HomeMy WebLinkAboutCOM 0165.000 1996-1998
Stephen K. Yamashiro Richard Wurdeman
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OFFICE OF THE CORPORATION~EQF HAWAII
101 Aupnni Street, Suite 325 Hilo, Hawaii 967204262 (808) 961$251 Fzz (808) 969-7049
February 14, 1997
Honorable James Arakaki,
Chairman, and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Dedication Deed
TRI of Waikoloa, Inc.
Sunset Ridge at Waikoloa, Phase 2, Increment 2, Unit 1
TMK• (3)6-8-02:036(Por.)
We are transmitting for the Council's review and consideration
for acceptance a copy of the above dedication deed, along with a
resolution accepting the deed.
For your information, the deed has been reviewed by the
Department of Public Works, Department of Water Supply and the
Planning Department and all have recommended acceptance of the
dedication deed. All subdivision improvements have been completed.
Upon acceptance of the above dedication deed, please send
notification of such acceptance to: (1) Stephen J. Menezes,
100 Pauahi Street, Suite 204, Hilo, Hawaii 96720; (2) Harry
Takahashi, Director of Finance, County of Hawaii; and (3) Gerald
Takase, Deputy Corporation Counsel, County of Hawaii, who will
record the said deed with the Bureau of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Acting Corporation Counsel
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QE LD TAKASE
Deputy Corporation Counsel
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LAND COURT SYSTEM REGULAR SYSTEM
Retum by Mail ()Pick up To:
TITLE OF DOCUMENT:
DEDICATION DEED
PARTIES TO DOCUMENTS:
GRANTOR: TRI OF WAIKOLOA, INC., a Hawaii corporation
GRANTEE: COUNTY OF HAWAII, whose address is 25 Aupuni
Street, Hilo, Hawaii, 96720
PROPERTY DESCRIPTION: LIBER/PAGE/DOCUMENT NO.:
See Exhibit "A"
DOCUMENT NO.:
TRANSFER CERTIFICATE OF
Island of Hawaii TITLE NO(S).:
F_tt. to C-165 (Res. 46) PG;&FC
DEDICATION DEED
THIS DEED, made this day of 1996, by TRI OF
WAIKOLOA, INC. a Hawaii corporation, whose principal place of business and mailing address
is 220 S. King Street, Suite 680, Honolulu, Hawaii 96813, hereinafter called the "Grantor," and the
COiJNTY OF HAWAII, a municipal corporation, whose principal place of business and mailing
address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee,"
WITNESSETH:
That in consideration of the sum of ONE DOLLAR ($1.00) and other valuable
consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, dedicate and convey unto the Grantee, its successors and assigns, forever, the real
property described in Exhibit "A," attached hereto and made a part hereof.
TOGETHER with the reversions, remainders, rents, issues and profits thereof, and
all rights, easements, privileges and appurtenances thereunto belonging or appertaining, 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, unto the Grantee, for the purpose of roadway
use, forever.
AND, inconsideration of the premises, the Grantor does hereby covenant with the
Grantee that the Grantor is seised of the property herein described in fee simple; that said property
is free and cleaz of and from all liens and encumbrances, except as may herein specifically be set
forth; that the Grantor has good right to sell and convey said property, as aforesaid; and that the
Grantor will WARRANT and DEFEND the same unto the Grantee against the lawful claims and
demands of all persons, except as aforesaid.
2
The rights and obligations of the Grantor and the Grantee shall be binding upon and
inure to the benefit of their respective estates, heirs, personal representatives, successors, successors
in trust and assigns. All obligations undertaken by two or more persons shall be deemed to be joint
and several unless a contrary intention shall be cleazly expressed elsewhere herein.
The conveyance herein set forth and the warranties of the Grantor concerning the
same are expressly declared to be in favor of the Grantee, its successors and assigns.
The term "Grantor" and "Grantee," as and when used herein, or any pronouns used
in place thereof, shall mean and include the masculine or feminine, the singulaz or p]ural number,
individuals or corporations, and their and each of their respective successors, heirs, personal
representatives and assigns, according to the context thereof. If these presents shall be signed by two
or more grantors, all covenants of such parties shall for all purposes be joint and several.
IN WITNESS WHEREOF, the Grantor has executed these presents on the day and
year first above written.
TRI OF WAIKOLOA, INC.
By
Its Vice President
Grantor
APPROVED AS TO FORM
AND LEGALITY:
By
Corporation Counsel
County of Hawaii
Date:
3
STATE OF HAWAII )
ss.
CITY AND COUNTY OF HONOLULU )
On this ~L~"`'day of , 1996, before me appeazed Christopher
L. Lau, to me personally known, who, being by me d y sworn did say that he is the Vice President
of TRI OF WAIKOLOA, INC., a Hawaii corporation, that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, that said instrument was signed and sealed on
behalf of said corporation by authority of its Boazd of Directors and said officer acknowledged said
instrument to be the free act and deed of said corporation.
p. MAgs/r /~~i~//1~.Qt~i1.Gl
~PQ. q~C Notary Public, State of Hawaii
NOTARY * My commission expires: MAR 1 3 199$
* PUBLIC
qTE OF NP
4
EXHIBIT "A"
All of those certain parcels of land situate at Waikoloa, District of South Kohala,
Island and County of Hawaii, State of Hawaii, being a portion of Lot 2 of Waikoloa Lot 4
Subdivision -Phase II, as shown on File Plan No. 1976, being a portion of Royal Patent 5671, Land
Commission Awazd 8521-B, Apana 1 to G. D. Hueu, as described in Exhibits "1"and " 2" attached
hereto and incorporated herein by this reference..
Together with all rights and privileges conferred upon owners of lots within the
Waikoloa Village Subdivision by that certain Declaration of Protective Covenants, Conditions and
Restrictions dated May 27, 1971, recorded in the Bureau of Conveyances of the State of Hawaii in
Liber 7577 at Page 66, as now or hereafter amended and supplemented (the "Declazation"), the
aforementioned property being made subject thereto by supplemental Declazation dated Mazch 1,
1990, recorded as Document No. 90-029591; and
Being a portion of the land conveyed to TRI of Waikoloa, Inc., a Hawaii corporation,
by Deed dated March 1, 1990, recorded in the Bureau of Conveyances of the State of Hawaii as
Document No. 90-029593.
Subject, However, to:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Covenants conditions and restrictions set forth in Declazation of Protective
Covenants dated May 27, 1971, recorded in Liber 7577 at Page 66, as supplemented by instruments
recorded in Liber 7577 at Page 94, in Liber 8026 at Page 291, in Liber 8306 at Page 196, in Liber
9360 at Page 369, in Liber 9794 at Page 32, in Liber 9956 at Page 597, in Liber 10701 at Page 5, in
Liber 10706 at Page 490, in Liber 13453 at Page 142, in Liber 13453 at Page 147, in Liber 13588
at Page 658, in Liber 13904 at Page 310, in Liber 14266 at Page 453, in Liber 15016 at Page 403,
in Liber 18999 at Page 418, in Liber 19199 at Page 37, in Liber 20893 at Page 418, in Liber 21761
at Page 582, and in Liber 22070 at Page 414, in Liber 22127 at Page 733, and in Liber 22361 at Page
1, in Liber 22791 at Page 30, in Liber 23172 at Page 387, in Liber 23172 at Page 414, in Liber 23182
at Page 398, in Liber 23806 at page 238, and recorded as Document No. 90-029591.
3. Covenants, agreements and obligations set forth in Deed dated March 1, 1990,
recorded as Document No. 90-029593.
4. Reservations in favor of Waikoloa Development Co., a Hawaii limited partnership,
set forth in Deed dated March 1, 1990, recorded as Document No. 90-029593.
5. An easement for construction, installation, reinstallation, operation, maintenance,
1
1
repair and removal of a water system, in favor of Waikoloa Water Co., Inc., a Hawaii corporation,
dated , 1995, recorded in the Bureau of Conveyances of the State of Hawaii as
Document No. , in, under and across the parcels herein described.
END OF EXHIBIT "A"
2
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exxisiT ~~t„
LOT 32 (ROAD PARCEL)
OF SUNSET RIDGE AT WAIKOLOA. PHASE 2 INCREMENT.2 UNIT 1
Land situated on the Southerly side of Lot 87 (Road Parcel) of Sunset Ridge at Waikoloa,
Phase 2, Increment 1 (File Plan 2043) at Waikoloa, South Kohala, Island and County of Hawaii, State
of Hawaii.
Being a portion of:
Royal Patent 5671. Land Commission Award 8521-B, Apana 1 to G. D. Hueu.
Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner
of Lot 17 of this subdivision and being a point on the Southerly side of Lot 87 (Road Parcel) of Sunset
Ridge at Waikoloa, Phase 2. Increment t (File Plan 2043), the coordinates of said point of beginning
referred to Government Survey Triangulation Station "PUU HINAI" being 13,615.33 feet North and
6,998.02 feet West and running by azimuths measured clockwise from True South:
Thence, following along Lot 17 of this subdivision on a curve to the left with a radius of 25.00
feet, the chord azimuth and distance being:
1. 42° 00' 35.36 feet to a point;
2. 357° 00' 150.00 feet along Lots 17 and 18 of this subdivision to a
point;
Thence, following along Lot 18 of this subdivision on a curve to the left with a radius of 325.00
feet, the chord azimuth and distance being:
3. 354° 42' 37" 25.97 feet to a point;
Thence, following along Lots 18 and 19 of this subdivision on a curve to the left with a radius
of 40.00 feet, the chord azimuth and distance being: ~
4. 319° 54' 13" 43.00 feet to a point:
Pa et oft
WES THOMAS ASSOf1ATE5
Lind Surveyor.
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Thence, following along Lots 19, 20, 21 and 22 of this subdivision on a curve to the right with
a radius of 45.00 feet, the chord azimuth and distance
being:
5. 352° 36' 42" 81 .72 feet to a point;
Thence, following along Lots 23, 24 and 25 of this subdivision on a curve to the right with a
radius of 45.00 feet, the chord azimuth and distance
being:
6. 108° 22' 36" 69.49 feet to a point;
Thence, following along Lots 25, 26 and 27 of this subdivision on a curve to the right with a
radius of 375.00 feet, the chord azimuth and distance
being:
7. 167° 57' 30" 117.86 feet to a point;
8. 177° 00' 150.00 feet along Lots 27 and 28 of this subdivision to a
point;
Thence, following along Lot 28 of this subdivision on a curve to the left with a radius of 25.00
feet, the chord azimuth and distance being:
9. 132° 00' 35.36 feet to a point:
10. 267° 00' 100.00 feet along the Southerly side of Lot 87 (Road Parcel)
of Sunset Ridge at Waikoloa, Phase 2, Increment 1
(File Plan 2043) to the point of beginning and
~S,~P~ T. YqM~ containing an area of 19,191 Square Feet.
Q ucENSEO s9 WES THOMAS ASSOCIATES
U PROFESSIONAL
LAND
7~ SURVEYOR 7~
NO.4335
y SP' Chrystal Thomas Yamasaki
'4wAll,V' Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1 81 7
TMK: 6-8-02: Portion 36 (3rd Division)
January 22, 1996
Paqe 2 of 2 j
l
WES THOMAS ASSOCIATES
Lind Surveyon
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- -
EXHIBIT "2"
LOT 33 (ROAD PARCEL)
OF SUNSET RIDGE AT WAIKOLOA PHASE 2. INCREMENT 2. UNIT 1
Land situated on the Southwesterly side of Lot 86 (Road Parcel) of Sunset Ridge at Waikoloa,
Phase 2, Increment 1 (File Plan 2043) at Waikoloa, South Kohala, Island and County of Hawaii, State
of Hawaii.
Being a portion of:
Royal Patent 5671. Land Commission Award 8521-B, Apana 1 to G. D. Hueu.
Beginning at the Northeasterly corner of this parcel of land, being also the Northwesterly corner
of Lot 1 of this subdivision and being a point on the Southwesterly side of Lot 86 (Road Parcel) of
Sunset Ridge at Waikoloa, Phase 2, Increment 1 (File Plan 2043), the coordinates of said point of
beginning referred to Government Survey Triangulation Station"PUU HINAI"being 13,247.26 feet North
and 6,472.58 feet West and running by azimuths measured clockwise from True South:
Thence, for the next three (3) courses following along Lot 1 of this subdivision:
Thence, following on a curve to the left with a radius of 25.00 feet, the chord azimuth and
distance being:
1. 70° 00' 35.36 feet to a point;
Thence, following on a curve to the left with a radius of 275.00 feet, the chord azimuth and
distance being:
2. 18° 40' 12" 60.64 feet to a point;
Thence, following on a curve to the left with a radius of 40.00 feet, the chord azimuth and
distance being:
3. 349° OS' 23" 31.52 feet to a point:
Page 1 of 2 j
WES THOMAS ASSOCIATES
Ldn~l ~urvNyun
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Thence, following along Lots 1 3, 4 and 5 of this subdivision on a curve to the right with a
radius of 45.00 feet, the chord azimuth and distance
being:
4. 18° 53' 05" 71.83 feet to a point:
Thence, following along Lots 6. 7. 8 and 9 of this subdivision on a curve to the right with a
radius of 45.00 feet, the chord azimuth and distance
being:
5. 148° 42' 52" 87.65 feet to a point;
Thence, following along Lots 9 and 10 of this subdivision on a curve to the left with a radius of
40.00 feet, the chord azimuth and distance being:
6. 207° 47' 48" 24.46 feet to a point;
Thence, following along Lot 10 of this subdivision on a curve to the right with a radius of 325.00
feet, the chord azimuth and distance being:
7. 197° 29' 50" 84.87 feet to a point;
Thence, following along Lot 10 of this subdivision on a curve to the left with a radius of 25.00
feet, the chord azimuth and distance being:
8. 160° 00' 35.36 feet to a point;
9. 295° 00' 100.00 feet along the Southwesterly side of Lot 86 (Road
Parcel) of Sunset Ridge at Waikoloa, Phase 2,
Increment 1 (File Plan 2043) to the point of beginning
iy~P~ T V and containing an area of 12,237 Square Feet.
q
Q' uc~r4sEv
PgOFES$Ip~ x W//EfS~T~HOMAS ASSO/CIATE~S-
LAND GG~-`~z~i~/~~/~/
~ SURVEYOR ~
No. 4337
y'9yfpll uSP~ Chrystal Thomas Yamasaki
Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 6-8-02: Portion 36 (3rd Division)
January 22, 1996
Pa e2of2
WES THOMAS ASSOCIATES
I.rnrl SurvNyun
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