The URL can be used to link to this page

Home My WebLink AboutRES 140 Draft 01 2020-2022 Mitchell D. Roth °``: Elizabeth A. Strance ' Mayor • 6r�,� Corporation Counsel ��f��'• Laureen L. Martin - • Assistant Corporation 0;10, Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo, Hawaii 96720 • (808)961-8251 • Fax(808)961-8622 June 3, 2021 C a Maile David, Chairwoman, and Council Members Hawaii County Council --- 25 Aupuni Street Hilo, Hawai`i 96720 • Re: WHBP INVESTMENT, LLC - Dedication Deed TMK: (3) 7-4-008:090 Lia - WITHDRAWAL OF REQUEST Dear Chairwoman David and Council Members: We are withdrawing our request for Council approval of the resolution for acceptance of the dedication deed scheduled for Tuesday, June 15, 2021. The attorneys representing WHBP INVESTMENT, LLC has asked to remove it from the agenda. Please contact our office should you have any questions at (808) 961-8251. Very truly yours, Digitally signed by Emily n r Hirayama W'1 Date:2021.06.03 11:54:13 -10'00' DALILAH E. SCHLUETER Deputy Corporation Counsel DES:evh Comm. No. 111. I Ref. To: Ref. Date JUN 0 3 2021 Hawaii County is an Equal Opportunity Employer and Provider OJNtV OF N,1 COUNTY OF HAWAII STATE OF HAWAII rToF•N►' RESOLUTION NO. JL40 21 A RESOLUTION ACCEPTING THE DEDICATION OF LOT 1-F, IDENTIFIED AS TMK NO. (3) 7-4-008:090, SITUATED AT HONOKOHAU 1sT, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM WHBP INVESTMENT, LLC. WHEREAS, WHBP Investment, LLC, a Hawaii limited liability company (hereinafter "Owner"), is the owner of Parcel 1-F, designated as TMK No. (3) 7-4-008:090 (hereinafter the "Property"), situated at Honokohau 1 st, District of North Kona, Island and County of Hawaii, State of Hawaii, as described in Exhibit "A" and delineated on Exhibit `B", which are attached hereto and made a part hereof; and, WHEREAS, Owner is desirous of dedicating the Property for purposes of allowing the County of Hawaii to construct and operate a regional sewer pump station and related purposes; and, WHEREAS, the County of Hawaii, through its Department of Environmental Management, is desirous of using the Property for regional sewer pump station and related purposes; and, WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the Council may accept gifts, including real estate or any interest in real estate on behalf of the County of Hawaii; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it is in the public interest to accept such donation of the Property; BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, that the County of Hawaii accepts the dedication of the Property for public regional sewer pump station and related purposes; SE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to: (1) the Mitchell Roth, Mayor of the County of Hawaii; (2) the Department of Environmental Management; (3) Deputy Corporation Counsel Dalilah Schlueter; and (4) the Law Offices of Yeh & Kim, Attn: Thomas L.H. Yeh, 505 Kilauea Avenue, Hilo, Hawaii 96720. Dated at COUNTY COUNCIL County of Hawaii Hilo, Hawaii Hawaii, this day of 20 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 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 2 ROLL CALL VOTE AYES NOES ABS EX CHUNG DAVID INABA KANEALI `I-KLE INFELDER KIERKIEWICZ KIMBALL LEE LOY RICHARDS VIILEGAS Reference: C-277/RAWEEMC RESOLUTION NO. X40 21 EXHIBIT A All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent 7587, Land Commission Award 11216, Apana 36 To M. Kekauonohi (Certificate of Boundaries No. 13 8) and Land Patent Number Grant S-15096 To Lanihau Corporation, et.al., situate, lying and being at Honokohau I", North Kona, Island and County of Hawaii, State of Hawaii, being LOT 1-F, and thus bounded and described as per survey dated August 7, 2020: Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Hawaiian Plane Coordinate Grid System, Zone 1, being 307,209.96 feet North and 321,358.58 feet East and thence running by azimuths measured clockwise from true South: Along Lot I -E, being portions of R.P. 7587, L.C.Aw. 11216, Ap. 36 to M. Kekauonohi (Certificate of Boundaries No. 138) and Grant S-15096 to Lanihau Corporation, et.al., on a curve to the left with a radius of 60.00 feet, the chord azimuth and distance being: 2950 33' 04.5" 81.97 feet; 3420 28' 253.88 feet along Lot I -E, being portions of R.P. 7587, L.C.Aw. 11216, Ap. 36 to M. Kekauonohi (Certificate of Boundaries No. 13 8) and Grant S-15096 to Lanihau Corporation, et.al.; 780 15' 30" 366.34 feet along Lot I -E, being portions of R.P. 7587, L.C.Aw. 11216, Ap. 36 to M. Kekauonohi (Certificate of Boundaries No. 13 8) and Grant S-15096 to Lanihau Corporation, et.al.; 4. 1480 10" 212.64 feet along the East side of Queen Kaahumanu Highway (Proj. No. BD -65-352); 5. Thence along the East side of Queen Kaahumanu Highway (Proj. No. BD -65-352), on a curve to the right with a radius of 5904.00 feet, the chord azimuth and distance being: 1480 30' 03.5" 68.88 feet; EXHIBIT "A"' pg 1 6. 2520 28' August 7, 2020 373.74 feet along Lot 1-E, being portions of R. P. 7587, L.C.Aw. 11216, Ap. 36 to M. Kekauonohi (Certificate of Boundaries No. 13 8) and Grant S-15096 to Lanihau Corporation, et.al. to the point of beginning and containing and area of 2.596 Acres. M R. M. TOWILL CORPORATION uDescription Prepared by: PROSR/�'! t"AS5'�� 4/30/22 ��A Dan L.M. Akita Expiration Date Licensed Professional Land Surveyor Certificate Number 12749 TOGETHER WITH a non-exclusive easement for access and utility purposes over and across ROAD LOT I and EASEMENT R-2, said Road Lot 1 and Easement R-2 being more particularly described in the Affidavit Re Subdivision Approval dated September 24, 2020, recorded as Document No. A-75760651, and shown on the revised plat map of Subdivision No. SUB -19-001890 approved by the Planning Director, County of Hawaii, on September 8, 2020. Said Lot 1-P' being a portion of the premises acquired by WHBP INVESTMENT LLC, a Hawaii limited liability company, from WEST HAWAII BUSINESS PARK LLC, a Hawaii limited liability company, by the following instruments: (2) LIMITED WARRANTY DEED WITH COVENANTS AND RESERVATIONS dated March 28, 2019, recorded as Document No. A-70260893. LIMITED WARRANTY DEED WITH COVENANTS AND RESERVATIONS dated March 28, 2019, recorded as Document No. A-70260894. EXHIBIT "A„ pg 2 SUBJECT. HOWEVER, to the following: Mineral and water rights of any nature. 2. The terms and provisions contained in the following: INSTRUMENT: LAND PATENT GRANT NO. S-15,096 DATED: April 10, 1973 3. ABUTTER'S RIGHT OF VEHICLE ACCESS into and from Kailua-Kawaihae Road, Section II, Project No. BD -65-352, as condemned by the State of Hawaii by FINAL ORDER OF CONDEMNATION dated and filed on February I7, 1976 in Civil No. 1798, Circuit Court of the Third Circuit, State of Hawaii, and recorded in Liber 11299 at Page 132. 4. RESTRICTION OF VEHICLE ACCESS RIGHTS along Kailua-Kawaihae Road, Section II, Project No. BD -65-352, as set forth in EXCHANGE DEED recorded in Liber 11998 at Page 375. GRANT TO: HAWAII ELECTRIC LIGHT COMPANY, INC. and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, now known as HAWAIIAN TELCOM, INC. DATED: April 2, 1985 RECORDED: Liber 18611 Page 522 GRANTING: a right and easement for utility purposes 6. The terms and provisions contained in the following: INSTRUMENT: CERTIFICATE OF CONDITIONS DATED: January 26, 2004 RECORDED: Document No. 2004-032728 Said Certificate of Conditions was amended by instrument dated --- (acknowledged January 22, 2010), recorded as Document No. 2010-012585. 7. The terms and provisions contained in the following: INSTRUMENT: WELL DEVELOPMENT AGREEMENT (unrecorded) DATED: August 22, 2006 PARTIES: LANIHAU PROPERTIES, LLC, a Hawaii limited liability company, WEST HAWAII BUSINESS PARK, LLC, a Hawaii limited Iiability company, PALANI RANCH COMPANY, INC., a Hawaii corporation, "Owners", and WATER BOARD OF THE COUNTY OF HAWAII, "Board", the governing board of the DEPARTMENT OF WATER SUPPLY, a semi -autonomous agency of the County of Hawaii, "DWS" A MEMORANDUM OF WELL DEVELOPMENT AGREEMENT, dated October 5, 2006, was recorded as Document No. 2006-188411. Said Agreement was supplemented by instruments dated August 12, 2009, recorded as Document No. 2009-147063, and dated effective July 27, 2015, recorded as Document No. A-57010550. 8. The terms and provisions contained in the following: INSTRUMENT: DECLARATION REGARDING DESIGNATION OF EASEMENTS (Setbacks Relating to Cave Site 18088) DATED: September 4, 2007 RECORDED: Document No. 2007-160990 9. The terms and provisions contained in the following: INSTRUMENT: DECLARATION REGARDING POLLUTION PREVENTION PLAN FOR WEST HAWAII BUSINESS PARK DATED: June 18, 2008 RECORDED: Document No. 2008-102908 10. The terms and provisions contained in the following: INSTRUMENT: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STORM WATER AND SURFACE WATER RUN-OFF DATED: August 26, 2008 RECORDED: Document No. 2008-136287 11. The terms and provisions contained in the following: INSTRUMENT: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WEST HAWAII BUSINESS PARK DATED: December 17, 2008 RECORDED: Document No. 2008-191978 Said Declaration was amended by instrument dated March 29, 2016, recorded as Document No. A-59320505. Said Declaration was further amended by Second Amendment of Declaration of Covenants, Conditions and Restrictions For Honokohau Nui (Formerly Known as West Hawaii Business Park) dated November 25, 2020, recorded as Document No. A76420584 12. The terms and provisions contained in the following: INSTRUMENT: OFF-SITE IMPROVEMENT AGREEMENT (WEST HAWAII BUSINESS PARK) DATED: August 12, 2009 RECORDED: Document No. 2009-147062 PARTIES: LANIHAU PROPERTIES, LLC, a Hawaii limited liability company, WEST HAWAII BUSINESS PARK, LLC, a Hawaii limited liability company, and the WATER BOARD OF THE COUNTY OF HAWAII (the "Water Board") which is the governing board of the Department of Water Supply, a semi -autonomous agency of the County of Hawaii ("DWS") 13. The terms and provisions contained in the following: INSTRUMENT: LIMITED WARRANTY DEED WITH COVENANTS AND RESERVATIONS DATED: March 28, 2019 RECORDED: Document No. A-70260893 14. RESTRICTION OF VEHICLE ACCESS RIGHTS ALONG: Kaahumanu Highway REFERENCE: Plat map for Subdivision No. SUB -19-001890 prepared by Dan L.M. Akita, Land Surveyor with R.M. Towill Corporation, dated August 7, 2020 and approved by the Planning Department, County of Hawaii, on September 8, 2020 15, DESIGNATION OF EASEMENT "L-14" (50 -feet wide) PURPOSE: Landscaping REFERENCE: Plat map for Subdivision No. SUB -19-001890 prepared by Dan L.M. Akita, Land Surveyor with R.M. Towill Corporation, dated August 7, 2020 and approved by the Planning Department, County of Hawaii, on September 8, 2020 16. The terms and provisions contained in the following: INSTRUMENT: DECLARATION AND GRANT OF EASEMENT RIGHTS (Road Lot 1) DATED: November 25, 2020 RECORDED: Document No. A76420586 EXHIBIT "A°' pg 5 17. The terms and provisions contained in the following: INSTRUMENT: DECLARATION OF EASEMENT RIGHTS (Easement R-2) DATED: November 25, 2020 RECORDED: Document No. A76420585 18. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. End of Exhibit "A" EXHIBIT "A" pg 6 2126h � PPNvM�,Nv 110 � 0601 ENLARGEMENT Scale: 1 inch = 10 feet RMTC Ref. No.: 1-22522-4—S FN: Lanihou 1—A—B, C & D Subd FNL.Dwg Exhibit B 1RUF NORN Lot 1—E o 0 o � Lot 1—F I � 2 23� Y O � .O CD a� N / ZCO "' a ELO N � II� � Lot A-3 E o O C Easement 2 N pCO M o t E 10 N O •p O) c Q Easement L-14 o 1 0 a. 60 rn o N on 0= Easement L-15 .„I I 2126h � PPNvM�,Nv 110 � 0601 ENLARGEMENT Scale: 1 inch = 10 feet RMTC Ref. No.: 1-22522-4—S FN: Lanihou 1—A—B, C & D Subd FNL.Dwg Exhibit B