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Home My WebLink AboutRES 129 Draft 02 2012-2014 ''''',,,,,,,, , COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 129 13 (DRAFT 2) RESOLUTION (1) ACCEPTING THE DEDICATION OF LOTS 108, 109, 111 AND 112 ON FILE PLAN 2463 BEING TAX MAP KEYS: 7-3-063:012, 013; 7-3-064:021, 022, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAII AND STATE OF HAWAII, FROM KOHANAIKI SHORES LLC; (2) AUTHORIZING THE GRANTING OF AN EXCLUSIVE EASEMENT TO KOHANAIKI SHORES LLC OVER LOTS 108 (POR.), 109, 111 AND 112 ON FILE PLAN NO. 2463 AND TAX MAP KEYS 7-3-063:012 (POR.), 013; 7-3-064: 021, 022, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAII; AND (3) ACCEPTING A GRANT OF PUBLIC ACCESS EASEMENT FROM KOHANAIKI SHORES LLC BEING A PORTION OF GRANT 3086 TO KAPENA AFFECTING LOT 107 AND A PORTION OF ROAD LOT A OF THE SHORES AT KOHANAIKI RESORT SUBDIVISION AS SHOWN ON FILE PLAN NO. 2463, AND A PORTION OF GRANT 2942 TO HULIKOA,AFFECTING A PORTION OF PARCEL 4 BEING TAX MAP KEY 7-3-009:016 (POR.); 7-3-063:011, 014 (POR.) SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAII AND STATE OF HAWAII, FROM KOHANAIKI SHORES LLC. WHEREAS, Kohanaiki Shores LLC ("KOH") is the owner of Lots 108, 109, 111 and 112 which contain areas of approximately 38.139 acres, 63.240 acres, 3.050 acres and 1.648 acres, respectively, on File Plan 2463 being Tax Map Keys: 7-3-063:012, 013; 7-3-064:021, 022, respectively, situated at Kohanaiki, District of North Kona, Island and County of Hawai`i, State of Hawai`i, as delineated on Exhibit "A" attached hereto; and WHEREAS, pursuant to the Good Faith Agreement Re Kohanaiki dated August 13, 2003 ("Good Faith Agreement"), conditions 11 and 12 of Special Management Area Use Permit No. 439 dated December 1, 2003 ("SMA No. 439"), and in accordance with Condition "S" of Ordinance No. 88-159 effective November 7, 1988, KOH has constructed certain public park facilities and is desirous of dedicating the above referenced lots inclusive of certain easements, encumbrances and reservations to the County of Hawai`i for public park purposes; and WHEREAS, pursuant to Hawai`i County Code Section 2-162.1 the County of Hawai`i Planning Department, Department of Public Works, Department of Parks and Recreation, Department of Water Supply, Department of Environmental Management and Real Property Tax Office have been consulted, performed all necessary inspections, and recommend approval and acceptance of the dedication; and WHEREAS, pursuant to the Good Faith Agreement, and SMA No. 439, KOH is to retain an exclusive easement to operate and maintain a golf course and golf safety zone, and a resident's beach facility; and WHEREAS, in compliance with and pursuant to the terms of the Good Faith Agreement and SMA No. 439, the County Council finds substantial reason to grant an exclusive easement to KOH without resort to public auction, over Lots 108 (por.), 109, 111 and 112 on File Plan No. 2463 and Tax Map Keys 7-3-063:012 (por), 013; 7-3-064:021, 022, situated at Kohanaiki, District of North Kona, Island and County and State of Hawai`i, as depicted in Exhibit "B" attached hereto inclusive of certain easements, encumbrances and reservations; and WHEREAS, KOH is the owner of a portion of Grant 3086 to Kapena affecting Lot 107, Road Lot A on File Plan 2463, and a portion of Grant 2942 to Hulikoa, affecting a portion of Parcel 4, said lots being further shown on Tax Map Keys 7-3-009:016 (por.); 7-3-063:011, 014 (por.), Third Division, being situated at Kohanaiki, District of North Kona, Island and County of Hawai`i, State of Hawai`i; and WHEREAS, pursuant to the Good Faith Agreement, conditions 11, 12, 14 and 33 of SMA No. 439 and in accordance with the Kohanaiki Public Access Plan approved by the Planning Department on October 19, 2004 ("Public Access Plan"), KOH has constructed an access road to the public park from Queen Ka`ahumanu Highway and is desirous of dedicating a public access easement over Lot 107, and a portion of Road Lot A of the Shores at Kohanaiki Resort Subdivision as shown on File Plan No. 2463, and a portion of Grant 2942 to Hulikoa, affecting a portion of Parcel 4, as depicted on Exhibit "C" attached hereto; and WHEREAS, 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; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds that it is in the public interest to accept such dedications and easement and grant the exclusive easement all as described herein. BE IT FURTHER RESOLVED that in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, Hawai`i County Code Section 2-162.1, the Good Faith Agreement and SMA No. 439, that the County of Hawai`i (1) accepts the dedication of Lots 108, 109, 111 and 112 which contain areas of approximately 38.139 acres, 63.240 acres, 3.050 acres and 1.648 acres, respectively, on File Plan 2463 being Tax Map Keys: 7-3-063:012, 013; 7-3-064:021, 022, situated at Kohanaiki, District of North Kona, Island and County of Hawai`i, State of Hawai`i, as delineated on Exhibit"A" inclusive of certain easements, encumbrances and reservations; (2) Grants an exclusive easement to KOH without resort to public auction, over Lots 108 (por.), 109, 111 and 112 on File Plan No. 2463 and Tax Map Keys 7-3-063:012 (por.), 013; 7-3-064:021, 022, situated at Kohanaiki, District of North Kona, Island and County and State of Hawai`i as depicted on Exhibit"B" inclusive of certain easements, encumbrances and reservations; and (3) accepts the grant of the Public Access Easement over Lot 107, and a portion of Road Lot A of the Shores at Kohanaiki Resort Subdivision as shown on File Plan No. 2463, and a portion of Grant 2942 to Hulikoa, affecting a portion of Parcel 4, being a portion of Tax Map Key 7-3- 009:016 (por.); 7-3-063:011, and 7-3-063:014 (por.) as depicted on Exhibit"C". 2 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to: (1)the Honorable William P. Kenoi, Mayor of the County of Hawai`i; (2) the Department of Public Works; (3) the Planning Department; (4) the Department of Parks and Recreation; (5) the Department of Water Supply; (6)the Department of Environmental Management; (7) Corporation Counsel Lincoln Ashida; and (8) Steven Lim, Esq., Carlsmith Ball LLP, 121 Waianuenue Ave., Hilo, Hawai`i 96720 Dated at Kona , Hawai`i, this 18th day of June , 2013. INTRODUCED BY: _ COUN MEMBER, C OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EOFF X FORD X I hereby certify that the foregoing RESOLUTION was by ILAGAN X the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawaii on June 18, 2013 X KERN X ONISHI X ATTEST: POINDEXTER X (( t4"(.-"L WILLE X YOSHIMOTO X { 8 0 1 0 Reference: C-308.3/waived PWPRC OUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 129 13 (DRAFT 2) 3 •;*.' : 1 I , 1 I 1 i .;1:4., • ____.1. i,..., ,1 • ---, • / '‘, N I, k-,...2..% .. \ .. . ,....-.- --..,-.,-, ,,, . c•-...--, • g,:.1- ,t.„,t.,,-.,i, ° 10 '2.':; ti."••••',,;,'.+4,,,_. ''.4:TIP ': ' .'' ' ' ) i il i 1 4 ,*,:' ' 4;!;,i1%:•: •,,, 4,,,* 1.;M',.1. 1;.,,;141". • ill !'''' /AP,.■ii.',"';'''''.:.'' 2‘it'-:.7— • .2 U."-t. ,T, ..,' :'■t. •P..i.,,. • :,'''''' ' i ...g'.ti tii t 1 t t tflittVI, Y,••■.4"' , i., V■'.,.. ,C(1.;:::. :'' -4.4-- , -4.-zi ... •>. ; t!, t PA I ;"Itiitt fif fIrtby I i • ' .;)''' r;iVitc:1,1;”; !W..i. g2tilW, ;i8101iiii I 1111HffillilligAir. (It2 ;.; Ohliiiillilhil EXHIBIT "A" tkas>'a�,-- x: - '' i i-II'_yam. ' t PPRRIR RRR. i`1I9I;9§ §§§ -7 § I S i YI8 Bos;o r:3 3 S''.? '92 R i-A, ,d 1 Y Y 9 .. „t I IK j c o', ILIA Y, Y .J ).�.. r. _ ,,; .�- t�vy:'” 1,` //-7-7 _'_%.. f*,.., 54 .: ` - • / t V , `_ I 1 , 4 Alk ,,i•,. r T I� I,rte/�� II .. ilf m a..- ° s f `• l ' . r - 1/ .� -f � 7._- / •., /' i `\' / '/;. '/sue l,, y. ,.is-' ,- y; y;v \ a ,,y,', /, !41 \ *7 \'f iR- 2. m sr �1\ y p-- m y i I i f' \ IUtl0N anal `1 ° .2� i EXHIBIT"B" ....... . .... .... r--- cr° z x Ill P.: 119 U.. , tIA : 1 ; 1 I V -1-'ail., ) ".1 C:1 •' ■-.0 t•'°'. , < w• ;.',, I 1..- s.. V, / Z Z.1., i i Ili .3 1/ ujil Eie • ... I 2 ' . , '-•;,`\ ' ■ .:- .—, , 1 s't s • - ''‘I ' Z‘:. C') • ' • i...s; _ , t) ' 's- i .., N,.. .. . . ..,- , ,... ' crs4 - 2 ' tr) ' . .. k.i 44 1 14 • 1s *•. i....: 0 \\ •w' , L'U 'tc tki t\\ ' • P 00. c. , 1 ' -3, r , ' o/ ' • LL .'t.. • ,u • *• , .. • ' X c C11 • . •%1 . ....„..„ . ._______ .... EXHIBIT "C"