HomeMy WebLinkAboutResolution No. 2010-27COUNTY COUNCIL COUNTY OF KAUAI RESOLUTION ABANDONING ACCESS ROAD OFF LAUGHO ROAD,KALAHEO, KAUAI, AND AUTHORIZING THE LAND TRANSFER TO THE NATIONAL TROPICAL BOTANICAL GARDEN KALAHEO, KAUAI, HAWAII WHEREAS, the Planning Commission granted a Special Permit (SP-2008-O1), Use Permit (U-2008-02), and Class IV Zoning Permit (Z-IV-2008-03) on October 23, 2007 to the National Tropical Botanical Garden (NTBG) to establish a Central Housing Facility in Lawa`i at TMK (4) 2-3-009: 034; and WHEREAS, during the review of the above mentioned permits the County Department of Public Works, Engineering Division, noted that the access road identified as TMK (4) 2-3-009 leading from Lauoho Road to the subject property appeared to be abandoned and recommended that the applicant assist the County in transferring ownership by preparing an environmental assessment and obtaining County Council approval for the abandonment of the roadway; and WHEREAS, the Planning Commission included a condition in the permit approval that "the Applicant shall resolve matters relating to the access road with the County Department of Public Works prior to building permit application;" and WHEREAS, the Kalaheo Homestead Act, Kalaheo Homesteads Second Series created a 10-foot wide "government road" right-of--way as an access from Lauoho Road to the kuleana (LCA 6745), which once housed a jelly factory and is currently owned by the NTBG; and WHEREAS, in 1940 the County initiated and acquired five (5) small adjacent parcels in order to straighten and widen the road right-of--way to thirty (30) feet and to provide vehicular access to TMK (4) 2-3-009: 011, then owned by McBryde Sugar;and WHEREAS, although officially described as a Roadway, the actual use and function of this County-owned parcel is a driveway to access NTBG property; and WHEREAS, no improvements to the roadway have been made by the Department of Public Works for the past sixty-nine (69) years and its access is restricted by a chain across the width of the dirt roadway; and WHEREAS, the Department of Finance, Real Property Assessment Division,has determined that the County-owned portion of the roadway is 6,654 square feet;and WHEREAS, the Department of Finance, Real Property Assessment Division,has determined that the fair market value of the County-owned portion of the roadway is $19,962; and
WHEREAS, the National Tropical an Environmental Assessment, property property transfer in excess of $19,962 contracts; and Botanical Garden has expended funds for survey, and attorney fees to facilitate this as evidenced by invoices and executed WHEREAS, a Finding of No Significant Impact (FONSI) was noted in the Final Environmental Assessment, published in the Office of Environmental Quality Control's "The Environmental Notice," on July 8, 2009; and WHEREAS, the Department of Public Works has determined that the subject access roadway serves no current and future public purpose; now, therefore,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,STATE OF HAWAII, that the access road off Lauoho Road located on TMK (4) 2-3-009 be abandoned.BE IT FURTHER RESOLVED, that the Director of Finance, County Attorney, and County Engineer shall convey the County's interest in the subject roadway to NTBG at no additional expense.BE IT FINALLY RESOLVED, that copies of this resolution be transmitted to the Finance Department, Office of the County Attorney, Public Works Department,Building Division, County Engineer, Planning Department, and National Tropical Botanical Garden.INTRODUCED BY:Tim Bynum (by request)v. dsimao/YS. resolution2010. nationaltropicalbotanicalgarden, Kalaheo •csoffic£iles e 1 X 3 x X x Ja x 1~.atiJ,Mcam%X 5 0 2 0 Q.Z4.b1 0~l~e'-~ r ~;~ .Y~,a,C J~AQ.P~o,~, ~0.. 2010-27 ete~,y. -~,rr~y, -ti~ ~ ~ ~±~~ ~~+~~ ~,. February 17, 2010.f/~'i _ .. ..' ~~ a.February 17,:2010 r ~;