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Home My WebLink AboutRES 153 Draft 01 2010-2012COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 153 11 RESOLUTION ACCEPTING GRANT OF EASEMENT AND BILL OF SALE FOR SEWER FACILITIES FOR ALI`I HEIGHTS SUBDIVISION, UNIT 1, PHASES I THRU III, DISTRICT OF KONA, ISLAND OF HAWAII, STATE OF HAWAII, FROM TOWNE KEAUHOU LLC. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Towne Keauhou LLC is the owner of certain easements, as well as the sanitary sewer system, including all sanitary sewer pipelines, equipment, structures, and other related facilities and appurtenances attached thereto (hereinafter "sewer facilities ") installed and in existence on and under the premises at Ali`i Heights Subdivision, Unit 1, Phases I thru III, and more fully described in Exhibit A, and depicted on Exhibits B -1 thru B -3 attached hereto; and WHEREAS, Towne Keauhou LLC is desirous of granting the County of Hawaii the easements and sewer facilities found on the premises described in Exhibit A, and depicted on Exhibits B -1 thru B -3 attached hereto; and WHEREAS, the sewer 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 objection 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 Hawai`i 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 Exhibits B -1 thru B- 3 attached hereto. BE IT FINALLY RESOLVED that the clerk of the County of Hawai`i 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 Environmental Management; (3) the Department of Public Works; (4) Assistant Corporation Counsel Katherine A. Garson; and (5) Towne Keauhou LLC, c/o Stephen Menezes, 441 Kipuni Street, Hilo, Hawai`i 96720. Dated at Hilo , Hawai`i, this 5th day of October , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai` i 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 Hawai`i on October 5, 2011 ATTEST: ROLL CALL VOTE Reference C- 362 /PWPRC -47 OUNTY CLERK CHAIRMAN & PRES i IN OFFICER RESOLUTION NO. 11 2 AYES NOES ABS EX BLAS X FORD X HOFFMAN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 8 0 1 0 Reference C- 362 /PWPRC -47 OUNTY CLERK CHAIRMAN & PRES i IN OFFICER RESOLUTION NO. 11 2 EXHIBIT "A" First: ALL of that certain Easement 1, approximately 28,670 square feet, more or less, for Sanitary Sewer Purposes, affecting Lots 1, 17 thru 21, inclusive, 22 and 39 in Ali'i Heights, Unit 1, Phase I, situated at Pahoehoe, 3"1, Pahoehoe 4t', Laaloa 1", Laaloa 2nd and Kapalaalaea 1St, North Kona, Island of Hawaii, Hawaii, as shown on File Plan No. 2326; and, Second: ALL of that certain Easement 1, approximately 7,742 square feet, more or less, for Sanitary Sewer Purposes, affecting Lots 1 and 17 in Ali'i Heights, Unit 1, Phase II, situated at Laaloa 2 "d and Kapalaalaea 1s`, North Kona, Island of Hawaii, Hawaii, as shown on File Plan No. 2341. Third: ALL of that certain Easement 1, approximately 3,183 square feet, more or less, for Sanitary Sewer and Drainage Purposes, affecting Lots 1 and 21 in Ali'i Heights, Unit 1, Phase III, situated at Laaloa 2 "d and Kapalaalaea 1', North Kona, Island of Hawaii, Hawaii, as shown on File Plan No. 2342. END OF EXHIBIT "A" „I-S„ IISIHXH fin M. Qad. 1 £4S #7001ra um I, I, hey n. rlaLS.c h No AT - mm sa a (4001.0 T MRPI0 HIS 07 MI 1l nal.alc Ma 41 - I.II) AIMS I. I l,•s .'w N • 14/em 0m.• S .as i ■vkdw 2 Omw. on 4144, ., ob. 44 Im, ,v4 0I I. ti r.0 nry•h 1•••• Sm. 1 4, 43'.1..0 M . a..W lo T4,4 444444 U{ 4•4 ,o..wa 444 4. .w AN n ra IM 442.4 ••,•r 440 .t w mad Arm.. l • . ., o.w. Moo rrdM ENLARGEMENT 2 SAL 1 4401 . n Tar 4I ENLARGEMENT 1 5e4e 11w - !Mr AU9 HEIGHTS, UNIT 1, PHASE I LAND SITUATED ON THE WLSILMY SIDE OF KI1.447N1 HIGHWAY (PAP. NO. S -229 (I)) AND ON THE EASTERLY SIDE OF KEAUHOU NSW ESTATES. UNIT I, PHASE 71 F (FILE PUN 2276). KEAUHOU NEW ESTATES, UNIT I, PHASE Y(ALE PLAN 2304) AND KEAUHOL/ NEW ESTATES UNIT 1, PHASE Y1 (FILE PUN 2316) AT PAHKIE140E 3RD, PAHOEHOE 40I, LMLCA 1ST, LAALOA 2N0 AND KAPALAALAEA 1ST, NORTH KONA ISLAND OF HAWAII, HAWAII &Mg Portions of Grunt 1746 to Kopohu, Grunt 1749 to Kipopo, (Pont 1731 to Kalman. Grunt 1737 to Konero, Grant 1869 to Kekomakohl, L. C. Aw. 4452, Ap. 2 to N Koloma and L. C A. 7716, Ap. 4 to R. KeellkoloM DE/hG SUBDIVIDED INTO LOTS I ID 41, ;NCLUSTYZ AND ROAD LOTS 17-1, 8 -2 AND R -3 DESIGNATION OF EASEMENTS I ANC 2 AND DESIGNATION OF VEHICULAR ALY;S5 R16NA AFFECT /A6 LOTSIID; IT4L13M, LOT! 71D/SINCLUAYE AND L0 73 21, 2g39 AND 40 AREA = 115.679 ACRES 51.15JE:T HOIYEYER, IO E41.572S EASEMENT (GO -fT WOE) FOR ACCESS AND UTILITY PURPOSES AFFECT?* LOTS R -2 AND 8-3 ow! rose 6 PPI.1 417704141 Da S. G9 Awl SM. TIT I_a ..?.4 1!U a _1 W 'l err 1116 I n ■ ■ ■ ■ ■ J z i l • NOTES: AREA OF EASEMENT: EASEMENT 1 AFFECTING LOIS 1 AND 17 = 7,742 S0. FT. I. Fgures shown thus D indicate number of course in description. 2. Owners as shown on plan are from records filed in the Real Property Mapping @ranch. J. All corners ore marked with 1/2 Inch Pipe, unl.tss otherwise noted. 4. Denotes No Vehicular Access Permitted. ,, Z-Eb, IIIIIHXI ALIT HEIGHTS, UNIT 1, PHASE H LAND SITUATED ON THE EASTERLY SIDE Or LOT R-3 (ROAD LOT) OF ALI'l HEIGHTS, UNIT 1, PHASE I (FILE PLAN 2326) AT LAALOA 2ND AND KAPALA4LAEA 1ST NORTH KONA, ISLAND OF HAWAII, HAWAII Being Portions of Grant 1757 to Konewa and L. C. Aw. 4452, Ap. 2 to H. Kolama Being, also, all of Lot 40 of Heights, Unit 1, Phase I (Fle Plan 2326) BEING SUBDIVIDED INTO LOTS 1 TO 18, INCLUSIVE, AND LOT R -1 (ROAD LOT) DESIGNATION OF EASEMENT 1 AND DESIGNATION OF RESTRICTION OF VEHICULAR, ACCESS RIGHTS AFFECTING LOTS 1, 17 AND 18 AREA = 18.208 ACRES OWNER. TOWNE KEAL'h0U LLD AGGRESS: 220 South King Street, Suite 21!0 Honolulu, Hawaii 768(3 +•>.w•r,w..• ewer ). ins .www.lf .y W tat as flaws ,u*..I at nyw, w uU a~ ,5141 'Oa twe fT=7 IOU ��olx�,a...yM®ia.� eafeaSCM Ms*, wwww m011 Ti fwau..a Sum, we IN+ngia [i1 '4.y4e Rp.l•.Wd -1ws • i 4 1 i Z 13..71.''W. n. It .m.. 14¢e sn rt. • a e ix ea n. n .11.070 se n. .ate :�; stti NOTES: AREA OF EASEMENT. EASEMENT I AFFECTING LOTS 1 AND 21 = 3,183 SQ. FT 1. Figures shown thus 0 indicate number of course in description. 2. Owners os shown on plan are from records fled in the Real Property Mopping Branch. J. All corners ore marked with 1/2 Inch Pipe, unless otherwise noted. 4. r, r", Denotes No Vehicular Access Permitted. 1 FdE PLAN 034l ALI'l HEIGHTS, UNIT 1, PHASE III LAND SITUATED ON THE EASTERLY S:DE OF LOT R -3 (ROAD LOT) OF ALP! HEIGHTS, UNIT 1, PHASE I (FILE PLAN 2326) AT LAALOA 2ND AND K4PALAALAEA 1ST, NORTH KONA, ISLAND OF HAWAII, HAWAII Being Portions of Grant 1757 to Kanewo and L. C. Aw. 4452, Ap. 2 to H. Kaloma Being, also, all of Lot 18 of Ali'i Heights, Unit 1, Phase .Q (File Plan 234D) BEING SUBDIVIDED INTO LOTS 1 TO 21, INCLUSIVE, AND LOT R— I (ROAD LOT) ,,E-£1,, 11QI11x3 DESIGNATION OF EASEMENT 1 AND DESIGNATION OF RESTRICTION OF VEHICULAR ACCESS RIGHTS AFFECTING LOTS 1 AND 21 AREA = 10.297 ACRES OWNER TOWNE KEAUHOU LW ACDRESS. 220 South King Street. Suite 2170 Honolulu, Hawaii 96513 rIm^• now ..Y.y.e Hew .a i6.o l :IIr w,d F, r !6. .6 Se AY tk Lew, en ., nr W e: �waaa I*, 0., en hy.e n: WO • 1 •3 e.Y.3 a asva 4, Ae41,sate.446.1_ YJnVinM M eeee irk