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Home My WebLink AboutRES 409 Draft 01 2008-2010OFFICE INFORMATION ONLY Meeting: Finance Committee - 02/01/2011 Action: Postponed to Call of the Chair; never taken up again Re: Res. 409-10; Comm. 990 (2009-2010 term) COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 409 10 RESOLUTION AUTHORIZING THE ABANDONMENT OF THAT CERTAIN DRAINAGE DITCH RIGHT-OF-WAY, SITUATE AT KALOPA HOMESTEADS, IN THE DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, AND SALE OF A PORTION OF SAID RIGHT-OF-WAY TO JAMES OLSON AND ANNE OLSON. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the County of Hawaii, owns the drainage ditch right-of-way identified as Tax Map Key: (3)4-4-008:064 (see Exhibit "A" attached hereto); and WHEREAS, this drainage ditch right-of-way crosses over Tax Map Key: (3)4-4-008:019 (Lot 75-B), owned by James and Anne Olson, and Tax Map Key: (3)4-4-008:018 (Lot 75-A), owned by Lloyd and Julia Soehren; and WHEREAS, the Department of Public Works has determined that the ditch right-of-way does not function as a channel for runoff and in fact there is a natural course of water runoff between Tax Map Keys: (3)4-4-008:018 and 019, which the Olsons have agreed to relocate to the mauka boundary of their property; and WHEREAS, James and Anne Olson, owners of Tax Map Key: (3)4-4-008:019 (Lot 75-B), have expressed a desire to acquire that portion of the drainage ditch right-of-way that crosses their property (see Exhibit "B" attached hereto); and WHEREAS, Lloyd and Julia Soehren were notified and provided an opportunity to express their interest in purchasing that portion of the drainage ditch right-of-way that crosses their property, but the County received no response; and WHEREAS, the County of Hawaii finds that this drainage ditch right-of-way is economically and physically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape, and by definition is a remnant in accordance with Section 2-110, Hawaii County Code; and WHEREAS, all easements, once established, continue until vacated, closed, abandoned or discontinued by resolution of the Council; and WHEREAS, pursuant to Section 2-111 of the Hawaii County Code, the Council may direct the Finance Director or Director of Public Works to dispose of real property in fee simple; and WHEREAS, pursuant to Section 2-118, Hawaii County Code, remnants or portions thereof may be disposed of without recourse to public auction and shall be first offered for sale to the abutting landowner; and WHEREAS, pursuant to Section 2-118(d), Hawaii County Code, disposition costs may be added to the sales price. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that drainage ditch right-of-way, consisting of 4,969 square feet, as depicted on Exhibit "A," is declared to be abandoned, that it is physically and economically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape, and is hereby declared a remnant as set forth in Section 2-110, Hawaii County Code, and pursuant to Sections 2-111 and 2-118, authorizes the Finance Director of the Director of Public Works to dispose of that portion of the drainage ditch right-of-way, consisting of 4,043 square feet, depicted in Exhibit "B" attached hereto, by sale to James and Anne Olson, the adjoining landowners, without recourse to public auction, subject to the following: 1) buyers to move the drainage ditch right-of-way to the mauka portion of their property; and 2) buyers to consolidate remnant with their property within one year. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Director of Public Works Warren H.W. Lee; (3) Deputy Corporation Counsel Gerald Takase; and (4) Mr. and Mrs. James and Anne Olson, P.O. Box 26, Ninole, Hawaii 96773. Dated at , Hawai`i, this day of , 2010. INTRODUCED BY: qVJ41 �§ COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawai i 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: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX ENRIQUES FORD GREEN WELL HOFFMANN IKEDA NAEOLE-BEASON ONISHI YAGONG YOSHIMOTO Reference: C-990/FC RESOLUTION NO. 40 Lot 50—C -2—A 215' 00'-- 12.58 Lot 75—A Lloyd and Julia Soehren Co—Trustees work was prepared by me or under my supervision. Lot 50—C -2—B Pacheco ROAD DRAINAGE DITCH RIGHT-OF-WAY 4,969 Sq. Ft. Lot 75—B James and Anne Olson Owners Hilo, Hawaii 96720 ENGINEERING DIVISION DEPARTMENT SUBMITTED BY: DATE DIVISION CHIEF APPR BY: DATE DIRECTOR OF PUBLIC WORKS COUNTY OF HAWAII ABANDONMENT OF DRAINAGE DITCH RIGHT-OF-WAY Being a portion of Grant 8852 to John Pacheco (Lot 75 of Kalopa Homesteads) at Kalopa, Hamakua, Island of Hawaii, Hawaii PLAN BY: T. Jackson DRAWN BY: T. Jackson DATE: August 26, 2010 Tax Map Key: (3rd Div.) 4-4-008: 064 EXHIBIT "A" 215' 00' Lot 50—C -2—A Grant 275.43 581 (45.26) LOT A 926 Sq. Ft. Lot 75—A Lloyd and Julia Soehren Co—Trustees This work was prepared by me or under my supervision. Lot 50—C -2—B 797= Pacheco KALAN IAI ROAD suture Rood Widening Setback (10 ft. wide) rn y 4 4,979.19 S 4,285.90W "Kalaniai",L 0, /�- LOT B 4,043 Sq. Ft. Lot 75—B James and Anne Olson Owners 4/30/12 1 Hilo, Hawaii 96720 Expiration Date of the License ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII SUBMITTED BY: SUBDIVISION OF DRAINAGE DITCH RIGHT-OF-WAY INTO LOTS A AN D B DATE DIVISION CHIEF APPROVED BY: Being a portion of Grant 8852 to John Pacheco (Lot 75 of Kalopo Homesteads) at Kalopo, Hamakua, Island of Hawaii, Hawaii DA TE DIRECTOR PLAN BY: T. Jackson I DRAWN BY: T. Jackson I DATE: August 26, 2010 Tax Map Key: (3rd Div.) 4-4-008: 064 EXHIBIT `B"