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Home My WebLink AboutCOM 0374.000 2020-2022 I Mitchell D. Roth ..-;4'177.5 .1!•1--- ,a; Elizabeth A. Strance mayor IdCorporation Counsel ; Laureen L. Martin %.---,. -1=- - Assistant Corporation ••Ti'o 4;0---- Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720 • (808)961-8251 • Fax(808)961-8622 August 25, 2021 (.::;C): C": Maile David, Chairwoman, and Council Members - Hawai`i County Council �- , 25 Aupuni Street ` Hilo, Hawai`i 96720 . -r Dear Chairwoman David and Council Members: Re: CASTLE& COOKE WAIKOLOA, LLC -Dedication Deed TMK: (3) 6-8-037-058 (LOT 58) Transmitted herewith for Council approval is a resolution accepting the Dedication Deed from CASTLE& COOKE WAIKOLOA, LLC to the County of Hawai`i. Also attached is a copy of Exhibit"A"to"B"to the Resolution, signed Deed from - CASTLE& COOKE WAIKOLOA, LLC, as well as copies of approval letters from the various departments concerned. Very truly yours, DALILAH E. SCHLUETER Deputy Corporation Counsel DES:evh Enclosures < es. (% ) Comm. No. 'big- Hawaii County is an Equal Opportunity Employer and Provider Ref. To: Pity Ref. Date UG7 2021 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Total Pages: 8 Tax Map Key: (3) 6-8-037-058 DEDICATION DEED KNOW EVERYONE BY THESE PRESENTS: That, CASTLE & COOKE WAIKOLOA, LLC, a Hawaii limited liability company, whose principal place of business and mailing address is 680 Iwilei Road, Suite 510, Honolulu, Hawaii 96817, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it 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 the "Grantee", the receipt of which is hereby acknowledged, does hereby grant, bargain, -1- • sell and convey unto the Grantee, its successors and assigns, for roadway purposes, in fee simple, forever, the following real property: All of that certain piece or parcel of land situate at Waikoloa, District of South Kohala, Island, County and State of Hawaii, more particularly described in Exhibit "A" attached hereto and made a part hereof by reference, subject to any encumbrances hereinabove or hereinafter mentioned. Being a portion of the premises conveyed to the Grantor herein by Deed dated June 22, 2001, and recorded with the Bureau of Conveyances of the State of Hawaii as Document No. 2001-095348. And the reversions, remainders, rents, issues and profits thereof 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, 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, in fee simple, forever, subject to any encumbrances hereinabove or hereinafter mentioned. AND the Grantor, for itself, its successors and assigns, does hereby covenant with the Grantee, its successors and assigns, that it is seised in fee simple of the above-described premises; that the same is free and clear of and from all encumbrances made or suffered by the Grantor other than those hereinabove or hereinafter mentioned, and real property taxes for the current year not yet by law required to be paid; that it has good right to sell and convey the same as aforesaid; and that it will WARRANT AND DEFEND title to the same unto the Grantee against the -2- lawful claims and demands of all persons claiming by, through or under the Grantor, except as mentioned hereinabove or hereinafter. The rights and obligations of the Grantor and the Grantee shall be binding upon and inure to the benefit of their respective heirs, devisees, personal representatives, successors, and assigns. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. [Signatures on following page] -3- IN WITNESS WHEREOF, the Grantor has executed these presents this l241‘ day of Decevh '' , 2018. CASTLE & COOKE WAIKOLOA, LLC a Hawaii limited liability company By LAURALEI TANAKA Its Vice President, Controller &Asst. Treasurer III T: Of T. FUKUHARA Its ice President &Asst. Secretary APPROVED AS TO FORM AND LEGALITY: Assistant Corporation Counsel County of Hawai'i -4- STATE OF HAWAII ) ) SS. CITY AND COUNTY OF HONOLULU ) 143 D'Wraii) On this I day of , 2018, before me personally appeared LAURALEI TANAKA and TROY T. FUKUHARA, to me personally known, who, being by me duly sworn or affirmed, did say that such persons executed this 8-page Dedication Deed dated , `'�'�l •LI�' , 2018, in the First Circuit of the State of Hawaii, as the free act and deed of such persons, and if applicable in the capacities shown, having been duly authorized to execute such instrument in such capacities. KYO • ATOC Notary Public, State of Hawaii ` = Mycommission expires: June 14, 2020 •�F.rz��.�' P hr. -5- , ,"'d4"44:4 pfr W ATEq S-4 '_C DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII �G_y-ry.. 3Q' 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE (808) 961-8050 FAX (808) 961-8657 March 8,2019 TO: Mr. Joseph K. Kamelamela, Corporation Counsel Attention: Mr. Ronald Kim,Deputy Corporation Counsel FROM: Keith K. Okamoto,Manager-Chief Engineer SUBJECT: Dedication Deed Grantor: Castle & Cooke Waikoloa,LLC (Kikaha at Wehilani—Phase 1) Tax Map Key (3) 6-8-037:058. Waikoloa,South Kohala,Island of Hawaii,Hawaii We have reviewed the subject Dedication Deed document and have no objection to it being accepted by the Hawai`i County Council. Should there be any questions, please call Mr. Ronaldo B. Aurelio at 961-8070, extension 287. Sincerely yours, 1/4/1414#4) Keith K. Okamoto, P.E. Manager-Chief Engineer RBA:dfg • . . . Water, Our Most Precious Rcsource. . . R a WaiA ?(ane. . . The Department of Water Supply is an Equal Opportunity provider and employer. Ha Kim o %oF'N''+, Michael Yee Mayor • �r •I�%%%� % Director Wil Okabe - Duane Kanuha Managing Director ;_ —�..� Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MEMORANDUM DATE: April 5, 2019 TO: RONALD KIM Deputy Corporation Council ATTN: EMILY HIRAYAMA Legal Clerk III FROM: MICHAEL YEE Planning Department, Director SUBJECT: Roadway Dedication Deed Kikaha at Wehilani, Phase 1 Subdivision Final Subdivision Approval No. SUB-04-000001 TMK: (3) 6-8-037:058 We have reviewed the subject dedication deed and have no comments. We recommend that the dedication be accepted by the County Council inasmuch as the project is in full compliance to the extent applicable with the provisions of Chapter 23 ,(Subdivisions) of the Hawaii County Code. Should you have any questions, please feel free to contact Hans Santiago of this department at (808) 961-8165. HS:jaa P:\Admin Permits Division\Subdivision\2019\2019-2\SUB-04-000001 KikahaPhasel Road Dedication Comment Memo 2019-4-5.doc www.hiplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planningkchawaiicounty.gov Harry Kim � �yns ' William A.Kucharski •Mayor , "� /,;.' ��.`' Director Wilfred M.Okabe .� ,W ;' Diane A.Noda Managing Director - Deputy Director &Mxit r of Raton-V-1. DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41•Hilo,Hawaii 96720 Ph:(808)961-8083•Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov • TO: Ronald Kim Deputy Corporation Counsel FROM: William A. Kucharski in-4 A Director DATE: March 27,2019 RE: Dedication Deed—Kikaha at Wehilani—Phase 1 Tax Map Key: (3)6-8-037:058 Castle&Cooke Homes Hawai`i, Inc. Pursuant to your February 27,2019,memorandum,the Solid Waste Division and Wastewater Division of the Department of Environmental Management have reviewed the proposed Dedication Deed and have no objections to its acceptance. Thank you. WK:mef County of Hawaii is an Equal Opportunity Provider and Employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 21, 2021 Wiionaadft TO: Dalilah Schlueter, Deputy Corporation Counsel FROM: Steven Ikaika Rodenhurst, Director SUBJECT: ROADWAY DEDICATION DEED Grantor: Castle & Cooke Waikoloa LLC Subdivision: Kikaha at Wehilani Phase 1 at Waikoloa Subdivision TMK: 6-8-002:027 Roadway TMK: 6-8-037:058 DPW Folder No.: 6849-M We have reviewed the subject deed and recommend that it be accepted by the Council inasmuch as the subject road improvements and streetlights have been inspected and found to comply with Department of Public Works Standard Details, are in acceptable condition for dedication, and are in full compliance with the provisions of Chapter 23 of the Hawaii County Code. Questions may be referred to Melanie DeMello at 961-8927. MD Enclosures cc: Kevin Perry via e-mail to kperry@castlecooke.com (w/o enclosure) Bert Yamamoto via e-mail to by-ecdhawaiichawaii.rr.com (w/o enclosure) ENG-KON (w/o enclosure) Planning Department (w/o enclosure) County of Hawaii is an Equal Opportunity Provider and Employer