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Home My WebLink AboutRES 406 Draft 01 2022-2024 COUNTY OF HAWAI`I STATE OF HAWAI`I •'f�rF Of•M'�'.• RESOLUTION NO. 406 24 A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY PARCEL IDENTIFIED AS ALL OF THAT CERTAIN PARCEL OF LAND (BEING A PORTION OF LAND DESCRIBED IN AND COVERED BY ROYAL PATENT GRANT NUMBER 6586, LAND COMMISSION AWARD NUMBER 8689-B TO HELEANAOLE) SITUATE,LYING AND BEING AT KAPA'AU DISTRICT, OF NORTH KOHALA, ISLAND AND COUNTY OF HAWAII STATE OF HAWAII, AND DESIGNATED AS TMK NO. (3) 5-4-004-015 ("ACCESS ROAD") FROM KAPA'AU WATER WORKS COMMUNITY ASSOCIATION, A HAWAII NON-PROFIT CORPORATION. WHEREAS, KAPA'AU WATER WORKS COMMUNITY ASSOCIATION (hereinafter, "Owner"), is the owner of all of that certain parcel of land (being portion of the land described in and covered by Royal Patent Grant Number 6586, Land Commission Award Number 8689-B to Heleanaole) situated, lying and being at Kapa'au, District of North Kohala, Island and County of Hawai`i, State of Hawai`i, and designated as TMK(3) 5-4-004-015 ("Access Road"), and more particularly described in Exhibit"A", attached hereto and by reference made parts hereof; and delineated on the survey map attached hereto as Exhibit B and made a part hereof. WHEREAS, Owner is desirous of dedicating the Roadway and all improvements thereon to the County of Hawai`i, a municipal corporation of the State of Hawai`i (hereinafter,the "County of Hawai`i"), and the Roadway and improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Department of Water Supply,the Planning Department, and the Department of Environmental Management; and WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the County of Hawai`i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that it finds the subject roadways and improvements thereon are in full compliance with provisions of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies, and that it is in the public interest to accept such a dedication. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I , in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and Chapter 23 of the Hawai`i County Code, that the County of Hawai`i accepts the dedication of the Roadway for public road purposes. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) The Honorable Mitchell D. Roth, Mayor of Hawai`i County; (2) the Department of Public Works; (3) Deputy Corporation Counsel Sinclair Salas-Ferguson; (4) Kapa'au Water Works Community Association, whose mailing address is P.O. Box 1220, Kapa'au, HI 96755. Dated at Hilo , Hawai`i, this 7th day of February , 20 24 . INTRODUCED BY: C UNCIL MEMBER, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i EVANS X GALIMBA X I hereby certify that the foregoing RESOLUTION was by INABA X the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X County of Hawaii on February 7, 2024 KANEALI`I-KLEINFELDER X KIERKIEWICZ X ATTEST: KIMBALL X LEE LOY X VILLEGAS X 8 0 1 0 - Reference: C-680/LAAC-46 CO ' CLERK ERSON&P SIDING OFFICER RESOLUTION NO. 40 6 24 2 ROAD "A" (Portion of Kapaau Road) Being a portion of Royal Patent 6586, Land Commission Award 8689-B to Heleanaole at Kapaau,North Kohala, Island of Hawaii, Hawaii Beginning at the northwest corner of this parcel of land, being also the east corner of Lot 4, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kauhola" being 6,939.95 feet South and 9,758.14 feet West, and running by azimuths measured clockwise from True South: 1. 286° 03' 41.00 feet along remainder of Royal Patent 6586,Land Commission Award 8689-B to Heleanaole, and across Kapaau Road; 2. 03° 21' 799.00 feet along portion of Grant 1547 to J. W.Naihe, and Lots 4, 1-A and 2, being portions of Grant 1547 to J. W.Naihe, Grant 1546 to Kuapalena, and Royal Patent 6586, Land Commission Award 8689-B to Heleanaole; 3. 77° 30' 42.40 feet along remainder of Royal Patent 6586, Land Commission .Award 8689-B to Heleanaole; 4. 46° 00' 115.00 feet along same; 5. 50° 30' 141.80 feet along same; 6. 107° 30' 47.69 feet across Kapaau Road; 7. 230° 30' 166.20 feet along Lot 1-B and Lot 1-A, being a portion of Royal Patent 6586, Land Commission Award 8689-B to Heleanaole; 8. 226° 00' 68.23 feet along Lot 1-A,being a portion of Royal Patent 6586, Land Commission Award 8689-B to Heleanaole; 9. Thence along Lot 1-A and Lot 2,both being portions of Royal Patent 6586, Land Commission Award 8689-B to Heleanaole, on a curve to the left with a radius of 230.00 feet,the chord azimuth and distance being: 204° 40' 30" 167.28 feet; EXHIBIT "A" Page 1 of 2 10. 183° 21' 669.91 feet along Lots 2, 3 and 4,being a portion of Royal Patent 6586, Land Commission Award 8689-B to Heleanaole to the point of beginning and containing an area of 1.032 acres. ��, SO Engineering Division A. LICENSED 2 Department of Public Works PROFESSIONAL County of Hawaii * LAND SURVEYOR * / No.11858 P 4/30/24 �%A I U i r Expition Date of the License Aupuni Center 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720-4224 October 6, 2023 Tax Map Key: (3rd Div.) 5-4-004: 015 EXHIBIT "A" Page 2 of 2 o I m I N r.rn.ra/a e..0 7RIjE NOR .,.a._ wJp.a,r.a,.r to°FFt'T —_,..4../ jr„. Scale l rwcfl - • ;� ♦q -y O *e C .� \ Chalon Iaternatlonel of HewaJJ,Inc. A K �a iiri }, Wooer) d- ;A j ? ' `-�. 1, .? 41 °�4'y Great l to Hemet) .�j/,"ti. s p 0', Ai 24 4.511t l via. 96' {0, i jj j� • 1 1` 11111 OS-'Nram*strews turaan�a..r• aka a,:rO.f"..n // irr' f 'I .e 1 do EaseyreY D-!• rob ,ts M,ra•pre.v,n �� /�iy puff �/ ;• . a rsy is,Droao.rut ` wr..rO.enwr °�'- 2je.ei rn.:e J! ��' lit ryv te000 "roan p //sadear'P-a• i —"—_.... E(t�,�� ti ti / !,s Fat 11930..P.rrefle / r1 LOT 1 a • ro TPgao.rr EAsewgwT•P-aJ a I �' Y�— re,Drente ra!•°etas r r U °j 5.00(ACS. --9,.°b. Made iti.m i / q✓' r.Na seen 1i �; •0: A a I'IC/N/TY MAP e � 4 1 ua�.e e Ate, q LOT 4`j�� & SCALE:J INCH a 600 FEET t. 1za, P ,rare .de 72000 ACS• �• s58CA ./e tS Aat rese psas t� _ 4 ? k 'as oats* • ..par„1n.•r, N We i��\ / �,: LOT 2 �-a it�� ti I repel rr;rr \\\` r,., e' E.655 ACS. LOT 3 81_, / ......... • Ki/edneoh mJ7 �\\\ / br k ��1N1 ! P.000ACS. .'eta :• doe T. .teal s ' "s'r i t J; • I TElea_nor S, E, i am rrfr do r \�W,ay q I a.ar ,F ' taee ? '-a.r �2, ,r„j.�•W , iA - \� SSSO aRer 'er•-era.- _�' ,far' m�tr ¢AD-=_-tee.- r037.�c = -kA wwr-Eineo ii r tp - RAN.—swag MI / o J'y �>+ r ,nnwnu• 9p suaorvwlofttul3Es 4b(a$ �,II ,�t.�r frl' �g.Tr p.e• Hafts '4/ awtuvisa ilIBERswnwt.mweewa ,f Richard P Smm! Moroni Shillasty -'a. rMwraKd.rpk ells,, ' ,p (Dear 121 ++ (OwarrJ d•W' Afary Y.Y•Komol f fa fopnrrJ � � � � �[nrl��rtsv�rr ...�.�. of IS�T Lcwr...„,,,f Ives MAP SHOWING °"` Kd0Po1inP fg I SUBDIVISION OF A PORTION OF • 006 R.P. 5586. L.C. AW. 8689-B TO HELEANAOLE {�tn�r:ay °`°°t INTO LOTS .1 TO 4. INCLUSIVE AND ROAD "A" • T"` NOTES: n.•tr: J. arlaatn,end coordlneted are referred to goverment Surrey Triangulation StatIOn 9upe)le', At Kapaau, North KohaIa, Island and County of Hawaii ��+i��ug" 2. Name of comers of adjoining Wen,.are State of Hawal.1 fits nap ear Prep /at of under ay direct auperrlalon. free erellable fax NIP raters,. C 3. Thll nap was papered from compfledremrd lnforlrallon S,A1.TNtxts end from cot oelasl server On the'pause.TM(r°rures, floaiatered ProfessionsWid Surveyor 'two hereon,represent maned mndifloes*slallaa an Stab of Kant!Cart.I.E.LSN371 July 22, 1991. Prepared 9y: Prepared For: WES 1110Ha9 9 ASSOCIATES. INC. Victor Hassler 9 Elaine Ler forge fowlers) -Land Surveyors— P330✓eemina Street 75-5782 Kelawn Street P5522I tilt falls Honolulu. lintel! 96016 K0J7ua-Kona. Howell 907-0 Dare,aael fIITlfieerfSerarl! !do so o lco ao0 300 Tel. WOW 329-2353 Tay fill,m:ra•ar°1 tna myramen 1-1-4-1--1-4-1 I FFllOODBOOK M1.:sla fn.1s-21 SCALE IN FEET eavtsfo:br.Lnm(fepaeet'IN.) f ` I i f i C I i�l- l pester**. I. • f 0II49DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI'I ,r�w� �C345 KEKU O'A ANA STREET, SUITE 20 • HILO, HAWAI'I 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 July 25,2022 TO: Ms.Elizabeth A. Strance, Corporation Counsel Attention: Mr. Sinclair Salas-Ferguson, Deputy Corporation Counsel FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Dedication Deed Grantor: Kapa'au Water Works Community Association Tax Map Key (3)5-4-004:015 Kapa'au,North Kohala, Island of Hawai`i,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(808) 961-8070,extension 287. Sincerely yours, (Mk/WV+ Keith K. Okamoto, P.E. Manager-Chief Engineer RBA:dfg . . . Water, Our Most Precious Resource . . . 7(a WaiA 7(gne. . . The Department of Water Supply is an Equal Opportunity provider and employer. OF . Mitchell D.Roth Ramzi I.Mansour yW;d; ; . ' �;.�, • Director Mayor •;,(1�.: //;.t b� •• Brenda Iokepa-Moses Lee Lord •'�iF• `:.........• Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov Ph: (808)961-8083•Fax: (808)961-8086 MEMORANDUM TO: Sinclair Salas-Ferguson, Deputy Corporation Counsel Office of the Corporation Counsel FROM: Ramzi I. Mansour, Director Department of Environmental Management DATE: July 20, 2022 SUBJECT: Dedication Deed Kapa`au Water Works Community Association TMK: (3) 5-4-004:015 Pursuant to your transmittal dated July 18, 2022, the Solid Waste Division and the Wastewater Division of the Department of Environmental Management have reviewed the above-referenced dedication deed and have no objections to its acceptance. RM:pls County of Hawaii is an Equal Opportunity Provider and Employer / (f (� ( t/ f Mitchell D. Roth o0411%9F '+;'• Zendo Kern Mayor \J�do� Director Lee E. Lord rs Jeffrey W. Darrow Managing Director c _ w"� Deputy Director West Hawai`i Office East Hawai`i Office 74-5044 Ane Keohokalole Hwy y� • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County ®f Hawai 1 Hilo,Hawai`i 96720 Faxne(8(8 3)73-6370 PLANNING DEPARTMENT Phone Fax(808)961-8288 96l 8742 Fax(808))327-3563 MEMORANDUM DATE: September 8, 2022 TO: SINCLAIR SALAS-FERGUSON Deputy Corporation Council ATTN: KAWEHILANI S. LACTAOEN Legal Technician I FROM: JEFFREY W. DARROW JWD Planning Department, Deputy Director SUBJECT: Dedication Deed Ref: PL-INT-2022-002919 TMK: (3) 5-4-004:015 This is in response to your email request (PL-INT-2022-002919) dated September 7, 2022. We have reviewed the subject revised dedication deed and have no further 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. Should you have any questions, please feel free to contact Hans Santiago of this department at (808) 961-8165. HS:ta \\COH01\planning\public\Admin Permits Division\Subdivision\2022\2022-3\54004015-Memo to Corp Counsel on dedication deed 3rd response.docx Signature: - e e W ItOW Jeffrey W.Da row(Sep 9,2022 12:07 HST) Email: jeff.darrow@hawaiicounty.gov %vww.planning.hawaiicountv.gov Hawai'i County is an Equal Opportunity Provider and Employer plannina@hawaiicountv.gov DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAII DATE: October 6, 2023 NeisitOldadatit TO: Sinclair Salas-Ferguson, Deputy Corporation Counsel (IAA FROM: for Stephen M. Pause, P.E., Director SUBJECT: ROADWAY DEDICATION DEED Grantor: Kapa'au Water Works Community Association Subdivision Number: SUB-92-000012 Subdivision TMK: 5-4-003:001 Roadway TMK: 5-4-004:015 DPW Folder No.: 5444 We have reviewed the subject deed and comment that Exhibit A (metes and bounds) be replaced with the enclosed Road "A" metes and bounds dated October 6, 2023. • Upon replacement of Exhibit A, we recommend that the deed be accepted by the Council inasmuch as the subject road improvements have been inspected and found to comply with the approved subdivision plans, 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: Bruce Graham (Via E-Mail to brucegraham7@gmail.com, w/o enclosure) Planning Department (Via E-Mail to planninq@hawaiicounty.gov, Approvals ONLY) (w/o enclosure) • County of Hawaii is an Equal Opportunity Provider and Employer LAND COURT REGULAR SYSTEM Return By Mail Pick-Up To: OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street,Suite 325 Hilo,HI 96720 TOTAL NUMBER OF PAGES: TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: KAPA'AU WATER WORKS COMMUNITY ASSOCIATION,a Hawaii non-profit corporation,whose mailing address is P. O.Box 1220,Kapaau, HI 96755 GRANTEE: COUNTY OF HAWAII,a municipal corporation of the State of Hawaii, whose principal place of business is 25 Aupuni Street,Suite 325,Hilo,HI 96720 TAX MAP KEY(3) 5-4-004-015 TL 2022-01211(ver2)/9-7-22 DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: That KAPA'AU WATER WORKS COMMUNITY ASSOCIATION, a Hawaii non-profit corporation, whose mailing address is P. O. Box 1220, Kapaau, HI 96755, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor paid by COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business is 25 Aupuni Street, Suite 325, Hilo, HI 96720, hereinafter called the "Grantee", the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee, its successor and assigns, for roadway purposes, in fee simple, forever,the following real property: All of that certain parcel of land(being portion of the land described in and covered by Royal Patent Grant Number 6586,Land Commission Award Number 8689-B to Heleanaole) situate, lying and being at Kapaau, District of North Kohala, Island and County of Hawaii, State of Hawaii, and designated on the tax maps of the Third Taxation Division of the State of Hawaii as TMK 5-4-004-015 ("Access Road"), and more particularly described in Exhibit A, attached hereto and made a part hereof and delineated on the survey map attached hereto as Exhibit B and made a part hereof 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 in connection therewith, unto the Grantee, as tenant in severalty, its successors and assigns, in fee simple forever. AND THE SAID GRANTOR does hereby covenant with the Grantee, its successors and assigns, that the Grantor is lawfully seised in fee simple of said granted premises and that the said premises are free and clear of all encumbrances, except as aforesaid, and except for assessments for real property taxes. And the said Grantor further covenants and agrees that the Grantor has good right to sell and convey the said premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND the same unto the Grantee, its successors and assigns, against the lawful claims and demands of all persons, except as aforesaid. The parties to this instrument understand that the person or company recording or arranging for the recordation of this instrument is authorized to complete any blanks contained in 2 - , J ,) this instrument with the applicable number of pages, dates and recordation information, whether before or after this instrument has been notarized by a notary public, and in no event shall completion of any such blanks be deemed to be an alteration of this instrument by means of the insertion of the new content. 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. 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 their and each of their respective successors in interest, 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. (The remainder of this page intentionally left blank- signatures follow on next page) 3 IN WITNESS WHEREOF, the Grantor has executed these presents on this day of , 2022. KAPA'AU WATER WORKS COMMUNITY ASSOCIATION, a Hawaii non-profit corporation By: VIRGINIA TENNANT Its: President By: BRUCE GRAHAM Its: Treasurer APPROVED AS TO FORM AND LEGALITY Deputy Corporation Counsel County of Hawaii Dedication Deed Roadway Lot TMK: (3)5-4-004-015 4 STATE OF HAWAI`I ) ) ss. COUNTY OF HAWAI`I ) On this day of , 2022, before me personally appeared VIRGINIA TENNANT, to me known (or proved to me on the basis of satisfactory evidence) that she is the President of KAPA'AU WATER WORKS COMMUNITY ASSOCIATION,a Hawaii non-profit corporation, and that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. (Notary Stamp or Seal) Name: Notary Public State of Hawai'i My commission expires: NOTARY CERTIFICATION STATEMENT Date of Notarization: Jurisdiction (in which notarial act is performed): Third Circuit Signature of Notary Printed Name of Notary: My commission expires: (Notary Stamp or Seal) STATE OF HAWAI`I ) ) ss. COUNTY OF HAWAI`I ) On this day of , 2022, before me personally appeared BRUCE GRAHAM, to me known (or proved to me on the basis of satisfactory evidence) that he is the Treasurer of KAPA'AU WATER WORKS COMMUNITY ASSOCIATION, a Hawaii non-profit corporation, and that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. (Notary Stamp or Seal) Name: Notary Public State of Hawai'i My commission expires: NOTARY CERTIFICATION STATEMENT Date of Notarization: Jurisdiction (in which notarial act is performed): Third Circuit Signature of Notary Printed Name of Notary: My commission expires: (Notary Stamp or Seal) EXHIBIT "A" Access Road Tax Map Key 3-5-4-004-015 Beginning at a pipe found at the North West corner of this portion of Kapaau road and the North East corner of corner of Lot 3 being Tax Map Key 3-5-4-004-014 and on the south Boundary of Parcel 6. Azimuths be referred to government control station "KAUHOLA " and measured clock wise from true North being South 6939.95 and West 9758.15 and measured clock wise from true south. 1. 286° 03' 41.00 feet across Kapaau Road and across a pipe found at 18.62 feet to a pipe found at a North East corner of Kapaau Road being also a point on the West boundary of parcel 4 thence; 2. 3° 21' 799.00 feet to a pipe found along the East boundary of Kapaau Road and on the West Boundary of Lot 2 thence; 3. 77° 30' 42.40 feet to a pipe found and a point on the East boundary of Kapaau Road being also a point along the Northerly boundary of Parcel 1 thence; 4. 46° 00' 115.00 feet to a pipe found along the East boundary of Kapaau Road and on the West Boundary of Parcel 1 thence; 5. 50° 30' 141.80 feet to a point at the South East corner of Kapaau Road and a point on the West boundary of Parcel 1 thence; 6. 107° 30' 47.69 feet across the South end of this access road to a pipe found at the South West corner of this Kapaau Road and a point at the South East corner of Lot 1-B thence; 7. 230° 30' 166.20 feet to a pipe found along the West boundary of Kapaau Road and a point along the East Boundary of lot 1-A thence; 8. 226° 00' 68.23 feet to a pipe found along the West boundary of Kapaau Road and a point along the East Boundary of lot 1-A thence; EXHIBIT "A" Page 1 of 2 9. Thence along a curve to the left with a radius of 230.00 feet, the direct cord azimuth and distance being 204°40' 30" a distance of 167.28 feet to a pipe found along the West boundary of Kapaau Road and a point along the East Boundary of Lot 2 thence; 10. 183° 21' 669.91 feet to a pipe found along the West boundary of Kapaau Road and along lots 2, 3 and 4 to a point along the East Boundary of lot 4 to the point and place of beginning and containing an area of 1.032 acres, more or less. EXHIBIT "A" Page 2 of 2