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Home My WebLink AboutRES 428 Draft 01 2014-2016COUNTY OF HAWAII STATE OF HAWAII ,yM1'o HAY RESOLUTION NO. 428 16 A RESOLUTION ACCEPTING A BILL OF SALE FOR ROADWAY IMPROVEMENTS INSTALLED ON TMK: (3) 2-4-001:178 FOR MOHOULI SENIOR PHASE 1, DISTRICT OF HILO, ISLAND AND COUNTY OF HAWAN, STATE OF HAWAII FROM MOHOULI SENIOR PHASE I LLLP, A HAWAVI LIMITED LIABILITY LIMITED PARTNERSHIP. WHEREAS, on March 27, 2009, by Executive Order 4271 and pursuant to I1RS Section 171-11, the Governor of the State of Hawaii set aside and transferred the control and management of that certain property situated in Waiakea, District of South I filo, Island and County of Hawaii, being a Portion of Remainder Lot of Waiakca Pasture Land. identified as "Road Lot" with 'I MIC: (3) 2-4-001:178. also referred to as Kupuna Place, and hereafter referred to as the "Property", as described in Exhibit "A" and delineated on Exhibit "B" attached hereto and incorporated by reference herein, to the County of Hawaii for the public purposes of roadway purposes; and WHEREAS, Mohouli Senior Phase I LLLP, a Hawaii Limited Liability Limited Partnership (hereinafter "Mohouli"), is the leasee of TMK: (3) 2-4-001:177 from the County- which is adjacent to the Property and Mohouli Street, and as such will use the Property to access the leased parcel. In order to access the leased parcel through the Property. Mohouli has made improvements to the Property consisting of 20-foot wide A.C. pavement with concrete curbs. gutters, sidewalk street lights. drainage improvements, and other improvements thereinafter collectively "roadway improvements"), now installed and in existence on the Property: and WHEREAS, Mohouli wishes to transfer ownership and control of the roadway improvements to the County of Hawaii; and WHEREAS, the roadway improvements have been inspected and approved by the Department of Public Works and found to be in compliance with the provisions of Chapter 23. Subdivisions. of the Hawaii County Code; and WHEREAS. Section 23-10 of the Hawai'i County Code prohibits the Council from laking over any roadway improvements 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 Hawaii County Charter provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the County of Hawaii; now, therefore. BE IT RESOLVED BY THE; COUNCIL OF THE COUNTY OF HAWAN, that in accordance with Article XIII, Section 13-12 of the Ilawai'i County Charter. and Section 23-10 of the Hawaii County Code, that the County of Hawaii hereby accepts the Bill of Sale for the roadway improvements on that certain parcel described in Exhibit "A" and delineated on Exhibit 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) Deputy Corporation Counsel Ronald Kim; and (4) Nakamoto, Okamoto & Yamamoto, Attn: Alan M. Nakamoto, 187 Kapi`olani Street, Hilo, Hawai`i 96720. Dated at Hilo , Hawai`i, this 6th day of April , 2016. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ARS I:X Hilo, Hawai`i 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 Hawaii on -April 6, 2016 KANUHA X ONISHI X A I'TESI': PALEKA POINDEXTER X WILLE X Str- CC4 r DK./ 8 01 0 Reference: C-724/PWPRC,.35 428 16 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. ROAD LOT A Portion of Remainder Lot Waiakea Pasture Land Watakes, South Hilo, Island of Hawaii, Hawaii DESCRIPTION Beginning at south corner of this road lot, being the southeast comer of Lot 2 and on the northerly side of Mohouli Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 4,833.62 feel South and 217.75 feet East, thence running by azimuths measured clockwise from True South: L Following along Lot 2, along a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 209' 39' 14.5" 43.03 feet; 2. 163' 50' 269.21 feet along Lot 2; 3, 253' 50' 50.00 feet along Lot 3; 4. 343' 50' 269.21 feet along Lot 3; 5. Thence along Lot 3, along a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 298' 00' 45.5" 43.03 feet; 6. Thence along Mohouli Street, along a curve 10 the right with a radius o1 1,950.00 feet, the chord azimuth and distance being. 73' 50' 111.71 feet to the point of beginning and containing an area of 0.354 Acre. NOTE: Road Lot subject to flood ZONE A designation. Rotor to Flood Insurance Rate Map, Panel 880 of 939, Community Panel Number 155166 0880 C. Map Revised: September 16, 1988 (Revised to reflect LOMR, Effective Date: Dec. 21, 2006) on file at the Department of Public Works. County of Hawaii. ROADLOT Page 1 of 2 Pages Revised: April 11, 2008 a oUicde..ho0Lbills.k(roadimprovemcots) Exhibit A 1 of 2 273 Waianuenue Ave. Hio, Hawaii 96720 October 24, 2007 Revised: April 11, 2008 ROAD LOT Page 2 of 2 Pages amo`hW,,mohouI, illcelc(roa0improvcmrnu') �,N Z. I/y� o INABA ENGINEERING, INC. BUMEYON N`°� Alen Z. I aba y1lyAIt V. ! Licensed Professional Land Surveyor Certificate No. 5626 Exhibit A 2 of 2 = 3+52.5 I \U/M Ige �Li �\ I Ali •' �� I L ✓ III + �t Exhibit B ummiuiuummuuuuuiummmmmmuuuuuumuumuuumummiammmmmmmmmmmmmmmummmimuuuuuumuiduuuumummuuuuummu�uuuuuiuimuum�iiuuui L ✓ III + �t Exhibit B ummiuiuummuuuuuiummmmmmuuuuuumuumuuumummiammmmmmmmmmmmmmmummmimuuuuuumuiduuuumummuuuuummu�uuuuuiuimuum�iiuuui