HomeMy WebLinkAboutCOM 0432.000 1998-2000 ONYY Or ryw
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Stephen K. Yamashiro ~ Richard Wurdeman
T'14yui Corporation Counsel
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Faz (808) 961-8622
August 3Q 1999
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c~
Honorable James Arakaki, ~ C }rno
Chairman and Members rv ~
Hawaii County Council - , ~ , i
25 Aupuni Street ~ 3
Hilo, Hawaii 96720
Z ~ ~ N ~~t
Deaz Chairman Arakaki and Council Members:
Re: Grant of Easement and Bill of Sale
The Casev Famil} Prog am
Tax Map Key (3)2-3-035:038 ( ortionl
We aze transmitting for the Council's review and consideration for acceptance a copy of
the above grant of easement and bill of sale, along with a resolution accepting the grant of
easement and bill of sale.
For your information, the grant of easement and bill of sale has been reviewed by the
Department of Public Works, Department of Water Supply and the Planning Department and all
have recommended acceptance of the grant of easement and bill of sale, as evidenced by the
letter copies enclosed herewith.
Upon acceptance of the above grant of easement and bill of sale, please send notification
of such acceptance to: (1) Alan M. Okamoto, Esq., Nakamoto, Yoshioka & Okamoto,
187 Kapiolani Street, Hilo, Hawaii 96720; (2) Harry Takahashi, Director of Finance, County of
Hawaii; and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said grant of
easement and bill of sale with the Bureau of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By r~~
G D TAKASE
Deputy Corporation Counsel
GT:de 2
Encs. Comm. Na_
X25. /38-99 File No. dCC sVe
x~r. To: P w P G
Fief. Dste $Q~ S 1~.
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
TITLE OF DOCUMENT:
GRANT OF EASEMENT
AND BILL OF SALE
PARTIES TO DOCUMENT:
Grantor: The Casey Family Program, a Washington
corporation;
Grantee: County of Hawaii.
Affects: TMK (3) 2-3-35: por. of 38
atty.amo\R4C\Cae eygrL 398 1
KNOW ALL MEN BY THESE PRESENTS:
That THE CASEY FAMILY PROGRAM, a Washington corporation,
whose address is 1300 Dexter Avenue North, Seattle, Washington
98109-3547, hereinafter called Grantor, for and in consideration
of the svm of ONE DOLLAR ($1.00) to it paid by THE COUNTY OF
HAWAII, a municipal corporation of the State of Hawaii, whose
address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter
called the Grantee, the receipt whereof is hereby acknowledged,
does hereby grant unto the said Grantee, its legal successors and
assigns, the right in the nature of a perpetual easement to
maintain, operate, repair, remove and replace a drywell which is
on the property described as Easement 7 in Exhibit A and shown on
Exhibit B, attached hereto and by reference made a part hereof.
TOGETHER, with the reasonable right of ingress and egress
thereto and therefrom over the Grantor's adjoining land for the
purpose of operating, maintaining and replacing the drywell site.
TO HAVE AND TO HOLD the same unto the Grantee, its legal
successors and assigns, forever.
IT IS MUTUALLY UNDERSTOOD AND AGREED that the Grantor will
not at any time erect any building or structure of any kind
either above, on or below the surface of the ground within said
easement areas, unless such building or structure shall be so
constructed as not to interfere with said Grantee's said drywell,
and also so as to allow reasonable but unrestricted access to
atty.amo\R4C\Caeeygrt.348 2
said Grantee in the maintenance, operation, replacement or
removal of said drywell and other appliances and equipment or for
other reasonable purposes, and the Grantor hereto agree that the
Grantee shall not be liable or responsible for any damage to any
building foundation or building or structure of any kind within
said easement areas caused by or resulting from the exercise by
said Grantee of the rights herein granted.
AND said Grantor does hereby bargain, sell, transfer, and
deliver unto the Grantee the drywell now installed and in
existence, including all appurtenances attached hereto and found
on the premises described in Exhibit A and shown on Exhibit B,
which are attached hereto and by this reference made a part
hereof.
TO HAVE AND TO HOLD the same unto the Grantee, its legal
successors and assigns, forever.
And the said Grantor does hereby covenant to and with the
said Grantee, its legal successors and assigns, that it is seized
in fee and is authorized to grant easement of the said granted
property; that the same is free and clear of encumbrances; that
it has good right and lawful authority to grant the same as
aforesaid; and that it will and its successors and assigns shall
WARRANT and DEFEND the title thereto against the lawful claims
and demands of all persons.
atty. amo\RfiC\Caseygrt.348 3
IN WITNESS WHEREOF, th~aid Grant r has hereunto executed
these presents on this ~ day of 19'7`7
THE C AMILY PROG~R`ZA~M
Y ~
Its
GRANTOR
THE COUNTY OF HAWAII
By
Its Mayor
GRANTEE
APPROVED AS TO FORM
AND LEGALITY:
Corporation Counsel
atty.amo\R4C\Caeeygrt.348 4
STATE OF WASHINGTON )
SS:
COUNTY OF KING )
On this da of before me
~ ~ ~ 19~,
personally appeared ~{~C~q.k~j 'n p~ to me pe onally
known, who, being by me duly sworn, did say that is the
President of THE CASEY FAMILY PROGRAM; and that the seal affixed
to the instrument is the corporate seal of said corporation, and
that the instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors, and said
Officer acknowledged the instrument to be the free act and deed
of said corporation.
N ary Public, In an3 for the
County of King
My commission expires: S~/
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of 19 before me
personally appeared STEPHEN K. YAMASHIRO, to me personally known,
who, being by me duly sworn, did say that he is the Mayor of THE
COUNTY OF HAWAII; and that the seal affixed to the instrument is
the corporate seal of said County, and that the instrument was
signed and sealed in behalf of said County, and said Mayor
acknowledged the instrument to be the free act and deed of said
County.
Notary Public, State of Hawaii
My commission expires:
atty. amo\RLC\Cea eygrt.348 5
EXHIBIT A
EASEMENT 7
(FOR DRAINAGE PURPOSES)
Land situated at Punahoa 2nd, South Hilo, Island and County
of Hawaii, State of Hawaii, more particularly described as
follows:
Being a portion of R. P. on Confirmation 1946, Number 1 to
D. B. Lyman, Land Commission Award 387, Part 4, Section 1 to
American Board of Commissioners for Foreign Missions. Being also
a portion of Lot 13-A.
Beginning at the east corner of this easement and along the
northwesterly side of Pu'uhonu Place, the direct azimuth and
distance from the east corner of Lot 13-A being: 57° 49' 7.58
feet, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALAI", being 102.59
feet South and 371.03 feet West, thence running by azimuths
measured clockwise from true South:
1. 57° 49' 15.00 feet along Pu'uhonu Place;
2. 147° 49' 15.00 feet along the remainder of R. P.
on Confirmation 1946, Number 1 to
D. B. Lyman, L. C. Aw. 387, Part 4,
Section 1 to American Board of
Foreign Missions (remainder of Lot
13-A);
3. 237° 49' 15.00 feet along same;
4. 327° 49' 15.00 feet along same to the point of
beginning and containing an area of
225 square feet.
atty. amo\R4C\Caeeygrt.348 6
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DEPARTMENT OF WATER SUPPLY • COU,, ,~yll~fcti-
nrx,w~~~~~ 25 AUPUNI STREET HILO, HAWAI~I• r7'2~I q
TELEPHONE (808) 9691421 FAX (808x,gT9~~I~r l~ 21
i _ U
February 14, 1996
- ,
T0: Mr. Richard D. Wurdeman, Corporation Counsel
ATTENTION: MR. GERALD TAKASE, DEPUTY CORPORATION COUNSEL
FROM: Milton D. Pavao, Manager
SUBJECT: GRANT OF EASEMENT AND BILL OF SALE
TAX MAP KEY 2-3-35:037(PORTION)
GRANTOR - CASEY FAMILY PROGRAM
The Department of Water Supply has no objections to the acceptance of the enclosed
document.
The drywell for drainage purposes does not involve our existing water system.
~~C~
Milton D. Pavao, P.E.
Manager
JH
Enc.
UVater brtn~d rro~reee...
RE~;~ ~v'EI:~
DEPARTMENT OF PUBLIC WORK,Sj I~.7Y 10 A(7 10 ~1
COUNTY OF HAWAII
HILO, HAWAII I/
cour,~rr ~ - '~,;~,SEL
DY TE:_ IV~ay;~~~9i399
I~Z~Z4~LC>rll~A~G>Gl~t ))~~%ut;r+r
IC !(NYC
TO: Gerald Takase, Deputy Corporation Counsel `""~-''''''~._.._~_,_i
FROM: ~ _ _ -~-_:..J
~ Galen M. Kuba, Engineering Division Chief
SUBJECT: GRANT OF EASEMENT & BILL OF SALE
Grantor: Casey Family Program
TMK: 2-3-35: por. 038
DPW Folder No.: 23163-B
Reference: UIC 1424
A revised Grant of Easement and Bill of Sale with Exhibits A and B (copy enclosed) was
submitted by Allan Okamoto on December 18, 1995.
Drainage improvement (dry well) was completed according to County standards.
We recommend dedication once the deed is revised to read "Affects TMK (3) 2-3-35: por.
of 38."
Refer questions to Kelly Gomes of our Engineering Division at 961-8327.
KG
Enclosure
c: Nakamoto, Yoshioka & Okamoto
ROUTING
N~v,u!-rye C ACC ~ rginia Goldstein
Stephen K. Yamashiro ~ Direco-,r
Mnynr T ~~iLl v LL
ussell Kokubun
- Cpl ~/K.y$A'~yJM Depory Direclar
~h•OF Nlirr` JI'!I• [ZQ_I IJ I\L 1
~G,R._.~~T-o_ -RIB 34
~nuiTfg ~ttfirttii __.._._a:
PLANNING DEPARTMENT 3Y--~-
25 Aupuni Street, Room 109 • Hilo, Hawaii 96720-0252
(808) 961-8288 • Fez (BOS) 961.8742
August 25, 1999
TO: Richard Wurdeman
CorporJCounsel ,
FROM: 'rgillt~K. (3O tein
Planning Director
SUBJECT: GRANT OF EASEMENT & B1LL OF SALE
GRANTOR: CASEY FAMILY PROGRAM
TMK: 2-3-035:037 (,Ror) (SETH 6336)
We have received the subject document and find them in order. As such, we recommend that the
documents be accepted inasmuch as the subdivision improvements have been completed and
inspected by the appropriate agencies.
As requested, we are returning the documents to you.
ETC.jdk
SUB 6336
Attachments