HomeMy WebLinkAboutRES 295 Draft 01 2010-20124�+1V OF P"
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 295 12
RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF THAT
CERTAIN DRAINAGE DITCH RIGHT-OF-WAY, TAX MAP KEY (3) 4-4-008:064
(POR.), SITUATED AT KALOPA HOMESTEADS, IN THE DISTRICT OF HAMAKUA,
COUNTY AND STATE OF HAWAII, SALE OF A PORTION OF SAID RIGHT-OF-
WAY TO ANNE OLSON, AND ACQUISITION AND ACCEPTANCE OF NON-
EXCLUSIVE DRAINAGE EASEMENT AND ACCESS EASEMENT.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the County of Hawaii, owns the drainage ditch right-of-way identified as
Tax Map Key: (3) 4-4-008:064 (see Exhibit "A" attached hereto); and
WHEREAS, this drainage ditch right-of-way crosses over Tax Map Key: (3)
4-4-008:019, owned by Anne Olson, and Tax Map Key: (3) 4-4-008:018 (Lot 75-A), owned by
Lloyd and Julia Soehren; and
WHEREAS, the Department of Public Works has determined that the drainage ditch
right-of-way does not function as a channel for runoff and in fact there is a natural course of
water runoff along the boundary of Tax Map Key: (3) 4-4-008:019, and Ms. Olson has agreed to
sell to the County in the form of a fifteen (15) feet wide non-exclusive drainage easement and
access easement over TMK (3) 4-4-008:019; and
WHEREAS, Anne Olson, owner of Tax Map Key: (3) 4-4-008:019, has expressed a
desire to acquire that portion of the drainage ditch right-of-way, TMK (3) 4-4-008:064 (por.),
that crosses her property (see Exhibit "A" attached hereto); and
WHEREAS, Lloyd and Julia Soehren were notified and provided an opportunity to
express their interest in purchasing that portion of the drainage ditch right-of-way, TMK (3) 4-4-
008:064 (por.), that crosses their property, TMK (3) 4-4-008:018, but the County received no
response; and
WHEREAS, the County of Hawaii finds that the portion of the drainage ditch right-of-
way that crosses over Tax Map Key: (3) 4-4-008:019, 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, 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; and
WHEREAS, as a condition of the sale of this portion of the drainage ditch right-of-way
from the County to the owner of TMK (3) 4-4-008:019, the County Council is requiring the
property owner to sell to the County a fifteen (15) feet wide non-exclusive drainage easement
(approximately 0. 143 acres) as depicted on Exhibit "A" as "D-1 ", and a fifteen (15) feet wide
non-exclusive access easement (approximately 0.026 acres) as depicted on Exhibit "A" as "E-1";
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
portion of the drainage ditch right-of-way, TMK (3) 4-4-008:064 which crosses over TMK (3) 4-
4-008:019, 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 or the Director of Public Works to dispose of that portion of the drainage ditch right-of-
way, TMK (3) 4-4-008:064 which crosses over TMK (3) 4-4-008:019, as depicted on Exhibit
"A," by sale to the landowner of TMK (3) 4-4-008:019, without recourse to public auction,
subject to the following: 1)Anne Olson to sell to the County a fifteen (15) feet wide non-
exclusive drainage easement (approximately 0. 143 acres) as depicted on Exhibit "A" as "D-1
and a fifteen (15) feet wide non-exclusive access easement (approximately 0.026 acres) as
2
depicted on Exhibit "A" as "E-1"; and 2) buyer to consolidate the remnant TMK (3) 4-4-008:064
(por.) with her property within one year.
BE IT FINALLY 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 A. Garson; and (4) Anne Olson, P.O. Box 26, Ninole, Hawaii 96773.
Dated at Hilo , Hawai`i, this 19th day of September , 2012.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
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 September 19, 2012
ATTEST:
KK
COUNTY CLERK CHAIRPERSON & PRESIDING FICER
3
ROLL CALL VOTE
Reference: C-814/FC-248
RESOLUTION NO. 2 5 1.2
AYES NOES ABS EX
BLAS
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
9 0 0 0
Reference: C-814/FC-248
RESOLUTION NO. 2 5 1.2
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