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Home My WebLink AboutRES 243 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 243 UO RELATING TO THE EXCHANGE OF REAL PROPERTY LOCATED AT KEAUHOU, DISTRICT OF NORTH KONA, COUNTY OF HAWAII FOR REAL PROPERTY LOCATED AT HONOHONONUI, DISTRICT OF SOUTH HILO, COUNTY OF HAWAII; TO THE QUITCLAIM CONVEYANCE OF THE KEAUHOU SEWAGE COLLECTION SYSTEM LOCATED AT KEAUHOU, DISTRICT OF NORTH KONA, COUNTY OF HAWAII; TO THE GRANTING OF SEWER LINE EASEMENTS INCOUNTY-OWNED ROAD RIGHTS- OF-WAY LOCATED AT KEAUHOU, DISTRICT OF NORTH KONA, COUNTY OF HAWAII; AND TO THE QUITCLAIM CONVEYANCE OF, AND THE GRANTING OF EASEMENTS FOR, THE KAHALUU BEACH PARK SEWAGE PUMPING STATION AND APPURTENANT FORCE MAIN. WHEREAS, Resolution No. 466-92 of the County Council, adopted June 17, 1992, directed the County Director of Finance to (i) negotiate the exchange of the County of Hawaii's fee simple interest in and to the Heeia Wastewater Treatment Plant site, located at Keauhou, Kona, identified as TMK:(3)7-8-10:37 (the "Heeia WTP") for the grant of a sewer line easement from the Trustees of the Estate of Bernice Pauahi Bishop at Honohononui, South Hilo, through real property identified as TMK:(3)2-1-13:146 and 147 (the "Bishop Estate real property"), and (ii) to submit to the County Counci] for its approval and consent the negotiated terms, conditions and documents of conveyance; and WHEREAS, Resolution No. 154-93 of the County Council, adopted February 9, 1994, directed the County Director of Finance to terminate negotiations for the exchange of the Heeia WTP for an easement through the Bishop Estate real property and to hold such negotiations in abeyance until pending litigation related to the matter was settled; and WHEREAS, the action entitled Keauhou Master Homeowners Association. et al v. County of Hawaii et al., Civil No. 95-006K, Third Circuit Court, State of Hawaii (the "lawsuit"), has been settled by the parties; and WHEREAS, in settlement of the lawsuit the County of Hawaii has agreed to: (i) complete the above-mentioned exchange, without charge to the Trustees of the Estate of Bernice Pauahi Bishop, (ii) convey by quitclaim bill of sale to Keauhou Community Services, Inc., a Hawaii corporation ("KCS"), all right, title and interest that the County of Hawaii may have, if any, in and to the Keauhou sewage collection system (consisting of gravity mains, force mains, sewage pumping stations and appurtenances) located at Keauhou, North Kona, without charge to KCS, (iii) grant sewer line easements to KCS for the Keauhou sewage collection system facilities located within County-owned road rights of way at Keauhou, North Kona, without chazge to KCS, (iv) to convey by quitclaim bill of sale to KCS all right, title and interest that the County of Hawaii may have in and to the Kahaluu Beach Park sewage pumping station and appurtenant force main, without chazge to KCS, and (v) grant an easement to KCS for the area within Kahaluu Beach Pazk occupied by the Kahaluu Beach Pazk sewage pumping station and appurtenant force main, without charge to KCS. NOW THEREFORE, be it Resolved by the County Council of the County of Hawaii as follows: 1. The exchange of the County of Hawaii's fee interest in the Heeia WTP site for the grant of the sewer line easement through the Bishop Estate real property from the Trustees of the Estate of Bernice Pauahi Bishop, anon-profit organization, is approved and consented to, without charge to said Trustees. -2- 2. The conveyance by quitclaim bill of sale to Keauhou Community Services, Inc., a Hawaii corporation ("KCS"), of all right, title and interest that the County of Hawaii may have, if any, in and to the Keauhou sewage collection system (consisting of gravity mains, force mains, sewage pumping stations and appurtenances) located at Keauhou, North Kona, is approved and consented to, without charge to KCS. 3. The grant of sewer line easements to KCS for the Keauhou sewage collection system facilities located within County-owned road rights of way at Keauhou, North Kona, is approved and consented to, without charge to KCS. These easements may include, but not be limited to, easements covering the following Keauhou sewage collection system facilities referred to in that certain October 15, 1999 R.M. Towill Corporation Memorandum to Price Okamoto Himeno & Lum: (1) No. 1 -Sewer Line 8-B (2) No. 3 - Kahaluu Sewer Force Main (FM); (3) No. 8 -Sewer Line 1-B; (4) No. 9 -Sewer Force Main 6; (5) No. 10 -Sewer Line 3-B; (6) No. 11 -Sewer Line 4-B; (7) No. 12 -Sewer Line 3-A; (8) No. 13 -Sewer Line 11-A; (9) No. 17 -Sewer Line SA; (10) No. 18 - Heeia Force Main; -3- (11) No. 21 - Hoei Gravity Sewer Line; (12) No. 24 -Force Main, Keauhou Sewage System Phase II; (13) No. 25 -Gravity Sewer Lines, Keauhou Sewage System, Phase II; (14) No. 26 -Keauhou Shopping Village Offsite Sewer Line; (15) No. 27 -Sewer Line A, Keauhou Resort, Phase II Infrastructure System; (16) No. 28 -Sewer Line B, Keauhou Resort, Phase II Infrastructure System; (17) No. 31 - Makolea Street Gravity Sewer Line; and (18) No. 33 - Alii Drive Sewer Improvements Phase 2A. 4. The conveyance by quitclaim bill of sale to KCS of all right, title and interest that the County of Hawaii may have in and to the Kahaluu Beach Park sewage pumping station and appurtenant force main is approved and consented to, without charge to KCS. 5. The grant by the County of Hawaii to KCS of an easement for the area within Kahaluu Beach Pazk occupied by the Kahaluu Beach Park sewage pumping station and appurtenant force main is approved and consented to, without charge to KCS. 6. The documents of conveyance necessary to accomplish the foregoing, copies of which were submitted by the Corporation Counsel by letter dated , 1999 (Communication No. )are approved and consented to, and the Mayor is authorized to execute and deliver the same on behalf of the County of Hawaii. -4- 7. The County Clerk shall transmit copies of this resolution to the Keauhou Master Homeowners Association, Trustees of the Estate of Bernice Pauahi Bishop and Keauhou Community Services, Inc. Dated at Hilo, Hawaii, this day of , 2000. Introduced by: Ci Council Member, County of Hawaii a:KMHA: KIC-WTP Council Reso 3-00 COUNTY COUNCIL ROLL CALL vOTE County of Hawaii AYES NOES ABS EX H110, H3Wa11 ARAKAKI CHUNG 1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF the vote indicated to the right hereof adopted by the COUNCIL of the )ACOBSON County of Hawaii on LEITHEAD-TODD ATTEST: PISICCHIO SMITH TYLER YAGONG COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Reference: C-~39 RESOLUTION NO. 24'3