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HomeMy WebLinkAboutRES 287 Draft 01 2024-2026COUNTY OF HAWAPI STATE OF HAWAPI RESOLUTION NO. 28 ® 25 A RESOLUTION ACCEPTING THE DEDICATION OF A ROADWAY LOT IDENTIFIED AS TAX MAP KEY NO. (3) 2-4-080:044, SITUATED AT WAIAKEA, SOUTH HILO, ISLAND, COUNTY, AND STATE OF HAWAI`I, FROM MAILANI DEVELOPMENT, LLC. WHEREAS, Mailani Development, LLC., a Hawaii limited liability company, (hereinafter "the Owner") owns a certain roadway lot (hereinafter "the Roadway"), identified as Tax Map Key No. (3) 2-4-080:044 and situated at Waiakea, South Hilo, Island, County, and State of Hawaii, as described on Exhibit "A" and depicted on Exhibit `B", both of which are attached hereto and made a part hereof, and WHEREAS, the Owner wishes to dedicate the Roadway and all improvements thereon to the County of Hawaii (hereinafter "the County"); and WHEREAS, Section 23-10 of the Hawaii County Code 1983 (2016 Edition, as amended) prohibits the Council from receiving by dedication any street in a subdivision platted after December 21, 1966, except upon full compliance with the provisions of Chapter 23; °and WHEREAS, the Department of Public Works, having inspected the Roadway and found it to be in dedicable condition and in full compliance with the provisions of Chapter 23, recommends that the Council accept dedication of the Roadway; and WHEREAS, Article XIII, Section 13-12, of the Charter of the County of Hawaii provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the County; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that, pursuant to Article XIII, Section 13-12, of the Charter of the County of Hawaii, this body hereby accepts the dedication of the Roadway to the County for public road purposes. BE IT FURTHER RESOLVED that this body finds the proposed use of the Roadway for public road purposes to be in the public interest. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable C. Kimo Alameda, Mayor of the County of Hawaii; Renee N. C. Schoen, Corporation Counsel; Neil A. Azevedo, Acting Director of Public Works; and Charles Umemoto, Mailani Development, LLC., P.O. Box 6211, Hilo, HI 96720. Dated at Kona , Hawai`i, this 17th day of September , 2025. INTRODUCED BY: ©UNCIL MEMB R, COUNTY OF HAWAI`I COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted b the COUNCIL of the County of Hawaii on SeptemPber117. 2025 ATTEST: NT�CLCHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X 9 0 0 0 Reference: C-460/LAAC-22 RESOLUTION NO. 28 7 25 iumiiaiiuiaiio 2 EXHIBIT "A" ROAD LOT Being a Portion of Grant 11,636 to Yoshitaka and Shizuko Kudo Situated at Waiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 15,046.21 feet South and 438.10 feet East and running by azimuths measured clockwise from True South: 1. Following along Lot 3-27, along a curve to the left having a radius of 20.00 feet, the chord azimuth and distance being: 2200 40' 28.28 feet; 2. 1750 40' 792.03 feet along Lots 3-13 to 3-27, inclusive; 3. Thence along Lots 3-12 and 3-13, along a curve to the left having a radius of 475.00 feet, the chord azimuth and distance being: 1720 48' 02.5' 47.50 feet; 4. Thence along Lot 3-12, along a curve to the right having a radius of 525.00 feet, the chord azimuth and distance being: 1720 48' 02.5" 52.50 feet; 5. 2650 40' 50.00 feet along Mailani Street; 6. Thence along Lot 3-1, along a curve to the left having a radius of 475.00 feet, the chord azimuth and distance being: 3520 48' 02.5" 47.50 feet; 7. Thence along Lots 3-1 & 3-2, along a curve to the right having a radius of 525.00 feet, the chord azimuth and distance being: 3520 48' 02.5" 52.50 feet; 8. 3550 40' 792.03 feet along Lots 3-2 to 3-11, inclusive; ISLAND SURVEY, INC. SURVEYORS P.O. BOX 4215. HILO, HAWAII 96720-0215 Road Lot 9. Thence along Lot 3-11, along a cuive to the left having a radius of 20.00 feet, the chord azimuth and distance being: 3100 40' 28.28 feet; 10. 850 40' 90.00 feet along Lot 1-B to the point of beginning and containing an area of 1.051 acres. August 14, 2023 March 5, 2024 (Revised) Hilo, Hawaii TMK:2-4-080:044 LICENSED PROFESSIONAL LAND SURVEYOR NO. gas 2 ISLAND SURVEY, INC. 9"k- - �- - ROBERT T. SHIRAI Licensed Professional Land Surveyor5985 License expires 04/30/26 ISLAND SURVEY, INC. SURVEYORS P.O. BOX 4215 HILO, HAWAII 96720-0215 a a H W Cf) W Lv U Q O J Q 2 Q Y Y J Q � Q ii AHE STREET AHE STREET F t — — — F PLAN SHOWING DEDICATION LOCATION MAP FOR MAILANI SUBDIVISION TO BE DEDICATED: Road Lot along with 9 drywells with catch basins and 7 modified catch basins only TYPE OF ROAD: 50—ft right—of—way with 32—ft wide pavement (3" AC) and roll curb sidewalks LENTGH OF ROAD: 892.03 LF NUMBER OF LOTS: 27 lots (RS-10) TAX MAP KEY: (3)2-4-080:044 EXHIBIT B DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: January 28, 2025 TO: Sinclair Salas-Ferguson, Deputy Corporation Counsel n FROM: 4 for Hugh Y. Ono, P.E., Director SUBJECT: ROADWAY DEDICATION DEED Grantor: Mailani Development LLC Subdivision No.: SUB-19-001925 Subdivision TMK: 2-4-080:013 Roadway TMK: 2-4-080:044 DPW Folder No.: 24753 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: Charles Umemoto (Via E-Mail to charles@loanshawaii.net) Planning Department (Via E-Mail to plan ningCaD-hawaiicounty.gov, Approvals ONLY) County of Hawaii is an Equal Opportunity Provider and Employer ,MSY or k��t Mitchell D. Roth'}� , ' y� Ramzi I. Mansour Director Mayor f� �R Deanna S. Sako •%;A;r ,,,,;';,*�` Brenda Iokepa-Moses 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 FROM: Brenda Iokepa-Moses, Deputy Direce�,n�gb�, Department of Environmental Management DATE: June 3, 2024 SUBJECT: Mailani Development LLC TMK: (3) 2-4-080:044. Pursuant to your office's transmittal dated December 1, 2023, and correction dated June 3, 2024, the Wastewater Division and the Solid Waste Division of the Department of Environmental Management have each reviewed the above -referenced dedication deed and have no comments or objections as to the acceptability of the document. DEM appreciates the opportunity to provide comment. County of Hawaii is an Equal Opportunity Provider and Employer .J s Mitchell D. Roth Mayor Lee E. Lord Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 MEMORANDUM County of Hawaii PLANNING DEPARTMENT DATE: December 1, 2023 TO: SINCLAIR SALAS-FERGUSON Deputy Corporation Council ATTN: EMILY HIRAYAMA Legal Technician I FROM: JEFFREY W. DARROW Planning Department, Deputy Director SUBJECT: Dedication Deed Reference: PL-INT-2023-006567 TMK: (3) 2-4-080:044 Zendo Kern Director Jeffrey W. Darrow Deputy Director East Hawaii Office 101 Pauaht Street, Suite 3 Hilo, Hawat`i 96720 Phone (808) 961-8288 Fax (808) 961-8742 This is in response to your email request (PL-INT-2023-006567) dated December 1, 2023. We have reviewed the subject dedication deed and have no 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. AD www nlammne.ha%%aucounty eov Hairai'i County is an Equal Opportimity Provider and Employer Winning a hawancountv.gor a After Recordation, Return by Mail ( ) Pickup () to: MAILANI DEVELOPMENT LLC Post Office Box 6211 Hilo, Hawaii 96720 Total pages: SIX Affects: Tax Map Key (3) 2-4-080-013 (portion) DEDICATION DEED THIS DEDICATION DEED, is made this 24th day of Augg st , 2023, by: MAILANI DEVELOPMENT LLC, a Hawaii Limited Liability Company, its address is Post Office Box 6211, Hilo, Hawaii 96720 (hereinafter referred to as "GRANTOR"), in favor of COUNTY OF HAWAI'I, 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 967204 (hereinafter referred to as "GRANTEE"); WITNESSETH: KNOW ALL MEN BY THESE PRESENTS: That, MAILANI DEVELOPMENT LLC, a Hawaii Limited Liability Company, its address is Post Office Box 6211, Hilo, Hawaii 96720, hereinafter called the "Grantor," for and in Uediration Deed 1 Malian County of Hawaii TMK 31d 24-030.011(portion) consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it paid by the COUNTY OF HAWAH, a Mwlicipal Corporation of the State of Hawai'i, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, Count), and State of Hawaii 96720, hereinafter called the "Grantee," the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee, its successors and assigns, for roadway purposes, in fee simple, forever, the real property described in Exhibit "A", which is made a part of this Dedication Deed. TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges and appurtenances thereto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and assigns, in fee simple, forever. 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, except as aforesaid; that it has good right to sell and convey the same as aforesaid; and that it will, and its successors and assigns will, WARRANT AND DEFEND the same unto the Grantee, its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has executed these presents on the day and year first above, written. MAILANI DEVELOPMENT LLC a Hawaii Linuted Liability Company CHARLES UMEMOTO Member AUDREY TERADA Member APPROVED AS TO FORM AND LEGALITY DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Dedication Deed Hallam County of H a« -au TMK3'd 24-080-013 (portion) STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this day of 2023, before me personally appeared CHARLES UMEMOTO, to me known to be the person (or who provided satisfactory evidence of identity) described in and who executed the foregoing DEDICATION DEED and, being duly sworn, did say that he/she is the person named in the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed as Member of MAILANI DEVELOPMENT LLC, a Hawaii Limited Liability Company. Notary Public State of Hawaii Printed or Typed Name of Notary My conunission expires: NOTARY CERTIFICATION Made pursuant to Chapter 456, Hawaii Revised Statutes and Hawaii Administrative Rules §5-11-8 Document Description: Document Date: Number of pages: Circuit of Notarial act: Printed name of Notary: (Seal or Stamp) Dedication Deed Nlailaiu County of Hawaii TIv1K 3«i 24-080-013 (portion) DEDICATION DEED (If undated, insert "undated") SIX THIRD Circuit Signature of Notary Public Date of Certification STATE OF HAWAII ) ) SS. COUNTY OF HAWAII } On this day of 2023, before me personally appeared AUDREY TERADA, to me known to be the person (or who provided satisfactory evidence of identity) described in and who executed the foregoing DEDICATION DEED and, being duly sworn, did say that he/she is the person named in the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed as Member of MAILANI DEVELOPMENT LLC, a Hawaii Limited Liability Company. Notary Public State of Hawaii Printed or Typed Name of Notary My commission expires: NOTARY CERTIFICATION Made pursuant to Chapter 456, Hawaii Revised Statutes and Hawaii Administrative Rules §5-11-8 Document Description: Document Date: Number of pages: Circuit of Notarial act: Printed name of Notary: (Seal or Stamp) Dedication Deed MaIlaiu County of Hawaii TIVIK 3rd 24-080-0I3 (portion) DEDICATION DEED (If undated, insert "undated") SIX THIRD Circuit Signature of Notary Public Date of Certification 4 EXHIBIT "A" litu.0 a 1'otntin i�l l tlaili 1 I.fi �ti to 1't.Ishtal.a uutl';lu�uko }\ud�j `ttualed at 11alahca. Siiuth I lilt], Island of I-lawaii, 1-1a%kail Re"'tnning ,it the lntlth"ve"I LIIH Ci' Of iNS lun•ccl of land. the roordnntes t,l'sald point of, hrtnuung referred to (ioNermlicnt Suivey Triangulation Station "HALAi" heim- 15.04021 feet South and 115 10 I atit and IUnlliil'g h% azimuths measured clockwise I'rt]n) True Stiutll. i i'ollt tt im, along Lot 3 27, along a eUI-Ve to the lea-t 11M tlh� tt Iachus of-lLtut feet. the ellord annuit}^ and distance hero-': 40 40' 38.21% f ect: ? 175" 4W 792.03 Icet along, 7lient-e divng Lots 3-12 and 3-13. along a curve to the left Im%i ne a radius of'475,00 icct. tilt; chord azimuth and distance hcine 172" 48' 02.5" 47.50 fect. 4 'Thence .dung Lot 1-12, along a t:urVc to tilt ri"tt haVtng a r.thu, Of 5?5.00 Icet, the chold azmiu.th and distance beine: 171" 48' 02.5" i?.50 Icet. 265" 40' St) 00 feet aloha \°lailani Street: h. '1 }tenet- ,tkmg Lot 4-13. alone a curve to the leli havmg i rddiw, of 475 00 fleet, the chard azinluth and distance hcinu: 152d 41' 02.5" 47.5011cel. 7. 1 hence along Lot 4-13. along a cure to the light isa\ IlIg a radius 0i'525.00 lest, lilt:t:hurd arlmuth ,end distance heing 152' .}�` 02.5" 52 50lect. S. 355 40' 792.03 fort along iatlam Street. ISLAND SURVEY, INC. SURVEYORS pt] aoxazta NIIt) HIMAIi DG'2l 0215 Dedication Deed 5 Madan County of H aveaft TNIK 3f1t 2-440-013 (portion) sz I howc ahmg 111t 01 I_ akmg •1 cum tt thr r1 111 ha%mg a laslim td H Ou ics•I the chord a!1111tJt11 i111d (II.;w11r1 Ixtttl'_. ,10' !t1' 'ti.�ti lcci lit N: lit 1)0.00 tect alolll: I.S1:.1i111! Road-t1w, I w4vitti:ty "l)" kt the holdl of beginning and t ontaining an aic•a 1z1 1 051 arras %hq 11, 01_�3 ISLAND SURVEY I\(" I \lh- 1-4-11W:011 pcortml re Dedication Deed Mail alu Comity of Hawaii TMK3n12-4-08(W13 (portion) ISLAND SURVEY, INC. SURVEYORS u RC1BERT T SI IIR 11 Licensed Professional Land Surwpw M l,icome eMmcy 04 30 24 PO wxAlf, M0 H4: M 9Si1N1 W5 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAVI 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 June 4, 2024 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: Mailani Development LLC Tax Map Key (3) 2-4-080:044 Waiakea, South Hilo, Island of Hawaii, Hawaii We have reviewed the subject Dedication Deed document and have no objection to it being accepted by the Hawaii County Council. Should there be any questions please call Mr. Ronaldo B. Aurelio at (808) 961-8070, extension 287. RBA:dfg Sincerely yours, Vt V` WV � Keith K. Okamoto, P.E. Manager -Chief Engineer ... Water, Our_'Alost 1tecious Resource ... Fla `iNaiA Kane .. . The Department of Water Supply is an Equal Opportunity provider and employer.