HomeMy WebLinkAboutCOM 0072.002 2010-2012 t FC
•• �jiJE
COUNTY OF HAWAII STATE OF HAWAII
ee- cf-M M. 9 clu
RESOLUTION NO. 409 10 QS. - foci. 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
REAS;; the Department of Public Works has determined that the ditch rio does
not function as a channel for runoff and in fact there is a natural course of water runoff oeNn Tale
� x
Map Keys: (3)4- 4- 008:018 and 019, which the Olsons have agreed to relocate to the mauka boundary
of their property; and
I,
WHEREAS, James and Anne Olson, owners of Tax Map Key: (3)4- 4- 008:019 (Lot 75 -B), have
I
expressed a desire to acquire that portion of the drainage ditch right -of -way that crosses their property
(see Exhibit "B" attached hereto); and
�
C omm, No. ► Z
hfi4' U t5< — - oaf! Ref. To B 1 2Q1t
ef. Dot
Lohy
_ . �.._ - ...__ ....�....__ ,......... a.�...e ...,....._ __ ► ... _ ..
Y
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
HAWAI`l that drainage ditch right -of -way, consisting of 4,959 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 niauka 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 1 2010.
INTRODUCED BY:
q"
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ENRIQUES
FORD
I hereby certify that the foregoing RESOLUTION was by GREENWELL
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai'i on HOFFMANN
IKEDA
NAEOLE- BEASON
ATTEST: ONISHI
YAGONG
YOSHIMOTO
Reference: C -990 FIC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 4 0
AO OT4 � 6 rt
4) p, TA)
LA-) � C ti. 4, 4_7T,
ri
JAj 4-c,
A - c-o!:2, po E:: "
TAq
IL
4 14'1
T
kjO
C
17 -� 1
L
v, Y, i
Tr
, - 7 PI
17 C-44 9
pcJ 7 441
a Qc>A 4c
44,
DA
4 1S C7 �o P_ LQ, ;41-P
A
0p' C
,3x- 2-4 -72--
-
215' 00---- KALAMAI ROAD
DRANAGE DITCH RIGHT-OF-WAY
James Grid Anne olso:-
Lot 75—A Ownerc
Lloyd and V*c Soekrz:n
nN
V, ESSIO
SURVEYOR
,/or Under M S
28 Aupun; S4,
ENGINEF�ING DMSION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAJI
SUBW7 BY:
ABANDONMENT OF
DATE DRAJNAGE DITCH RIGHT-OF-WAY
Being a portion of Grant 8852 to John Pacheco
PLAN 5Y: T, Jocksor I DRAW
EX8{8IT ^A,
_ot 50- It 50—C-2-
7
215' 00' 275.43 KALANIAI ROAD
(217.59) (12.58) (45.26)
LOT A-/
4,979.1 S
926 Sq. Ft, 1 1- 4.285.90W
KcIcnia;"A
C r:k
0,
VV
Z LOT B
I
4,043 Sq. Ft.
Lot 75—A
Loyd and ;u. Soehre?-.. James and Anne Olson
Co— Trustees 3 Owners
�� I l i I
ic A 0
LA
co:
LCENSED
PROFES&ON"A-1
4 1 LAND
SURVEYOR
This work was pre;cre-: ty me
or under my
OWNER:
County or H'awoii 35T 38 38 ' 30 30'--
25 Aup St. 10.00
Howa;'. 96720
flhe _tense
ENGINEERING DIVISION DEPARTMENT OF PUBUC WORKS COUNTY OF HAWAII
5'JE3M77ED BY: SUBDIVISION OF DRAINAGE DITCH RIGHT-OF-WAY
INTO LOTS AAND B
DATE
Divi C!E`
APPROVED BY: Being a portion of Grant 8852 to John Pacheco
(Lot 75 of Kaiopc Homesteads)
at Kalopa, Hamokua, Island of Hawaii, Howuli
D'17-
DIRECT CUR PLAN BY: T. Jcz;kson I DRAWN BY: T. Jc=kson I CAM August 25, 22
lox Yap Key: (3rd Div.) 4- 064
z Ai 2—q—" 4ezx
50-^-2-A
215* 00' 275.43 KALANIAI ROAD �F•? ''
(217.59) (12.58)�,,\ (45.26)
LOT A
4,97G. 9 S
926 Sq. IFt.
4,285.SOW
� �,. tali. � `� - ..
<
1 41 L
LOT B
4,0 43 Sq. Ft,
Ni
0
V 75-2
Lot 75-A
Lloyd and julio Soehrer, Jcmes and Anne Olson
Co- Trustees J Owners
la
Di
tc 0 Q
LiCENSED
PROFESS;ONk-
LA NG
SURVEYOR
No. 11858 f
This work was prepcmc ty me
my SLZe 5 �0,-).
or under OWNER.
lounty at Hawaii 357' 38' 30 " --
25 Aupini St. 10.00
4/3G/ 2 1; "ito, Hawaii 96720
Expircu-q Date c"T the '-`cense
ENGINEERING DIVISION DEPARTMENT OF PUBUC WORKS COUNTY OF HAWAII
3'JSM7L1) BY:
SUBDMSION OF DRAINAGE DITCH RIGHT—OF—WAY
INTO LOTS A AND B
APPROVED BY: Being a portion of Grant 8852 to John Pacheco
(Lot 75 of Kolopc Homesteads)
at Kalopa, Homakuo, Island of Hawaii, Hawaii
D 1 R EC T 0 PILM 3Y: -,. 1 c;z:ks*n AWN
I P BY: T. j'cc,,--7—cA7iE: August 26, 201ril
I D
Tax Mop Key: '3rd Div.) 4-4-1r,18: 5-P4