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Home My WebLink AboutRES 413 Draft 01 2014-2016 �YY OFh� COUNTY OF HAWAII - •��' %=• STATE OF HAWAII F Of N►.-". RESOLUTION NO. 413 16 A RESOLUTION ACCEPTING A BILL OF SALE FOR SEWER FACILITIES INSTALLED ON TMK NO'S: (3) 7-5-041:054 (POR.), (3) 7-5-042:151 (POR.) AND (3) 7- 5-043:128 (POR.) FOR PUALANI ESTATES SUBDIVISION PHASES 1 AND 2, SITUATED AT PUAPUAAIKI AND PUAPUAANUI, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM D.R. HORTON— SCHULER HOMES,LLC, A DELAWARE LIMITIED LIABILITY COMPANY, dba D.R. HORTON-SCHULER DIVISION. WHEREAS, D.R. Horton— Schuler Homes, LLC, a Delaware limited liability company, dba D.R. Horton-Schuler Division, (hereinafter"Schuler Homes"), is the owner of the sewer system, including all pipelines, valves, valve boxes, sewer manholes, cleanouts, service laterals and other appurtenances attached thereto (hereinafter"sewer facilities") now installed and in existence on those certain parcels of land situated at Puapuaaiki and Puapuaanui, identified as TMK No's: (3) 7-5-041:054 (por.), (3) 7-5-042:151 (por.) and (3) 7-5-043:128 (por.), as described in Exhibit "A" and delineated on Exhibit"B" attached hereto and made a part hereof; and WHEREAS, Schuler Homes is desirous of granting the County of Hawai`i the sewer facilities; and WHEREAS, Section 21-19 of the Hawai`i County Code provides that all sewage works found acceptable by the Director of the Department of Environmental Management shall become the property of the County; and WHEREAS, the Department of Environmental Management has inspected the sewer facilities and found said sewer facilities to be in acceptable condition in compliance with the provisions of Chapter 21, Sewers, of the Hawai`i County Code; and WHEREAS, the Department of Public Works, the Planning Department, the Department of Water Supply and the Department of Environmental Management have no objections to the acceptance of these sewer facilities; and WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from taking over any sewer lines in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the County of Hawai`i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it finds the subject sewer facilities have been completed and inspected thereon and are in full compliance with Chapters 21and 23 of the Hawaii County Code, as certified and approved by all applicable agencies and that it is in the public interest for the County of Hawaii to accept the Bill of Sale. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter and Chapters 21 and 23 of the Hawaii County Code, the County accepts the Bill of Sale for the sewer facilities identified as TMK No's: (3) 7-5-041-054 (por.), (3) 7-5-042-151 (por.) and (3) 7- 5-043-128 (por.), described in Exhibit "A" and delineated on Exhibit "B" for public utility purposes. BE IT FINALLY RESOLVED that the County Clerk shall transmit 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 Department of Environmental Management; (4) Deputy Corporation Counsel Ronald Kim; and (5) D.R. Horton-Schuler Homes, LLC, dba D.R. Horton- Schuler Division, a Delaware limited liability company, Attn: Vanessa Yanagawa, 650 Iwilei Road, Suite 209, Honolulu, Hawai`i 96817. Dated at Kona , Hawaii, this 16th day of March , 2016. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawaii CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by EOFF X the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN X County of Hawai`i on March 16, 2016 KANUHA X ONISHI X ATTEST: PALEKA X POINDEXTER X • WILLS X 8 0 1 0 Reference: C-700/PWPRC-32 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 413 16 Exhibit "A" (Description) PARCEL FIRST: TM K: (3) 7-5-041:054 All of those certain parcels of land situate at Puapuaaiki and Puapuaanui, District of North Kona, Island and County of Hawaii, State of Hawaii, more particularly described as follows: Lot No. Area 133 1.803 acres, more or less 134 42,789 square feet, more or less 135 25,172 square feet, more or less 136 15,160 square feet, more or less 137 24,145 square feet, more or less 138 22,637 square feet, more or less 139 10,548 square feet, more or less 140 36,850 square feet, more or less 141 9,916 square feet, more or less of the map entitled "Pualani Estates Subdivision Phase 1", filed in the Bureau of Conveyances of the State of Hawaii as File Plan No. 2352. PARCEL SECOND: TM K: (3) 7-5-042:151 & (3) 7-5-043:128 All of those certain parcels of land situate at Puapuaaiki and Puapuaanui, District of North Kona, Island and County of Hawaii, State of Hawaii, more particularly described as follows: Lot No. Area 148 17,072 square feet, more or less 149 10,168 square feet, more or less 150 1.150 acres, more or less 151 11,343 square feet, more or less 152 30,800 square feet, more or less 153 23,230 square feet, more or less 154 17,985 square feet, more or less 155 1.407 acres, more or less 156 4,173 square feet, more or less 157 25,959 square feet, more or less of the map entitled "Pualani Estates Subdivision Phase 2", filed in the Bureau of Conveyances of the State of Hawaii as File Plan No. 2416. PARCELS FIRST AND SECOND: Being a portion of the land conveyed to D. R. Horton - Schuler Homes, LLC, a Delaware limited liability company, doing business as Schuler Homes, by Warranty Deed dated February 20, 2002, recorded in the Bureau of Conveyances, State of Hawaii, as Document No. 2002- 031022. END OF EXHIBIT "A" 6 22594/174/1435410.1 \4 \ O=ai C V .4.'� • ‘ z i joy .. .XI 0m Z M 9�� 0 O 7c� XI ampyi? '• Z = m �. �n $� , m Z T m Yc to p D Frl �� l r ��='�q' ',�� TOO f.- LVI , ri 1 .._....... ._ , . . . ..,,,........._ _ , . __ . _ . _,,, _ I. . w [D • M _ . .r .r w w _ DE DS Z cil 91 CD Zi II\ N ` l• W n�ICQ , -.jC _ 4.2 11....4 at I Ctt AAO :C -''',.., W N O A al NI CA EXHIBIT "B"