HomeMy WebLinkAboutRES 553 Draft 01 2014-2016 .'JM[V Of/y,�1
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COUNTY OF HAWAII -•���' /�•- STATE OF HAWAII
RESOLUTION NO. 553 16
RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
NEGOTIATE A MULTI-YEAR LEASE OF REAL PROPERTY, OLD
WAIMEA TAX OFFICE, SITUATE AT WAIMEA, SOUTH KOHALA,
COUNTY AND STATE OF HAWAII, IDENTIFIED AS TAX MAP
KEY: (3) 6-7-02:25, TO THE WAIMEA PRESERVATION
ASSOCIATION
WHEREAS, pursuant to Executive Order No. 3818 (a copy of which is attached
hereto as Exhibit "1") setting aside land for public purposes, the County of Hawai`i has
control and management of real property known as the Old Waimea Tax Office, Tax Map
Key: (3) 6-7-02:25, situate at Waimea, South Kohala, County and State of Hawai`i,
consisting of 31,652 square feet, described in Exhibit "A" and Exhibit "B" attached hereto,
for elderly activities programs, public service and cultural activities; and
WHEREAS, the Waimea Preservation Association, a non-profit organization,
desires to negotiate a multi-year lease of the Old Waimea Tax Office, for use as a historical
resource center, initiating, sponsoring and collaborating with other community
organizations, groups and committees, encouraging community awareness in Waimea's
rich cultural heritage; and
WHEREAS, Article 19, Section 2-120 (a) (2) of the Hawai`i County Code,
provides that the Council of the County of Hawai`i may, by resolution approved by a
majority of members, direct the Finance Director to negotiate the disposition of real
property by leasing it to nonprofit organizations, at such rentals and on such terms and
conditions as deemed proper; and
WHEREAS, Article 19, Section 2-120 (b) provides such lease of real property to
nonprofit organizations may be made without notice or appraisal as required in Chapter 2,
Article 19 of the Hawaii County Code; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,
that under Chapter 2, Article 9, Section 2-120 (a) (2) of the Hawaii County Code, the
Director of Finance is hereby authorized to negotiate a multi-year lease (with renewal
options for additional terms) with the Waimea Preservation Association, a nonprofit
organization, without notice or appraisal, for the Old Waimea Tax Office, Tax Map
Key: (3) 6-7-02:25, situate at Waimea, South Kohala, County and State of Hawai`i; and
BE IT FURTHER RESOLVED that the monthly rental amount shall be in
accordance with the Minimum Rent Policy for New Dispositions of the State of Hawai`i
Department of Land and Natural Resources.
BE IT FURTHER RESOLVED that the Honorable William P. Kenoi, Mayor of
the County of Hawai`i is hereby authorized to execute said lease agreement on behalf of
the County of Hawaii following its approval by the Council as noted herein.
2
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to:
(1) Mayor William P. Kenoi; (2) Finance Director Deanna Sako; (3) Deputy Corporation
Counsel J Yoshimoto; and (4) the Waimea Preservation Association.
Dated at Hilo , Hawai`i, this 3rd day of August , 2016.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF i
X _ _
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawaii on August 3, 2016 X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X _
WILLS X
v
Reference: C-925/FC-70
C UNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 5'53 16
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LAND COURT SYSTEM ) REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
Total Number of Pages:
Tax Map Key No. (3) 6-7-02:25
FROM: STATE OF HAWAII
BOARD OF LAND AND NATURAL RESOURCES
TO: COUNTY OF HAWAII, a municipal corporation
25 Aupuni Street
Hilo, Hawaii 96720
EXECUTIVE ORDER NO. 3 8 8
SETTING ASIDE LAND FOR PUBLIC PURPOSES
BY THIS EXECUTIVE ORDER, I, the undersigned, Governor
of the State of Hawaii, by virtue of the authority in me vested
by Section 171-11, Hawaii Revised Statutes, and every other
authority me hereunto enabling, do hereby order that the public
land hereinafter described be, and the same is, hereby set aside
for the following public purposes:
FOR ELDERLY ACTIVITIES PROGRAMS, PUBLIC SERVICE, AND
CULTURAL ACTIVITIES, to be under the control and management of
County of Hawaii, a municipal corporation, being that parcel of
PRET M,APPP,'D.
Doportmen$o!the
Anomey General
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
P.O.COX 621
HONOLULU.HAWAII eee09
EXHIBIT "1"
land situate at Waimea, South Kohala, Island of Hawaii, Hawaii,
and identified as follows:
"Portion of the Government (Crown) Land of Waimea, " situate
at Waimea, South Kohala, Island of Hawaii, Hawaii,
containing an area of 31, 652 square feet, together with four
buildings, in "as is" condition, more particularly described
in Exhibit "A" and delineated on Exhibit "B, " both of which
are attached hereto and made parts hereof, said exhibits
being respectively, a survey description and survey map
prepared by the Survey Division, Department of Accounting
and General Services, State of Hawaii, both being designated
C.S.F. No. 22, 896 and dated August 25, 1999.
SUBJECT, HOWEVER, that: .
1. Upon cancellation of this executive order and/or
in the event of non-use or abandonment of the
premises or any portion thereof for a continuous
period of one (1) year, for any reason whatsoever,
the County of Hawaii shall, within a reasonable
time; restore the premises to a condition
satisfactory and acceptable to the Department of
Land and Natural Resources, State of Hawaii.
2. The County of Hawaii shall beresponsible for
compliance with all applicable statutes,
ordinances, and rules and regulations of the
federal, state, and County of Hawaii governments.
3. The County of Hawaii shall comply with any and all
requirements of Chapter 343, Hawaii Revised
Statutes, as amended.
4. The County of Hawaii shall indemnify, defend, and
hold the State of Hawaii, Department of Land of
Natural Resources, harmless from and against any
loss, liability, claim, or demand for property
damage, personal injury, and death arising out of
any act or omission of the County of Hawaii under
this executive order, or related to or connected
with the granting of this executive order.
5. In the event that any unanticipated sites or
remains, such as shell, bone or charcoal deposits,
human burials, rock or coral alignments, pavings,
or walls, are encountered during construction, the
County of Hawaii shall stop work immediately and
2
PRELIM.APPR'D.
Deportment of the
Attorney Genere)
-.....- DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
V.O.BOX 621
wnry i x i. .uw.tl 416801
contact the State Historic Preservation Division
at (808) 587-0047.
6. The County of Hawaii shall submit any renovation
plans to the Chairperson of the Board of Land and
Natural Resources for review and approval prior to
commencement of any work activity.
SUBJECT, FURTHER, to disapproval by the Legislature by
two-thirds vote of either the Senate or the House of
Representatives or by majority vote of both, in any regular or
special session next following the date of this Executive Order.
IN WITNESS WHEREOF, I have hereunto set my hand
and cause. the Great Seal of the State of waii to be affixed.
Done at aCapitol
at Honolulu this T' ._ day of
, 2000.
Or
Gover of the tate f Hawaii
APPROVED AS TO FORM:
---W-49"Ze-e:4-. Vaieta--11—
Deputy Attorney General
Dated: 911 17 2 2oco
eosa\coh\elderlyproq.\tmk(3)6-7-02:25.pkm
< .APPR>' 3
Deportment of the
Attorney General
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
P.O.90X elf
w.w....w....w e.r.n
STATE OF HAWAII
Office of the Lieutenant Governor
THIS IS TO CERTIFY That the within is a true copy of
Executive Order No. 8 I. 8 setting aside land for public
purposes, the original or which is on file in this office.
IN TESTIMONY WHEREOF, the Lieutenant
Governor of the State of Hawaii, has
hereunto subscribed her name and caused
• the Great Seal of the State to be affixed.
At • ee...... /ertio
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DONE in onolulu, this ! "e day of
A.D. 2000
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PRELIM.APPR'D.
Deportment of the
�t omey Generol
DEPARTMENT OF LAND AND NATURAL.RESOURCES
LAND DIVISION
P.O.pox al
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STATE OP HAWAII
SURVEY DIVISION
22896 Dom.OF ACCOUNTING AND GENERAL SERVICES August 25, 1999
cs.I.n. NON__
PORTION OF
THE GOVERNMENT(CROWN)LAND OF WAIMEA '
Waimea, South Rohsla,Island of Hawaii, Hawaii
Beginning at the west corner of this parcel of land, at the north corner
of Waimea Elementary and Intermediate School Lot, Governor's Executive Order
•
2954 and on the southeast side of Mamalahoa Highway, the coordinates of said point
of beginning referred to Government Survey Triangulation Station "WEST BASE"
being 2513.29 feet South and 2217.91 feet West, thence running by azimuths
measured clockwise from'True South:-
1.
outh:1. 232° 15' 112.28 feet along the southeast side of Mamalahoa
Highway;
2. Thence along Deed: State of Hawaii to County of Hawaii dated April 29, 1998
and recorded as Document No. 98-078407
on a curve to the right with a radius of
30.00 feet, the chord azimuth and distance
being:
277° 15' 42.43 feet;
3. 322° 15' 48.00 feet along Deed: State of Hawaii to County of
Hawaii dated April 29, 1998 and recorded
as Document No. 98-078407;
4. 232° 15' 17.39 feet along Deed: Slate of Hawaii to County of
Hawaii dated April 29, 1998 and recorded
as Document No. 98-078407;
5. 322° 15' 117.50 feet along Grant 5183 to A.T.K. Parker;
6. 39° 29' 155.73 feet along R.P. 5671, L.C.Aw. 8521-B, Ap. 1
to G. D. Hueu;
PRELIM APPR'D.
Deportmentthe
Attorney General -1- EXHIBIT "A" .
22,896 August 25, 1999
C.J.F.N°.
7. t40° 18' 30' 230.04 feet along Waimea Elementary and
Intermediate School Lot, Governor's
Executive Order 2954 to the point of
beginning and containing an AREA OF
31,652 SQUARE FEET.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
•
By: �"' • rc,.,
Glenn I.Kodant
Land Surveyor Sm
Compiled from data fum.by
County of Hawaii,
CSFs 17633, 17634,22656
and other Govt. Survey
Records.
TMK: 6.7-02
•
•
PRELIM APPR'D.
Deportment of the
Attorney Generol -2-
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MAMALAHOA HIGHWAY ,(4,45./.
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2513.29 S
2217.91 W w . .; state of Nwo"a
�� BASE* to County of Hawaii doted April 29, 1998
---To Kona and recorded us Doc. Hoo. 98-078407
5)
232'15' -- 112.28 (c s.F. 22,656)
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w 232'15' 17.39 0
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31 ,652 SQ. FT. a ,�
W�? Government 2! A
u,ti (Crown) Land A
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• 39.29' , IF_________j
111
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�� a 8521 -8. AP°^O 1 ;O (,.0•
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R p, 5671.• \..C• .warm l
(...".-EUM APPP.'C
Deportment oftte PORTION OF
\(gGenerct THE GOVERNMENT (CROWN) LAND OF WAIMEA
\` Waimea, South Kohala, Island of Hawaii, Hawaii
Scale: 1 inch = 40 feet
J08 H-13(98) REDUCED NOT TO SCALE
a ex. . � I
SURVEY DIVISION EXHIBIT "c"ruc kw s- -OT DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
C.S.r. NO. 22.896 I STATE OF HAWAII I JO. Aug. 25. 1999
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