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HomeMy WebLinkAboutRES 082 Draft 02 2000-2002 COUNTY OF I3AWAI`I STATE OF IIAWAI`I v•yx~• RESOLUTION NO. (Draft 2) RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT A OF THE KOHANAIKi INDUSTRIAL PARK, PHASE 1, FROM KAMAAINA 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 WHEREAS, 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, THEREFORE, 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, THEREFORE, 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 Map Key (3)7-3-058:026, including all improvements thereon, for public road and drainage purposes. BE IT FURTHER RESOLVED that the County Clerk shall forward copies of this resolution to (1) Steven S.C. Lim, Esq., Carlsmith Ball, 121 Waianuenue Avenue, Hilo, Hawaii 96720; (2) William Takaba, Director of Finance, County of Hawaii; and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said deed with the Bureau of Conveyances. DATED: Hilo, Hawaii, INTRODUCED BY• A:~~ COUN IL R,_ ~f~.~OF HAWAII 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 hereof adopted by the COUNCIL of ELARIONOFF the County of Hawaii on 7ACOBSON LEITHEAD-TODD ATTEST: PISICCHIO SAFARIK TYLER YAGONG c-211.1 Reference COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ (Draft 2 ) LAND COURT SYSTEM REGULAR SYSTEM Return by: MAIL ( ) PICKUP ( ) TO: Steven S. C. Lim, Esq. Carismith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 TOTAL NUMBER OF PAGES: 7 TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: KAMAAINA EIGHT PROPERTIES, LLC, a Hawaii limited liability company, whose mailing address is 73-4325 ;?ia Placc, Kailua-Kona, Hawau 96740 GRANTEE: COUNTY OF HAWAII, a municipal 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, Hawaii 96720 TAX MAP KEY (3) 7-3-58:26, fka (3) 7-3-09:portion of 15 Lot 26 (Roadway) off File Plan 2248 2015365.1.051671-00002 EXHIBIT "A" DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS THAT KAMAAINA EIGHT PROPERTIES LLC, a Hawaii limited liability company, 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 COUNTY OF HAWAII, a municipal 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, Hawaii 96720, hereinafter called the GRANTEE, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the said GRANTEE, its legal successors and assigns, for roadway purposes, the following described property: That certain roadway parcel known as Lot 26 (Roadway), designated on the tax maps of the Third Taxation Division of the State of Hawaii as Tax 1Viap a~ey No. (3) 7-3-58:26, fka 7-3-09: portion of 15, as shown on File Plan 2248, having an area of approximately 4.403 acres (hereinafter called the "Roadway'°). 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 company, 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 2015365.1.051671-00002 requirements of the County of Hawaii 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 particularly identified as Taz Map Key (3) 7-3-58:26, fka (3) 7-3-09: portion of 15, as shown on File Plan 2248, IN FAVOR OF Lot 27 of Kohanaiki Business Park, more particularly identified as Taz Map Key (3) 7-3-09:15, tka (3) 7-3-09: portion of 15, as shown on File Plan No. 2248. Said Grant of Easement was recorded at the Bureau of Conveyances of the State of Hawaii 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 observe 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 right-of--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 20153 65.1.051671-00002 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 of 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 1N WITNESS WHEREOF the said GRANTOR and GRANTEE have caused this instrument to be duly executed on this day of , 2001. KAMAAINA EIGHT PROPERTIES, LLC, a Hawaii limited liability company Its m,~'iz'1~,~ GRANTOR COUNTY OF HAWAII, a municipal Hawaii corporation By: HARRY S. KIM Its Mayor GRANTEE RECOMMEND APPROVAL: DEPARTMENT OF PUBLIC WORKS By: DENNIS K.W. LEE Its Director APPROVED AS TO FORM AND LEGALITY: By: Corporation Counsel A~sss~`.el~ Datea: MAY 2 2001 6 2015 3 65.1.051671-00002 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this lath day of ~pn ~ , 2001, before me personally appeared U?kc, C! . 3 to me personally known, who, being by me duly sworn did say that he is the__ l~lgrY n 'l~'~ of KAMAAINA EIGHT PROPERTIES, LLC, a Hawaii limi ed liability company, and that said instrument was signed on behalf of 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 Hawaii My commission expires: ~ ~-~y~- STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2001, before me personally appeared HARRY S. HI1VI, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said HARRY S. ISM acknowledged said instrument to be the free act and deed of said County of Hawaii. Name: Notary Public, State of Hawaii My commission expires: 7 20153 65.1.051671-00002 fl' O ~ ~ ~ o ~o •y Lot a LOT 1 ~ o ~ a I t9 ao at as a3 a4 as ~ 11 12 l3 14 IS ib 17 IB LoT "S" lf~Cnalnder) ,y I LOT °i-A-i LOT °i-i3-1 UE1~IG~1"ION LOG,4TIDN M,4P fG0~4~N~i~CI iNl~l,~~~'Rf ~~RK ~~5 1 ~,t Kohanaiki, North Kona, (siand of Nawati, Nawaii TO BE DEI~iGA°fED: Roadway Lot along with ro drywalls with inlet, 1 curb inlet and 3 inlet boxes with side opening. TYPE O~ RO~~: (o0-ft. right-of-way with .42-ft. wide pavement l2" ~G) with concrete curb, gutter and sidewalk and 24-ft. wide pavement C2" ,AGE with paved shoulders and swa I~. L~NC-~4-i1` O~ R0,4DW,41': 3,1'10 L~°. or O.b00 mile. NUMBER Oi= LOTS: 25 C1-Ac.~ Commercial and Ltght Industr(al. TAX M,4P KEY: (3J -i-03-09:015 ROADWAY LOS` TMK: 7-3-58: 026 EXHIBIT "B"