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Home My WebLink AboutCOM 0416.000 2020-2022 Mitchell D. Roth �,�veoF X Elizabeth A. Strance �. ';�,� Mayor _rt tl,i,�; Corporation Counsel J S. Yoshimoto Assistant Corporation '>e&s°w►ji Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 • Hilo,Hawai'i 96720 • (808)961-8251 Fax(808)961-8622 September 9, 2021 Maile David, Chairwoman, and Council Members 2' Hawaii County Council 25 Aupuni Street ,,� Hilo, Hawaii 96720 Dear Chairwoman David and Council Members: . �.m Re: MOANIALA HOLDINGS, LLC (PHASE 3) - Dedication Deed TMK NOS.: (3)2-4-082:155; (3) 2-4-082:156; and(3) 2-4-082:157 Transmitted herewith for Council approval is a resolution accepting the Dedication Deed from MOANIALA HOLDINGS, LLC (PHASE 3)to the County of Hawaii. Also attached is a copy of the Deed from MOANIALA HOLDINGS, LLC, Exhibits "A" - "C"to the Resolution, as well as copies of approval letters from the various departments concerned. Very truly yours, Digitally signed by Emily D ma ll� i Date:20022 Date: 1.09.09 09:50:40-10'00' DALILAH E. SCHLUETER Deputy Corporation Counsel DES:evh Enclosures Hawaii County is an Equal Opportunity Employer and Provider comm. Ref. To: o. Ref. tete S 2 11 021 3 I 3 i I i 3 I i iI 3 LAND COURT REGULAR SYSTEM (AREA ABOVE RESERVED FOR RECORDING INFORMATION) 3 After Recordation, Return by®Mail or❑Pick-up Phone#: 3 Office of the Corporation Counsel 101 Aupuni Street,Suite 325 Hilo,Hawaii 96720 DOCUMENT CONTAINS PAGES TITLE OF DOCUMENT: DEDICATION DEED(PHASE 3) i 3 PARTIES TO DOCUMENT: GRANTOR: MOANIALA HOLDINGS,LLC,a Hawaii limited liability company,whose mailing address is 616 Moaniala Street,Honolulu,Hawai`i 96821 GRANTEE: COUNTY OF HAWAII,a municipal corporation duly existing under,pursuant to and by virtue of the laws of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street,Hilo,Hawaii 96720 AFFECTS TAX MAP KEY: (3)2-4-082:155; (3)2-4-082:156; and (3)2-4-082:157 I i a i � DEDICATION DEED (PHASE 3) KNOW ALL MEN BY THESE PRESENTS: BY THIS DEDICATION DEED, made this day of , 2021,by and between MOANIALA HOLDINGS, LLC, a Hawaii limited liability company, whose mailing address is 616 Moaniala Street, Honolulu, Hawaii 96821, hereinafter called the "Grantor", and the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee", for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other valuable consideration paid by the Grantee,the receipt whereof is hereby acknowledged,Grantor does hereby grant,bargain,sell and convey unto the Grantee, its successors and assigns, for public roadway purposes in fee simple, forever, the following real property situate in the Hilo Hillside Estates Subdivision: PHASE 3: Those certain roadway parcels identified as: Lot 22 (Kalulu Street),identified as TMK No. (3)2-4-082:155;Lots 23 and 24 (Kupulau Road), being portions of land identified as TMK No. (3) 2-4-082:156; and Lot 25 (Kini Nani Place), identified as TMK No. (3) 2-4-082:157, situated at Kukuau 1 st, South Hilo, Island and County of Hawaii, State of Hawaii, as more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto, and by reference made part hereof, said lots set forth in Phase 3 being subject to the encumbrances described in Exhibit"C". 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,except as otherwise stated herein. 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, except as noted in the exhibits hereto; that it has good -2- right to sell and convey the same as aforesaid; that its signatory hereto is duly authorized to sell and convey the same as aforesaid, and that it will, and its successors and assigns will, WARRANT AND DEFEND the same unto the Grantee, its successors and assigns,forever,against the lawful claims and demands of all persons whomsoever. IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or plural number, individuals, associations, trustees, corporations or partnerships, and each of their respective successors in interest, agents, employees, persons claiming rights thereby, heirs, executors, personal representatives,administrators and permitted assigns,according to the context thereof,and that if these presents shall be signed by two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. IT IS FURTHER MUTUALLY AGREED that this Dedication Deed may be executed in one or more counterparts,each of which shall be deemed to be an original,but all of which shall constitute one and the same instrument. The submission of a signature page transmitted by facsimile (or similar transmission facility) shall be considered to be an "original" signature page for purposes of this Dedication Deed so long as the original signature page is subsequently transmitted by mail or by other delivery service and the original signature page is substituted for the facsimile signature page in the original and duplicate originals of this Dedication Deed. (signature page follows) -3- IN WITNESS WHEREOF,the said Grantor has executed this instrument the day and year first above written. "GRANTOR" APPROVED AS TO FORM MOANIALA HOLDINGS,LLC, AND LEGALITY: a Hawaii limited liability company i I I By: By: Name: Name: CHRIS BRILHANTE Deputy Corporation Counsel Its: Manager County of Flawai`i "GRANTEE" COUNTY OF HAWAII By: Name: MITCH ROTH Its: Mayor -4- I ' I OF +� Mitchell D.Roth Zendo Kem ep;?• �-�. ,,, Mayor bbl%s Director Lee E.Lord Jeffrey W.Darrow Managing Director ,•• • e,;.*�; Deputy Director �rF oF•Mt� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • * 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawalt 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MEMORANDUM DATE: April 21, 2021 TO: DELILAH SCHLUETER Deputy Corporation Council ATTN: EMILY HIRAYAMA Legal Clerk III FROM: ZENDO KERN ----`-J' Planning Department, Director SUBJECT: Dedication Deed for Various Road Lots - Moaniala Holdings, LLC Reference: COR-21-140664 TMK• (3) 2-4-082. 155 156. & 157 We have reviewed the subject revised dedication deed and have no comments to provide. 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. HS:tb P:\Admin Permits Division\Subdivision\2021\2021-2\HiloHiliside RevDedDeedl MEMO to CorpCounsel 04-21-21.doc www planning hawancounty sov Hawaii County is an Equal Opportunity Provider and Employer planning„a hawaiicounty.�ov og WATBga Off¢ GAAl✓' * w it 49 DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI °Faew+�ai' 345 KEKUANA®`ASTREET, SUITE 20 - HILO, HAWAII 96720 TELEPHONE(808)961-8050 - FAX(808)961-8657 July 15,2021 TO: Ms. Elizabeth A. Strance, Corporation Counsel Attention: Mr. John Mukai, Deputy Corporation Counsel FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Dedication Deed Grantor: Moaniala Holdings,LLC—Phase Tax Map Key: ( )2- -082:115, 156, and 157 kuau Ist, South Hilo,Island of Hawaii,Hawaii We have reviewed the subject Dedication Deed document and have no objection to it being accepted by the Hawaii County Council. Should there be any questions,please call Mr. Ronaldo B. Aurelio at 961-8070,extension 287. Sincerely yours, V"" Keith K. Okamoto, P.E. Manager-Chief Engineer RBA:dmj . . . Water, Our Wost ftecious lZfsource. . . KP Wai g ane. . . The Department of Water Supply is an Equal Opportunity provider and employer. i s DEPARTMENT OF PUBLIC WORKS I COUNTY OF HAWAII HILO, HAWAII DATE: June 15, 2021 E i i TO: Dalilah Schlueter, Deputy Corporation Counsel FROM: Steven Ikaika Rodenhurst, Director SUBJECT: ROADWAY DEDICATION DEED Grantor: Moaniala Holdings, LLC Subdivision: Hilo Hillside Estates, Phase 3 Subdivision TMK: 2-4-082:058 Roadway TMK: 2-4-082:155, 156, and 157 DPW Folder No.: 24437-D 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: Law Offices of Yeh & Kim (kwonggyehandkim.com), Chris Brilhante (chris@brilhanterealtv.com), Inaba Engineering (inabaeng(a hawaiisr.com), Daryn Arai (Da[yn.Arai(a.autlook.com) Planning Department (w/o enclosure) County of Hawaii is an Equal Opportunity Provider and Employer 000st. Mitchel!D.Rath �v Ramzi 1.Mansour Director Mayor +;.:, •;� Brenda loke a-Moses Lee Lard nE of,�.�' P Managing Director Deputy Director County ai`i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 KekOanao'a Street,Suite 41• Hilo, Hawaii 96720 Ph:(808)961-8083- Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: John Mukai,Deputy Corporation Counsel Office of the Corporation Counsel FROM: Ramzi I. Mansour,Director r° Department of Environmental Management DATE: September 15, 2021 SUBJECT: Dedication Deed—Moaniala Holdings, LLC—Phase 3 TMKs: (3) 2-4-082:155, 156& 157 Pursuant to your transmittal dated March 24,2021,the Solid Waste Division and Wastewater Division of the Department of Environmental Management have reviewed the above-referenced dedication deed and have no objections to its acceptance. Thank you for the opportunity to comment. RMlps County of Hawai'i is an Equal Opportunity Provider and Employer SUSAN L.K.LEE LOY „ AARON S.Y. CHUNG Chairperson +; MAIZE MEDEIROS DAVID HOLEKA GORO INABA MATT KANEALI`I-KLEINFELDER ASHLEY L.KIERKIEWICZ Vice Chair HEATHER L.KIMBALL HERBERT M. "TIM"RICIIARDS,III REBECCA VILLEGAS HAWAIJ COUNTY U County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawaii 96720 September 14, 2021 Maile Medeiros David, Council Chair Hawaii County Council 25 Aupuni Street Hilo, HI 96720 RE: Resolution No. 221-21 : A RESOLUTION ACCEPTING THE DEDICATION OF THOSE CERTAIN ROADWAY LOTS IDENTIFIED AS: LOT 22 (KALULU STREET), IDENTIFIED AS TMK NO. (3)2-4-082:155; LOTS 23 AND 24(KUPULAU ROAD),IDENTIFIED AS TMK NO. (3)2-4-082:156; AND LOT 25(KINI NANI PLACE),IDENTIFIED AS TMK NO. (3)2-4-082:157,SITUATED AT HILO HILLSIDE ESTATES PHASE 3,KUKUAU 1ST,SOUTH HILO,ISLAND AND COUNTY OF HAWAII,STATE OF HAWAII FROM MOANIALA HOLDINGS,LLC. Pursuant to Section 2(g) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Public Works and Mass Transit to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Public Works and Mass Transit for placement on its future agenda. Sincerel Susan L. h erson ommitte ublic orks and Mass Transit pprove Date/W ' e to Council: Disapproved/Date/Refer to PWMTC: Maile Medeiros David, Council Chair Maile Medeiros David, Council Chair Hawaii County Council SEP 15 Hawaii County Council Hawaii County is an Equal Opportunity Provider and Employer