section 2-114 through and including Section 2-120 of the Hawaii County
Code authorize the disposal of remnant roadways by sale, exchange, and/or lease; and
WHEREAS, it is in the public's best interest for the County of Hawaii to allow the
abandonment and sale of the Old Homestead Road (also known as Kamd'oa Road); now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, the
"Old Homestead Road," from the intersection of South Point Road and extending westward to
its terminus, (also known as Kamd`oa Road), at Kamd`oa-Pu`u`eo, Ka`u, Hawaii, that is
adjacent to Tax Map Key: (3) 9-3-001 (see Exhibit "A"), is hereby abandoned and discontinued
as a County highway, and may be sold to the adjoining landowners as a remnant.
BE IT FURTHER RESOLVED that the County Clerk shall transmit a copy of this
resolution to: (1) the Honorable Mayor William P. Kenoi; (2) the Director of the Department of
Public Works, Warren H.W. Lee; (3) Deputy Corporation Counsel, Gerald Takase;
(4) (i.) Kamehameha Schools/Bishop Estate Trustees, P.O. Box 3466, Honolulu, HI 96801, (ii.)
Francis Hind, P.O. Box 1149, Kailua-Kona, HI 96745, and (iii.) Kamakani Danci178-6831 Alii
Drive, Suite 234, Kailua-Kona, HI 96745; (5) Andrea and John Satkofsky, P.O. Box 801
Na`alehu, HI 96772; (6) Julie and Teri Nguyen, P.O. Box 503, Na`alehu, HI 96772; (7) .Jeanette
and Dean Kaniho, P.O. Box 87, Na`alehu, HI 96772; (8) (i.) Kamehameha Schools/Bishop
Estate Trustees, P.O. Box 3466, Honolulu, HI 96801, (ii.) Francis Hind, P.O. Box 1149, Kailua-
Kona, HI 96745, and (iii.) Kamakani Dancil, 78-6831 Alii Drive, Suite 234, Kailua-Kona, HI
96745; (9) David Rudacille and Carol Zimmerman, P.O. Box 445, Na`alehu, HI 96772; and
2
(10) (i.) Charles Ensey, P.O. Box 47, Papaikou, HI 96781 and (ii.) Monika Mallick, 9400 Culver
Blvd., Culver City, CA 90232.
Dated at
County of Hawaii
Hilo, Hawaii
Hawaii, this day of
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST
INTRODUCED BY:
2010.
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
1
AYES NOES ABS EX
ENRIQUES
FORD
GREENWELL
HOFFMANN
IKEDA
NAEOLE-BEASON
ONISHI
YAGONG
YOSHIMOTO
Reference: C-901/FC
RESOLUTION NO. 377
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