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Home My WebLink AboutRES 104 Draft 01 2014-2016COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 104 15 RESOLUTION AUTHORIZING THE ABANDONMENT AND SALE OF THAT CERTAIN PARCEL, TAX MAP KEY (3) 2-1-009:037 SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, TO HOKU KAI BIOFUELS, LLC. WHEREAS, the County of Hawaii ("County") is the owner of the remnant parcel situated at Waiakea, District of South Hilo, County and State of Hawaii, Tax Map Key (3) 2-1-009:037 which encompasses approximately 733 square feet near the Hilo Wharf acquired by Deed dated July 25, 1945, a copy of which is attached as Exhibit A; and WHEREAS, Hoku Kai Biofuels, LLC, has acquired interest in the fuel pipeline running from the State of Hawaii Department of Harbors through the County's 733 square foot parcel to the State of Hawaii Department of Transportation through to the Kalaniana`ole Avenue tank farm; and WHEREAS, the County's 733 square foot parcel contains a portion of the fuel pipeline, vault, and valve system, therefore any conveyance of this parcel should include the perpetual covenant that reasonable access be granted to any entity authorized by the State of Hawaii to use this fuel pipeline; and WHEREAS, the Departments of the County have no use for this remnant parcel which poses a risk to the County should fuel from this pipeline, vault or valve system leak; and WHEREAS, real property tax appraisal of the parcel is at $4,837.80; and WHEREAS, the County finds that this parcel is economically and physically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size, and shape, and by definition is a remnant parcel in accordance with Section 2-110, Hawaii County Code; and WHEREAS, pursuant to Section 2-111 of the Hawaii County Code, the Council may direct the Director of Finance to dispose of real property in fee simple; 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; and WHEREAS, the adjacent landowner expressed that it is not interested in this parcel due to the environmental liability it poses; and WHEREAS, pursuant to Section 2-118(d), Hawaii County Code, disposition costs may be added to the sales price; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the remnant parcel located in Waiakea, District of South Hilo, consisting of approximately 733 square feet, as depicted on Exhibit "A," is declared to be abandoned and otherwise discontinued use, that it is physically and economically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape, and is hereby declared a remnant parcel as set forth in Section 2-110, Hawaii County Code, and pursuant to Hawaii County Code Sections 2-111 and 2-118, authorizes the Director of Finance to dispose of this parcel by sale to Hoku Kai Biofuels, LLC without recourse to public auction. BE IT FURTHER RESOLVED, that the conveyance to Hoku Kai Biofuels, LLC contain a perpetual covenant that reasonable access be granted to any entity authorized by the State of Hawaii to use this fuel pipeline. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor William P. Kenoi; (2) Director of Finance; (3) Craig T. Masuda, Deputy Corporation Counsel, Office of the Corporation Counsel; and (4) Hoku Kai Biofuels, LLC. Dated at Hilo , Hawai`i, this 1st day of April , 2015. INTRODUCED BY: COUNCIL MEMAOR, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on April 1, 2015 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE Reference: C-168/FC-13 RESOLUTION NO. 10 4 15 AYES NOES ABS EX CHUNG X DAVID EOFF X ILAGAN X KANUHA X ONISHI X PALEKA X POINDEXTER WILLE X 8 0 1 0 Reference: C-168/FC-13 RESOLUTION NO. 10 4 15 "� 2'iii IIiD$1�'1'�il '::nadr this das.of July, A.D. 1945, ' ,a }Fbd #ACTIixC CHEMICAL ANDMIMIZER COMPANY, a corporation? doing business under the Iawa of the Territory of Hawaii, here- attk� inaftdr called the Grantor, and`the COUNTY OF HAWAII, a municipal ;'corporation duly organized and exisVing under and by virtue'of Che`lewd of the Territory of Hawaii, hereinafter .called the Grantee; WITNESSETH• That the Grantor, for and in consideration of ONE HMRDD DOLLARS "100.00) paid by the Grantee, the receipt whereof is hereby acknowledged, and other valuable consideration, does heroby give; grant, bargain, sell, and convey unto the Grantee., ; its successors and assigns, in fee simple forever, that certain piece or parcel of land situate at the corner of"Kalanianeole Avenue and Kuhio .Rlaarf Goad, in Hilo, County anc Territory of Ii.awali, and more particularly described as follows: Beginning at a point at the Southwest corner of this parcel of land and•on the North side of Kalanianaole Street, :the coordinates of 'said point of beginninE referred to Govern- ment Survey Triangulation' Station "HALAI" being 4046.37 feet North .and 14,703.50 feet East, thence running; by azimVths measures; clockwise from true South: 1. ''180° 00, 36.72 feet along the East side' Hawaii Consolidated Railway right-of-way; 2. 2980 03, - 42.90 feet t9 a point -on the North side of Kalanianaole Street;. 3. 630 54r 42.16 feet along the North side or Kalarlansole Street to the point of beginning and, Containing an area of 733 Square Feet. TO HAVE.AND TO HOLD the above parcel of land, together with all.the tenements, hereditaments 'and appurtenances there- unto belonging, or in anywiae appertaining, and the reversion and.'reversions, remainder and remainders, rants, issues and. profits,theroof; and also all the estate, right, title and..in -1- terost, at law and in equity therein or'therato, to the proper use, benefit, and behoof of the Grantee, its successors and. " MID assigns, forever. And,in consideration aforesaid, the Grantor, its successors and assi,ns, does horehy covenant to and with the Granton, its successors and assigns, that at•the time of the execution lie roof, the Grantor Is aell rind traily seized of a free and unencumbered estate In tee simple in 9nd to the whole of the lana and pro+nises s.Cor_sa:i.d; that it has ,cod rif-ht and lawl,ul auti;ority to convey " the $a e as ):e:^in; ti ;at it ;vill forever warrant and defend the title UO the whole er"nn;; portion tl:er•eof hereby conveyed a+;alnst the la^+1':1 claims of all persons. the Ys Cl_ Tc Crr ji,Yli7nT .:I:J 1',_.�1'ILIr._a tYa:se presents to be executed by its proper of?'icer; tiaercunto ruly authorized on the day anti year first above rml.tten. PACT: 11;r\C!?:Z':jGjj -!CID pi'$ s :dent__ ss tan '..Vreasurer Or. *' ^ s 25th d:a;; of Jal;: , 19•.5, ba', ore .me personally F. .e5:'ud J. T. PTIILLIPS and G. B. 34 to me kno •,n', who, bcln�; by me du y sworn, cad salat MeTare ti,e yresi.ient and AssisT'ant.Treasurer respectively, of, i':".C: is ..'i�'"TC.+1. ..illi ;.+1"Iii_rn C:T,:e'lLIc�', a r_orptrution dein business under t.ho laws cr u e :er: iLorr of aarrull; that :l:c seal st'fixod to nald instruient is Lha corporate seal cf ZUG c:orpera- ti,Cn; t':at sa:t.d ins r'z,er,t ass ai„ned and sealed in u :x.11' of said ccr::oratici: b;: UULIYor-itY of its :iourd of Directors, r:na s^id J. T. PHT” I,IPs and r.. R. HAY!?S _ acicno�:leil�;ed s�3_ insErumeriL to 1,c the free act an c.eed d corporation. NO y ub110, FXYst Judicial ' C� ruui t, 1'er.t•i Lorg of iinwai.i . ".y com.ission expires June 30, 1949. Motored of Record this 8th day of August A. D. 1945 at 1:28 a, cloak P.;j. u&l ca,,�narod. Mark. N. Huckestein, Regtstrar'of Conveyanoas. By Clark