Loading...
HomeMy WebLinkAboutRES 209 Draft 01 2010-2012OFFICE INFORMATION ONLY Meeting: Public Works and Parks and Recreation Committee—January 19, 2012 Action: Withdrawn by introducer (Mr. Blas) Re: Res 209-12; Comm. 518 (2010-2012 term) COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAI `I 209 12 RESOLUTION AUTHORIZING THE ABANDONMENT OF THAT CERTAIN STORM DRAINAGE EASEMENT 2, AS SHOWN ON MAP 1 OF LAND COURT APPLICATION 1658, SITUATE AT PAUKAA, IN THE DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, AND SALE OF THE COUNTY'S INTEREST IN THE STORM DRAINAGE EASEMENT TO ROBERT BLOOM AND BEBI BLOOM. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the County of Hawaii, together with the State of Hawaii, have a storm drain easement designated as Easement 2, aka Easement K, (hereinafter referred to as Easement "2") as shown on map 1 on file with Land Court Application 1658, situate at Paukaa, District of South Hilo, Hawaii, Tax Map Key: (3)2-7-020:014 (see Exhibit "A" attached hereto); and WHEREAS, Easement 2 crosses over Tax Map Key: (3)2-7-020:014 (Lot A-2), as shown on map 1, Land Court Application 1658, owned by Robert and Bebi Bloom; and WHEREAS, Easement 2 overlaps Easement 1, aka Easement J, as shown on the attached Exhibit "A"; WHEREAS, the County has not constructed any drainage feature within the storm drainage easement; and WHEREAS, the Department of Public Works, Department of Water Supply, Planning Department, and Department of Environmental Management have no objection to abandoning Easement 2 as to the County's interest; and WHEREAS, Robert and Bebi Bloom, owners of Tax Map Key: (3)2-7-020:014 (Lot A-2), have expressed a desire to acquire that portion of Easement 2 that crosses their property as identified in Exhibit A; and WHEREAS, the County of Hawaii finds that Easement 2 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 Easement 2, consisting of 3,478 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 Easement 2 as to the County's interest, consisting of 3,478 square feet, depicted in Exhibit "A" attached hereto, by sale to Robert and Bebi Bloom, without recourse to public auction. 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) Assistant Corporation Counsel Katherine Garson; and (4) Mr. and Mrs. Robert Bloom, 307 Kuikahi Street, Hilo, Hawaii 96720. Dated at , Hawai`i, this _ day of County of Hawaii Hilo, Hawaii 2012. 9'T COUNCIL MEMBER, COUNTY OF HAWAII 1 hereby canny that the foregoing RESOLUTION was by the rate indicated to the right hereof adopted by the COUNCIL of the County cf Hawaii on ATTEST: BLAS FORD HOFFMANN 1KEDA ONISHI PILAGO SMART YAGONG YOSHIMOTO AYES I NOES I ABS I FX Reference: C-518/PWPRC- COUN'I'Y CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. N ,_�-.gym i - _ / -. l w Q M E $ti 1 1J k2 fl' C 4 EXHIBIT "A" CAwa ,_�-.gym i - _ / -. l w Q M E C 4 EXHIBIT "A" CAwa � i SRP --^tea Kohl J s p�r'rro^ ,_�-.gym i - _ / -. I"•d w Q M C EXHIBIT "A"