HomeMy WebLinkAboutCOM 0075.001 2012-2014 M,..., Lincoln S.T. Ashida
William P. Kenoi
• ^„�y�i_�%�; '; Corporation Counsel
Mayor •ice "s.��'•
Katherine A. Carson
+e ∎7' Assistant Corporation
•ATE .
.. .' ,
Of - Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
333 Kilauea Avenue,2n°Floor. Hilo, Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622
January 30, 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: David G. Wilkinson and Kimiko Wilkinson
TMK: (3) 7-6-002:034
Transmitted for your use is the revised resolution together with the exhibit accepting the
subject grant of easement located at Puapuaa 1st and 2" and Holualoa 1st and 2nd,North Kona to
the County of Hawai`i.
This resolution (Resolution No. 38-13, Comm. No.75) was originally placed on the
Committee on Finance agenda for January 22, 2013. At that meeting, after comments from
members of the committee, I indicated that I will amend the first line of the third WHEREAS
clause to clearly indicate that the Wilkinsons will be giving the grant of easement at no cost to
the County. This change is described below and we respectfully request that the change be
incorporated in a Draft 2 for the Council's approval.
The specific change in Ramsayer format is as follows:
WHEREAS, the Wilkinsons have agreed to grant an easement at no cost
to the County, delineated on Exhibit"A” attached hereto, that authorizes, allows
and permits the County of Hawai`i ("County")to utilize, maintain and repair the
installed catch basin/drywell on their property, for public purpose[at no cost to the
County]; and
Comm. No 75'
Hawaii County is an Equal Opportunity Employer and Provider Ref.
Ref.Date_JAN 3 0 2.01x.
J Yoshimoto, Chairman, and Council Members
January 30, 2013
Page 2
Please feel free to contact me if you have further questions. We thank the Council for its
attention to these details.
Sincerely ,_-----�
JOSEPf ELAMELA
Senior Deputy Corporation Counsel
JKK:fc
Enclosures
c w/encs. William P. Kenoi, Mayor
.4oJM`y C/..
COUNTY OF HAWAII '�'���''�1* STATE OF HAWAII
.M
RESOLUTION NO.
RESOLUTION AUTHORIZING THE GRANT OF EASEMENT FOR DRAINAGE
PURPOSES AT PUAPUA'A 1sT AND 2ND AND HOLUALOA 1sT AND 2ND, DISTRICT
OF NORTH KONA, COUNTY AND STATE OF HAWAII, TAX MAP KEY: (3) 7-6-
002:034 TO THE COUNTY OF HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, David G. Wilkinson and Kimiko Wilkinson, hereinafter referred to as
"Wilkinsons", are the owners of Lot 2-A, situated at Puapua`a 1st and 2nd and Holualoa 1st and
2nd, District of North Kona, County and State of Hawai`i, identified as Tax Map Key: (3) 7-6-
002:034; and
WHEREAS, as part of the Mamalahoa Highway Earthquake Repairs, County Project
No. P-3780, it was determined that to minimize runoff to downstream properties, the installation
of a catch basin/drywell on the subject property is needed; and
WHEREAS, the Wilkinsons have agreed to grant an easement at no cost to the County,
delineated on Exhibit "A" attached hereto, that authorizes, allows and permits the County of
Hawai`i ("County")to utilize, maintain and repair the installed catch basin/drywell on their
property, for public purpose; and
WHEREAS, the Department of Public Works, Planning Department and the Department
of Water Supply have no objections to the granting of the easement; and
WHEREAS, the Department of Environmental Management had no comment to the
granting of the easement as it does not involve its facility; and
WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the
Council, on behalf of the County of Hawai`i, may accept gifts or donations of real property; now,
therefore,
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, the County of
Hawai`i accepts the grant of easement delineated on Exhibit"A" attached hereto, from the
Wilkinsons.
BE IT FURTHER RESOLVED that a letter of appreciation and a copy of this
resolution be sent to David G. Wilkinson and Kimiko Wilkinson, P. O. Box 370, Holualoa,
Hawai`i 96725, acknowledging this generous donation.
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to:
(1) Mayor William P. Kenoi; (2) the Department of Public Works; and (3) Office of the
Corporation Counsel.
Dated at , Hawai`i, this day of , 2013.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii EOFF
FORD
I hereby certify that the foregoing RESOLUTION was by ILAGAN
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA
County of Hawai'i on
KERN
ONISHI
ATTEST: POINDEXTER
WILLE
YOSHIMOTO
Reference:
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO.
2
• .
t
• 347' 00'-.- T
./ aa�c \ift%••347' 0 0' cP RUE ND 4'` - 34? 00'
/ 5.39 10'
• _ L _, .3 �
` s •
$ . EASEMENT D--1 i
• (For Drainage Purposes)
�. 375 Sq. Ft.
::.(fit)
+, �: (28- (20.37) n. I I
:. 167' 00' 97.88 ° 7. r LOT 11 ■
Varous Owners
'..'' 4tlwrotU RM. No. 1"A • INSET�
4
�0 9 FEET ip 7,0 + 1i
• GRAP C SCALE ! ,
14 tar 4.,
) n Screen Easement (No
+ i Vehicular Aeass Permitted)
r
TxK: 7-5-15: 1 its
EASEMENT D-1 1.• f
Koyako Yaauda Trust •
Owner t (See Inset) t .
• r 1 i-∎ 9 V 01' I
' 411 Ski 3.48 ►.
•
7• ..._` i
EOM-25 8 187 00' --- 97.85 4S 4g -'
2A.92 .1✓S E �.-..-.........-.J .
133 11
"Usakuois ILA Ns. t-m • MA ALAHOA HIGHWAY 30.21
To Poloni Junction (NORTH 'KONA BELT ROAD) . 7o Holua,aa .4011 B.JA(
A. LICENSED 'L
PROFESSIONAL I .LAND
i: 8: * SURVEYOR
David dr Kirniko Wilidnsan No.11868
P.O. Box 370
Hake/too, HI 96725 yl*AII.U.Pr
• . This work was prwpered by me
, or under ray sup.rMmisr+.
Fur � {
qp 1Qa .
1 — �0— ir-.-. 4/30/14
GRAPHIC SCALE
Oala at the Llaartea ,
ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII
SUNNIITTED Br: - EASEMENT D-1
(For Drainage Purposes)
DATE ... tisin�'a Portion of Lot 2-A
Beim also Portions of R.P. 8716, LC. Aw. 4887
019A5i0N CWEF to Th¢mas Sam, R.P. 7819. LC. Aw. 8859--B,
RP ..':. icimli jinii,
lip. 8 to W.C. Wnatfto. and RP. 4475. LC. Asr. 7713, - ■
it, Ap. 43 to V. Karnarnotu i
ais �fr at Puapuaa 1st and 2nd. and Hoivaloa 1st and 2nd
North Kona. land of Hawaii. Hawaii
DIRECTOR _ PLAN 8Y: TJ , 1 DRAWN BY: TJ rrA7E: 9/25/2012
Tax' Mop Key. (3rd Div.) 7;-6-002 034
EXHIBIT A
•