HomeMy WebLinkAboutRES 230 Draft 01 2010-2012 COUNTY OF HAWAII . ,��" *!
; i• STATE OF HAWAII
RESOLUTION NO. 230 12
RESOLUTION SUPPORTING THE ACQUISITION OF SURPLUS FEDERAL LANDS
AT UPOLU POINT, NORTH KOHALA, HAWAII
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, certain real property owned by the United States, located in the North
Kohala District, Island and County of Hawaii, State of Hawaii, commonly known as the Loran
Station at Upolu Point, as more particularly described in Exhibit A and as depicted in Exhibits B
and C attached hereto and incorporated herein by reference (hereinafter "Property"), has been
declared surplus and at the discretion of the General Services Administration may be assigned to
the Secretary of the Interior for disposal for public park or recreation purposes, pursuant to the
provisions of Section 203(k)(2) of the Federal Property and Administrative Services Act of 1949
(hereinafter the "Act"), as amended [40 U.S.0 Section 484 (k)(2)] and any regulations and
policies promulgated pursuant thereto; and
WHEREAS, the County of Hawaii needs and will utilize the Property in perpetuity for
public park or recreation purposes as set forth in its application and in accordance with the
requirements of the Act and any regulations and policies promulgated thereunder; and
WHEREAS, pursuant to Section 46-7, Hawai`i Revised Statutes, this Council's consent
is required to enter into this agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, does hereby consent to and authorize that William P. Kenoi, Mayor of the County of
Hawaii, pursuant to section 46-7 Hawaii Revised Statutes, may apply to the Secretary of the
Interior for and secure the transfer to the County of Hawaii the Property for such use and subject
to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the
Secretary of the Interior, or his authorized representative, and the federal disposal agency may
require in connection with the disposal of the Property under the Act and the regulations and
policies issued pursuant thereto;
BE IT FURTHER RESOLVED that Article XIII, Section 13-12, of the Hawaii County
Charter, provides that the Council may accept gifts, which include the dedication of land, on
behalf of the County of Hawaii. Furthermore, the County of Hawaii has legal authority, is
willing and is able to properly develop, maintain, operate, and assume liability of the property;
- 1 -
BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this Resolution to: The Honorable William P. Kenoi, Mayor of the County of
Hawai`i; Bobby Jean Leithead Todd, Director of the County of Hawai`i Planning Department;
Warren Lee, Director of the County of Hawai`i Department of Public Works; Robert Fitzgerald,
Director, Department of Parks and Recreation; Lincoln Ashida, Corporation Counsel for the
County of Hawaii.
Dated at Hilo , Hawai`i, this 4th day of April
INTRODUCED BY:
, 2012.
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 Hawaii on April 4, 2012
ATTEST:
OUNTY CLERK
14`
CHAIRPERSON & PRESID 1 1 FFICER
2
ROLL CALL VOTE
Reference: C- 617/FC - 209
RESOLUTION NO. 230 12
AYES
NOES
ABS
EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
8
0
1
0
Reference: C- 617/FC - 209
RESOLUTION NO. 230 12
Lot 1 Remainder (Easterly Portion)
(The Whole of Former Parcel 2)
TMK(3) 5-6-001:056 (por)
Land situated on the Easterly boundary of Lot 1 at Upolu, North Kohala, Island and County of Hawaii,
State of Hawaii.
Being portions of:
Lot 1: Government Land (United States of America Fourteenth Coast Guard District); and Grant 5089
to Trustees Under the Will and of the Estate of Bernice P. Bishop, deceased.
Beginning at a V2 inch pipe (Set) at the Northernmost corner of this parcel of land, being also a point on
the Easterly boundary of Lot 1, and being an angle point on the Westerly boundary of Lot C, the
coordinates of said point of beginning referred to Government survey triangulation Station"PUU 0
NALE": being 16,861.92 feet North and 13,488.13 feet West and running by azimuths measured
clockwise from True South:
1. 0° 00' 293.55 feet along Lot C and along the remainder of Grant 5089 to Trustees
Under the Will and of the Estate of Bernice P. Bishop, deceased, to a
point;
2. 45° 00' 340.36 feet along Lot C and along the remainder of Grant 5089 to Trustees
Under the Will and the Estate of Bernice P. Bishop, deceased, to a point;
3. 101° 50' 25.82 feet along Parcel 9-B and along Royal Patent 4922, Land
Commission Award 10154 to Makahalalu to a point;
Thence, for the next three (3) courses following along Parcel 9-B and along the remainders of Lot 1,
government Land (United States of America Fourteenth Coast Guard District) and Grant 5089 to
Trustees Under the Will and of the Estate of Bernice P. Bishop, deceased:
4. 206° 10' 386.65 feet to a point;
Thence, following on a curve to the right with a radius of 2,844.93 feet, the chord azimuth and distance
being:
5. 207° 10' 99.30 feet to a 'V2 inch pipe (Set);
6. 208° 10' 106.13 feet to the point of beginning and containing an area of 1.007 Acres.
Note: This description represents a remainder portion of Lot 1, but does not constitute a County of
Hawaii-approved subdivided lot.
eft-
Parcel 4
TMK(3) 5-6-001:062
Land situated at Upolu Point, North Kohala, Island and County of Hawaii, State of Hawaii.
Being a portion of Grant 5089 to the Trustees under the will and of the Estate of Bernice P. Bishop,
deceased.
Beginning at the U.S. Coast Guard brass plate monument in concrete at the Northwest corner of this
parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation
Station"Puu 0 Nale"being 16,036.03 feet North and 13,529.04 feet West, and running by azimuths
measured clockwise from true South:
1. 303° 48' 00" 39.04 feet to a U.S. Coast Guard brass plate monument in concrete;
2. 285° 05' 30" 590.87 feet to a U.S. Coast Guard brass plate monument in concrete;
3. 298° 56' 00" 763.88 feet to a U.S. Coast Guard brass plate monument in concrete;
4. 294° 58' 30" 876.97 feet to a U.S. Coast Guard brass plate monument in concrete;
5. 295° 58' 30" 957.71 feet to a U.S. Coast Guard brass plate monument in concrete;
6. 303° 35' 30" 1609.90 feet to a U.S. Coast Guard brass plate monument in concrete;
7. 296° 33' 00" 676.57 feet to a U.S. Coast Guard brass plate monument in concrete;
8. 206° 33' 00" 20.00 feet to a U.S. Coast Guard brass plate monument in concrete;
9. 296° 33' 00" 151.22 feet to a U.S. Coast Guard brass plate monument in concrete on
the Northwest side of Mahukona-Niulii Government Road;
Thence following along the Northwest side of Mahukona-Niulii Government Road along a curve
to the left, having a radius of 1,944.86 feet, the direct chord azimuth and distance being.
10. 62° 54' 44" 74.52 feet a U.S. Coast Guard brass plate monument in concrete;
11. 116° 33' 00" 786.07 feet to a pipe in concrete marked 23;
12. 123° 35' 30" 1609.70 feet to a pipe in concrete marked 22;
13. 115° 58' 30" 954.70 feet to a pipe in concrete marked 21;
14. 114° 58' 30" 878.00 feet to a pipe in concrete marked 20;
15. 118° 56' 00" 760.40 feet to a pipe in concrete marked 19;
16. 105° 05' 30" 592.60 feet to a pipe in concrete marked 18-A;
17. 123° 48' 00" 35.30 feet to a U.S. Coast Guard brass plate monument in concrete;
18. 199° 20' 00" 41.31 feet to the point of beginning and containing an area of
5.239 Acres.
Parcel 9-A
(Portion of Former Parcel 9)
TMK(3) 5-6-001:-56 (por.)
Land situated on the Southerly boundary of Lot 1 at Honoipu, North Kohala, Island and County of
Hawaii, State of Hawaii.
Being portions of:
Lot 1: Government Land (United States of America Fourteenth Coast Guard District); and Royal Patent
4922, Land Commission Award 10154 to Makahalalu.
Beginning at a 1/2 inch pipe (Set) at the Southeasterly corner of this parcel of land,being also the
Southwesterly corner of Parcel 9-B and being a point on the Southerly boundary of Lot 1, the
coordinates of said point of beginning referred to Government Survey Triangulation Station"PUU 0
NALE"being 16,039.83 feet North and 13,966.77 feet West and running by azimuths measured
clockwise from True South:
1. 95° 45' 40" 45.54 feet along Lot A and along the remainder of Royal Patent
4922, Land Commission Award 10154 to Makahalalu to a point;
2. 90° 00' 351.21 feet along Lot A and along the remainder of Royal Patent
4922, Land Commission Award 10154 to Makahalalu to a point;
3. 115° 29' 95.22 feet along Lot 19-A as shown on Map 34 of Land Court
Application 1120 to a point;
4. 199° 50' 388.70 feet along Lot 19-A as shown on Map 34 of Land Court
Application 1120 to a point;
5. 281° 50' 517.09 feet along Lot 19-A as shown on Map 34 of Land Court
application 1120, along DGPS Site, along Grant 5089 to Trustees
Under the Will and of the Estate of Bernice P. Bishop, deceased,
and along the remainders of Lot 1 and Government Land (United
States of America Fourteenth Coast Guard District) to a ''/2 inch
pipe (Set), passing over a '/2 inch pipe (Set) at 143.50 feet;
6. 27° 00' 342.48 feet along Parcel 9-B and along the remainders of Lot 1,
Government Land (United States of America Fourteenth Coast
Guard District) and Royal Patent 4922, Land Commission Award
10154 to Makahalalu to the point of beginning and containing an
area of 4.219 Acres.
SUBJECT, HOWEVER, to a portion of Easement 1 for Access and Utility Purposes, the whole of which
being more particularly described by the attached description.
SUBJECT, HOWEVER, to a portion of right-of-way easement for road purposes over Parcel 9A in
favor of Lot 19-A TMK(3) 5-6-001:074 the whole of which being more particularly described as
follows:
3 .
A 30 foot right-of-way north of the southwest boundary of Parcel 9 commencing at the Southeast
boundary of Parcel 9A to the Southwest boundary of Parcel 9A.
Note: This description represents a portion of Lot 1, but does not constitute a County of Hawaii —
approved subdivided lot.
Easement 1
For Access and Utility Purposes
Affecting Lot 1 and Parcel 4
Land situated in the Southeasterly portion of Lot 1 and at the Westerly end of Parcel 4 at Upolu and
Honoipu, North Kohala, Island and County of Hawaii, State of Hawaii.
Being portions of:
Lot 1: Parcel 4;
DGPS Site, Parcel 9-A and Parcel 9-B;
Government Land (United States of America Fourteenth Coast Guard District); Grant 5089 to Trustees
Under the Will and of the Estate of Bernice P. Bishop, deceased; and Royal Patent 4922, Land
Commission Award 10154 to Makahalalu.
Beginning at the Southernmost corner of this easement, being also an angle point on the Southerly
boundary of Parcel 4 and being an angle point on the Northerly boundary of Lot 225 of Puakea Bay
ranch Subdivision as shown on Map 37 of Land Court Application 1120, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "PUU 0 NALE"being 15,977.41 feet
North and 13,513.38 feet West and running by azimuths measured clockwise from True South:
1. 123° 48' 35.30 feet along Lot 225 of Puakea Bay Ranch Subdivision as shown on
Map 37 of Land Court application 1120 to a %2 inch pipe (Set);
2. 95° 45' 40" 16.53 feet along Lot A to a point;
Thence, for the next four(4) courses following along the remainder of Lot 1:
3. 123° 34' 267.87 feet along the remainder of Parcel 9-B to a point;
4. 138° 08' 154.97 feet along the remainders of Parcels 9-B and 9-A to a point;
5. 264° 18' 34.24 feet along the remainder of Parcel 9-A to a point;
6. 207° 00' 800.89 feet along Parcel 9A and along the remainder of DGPS Site to a
point;
7. 0° 00' 44.05 feet along the remainder of Grant 5089 to Trustees Under
the Will and of the Estate of Bernice P. Bishop, deceased, and
along the Westerly end of an existing Road to a point;
Thence, for the next three (3) courses following along the remainders of Parcel 9-B and Lot 1:
8. 27° 00' 772.57 feet to a point;
9. 84° 18' 5.78 feet to a point;
10. 318° 08' 113.02 feet to a point;
11. 303° 34' 315.24 feet along the remainders of Parcel 9-B, Lot 1 and Parcel 4
to a point;
12. 33° 34' 12.43 feet along the remainder of Parcel 4 to the point of beginning and
containing an area of 0.570 Acre.
Parcel 9-B
(Portion of Former Parcel 9)
TMK(3) 5-6-001:056 (por.)
Land situated on the Easterly and Southerly boundaries of Lot 1 at Upolu and Honoipu,North Kohala,
Island and County of Hawaii, State of Hawaii.
Being portions of:
Lot 1: Government Land (United States of America Fourteenth Coast Guard District); Royal Patent
4922, Land Commission award 10154 to Makahalalu; and Grant 5089 to Trustees Under the Will and of
the Estate of Bernice P. Bishop, deceased.
Beginning at a 'V2 inch pipe (Set) at the Southwesterly corner of this parcel of land, being also the
Southeasterly corner of Parcel 9-A and being a point on the Southerly boundary of Lot 1, the coordinates
of said point of beginning referred to Government Survey Triangulation Station"PUU 0 NALE"being
16,039.83 feet North and 13,966.77 feet West and running by azimuths measured clockwise from True
South:
Thence, for the next five (5) courses following along the remainders of Lot 1 and Government Land
(United States of America Fourteenth Coast Guard District):
1. 207° 00' 342.48 feet along Parcel 9-A and along the remainder of Royal
Patent 4922, Land Commission Award 10154 to Makahalalu to a
1/2 inch pipe (Set);
2. 281° 50' 17.18 feet along DGPS Site and along Grant 5089 to Trustees
Under the Will and of the Estate of Bernice P. Bishop, deceased, to
a 1/2 inch pipe (Set);
Thence, for the next three (3) courses following along DGPS Site and along the remainder of Grant
5089 Trustee Under the Will and of the Estate of Bernice P. Bishop, deceased::
3. 206° 10' 396.87 feet to a V2 inch pipe (Set):
Thence, following on a curve to the right with a radius of 2,884.93 feet, the chord azimuth and
distance being:
4. 207° 10' 100.70 feet to a '/2 inch pipe (Set);
5. 208° 10' 180.83 feet to a ''/2 inch pipe (Set);
6. 0° 00' 84.74 feet along the Westerly end of an existing Road to a 1/2 inch
pipe (Set);
Thence, for the next three (3) courses following along the remainders of Lot 1, Government
Land (United States of America Fourteenth Coast Guard District) and Grant 5089 to Trustees
Under the Will and of the Estate of Bernice P. Bishop, deceased:
7. 28° 10' 106.13 feet to a 1/2 inch pipe (Set);
Thence, following on a curve to the left with a radius of 2,844.93 feet, the chord azimuth and
distance being:
8. 27° 10' 99.30 feet to a point;
9. 26° 10' 386.65 feet to a point;
10. 281° 50' 25.82 feet along Grant 5089 to Trustees Under the Will and of the
•
Estate of Bernice P. Bishop, deceased, and along the remainders of
Lot 1 and Government Land (United States of America Fourteenth
Coast Guard District) to a point;
11. 45° 00' 133.80 feet along Lot B and along the remainder of Royal Patent
4922, Land Commission Award 10154 to Makahalalu to a point;
12. 303° 48' 354.24 feet along Lot B and along the remainder of Royal Patent
4922, Land Commission Award 10154 to Makahalalu to a point;
13. 19° 20' 41.31 feet along Parcel 4 and along Grant 5089 to Trustees Under
the Will and of the Estate of Bernice P. Bishop, deceased, to a 1/2
inch pipe (Set),passing over a spike (Set) at 1.14 feet;
14. 95° 45' 40" 426.21 feet along Lot A and along the remainder of Royal Patent
4922, Land Commission Award 10154 to Makahalalu to the point
of beginning and containing an area of 2.023 Acres.
SUBJECT, HOWEVER, to a portion of Easement 1 for Access and Utility Purposes, the whole of which
being more particularly described by the attached description.
SUBJECT, HOWEVER, to a portion of right-of-way easement for road purposes over Parcel 9B in
favor of Lot 19-A TMK(3) 5-6-001:074 the whole of which being more particularly described as
follows:
A 30 foot right-of-way north of the southwest boundary of Parcel 9B commencing at the Southeast
boundary of Parcel 9A to the Southeast boundary of Parcel B.
ALSO SUBJECT, HOWEVER, to a portion of Easement 2 for Access Purposes, the whole of which
being more particularly described by the attached description.
Note: This description represents a portion of Lot 1, but does not constitute a County of Hawaii
approved subdivided lot.
Easement 1
For Utility Purposes
Affecting Lot 1 and Parcel 4
Land situated in the Southeasterly portion of Lot 1 and at the Westerly end of Parcel 4 at Upolu and
Honoipu,North Kohala, Island and County of Hawaii, State of Hawaii.
Being portions of:
Lot 1: Parcel 4; DGPS Site, Parcel 9-A and Parcel 9-B; Government Land(United States of America
Fourteenth Coast Guard District); Grant 5089 to Trustees Under the Will and of the Estate of Bernice P.
Bishop, deceased; and Royal Patent 4922, Land Commission Award 10154 to Makahalalu.
Beginning at the Southernmost corner of this easement, being also an angle point on the Southerly
boundary of Parcel 4 and being an angle point on the Northerly boundary of Lot 225 of Puakea Bay
Ranch Subdivision as shown on Map 37 of Land Court Application 1120, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "PUU 0 NALE"being 15,977.41
feet North and 13,513.38 feet West and running by azimuths measured clockwise from True South:
1. 123° 48' 35.30 feet along Lot 225 of Puakea Bay Ranch Subdivision as shown on
Map 37 of Land Court Application 1120 to a V2 inch pipe (Set);
2. 95° 45' 40" 16.53 feet along Lot A to a point;
Thence, for the next four(4) courses following along the remainder of Lot 1:
3. 123° 34' 267.87 feet along the remainder of Parcel 9-B to a point;
4. 138° 08' 154.97 feet along the remainders of Parcels 9-B and 9-A to a point;
5. 264° 18' 34.24 feet along the remainder of Parcel 9-A to a point;
6. 207° 00' 800.89 feet along Parcel 9-A and along the remainder of DGPS Site to a
point;
7. 0° 00' 44.05 feet along the remainder of Grant 5089 to Trustees Under the Will
and of the Estate of Bernice P. Bishop, deceased, and along the
Westerly end of an existing road to a point;
Thence, for the next three (3) courses following along the remainders of Parcel 9-B and Lot 1:
8. 27° 00' 772.57 feet to a point;
9. 84° 18' 5.78 feet to a point;
10. 318° 08' 113.02 feet to a point;
11. 303° 34' 315.24 feet along the remainders of Parcel 9-B, Lot 1 and Parcel 4
to a point;
12. 33° 34' 12.43 feet along the remainder of Parcel 4 to the point of beginning and
containing an area of 0.570 Acre.
o
Easement 2
For Access Purposes
Affecting Lot 1
Land situated in the Southeasterly portion of Lot 1 and at Upolu and Honoipu, North Kohala, Island and
County of Hawaii, State of Hawaii.
Being portions of:
Lot 1: DGPS Site and Parcel 9-B; Government Land (United States of America Fourteenth Coast Guard
District); Grant 5089 to Trustees Under the Will and of the Estate of Bernice P. Bishop, deceased; and
Royal Patent 4922, Land Commission Award 10154 to Makahalalu.
Beginning at a V2 inch pipe (Set) at the Southeasterly corner of this easement,being also the
southeasterly corner of Lot 1, the southwesterly corner of Parcel 4, the Northeasterly corner of Lot A
and being the Northwesterly corner of Lot 225 of Puakea Bay Ranch Subdivision as shown on Map 37
of Land Court Application 1120, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "PUU 0 NALE"being 15,997.05 feet North and 13,542.72 feet West and
running by azimuths measured clockwise from True South:
Thence, for the next ten (10) courses following along the remainder of Lot 1:
Thence, for the next seven (7) courses following along the remainder of Parcel 9-B:
1. 104° 00' 16.48 feet to a V2 inch pipe (Set);
Thence, following on a curve to the left with a radius of 1,460.00 feet, the chord azimuth and
distance being:
2. 97° 00' 355.86 feet to a %2 inch pipe (Set);
3. 90° 00' 20.65 feet to a V2 inch pipe (Set);
4. 180° 00' 40.00 feet to a %2 inch pipe (Set);
Thence, following on a curve to the left with a radius of 25.00 feet, the chord azimuth and distance
being:
5. 225° 00' 35.36 feet to a %2 inch pipe (Set);
6. 180° 00' 13.02 feet to a V2 inch pipe (Set);
Thence, following on a curve to the right with a radius of 140.00 feet, the chord azimuth and
distance being:
7. 193° 30' 65.36 feet to a '/2 inch pipe (Set);
8. 207° 00' 400.17 feet along Parcel 9-A and along the remainder of DGPS Site to a
1/2 inch pipe (Set);
r.
9. 209° 16' 280.91 feet along the remainder of DGPS Site to a '/2 inch pipe (Set);
10. 208° 10' 180.44 feet along DGPS Site to a %2 inch pipe (Set);
11. 0° 00' 84.74 feet along the Westerly end of an existing Road to a '/2 inch
pipe (Set);
12. 28° 10' 106.13 feet along the remainder of Lot 1 to a ''/2 inch pipe (Set);
Thence, for the next seven (7) courses following along the remainders of Parcel 9-B and Lot 1:
13. 29° 16' 280.50 feet to a '/2 inch pipe (Set);
14. 27° 00' 399.37 feet to a '/2 inch pipe (Set);
Thence, following on a curve to the left with a radius of 100.00 feet, the chord azimuth and distance
being:
15. 13° 30' 46.69 feet to a %2 inch pipe (Set);
16. 0° 00' 14.60 feet to a %2 inch pipe (Set);
Thence, following on a curve to the left with a radius of 25.00 feet, the chord azimuth and distance
being:
17. 316° 18' 11.5" 34.54 feet to a %inch pipe (Set);
Thence, following on a curve to the right with a radius of 1,500.00 feet, the chord azimuth and
distance being:
18. 278° 18' 11.5" 297.79 feet to a '/2 inch pipe (Set);
19. 284° 00' 20.21 feet to a spike (Set);
20. 19° 20' 40.17 feet along Parcel 4 to the point of beginning and containing an area
of 1.217 Acres.
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(PARCEL 9) •�,, , �� A4.2844.93
(6. 242 ACRES) . , °1 %v`- I !
LOT I REMAINDER` PARCEL 9-A g•1 '4 4 is (PARCEL' ' 4.219ACRESp : y.• •
G r !01d0P3.a 1.007 ACRES
•s ~� 'dip l•111 For Ut ty Purposes
For Access P rrposss �� 0.5')0 Acre
217 Acres \ ` IS+:� }
SEE ENLARGE74E)VTI - '1 � PARCEL 9-8
4�-}�'" x.`®; . 2.023 ACRES
Lo/ A `ri?s 18.20. 41.31
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.0-0 1� •dam 39.04
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Via, PARCEL. -4
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Lo 225
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Map 4: Subject Sites EXHIBIT
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