HomeMy WebLinkAboutRES 012 Draft 01 2000-2002 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 12 O1
RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT A, ALONG WITH
THREE DRYWELLS V6'ITHIN SAID ROADWAY, WITHIN PU`UKAPU HOMESTEADS,
FROM THE TRUSTEES OF THE RICHARD SMART REVOCABLE PERSONAL TRUST,
TA3C MAP KEY (3)6-4-01-042 (PORTION), TO THE COUNTY OF HAWAII
1b'HEREAS, the Trustees of the Richard Smart Revocable Personal Trust, are the
developers of the Pu`ukapu Homesteads, and the owners of Roadway Lot A, along with three
dnwells within the said road lot, located m ~~'atmea, South Kohala, Haw•at't, specifically
identified as Tax Map Key (3)6-4-O1-042 (portion), being more particularly descnbed m the
attached dedication deed (Exhibit A) and delineated on Exhtbtt B attached hereto, and
WHEREAS, the Trustees of the Richard Smart Revocable Personal Trust, the developer,
have constructed all subdivision improvements and received final subdiv•tston approval, and
«•1-IEREAS, the Trustees of the Richard Smart Revocable Personal Trust
is desirous of dedicating the subject road lot, along with three drvlvalls wrthtn said road lot,
including all subdivision improvements thereon, to the County of Hawat't for road and drainage
purposes, and [he mtprovements have been inspected and approved by [he County of Hawat't
Department of Public Works, Department of ~Va[er Supph and the Planning Department, and
~~'HEREAS, the subject road and drainage mtprovements have been completed according
to County of Haw•at`t standards, are m acceptable condroon for dedtcatton, and m full compliance
~a•rth the provtstons of Chapter 23 of the Hawat't County Code, and
WHEREAS, Seaton 23-10 of [he Hawat't County Code prohtbrts [he council from
receiv•tng by dedication any streets m any subdivision platted after December 2, 1966 except
upon full compliance with the provtstons of Chapter 23, and
~~'HERE4S, 4rttcle XIII, Section Li-12 of the Hawaii Coun[y Charter, provides [hat the
Council may accept gifts w'iuch include the dedtcatton of land on behalf of the County of
Hawat't,
NO«', THEREFORE, BE IT RESOLVED BY THE COLTCIL OF THE COLTiTY OF
HAWAII that tt finds the subject subdiv•tston and improvements thereon are m full compliance
with the provtstons of Chapter 23 of the Hawat`t County Code as certified and approved by all
applicable agencies,
NO«', THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE
COLT`TY OF HAWAII, m accordance w•rth Article XIII, Seaton 13-12 of the Hawat-t County
Charter and Seaton 23-] 0 of the Haw•at`t County Code, that the County of Hawat`t accepts the
real property and dry~vells described to the attached dedication deed (Exhibit A) and more
specifically identified as Tax Map Key (3)6-4-01-042, mcludme all improvements thereon, for
public road and drainage purposes
DATED Hllo, Hawatl,
INTRODUCED BY 5
tN IL MEMB OUN Y OF HA1 f'I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawat`t
Hilo, Haw•ai t AYES NOES ABS Ex
ARAKAKI
1 hereby certify that the foregoing RESOLUTIOti was by the CHU~'G
vote indicated to the right hereof adopted by the COUNCIL of ELARIOVOFF
the Counh~ of Hawat`t on JACOBSON
LEITHEAD-TODD
ATTEST
PISICCHIO
SAFARIK
TYLER
YAGONG
Reference G-39/PWII.C-
12 01
COUNTY CLERK CHAIRMAN & PRESIDI\G OFFICER RESOLUTIO\ NO
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail (X) Pickup To
Campbell & Campbell
Attorneys at Law
65-1235A Opelo Road, Suite 5
Kamuela, Hawau 96743
Title of Document:
DEDICATION DEED
GRANTOR: MELVIN B. HEWETT and CARL ARTHUR CARLSON, JR.,
TRUSTEES OF THE RICHARD SMART REVOCABLE
PERSONAL TRUST, by Trust Agreement dated August 3,1978
whose mailing address is P O. Box 458, Kamuela, Hawau 96743
GRANTEE: COUNTY OF HAWAII, a municipal Hawaii corporation, duly
existing under, pursuant to and by virtue of the laws of the State
of HaH,~aii, whose principal place of business and mailing address
~s 25 Aupum Street, Hilo, Hawau 96720
TMK 3rd Div 6-4-1 42 (Portion)
EXHIBIT "A"
DEDICATION DEED
KNOW ALL MEN BY THESE PRESENTS THAT, MELVIN B.
HEWETT and CARL ARTHUR CARLSON, JR., TRUSTEES OF THE RICHARD
SMART REVOCABLE PERSONAL TRUST, by Trust Agreement dated August 3,
1978 having all powers under said trust agreement, including full power to sell,
convey, exchange, mortgage, lease, assign or otherwise deal tirtth and dispose of all
lands of the trust estate and interests therein, whose mailing address is P O Box 458,
Kamuela, Hawaii 96743, hereinafter collecttvely called the GRANTOR, for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10 00) and other
valuable consrderahon to it paid by the COUNTY OF HAWAII, a mumc~pal Hawau
corporation, duly ex~stmg under, pursuant to and by virtue of the laws of the Sate of
Hawaii, whose prrnapal place of business and mailing address rs 25 Aupun~ Street,
Hilo, Hawaii 96720, hereinafter called the GRANTEE, the receipt whereof is hereby
acknovti~ledged, does hereby grant and convey unto the said Grantee, its legal
successors and assigns, for roadway purposes, the real property more particularly
described in Exhibit "A" and depicted in Exhibit "B" attached hereto
TO HAVE AND TO HOLD the same unto the said Grantee, its legal
successors and assigns, m fee simple forever
And the Grantor, for itself, its successors and assigns, hereby covenants
and agrees to and with the Grantee that upon the execution of this conveyance 3t is
seised of said property in an estate in fee simple, and that the same ~ free and clear
of all encumbrances, except as shown in Exhibit "A", and said Grantor further
covenants and agrees that it will warrant and defend the fee simple title conveyed
and intended to be conveyed against the lawful claims of all persons
IN WITNESS WHEREOF the said Grantor has caused this instrument
to be duly executed on this day of 1999
THE RICHARD SMART REVOCABLE
PERSONAL TRUST, by Trust Agreement
dated August 3,1978
APPROVED AS TO ~ !
FORM AND LEGALITY: MELVIN B. HEWETT,1111Trustee
DEP CORPORATION COUNSEL z ~j ~
CO TY OF HAWAII Wtj~
Date ~a.~&~b' CARL ARTHUR CARLSON, JR. ,Trustee
"Grantor"
STATE OF HAWAII
SS.
COUNTY OF HAWAII
On this 15th day of January. 1999, before me, Kacy Boteilho, a notary public,
personally appeared Melvin B. Hewett and Carl Arthur Carlson Jr., Trustees of
the Richard Smart Revocable Personal Trust, by Trust Agreement dated August
3, 1978, recorded in Liber 13394 at Page 755, as amended, to me known to be
the persons described in and who executed the foregoing instrument, and
severally acknowledged that they executed the same as their free act and deed as
said Trustees-
Witness my hand and seal.
L.S. ~~@~Z°~(~Q~
Notar~~ State of Hawaii
Print Name KQ~' ~f30~/ lhU
My commission expires 11/1/O1
STATE OF HAWAII )
)SS
COUNTY OF HA~~'AI'I )
On this day of , 2000, before me personally appeared
HARRY KIM, to me personally known, who, being by me duly sworn, did say that he ~s the
Mayor of the County of Hawat'~, a mumc~pal corporation of the State of Hawaii, that the seal
affixed to the foregoing instrument is the corporate seal of said County of Haw•af that the
foregoing instrument was signed and sealed m behalf of the County of Hawat't by authonty
given to said Mayor of the County of Hawa~`i by Section 5-l 3(g) of the County Chaner, County
of Haw•a~`~ (1991), as amended, and said HARRY KIM acknowledged said instrument to be [he
free act and deed of said County of Hawa~`i
Signature
Pnnt or type name
Notary Public, State of Haw•a~`~
My Commission Expires
EXHIBIT A
L~'/I' A
LAND SI'ITATED CN 'II-IE NORTHERLY SIDE OF NPl~L~'~.HOA HIGr]WAY
AT FfJUfC`-~P[T, FA;-MEF~, SOUIH KOHALr'1, ISLrSID GF HP.WAII, Hiw~i•.II
BE]S]G P'JRTICNS 0? GRASTP 4564 TC ICAP.NAr'1I~
AND GRANT 4834 'IO FGSfiCX'HANOI-Pr'~NC
BEII~, ALSO, PCRTIGNS OF LL7T5 48 AND 49 OF
PU[JIC-~FTJ F~FSTE<'~DS, FIRST SERIES
Begu~n_ng at a 1,'2-;nch pipe at the Southeasterly cor-Ter of :1~.is parcel of
land, c;n the Nortl-,erly side of `4amaiahoa IitigYa~ray, the coo~ir~tes of wtLCh refe_~d to
Grn~esrmpnt Suraey Trangulation Stat~c~ "~rIEST BASE" being 193 42 feet South and 2, 225 93
feet East and rtnnir4 az~ths rrpaa:-mod clodcMnse fran True South.
70° 21' 110 00 feet along the Nor`~herly side of
Mamalahoa IiigYrray to a i,•'2-~r_ch
pipe:
2 160° 21' 10 00 feet along the r~a~-~der of Grant 4834
to :Cahoahanahano to a li`2-LZCz
Pipe,
thence along the ranv..-~der of Grant
4834 to ono, on a a:rve
to the left un.th a radius of 30 00
feet, the chord azimuth and
distance being
205° 2" 42 43 feet, to a lj2-inch o~oe, thence,
4 160° 21' 3G 40 feet alcnc the ra~.t:sder of Grar_t 4834
tC KahOOhaLlohano CC 3 1 2-SCI:
Pipe.
thence along the remainder of Grant
4834 to Kahoohanohano, on a curve
to the left with a radius of 275.00
feet, the chord azimuth and
distance being:
5. 154° 44' 53.83 feet, to a 1/2-inch pipe, thence;
6. 149° 07' 270.30 feet along the remaude~ of Grant 4834
to Kahoohanohano, to a 1/2-uich
pipe;
thence along the rema~~der of Grant
4834 to Kahoohanohano, on a curve
to the riot with a radius of
325.00 feet, the chord azimuth and
distance beuiq:
7. 160° 51' 30" 132.28 feet, to a 1/2-inch pipe, thence;
8. 172° 36' 126.20 feet along the remainder of Grant 4834
to Kahoohanohano, to a 1/2-inch
pipe;
thence along the remauders of
Grant 4834 to Kahoohanohano and
Grant 4564 to Kaanaana, on a curve
to the left with a radius of 275.00
feet, the chord azimuth and
distance being:
9. 160° 51' 30" 111.93 feet, to a 1/2-inch pipe;
thence along the remainder of Grant
4564 to Kaanaana, on a curve to the
left with a radius of 40.00 feet,
the chord azimuth and distance
being:
10. 129° 03' 25.5" 27.44 feet, to a 1/2-inch pipe;
thence along the remauder of Grant
4564 to Kaanaana, on a calve to the
right with a radius of 45.00 feet,
the chord azimuth and distance
beux3:
11. 239° 07' 68.82 feet, to a 1/2-inch pipe;
thence along the ran3andes of Grant
4564 to ?~~an~~ra, an a cure to the
left o-r_th a radius of 40 00 fE°t,
the choffi azututt. and distance
being
12 349° ~0' 34 5" 27 44 feet, to 3 1!2-inch pipe,
thsce along the r~nainr'.er of Grant
4564 to Kaanaana, on a cti~sve to the
right :with a radius of 325.00 feet,
the ,;fiord az:zn_th and distance
be L'1
13 340° 51' 3C" 132 28 feet, to a i,`2-soh pipe, tl,.ence;
14 352° 35' 126 20 feet along the *~~~^ders of Grant 4564
to s^^^^^~^ and Grant 4834 to
E(c"11'=00haI]ChanJ, t0 3 li 2-1r:G~'i plpe,
thh°.zce along the r~.nder of Grant
4834 to FCahoohanohaiw, on a cure
to the left .nth a radius of 275.00
feet, the rl~crr3 azinut'~ and
d~.stance be~na
15 34G° 51' 30" 111 9s feet, to a 1;`2-arc': pipe, thence,
15 329° 0"' 270 30 feet a'_ang the reralrtier of Grant 4834
to Kahoohanchanc, to a 1%2-inc'~
pipe,
trence alone ;1~ =anav-~er of Grant
4834 to :Cahochanchano, an a curve
to t.`~e right svlth a radius of
325 OC feet, the chore azucuth and
distance be:ncr
1" 334° 44' 63 62 feet, to a lit-Lnc'~ pipe, :he_^.ce,
lfi 340° ~l' 30 40 `_eet a:.ong tre re*.raL~er of Grant 4834
tc Karxhanchanc, to a 1;`2-inch
p-pe,
thh~nnce along tree ~sna:.ndes of Grant
4834 t0 Kahmhanrha7C, Cn a Q]S'Je
to the left with a radius of 30 00
feet, the c'v~r3 azinuth and
da.stance bevzg
19 295° 21' 42 43 feet, to a lit-inch pipe, tl,.enc=,
20 340° 21' i0 00 feet along the r~~nriar of Grant 4834
t0 Kahmhanrh~nn tC the point Of
hpa-inning and ccnta~n,ng an area o_°
1 070 AC-e
~,r1 S Tc.o4 Description Prepared By•
~C - `?7
_ i i ~~S SLL4cVEI^JRS HASvAII, 1IC
1020 AuaYu Sue=t ~~O `"-0 _ J S. Texada
Building 6, Roan 1 "~Gy 3'' Lacense3 Professional Land 51~.~~cr
Honolulu, Hawaii 9681? All, U• C= ~f
.st' irate Nu~er 5080
Ma~• 12, 1998
95-i25
SUBJECT HOWEVER TO THE FOLLOWING:
L. The terms and provisions, including tae Eailuce to ccmply
with any covenants, conditions and reservations, contained
in the following:
SNSTRUKENT FARH DWELLING AGREEt~lEYT
DATED January 6, 1982
RECORDED Liber 1617E Paqe 77i
PARTIES RICHARD St1ART TRQST dbz PARKER AANCH and the
PLANNING DEPARTMENT OF iAE COUNTY OF 3AWAII
2. GRANT
TO ROBERT L. DENSHAM
DATED September 5, 1996
RECORDED DocumQnt No. 96-132064
GRANTING an alternative perpetual access easement
over, upon, through, across Grantor's Other
Land, as described herein
3. Claims arising out of customary and traditional rights and
practices, including witnout limitatzen those exercised For
subsistence, cultural, religious, access or gathering
purposes, as provided Eor in the Haws:: Conseitution of the
savais Revised Statutes.
~~i{Q Lof 56 EXHIBIT "B"
+ary.
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CASCYCN(S /a
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I
LOT 5 ~ DEDICATION LOCATION MAP
- C PARCEL 42 SUBDMSION
o ~ ° PUUKAPU, WiUAlti~, SYX/1H KA'LICA
x~ ~ ~ 1szAHV a~ Euwai, fiawai
_ _
i #~i a i ~ LOT 6 TO BE DflM^.17ID: R
~/s rlfhi~inad lo~
3~k ~ TYPE OF Rf310: 50-fL wide right-of-ray, A~
_ - - - - - - - pa?aw+ent with glassed shouldefs
- - and srnks
a -
~ a LENGTH OF RCMP. 872 feef (0.f6 mile)
-•"='+no4 m/• ~ ;p""., ; H0. OVA LOTS: 6 b1s
HM+A~gy'~' TAX AUP KLY.• 6-4-01: 42
K`dY4 YI~11 EM~1rED¢S STRiE1LRS (uw! IC IaD NWkI[~~ sr
- ~OUTi^1C-
'CC 4CC
C%r '7r<
DEPARTMENT OF PUBLIC WORKS r.~~+: -~-oa,e
COUNTY OF HAWAII G~~~ ___KAM
HILO, HAWAII 5EU rr~
DATE March 28, 2000
TO Gerald Takase, Deputy Corporation Counsel
FROM Galen M Kuba, Engineenng Diwsion Chief~'~'
SUBJECT. DEDICATION OF ROAD LOT A
Road Lot A Waikelehua Place by Resolution 99-76
Subdivision Richard Smart Trust -Parcel 42
Subdivision No 96-026
Location Puukapu, Waimea, S Kohala, Hawau
Tax Map Key 6-4-01 042
DPW Folder No 64157
We have re-inspected the subject subdivision and recommend dedication
This subdivision has a security agreement to maintain the grass shoulders and swales and
a bond to reconstruct two dry wells near the intersection of Waikelehua Place and
Mamalahoa Highway
Enclosed is the dedication location map
Questions may be referred to Kelly Gomes at ext 8327
KG
Enclosure
c HWY
TRF
ENG-KON
Planning Department
Parker Ranch (P O Box 458, Kamuela, HI 96743)
I _ ROUTING
CC ACC
¦u4
~ fy, -
TAK -DABI
DEPARTMENT OF WATER SUPPLY All
1 rr+, 1`~,
o~~~i ur w,.,"t>,, 25 AUPU NI STREET HILO, ij ~WJU f-9E7'M'K~~
i/
TELEPHONE (6G61 961 8660 FA
G, - _L
January 29. 1999 ,
eY_u
TO Mr Richard D Wurdeman. Corporation Counsel
ATTENTION MR GERALD TAKASE. DEPUTY CORPORATION COUNSEL
FROM Milton D Pavao. Manager
SUBJECT DEDICATION DEED PUUKAPU HOMESTEADS
GRANTOR TRUSTEES OF RICHARD SMART TRUST
TAX MAP KEY (3) 6-4-001 042 (PORTION)
The Department of Water Supply has no obJect~ons as to the acceptability of this
document, except that the description on Exhibit A, course No 11, should be along
a curve to the right not left, and the radius should be 45.00 feet. not 40.00
feet
Milton D Pavao P E
Manager
RA gms
Enc
(/Vafer brine rro~reas...