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HomeMy WebLinkAboutRES 593 Draft 01 1962 COUNTY OF - STATE OF HAWA.I I RESOLUTION NO. 593 RESOLUTION CREATING, DEFINING AID ESTABLISHING "IMPROVEMENT DISTRICT NO. 1 - WAIOHINU" IN THE DISTRICT OF KAU, COUNTY Or HAWAI I , AND PROVIDING FOR THE IMPROVEMENT THEROF. WHEREAS, by Petition dated May 11 , 1962, and filed with the County Clerk on May 14, 1962, as amended by letter dated June 6, 1962, Mark Twain Estates , Inc . , being the owner of not less than sixty per cent (60 %) of the property within the proposed `"Waiohinu Improvement District," Kau, Hawaii , has petitioned this Board for improvements con- sisting of of new paved streets , a storm drainage system, a water system, fire hydrants , and all appurtenant and incidental work in said district, in accordance with the provisions of Section 146 - 138, Revised Laws of Hawaii 1955; and WHEREAS, said Petition, as amended, shows the necessary preliminary surveys, maps , plans , drawings and other data, details and preliminary specifications for the proposed improvements, together with estimates of the probable cost thereof, and shows a description and an estimate of the maximum share of the cost of the improvements per square foot against the property subject to assessment therefor , in all respects and in the manner , form, and detail as required by law; and WHEREAS, by Resolution No. 516, adopted June 6, 1962, said Petition, as amended, was duly accepted and adopted by this Board, subject to such alterations and amendments as were mentioned in said Resolution or as should thereafter RES. NO. 593 File No. _______ M. B. No. 1488 L./64. 1 Date: SEP. 5, 1962 be made and adopted according to law, and a public hearing with respect to said proposed improvements was provided to be held on July 6 , 1962; and t°II-IEREAS, after notice duly given by publication commencing June 19 , 1962, in the Hilo Tribune-Herald and by the posting of like notices along streets proposed to be improved or opened on June 22 , 1962, a public hearing was duly held at the Kau District Court at Naalehu, Hawaii , on July 6, 1962, at which hearing a quorum of the Board was present and full opportunity was given then and there to all persons interested to present suggestions, objections or protests with respect to the proposed improvements or any part or detail thereof; and WHEREAS, at said public hearing, no protests were filed against the making of the proposed improvements or any part of the plan thereof; and WHEREAS, after full hearing was had thereon, said public hearing was , on said July 6, 1962, closed and the matter taken under advisement; and WHEREAS, after further and full consideration, said Board did find and declare that the 3oard still had juris- diction thereof; and WHEREAS, said Board having now further and fully considered all and singularly the plans for said improvements and all objections, petitionsand suggestions presented or offered with respect thereto, has now determined to proceed with the proposed improvements substantially as set forth in said Petitionerts Preliminary Report without materially altering the general character or plan thereof as so advertised and File No ......., M. B. No _...... Dat4r S E P L..10A2 without increasing the maximum estimates of cost per square foot; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS of the County of Hawaii as follows : I . I11PROVEkENT DISTRICT That the proposed Waiohinu Improvement District, in the District of Kau, County and State of Hawaii , is hereby created, defined and established as "IMPROVEMENT DISTRICT NO. 1 - WAIOHINU" the limits and extent of which, and the area to be assessed, being hereby more particularly created, defined and established as follows : DESCRIPTION OF BOUNDARY FOR "IMPROVEMENT DISTRICT NO.. 1 - WAIOHI 1X07 KAU HAWAII Tract of Land Comprising ( 1) Portion of Grant 2802 to L. R. 1-,acomber (2) Portion of Grant 3635 to Kealohaai ( 3) Portion of Grant 19 L l to Kekuhaupio (Lb) Portion of Grant 21123 to Kekuhaupi o (5) Portion of Grant 2750 to Kulou (6) Portion of Grant 2757 to Hehena Kau, Hawaii Beginning at a 1._-inch pipe in concrete at the 'west corner of this tract of land on the northeasterly boundary of L. C. Award 0452: 17 to A. Keohokalole and on the southeast side of Kamaoa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Stein 2" being 7,00..71 feet South and 23,743. 19 feet West, and running by azimuths measured clockwise from true South: 1 . 234° 301 30" 206 . 13 feet along the southeast side of Kamaoa Road; thence along the southeast side of Kamaoa Road for the next fourteen courses: 2. 234° 471 354.53 feet; 3. 236° 461 50" 200.24 feet; tte9. 1S o File No ...... .. M. B. No SEP r C' Dat e:. L . 233° 45' 101 .06 feet; 5 . 230° 05t 45" 334.55 feet; 6. 231° 50t 10" 19n.59 feet; 7. 230° 03! 10" 190.81 feet; S . 255° Olt 10" 264.30 feet; 9 . 227° )!2t 20" 335 .23 feet; 10. 223° 001 66 .00 feet; 11 . 227° 161 30" 366 .75 feet; 12. 230° 21 ! 20" 395 .25 feet; 13. 233° 201 200.00 feet; 14. 232° 091 10" 254. 10 feet; 15. 235° 401 213.62 feet; thence along File Plan 605 along a curve to the right having a radius of 20.00 feet, the chord azimuth and distance being : 16. 278° 401 27.28 feet; 17. 321° 401 11 .3.00 feet along File Plan 685; 18 . 189° 12t 50" 01 .32 feet across a 60-Foot Road; thence along lots and across roads within File Plan 685 for the next twenty four (24) courses : 19. 231° 401 200.00 feet along Lot 2 , Block 3; 20. 321° 40! 200.00 feet along Lot 6, Block 3; 21 . 9° 541 10" 90.08 feet across a 60-Foot Road; 22 . 321° 40' 161 .)E;! feet along Lot 2, Block 4; 23. 231° 40! 71 .27 feet along Lot 2, Block 4; thence along the West side of a 60-Foot Road along a curve to the left having a radius of 560.00 feet, the chord azimuth and distance being : 24. 339° 411 07" 185.57 feet; 25 . 313° 011 40" 124.82 feet; File Toro ...._i„ M. B. No. pat S E r :4 2:2 26 . 206° 001 200.00 feet across a portion of a 60-Foot Road and along Lot 1 , Block 5; 27. 296° 001 95 .00 feet along Lot 4, Block 5; 28 . 4° 121 107.70 feet across a 40-Foot Road; 29 . 296° 001 776 .77 feet along Lots 3 and 4 of Block 6, across a 40-Foot Road and along Lots 3 and 4 of Block 7; 30. 297° 501 50" 40.59 feet across a 40-Foot Road; 31 . 326° 391 299 .41 feet along Lots 3 and 4, Block 10; 32 . 311° 031 41 .30 feet across a 40-Foot Road; 33. 326° 391 400.00 feet along Lots 4 and 5, Block 12; 34. 3L1° 51 ' 107.70 feet across a 40-Foot Road; 35 . 326° 391 400.00 feet along Lots 4 and 5, Block 15; 36 . 34° 511 107.70 feet across a 40-Foot Road; 37 . 326° 39' 400 .00 feet along Lots 4 and 5, Block 17; 3&3 . 30° 431 91 .46 feet across a 40-Foot Road; 39 . 322° 161 40" 401 .94 feet along Lots 3 and 4, Block 19; 40 . 290° 121 10" 45 .49 feet across a 40-Foot Road; 41 . 326° 391 202 .90 feet along Lot 3, Block 21; 42. 236° 581 20" 34.43 feet along Lot 3, Block 21 to a "-+-" cut in set-stone; 43. 311° 581 20" 330.00 feet along the southwest boundary of Grant 2658 to Puukaua; 5° 111 16" 1879.66 feet along the remainder of Grant 2757 to Hehena and also the remainder of Grant 3635 to Kealohaai ; 45 . 61° 301 965 .00 feet along the remainder of Grant 3635 to Kealohaai ; -5- Res. Nu File No. ...._... M. B. Na ........ flat • SEP 51902._ 46. 71 ° llt 1320.00 feet along the remainder of Grant 3635 to Kealohaai and also the remainder of Grant 2882 to L. R. Macomber; 47. 136° 211 800.00 feet along the remainder of Grant 2302 to L. R. Macomber; 40. 176° 18' 945 .00 feet along same; 49. 102° 121 ! 65.00 feet along same; 50. 54° 461 1070.00 feet along same; 51 . 140° 051 35" 850.00 feet along the northeast boundary of L. C. Award 0452 : 17 to A. Keohokalole to a pipe; 52. 152° 38' 30" 787.02 feet along same to a pipe; 53. 1L3° 01 ' 30" 637.68 feet along same to a pipe; 54. 147° 00' 45" 1783.25 feet along same to the point of beginning and containing an area of 24,707, 103 square feet which represents the Gross Area within the Improvement District . Area of streets and non-assessable areas : 12 ,007,084 square feet; Total net assessable area in Improvement District : 12 ,700 ,019 square feet. II . CHARACTER EXTENT AND GENERAL DETAILS AND I`'IATERIALS OF IIMMPROVEMENT DEFINED A. That the general character, extent and materials of the proposed improvement for which detailed specifications shall hereafter be adopted, shall be and are hereby defined and described as follows : 1 . General . The Contractor shall furnish and pay for all labor, materials , tools, machinery and equipment necessary to construct and fully complete the entire improvement in accordance with County Ordinance No. 24 and all County standards , the plans , details and specifications finally adopted, ites. N -6- File No M. B. No Date• S E P , 1r2. ��.. and generally in accordance with all usual or proper requirements as to inspection by the Engineer . 2 . Excavation and Embankment . The roadway prism shall be excavated or filled to such a depth below the established grade so that after having been thoroughly compacted, it shall provide for either asphalt macadam or an asphaltic concrete pavement on a mineral aggregate base course . 3. Pavement. After the subgrade has been completed and has passed the inspection of the Engineer, a six inch ( 6" ) thick crushed rock base course shall be constructed. On this base course, the asphaltic pavement of a thickness of 3" for asphaltic macadam or 2" for asphaltic concrete shall be constructed to the required grade . ) . Storm Drains . Drains shall be installed as shown on EXHIBIT IV of said Petition and incorporated herein by reference, and shall be laid to the correct lines and grades finally adopted. Pipe drains shall be of galvanized corrugated sheet metal with specially designed inlet and outlet end of the same material . 5 . Water Plains and Appurtenances . Water pipe and fittings required shall be cast iron of the class and type specified by the Board of Water Supply and shall be installed as shown on plans in accordance with the rules and regulations of the Board of Water Supply. Asbestos-cement pipe may be used with prior approval of the Engineer if ground conditions are suitable for use of such pipe. Service laterals shall be of copper. All connections to or breaking into existing mains shall be done by the Board of Water Supply and all pipes and appurtenances shall be subjected to a pressure test in the presence of the Engineer . dater reservoirs shall be constructed of reinforced concrete . In general , installation of the water system shall comply with the specifications and standard practices of the Board of dater Supply. 6 . Fire Hydrants . Fire hydrants will be installed at all Tees in accordance with the requirements of the Board of dater Supply. B. The general details of the proposed improvements shall be substantially as set forth in said Petitioner ' s Preliminary Report and the maps and other exhibits accompanying same ( incorporated herein by reference) , as by this resolution altered and modified, providing that minor alterations and changes in work or materials may be made in the details of 7- File No ..._...�,. M. B. No. Date: SIP L..l any part or parts of said improvements as shall , in the judgment of the Chief Engineer or , in the case of the water system, the judgment of the Board of Water Supply, seem necessary or advisable to complete the same in an efficient and satisfactory manner and without materially altering the general character or plan of said improvements as so advertised and otherwise consistent with the terms of this resolution and subject always to the approval of this Board and, in the case of the water system, to the approval of the Board of Water Supply. III . PERFORNANCE BY I`N.iK TWAIN ESTATES INC. That the Nark Twain Estates , Inc . , shall complete the golf course within six months after the completion of the proposed improvements in Improvement District No. 1 - Waiohinu. IV. LANDS TO BE ACQUI RED That all parcels of land required for street rights of way, as shown on Exhibit II of said Petition and incorporated herein by reference, and the upper tank site and the pipeline easement across Bishop Estate land will be dedicated to the County of Hawaii , Board of 'eater Supply or State of Hawaii at no cost to said County, Board of Water Supply or State . V. PORTION OF COST TO BE BORNE BY THE COUNTY OF HAWAII That the County of Hawaii and Board of 'dater Supply shall not be required tc bear any part or portion of the cost of said improvements . Key. Iv _g_ File No _..._.�. M. B. No ••■■.., Da+J,:....5E2 Z 1902........ vi . AREAS TO BE ASSESSED AND I;ETHOD AND MAXII',NN RATE OF ASSESSMENT A. That the entire cost of the improvements within "IMPROVEMENT DISTRICT NO. 1 - WAIOHINU," Kau, Hawai i , including the construction of paved streets , a storm drainage system, the installation of a water system, fire hydrants, off-site work, appurtenant and incidental work, engineering, surveying, incidentals, inspection, overhead cost, legal notice , advertising, sale of bonds , debt service charge, cost of assessment and collection, and all general expense not otherwise provided ( but excluding the said street rights of way, which shall be dedicated.) , shall be provided by general assessment on an area basis at a rate not to exceed $0. 12024 per square foot according to the area of and against all of the assessable lands within the limits of the before described district. B. That all of the area within said improvement district shall be subject to assessment, excepting the area for streets, a portion of the area of the golf course (Lots B and C) , the area for commercial development (Lot F) , and remnant areas not presently being subdivided for residential lots (Lots G and H) , all as shown on Exhibit II of said Petition and incorporated herein by reference . That more specifically, the area to be assessed is the area of the lots to be assessed having frontage on the streets to be improved and assessed to a depth equal to the depth of residential lots, or approximately 1110 feet, more or less . The net total assessable area is approximately 12,700,019 square feet, Kea. N . _..,....... File No ......,... M. B. No Dat.,e:._. SEP_.. 5 1932_ and to be hereafter more exactly determined as to each portion of land within said improvement district and the respective assessment therefor. C. That the assessments shall be payable in one payment or in twenty (20) equal annual installments, with interest on the unpaid installments at the rate of six per cent (6a) per annum. VII . FINAL REPORT OF CHIEF ENGINEER A. That the Chief Engineer of the Department of Public Works, County of Hawaii , is hereby requested and directed to determine and specify with particularity all of the matters and things requisite or proper for the full performance and completion of the work in accordance with the terms and intent of this resolution and to prepare a corrected map of said Improvement District showing the streets to be improved and the separate parcels of land abutting thereon with the area thereof, and showing the exact location of all improvements, together with final plans, drawings, details and specifications for the entire work; all in such form as will readily permit and encourage genuine competition between contractors in so far as the materials specified will permit of such competition, and in such form that the same may be used as the basis of calling for bids for the entire work under two contracts ( as defined below) , and further to submit the same to this Board for its airY roval . -10- rtes. 1\w. -' File No. ......_. M. B. No B. That the first contract of said two contracts shall cover the final plans, drawings, details and specifi- cations required to effect the clearing of the site of said improvements to the extent necessary for the survey work and other preliminary work required before the final plans, drawings, details and specifications can be prepared for the remainder of the work. The remainder of the work shall be covered by the second contract. The said Chief :Engineer is hereby requested and directed to submit to this Board for its approval the final plans, drawings, details and specifications for the work covered by the said first contract, as expeditiously as is practicable , so that the first contract can be immediately let out to bid and be awarded and completed in order to make possible the preparation and submission of the final plans, drawings, details and specifications covering the remainder of the work. VIII . FINAL REPORT OF BOARD OF WATER SUPPLY A. That the Board of Water Supply, County of Hawaii , is hereby requested to furnish final detail plans and specifi- cations for the water system for said Improvement District, beginning at the Board of water Supply four inch pipeline near the junction of the South Point Road and td;amalahoa Highway and thence running across private land to the Improve- ment District and including the water system within said and Improvement District,/ including plans and specifications for adequate and appropriate pipes , service, laterals, fittings, valves, valve boxes, hydrants and other appurtenances ( including reservoirs and booster pumps) necessary for supplying and -11- File No ....__.,, M. B. No r� distributing the water supply for said Improvement District, all in such form as will readily permit and encourage genuine competition between contractors in so far as the materials specified will permit of such competition, and in such form so the final plans and specifications so furnished by said Board of '.rater Supply may be used as the basis for the calling for bids for such water system in its entirety under one contract, and further to submit same to this Board for its approval . B. That the Chief Engineer of said Department of Public Works is hereby requested and directed to furnish said Board of Water Supply with such copies of the final surveys, maps, and plans covering said Improvement District, as required in Paragraph VII hereof, other than for such water system, as may be necessary to enable said Board of Water Supply to prepare the final plans and specifications for such water system. Dated at Hilo, Hawaii , this 23rd day of August 1962 . BOARD 01? SUPERVISORS COUNTY OF HA.`v1AII T iOI S K COO CHAI RI-IAN AND EXECUTIVE OFFICER RATIFIED: September 5, 1962 r,- -12- ,+7y 1; Res. N e .--.-....+w File No �_.......;.., M. B. No m)4.4,7. SAP i , Aue.ust 22, 1962 aes. fc).2) r. Thompson :lanager-Engineer Board of hater :2upp1y Comity of hawaii nawaii Dear Lr. Thompson: As requested by the Count:k, Attorney, I am transmittiLg to you a certified colr.y of Hesclution 1:o. 593, which creates and estailishes "improveyaent District ia. 1 - aioninuu in the District of :(s_au, County of Very truly yours, d.a.r8aret -.Kaaua COULTI CLI,RK Enclosure August 2.1:0 1962 hes. !;93 Toshio Inaba Chief IA ineer Count of hawaii hilo, hawaii Dear r. Inata: As requested qty the County Attorney, I am transmitting to you a. certified copy of esolution im. ,..h1ch creates an6 establishes "imrrovement Listrict 1 - AaioLinu" in tte Tistrict of County of hawaii. Very trulz, yours, harLaret h. :_aaua COULTY CLI1.14 k Enclosure c: er 6, 1962 es. fs,3 Carter, hresident , ark Twain Estates 46 F2. Camino 'neal. I'elmont, California Gidter: oclosinv for your information a certified coN. of Lesolatioa as riAifiec the Lord of ''..uprvii,:ors at its helc 1962, 'Imixovement '271strict a . . - Lrti1 :/ours, Earjaret iCaaua c2uaY GLERX: k Enclosure