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Home My WebLink AboutCOM 0746.000 1998-2000 VNtV Oi Ar Stephen K. Yamashiro " ~ Harry A. Takahashi ~Y% i• Direobr ~r.,: ~ S. K. Schutte ~h oi'wi~~ Deputy it i-, .i'i l.il ~Courttp of ~abnafi DEPARTMENT OF FINANCE 25 Aupuni Stree[, Room 118 Hilo, Hawaii 96720-9252 (808)961-8234 Fax (808)961-8248 April 10, 2000 Honorable James Arakaki, Chairperson and Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Resolution Enclosed is a resolution authorizing the acceptance of real property from BP Partners and Pan-Pacific Development, Inc. for the Waimea Trails & Greenways Project in Waimea, District of South Kohala. If there are any questions, please do not hesitate to call the Department of ParlksCand Recre~at~ion. c-{'(mil G.~Ir--~"'.. Harry A. Ta hashi Director of Finance APP OV phen K. ashiro Mayor Enc. ReS. ~S~S- pO G>mm. No. T7l~J File Nn. ,z~;. T~: FG '.e:'. ~zt.e APR 19 2000 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: TITLE OF DOCUMENT: QUITCLAIM DEED PARTIES TO DOCUMENT: Grantors: BP PARTNERS, a Hawaii general partnership and PAN-PACIFIC DEVELOPMENT, INC., a Hawaii corporation; Grantee: 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, Hawaii 96720. Affects: TMK [3] -6-5-003-004 This document contains 11 pages. rp\waimgdbp I QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That BP Partners, a Hawaii general partnership, whose address is 1099 Alakea Street, Suite 1170, Honolulu, Hawaii 96813, and PAN-PACIFIC DEVELOPMENT, INC., a Hawaii corporation, whose address is 2621 Waiwai Loop, Honolulu, Hawaii 96819, hereinafter called the Grantors, for and in consideration of the sum of ONE DOLLAR ($1.00), to them paid by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and forever quitclaim unto the said Grantee, its successors and assigns, forever, all of their right, title and interest in and to the real property described in Exhibit A attached hereto and by reference made a part hereof. TO HAVE AND TO HOLD the same, together with all rights, improve- menu, privileges, and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and -2- assigns, in fee simple, forever, for use as a part of the Waimea Trails and Greenways corridor. IN WITNESS WHEREOF, the said Grantors have executed these presents on this ztst day of March , 2000. BP PARTNERS By AINAMALU PROPERTIES, Its General P er By Its ~zs•1~ By NAPIKIEHA, INC. Its General Partner By Its P,.zl. PAN-PACIFIC DEVELOPMENT, INC. By Its Stcre.la..~ a,.d fir.-+~~~.,a- (Grantors) APPROVED AS TO FORM: Deputy Corporation Counsel County of Hawaii Date: -3- The County of Hawaii, a municipal corporation of the State of Hawaii, hereby accepts the foregoing conveyance, including, without limitation, the obligations of "Seller" under that certain Agreement, dated September 11, 1998, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 98-141755. COUNTY OF HAWAII Dated: , 2000 By Its By Its APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Dated: , 2000 4 EXHIBIT A A11 of that certain parcel of land (being portion of the land(s) described in and covered by Land Patent Grant Number 13,641 to Richard Smart) situate, lying and being between Hawaii Belt Road and Kawaihae Road, at Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, being a portion of the Crown Land of Waimea, same being a portion of Waikoloa Stream, and thus bounded and described: Beginning at a point at the southwest corner of this piece of land, being also the north comer of Grant 8571 to Mrs. Jennie C. Lovstad and the west corner of Grant 8005 to Thomas K. Nahiwa, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 2,342.24 feet south and 2,934.58 feet west, and running true azimuths measured clockwise from South: 1. 94° 04' 104.87 feet alonc Government land, along G. L. 3038 to Richard Smart, crossing Waikoloa Stream, to a point; 2. 205° 37' 195.40 feet along Grant 8553 to the Prostestant Episcopal Church in the Hawaii Islands; 3. 206° 28' 130.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 4. 247° 14' 70.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 5. 2690 26' 90.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 6. 323° 07' 75.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 7. 350° 14' 129.85 feet along Grant 10,324 to Roman Catholic Church in the State of Hawaii; ~p\waimgdbp 8. 312° 16' 160.00 feet along 10324 to the Roman Catholic Church in the State of Hawaii; 9. 338° 54' 50.34 feet along remainder of Grant 13641 to Richard Smart crossing said waikoloa Stream; 10. 90° 00' 80.00 feet along Grant 8005 to Thomas K. Nahiwa; 11. 125° 00' 100.00 feet along Grant 8005 to Thomas K. Nahiwa; 12. 168° 00' 220.00 feet along Grant 8005 to Thomas K. Nahiwa; 13. 110° 00' 50.00 feet along Grant 8005 to Thomas K. Nahiwa; 14. 67° 00' 70.00 feet alora Grant 8005 to Thomas K. Nahiwa; 15. 17° 14' 259.40 feet alor_g Grant 8005 to Thomas K. Nahiwa to the point of beginning and containing an area of 1.238 acres, more or less. Said above described parcel of land having been acquired as follows: 1. By BP PARTNERS, a Hawaii general partnership, as to an undivided 30: interest, by DEED of ENVIRONS PACIFIC, INC., a Hawaii corporation, dated April 16, 1991, recorded as Document No. 91- 050506; and 2. By PAN-PACIFIC DEVELOPMENT, INC., a Hawaii corporation, as to an undivided 70t interest, by LIMITED WARRANTY DEED of ENVIRONS PACIFIC, INC., a Hawaii cozporation, dated March 12, 1992, recorded as Document No. 92-038381. rp\waimgdbp SUBJECT, HOWEVER, to the following: 1. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the following: INSTRUMENT LAND PATENT GRANT NUMBER 13,161 DATED July 15, 1959 The foregoing includes, but is not limited to, matters relating to matters relating to water rights and the Following: "Reserving to the Territory of Hawaii, its successors and assigns in perpetuity, the right of free flowage of water through those portions of the Ditch and Waikoloa Stream which cross the hereinabove described parcel of land as whon on C.S.F. No. 12,932, entitled 'Exchange 4, Territoty of Hawaii to Richard Smart', prepared by the Survey Department, Territory of Hawaii" attached thereto. 2, Parker Ranch Pipe Line as shown on the tax map. 3. The land has no recorded access to a public roadway. q_ The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the Following: INSTRUMENT AGREEMENT DATED September 11, 1998 RECORDED Document No. 98-141755 PARTIES PAN PACIFIC DEVELOPMENT, INC., and GEORGE A. MAGGON, II 5, Any unrecorded leases and matters arising `_rom or affecting the Same. rp\waimgdbp STATE OF HAWAII ) ss. CITY AND COUNTY OF HONOLULU ) On this day of MAR 1 p Zppp, before me appeared I /h LE& ~oecL , to me personally known, who, being by me duly sworn, did say that he is the rues ,ile,"; of AINAMALU PROPERTIES, INC., a Hawaii corporation, one of the General Partners of BP PARTNERS, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and that said officers acknowledged the instrument to be the free act and deed of said corporation, as such General Partner. '0~~ .O ~ Name: = ' j' ; Notary Public, State of Hawaii - _ KEITH FUJINO ~•,p~$L~L My Commission expires: Expiration Date: July 18, 2003 q l~ Np, \~o o„~ npmumo~~~ STATE OF HAWAII ) ss. CITY AND COUNTY OF HONOLULU ) MAR 1 p - On this day of , 2000, before me appeared +/p~„~ T, i~i~rscu 52 to me personally known, who, being by me duly sworn, did say that he is the ~7,cS ~De~ ~ of NAPIKIEHA, INC., a Hawaii corporation, one of the General Partners of BP PARTNERS, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and that said officers acknowledged the instrument to be the free act and deed of said corporation, as such General Partner. nun~,igr;ni ~ q t,,O ~~A? y Name: _ , Notary Public, State of Hawaii - ,,..,_s _ ,n, , ~ KEITH FUJINO ~ ` My Commission expires: Expiration Date: July 18, 2003 :f r,'r "~>;~unuuuu~"~t, STATE OF HAWAII ) ss. CITY AND COUNTY OF HONOLULU ) On this day of , 2000, before me appeared to me personally known, who, being by me duly sworn, did say that he is the of PAN-PACIFIC DEVELOPMENT, INC., a Hawaii corporation, and that the seal affixed to the fore- going instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and that said officers acknowledged the instrument to be the free act and deed of said corporation. Name: Notary Public, State of Hawaii My Commission expires: STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2000, before me personally appeared and ,personally known to me (or proved to me on the basis of satisfactory evidence), who being by me duly sworn, did say that they are the and ,respectively, of the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, and that the seal affixed to the instrument is the seal of said COUNTY OF HAWAII, and that the said instrument was signed and sealed in behalf of said COUNTY OF HAWAII by authority of its Charter, and said and acknowledged the instrument to be the free act and deed of the COUNTY OF HAWAII. Signature: Name: Notary Public, State of Hawaii My commission expires: