HomeMy WebLinkAboutRES 232 Draft 01 2012-2014 fi
COUNTY OF HAWAII `=4 Z """' *- STATE OF HAWAII
RESOLUTION NO. 232 13
RESOLUTION AUTHORIZING THE ABANDONMENT OF PORTIONS OF VARIOUS
SLOPE AND DRAINAGE EASEMENTS ON TMKS (3)2-5-061-093; 2-5-061-094; 2-5-061-075;
2-5-061-034; 2-5-006-002 TO THE UNDERLYING FEE SIMPLE PROPERTY OWNER,
SITUATED IN THE DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the County of Hawai`i intends to transfer ownership and maintenance of the
Puainako Extension to the State of Hawai`i; and
WHEREAS,the County of Hawaii acquired the following Slope Easements and Drain
Easements (hereinafter collectively referred to as "Slope and Drain Easements") located along the
Puainako Extension from Brilhante-Hawai`i, Inc.:
Tax Map Key Easement Description
(3)2-5-061-093 Slope Easement 73-A-3
(3) 2-5-061-094 Slope Easement 72-A-4
Slope Easement 73-A-3
Drain Easement 73-A-1
(3) 2-5-061-075 Slope Easement 72-A-2
(3)2-5-061-034 Slope Easement 34-A-2
Slope Easement 34-A-3
Slope Easement 35-A-2
Drain Easement 34-A-1
(3) 2-5-006-002 Slope Easement 36-A-2
Slope Easement 37-A-1
Slope Easement A-2-F
Slope Easement A-2-D; and
WHEREAS, the State of Hawai`i subsequently required that the County of Hawaii acquire
additional area for the Right-of-Way for the Puainako Extension, which Right-of-Way encompassed a
portion of,but not all of the Slope and Drain Easements; and
WHEREAS, the State of Hawai`i has indicated that the remaining portions of the Slope and
Drain Easements outside of the Right-of Way are no longer needed for the maintenance of the
Puainako Extension; and
WHEREAS,the remaining portions of the Slope and Drain easements outside of the Right-of-
Way that are no longer needed are shown with hatch marks on the map attached as Exhibit A hereto;
and
WHEREAS, all County of Hawai`i departments and agencies have no objection to abandoning
those portions of the Slope and Drain Easements indicated with hatch marks on the map attached in
Exhibit A; and
WHEREAS, the County of Hawai`i finds that the portions of the Slope and Drain Easements
indicated with hatch marks on the map attached in Exhibit A are economically and physically
unsuitable or undesirable for development or utilization as a separate unit by reason of their location,
size and shape, and by definition is a remnant in accordance with Section 2-110, Hawai`i County
Code; and
WHEREAS, all easements, once established, continue until vacated, closed, abandoned or
discontinued by resolution of the Council; 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; 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; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
portions of the Slope and Drain Easements indicated with hatch marks on the map attached in Exhibit
A are declared to be abandoned, that they are physically and economically unsuitable or undesirable
for development or utilization as a separate unit by reason of its location, size and shape, and are
hereby declared a remnant as set forth in Section 2-110, Hawai`i County Code, and pursuant to
Sections 2-111 and 2-118 of the Hawaii County Code, authorizes the Finance Director or the Director
of Public Works to dispose of the portions of the Slope and Drain Easements indicated with hatch
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marks on the map attached in Exhibit A to the underlying owner of the fee simple parcel upon which
those easements are located.
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 Garson; and(4)Brilhante-Hawaii, Inc., 1342 Kilauea Avenue, Hilo, Hawai`i 96720.
Dated at Hilo , Hawai`i, this 18th day of December , 2013.
INTRODUCED BY:
COUNCIL M MBER, OUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii 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 X
County of Hawai`i on December 18 , 2013
KERN X
ONISHI X
ATTEST: POINDEXTER X
WILLE X
1 YOSHIMOTO X 9 0 0 0
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Reference: C-533/PWPRC-31
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 232 1
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