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Home My WebLink AboutCOM 0487.000 1998-2000 JN%(`I Of M9 ~,~J% 1 Stephen K. Yamashiro I Richard Wurdeman MGyOi _ ~ Corporation Counsel F p(~Hr U.DLItI~~t 0~ ~tlfll~Itt OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 725 • Milo, Hawaii 96720-9262 • (808) 961-8251 • Faz (808) 961~6~22 Ca n o ~ ~ C-) r ~ October 11, 1999 - r-t " - w T Honorable James Arakaki, - ~ Chairman and Members Hawaii County Council cn 25 Aupuni Street Hilo, Hawaii 96720 Dear Chairman Arakaki and Council Members: Re: Warranty Deed--Road Remnant Kuwahara Subdivision Tax Map Kev (311-5-001:065 We are transmitting for the Council's review and consideration for acceptance a copy of the above warranty deed, along with a resolution accepting the deed. For your information, the deed has been reviewed by the Department of Public Works, and the Planning Department and both have recommended acceptance of the warranty deed, as evidenced by the letter copies enclosed herewith. Upon acceptance of the above dedication deed, please send notification of such acceptance to: (1) Jerel L Yamamoto, 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 deed with the Bureau of Conveyances. Sincerely, RICHARD D. WURDEMAN Corporation Counsel By D TAKASE Deputy Corporation Counsel GT:de Encs. Comm. No. <~Q, 1sS q9) File No. DoC Get Ref• To: p wPL Ref. Date ~ 1 3 1999 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: NP_KAMOTO, YOSHIOKA & OKAMOTO 187 KAPIOLANI STREET HILO, HAWAII 96720 TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT: Grantors: ALAN A. KUWAHARA and LYNNE KUWAHARA, husband and wife, and JAMES S. K'JWAHP.RP_ and DORIS Y. KUWAHARA, husband and wife; Grantees: COUNTY OF HAWAII Af'_ects: TMK (3RD) 1-5-001: 065; ROAD REMNANT LOT This document contains pages. a L`p _ _3ndAdeetls\kuwa ha ra.100 WARRANTY DEED WHEREAS, pursuant to the terms of the tentative subdivision approval of Subdivision Application No. 97-149 which affects TMK (3RD) 1-5-001: 006; LOT 11C-1, and which provides that the Road Remnant parcel described in Exhibit A attached hereto and by reference made a part hereof, will be conveyed to the County e' ~a;:aii in lieu of roadway improvements; and WHEREAS, final subdivision approval was granted on April 1~, and WHEREAS, Grantors are willing to convey the Road Remnant lc. described in Exhibit A to fulfill the conditions of subdivisi:_: accroval. tiJi;, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That ALAN A. KUWAHARA and LYNNE KUWAHARA, husband and s,ife, JAMES S. KUWAHARA and DORIS Y. KUAWAHARA, husband and wif-, ___e_nafter called the "Grantors," for and in consideration o= of ONE AND N0~100 DOLLAR ($1.00), paid by the COUNTY OF HAWAI=, -r.'~nicipal corporation of the State of Hawaii, whose orinc_oa= -:_e of business and post office address is County Buildinc, 2~ ~~~ai Street, Hilo, County and State of Hawaii 96720, herinafter ~__ed the "Grantee," the receipt of which is hereby acknowledged, _ereby grant, bargain, sell, and convey unto the Grantee, it s~~_cessors and assigns, in fee simple, forever, the real propert_ described in Exhibit A attached hereto. ~~~~~~e,~~ r.~:wanara TO HAVE AND TO HOLD the same, together with a71 rights, improvements, easements, privileges, and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyec therewith, unto the Grantee, its successors and assigns in fee simple forever as a tenant in severalty. AND the Grantors, for themselves, their heirs, persona= representatives and assigns, do hereby covenant with the Grantee, its successors and assigns, that they are seised in fee simple the above-described premises; that the same is free and clear c' and from all encumbrances, except as aforesaid; that they have goc right to sell and convey the same as aforesaid; and that they wil=, and their heirs, personal representatives and assigns shat=, WARRANT AND DEFEND the same unto the Grantee, its successors a:~ assigns, forever, against the lawful claims and demands of a== persons whomsoever. IN WITNESS WHEREOF, the sappid Grantors has caused these presents to be executed on this ~D~ day of 1999. AL~LN UWAHARA LYNNE KUWAHAP.A i,.,..-/ _ o~~Ld JA E S. KUWAHARA DORIS Y. WAHARA -9 PHONED AS TO FORM: Corporation Counsel, "'o u_^_ty of Hawaii ~'~,landAdeeds~\k ~aa S-a ra V): STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of t~ 1999, before me personally appeared ALAN A. RA, to me known to be the person described in and who executed the same as his free act and deed. L~~~ ?~LX~ Notary1PUb~lic State of Hawaii / My commission expires: ~07~f ~7~ STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this I~~1 day of ~A~AS~"~ 1999, before me personally appeared LYNNE KUWA RA, to me known to be the person described in and who executed the samen~as her free nanct and deed. I ~-~lQ-pn_ ~1 ~-a L ~ S . - , Notary Public State of Hawaii / My commission expires: ~~ll7~OZ~ atb( and`,dee ds\~~~wa ha ra.l0~ STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of ~?il,Q/~K$~ 1999, before me personally appeared JAMES S. RA, to me known to be the person described in and who executed the same as his free act and deed. ~~o L S t.t.o Notary Public State of Hawaii / My commission expires: 0(o107~tOZ STATE OF HAWAII ) SS: COUNTY OF HAWA~I+I~, ) On this _~i' ~ day of nl~tD1L~-6'~ 1999, before me personally appeared DORIS Y. K AHARA, to me known to be the person described in and who executed the same as her free act and deed. ,f~-,r y~ `~s Notary Public State of Hawaii My commission expires: ~~O~OZ`02. l Aland'de ec3s\kuwahara. 101 S DESCRIPTION ROAD REMNANT LOT Subdivision of Lot 11-C of Kaohe Homesteads (Being a Portion of Grant 4769 to H. Piper) Situated at Kaohe Homesteads, Puna, Island of Hawaii, Hawaii Beginning at the easterly corner of this parcel of land, being also the initial point of Lot I ]-C-I, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUAAKOKOKE" being 10,082.50 feet South and 444.56 feet East and running by azimuths measured clockwise from True South: ~ 1 44° 30' ZI 1.01 feet along Lot 11-C-1; 2. 46° 50' 617.45 Feet along Lots 11-C-1 to l 1-C-5; 3 58° 30' 89.52 feet along Lots 1 1-C-5 and 1 I-C-6; 4. 72° 36' 298.14 feet along Lot 11-C-6; 143° 08' 3.62 feet along the northwest side of Homestead Road (Middle Road); Thence along the southwest side of Homestead Road (South Road) for the next five 5 courses the direct O azimuths and distances between points being; 6. 244° 51' 123.00 feet; 7. 232° 37' 259.00 feet; 8. 229° 35' 373.00 feet; 9 229° 20' 260.00 feet; 0 327° ] 7' 191.41 feet; ISLAND SURVEY, INC. P.o.soxazis SURVEYORS Hno Hnwan aF>on Road Remnant Lot I ].333° 30' 49.93 feet along Lot 11-A to the point of beginning and containing an area of ].688 acres. o~~aT r. sy/9 April 26, 1999 Q' LICENSED -9~ ISLAND SURVEY, INC. Hilo, Hawaii PROFESSIONAi 74' LAND SUPVE`f0a No. 5995 ~~~fi~~il V5~ Road Remnant Lot ROBERT T.SHIRAI TMK: (3) 1-5-001 :065 Licensed Professional (formerly 1-5-001:006 (portion) Land Surveyor 5985 i -2- ISLAND SURVEY, INC. v.o.eoxazis SURVEYORS rn~o, Hnwnn ee~za 8 T e f F` ~ i~ )e) \ SI ~ t , 1: i i ct L ~ ji x:a S ~a `-3 _rrrr GG~~~ GGG N [ut ~ WLG[ ~~~~it A O f!~ a Y `~R x e ~ 1 `d f _ r A 9 9 d iSJ' i I I m~ I V a u tl m 5 eA I ...e. I: ~ ~ J a - ~ t x„ i" ~ 5 ~ a or 2 0 _ ~ s I '~a x n ~~g' - ~ ~ ~ ~ ~ s ` '4~ M 2 ~ S ~ ~ ~ l0 9 ~ ~ $ I s ~ ~ I I ~ s= e§ ~ ~ 0:~ t ~ Ij o ~ $ I °F~ ~ d ] N d G, ~;'i - € gam' - YI pp{ ~ e.a•~ ~ A ~ S #~i ~~r~:+b I x., sa_: ~ I .a+o~ ~ :~f. ~ nevi l •~a.. _~.fr:4hr ~ ~ c l ~ _ t eee Ap1F9 _ - c..: _ ,.w _ _ ^l . w ~ ROID CANT _~~~-~-N 0 A ~ '~u4;, - _ TES^o,a~ m _ ~-ppA '-___N O M E S _ ' Y S . ~ ; i ;s~ .ezi~e Ali f e 1 BI EXHIBIT "B" ROUTING CC ACC 40JOYY OF p,~9' O'1 CHR-~ inia Goldstein titephen K. Yamashiro yLi;~, Dire~~~or nt~,>,» r - :DAIS GTA KAM Ru sell Kokubun KEN __,Z •r,uw ir,.~+,,,,, . SNI F OF N~ ~ ~ 1 '~QRn 9 ~nunf~r of ~ttfvttii PLANNING DEPARTMENT Jul 9 1999 2s Aupani street, Room 109 • Hilo, Hawaii 46720-4252 y > (808) 96]-8288 • Faz (ROS) 961-8742 MEMORANDUM TO: RICHARD D. WURDEMAN Corporation Counsel ATTN: GERALD TAKASE Depu/ty~Corporation Counsel FROM: VIR-'7~rINIA~GOLDS~EIN C • Planning Director SUBJECT: KUWAHARA SUBDIVISION TMK: 1-5-001:006 SUB 7106 This is to acknowledge receipt of your recent correspondence of July 1, 1999, regarding the subject subdivision. Following a reevaluation of the referenced subdivision and further consultation with the Department of Public Works, Engineering Division, and given the current administrative policy regazding substandard government rights-of--way, it was determined that Condition 2(a)(b) of our Tentative Approval letter of September 29, 1998, was not applicable, and therefore, deleted as a requirement for Final Subdivision Approval. It was agreed upon by the Planning Department, Department of Public Works, and the property owners' that the improved Road Remnant Lot, consisting of 1.688 acres, be dedicated to the County of Hawaii because of its location on the private property and its relation to the existing Paper Right-of--Way. In addition, dedicating the existing paved road right-of--way will relieve the existing landlocked properties to the north of the Paper Right-of--Way. Should you have any questions, please feel free to contact Ed Cheplic of this department. ETC:hun 7106kuwa.cor