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HomeMy WebLinkAboutRES 082 Draft 01 2000-2002 C®Ul®,TT'Y O~ II~.~AI`I ~TAT~ O~ II~VV~I`I -z~.~ SOI.U'TI01011~0. RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT A OF THE KOHANAIKI INDUSTRIAL PARK, PHASE 1, FROM K:~~MAAINA EIGHT PROPERTIES, LLC, TAX MAP-KEY (3)7-3-058:026, TO THE COUNTY OF HAWAII. WHEREAS, Kamaaina Eight Properties, LLC, a Hawaii limited liability company, is the owner of Roadway Lot A located in Kohanaiki, North Kona, Hawaii, specifically identified as Tax Map Key (3)7-3-058:026, being more particularly described in the attached dedication deed (Exhibit "A") and delineated on Exhibit "B" attached hereto; and WHEREAS, Kamaaina Eight Properties, LLC, has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, Kamaaina Eight Properties, LLC, is desirous of dedicating the subject parcel, including:, all subdivision improvements thereon, to the County of Hawaii for road and drainage purposes, and the improvements have been inspected and approved by the County of Hawaii Department of Public Works, Department of Water Supply and the Planning Department, and reserving unto itself a grant of perpetual easement for a private nonpotable waterline, subject to the conditions as set forth in the dedication deed and acceptable to the above County of Hawaii departments; and WHEREAS, the subject road and drainage improvements have been completed according to County of Hawaii standards, are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and WHEREAS, Section 23-10 of the Hawaii County Code prohibits the council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHERE.~S, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council may accept gifts which include the dedication of land on behalf of the County of Hawai` i; NOW, TIIEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds the subject subdivision and improvements thereon are in full compliance with the provisions of Chapter 23 of the Hawaii County Code as certified and approved by all applicable agencies. NOW, TI°IEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Section 23-10 of the Hawaii County Code, that the County of Hawaii accepts the real property in the attached dedication deed (Exhibit "A") and more specifically identified as Tax 1VIap Key (3)7-3-058:026, including all improvements thereon, for public road and drainage purposes. DATED: Hilo, Hawaii, RODUCED BY: ~II~" ~ ~ CO CIL M R, COUNT V O H I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUNG vote indicated to the right'~ereof adopted by the COUNCIL of ELARIONOFF the County of Hawaii on JACOBSON LEITHEAD-TODD ATTEST: PISICCHIO SAFARIK TYLER YAGONG Reference C-211/PW&IRC ; COUNTY CLERK C<IAIRMAN & PRESIDING OFFICER RESOLUTION NO. I..AND COUNT SYSTEM 1tEGULAIt SYSTElO~i Return by: ~4AII.. ( ) PICKUP ( ) TO: Steven S. C. Limy, Esq. Carlsanith I3a11 LLP 121 ~Vaianuenue Avenue Hilo, Hawaii 96720 TOTAL NUMBER OF PAGES: 7 TITLE OIL DOCUMENT: DEDICA'T'ION DEED PARTIES TO DOCUMENT: GI2ANTOIZ I~AlO~IAAIF~iA EIGHT PItOI?EI~TIES, LLC, a Ilavvaai lis~a?ted lnabilaty company, whose mailing address is 73-~32:i ;pia Place, Kailua-Kona, Hawaii 96740 GRANTEE: COUNTY OI? ~IA~AII, a Haaaanicipal Ilawaii corporation, duly ezisting under, pursuant to and by virtue of flee lades of the State of IIa®vaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawai=_ 96720 TAX MAP KEY (3) 7-3-58:26, fka (3) 7-3-09:portion of 15 Lot 26 {Roacl~s•ay) of t•'ale Plan 828 2015365.1.051671-00002 HXHIBIT "A" DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS THAT I~A10~1AAINA EIGHT PROP'EItTIES LLC, a Hawaii limited liability coHnpany, whose principal place of business and mailing address is 73-4325 Pia Place, Kailua~Kona, Hawaii 96740, hereinafter called the GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it paid by the COZTNTY OF' HAWAII, a H~nunicipal Hawaii corporation, duly existing under, pursuant to and by virtue of the laws of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, I-Iawaii 96720, hereinafter called the GRANTEE, the receipt whereof is hereby acknowledged, does hereby grant and Canvey unto the said GRANTEE, its legal successors and assigns, for roadway purposes, the following described property: That certain roadway parcel l~nown as Lot 26 (Roadway), de~agnated on the tax H~Haps oI'the Third TaxatioaH Davision of the State of Ilawaii aHS Tax 1VIap Ivey No. 7-3-58:26, $'H~a 7-~~-09: portion o€15, as shown nn EHIe PIaH~ 2248, havHng an aria of approxiffnately 4.443 acres (hereinafter called the itRS3a(Iway°v). TO HAVE AND TO HOLD the same unto the said GRANTEE, its legal successors and assigns, in fee simple forever; SUBJECT, HOWEVER, TO GRANTOR's grant of a perpetual and nonexclusive right and easement in favor of Kohanaiki Business Developers, LLC, a Hawaii limited liability cs~mpany, and its successors and assigns, for a nonpotable waterline and related facilities, including without limitation, the construction, reconstruction, installation, maintenance, operation, replacement and repair of improvements constructed pursuant to the 2 20153 65.1.051671-00002 requirements of the County of 1-Iawaii Department of Public Works for said purposes, in, upon, through, over, under and across the sixty (60) foot wide Roadway as described below: Lot 26 (Roadway) of Kohanaiki Business Park, more particutarty identified as Tax Map Ivey (3) 7-3-58:26, fka (3) 7-~-09: portion of 15, as staown on Pite Pta~a 2248, IN F'AVDR OP Lot 27 0€ I~oharaaiki Business Park, more partica~larty identified as Tax ~I~p Rey (3) 7-3-09:15, fka (3) 7-3-09: portion of 15, as stflown on Pite Pima l~lo. 2248. Said Grant of Easement was recorded at the Bureau of Conveyances of the State of I-fawaii on July 24, 2000, as Document No. 2000-101965. And the GRANTOR and GRANTEE hereby covenant and agree as follows: 1. Before commencing any work to install the private waterline, the GRANTOR shall :obtain from the Department of Public Works, a Construction Permit to work within the County's right-of--way, and shall comply with all of its requirements and conditions. 2. The private waterline and all of its appurtenances are deemed to be the property of the GRANTOR. 3. The GRANTOR shall, at its own expense, repair and maintain the private waterline. 4. The GRANTOR shall, at its own expense, repair any and all defects and damages that may be caused by its construction activity or its waterline to County facilities, utilities; driveways and other private waterlines and improvements to the satisfaction of applicable owners. 3 2015365.1.051671-00002 5. Before commencing any repair work within the County's right-of--way, the GRANTOR shall obtain from the Department of Public Works, a Construction Permit, and shall comply with all of its requirements and conditions. 6. The GRANTOR shall obseYVe and comply with all laws, ordinances and regulations of the federal, state or county governments affecting the installation and use of the private waterline. 7. The GRANTOR agrees to hold harmless, indemnify and defend the County of Hawaii, its officers, employees and agents against any and all lawsuits, claims, demands, judgments, liens or costs arising from the placement of the private waterline within the County's rightwof--way or the Director of Public Works' (°°Director")issuance of Private Waterline Installation Permits within the County's right-of--way. 8. The County of Hawaii shall have no obligation to repair or replace any private waterline, even if damaged by County employees. 9. Should the private waterline interfere or obstruct any improvements being provided by the County of Hawaii, the GRANTOR shall, at his own cost and expense, temporarily or permanently relocate the private waterline to another location that meets with the approval of the Director. 10. Upon completion of construction of the private waterline and related facilities, the easement is automatically cancelled upon disconnection of the water meter, termination of use or upon the abandonment of the intended purpose for which the easement is issued. 4 2015365.1.051671-00002 11. The Director may terminate the easement in the event the GRANTOR violates any of the conditions or requirements contained herein. A violation letter shall be delivered by certified mail to the GRANTOR. Upon receipt of the letter, the GRANTOR shall, within fourteen (14) days submit to the Director for his approval, a written plan of action to correct the violation. The GRANTOR's failure to properly respond within the above stipulated fourteen (14) days or his failure to execute his approved action plan will result in the immediate termination of the easement. 12. Upon termination of the easement, the private waterline shall be abandoned in place. Salvaging of the private waterline will not be allowed. The Department of Water Supply may also be advised of the termination of this permit. 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 it is seised of said property in an estate in fee simple, and that the same is free and clear of all encumbrances, except as aforesaid, 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. The parties agree that this writing may be executed in counterparts, each of which shall be deemed an original, and the counterparts shall together constitute one and the same instrument, binding all parties notwithstanding that all of the parties are not signatory to the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery ®f this instrument, duplicate unexecuted-and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. 5 2015365.1.051671-00002 IN ~iVITNESS WI3EREOF the said GRANTOR and GRANTEE have caused this instrument to be duly executed on this ~ day of 2001. KA1I~IAAIIolA LIGRT PROPERTIES, LLC, a l~a~aii 9iaraited iiability company ~s Its ~ GRANTOR COIT1o1TY OF RAWAII, a anunicipa' ~avvaii corporation ~y: R.ARIt~' S. I~IlO~I Its 1~Iayor GRANTEE RECOIbI1~tII APPROVAL: IILI~ARTl~~1mT'I` OF PIJ~LIC WORDS ~y: I)E1~il~TIS IOW. LlEE Its Ilirector APPRO~D AS TO FORM Al~I~ LLGALIT~': ~y: Co~;p~ration Counse4 ~~~~~?y' ~at~~~ ~~Y 2 2001 6 2015365.1.051671-0Cf002 _ sTAT~ of I-IAwAII ) ) ss: COUNTY OF HAWAII ) On this 1~4h day of ~ ~ J , 2001, before me personally appeared U?kt, NICe . ~ to me personally known, who, being by me duly sworn did say that he is the h~'~, of I~A16~IAAIld1A EIGHT PI~OPE~TIES, I~I:C, a Ha~~aia litni ed lialaaiety a®anpany, and that said instrument was signed on behalf df said company by authority of-.its board of directors and in behalf of said company, and said officer acknowledged the instrument to be the free act and deed of said company. ~ ( ~ Name: Notary Public, State of I-Iawaii My commission expires: ~ !a-~y~ STATE OF HAVGIAII ) SS: COUNTY OF Hr'~WAII ) On this day of .2001, before me personally appeared S. ICI, to me personally known, who, being by me duly sworn, did say that he is the Maglor of the County of I-Iawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instalment is the corporate seal of said County of I-Iawaii; that the foregoing: instalment was signed and sealed in behalf of the County of flawaii by authority given to said Mayor of the County of Flawaii by Section 5-1.3(g) of the County Charter, County ~f Ilawaii (1991), as amended; end said HAY S. I~IlO~I acknowledged said instalment to be the free act and deed of said County of Hawaii. Name: Notary Public, State of Hawaii My commission expires: 7 2015 3 65.1.051671-00002 W i~-° ~ ~®r L o ~ ~ ~ ~ ® i ~ 2® 21 22 23 24 25 ~ i3 92 !3 i~ 15...96 i'i 18 LOi' (i~nsa Tnd~r°) ~ LOT` '7-S-I 1 L ®T° ~i-,4-I #~~~~~lf~l f~ll~~f 1 ~t 1Gohanaiki, North !Gone, !eland of '1-lawati, I~awaii ~'O i~~Ole~fi~p: roadway l-ot along with (o drywalls with inlet, i curb inlet and ~ inlet boxes with side opening. 1'YP~ Ol° R0~~7: ~O-ft. right-of-way with 42-ft. wide pavement ,~C) with concrete curb, gutter aa~d sidewallz and ~~-ft. wide pavement C2" ,AC) with paved shoulders and swa la_ l-~i~l~i--1`f O~ I~O~I~W~Y: 3,1-PO L.'~. or O.~o00 mile. NUM~~~ ~ 1-O`fiS: 25 (1-,~cJ Commercial and light industrial. T°~X M.~F' K.~Y: C3) -f -03-03:01 RG~~V966~Y L®°f A? `TA99K: ~-3-58: 026 EXHI)3IT "i3"