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HomeMy WebLinkAboutRES 262 Draft 01 2000-2002COUNTY OF HAW -AI" STATE OF HAWAII RESOLUTI010 NO. RESOLUTION ACCEPTING THE DEDICATION OF A 303 SQUARE FOOT ROADWAY PARCEL (FOR ROAD RIGHT-OF-WAY) FROM ONNO VICTOR VAN'T HOF AND CATHERINE ANNE VAN'T HOF-FELSBURG, SITUATE AT KALOPA, HAMAKUA, COUNTY AND STATE OF HAWAII, TAX MAP KEY (3)4-4-008:060 (POR.), LOT 57-A-2 TO THE COUNTY OF HAWAII. WHEREAS, ONNO VICTOR VAN'T HOF and CATHERINE ANNE VAN'T HOF-FELSBURG, husband and wife, are the owners of a 303 square foot roadway parcel located in Kal6pa, Hamakua, County and State of Hawaii, specifically identified as Tax Map Key (3)4-4-008:060 (por.), being more particularly described in the attached dedication deed (Exhibit "A") and delineated on Exhibit "B" attached hereto; and WHEREAS, the County road (Upper Kal6pa Road and Keahua Road) infringes upon the subject property; and WHEREAS, ONNO VICTOR VAN'T HOF and CATHERINE ANNE VAN'T HOF-FELSBURG are desirous of dedicating the subject parcel, including all subdivision improvements thereon, to the County of Hawaii for road right-of-way, and the improvements have been inspected and approved by the County of Hawaii Department of Public Works, Department of Water Supply and the Planning Department; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council may accept gifts which include the dedication of land on behalf of the County of Hawaii; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Sections 23-10 and 23-11 of the Hawaii County Code, that the County of Hawaii accepts the real property in the attached dedication deed (Exhibit "A") and more specifically identified as Tax Map Key (3)4-4-008:060 (por.), consisting of 0.007 acre, from Onno Victor Van't Hof and Catherine Anne Van't Hof-Felsburg. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Onno Victor Van't Hof and Catherine Anne Van't Hof-Felsburg; (2) Department of Public Works; and (3) Ivan M. Torigoe, Deputy Corporation Counsel. DATED: Kona,Hawai`i, December 18, 2002 INTRODUCED BY: C UNCIL MEM ER, OUN Y OF HAV`I s:\ded\van'thofiresolution\ 10-02\IMTfc. doc COUNTY COUNCIL County of Hawai i Kona 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 December 18, 2 0 0 2 ATTEST ROLL CALL VOTE Reference C - 80 7 / PW& IRC -64 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. �, ° O -mm .. _ __m - ELARIONOFF Reference C - 80 7 / PW& IRC -64 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. �, ° O 0 1 0 RETURN BY MAIL TO: Office of the Corporation Counsel (IMT) County of Hawaii Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 �p Pages_ TITLE OF DOCUMENT - DEDICATION DEED PARTIES TO DOCUMENT: GRANTORS: ONNO VICTOR VAN'T HOF and CATHERINE ANNE VAN'T HOF-FELSBURG, husband and wife, whose mailing address is Kasugahara 714-8 Ikeda -Cho, Ibi-Gun, Gifu -Ken, 503-2402 Japan GRANTEE: COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, Hawaii 96720 TAX MAP KEY (3) 4-4-008:060 (por.) s\ded\deddeed re Van't Hof DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: That, ONNO VICTOR VAN'T HOF and CATHERINE ANNE VAN'T HOF-FELSBURG, husband and wife, whose mailing address is Kasugahara 714-8 Ikeda -Cho, Ibi-Gun, Gifu -Ken, 503-2402 Japan, hereinafter called the "Grantors," for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to them paid by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, County and State of Hawaii 96720, hereinafter called "Grantee," the receipt of whereof is hereby acknowledged, do hereby grant and convey unto the said Grantee, its legal successors and assigns, for roadway purposes, the following described property: That certain roadway parcel known as Lot 57-A-2 (for Road Right -of -Way), being a portion of Lot 57-A, being also a portion of Lot 57, Kal6pa Homesteads (Grant 8307 to Joe Souza) at Kal5pa, Hamdkua, Island of Hawaii, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by reference. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, in fee simple forever. SUBJECT, HOWEVER, to the reservation unto the State of Hawaii of all mineral and metallic mines. And the Grantors, for themselves, theirs heirs, devisees, personal representatives and assigns, hereby covenant and agree to and with the Grantee that upon the execution of this conveyance they are seised of said property in an estate in fee simple, and that the same is free -2- and clear of all encumbrances, except as aforesaid, and said Grantors further covenant and agree that they will warrant and defend the fee simple title conveyed and intended to be conveyed against the lawful claims of all persons. IN WITNESS WHEREOF the said Grantors have caused this instrument to be duly executed on this I `E' day of &&q .t41- , 2002. 0��* O VICT R VAN'T HOF CAjk,"-tY t.. Pt,,,mt, V aAA- '+ t- Rets 6Lt CATHERINE ANNE VAN'T HOF-FELSBURG RECOMMEND APPROVAL: DEPARTMENT OF PUBLIC WORKS kQ,1Muni? k - (M • oc-t, l DENNIS K.W. LEE Its Director APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel -3- INDIVIDUAL ACKNOWLEDGMENT CERTIFICATE JAPAN ) PREFECTURE OF OSAKA ) CITY OF OSAKA ) ss: CONSULATE GENERAL OF THE) UNITED STATES OF AMERICA) I certify that on this day the individuals named below appeared before me and acknowledged to me that the attached instrument was executed freely and voluntarily. Catherine Anne Van't Hof-Felsburg Onno Victor Van't Hof Vice Consul of the United States of America August 14, 2002 Date Kalopa Homestead Road Encroachment at Upper Kalopa Road and Keahua Road Intersection LOT 57-A-2 (for Road Right -of -Way) Being a Portion of Lot 57-A, Being also a Portion of Lot 57, Kalopa Homesteads (Grant 8307 to Joe Souza) at Kalopa, Hamakua, Island of Hawaii, Hawaii Beginning at a spike at the southwesterly corner of this parcel of land, at the northeast corner of the intersection of Upper Kalopa Road and Keahua Road (Cross Road), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kalamai" being 1,441.79 feet South and 4,602.50 feet West, and running by azimuths measured clockwise from True South: 1. 2010 36' 39.49 feet along Upper Kalopa Road; 2. Thence along Lot 57-A-1 on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 343° 18' 61.98 feet; 125° 00' 39.49 feet along Keahua Road (Cross Road) to the point of beginning and containing an area of 303 square feet or 0.007 acre as shown on Final Plat approved by Hawaii County Planning Director on October 4, 2001 as Subdivision Number 7466. 0• SAA, S� Engineering Division UCENSW Department of Public Works } AL �� County of Hawaii UWDSUFNVOR mo. 5630 25 Aupuni St. �"��eq�t, ��'�. Vonald M. �Matsumur'a� Hilo, Hawaii Licensed Professional Land Surveyor No. 5630 October 11, 2001 Tax Map Key: (3rd Div.) 4-4-008: por. 060 EXHIBIT A 1,441.79 S. 4.602.50 W. 1Cpa �P P 2p1i36, 26 4 V � u . • 9• / 2 4 Co'ff 303 Sq. Ft. ' or 0.007 Ac. 343' 18' 61.98 t / R=50.00 10 Ft. Wide Future Road Widening Setback ri GoW MA Ne. 776.49 S. 4,541.46 W. LAND SURVEYOR � y 46. I ENGINEERING DMSION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII Kalopa Homestead Road Encroachment at Upper Kolopo Road and Keahuo Road Intersection SUBDIVISION OF LOT 57—ASUBMITTED BY: arE 140 1 Being a Portion of Grant 8307 to Joe Sou: DN ION CHIEF INTO LOTS 57—A--1 AND 57—A---2 (ROADWAY ) APPROVED BY: DAA o�rl.y/0 ( Kalopa Homesteads, Hamakua, Island of Hawaii Hawaii DIRECTOR PLAN BY: T.J. DRAWN BY: T.J. Sept. 12. 2001 Tax Map Key: (3rd Div.) 4-4-08: 60 EXHIBIT INSET O Scale: 1 in.=40ft / Q This mark was prepared by me ± or under my supervision. ppA Aa '-� 1�t308,48 Lot 59–A .36 Owen T. Prell & 20 o Karen T. Benke • ,� LOT 57•—A-2 L (Owners) --' (See Inset) _:� o 4. Q N C14 1_0 10 Lot 59—A-1 00 Co I o Owen T. Prell & LOT 57—A— 1 Karen T. Benke (Owners) x 9.294 Ac. o ry A y NOTES: m m o' 1. Owners of Lot 57–A: -0 LO 13 o n Onno Victor Van't Hof and 0 =' 0 Catherine Anne Van't Hof–Felsburg v l a m Kosugahara 714-8 o n Ikeda–cho, Ibi–gun in I 3 co Gifu–ken, 503-2402 Japan 2. Lot 57–A-2 (Roadway) for Road 35'00' — 580.00 Right–of Way � Lot 57-8 0 John L. & Frances J. Torson c 3. Distances at Intersection Adjusted (Owners) o (Adj.) for Mathematical Closure Y 0 of Lot 57–A I ENGINEERING DMSION DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII Kalopa Homestead Road Encroachment at Upper Kolopo Road and Keahuo Road Intersection SUBDIVISION OF LOT 57—ASUBMITTED BY: arE 140 1 Being a Portion of Grant 8307 to Joe Sou: DN ION CHIEF INTO LOTS 57—A--1 AND 57—A---2 (ROADWAY ) APPROVED BY: DAA o�rl.y/0 ( Kalopa Homesteads, Hamakua, Island of Hawaii Hawaii DIRECTOR PLAN BY: T.J. DRAWN BY: T.J. Sept. 12. 2001 Tax Map Key: (3rd Div.) 4-4-08: 60 EXHIBIT DEPARTMENT OF WATER SUPPLY • COUNTY OP HAWAll 345 KEKUANAOA STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 September 5, 2002 TO: Mr. Lincoln S. T. Ashida, Corporation Counsel ATTENTION: MR. IVAN M. TORIGOE, DEPUTY CORPORATION COUNSEL FROM: Milton D. Pavao, Manager SUBJECT: DEDICATION DEED: TAX MAP KEY (3) 4-4-008:060 (POR.) GRANTOR: ONNO VICTOR VAN'T HOF AND CATHERINE ANNE VAN'T HOF-FELSBURG GRANTEE: COUNTY OF HAWAII We have reviewed the subject Dedication Deed Document and have no objection to it being accepted by the County Council. This dedication will legitimize the current encroachment of the County road. For your further information, the Department of Water Supply maintains water pipeline and other facilities within the road right-of-way. Should you require additional information, please contact Mr. Ronaldo B. Aurelio of our staff at 961-8070, extension 258. Sincerely yours, M' ton . Pavao, P.E. 1 ag RA:sco C, ... l 't" brt*ngl 19r0YreJJ... DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE:! September 6, 2002 TO: Ivan Torigoe, Deputy Corporation Counsel � FROM: ,/' Dennis ` K. W. Lee, Director SUBJECT: DEDICATION DEED Grantor: Onno Victor Van't Hof & Catherine Anne Van't Hof-Felsburg Subdivision No.: 2001-0124 Subdividers: County of Hawaii - DPW, et al. TMK: 4-4-08:060 DPW Folder No.: 44103-A We have reviewed the subject deed forwarded by your memo dated August 27, 2002 and recommend dedication. Questions may be referred to Kelly Gomes at ext. 8927. KG OJNZY.OF Harry Kim Mayor PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-4252 (808) 961-8288 • Fax (808)961-8742 September 27, 2002 TO: Lincoln Ashida, Corporation Counsel FROM: /- Cez; J. Yuen, Planning Director SUBJECT: Dedication Deed Onno Victor Van't Hof and Catherine Anne Van't Hof-Felsburg TMK: 4-4-008:060 (SUB 7466) Christopher J. Yuen Director Roy R. Takemoto Deputy Director We have reviewed the subject document and recommend that they be accepted inasmuch as the subject road and drainage improvements have been completed according to County of Hawaii standards, are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23, of the Hawaii County Code. As requested, we are returning the subject document. ETC:Inm P:\W P60\SUBDIV\Documents\Subc2002-3\7466V antHofDEED.doe Atts.