HomeMy WebLinkAboutRES 155 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Public Works and Parks and Recreation Committee
September 20, 2011
Action: Withdrawn by introducer (Mr. Blas) at the request of
Corporation Counsel per Comm. 364.1
Re: Res. 155-11, Comm. 364.
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 1-55 1 -1 -
RESOLUTION ACCEPTING GRANT OF EASEMENT AND BILL OF SALE FOR
DRAINAGE FACILITIES FOR ALI`I HEIGHTS SUBDIVISION, UNIT 2, PHASE V
(LOT 11), DISTRICT OF NORTH KONA, ISLAND OF HAWAII, STATE OF HAWAII,
FROM TOWNE KEAUHOU LLC.
WHEREAS, Towne Keauhou LLC is the owner of Lot 11, as well as the perpetual
drainage easement to install, maintain, operate, repair, remove and replace any and all drainage
pipelines, equipment, structures, and other related facilities and appurtenances attached thereto
(hereinafter "drainage facilities") installed and in existence on and under the premises described
in Exhibit A, and depicted on Exhibit B attached hereto; and
WHEREAS, Towne Keauhou LLC is desirous of granting the County of Hawaii the -
easements and drainage facilities found on the premises described in Exhibit A, and depicted on
Exhibit B attached hereto; and
WHEREAS, the drainage facilities have been inspected and found to be in acceptable
condition and are in compliance with the provisions of Chapter 21 of the Hawaii County Code;
and
WHEREAS, the Department of Public Works and Department of Environmental
Management have no objections to the acceptance of this sewer system; and
WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the
Council, on behalf of the County of Hawaii, may accept gifts or donations of money, securities
or other personal property or of real estate or any interest in real estate.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in
accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Chapter 21 of
the Hawaii County Code, the County of Hawaii finds that it is in the public interest to accept,
and hereby accepts, the grant of perpetual easement and bill of sale for all portions of the sewer
facilities found on the premises described in Exhibit A and depicted on Exhibit B attached
hereto.
BE IT FINALLY RESOLVED that the clerk of the County of Hawaii, is directed to
transmit copies of this resolution to: (1) the Honorable William P. Kenoi, Mayor of the County
of Hawai `i; (2) the Department of Public Works; (3) the Department of Environmental
Management; (4) Assistant Corporation Counsel Katherine Garson; and (5) Towne Keauhou
LLC, c/o Stephen Menezes, 441 Kipuni Street, Hilo, HI 96720.
Dated: , Hawai`i this day of , 201 1.
COUNTY COUNCIL
County of Hawai i
Hilo, Hawaii
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:
COUNCIL MEMBER, COUNTY OF HAWAII
ROI.I, CAI.I. VOTE
AYES NOES ABS EX
BLAS
FORD
HOFFMANN
IKEDA
ONISHI
PILAGO
SMART
YAGONG
YOSHIMOTO
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.
2
C-364/PWPRC
155 11
EXHIBIT "A"
ALL of that certain Easement 1, approximately 14,966 square feet, more or less, for
Drainage Purposes, affecting Lot 11 in Alii Heights, Unit 2, Phase V, situated at Laaloa 1
Laaloa 2d and Kapalaalaea 1', North Kona, Island of Hawaii, Hawaii, as shown on File Plan No.
2411.
END OF EXHIBIT "A"
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