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Home My WebLink AboutRES 093 Draft 01 2000-2002 COUl~TY OF IIAWAI`I STATE OF IIAWAI`I ~y~ RESOLUTION 1~t0. ~ O1` RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GRANT OF EASEMENT LOCATED AT KAHAULOA 2ND, SOUTH KONG, HAWAII, BEING A PORTION OF TAX MAP KEY (3)8-3-016:013 (PORTION), BETWEEN T. RED CO., INC. AND THE COUNTY OF HAWAII. WHEREAS, T. RED CO., INC. is the owner of real property located at Kahauloa 2nd, South Kona, Hawaii, specifically identified as being a portion of Tax Map Key (3)8-3-016:013, being more particularly described in and delineated on the attached Grant of Easement; and WHEREAS, the County of Hawaii installed, operates and maintains a drainage system on adjoining parcels, which drainage system encroaches onto portions of T. RED CO., INC.'s real property; and WHEREAS, the County of Hawaii and T. RED CO., INC. wish to resolve the issues arising out of and related to the encroachment detailed in the attached Grant of Easement by T. RED CO., INC. granting easements to the County of Hawaii for the encroaching areas; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council, on behalf of the County, may accept gifts of donations of money, securities, or other personal property or of real estate or any interest in real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCII. OF THE COUNTY OF HAWAII, in accordance with Article XIlI, Section 13-12 of the Hawaii County Charter, that the County of Hawaii accepts the grant of easements located at Kahauloa 2nd, South Kona, Hawaii, being a portion of Tax Map Key (3)8-3-016:013, as detailed in the attached Grant of Easement. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Matthew G. Jewel, Ashford & Wriston, Kuakini Tower, Suite 208, 75-5722 Kuakini Highway, Kailua-Kona, Hawaii 96740; (2) Director of Finance; (3) Department of Public Works; and (5) Gerald Takase, Assistant Corporation Counsel. DATED: Hilo, Hawaii, INTRODUCED BY: CIL ME R\CO TY OF H AI`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 hereof adopted by the COUNCIL of ELARIONOFF the County of Hawaii on JACOBSON LEITHEAD-TODD ATTEST: PISICCHIO SAFARIK TYLER YAGONG Reference C-245/PW&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. LAND ('OiJRT SYSTF,jVl, RF.~'~iJi.AR ~,xSTF,M AFTER RECORDATION, RETURN BY: ? MAIL ? PICKUP TO: THIS DOCUMENT CONTAINS- PAGES Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 AFFECTS TAX MAP KEY: (3) 8-3-16:013 GRANT OF EASEMENT THIS GRANT OF EASEMENT made this day of , 2001, by and between T. RED CO., INC., a Have~aii corporation, with a mailing address of 679 Kahiau Loop, Kailua, Hawaii 96821, hereinafter called the "Grantor", and the COUNTY OF HAV6VAII, a municipal corporation of the State of Hawaii, with a principal place of business and mailing address of 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee", WITNESSETH: WHEREAS, Grantor owns that certain parcel of property located in Kahauloa, 2°d, Kona, Hawaii, identified as Tax Map Key (3) 8-3-16:013; and WHEREAS, Grantee has installed, operates and maintains a drainage system within adjoining property, a portion of which system encroaches onto a portion of Grantor's property; and WHEREAS, Grantor is willing to grant a perpetual easement to Grantee for such encroaching portion of Grantee's drainage system, upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Grantor and Grantee hereto agree as follows: 1. Demise and Description of Premises. The Grantor, in consideration of the sum of Ten Dollars ($10.00) to it paid by the Grantee, the receipt of which is acknowledged, and of the covenants herein contained and on the part of the Grantee to be observed and performed, and upon and subject to the terms and conditions hereinafter set forth, does hereby grant the following perpetual easement to Grantee: permission to install, operate and maintain a drainage system on premises owned by Grantor situate at Kahauloa 2°d, District of South Kona, Island, County and State of Hawaii, said easement being more particularly described in Exhibit "A" and delineated on Exhibit "B", both of which are attached hereto and made a part hereof. 2. Indemnification. Grantee shall indemnify, defend and save harmless, the Grantor, its successors and assigns, from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of Grantee, its officers, agents, or employees, that may arise or result from the installation, operation, maintenance, presence, or use of Grantee's fixtures and all appurtenances connected therewith. 3. Maintenance. The Grantee shall use due care and diligence to keep the said drainage system and any improvements appurtenant thereto, in a safe, clean, sanitary, and orderly condition and will exercise its rights hereunder in a manner that will occasion only such interference with the use of the land by the owners and occupants as is reasonably necessary. 4. Access. Grantor grants to Grantee the right of ingress and egress at all reasonable times for the installation, maintenance, use, operation and repair of its fixtures and all appurtenances connected therewith. 2 5. Parties of Interest. The covenants contained in this grant of easement shall inure to the benefit of, and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parities have executed this instrument the day and year first above written. T. RED CO., INC., a Hadvaii corporation sy SHINZO NOZAKI Its Vice-President "Grantor" COUNTY OF HAWAII ~y HARRY KIM Its Mayor "Grantee" RECOMMEND APPROVAL: JIRO SUMADA Deputy Chief Engineer APPROVED AS TO FORM: GERALD TAKASE Deputy Corporation Counsel 3 _ _ STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2001, before me personally appeared SHINZO NOZAKI, to me personally known, who, being by me duly sworn or affirmed, did say that he is the Vice-President of T. RED CO., INC., a Hawaii corporation, and that the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors, and said officer acknowledged said instrument to be the free act and deed of said corporation. Print Name: Notary Public, State of Hawaii My Commission Expires: 4 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2001, before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn or affirmed, 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, and that the foregoing instrument was signed and sealed in behalf of said 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 KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Print Name: Notary Public, State of Hawaii My Commission Expires: 5 #01616.24 EASEMENT "D-1" EASEMENT "D-1" FOR DRAINAGE PURPOSES AFFECTING LOT 13 OF KEALAKEKUA BAY ESTATES IN FAVOR OF COUNTY OF HAWAII Land situated on the Northerly boundary of Lot 13, on the Easterly boundary of Parcel 4 and on the Southerly side of Lot 57 (Drainage Channel) at Kahauloa 2nd, South Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 13 of Kealakekua Bay Estates; and Royal Patent 4513, Mahele Award 32 to Kanele. Beginning at a PK Nail (Found) at the Northernmost corner of this easement, being also an angle point on the Northerly boundaryof Lot 13, the Southwesterly corner of Lot 57 (Drainage Channel) of Kealakekua Bay Estates and being a point on the Easterly boundaryof Parcel 4, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PALEMANO" being 3,736.98 feet North and 8,063.53 feet East and running by azimuths measured clockwise from True South: 1. 309° 00' 38.11 feet along Lot 57 (Drainage Channel) of Kealakekua Bay Estates to a point; 2. 88° 00' 28.71 feet along the remainder of Lot 13 to a point; 3. 177° 53' 30" 25.00 feet along Parcel 4 to the point of beginning and containing an ~~P~ T ~,q, area of 359 Square Feet. LtCENSEO y~~y WES THOMAS ASSOCIATES G2 PAOFESSIQAJAL LAND 3~ Si1P,VEYOR / No- ~i Chrys al Thomas Yamasak ygV~q~~ V.`3P Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 8-3-16: portion 13 (3rd Division) April 13, 2001 #01616.24 Page 1 of 1 WES THOMAS ASSOC/RTES -Land Surveyors 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 v.~ ~ 6~ac~e ~ ~ #01616.24 EASEMENT "D-2" EASEMENT "D-2" FOR DRAINAGE PURPOSES AFFECTING LOT 13 OF KEALAKEKUA BAY ESTATES IN FAVOR OF COUNTY OF HAWAII Land situated at the Northwesterly corner of Lot 13, on the Southerly boundary of Parcel A and on the Northeasterly side of Napoopoo Road at Kahauloa 2nd, South Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 13 of Kealakekua Bay Estates; and Royal Patent 4513, Mahele Award 32 to Kanele. Beginning at a PK Nail (Found) at the Northwesterly corner of this easement, being also the Northwesterly corner of Lot 13 and being a point on the Northeasterly side of NapoopooRoad, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PALEMANO" being 3,733.91 feet North and 7,923.97 feet East and running by azimuths measured clockwise from firue South: 1. 281 ° 29' 10.00 feet along Parcel A to a point; 2. 18° 00' 11.33 feet along the remainder of Lot 13 to a point; 3. 153° 44' 14.23 feet along the Northeasterly side of Napoopoo Road to the point of beginning and containing an area of 56 Square Feet. P~ T Y~M'9iS' uc~sE® ~ WES THOMAS ASSOCIATES v PROFesseo~~ ~~fl ~ sl1RVElfOR ~C too. a3s~ ^ • Chryst I Thomas Yamasaki c.. ygWA1~,v•`'~ Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TM K: 8-3-16: portion 13 (3rd Division) April 13, 2001 #01616.24 Page 1 of 1 WES THOMAS ASSOCIATES - land Surveyors - 75-5749 Kalawa Street, Kail~ea-Kona, Hawaii 96740-1817 ~ ~c~® Lot 57 S~FT,~F N (Drainage Channel) 1 ~ ~ 98 ~~'cy ~~Pr~, ® 3, 763.98 Ft. North / / 8, 036.53 Ft. East ~ / / Jp FF , Ref. "PALEMANO" ~ , . 4g0~ / / \ P.K. Nail (Found) 3 / / ~ EASEMENT 'D-1 / O~1?ra.4 c ~c}=~~ For Drainage Purposes ~ ~ ,1 359 SQ. FT. / / 1 o L,~--) Mi ofd'- ''i / `t.~0~ ~ U~ . lj), p~ ~ 88'00' 28.71 / r; CCU' v~J ~ 'r 1`; p°L 1v ~~.Q["C)Y~~r)r~~ ~c Spike (Found) / / L Q r ' 3 ~ .i n J -~D { ~ L~:~~~ / / 1.032 ACRES Parcel 4 Existing Easement "A-7" ~C~~~',~7 / / (6-Ft. Wide) 't ..,,~)r~~~1' For Pedestrian Access Purposes ~,J ~r ~ / (No Vehicular Access Permitted) ~9p ~ / / Portion of R.P. 4513, r Mahele Aw. 32 to Kanele 9 / `ti' / KEALAKEKUA BAY ESTATES Concrete Retaining Wall ~0, / / / Parcel A EASEMENT "D-2" / For Drainage Purposes 3, 733.91 Ft. North / 56 SQ. FT. (10.00) T--------------------------- 7, 923.97 Ft. East 18'00' / 1.33 Ref. 'PALEMANO°O P.K. Nail (Found) 153°44' 2ti0.23 ' (14.23) Concrete Headwall Existing Easement "P-18" (10-Ft. Wide) ~ For Planting Screen and N A P O O P 0 0 R O A D utility Purposes (No Vehicular Access Permitted) To Honaunou-=- ' MAP SHOWING ~oQ°° EASEMENTS 'D-1' AND "D-2" f' FOR DRAINAGE PURPOSES I AFFEC77NG LOT 13 ` OF KEALAKEKUA DAY ESTATES being o Portion of R.P. 45f3, Mahele Aw. 32 to Kanele At Kohouloo 2nd, South Kona lslond and County o owoii, State of Howoii ~~.(Q?L Y,q~~ This map was prepared by me or under my direct supervision. Q' UCETI~ED ~ NorE' rJr ~o~r:sls~oNA1` _ CHRYSTAL THOMAS Y MASH ! The (eafures, shown hereon, were located by an Licensed Professiono d Surveyor actual survey on fhe ground done on March 16, SUfNEYOR * State of Hawaii Certificate Number LS-4331 2001. No. 0331 'S' P' PROJECT NO.: 01616.24 TAX MAP K£Y.• 8-3-16:PORTION 13 (3RD O1VISION) F1ELd t~1R01:, ~t DATE.• APRlL 12, 2001 April 12, 2001 p:\active\00000-05999\01616.24\0161624e.dgn WE'S THOMAS ASSOC/AT~S - Land Surveyors , 75-5749 Kalawa Streel EX ~ Kailua-Kona, Hawaii 96740-1817 TEC. (808) 329-2353 FAX (808) 329-5334 EMaL surveys®wtahawoii.com Pctiae~..~.,a..~,..~.,.1 ~