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Home My WebLink AboutCOM 0168.000 2014-2016William P. Kenoi Mayor February 27, 2015 County of Hawaii Finance Department 25 Aupuni Street, Suite 2103 • Hilo, Hawaii 96720 (808)961-8234 • Fax (808)961-8569 Dru Kanuha, Council Chair and Members of the Hawaii County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Dispose of Remnant Parcel Deanna S. Sako Director Lisa K. Miura Deputy Director The County of Hawaii owns land in the district of South Hilo, County and State of Hawaii, including the remnant parcel, identified by Tax Map Key: (3) 2-1-009-037. H6ku Kai Biofuels, LLC has acquired interest in a fuel pipeline running from the State of Hawaii Department of Harbors to the former Shell Oil Company site. The County's parcel contains a portion of the fuel pipeline, vault and valve system which could pose a risk to the County should there be a fuel leak. The County has determined that this parcel is economically and physically unsuitable or undesirable for development, or utilization as a separate unit by reason of its location and shape. Enclosed is a resolution authorizing the Director of Finance to dispose of the remnant parcel as described above, by way of a sale to H6ku Kai Biofuels, LLC. If there are any questions, please do not hesitate to call Hamana Ventura from the Finance Department's Property Management Division at 323-4321. Deanna S. Sako Director of Finance Enc. cc: Property Management Comm. No. g Ref. To: L Hawai'i County is an Equal Opportunity Employer and Provider Ref. Date _FEB 2 7 ?Q1R Form #: B-52 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: Finance - Property Management DATE: STAFF CONTACT: Daryl Inaba PHONE: A. REQUEST: February 19, 2015 961-8567 Prepare County Council submittal authorizing the Finance Director to dispose of a remnant parcel, identified as tax map key (3) 2-1-009:037, by sale to Hoku Kai Biofuels, LLC. B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): Hoku Kai Biofuels, LLC has acquired interest in a fuel pipeline running from the State of Hawaii Department of Harbors to the former Shell Oil Company site. The County's parcel contains a portion of the fuel pipeline, vault and valve system which poses a risk to the County should fuel from the pipeline, vault or valve system leak. The County has determined that this parcel is economically and physically unsuitable or undesirable for development or utilization as a separate unit by reason of its location, size and shape and by definition is a remnant parcel. SIGNED: Department Head DATE: yl (Or LAND COURT REGULAR SYSTEM (AREA ABOVE RESERVED FOR RECORDING INFORMATION) After Recordation, Return by ® Mail or ❑ Pick-up Phone#: 961-8251 FILL IN NAME AND ADDRESS BELOW: Office of the Corporation Counsel (CTM) 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 TITLE OF DOCUMENT: DEED PARTIES TO DOCUMENT DOCUMENT CONTAINS 7 PAGES GRANTOR: COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawaii 96720 GRANTEE: HOKU KAI BIOFUELS, LLC 794 Kalaniana`ole Street Hilo, Hawaii 96720 AFFECTS TAX MAP KEY: (3) 2-1-009:037 -1- DEED KNOW ALL MEN BY THESE PRESENTS: That 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 the "Grantor," for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration to it paid by HOKU KAI BIOFUELS, LLC, hereinafter called the "Grantee," the receipt of which will be acknowledged upon closing, does hereby grant, bargain, sell and convey unto the Grantee, its successors and assigns, in fee simple, forever, the following real property with acknowledgements as listed: All of that certain parcel situate at Waiakea, District of South Hilo, Island, County and State of Hawaii, containing an area of approximately 733 square feet, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by reference. Grantee has had full opportunity to inspect the parcel and knowingly accepts it as the site of a subterranean fuel pipeline and valve vault. Grantee accepts the parcel AS IS and WHERE IS with knowledge of the special conditions that the site contains the pipeline and valve vault. Grantee and Grantor acknowledge that it is unknown if any toxic or hazardous materials remain in and/or at the site or within the soil, and that upon conveyance Grantee assumes full responsibility for any claims that arise on or after the closing which are related to any contamination that may remain on the parcel. Grantee further agrees to indemnify and defend the Grantor in any complaint, suit, or other cause of action brought against Grantor in relation to any Indemnifiable Claim with respect to the parcel. 2. Grantee shall allow the owner and controller of the adjacent connecting portions of the pipeline reasonable access to the pipeline and valve vault. -2- TOGETHER with all and singular the improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging to or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and assigns, as tenant in severalty, in fee simple, forever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed this day of , 2015. COUNTY OF HAWAII IM APPROVED AS TO FORM AND LEGALITY: CRAIG T. MASUDA Deputy Corporation Counsel County of Hawaii -3- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2015 before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii, that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii, the foregoing instrument was signed and sealed on behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Sections 5-1.3 and 13-13 of the County Charter, County of Hawaii (2010), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: NOTARY CERTIFICATION Doc. Date: No. of Pages: 7 Notary Third Circuit Name: Doc. Description: Notary Signature Date -4- EXHIBIT "A" Beginning at a point at the Southwest corner of this parcel of land and on the North side of Kalaniana`ole Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 4046.37 feet North and 14,703.50 feet East, thence running by azimuths measured clockwise from true South: 1. 1800 00' 38.72 feet 2. 2980 03' 42.90 feet 3. 630 54' 42.16 feet along the East side of Hawaii Consolidated Railway right-of-way; to a point on the North side of Kalaniana`ole Street; along the North side of Kalaniana`ole Street to the point of beginning and Containing an area of 733 Square Feet. SUBJECT, however, to the following: 1. Grantee shall allow the owner and controller of the adjacent connecting portions of the pipeline reasonable access to the pipeline and valve vault. 2. Mineral and water rights of any nature in favor of the State of Hawaii. 3. Any unrecorded leases and matters arising from or affecting the same. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. -5- EXHIBIT "B" i t.3 SS'n d t � EXHIBIT "B"