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Home My WebLink AboutCOM 0525.000 2020-2022 3 Mitchell D. Roth ud`�°F°"++k, Elizabeth A. Strance Mayor � > n 11J> Corporation Counsel J S. Yoshimoto Assistant Corporation TF QF M►,�1w Counsel COUNTYOF HAWAII OFFICEOF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 Hilo,Hawaii 96720 • (808)961-8251 Fax(808)961-8622 1 November 17, 2021 3 Maile David, Chairwoman, and Council Members Hawaii County Council 25 Aupuni Street 3 Hilo, Hawaii 96720 Dear Chairwoman David and Council Members: Re: CASTLE & COOKE WAIKOLOA, LLC - Dedication Deed TMK: (3) 6-8-037-058 (LOT 58) 3 3 Transmitted herewith for Council approval is a resolution accepting the Dedication Deed i from CASTLE & COOKE WAIKOLOA, LLC to the County of Hawaii. I 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, ,I i �,U 3 DALILAH E. SCHLUETER Deputy Corporation Counsel DES:evh Enclosures comm. Hawai°i County is an Equal Opportunity Employer and ProvideeZe ° Toa %tATG rtef. = - 2 ®F WATBIfi SGAAf ,o deg DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI Gly • X43 345 KEKOANAO'A STREET, SUITE 20 HILO, HAWAII 96720 oFHawP TELEPHONE (808) 961-8050 - FAX (808) 961-8657 i 3 3 3 March 8, 2019 3 3 I I I TO: Mr. Joseph K. Kamelamela, Corporation Counsel Attention: Mr. Ronald Kim, Deputy Corporation Counsel FROM: Keith K. Okamoto, Manager-Chief Engineer i SUBJECT: Dedication Deed : Grantor: Castle & Cooke Waikoloa,LLC j ( ikaha at Wehilani—Phase 1) i Tax Map Key (3) 6-8-037:058 Waikoloa, South Kohala, Island of Hawaii, Hawai'i We have reviewed the subject Dedication Deed document and have no objection to it being accepted by the Hawaii County Council. I 3 l Should there be any questions, please call Mr. Ronaldo B. Aurelio at 961-8070, extension 287. i i 3 i Sincerely yours, 3 I Keith K. Okamoto, P.E. Manager-Chief Engineer 3 RBA:dfg i i i 3 Vi I 3 I 3 I 3i5 . . . Nater, Our 9Vost 1tecious<1'esource. . . Xa Wai.,4 Xdne. . . The Department of Water Supply is an Equal Opportunity provider and employer. 1 I Ha Kim vM�Y of„� Harry 4q,• .? ,, Michael Yee Mayor Director Wil Okabe *®_ Duane Kanuha Managing Director Deputy Director 'ATF'®F,NAiA 7 West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County ®1 HCawaiG 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 i I i I 'i MEMORANDUM i DATE: April 5, 2019 i i TO: RONALD KIM Deputy Corporation Council ATTN: EMILY HIRAYAMA Legal Clerk III FROM: MICHAEL YEE Planning Department, Director 1 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-S.doc www_hiplanninadent.corn Hawaii Coienty is an Equal Opportunity Provider and Employer planninafuhawaiicounty Dov Harry Kim William A.Kucharski Mayor Director Wilfred M.Okabe ;' M ��OR N►'� ane A.Nada Managing Director Deputy Director ((�� UUN of P'Jaafualil 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 Director DATE: March 27, 2019 RE: Dedication Deed—Kikaha at Wehilani—Phase 1 Tax Map Key: (3) 6-8-037:058 Castle& Cooke Homes Hawaii, 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 F PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII I DATE: July 21, 2021 i 3 'I TO: Dalilah Schlueter, Deputy Corporation Counsel 3 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-ecdhawaii@hawaii.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 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: 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- a t 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- i I a a I 7 i lawful claims and demands of all persons claiming by, through or under the Grantor, i except as mentioned hereinabove or hereinafter. The rights and obligations of the Grantor and the Grantee shall be binding upon i and inure to the benefit of their respective heirs, devisees, personal representatives, successors, and assigns. i 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- i 3 IN WITNESS WHEREOF, the Grantor has executed these presents this I day of J)eze m bevy" 2018. it i CASTLE & COOKE WAIKOLOA, LLC a Hawaii limited liability company I I By LAURALEI TANAKA j Its Vice President, Controller &Asst. Treasurer By T �T. FUKUHARA Its Vice President & Asst. Secretary APPROVED AS TO FORM AND LEGALITY: Assistant Corporation Counsel County of Hawaii -4- i . 3 STATE OF HAWAII } ) SS. 3 CITY AND COUNTY OF HONOLULU ) On this 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 /�� - 2018, in the First Circuit of the State of Hawaii, as the free act and deed of such persons, and if applicable in the I capacities shown, having been duly authorized to execute such instrument in such 1 capacities. .i,ti,inn.ur,n! �'xN PAT lrlr,, ....,a� KYPATOC NoVrVPublic, State of Hawaii �t My commission expires: June 14, 2020 I lrE4to i` 3 I 3 ii J t i t s I I I EXHIBIT "A" All of that certain parcel of land situate at Waikoloa, South Kohala, Island and County of Hawaii, State of Hawaii, being LOT 58 of the "KIKAHA AT WEHILANI PHASE I", as shown on File Plan Number 2421, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 5.716 acres, more or less. Being a portion of the premises conveyed to the Grantor herein by Deed dated June 22, 2001, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2001-095348. SUBJECT, HOWEVER, to the following: 1. Mineral and water rights of any nature. 2. GRANT TO WAIKOLOA VILLAGE ASSOCIATION, a Hawaii nonprofit corporation DATED December 11, 1987 RECORDED Liber 21447 Page 724 3. DESIGNATION OF EASEMENT "W-1" PURPOSE waterline pipeline SHOWN on File Plan No. 1976 4. GRANT I TO WAIKOLOA WATER CO., INC., a Hawaii corporation, doing business as WEST HAWAII WATER COMPANY DATED August 21, 2000, but effective as of February 25, 1990. RECORDED Document No. 2000-124712 i 3 -6- 5. The terms and provisions contained in the following: INSTRUMENT: DECLARATION OF PUD COVENANTS FOR WEHILANI DATED : June 19, 2006 RECORDED Document No. 2006-112216 LANDSCAPING MAINTENANCE COVENANT dated February 14, 2017, recorded as Document No. A-62630960. 6. GRANT TO WAIKOLOA WATER COMPANY, INC., a Hawaii corporation, doing business as WEST HAWAII WATER COMPANY DATED October 16, 2006, but effective as of August 16, 2006 RECORDED Document No. 2006-190601 7. GRANT TO : WAIKOLOA SANITARY SEWER COMPANY, INC., a Hawaii corporation corporation, doing business as WEST HAWAII SEWER COMPANY DATED October 16, 2006, but effective as of August 16, 2006 RECORDED Document No. 2006-190602 END OF EXHIBIT "A" -7-