HomeMy WebLinkAboutCOM 0433.000 1998-2000 ~MtY Or q~w
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Stephen K. Yamashiro Richard Wurdeman
tbfayor Corporation Counsel
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OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8621 CD
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August 31, 1999 ~ ;
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Honorable James Arakaki, 3
Chairman and Members '_i
Hawaii County Council jy''
25 Aupuni Street ~
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Dedication Deeds
Honokohau Development Cor~ration/Palani Ranch Company
Paniolo II Subdivision, Increment I
Tax Map Key~317-4-07:099
We are transmitting for the Council's review and consideration for acceptance copies of the
above dedication deeds, along with a resolution accepting the deeds.
For your information, the deeds have been reviewed by the Department of Public Works,
Department of Water Supply and the Planning Department and all have recommended acceptance
of the dedication deeds, as evidenced by the letter copies enclosed herewith. All subdivision
improvements have been completed.
Please note that the inconsistent tax map key numbers are because the new Tax Map Key
No.(3)7-4-07:099 has replaced Tax Map Key No.(3)7-4-08:057.
Upon acceptance of the above dedication deed, please send notification of such acceptance
to: (1) Dean T. Yamamoto, Esq., Codes Schulte Fleming & Wright, 1000 Bishop Street, Suite
1200, Honolulu, Hawaii 96813-4216; (2) Harry Takahashi, Director of Finance, County of Hawaii;
and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said deeds with the
Bureau of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By ~ x{33
G LD TAKASE
De uty Corporation Counsel Comm. No.
GT:de File No. ~ S U 6
Encs. Ref. To: P w r ~
2cS. /39-99 S
Ref. Date
LAND COURT SYSTEM REGULAR SYSTEM
Retum by Mail ( ) Pickup (XX)
To: Dean T. Yamamoto, Esq.
Cades Schulte Fleming & Wright
1000 Bishop Stree4 10'~ Floor
Honolulu, Hawaii 96813
Telephone No.: 521-9200
Tax Map Key No: (3) 7-4-7:99
Total Na. of Pages:
Roadway Lot A
DEDICATION DEED
1998, b
THIS DEED, made this ~ day of ~C~''^ Y
HONOKOHAU DEVELOPMENT CORPORATION, a Hawaii corporation, whose principal
place of business and mailing address is 3465 Waialae Avenue, Suite 260, Honolulu, Hawaii
96816, hereinafter called the "Grantor," and the COUNTY OF HAWAII, a municipal
corporation, whose principal place of business and mailing address is 25 Aupuni Street, Hilo,
Hawaii 96720, hereinafter called the "Grantee,"
WITNESSETH:
That in consideration of the sum of ONE DOLLAR ($1.00) and other valuable
consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor
does hereby grant, dedicate and convey unto the Grantee, its successors and assigns, forever, the
real property described in Exhibit "A" attached hereto and made a part hereof.
IMANF10N0:114904.1
TOGETHER with reversions, remainders, rents, issues and profits thereof, and all
rights, easements, improvements, privileges and appurtenances thereunto belonging or
appertaining, and all of the estate, right, title and interest of the Grantor, both at law and in
equity, therein and thereto.
TO HAVE AND TO HOLD the same, unto the Grantee, for the purpose of
roadway use, forever.
AND, in consideration of the premises, the Grantor does hereby covenant with the
Grantee that the Grantor is seised of the property herein described in fee simple; that said
property is free and cleaz of and from all liens and encumbrances, except as may herein
specifically be set forth; that the Grantor has good right to sell and convey said property, as
aforesaid; and that the Grantor will WARRANT and DEFEND the same unto the Grantee against
the ]awful claims and demands of all persons, except as aforesaid.
The rights and obligations of the Grantor and the Grantee shall be binding upon
and inure to the benefit of their respective estates, heirs, personal representatives, successors,
successors in trust and assigns. All obligations undertaken by two or more persons shall be
deemed to be join and several unless a contrary intention shall be cleazly expressed elsewhere
herein.
The conveyance herein set forth and the warranties of the Grantor concerning the
same aze expressly declazed to be in favor of the Grantee, its successors and assigns.
The term "Grantor" and "Grantee," as and when used herein, or any pronouns
used in place thereof, shall mean and include the masculine or feminine, the singulaz or plural
number, individuals or corporations, and their and each of their respective successors, heirs,
personal representatives and assigns, according to the context thereof If these presents shall be
signed by two or more grantors, all covenants of such parties shall for all purposes be joint and
several.
2
U1ANHON0:114804.1
IN WITNESS WHEREOF, the Grantor has executed these presents on the day
and yeaz first above written.
HONOKOHAU DEVELOPMENT
CORfP/ORATION, a Hawani
corp~or\tion
gy. ~ I dYYpA~- ~J ~J 1 u
Name: Norman S. Hom
Title: President
By:
Name: J es . Greenwell
Title: 'ce President
APPROVED AS TO FORM
AND LEGALITY
By
Corporation Counsel
County of Hawaii
Date:
3
Q.IANHONO:I 14804.1
STATE OF HAWAII )
SS:
CITY AND COUNTY OF HONOLULU )
On this 7 ~ day of ~G~~ , 1998, before me personally
appeazed NORMAN S. HOM and JAMES S. GREENWELL, to me personally known, who,
being by me duly sworn or affirmed, did say that such persons executed the foregoing instrument
as the free act and deed of such persons, and if applicable in the capacity shown, having been
duly authorized to execute such instrument in such capac/ity.
Notary Pubic, State of Hawaii
Name: ~ltit l D YRMf}
My commission expires: Ru U s
T ZG~, e~Q"D L
4
UTANHON0:114804.I
EXHIBIT "A"
PANIOLO II SUBDNISION, INCREMENT I
ROADWAY LOT A
LAND SITUATED AT HONOKOHAU 2ND, NORTH KONA, ISLAND OF
HAWAII, HAWAII.
Being a portion of Royal Patent 6855, Land Commission
Award 9971, Apana 9 to Wm. Pitt Leleiohoku.
Beginning at the northeast corner of this parcel of land,
being also the southeast corner of Lot 5 and the northwest corner
of Hao Kuni Street, the coordinates of said point of beginning
referred to "Hawaii Plane Coordinate Grid System, Zone 1", being
308,190.66 feet North and 332,107.25 feet East, thence running by
azimuths measured clockwise from true South:
1. 350° 30' 50.00 feet along Hao Kuni Street;
2. 79° 48' 18" 311.22 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lots 1, 2 and 3);
3. 169° 48' 18" 50.00 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 7);
4. -259° 48' 18" 32.19 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 4);
5. Thence along same on a curve to the left with a radius of
30.00 feet, the chord azimuth and
distance being: 215° 09' 09"
42.17 feet;
6. 170° 30' 55.66 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 4);
7. 260° 30' 50.00 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to.Wm. Pitt
Leleiohoku (Lot 8);
8. 350° 30' 54.33 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 5);
ptANHON0:114804.1 EXHIBIT "A"
Page 1 of 2
9. Thence along same on a curve to the left with a radius of
30.00 feet, the chord azimuth and
distance being: 305° 09' 09"
42.68 feet;
10. 259° 48' 18" 169.63 feet along the remainder of R.P. 6855,
L. C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 5) to the point of
beginning and containing an area
of 20,212 Square Feet.
SUBJECT, HOWEVER, to reservation in favor of the State of Hawaii of all mineral and
metallic mines.
BEING A PORTION OF THE PREMISES ACQUIILED BY WARRANTY DEED:
GRANTOR PALANI RANCH COMPANY, INC., a Hawaii
corporation
GRANTEE HONOKOHAU DEVELOPMENT
CORPORATION, a Hawaii corporation
DATED October 15, 1998
DOCUMENT NO. 98-159641
prANHON0:1148dt.1 EXHIBIT "A"
Page 2 of 2
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail ( ) Pickup (X}~
To: Dean T. Yamamoto, Esq.
Cades Schulte Fleming & Wright
1000 Bishop Street, ]0'" Floor
Honolulu, Hawaii 96813
Telephone No.: 521-9200
Tax Map Key No: (3) 7-4-7:99
Total No. of Pages:
Roadway Lot B
DEDICATION DEED
THIS DEED, made this ~ ~ day of bc~ , 1998, by
PALANI RANCH COMPANY, INC., a Hawaii corporation, whose principal place of business
and mailing address is 3465 Waialae Avenue, Suite 260, Honolulu, Hawaii 96816, hereinafter
called the "Grantor," and the COUNTY OF HAWAII, a municipal corporation, whose principal
place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called
the "Grantee,"
WITNESSETH:
That in consideration of the sum of ONE DOLLAR ($1.00) and other valuable
consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor
does hereby grant, dedicate and convey unto the Grantee, its successors and assigns, forever, the
real property described in Exhibit "A" attached hereto and made a part hereof.
TOGETHER with reversions, remainders, rents, issues and profits thereof, and all
rights, easements, privileges and appurtenances thereunto belonging or appertaining, and all of
UTANHON0:83027.1
the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto.
TO HAVE AND TO HOLD the same, unto the Grantee, for the purpose of
roadway use, forever.
AND, in consideration of the premises, the Grantor does hereby covenant with the
Grantee that the Grantor is seised of the property herein described in fee simple; that said
property is free and clear of and from all liens and encumbrances, except as may herein
specifically be set forth; that the Grantor has good right to sell and convey said property, as
aforesaid; and that the Grantor will WARRANT and DEFEND the same unto the Grantee against
the lawful claims and demands of all persons, except as aforesaid.
The rights and obligations of the Grantor and the Grantee shall be binding upon
and inure to the benefit of their respective estates, heirs, personal representatives, successors,
successors in trust and assigns. All obligations undertaken by two or more persons shall be
deemed to be join and several unless a contrazy intention shall be cleazly expressed elsewhere
herein.
The conveyance herein set forth and the wazranties of the Grantor concerning the
same aze expressly declazed to be in favor of the Grantee, its successors and assigns.
The term "Grantor" and "Grantee," as and when used herein, or any pronouns
used in place thereof, shall mean and include the masculine or feminine, the singulaz or plural
number, individuals or corporations, and their and each of their respective successors, heirs,
personal representatives and assigns, according to the context thereof. If these presents shall be
signed by two or more grantors, all covenants of such parties shall for all purposes be joint and
several.
Q.IANHON0:83027.1 2
IN WITNESS WHEREOF, the Grantor has executed these presents on the day
and yeaz first above written.
PALANI RANCH COMPANY, INC., a Hawaii
corporation
By:
Name a Greenwell
Title: id
By:
Name: Norman S. Hom
Title: Vice President
APPROVED AS TO FORM
AND LEGALITY
By
Corporation Counsel
County of Hawaii
Date:
QNANHON0:83027.1 3
STATE OF HAWAII )
SS:
CITY AND COUNTY OF HONOLULU )
On this i ~ day of peL'2.ltAX~ , 1998, before me personally
appeazed JAMES S. GREENWELL and NORMAN S. HOM, to me personally known, who,
being by me duly sworn or affirmed, did say that such persons executed the foregoing instrument
as the free act and deed of such persons, and if applicable in the capacity shown, having been
duly authorized to execute such instrument in such capacity.
~ ~ ~
Notary Pu ic, State of Hawaii
Name: IGJMI Y. OYA~fA
My commission expires: Auius Zc..~ G'~ Z
IMANHON0:83027.1 4
EXHIBIT "A"
PANIOLO II SUBDIVISION, INCREMENT I
ROADWAY LOT B
LAND SITUATED AT HONOKOHAU 2ND, NORTH KONA, ISLAND OF
HAWAII, HAWAII.
Being a portion of Royal Patent 6855, Land Commission
Award 9971, Apana 9 to Wm. Pitt Leleiohoku.
Beginning at the south corner of this parcel of land, being
also the southeast corner of Lot 6 and the northwest corner of
Kealakaa Street, the coordinates of said point of beginning
referred to "Hawaii Plane Coordinate Grid System, Zone 1", being
307,723.04 feet North and 331,790.85 feet East, thence running by
azimuths measured clockwise from true South:
1. 155° 11' 23" 70.00 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 6);
2. 245° 11' 23" 60.00 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 7);
3. 335° 11' 23" 90.54 feet along the remainder of R.P. 6855,
L.C. Aw. 9971, Ap. 9 to Wm. Pitt
Leleiohoku (Lot 3);
4. 84° OS' 63.42 feet along Kealakaa Street to the point
of beginning and containing an area
of 4,816 Square Feet.
SUBJECT, HOWEVER, to reservation in favor of the State of Hawaii of all mineral and
metallic mines.
BEING A PORTION OF THE PREMISES ACQUIRED BY WARRANTY DEED:
GRANTOR LANIHAU PARTNERS L.P., a Hawaii corporation
GRANTEE PALANI RANCH COMPANY, INC., a Hawaii
corporation
DATED December 23, 1993
DOCUMENT NO. 93-214183
UTANHON0:8J02Z1 EXHIBIT "A"
r~rti
Off`` ,`^i
1i ~i C/'~. r
DEPARTMENT OF WATER SUPPLY • COUNi~~F~~AIAII
o
b~~i 26 AUPUNI STREET HILO, HAWAII 96720
x~r~11' r
TELEPHONE (808) 961-8660 FAX 80 ~ 67 In
ROUtING
January 5. 1999 cc Acc
.~'d ii ;JCL.
T A J i uF ~I ~,i1t>II
GIA KAM
SHI KEN
T0: Mr. Richard D. Wurdeman. Corporation Counse roR
ATTENTION: MR. GERALD TAKASE, DEPUTY CORPORATION COUNSEL
FROM: Milton D. Pavao, Manager
SUBJECT: DEDICATION DEED: PANIOLO II SUBDIVISION, INCREMENT I
GRANTORS: HONOKOHAU DEVELOPMENT CORP./PALANI RANCH COMPANY, INC.
TAX MAP KEY: (3) 7-4-007:099 (FORMERLY 7-4-008:POR. 057)
The Department of Water Supply has no objections as to the acceptability of this
document.
Milton D. Pavao, P.E.
Manager
RA:gms
Enc.
!/Vafer brined pro~red9...
_._...__•~+GU I ii•.~W
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DEPARTMENT OF P~~BLIC WORK"~
i
COUNTY OF HAINAI~1 ~ ~ - ~
HILO, HAWAII ' -----I
i:~:i L
DATE: May 21, 1999
TO: Gerald Takase, Deputy Corporation Counsel
FROM: ~ Gale~1 M. Kuba, Engineering Division Chief
SUBJECT: DEDICATION OF ROADWAY LOTS "A" AND "B"
Subdivision: Paniolo II, Increment I
Grantors: Honokohau Development Corp. / Palani Ranch Company, Inc.
Subdivision No.: 95-044
Location: Honokohau 2ntl, North Kona, Hawaii
Tax Map Key: 7-4-08: 057
DPW Folder No.: 74124
A dedication field inspection has been satisfactorily completed.
The subdivision's roads were built to County dedicable standards and we recommend
dedication.
Please refer questions to Kelly Gomes at ext. 8327.
KG
c: Honokohau Development Corp.
(3465 Waialae Ave., Suite 260, Hon. 96816)
Planning Department
ENG-KON
TRF
d~ir-~;_IVF[~
~M„`°."'!tkt~ SIG 26 Virginia Goldstein
Stephen K. Yamashiro y,uE U ' 1! I 1 ~ 19 D;recror
Mnynr
C Russell Kokubun
o ;;`i Deputy Director
~~tf OF M~w~ :II~
J~__
ft~Q>,t>t>r#~r Q~ ~~C~ZI7<t -w ROUTI^dG
CC AGC
PLANNING DEPARTMENT T_. NR
25 Aupunl SVeaf, Room 109 • Hilo, Hawaii 96720.4252 TA{7 JAB
(808) 961.8288 • Fax (808) 961.8742
GIA KAM
SI;I _ KFN
TCR
August 24, 1999
TO: Richard Wurdeman
Corporation Co /
FROM: Virginia K. Gol tc}~ ein''`""
Planning Director
SUBJECT: DEDICATION DEED
PANIOLO II SUBDIVISION, INCREMENT I (SUB 6992)
GRANTORS: HONOKOHAU DEVELOPMENT CORP./
PALANI RANCH CO., INC.
TMK: 7-4-007099
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.
We are attaching the street name information along with the deed documents.
ETC.jdk
SUB 6992
Attachments