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HomeMy WebLinkAboutRES 101 Draft 01 2000-2002 COUNTY O~ HAWK STATE O~ HAWAI`I RESOLUTION NO. O~ RESOLUTION ACCEPTING THE DEDICATION OF ROAD "A" AND ROAD "A" EXTENSION OF HALE KE'EKE'E, FROM CENTRAL KONA LAND, LLC, TAX MAP KEY (3) 8-1-31:10, TO THE COUNTY OF HAWAII. WHEREAS, Central Kona Land, LLC, a Hawaii limited liability company, is the owner of Road "A" and Road "A" Extension located in Hale Ke'eke'e being portions of Lots 14-A and 26 and Grant 977 to Panaunau, on the westerly side of Hawaii Belt Road, at Keekee 2nd, South Kona, specifically identified as Tax Map Key (3) 8-1-31:10, being more particularly described in the attached dedication deed (Exhibit "A") and delineated on Exhibit "B" attached hereto; and WHEREAS, Central Kona Land, LLC, has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, Central Kona Land, 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 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 Hawaii; 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) 8-1-31:10, 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) Central Kona Land, LLC; (2) William Takaba, Director of Finance and (3) Ivan M. Torigoe, Deputy Corporation Counsel. -2- Dated: Hilo, Hawaii, INTRODUCED BY: C MEM ER, O Y OF ~ AI`I S:1RES0\central kona land 7-01 IMTch.wpd 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-274/PW&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~o~' 4 f LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL ( ) PICKUP ( ) TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: CENTRAL I~ONA LAND, LLC, a Hawaii limited liability company, whose address is P.O. Box 789 Kealakekua, Hawaii 96750 GRANTEE: COUNTY OF I~AWAII, a municipal corporation, whose address is 25 Aupuni Street, Hilo, Hawaii 96720 PROPERTY DESCRIPTION: LIBER/PAGE: TMK:(3)8-1-31:10, being Road Lot A DOCUMENT No: of Hale Ke'eke'e; being portions of TRANSFER CERTIFICATE OF Lots 14-A and 26 and Grant 977 to TITLE No(s).: Panaunau, on the westerly side of Hawaii Belt Road, at Keekee 2°d, South Kona, Island, County and State of Hawaii. Affects TMK: (3)8-1-31:10 DEDICATION DEED THIS DEED, made this , ~ day of Y~ 2001 by CENTRAL KONG LAND, LLC, a Hawaii limited liability company, whose address is P.O. Box 789 Kealakekua, Hawaii 96750, hereinafter called the "Grantor", and the COUNTY OF HAWAII, a municipal corporation, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee". WITNESSETH: That in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration paid by the Grantee, the receipt ofwhich is hereby acknowledged, the Grantor does hereby grant, dedicate and convey unto the Grantee, its successors and assigns, forever, ROan A as shown in Exhibit A attached hereto and made a part hereof. TOGETHER with all and singular the improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. SUBJECT, HOWEVER, to that certain Grant of Easement and Bill of Sale made by Grantor in favor of Water Board of the County of Hawaii dated , 2001, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. TO HAVE AND TO HOLD the same, unto the Grantee, for public roadway, access, and drainage and other utilities purposes, forever. AND, in consideration of the premises, the Grantor does hereby covenant with the Grantee that the Grantor is seized of the property herein described in fee simple; that said property is free and clear of and from all liens and encumbrances, except as may herein specifically be set forth; that the Grantor has good right to sell and convey said property, as 2 . aforesaid; and that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. The rights and obligations of the Grantor and the Grantee shall be binding upon and insure to the benefit of their respective estates, heirs, personal representatives, successors, successors in trust and assigns. All obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention shall be clearly expressed elsewhere herein. The conveyance herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee, its successors and assigns. IN WITNESS WHEREOF, the Grantor has executed these presents on the day and year first above written. CENTRAL KONA LAND, LLC G E. Ashikawa, Manager Member GRANTOR APPROVED AS TO FORM: ~ii~~~~~ijA~ By: County of Hawaii Date: ~ 3 . STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this ~ day of r1 , 2001, before me appeared GARY E. ASHIKAWA, to me personally known, who, being by me duly sworn did say that he is the Manager Member of CENTRAL KONA LAND, LLC, a Hawaii limited liability company, and that the foregoing instrument was signed in behalf of said company by authority of its Members; and said GARY E. ASHIKAWA acknowledged the instrument to be the free act and deed of said company. Notary Public, State of Hawai My commission expires: o ° oS Ld 4 EXHIBIT ~ ROAD "A" HALE KE'EKE'E Land situated on the Westerly side of Hawaii Belt Road (Mamalahoa Highway) at Keekee 2nd, South Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lots 14-A and 26; and Grant 977 to Panaunau. Beginning at the Northeasterly corner of this parcel of land, being also the Southeasterly corner,of Lot 7 of this subdivision and being a point on the Westerly side of Hawaii Belt Road (Mamalahoa Highway), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 1,270.64 feet North and 11,135.24 feet East and running by azimuths measured clockwise from True South: Thence, following along the Westerly side of Hawaii Belt Road (Mamalahoa Highway) on a curve to the left with a radius of 2,322.01 feet, the chord azimuth and distance being: 1. 1 ° 24' 10.5" 98.91 feet to a point; Thence, for the next twelve (12) courses following along the remainder of Grant 977 to Panaunau: Thence, following along Lot 1 of this subdivision and along the remainderof Lot 14-A on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 135° 43' 58.5" 28.01 feet to a point; 3. 91 ° 17' 44.19 feet along Lot 1 of this subdivision and along the remainder of Lot 14-A to a point; Thence, following along Lots 1 and 2 of this subdivision and along the remainder of Lot 14-A on a curve to the left with a radius of 975.00 feet, the chord azimuth and distance being: 4. 85° 38' 30" 191.70 feet to a point; 5. 80° 00' 334.54 feet along Lots 2, 3 and 26-A of this subdivision and along the remainder of Lot 26 to a point; Page 1 of 2 Thence, for the next four (4) courses following along the remainder of Lot 26: Thence, following along Lot 26-A of this subdivision on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 6. 59° 56' 25" 27.44 feet to a point; Thence, following along Lots 26-A, 26-B and 26-C of this subdivision on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 7. 101 ` 00' 42" 78.82 feet to a point; Thence, following along Lots 26-E and 26-F of this subdivision on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 8. 231 ° 07' S2" 84.02 feet to a point; Thence, following along Lot 26-F of this subdivision on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 9. 280° 03' 35" 27.44 feet to a point; 10. 260° 00' 334.54 feet along Lots 26-F, 4 and 5 of this subdivision and along the remainder of Lot 26 to a point; Thence, following along Lots 5, 6 and 7 of this subdivision and along the remainder of Lot 14-A on a curve to the right with a radius of 1,025.00 feet, the chord azimuth and distance being: 11. 265° 38' 30" 201.53 feet to a point; 12. 271 ° 17' 34.40 feet along Lot 7 of this subdivision and along the remainderof Lot 14-A to a point; Thence, following along Lot 7 of this subdivision and along the remainder of Lot 14-A on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 13. 226° 57' 12" 41.93 feet to the point of beginning and containing an area of 37,068 Square Feet. ~ PL T' Yq ~5 ~~s WES THOMAS ASSOCIATES Q" LICENSED ~ V~ PBiOFESS10NAl URND ~k St1iiVEYOR ~ ~3i Chrys al Thomas Yamasaki y~~'AH Uc,P' Licensed Professional Land Surveyor State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 8-1-03: 11, 32, 33 and 34 (3rd Division) April 15, 2001 SUBJECT HOWEVER TO: 1. Title to all mineral and metallic mines reserved to the State of Hawaii. Page 2 of 2 C T t~ u e~ C _ z ~r~~,,~ ~ C~ ~ ~o c,~ , M A L.~ t-~ oA t G cv- I i i re ~ 1 A -3a ~ . ~I ~ 1 ' \ ~ 70 /0 6 a 11 1 0 2 1 5 0 j ~ 3 I \ 1 0 ~ Tag 4 ~ ~ ? ~ ~ ~ 1 a 26A \ r 26F ~ Q a 0 GV 7-S A~Q ` ~ 260 4 6F- ~s f0 ~ ~ ~ \ 6 ~o ~'r- 2 26G A~ ~ r' 1, Pty - to /~1 ~w ~ ~ r ~ ~~DEDICATION LOCATION MAP SCALE: 1" = 300' ~o HALE KE' EKE' E KeeKee 2nd, South Kona, Hawaii TO BE DEDICATED: Road A and Road A Extension (Ala KeeKee PI.) along with road improvements; drainage system with 2-catch basins, and 3-catch basin/dry wells; and 4-street lights. TYPE OF ROAD: 50-ft. wide right-of-way County dedicable standard cul-de-sac with curb, gutter and sidewalks. LENGTH OF ROAD: 650 feet (0.12 mi.) NUMBER OF LOTS: Lots 1 thru 6 (RS-10), Lot 7 (CV-10) and Lots 26A thru 26F (A-1a) AVERAGE LOT SIZE: 12,000 s.f. (RS-10) and 1.42 acs. (A-1 a) TAX MAP KEY: (3rd Div.) 8-1-31: 010 June 1, 2001 `l ~t Sheet 1 of 1