HomeMy WebLinkAboutRES 461 Draft 01 1969-1972County of Hawaii—State of Hawaii
Resolution No: 461
RESOLUTION CREATING, DEFINING AND ESTABLISHING "IMPROVEMENT DISTRICT NO. 11 -
DISCOVERY HARBOR SUBDIVISION AND ADJACENT LANDS" IN WAIOHINU, DISTRICT OF RAIL,
COUNTY OF HAWAII, AND PROVIDING FOR THE IMPROVEMENT THEREOF.
WHEREAS, by Resolution No. 426, adopted November 17, 1971, the County
Council directed the Chief Engineer of the Department of Public Works to investi-
gate and report to the County Council preliminary data concerning the necessity,
feasibility and method desirable for street, water and street lighting improvements
for and within Discovery Harbor Subdivision and adjacent lands in Waiohinu, District
of Kato, County and State of Hawaii, in accordance with the provisions of Section
3.1 of Ordinance No. 350 of the County of Hawaii, as amended; and
WHEREAS, said Engineer prepared and submitted to this Council a report
thereon, dated November 29, 1971, and filed with the Clerk of the County of Hawaii
on November 29, 1971, showing the necessary preliminary surveys, maps, plans,
drawings, and other data, details and specifications for the proposed improvements,
together with detailed estimates of the probable costs thereof, and showing a
description of the property subject to assessment therefor and the maximum estimated
units of assessment for the improvements, in all respects in the manner, form and
detail as required by law, and as directed in said Resolution No. 426 (1971); and
WHEREAS, by Resolution No. 432, adopted December 15, 1971, said preliminary
report was duly approved and adopted by this Council subject to such alterations
and amendments as were mentioned in said resolution or as might thereafter be
adopted according to law, and this Council determined to proceed pursuant to sections
3.7.1 and 3.9 of Ordinance No. 350, as amended, and therefore, ordered and directed
the Chief Engineer of the Department of Public Works to prepare a corrected map,
together with final plans and specifications for the work, all as provided in and
in accordance with the second paragraph of section 3.5 of Ordinance No. 350, as
amended, and to prepare a corrected map, preliminary assessment roll and other data,
all as provided in and in accordance with section 3.8 of said ordinance, as amended,
except insofar as otherwise provided in said sections 3.7.1 and 3.9 and said
Resolution No. 432 (1971); and
WHEREAS, in accordance therewith said Engineer prepared and submitted
to this Council a further report, dated December 15, 1971, and filed with the
Clerk of the County of Hawaii on December 15, 1971; and
WHEREAS, by Resolution No. 437, adopted December 15, 1971, said further
report was duly approved and adopted by this Council subject to such alterations
and amendments as might thereafter be adopted according to law, and said Chief
Engineer was authorized and directed to issue a call for tenders upon the work to
be done within the proposed improvement district (excluding the proposed off-site
water facilities), with bids to be received not later than January 25, 1972, at
2:00 o'clock p.m., and a combined public hearing with respect to said proposed
improvements and the proposed assessment was provided to be held on February 2,
1972, at 7:30 o'clock p.m.; and
WHEREAS, notice of said public hearing was duly given by publication
twice a week for two successive weeks in the Hawaii Tribune -Herald, the first
publication being on January 17, 1972, and by the posting on January 22, 1972, of
like notices conspicuously at least every 250 feet along the streets proposed to
be opened and improved and at various places within the area to be assessed, and
by mailing on January 18, 1972, each containing in addition a description of the
property of the owner, lessee or occupant to whom addressed, together with a state-
ment that the property described on such notice was proposed to be assessed and
the amount proposed to be assessed against said property to all owners, lessees and
occupants of land proposed to be assessed, all in accordance with law and as
evidenced by affidavits filed with the Clerk of the County of Hawaii; and
WHEREAS, said public hearing was duly held in the Council room in Hilo,
Hawaii, on February 2, 1972, at 7:30 p.m., at which hearing full opportunity was
given to all persons interested to present suggestions, objections or protests with
respect to the proposed improvements or any part or detail thereof; and
RESOLUTION NO. 461
WHEREAS, at or prior to said public hearing, one written protest,
duly acknowledged by an owner of property to be assessed, was filed against
the making of the proposed improvements or against any part of the plan therefor;
and
WHEREAS, after full hearing was had thereon, said public hearing was,
on said February 2, 1972, closed and the matter taken under advisement; and
WHEREAS, said Council, having now further and fully considered all
and singularly the plans for said improvements and all objections, protests and
suggestions presented or offered with respect thereto;
WHEREAS, the Chief Engineer of the Department of Public Works has submitted
to this Council a report dated February 11, 1972, filed with the Clerk of the
County of Hawaii, showing that although the estimated costs of the proposed improve-
ments should be increased to $4,613,096.00, such increase in costs will be covered
by an agreement to contribute and a written consent and request to increase assess-
ments, both signed and acknowledged by the petitioner in the petition for the
proposed improvements which was filed in the office of the County Clerk on November
9, 1971;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of the County of Hawaii as
follows:
I.
That said report of the Chief Engineer dated February 11, 1972, is hereby
approved, adopted and ratified, subject to such alterations, modifications and
amendments as may hereafter be adopted according to law, and this Council still has
jurisdiction to continue these proceedings, and the proposed improvements shall
be made substantially as proposed and as set forth in said Chief EngineerTs
preliminary report and said report dated December 15, 1971, without material altera-
tion in the general character or plan thereof as so advertised and without increasing
the maximum estimated units of assessment (except as hereinafter referred to in "VIII
below with respect to the petitioner's lands);
RESOLUTION NO. �61
II
IMPROVEMENT DISTRICT
That the proposed Discovery Harbor 'Improvement District in Waiohinu,
District of Kale, County and State of Hawaii, is hereby created, defined and established
as "IMPROVEMENT DISTRICT NO. 11. - DISCOVERY HARBOR AND ADJACENT LANDS." the limits
and extent of which, and the area to be assessed being hereby more particularly
created, defined and established as follows:
PROPOSED IMPROVEMENT DISTRICT
DISCOVERY HARBOR UNIT I
KAIU, HAWAII
Tract of Land Comprising
(1) Portion of Grant 2882 to L. R. Macomber
(2) Portion of Grant 3635 to Kealohaai
(3) Portion of Grant 1941 to Kekuhaupio
(4) Portion of Grant 2423 to Kekuhaupio
(5) Portion of Grant 2758 to Kulou
(6) Portion of Grant 2757 to Hehena
Kale, Hawaii
Description
Beginning at a 1-1/4 inch pipe in concrete at the West corner
of this tract of land on the northeasterly boundary of L. C. Award 8452:17
to A. Keohokalole and on the southeast side of Ramses Road, the coordinates
of said point of beginning referred to Government Survey Triangulation
Station "Stein 211 being 7,004.71 feet South and 23,748.19 feet West, and
running by azimuths measured clockwise from true South:
1.
234°
381
30"
206.18
feet along the southeast
side of Ramses Road; thence
along the southeast side of
Kamaoa Road for the next
fourteen courses:
2.
234°
471
354.53
feet;
3.
236°
461
50"
288.24
feet;
4.
233°
45,
101.00
feet;
5.
230°
051
451,
.334.55
feet;
6.
231°
50:
10,
198.59
feet;
7.
238°
03,
101+
198.81
feet;
8.
235°
oil
Jon
264.30
feet;
RESOLUTION NO. 46t
9.
2270
42'
20"
335.23
feet;
10.
223°
00'
66.00
feet;
11.
227°
16'
30"
366.75
feet;
12.
2300
21'
20"
395.25
feet;
13.
233°
20'
200.00
feet;
14.
2320
09'
10"
254.10
feet;
15.
235°
40'
492.91
feet;
16.
3210
40'
1,288.58
feet along Lots 5 and 6,
Block 1, Lots 5 and 6,
Block 2, and Lots 5 and
6, Block 3, of File Plan
685;
17.
90
54'
10"
90.08
feet across a 60 -foot
road; thence along lots
and across roads within
File Plan 685 for the
.
next twenty-two (22)
courses:
18.
3210
40'
161.44
feet along Lot 2, Block
4;
19.
231°
40'
71.47
feet along Lot 2, Block
4; thence along the West
side of a 60 -foot road
along a curve to the left
having a radius of 560.00
feet, the chord azimuth
and distance being:
20.
3390
41'
07"
185.57
feet;
21.
3130
01'
40"
124.82
feet;
22.
2060
.00'
200.00
feet across a portion of
a 60 -foot road and along
Lot 1, Block 5;
23.
2960
'00'
95.00
feet along
Lot 4, Block
5;
24.
40
12'
107.70
feet across
a 40 -foot
road;
25.
2960
00'
776.77
feet along
Lots 3 and
4
of Block 6,
across a
40 -
foot road and
along Lots
3 and 4 of
Block 7;
26.
297°
50' 50"
40.59
feet across
a 40 -foot
road;
27.
3260
39'
299.41
feet along
Lots 3 and
4,
Block 10;
28.
3410
03'
41.30
feet across
a 40 -foot
road;
29.
326°
39'
400.00
feet along
Lots.4 and
5,
Block 12;
30.
340.
51'
107.70
feet across
a 40 -foot
road;
31.
3260
39'
400.00
feet along
Lots 4 and
5,
Block 15;
32.
340
51'
107.70
feet across
a 40 -foot
road;
33.
326°
39'
400.00
feet along
Lots 4 and
5,
Block 17;
34.
30°
43'
91.46
feet across
a 40 -foot
road;
35.
3220
16' 40"
401.94
feet along
Lots 3 and
4,
Block 19;
36.
298°
12' 10"
45.49
feet across
a 40 -foot
road;
37.
326°
39'
202.90
feet along
Lot 3,
Block 21;
38.
337°
48'
39.
70°
21'
40.
354°
27'
41.
3130
17'
42.
358°
28'
22"
43.
5°
11'
44.
950
11'
45.
390
54'
51"
46.
990
52'
22"
47.
1850
11'
48.
95°
11'
49.
63°
12'
44"
50.
41°
34'
30"
51.
45°
43'
30"
52.
490
52'
30"
53.
540
01'
30"
54.
58"
10'
30"
55.
620
19'
30"
56.
66°
28'
30"
57,
700
37'
30"
58.
74°
46'
30"
59.
78°
55'
30"
60.
830
04'
30"
534.16 feet;
58.99 feet;
186.95 feet;
53.15 feet;
105.99 feet;
1,200.02 feet;
141.60 feet;
115.43 feet;
143.12 feet;
58.15 feet;
200.00 feet;
54.54 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
104.28 feet;
61.
87"
13'
30"
62.
91°
25'
45"
63,
290
54'
30"
64.
940
30'
65.
050
01'
13"
66.
860
40'
67.
1640
39'
38"
68.
960
27'
69.
770
45'
70.
135°
71.
2250
54'
42"
72.
1360
21'.
73.
480
10'
39"
74.
1370
20'
75.
2210
05'
76.
2080
35'
77.
1960
05'
78.
183°
35'
79.
1710
45'
45"
80.
1690
40'
81.
1860
18'
40"
82.
2070
50'
83.
116°
84.
161°
40'
09"
104.28 feet;
110.67 feet;
93.23 feet;
137.26 feet;
82.27 feet;
140.00 feet;
137.10 feet;
145.00 feet;
68.41 feet;
152.81 feet;
54.86 feet;
40.04 feet;`
14.73 feet;
140.00 feet;
78.38 feet;
78.38 feet;
78.38 feet;
78.38 feet;
88.08 feet;
210.10 feet;
191.47 feet;
122.22 feet;
146.21 feet;
62.36 feet;
85.
106°
50'
136.48
feet;
86.
1440
30'
52.97
feet;
87.
970,
20'
83.96
feet;
88.
1050
25'
110.65
feet;
89.
1130
15'
15"
110.65
feet;
90.
1210
05'
110.65
feet;
91.
1250
100.00
feet;
92.
41°
40'
30"
77.54
feet;
93.
450
20'
117.70
feet;
94.
530
40'
117.70
feet;
95.
620
117.70
feet;
96.
63°
27'
15"
86.27
feet;
97.
500.
05'
35"
632.13
feet;
98.
1400
05'
35"
658.38
feet along
the northeast
boundary of L. C. Award
8452:17 to
A. Keohokalole
to a pipe;
99.
1520
38'
30"
787.02
feet along
same to a pipe;
100.
143°
01'
30"
637.68
feet along
same to a pipe;
101.
147°
00'
45"
1,783.25
feet along
same to the
point of beginning and con-
.
-
taining an
area of 548.366
acres.
Said boundary is also shown on the assessment map filed with the
Clerk of the County of Hawaii, which is hereby referred to and
incorporated herein by reference.
CHARACTER, EXTENT AND GENERAL DETAILS
OF THE PROPOSED IMPROVEMENTS
AND MATERIALS TO BE USED DEFINED
A. That the general character, extent and general de-
tails of the proposed improvements and materials to be used for
which final plans and specifications were approved and adopted
by said Resolution No. 437 (1971), are hereby described and de-
fined as follows:
1. STREETS - GRADING. All streets in Discovery Harbor
Subdivision and Road M along the northeasterly boundary of said
subdivision shall be graded to the width, grade and cross-section
as shown in the final plans and specifications.
2. STREETS - PAVEMENT. The new pavement shall consist
of two (2) inch thick asphaltic concrete surfacing on a crusher
run base and sub -base course of not less than six (6) inches thick.
3. STREETS - ROAD SHOULDERS. Along both sides of the
road pavement a minimum six (6) feet wide road shoulder of select
"aa" shall be placed and rolled and shall conform to the established
grades and lines.
4. DRAINAGE. Drainage facilities shall be by drainage
swale or ditch section as part of the road prism. Culverts shall
be provided, where needed, and shall be constructed as shown on
the final plans and specifications.
5. WATER SYSTEM - ON-SITE. The water system within
the improvement district shall. consist of reinforced concrete
water reservoirs, transmission lines, fire hydrants, surface
laterals, valves and fittings as shown on the drawings and in
accordance with the requirements of the Department of Water
Supply.
6. WATER SYSTEM - OFF-SITE, Water supply line and
reservoir, as generally shown in the reports of said Chief
Engineer and heretofore approved and adopted by this Council
by Resolutions No. 432 (1971) and No. 437 (1971), the final
details, plans and specifications for which will hereafter be
prepared, are subject to approval of the Department of Water
Supply and this Council, and the contract therefor will be
separately advertised and let, all pursuant to and in accordance
with section 3.7.1 of said Ordinance No. 350, as amended.
7. STREET LIGHTING. Street lights shall be provided
at such locations and of such quality and materials as designated
by the Chief Engineer.
B. That the general details of the proposed improve-
ments shall be substantially as set forth in said Chief Engineer's
reports and the maps and other exhibits accompanying same (incor-
porated herein by reference), as by this resolution altered and
modified, providing that minor alterations and changes in work
or materials may be made in the details of any part or parts of
said improvements as shall, in the judgment of the Chief Engineer,
seem necessary or advisable to complete the same in an efficient
and satisfactory manner and without materially altering the
general character or plan of said improvements as so advertised
and otherwise consistent with the terms of this resolution and
subject always to the approval of this Council.
IV.
LANDS TO BE ACQUIRED
The following described lands are required for road
and utility right-of-way purposes:
SIXTY (60) FOOT ROAD
Being a Portion of Grant 1941 to Kekuhaupio
and a Portion of Grant 2758 to Kulou. Also being a
Portion of File Plan No. 685
Located in Puumakaa, Kau, Hawaii
Beginning at the northwest corner of this parcel of
land, which is also the end of Course 8 of File Plan No.
685, on the southeast side of Kamaoa Road, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "STEIN 2" being 4698.56 South and
20765.55 feet West and running by azimuths measured clock-
wise from True South:
1. 2350 40' 100.25 feet along the southeast side
of Kamaoa Road;
2. Thence along a portion of Block 1 of File Plan No. 685
on a curve to the left
having a radius of 20.00
feet, the chord azimuth
and distance being: 8°
40' 29.25 feet;
3. 3210 40' 1,341.12 feet along a portion of Block 1
and along Blocks 2 and 3
and also along the westerly
ends of 40 Foot Roads and
a Portion of 60 Foot Road
of File Plan No. 685;
4. Thence along a portion of 60 Foot Road and portion of
Block 4 of File Plan No.
685 on a curve to the left
having a radius of 512.00
feet, the chord azimuth
and distance being: 308°
50' 227.45 feet;
5. 2960 00' 1,082.63 feet along portions of Blocks 4,
6 and 7 and along the
westerly end of 60 Foot
and 40 Foot Roads of File
Plan No. 685;
6. Thence along portions of Blocks 7 and 10 and along the
westerly end of 40 Foot
Road of File Plan No. 685
on a curve to the right with
a radius of 460.00 feet, the
chord azimuth and distance
being: 316° 54' 328.20 feet;
7. 3370 48' 2,083.31 feet along a portion of Block 10
and along Blocks 12, 15, 17,
19 and 21 and also along
the westerly ends of 40 Foot
Roads of File Plan No. 685;
8. 560 58' 20" 61.08 feet across the 60 Foot Road to
the end of Course 2 of File
Plan No. 685;
9. 1570 48' 2,094.79 feet along the remainder of
Grant 2758 to Kulou;
10. Thence along the remainder of Grant 2758 to Kulou on a
curve to the left having
a radius of 400.00 feet,
the chord azimuth and dis-
tance being: 136° 54'
285.39 feet;
11. 1160 00' 1,082.63 feet along the remainder of
Grant 2758 to Kulou;
12. Thence along the remainder of Grant 2758 to Kulou and
also along the remainder of
Grant 1941 to Kekuhaupio on
a curve to the right having
a radius of 572.00 feet,
the chord azimuth and
distance being: 128° 50'
254.10 feet;
13. 1410 40' 1,348.11 feet along the remainder of Grant
1941 to Kekuhaupio;
14. Thence along the remainder of Grant 1941 to Kekuhaupio
on a curve to the left
having a radius of 20.00
feet, the chord azimuth
and distance being: 98°
40' 27.28 feet to the
point of beginning and
containing an area of
7.019 Acres.
Additional easements for waterline and drainage faci-
lities and the right-of-way for road and utility purposes as set
forth in the parcel map attached to the preliminary assessment
roll will be dedicated by the petitioner to the County of Hawaii.
The off-site reservoir site and the waterline easement
from the off-site water reservoir site to the Discovery Harbor
Subdivision will be specifically located and acquired later when
the final plans and specifications are approved by this Council
but prior to the final award of the contract.
V.
PORTION OF COST TO BE BORNE
BY THE COUNTY OF HAWAII
AND THE DEPARTMENT OF WATER SUPPLY
That the County of Hawaii shall bear none of the cost
of said improvements.
That the Department of Water Supply shall bear and pay
out of its revenues the following portion of the construction
cost of said improvements:
1. The amount, if any, by which the cost of said
off-site water facilities exceeds $285,000.00.
VI.
METHOD OF ASSESSMENT
That the entire cost of the improvements within and for
"IMPROVEMENT DISTRICT NO. 11 - DISCOVERY HARBOR SUBDIVISION AND
ADJACENT LANDS", except as provided at "V" above, shall be pro-
vided by assessment on an area basis according to the area of
(rounded to the nearest 500 square feet) and against all of the
assessable lands within the limits of the before described im-
provement district.
Assessable lands within said improvement district shall
include the following zones:
Zone 1 - land specially benefited by all improve-
ments, with substantial frontage abutting
and overlooking golf course,
Zone 2 - land specially benefited by all improve-
ments, without substantial frontage
abutting and overlooking golf course,
Zone 3 - land specially benefited by water system
facilities other than distribution lines,
Zone 4 - land specially benefited by entire water
system, excluding golf course,
Zone 5 - land specially benefited by entire water
system, golf course.
The specific parcels of land included in each of said zones are
as set forth in said Chief Engineer's reports.
Property in Zone I shall be assessed for each improvement which
benefits such property at a rate one-tenth higher than property in
Zones 2, 3 and 4 which are benefited by such improvements and property in
Zone 5 shall be assessed for the water system at a rate forty-nine fiftieths
lower than property in Zones 2, 3 and 4 are assessed for the portions of the
water system which benefit such property. The maximum unit of assessment
against property in each of said zones (except for the increases in assess-
ments on lands owned by said petitioner as set forth in said written consent
and request signed by said petitioner) is as follows:
Zone
1 $356.44383
per
Msq.
ft.
Zone
2 $324.03985
per
Msq.
ft.
Zone
3 $ 40.98093
per
Msq.
ft.
Zone
4 $161.47611
per
Msq.
ft.
Zone
5 $ 3.22952
per
Msq.
ft.
Dated at Hilo, Hawaii, this 16th day of February ,
1972.
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION wos by the vote indicated to
the right hereof adopted by the COUNCIL of the County of Hawou on.
ATTEST: oeZZ
�f_ C4. afayA�
Tadashi
SuzukiCHAIRMAN & atayoI ilfftCEft
COVNTY CLERK
ROLL CALL VOTE
Re .... c.: ..C-11,11.33. Z/_PW.c...7.4._......_.
M.B. N.,
RESOLUDON bur 461