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Home My WebLink AboutCOM 0062.001 2012-2014 ,•S+SV OF H,k•\ Lincoln S.T.Ashida • `. Corporation Counsel William P. Kenoi r/ . ��`�1'�'',°,'• 1', Mayor ;�•' ;��.�/, :•� s•r_ Jr Katherine A. Garson •\�, * Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 333 Kilauea Avenue,2nd Floor • Hilo,Hawaii 96720 • (808)961-8251 • Fax(808)961-8622 January 7, 2013 J. Yoshimoto, Chairman, and Council Members :: Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i 96720 Dear Chairman Yoshimoto and Council Members: Re: Trustees of the Queen Lili'uokalani Trust(Resolution No. 318-12, Comm. 62) Located at Keahuolu, North Kona, Island, County and State of Hawaii (Grant of Easement—Conveying Wastewater from Kealakehe Sewage Pump Station to the Kealakehe Wastewater Treatment Plant) TMK: (3) 7-4-008:002 Please disregard our previous transmittal letter dated January 2, 2013, designated Comm. 62 regarding the referenced Resolution No. 318-12. The Exhibit"A" sent with Comm. 62 failed to correct all typographic errors. Transmitted for your use is a further revised Exhibit "A" for a revised resolution accepting the subject Grant of Easement located at Keahuolu,N. Kona to the County of Hawai`i. Other proposed changes (unchanged from Comm. 62) are recited below in this letter. This resolution (Resolution No. 318-12, Comm. No. 898) was originally placed on the Council agenda for December 19, 2012. At that meeting the Council postponed the matter until the January 9, 2013 Council meeting, to allow for the following revisions: (1) Clearer language stating that the easement is for the use of the subject property; and (2) Correction of typographical error in the spelling of"Keohokalole" in the easement survey description. These changes, plus one non-substantive TMK typographical error correction, are described below. We respectfully request that those changes be incorporated in a Draft 2 for the Council's approval. Comm.No z' Hawaii County is an Equal Opportunity Employer and Provider I Ref.To: P C- Ref.Date IAN 0 9 2013 Letter to J Yoshimoto, Council Chairperson and Council Members January 7, 2013 The specific changes in Ramseyer format are as follows: 1. In the first recital "Whereas"paragraph, delete an extraneous "0" from the TMK plat number, and add "(the "subject property")" as follows: WHEREAS, the Trustees of the Queen Lili`uokalani Trust is the owner of certain premises described in Exhibit A, and depicted on Exhibit B attached hereto, located at Keahuolu, North Kona, County and State of Hawai`i, identified as TMK No. (3) 7-4-[0]008:002 (the "subject property"), upon, under and through which the County currently owns, operates and maintains sanitary sewer pipelines, equipment, structures and other related facilities (hereinafter"sewer facilities") for the purposes of conveying wastewater from the Kealakehe Sewage Pump Station located in Kailua-Kona, Hawaii to the Kealakehe Wastewater Treatment Plant located in Kealakehe, Hawai`i for the purposes of providing secondary wastewater treatment; and 2. In the second recital "Whereas" paragraph, add"for use of portions of the subject property for wastewater and sewer purposes" as follows: WHEREAS, the Trustees of the Queen Lili`uokalani Trust desire to grant the County of Hawai`i the sewer easements for use of portions of the subject property for wastewater and sewer purposes as described in Exhibit A, and depicted on Exhibit B attached hereto; and 3. In the third recital "Whereas" paragraph, add"for use of portions of the subject property for wastewater and sewer purposes" as follows: WHEREAS, the Department of Environmental Management recommends the acceptance of the said sewer easements for use of portions of the subject property for wastewater and sewer purposes; and 4. In the first "Be it resolved"paragraph, add "for use of portions of the subject property for wastewater and sewer purposes" as follows: BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, and Chapter 21 of the Hawaii County Code, the County of Hawai`i finds that it is in the public interest to accept, and hereby accepts, the grant of easement for use of portions of the subject property for wastewater and sewer purposes for all of the sewer facilities found on the subject premises described in Exhibit A and depicted on Exhibit B attached hereto. 2 Letter to J Yoshimoto, Council Chairperson and Council Members January 7, 2013 5. Replace the existing Exhibit "A" with the enclosed new Exhibit "A"which corrects typographical errors in "Keohokalole." Enclosed is a copy of a location map and the revised Exhibit"A" with corrected spelling of"Keohokalole". Please contact the undersigned if you have further questions. We thank the Council for its attention to these details. Very truly yours, / Jan 7 2013 1:59 PM IVAN M. TORIGOE Deputy Corporation Counsel IMT:ch Enclosures c w/encs: Mayor William Kenoi 3 Easement S-2 For Wastewater and Sewer Purposes Affecting A Portion of Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole At Keahuolu, North Kona, Hawaii, Hawaii Beginning at the Northwest corner of this easement, situated on the Southerly side of the Government I! Lands of Kealakehe, the coordinates of said point of beginning referred to Government Survey Triangulation I Station "North Meridian" being 6,199.21 feet North and 7.321 .74 feet West. and thence running by azimuths measured clockwise from True South. 1. 256" 49' 22" 26.07 feet along the Southerly side of the Government Lands of Kealakehe; 8; 8, _. 3' 18' 46�, 7��.v�, ieet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 3. 337" 26' 60.17 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 4. 345" 22' 30" 203.67 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. I2 to A. Keohokalole; 5. 343° 20' 247.36 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 6. 339° 37' 30" 47.00 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 7. 357` 03' 30" 63.02 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; -5- 73-5574 Maiau Street,Suite 11 Planning Kailua-Kona,HI 96740 Engineering Telephone 808 329-4494 4 Environmental Services Fax 808 329-4495 Photogrammetry eMail rmtowlll @hawaiirrcom R. M. TOWILL CORPORATION Surveying Construction Management Exhibit A 8. 354° 18' 999.57 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 9. 347° 27' 30" 37.78 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 10. 354° 18' 33.60 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 11. 1° 08' 30" 37.78 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 12. 354° 18' 346.99 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 13. 338° 48' 2035.81 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 14. 295° 21' 501.73 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 15. 340° 21' 35.36 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 16. 115° 21' 536.69 feet along the Northerly side of State Park, Governor's Executive Order 2876, being also R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 17. 158° 48' 2049.18 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 18. 174° 18' 351.89 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 19. 181° 08' 30" 37.78 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; —2— 73-5574 Maiau Street,Suite 11 - Planning Kailua-Kona,HI 96740 I Engineering Telephone 808 329-4494 ��I Environmental Services Fax 808 329-4495 Photogrammetry eMail rmtowill @hawaii.rr.com R. M. TOWILL CORPORATION Surveying Construction Management S I N C E 1 9 3 0 20. 174° 18' 30.61 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 21. 167° 27' 30" 37.78 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 22. 174° 18' 1001.67 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 23. 177° 03' 30" 59.79 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 24. 159° 37' 30" 43.97 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 25. 163° 20' 248.62 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 26. 165° 22' 30" 202.38 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 27. 157° 26' 64.18 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole; 28. 183° 18' 46" 781.21 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Ap. 12 to A. Keohokalole, to the point of beginning and containing an area of 3.112 Acres. A f- T. t I;' / PROF.. v\ Y\ I w R. M. TOWILL CORPORATION c a " No. Description Prepared b l'inAkai P ,/ nv)^.7`- 4/30/14 73-5547 Maiau Street, Suite 11 RyanPM. Suzuki Expiration Date Kailua-Kona, Hawaii 96740 Licensed Professional Land Surveyor December 15, 1998 Certificate Number 10059 —3— 73-5574 Maiau Street,Suite 11 -' Planning Kailua-Kona,I-II 96740 ' Engineering Telephone 808 329-4494 ��`' Environmental Services Fax 808 329-4495 Photogrammetry eMail rmtowill @hawaii.rr.com R. M. TOWILL CORPORATION Surveying Construction.Management S I N C E 1 9 3 0