HomeMy WebLinkAboutRES 241 Draft 01 2010-2012OFFICE INFORMATION ONLY
Meeting: Finance Committee — April 17, 2012
Action: Withdrawn on the floor by introducer (Ford).
Re: Res. 241-12; Comm. 654; (2010-2012 term)
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 241 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, Hawaii 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 Hawai'i, 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 Hawai'i County
Charter, provides that the Council may accept gifts, which include the dedication of land, on
behalf of the County of Hawai'i. Furthermore, the County of Hawai'i 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 Hawaii is directed to
transmit copies of this Resolution to: The Honorable William P. Kenoi, Mayor of the County of
Hawaii; Bobby Jean Leithead Todd, Director of the County of Hawaii Planning Department;
Warren Lee, Director of the County of Hawaii Department of Public Works; Robert Fitzgerald,
Director, Department of Parks and Recreation; Lincoln Ashida, Corporation Counsel for the
County of Hawaii.
Dated at , Hawai`i, this day of , 2012.
County of Hawaii
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 HAWAFI
BLAS
FORD
HOFFMANN
IKEDA
ONISIII
PILAGO
SMART
YAGONG
YOSHIMOTO
I AYES I NOES I ABS I EX
Reference: C-654/PC
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 241 12.
-2-
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''/1 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 O
NALE": being 16,861.92 feet North and 13,488.13 feet West and running by azimuths measured
clockwise from True South:
1. 00 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. 450 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 9-13 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. 2060 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. 2070 10' 99.30 feet to a '/: 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.
EXHIBIT
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 O Nale" being 16,036.03 feet North and 13,529.04 feet West, and running by azimuths
measured clockwise from true South:
1. 3030 48'
00" 39.04 feet to a U.S. Coast Guard brass plate monument in concrete;
2. 2850 05'
30" 590.87 feet to a U.S. Coast Guard brass plate monument in concrete;
3. 2980 56'
00" 763.88 feet to a U.S. Coast Guard brass plate monument in concrete;
4. 2940 58'
30" 876.97 feet to a U.S. Coast Guard brass plate monument in concrete;
5. 2950 58'
30" 957.71 feet to a U.S. Coast Guard brass plate monument in concrete;
6. 3030 35'
30" 1609.90 feet to a U.S. Coast Guard brass plate monument in concrete;
7. 2960 33'
00" 676.57 feet to a U.S. Coast Guard brass plate monument in concrete;
8. 2060 33'
00" 20.00 feet to a U.S. Coast Guard brass plate monument in concrete;
9. 2960 33'
00" 151.22 feet to a U.S. Coast Guard brass plate monument in concrete on
30"
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.
620
54'
44"
74.52 feet a U.S. Coast Guard brass plate monument in concrete;
11.
1160
33'
00"
786.07 feet to a pipe in concrete marked 23;
12.
1230
35'
30"
1609.70 feet to a pipe in concrete marked 22;
13.
1150
58'
30"
954.70 feet to a pipe in concrete marked 21;
14.
1140
58'
30"
878.00 feet to a pipe in concrete marked 20;
15.
1180
56'
00"
760.40 feet to a pipe in concrete marked 19;
16.
1050
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.
1990
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 I 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 %z inch pipe (Set) at the Southeasterly corner of this parcel of land, being also the
Southwesterly corner of Parcel 9-13 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 O
NALE" being 16,039.83 feet North and 13,966.77 feet West and running by azimuths measured
clockwise from True South:
L 950 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. 900 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. 1150 29' 95.22 feet along Lot 19-A as shown on Map 34 of Land Court
Application 1120 to a point;
4. 1990 50' 388.70 feet along Lot 19-A as shown on Map 34 of Land Court
Application 1120 to a point;
5. 2810 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'/z inch
pipe (Set), passing over a %z inch pipe (Set) at 143.50 feet;
6. 270 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:
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 9-13;
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 O NALE" being 15,977.41 feet
North and 13,513.38 feet West and running by azimuths measured clockwise from True South:
L 1230 48'
35.30 feet along Lot 225 of Puakea Bay Ranch Subdivision as shown on
Map 37 of Land Court application 1120 to a %z inch pipe (Set);
2. 950 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. 1230 34'
267.87 feet along the remainder of Parcel 9-B to a point;
4. 1380 08'
154.97 feet along the remainders of Parcels 9-13 and 9-A to a point;
5. 2640 18'
34.24 feet along the remainder of Parcel 9-A to a point;
6. 2070 00'
800.89 feet along Parcel 9A and along the remainder of DGPS Site to a
point;
7. 00 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. 840 18' 5.78 feet to a point;
10.3180 08' 113.02 feet to a point;
11.3030 34' 315.24 feet along the remainders of Parcel 9-B, Lot 1 and Parcel 4
to a point;
12.330 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 %2 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 O 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 I and Government Land
(United States of America Fourteenth Coast Guard District):
1. 2070 00' 342.48 feet along Parcel 9-A and along the remainder of Royal
Patent 4922, Land Commission Award 10154 to Makahalalu to a
'/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 %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 '/2 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. 00 00' 84.74 feet along the Westerly end of an existing Road to a''/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. 280 10' 106.13 feet to a '/Z 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. 270 10' 99.30 feet to a point;
9. 260 10' 386.65 feet to a point;
10. 2810 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 I and Government Land (United States of America Fourteenth
Coast Guard District) to a point;
11. 450 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. 3030 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. 190 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 %:
inch pipe (Set), passing over a spike (Set) at 1.14 feet;
14. 950 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 9-13; 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 O NALE" being 15,977.41
feet North and 13,513.38 feet West and running by azimuths measured clockwise from True South:
1. 1230 48' 35.30 feet along Lot 225 of Puakea Bay Ranch Subdivision as shown on
Map 37 of Land Court Application 1120 to a %z inch pipe (Set);
2. 950 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. 1230 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 9-13 and 9-A to a point;
5. 2640 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. 00 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. 270 00' 772.57 feet to a point;
9. 840 18' 5.78 feet to a point;
10. 3180 08' 113.02 feet to a point;
11. 3030 34' 315.24 feet along the remainders of Parcel 9-13, Lot 1 and Parcel 4
to a point;
12. 330 34' 12.43 feet along the remainder of Parcel 4 to the point of beginning and
containing an area of 0.570 Acre.
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
f
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 % inch pipe (Set) at the Southeasterly corner of this easement, being also the
southeasterly comer 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 O 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. 1040 00' 16.48 feet to a %z 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. 970
00'
355.86 feet to a % inch
pipe (Set);
3. 900
00'
20.65 feet to a '/z inch
pipe (Set);
4. 1800
00'
40.00 feet to a % 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. 2250 00' 35.36 feet to a'/2 inch pipe (Set);
6. 1800 00' 13.02 feet to a %2 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. 1930 30' 65.36 feet to a %Z inch pipe (Set);
8. 2070 00' 400.17 feet along Parcel 9-A and along the remainder of DGPS Site to a
'/2 inch pipe (Set);
0
9. 2090 16' 280.91 feet along the remainder of DGPS Site to a %i inch pipe (Set);
10. 2080 10' 180.44 feet along DGPS Site to a % inch pipe (Set);
11. 00 00' 84.74 feet along the Westerly end of an existing Road to a/2 inch
pipe (Set);
12. 280 10' 106.13 feet along the remainder of Lot 1 to a''/z inch pipe (Set);
Thence, for the next seven (7) courses following along the remainders of Parcel 9-13 and Lot 1:
13. 290 16' 280.50 feet to a %z inch pipe (Set);
14. 270 00' 399.37 feet to a %Z 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. 130 30' 46.69 feet to a %z inch pipe (Set);
16. 00 00' 14.60 feet to a %z 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. 3160 18' 11.5" 34.54 feet to a'/2 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. 2780 18' 11.5" 297.79 feet to a %Z inch pipe (Set);
19. 2840 00' 20.21 feet to a spike (Set);
20. 190 20' 40.17 feet along Parcel 4 to the point of beginning and containing an area
of 1.217 Acres.
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Map 4: Suhj*ct Sites EXHIBIT