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Home My WebLink AboutRES 633 Draft 01 2016-2018 .,oJ"ty oc H�/y COUNTY OF HAWAII ..,. ....,,g.,::.;.:-.,i_._. *.• . �'''�:��'� ' STATE OF HAWAII +r i, 7 Mai '''' 31 RESOLUTION NO. 633 11 A RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO A LICENSE EASEMENT AGREEMENT WITH THE • STATE OF HAWAII, DEPARTMENT OF HAWAIIAN HOMELANDS, PURSUANT TO HRS § 46-7, FOR THE COUNTY OF HAWAII TO ACCEPT A LICENSE EASEMENT FOR A PORTION OF "MANA PLACE" OVER AND THROUGH THE PROPERTY IDENTIFIED AS TMK NO. (3) 6-4-004:057 WHEREAS, the State of Hawai`i, Department of Hawaiian Homelands (hereinafter "DHHL") owns a fee simple interest in the property identified as TMK No. (3) 6-4-004:057 (hereinafter "Property"); and WHEREAS, the roadway identified as "Mana Place" goes over and through the Property as shown on Exhibit 1 and described in Exhibit 2, true and correct copies of which are attached hereto; and WHEREAS, DHHL is authorized by Section 207 of the Hawaiian Homes Commission Act, 1920, as amended, to grant licenses and easements; and WHEREAS, the County presently maintains the portions of Mana Place outside of the Property and allows the public to traverse over those portions of Mana Place; and WHEREAS, the public does not presently have a clear right to traverse over the portion of Mana Place over and through the Property, although it is necessary to use that portion of Mana Place to access certain residential properties; and WHEREAS, DHHL has proposed granting the County a license easement for the portion of Mana Place over and through the Property to provide a clear right for the public to traverse over this portion of Mana Place and to also allow for the County's maintenance of this portion of Mana Place; and WHEREAS, pursuant to Hawai`i Revised Statutes Section 46-7, this Council's consent is required to enter into a license easement agreement with DHHL; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII; in accordance with Hawai`i Revised Statutes Section 46-7, that the Mayor of the County of Hawai`i is authorized to execute, on behalf of the County, a license easement agreement with DHHL, and any related documents, for the County to accept a license easement for a portion of"Mana Place" over and through the property identified as TMK No. (3) 6-4-004:057, as shown on Exhibit 1 and described in Exhibit 2. BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai`i shall transmit a copy of this resolution to (1) the Honorable Harry Kim, Mayor; (2) Deanna Sako, Director, Finance Department, County of Hawai`i; (3) Allan Simeon, Director, Department of Public Works, County of Hawai`i; and (4) Mark K. Yim, Land Agent, Department of Hawaiian Homelands, State of Hawai`i, whose mailing address is P.O. Box 1879, Honolulu, Hawaii 96805. Dated at Kona , Hawai`i, this 25th day of July , 2018. INTRODUCED BY: 4111111111111F".' 401111fr:111,11fth1419 -V. 4°04•••-, COUNCIL ME-" DER, COUNTY OF HA AI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX 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 KANUHA County of Hawai`i on July 95, 2018 X LEE LOY X O'HARA X ATTEST: POINDEXTER X RICHARDS X f RUGGLES X \ 8 0 1 0 ' c17 / Reference: C-970/FC- COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 633 1E1 • • I • . ' _. .... _.,. 1 t. - • . - ' -.. .r iQ� . . • .r.. V ` 0 5 I ' lrP.105,L G.Aa.�b . • . .' -A �, iyacrn s m flaw ....... '...':Ii•l'1•:.::. ' q tia=NW ilmarsormit Pk. �'1 0 2 . 1-�—i ( (1.62) 1o'an' --- 21173 ' . • =wN (2O.lB) £zrs�m�ant 'A' . 0.2 mo.00, -� 2 rise : -.' q• H • '� Ip'Gil' 2%3.86 ,. ! • • lii t . • • LF. n - ��iamwaiaacn.Ld • I • . • I).:.....__,i :1 . i (20.00 FT. 1.1:..) Ft::: r ':1.;;r;.A`i :',':i) UTILITY IU L` .:5 • • • L\:•;L) c:-: 11 i'. O =;t, SIDE CS ?•4A::: ROAD . 1'DL' I :-VD 1•,'A'.•..�',, E.JTIi ;:12.-'t,L'\, ISt__Zi CCC: ti„';.�II, }L•;i':•\II r�l , 1 C: LOT 16 CF Pl.' I u ?AS1URE LOTS (;1;�;.'T r''I f St•tE. IL�:;D) E _-;;--., et the Scut'•,%.est co,::er of this ease^ent on the Northerly side of . - c;: reforred to Go..•cfrr:':en ;ey 'rl l::l:gulr,tion Station ,•n C'.S. 1-:;•.:3'.1" beir.s S^O. :n etNorth -...::d 1,160.39 f cr:•t East ant rur.r ir.g by azi::uths ,.-.1e2.'..7-.. . c1..�':.:ise £ c� t-.:c E:o:.th: . 1. 11;0° CO'. 271.772 feet along re.aa nder of Lot 16 of IL1,:. Pastor:. Lots; . , .2. 23D' 03' 20.00 feet ale the Southerly end of a 20- wide rcacay; 3. 1U' GO' 274.33 feet a10 rt:.;.,it:dcr. of Lot 16 of I.1.:.::: • Past-or:. Lots; . ti 4. 1U'r) 34' 20.15 feet along the Northerly side of ;Mtar.:i • to the (.Dine of beginning .and tor. . an arca of 5,461 square feet. i • _�,;• ,4r,;V, Description Prepared by: . I�_ / �,:r_/sD��'- WI i.LI:\"1 M.F. F, ASSCC I:111S, INC. lu/.• 22cirvoOrr� . • .�;, ,;.,,n li Viri t-.1 01 ) , 1 • <7 S 7-Liz.,_.......,:.„,,,..... , , \ ,4..1 ,111:111i Strict / ,1693 v ' t'.!'2"j' -. Nak-'dela J/ L,$iIdit••• I Ott:c•a I • ,4�?j` /54w Rc'i ,,.crca Professional Sc1»�yar i;c,r:.'.'u1u, 1?::t.'ti i?r,:;i-i tl• . Cert ificato.. Nt.a1ber 36'')3 EXHIBIT "2" 4110 411) • • SUBJECT, HOWEVER, to Easement "A-1" (15-ft. wide for road and and utility purposes) , being more fully described as follows: • EASEMENT "A-1" (15-feet wide for road and utility purposes) 'Being a portion of Lot 16--D Being also a portion of Lot 16 Of Puukapu Pasture Lots (Hawaiian Home Land) • Situated at Puukapu, Waimea, South Kohala Island of Hawaii, Hawaii DESCRIPTION • Beginning at the south corner of this easement parcel and on the northerly side of Mana Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 590.48 feet North and 1, 160. 90 feet East, thence running by azimuths measured clockwise from True South: 1. 107° 34' 7. 62 feet along Mana Road; 2. 104° 38' 34. 58 feet along Mana Road; 3. Thence along the remainder of Lot 16-D, along a curve to the left with a radius of 25.00 feet, the chord azimuth and distance being: 237° 19' 36. 76 feet; • 4. 190° 00 ' 243. 01 feet along the remainder of Lot 16-D; 5. 280° 00 ' 15 . 00 feet along RoyalPatent 7 7 65, Land Commission Award 4210, Apana 2 to Kalua; 6. 10° 00 ' 271. 73 feet along the Easement "A" to the point of beginning and containing: an area of 4,224 • •Square Feet. • • LOT 16-D - Page 2 of 4 Pages INABA ENGINEERING,INC. CIVIL&STRUCTURAL ENGINEERING—LAND SURVEYING 273 Waianuenue Avenue•Hilo,Hawaii 96720 Telephone:(808)961-3727 410 • SUBJECT ALSO, to Easement "A-2" (15-ft, wide for road and utility purposes) being more fully described as follows: • EASEMENT "A-2" (15-feet wide for road and utility purposes) Being a portion of Lot 16-D Being also a portion of Lot 16 " Of Puukapu Pasture Lots (Hawaiian Home Land) Situated at Puukapu, Waimea, South Kohala Island of Hawaii, Hawaii DESCRIPTION Beginning at the south corner of this easement parcel and on the northerly side of Nana Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 574 . 54 feet North and 1,211.27 feet East, thence running by azimuths measured clockwise from, True South: 1 . 107° 34' 32. 65 feet along Mana Road; 2. 190° 00 ' 274.38 feet along the Easement "A" ; 3. 280° 00' 15. 00 feet along Land Patent 8445, Land Commission Award 4218, Apana 2 to Kaohimaunu; 4. 10° 00 ' 258.86 feet along the remainder of Lot 16-D; 5. Thence along the remainder of Lot 16-D, along a curve to the left with a radius of 20. 00 feet, the chord azimuth and distance being: 328° 47 ' 26. 36 feet to the point of beginning and containing an area of 4,193 Square Feet. LOT 16-D Page 3 of 4 Pages INABA ENGINEERING,INC. CIVIL&STRUCTURAL ENGINEERING—LAND SURVEYING 273 Waianuenue Avenue•Hilo,Hawaii 96720 Telephone;(808)961-3727 • 1110 • . 4110 • SUBJECT ALSO, to a 5-feet wide future road widening setback along Mana Road and Easement "A", as described in Liber 17784 Page 384. . �Q.C� z• 1Nge INABA ENGINEERING, INC. • Q. REGISTERED PROFESSIONAL C/ "-wY" LAND SURVEYOR 273 Waianuenue Ave. No.5626 Alan Z. aba 'Hilo, Hawaii_ 96720 y P' Registe ed Professional Land August 12, 1993 -14,414 ‘3.' Surveyor, Certificate No. 5626 • • • • • LOT 16-D • Page 4 of 4 Pages p:,r r5 i gar 1;scour rs.USC INABA ENGINEERING,INC. CIVIL&STRUCTURAL ENGINEERING—LAND SURVEYING F B 11 i 2 r a 1 • 273 Waianuenue Avenue•Hilo,Hawaii 96720 Telephone:(808)961-3727