HomeMy WebLinkAboutCOM 0782.002 1998-2000
J. CURTIS TYLER, III Bus: (808) 326-5684
Council Member Fax: (808) 326 5697
D4rrict 8 (NorM Kona) ctyler(i)nw"G.net
HAWAII COUNTY COUNCIL
F MD
Via Facsimile: 961-8912
July 24, 2000
MEMORANDUM:
TO: The Honorable James Y. Arakaki, Chairman
Hawai'i County Council
FROM: J. Curtis' yler III
Council Member
RE: Resolution 259-00
Waimea 3'rails & Greenways - Henry Clark Property
Please circulate to all Council Members a copy of the attached July 10
memorandum from JOette Tulang regarding the referenced resolution.
Also, please ask Scott, Leithead to attend the July 266' Council meeting for
questioning on this resolution.
Thank you for your assistance. If you have any questions about this
memorandum, please call me.
Attachment
Comm. No, R- 00 Z
File No.
C\JCT\Correspondence\Memos\.Arakald072400 1 M1" B. No ~1G L
' ate: JUL 5 2000
Kona Council Office: 77- 399 Nalani Sheet • Suite 104 0 Kailue-Kona 0 Hawaii 0 96740-8980
COUNTY OF HAWAII
DEPARTMENT OF PARKS & RECREATION
MEMORANDUM
Date: July 10, 2000
To: Curtis Tyler III, Councilman
From:f,jbliette Tulang, P&R Directq~'
Re: Waimea Trails & Greenways-Henry Clark Property
Enclosed is page 7 (Item 11) of the quitclaim deed for the Clark property.
Regarding your question on a metes and bounds description of the Clark property, the
property is adequately described by reference to a recorded file plan. The attached excerpt
from The Hawaii Conveyance Manual III defines a 'file plan' and the legal description that
may be used when a file plan exists.
If any additional questions or concerns arise, please contact my office.
Thank you.
encls
1.1.. AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR KAMUELA PLANTATION UNIT I dated December 13, 1983, recorded in
Liber 17525 at Page 300.
12. GRANT
TO HAWAII ELECTRIC LIGHT COMPANY, INC. and GTE HAWAIIAN
TELEPHONE COMPANY INCORPORATED
DATED August 4, 1983
RECORDED Liber 17737 Page 337
GRANTING a perpetual right and easement for electric,
telephone and guy anchor purposes over Easement "E-
211, as shown on survey map prepared by ROY T. Yama,
Land surveyor, dated June 29, 1983, being more
particularly described as follows:
All of that certain parcel of land (being portion(s) of the
land(s) described in and covered by Royal Patent Number 2237, Land
Commission Award Number 8518-B, Apana 1 to James Young Kanehoa)
situate, lying and being on the southerly side of Kawaihas Road at
ouli, District of South Kohala, Island and County of Hawaii, State
of Hawaii, being a portion of Lot 1 of the "Kamuela Plantation,
Unit 111, File Plan 1716, and thus bounded and described:
Beginning at the east corner of this parcel of land and on the
southerly side of Kawaihae Road, the coordinates of said point of
beginning referred to Government Survey Triangulation Station ,Fuu
PA" being 13,180.70 feet north and 6,010.20 feet west, thence
running by azimuths measured clockwise from true South:
1. 49° 41' 18.59 feet along the remainder of Lot
1 of Kamuela Plantation, Unit 1
(File Plan 1716);
2. 349° 44' 1.92 feet along the remainder of Lot
1 of Kamuela Plantation, Uhit 1
(File Plan 1716);
3. 790 44' 3.00 feet along the remainder of Lot
1 of Kamuela Plantation, Unit 1
(File Plan 1716);
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Chapter 2 Ref Cos. .A. Cnaeepa
.4M
ta'la
re it File
I.
To place an o0ginal document or a duplicate original on public record. Most legal documents are
'recorded.' Lt. kept in the form of a literal copy produced by electrostatic pramaa and miaorlm. After
documents taut " recorded at the Bureau of Co rwyancei rho original is returned to the person oared
ttl on the top left portion of the recordation boa for the document. (See RECORDING)
File Plan
t
n A enctes and nods storey of property Prepared by a registered professional surveyor. verified by
Ir the Slate Surveyor and usigned a file plan number. See H.R.S. Section 502.17. Lots located within a file
r
plan can be legatilh described by reference to the file plan member, such as:
it •x at
" "N " i 'La 173, areal 7.300 sq. ft., of the Kahala subdivision, u shown on the map filed in the Bureau of
Conveyances of the State of Hawaii as File Plan No. 12.'
• Financing Statement
IT it
I1 'r A brief docur lent whid, when recorded at the Bureau of Conveyances, perfects or establishes a
creditor's securny mtertst in a chattel. See H.R.S. Section 491.9-/02 This document is important to
protect the acdho 's interest in Ieraonal propertywhich is security for a debt, but which bccomes a fixture
y when attached to r lty.
- when fled the financing statement is effective for five years from the date of filing and lapses upon
expiration of that period unless extended by a Continuation Statement filed any time within the siX-ft h
period preceding the expiration of the five-year period. HStS_ Section 490:9403.
i. All
I I NOTE, however, that a financing statement cannot be fled with the Land Court, sleet Land Court
t accepts documents which affect real property only. Therefore, if a security interest is to be cuablisbed in
fixtures rclatcd to Land Court property a financing statement must be recorded in the Bureau of
Conveyances in ¦ dock to filing the security instrorncnl (cg. mortgage) with the land Court in order to
1 r a t insure the security Interest is perfected.
! Torill Investment In Rea Property Tax Act of 1980 (FIRPTA)
V. »
i M to This Act subjects most dispositions by foreign persons of real property isdi in the United States
19. T " to capital gains tax under the Internal Revenue Code. FIRPTA taxes not only sales of directly held U.S.
real property, but also taxes sales of interests in any 'United States real property holding corporation.'
The buyer of a U.S. real property interest from a foreign person is required to withhold 10% of the total
purchase price. The buyer is not required to withhold if the seller provides a certificate of 'non-foreign
- L1M status.- There are Ia number of exemptions, such as the purchase of a ruidenx (for use as such by the
11P buyer) casting less ~he S=000 and the purchase of stock traded on an established securities market. A
detailed discussion) of FIRPTA is beyond the scope of this Manual, but the requiremeots of FIRPTA can
be a trap for the unwary and, in a transaction of any substance, consultation should be had with a
" professional advisor conversant with FIRM.
1
ntee
.
person who receives from the grantor a grant of real property. The grantee mast be a person.
1 . r r The
1 either an individual or a legal entity, who exists at the time of the conveyance and who is capable of taking
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to If
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