HomeMy WebLinkAboutRES 220 Draft 01 1992-1994OFFICE INFORMATION ONLY
Meeting: Human Services and Public Works Committee (no meeting date)
Action: Close file per HSPWC Chair—11-03-95
Re: Res. 220-94 (Comm. 1046) (1992-1994)
COUNTY OF HA"E. STATE OF HAWAII
RESOLUTION N0. 220 94
RESOLUTION RELATING TO ABANDONMENT OF GOVERNMENT ROAD IN ONOMEA.
WHEREAS, that segment of roadway known as the "Old
Government Road" and sometimes referred to as the "Jeep Trail"
at Onomea, South Hilo, Hawaii that leads from the Mamalahoa
Highway to the banks of the Onomea Stream at Tax Map Key Nos.
(3) 2-7-09:02 and (3) 2-7-10:22 has into disuse, partially
fallen away, continues to erode and fall down the cliff into the
sea, and is therefore no longer safe nor usable for
transportation purposes for the general public; and
WHEREAS, available evidence, especially the so-called
Loebenstein survey map of 1889, indicates that this road was a
public highway prior to the enactment of the Highways Act of
1892; and
WHEREAS, title to such roads laid our prior to 1892, have
become vested in the government under the doctrine of the
Application of Kelley, 50 Haw. 567 (1968); and
WHEREAS, this road is not under the jurisdiction -of the
State Department of Transportation and, is therefore a County
highway pursuant to Hawaii Revised Statutes Section 264-1; and-
WHEREAS, all County highways once established, continue
until vacated, closed, abandoned or discontinued by resolution
of the Council; and
WHEREAS, Sections 2-114 through and including 2-120 of the
Hawaii County Code authorize the disposal of remnant roadways by
sale, exchange and/or lease; and
WHEREAS, it is the public interest of the County of Hawaii
that due to the safety concerns caused by the erosion of the
roadbed,.pursuant to Hawaii Revised Statutes Section 115-3.5 and
Hawaii County Code Sections 2-114 through and including 2-120,
an appraisal be made to determine the fair price for purposes of
sale or exchange for the above-described road and that said
price be placed before the County Council for its approval by
resolution prior to completion of the sale or exchange;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL.OF THE COUNTY
OF HAWAII, that said portion of road extending from the
Mamalahoa Highway to the banks of the Onomea Stream at Tax Map
Keys (3) 2-7-09:02 and (3) 2-7-10:22 is hereby abandoned and
discontinued as a County highway.
BE IT FURTHER RESOLVED that the Chief Engineer is to
initiate proceedings to dispose of said property in fee simple,
pursuant to the provisions of the Hawaii County Code by first
-2-
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h'
determining a reasonable sale price based upon an appraised
value, and present this matter to the County Council for final
approval of the terms of exchange or sale.
Dated: Hilo, Hawaii, this day of
1994.
INTRODUCED BY:
COUNCIL MEMBER, 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
ATTEST:
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
0929L -3-
110
ROLL CALL VOTE
AYES I NOES I ABS EX
Reference C-1 046 /NS&PWC
RESOLUTION NO. 220 :5