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Home My WebLink AboutRES 082 Draft 03 2000-2002 COUNTY OF HAWAII * STATE OF HAVVAI`I :.y.~' R RE50LUTION NO. (Draft 3) RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT A OF THE KOHANAIKI INDUSTRIAL PARK, PHASE 1, FROM K:AMAt~INA 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 Huliko`a Drive, 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 Kohanaiki Businss Developers, LLC, 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 gigs 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 XHI, 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, June 6, 2001 INTRODUCED BY:~ P~ / ~ ~ ~ '~J ~ CO C MEMBER, UNT'Y OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai `i Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUr~G X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on June 6, 2001 1ACOBSON X LEITHEAD-TODD ATTEST: PIS[CCHIO . SAFARIK X j TYLER - YAGONG 7 0 2 0 Reference C-211.2/P-PW&IRC d-~.~°'~-~~'~~~~~ -~~'_._...~t:-~~:° (Draft 3) COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. LAND COURT SYSTEM REGULAR SYSTEM Return by: MAIL ( ) PICKUP ( ) TO: Steven S. C. Lim, Esq. Carlsmith Ball LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 TOTAL NUMBER OF PAGES: 10 TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: I{AMAAINA EIGHT PROPERTIES, LLC, a Hawaii limited liability company, whose mailing address is 73-4325 Pia Place, Kailua-Kona, Hawaii 96740 GRANTEE: COUNTY OF HAWAII, a municipal Ha®vaii corporation, duly ezisting 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 (ptoadway) of F51e 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, whoseprincipal place ofbusiness 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) (also known as Huliko'a Drive) designated on the tax miaps of the Third Taxation Division of the State of Hawaii as Tax Map Key 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, with said grant and conveyance to run with the land; 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 ("hereinafter referred to as "Kohanaiki"), and its successors and assigns, for a nonpotable waterline and related facilities, including without limitation, the construction, reconstruction, installation, maintenance, 2 2015365.1.051671-00002 operation, replacement and repair of improvements constructed pursuant to the 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 Tax Map Key (3) 7-3-58:26, flca (3) 7-3-09: portion of I5, as shown on File Pian 2248, IN FAVOR OF Lot 27 of Kohanaiki Business Park, more particularly identiEed as Tax Map Key (3) 7-3-09:15, flca (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 ofthe State ofHawaii on July 24, 2000, as Document No. 2000-101965. And Kohanaiki and GRANTEE hereby covenant and agree as follows: 1. Before commencing any work to install the private waterline, Kohanaiki shall obtain from the Department ofPublicWorks, aConstruction Pernut toworkwithintheCounty'sright- of-way, and shall comply with all of its requirements and conditions. 2. The private waterline and all ofits appurtenances are deemed to be theproperty of Kohanaiki. 3 . Kohanaiki shall, at its own expense, repair and maintain the private waterline. 4. Kohanaiki 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, Kohanaiki shall obtain from the Department ofPublic Works, a Construction Permit, and shall comply with all of its requirements and conditions. 6. Kohanaiki 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. Kohanaiki agrees to hold harn~less, 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'sright-of--way or the Director ofPublic Works' ("Director°°)issuance ofPrivateWaterlineInstallation PeimitswithintheCounty'sright- 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, Kohanaiki shall, at its 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 ofthe watermeter, termination ofuse or upon the abandonment of the intended purpose for which the easement is issued. 11. The Director may terminate the easement in the event the Kohanaiki violates any ofthe conditions or requirements contained herein. A violation letter shall be delivered by certified 4 2015365.1.051671-00002 mail to Kohanaiki. Upon receipt of the letter, Kohanaiki shall, within fourteen (14) days submit to the Director for his approval, a written plan of action to correct the violation. Kohanaiki'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 ofwhich 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 instnttnent, 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 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 G,~/D'!~ GRANTOR COUNTY OF HAWAII, a municipal Hawaii corporation By: HARRY S. KIM Its Mayor GRANTEE KOHANAIKI BUSINESS DEVELOPERS, LLC, a Hawaii limited liability company KOHANAIKI BUSINESS DE LOPERS, LLC, a waii li ' ed liab 'ty pany S y: MARKS. RICHARDS Its: ger ~ By: SIDN T. M - U I Its: Manager RECOMMEND APPROVAL: DEPARTMENT OF PUBLIC WORKS By: DENNIS K.W. LEE Its Director 6 2015365.1.051671-00002 APPROVED AS TO FORM AND LEGALITY: By: Deputy Corporation Counsel Dated: 7 2015365.1.051671-00002 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this 16~' day of 1111 F} ~ , 2001, before me personally appeared u r~G 1~~~'S ~ V G.w~- , of KAMAAINA EIGHT PROPERTIES, LLC, a Iiawaii limited liability co~pany, to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. l.S Na e: ~10.rJa. Notary Public, State of Hawaii My commission expires: 3 I r~ 3 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2001, before me personally appeared BARRY S. KIM, 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 ofsaid County ofHawaii; that the foregoing instrument was signed and sealed in behalf ofthe County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.348) of the County Charter, County of Hawaii (1991), as amended; and said BARRY S. KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Name: Notary Public, State of Hawaii My commission expires: 8 2015365.1.051671-00002 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 1'Y1Q.c.,~ , 1999, before me personally appeared MARKS. RICHARDS, to me personally known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free act and deed of such person(s), and, if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. riot Name: ~ ~ ~ V~-t-{~.y PUBLIC ` otary Public, State of Hawaii My commission expires: `f- 1(~- D~ _ 9 2015365.1.051671-00002 STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this / ~ day of /'Y~1Q~c.~~- , 1999, before me personally appeared SIDNEY T. MIZUKAMI, to me`p-ersonally known (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the foregoing instrument, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instn.unent as the free act and deed of such person(s), and, if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. vEAr~~ Vu.~ ~ ~ypTARY Print Name: ~ t_ L c~ Notary Public, State of Hawaii ci~, ~P My commission expires: / ~ q~~ HA 10 201 S36S.1.OS 1671-00002 O ~ ~ ~ ~ o~ ~ ° •y Lora O T I ~ o ~ d I 19 20 21 22 23 24 25 ~ s~ ~ 11 12 L3 14 15 16 17 18 LOT "S" (Remainder) G L o T ~1-g-I f y~ L o T 7-A-1 p~pIG,4TION LOG,4T(ON Mr4P ~~4~5 1 ~t Kohanaiki, i~lorth Kona, Island of Nawati, Hawaii TO BE p~DIG,4T~p: Roadway Lot a4, along with (o drywalls with inlet, 1 curb inlet and 3 inlet boxes with side opening. TYPE 01= ROo4p: (oO-ft. right-of-way with ~42-ft. wide pavement C2" AG) with concrete curb, gutter and sidewalk and 24-ft. wide pavement (2" AG) with paved shoulders and swa le_ LANG-~Nl° 01= R0~4pUJl~Y: 3,1'10 l~fi. or OfoOO mile. NUMBER OF LOTS: 25 11-Ac.) Commercial and Light Industrial. TAX MAi IG~Y: C3) -1-03-09:01 F~OADWAY LOT A TIViK: 7-3-58: 026 EXHIBIT "B"