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Home My WebLink AboutRES 012 Draft 02 2000-2002 COUNTY OF TIAVVAI ` S'TAT'E OF I~IAVVAI `I IaESOLUTI01011®TO. ~ (DRAFT 2 ) RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT A, ALONG WITH THREE DRYWELLS WITHIN SAID ROADWAY, WITHIN PU`UKAPU HOMESTEADS, FROM THE TRUSTEES OF THE RICHARD SMART REVOCABLE PERSONAL 'TRUST, TAX MAP KEY (3)6-4-01-042 (PORTION), TO THE COUNTY OF HAWAII. WHEREAS, the Trustees of the Richard Smart Revocable Personal Trust, are the developers of the Pu`ukapu Homesteads, and the owners of Roadway Lot A, along with three drywells within the said road lot, located in Waimea, South Kohala, Hawaii, specifically identified as Tax Map Key (3)6-4-01-042 (portion), being more particularly described in the attached dedication deed (Exhibit A) and delineated on Exhibit B attached hereto; and WHEREAS, the Trustees of the Richard Smart Revocable Personal Trust, the developer, have constructed all subdivision improvements and received final subdivision approval; and WHEREAS, the Trustees of the Richard Smart Revocable Personal Trust is desirous of dedicating the subject road lot, along with three drywalls within said road lot, 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; BE IT FURTHER RESOLVED BY THE COUNCII. 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 and drywells described in the attached dedication deed (Exhibit A) and more specifically identified as Tax Map Key (3)6-4-01-042, including all improvements thereon, for public road and drainage purposes. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Riley Smith, Parker Ranch, P. O. Box 458, Kamuela, Hawaii 96743; (2) Wendelin L. Campbell, Campbell & Campbell, 65-1235 Opelo Road, #A5, Kamuela, Hawaii 96743; (3) Department of Public Works; and (4) Gerald Takase, Assistant Corporation Counsel. DATED: Hilo, Hawaii, September 12, 2001 INTRODUCED BY: ~ ! , e~ ~1~ r COYfiN IL ME ER, OUN Y OF H ~ AI'I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CxUNG vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF the County of Hawaii on September 12, 2001 JACOBSON X LEITHEAD-TODD ATTEST: PISICCHIO X ~ SAFARIK X TYLER YAGONG X Reference C - 3 9.2 / PLJ& IRC -19 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~ (Draft 2 ) LAND COURT SYSTEM REGULAR SYSTEM Return by : Mail (X) Pickup To: Campbell & Campbell Attorneys at Law 65-1235A Opelo Road, Suite 5 Kamuela, Hawaii 96743 Title of Docugnent: DEDICATION DEED GRANTOR: MELVIN B. HEWETT and CARL ARTHUR CARLSON, JR., TRUSTEES OF THE RICHARD SMART REVQCABLE PERSONAL TRUST, by Trust Agreement dated August 3,1978 whose mailing address is P.O. Box 458, Kamuela, Hawaii 96743 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 TMK 3rd Div. 6-4-1:42 (Portion) ~ . ~ ~ _ . Ld DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS THAT, MELVIN B. HEWETT and CARL ARTHUR CARLSON, JR., TRUSTEES OF THE RICHARD SMART REVOCABLE PERSONAL TRUST, by Trust Agreement dated August 3, 1978 having all powers under said trust agreement, including full power to sell, convey, exchange, mortgage, lease, assign or otherwise deal with and dispose of all lands of the trust estate and interests therein, whose mailing address is P.O. Box 458, Kamuela, Hawaii 96743, hereinafter collectively 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 Sate 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 real property more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto. TO HAVE AND TO HOLD the same unto the said Grantee, its legal successors and assigns, in fee simple forever. 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 shown in Exhibit "A", 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. IN WITNESS WHEREOF the said Grantor has caused this instrument to be duly executed on this day of 1999. THE RICHARD SMART REVOCABLE PERSONAL TRUST, by Trust Agreement dated August 3,1978 APPROVED AS TO ~'y FORM AMID LEGALITY: MELVIN B. HEWETT, Trustee G~;Gc~e DEP CORPORATION COUNSEL CO TY OF HAWAII Date ~a~8 CARL ARTHUR CARLSON, JR. ,Trustee "Grantor" STATE OF I-IAVVAII SS. COUNTY OF I~AWAII On this 15th day of January. 1999, before me, Kacx Boteilho, a notary public, personally appeared Melvin Hewett and Carl Arthur Carlson Jr., Trustees of the Richard Smart Revocable Personal Trust, by Trust Agreement dated August 3, 1978, recorded in Liber 13394 at Page 755, as amended, to me known to be the persons described in and who executed the foregoing instrument, and severally acknowledged that they executed the same as their free act and deed as said Trustees Witness my hand and seal. L.S. Notary P lic, State of ~Iawaii Print Name KQ O (~Q~/ My commission expires 11 / 1 /O1 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2000, before me personally appeared HARRY 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 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 KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Signature Print or type name Notary Public, State of Hawaii My Commission Expires: . I~7I' A LAND SI'I'fJATED ON THE NORTfiEEtLY SIDE OF ~IOA HIGHWAY AT PUUKAPU, 'A, SOUIgi KOHALA, ISLAND OF HAWAII, HAWAII BEING PORTIONS OF GRANT 4564 'I'O R~~ANAANA AND GRANT 4834 TO KAHOOHANOHANO BEING, ALSO, PORTIONS OF IATS 48 AND 49 OF PUUKAPU HON~'STEADS, FIRST SERIFS Beginning at a 1/2-inch pipe at the Southeasterly corner of this parcel of land, on the Northerly side of Ma7nalahoa Highway, the coordinates of which referred to Goverrmiex?t Survey Triangulation Station OfWF.ST BASE°1 being 193.42 feet South and 2, 225.93 feet Fast and running by azimuths measured clockwise from True South: 1. 70° 21' 110.00 feet along the Northerly side of Mamalahoa Highway to a 1/2-inch pipe; 2. 160° 21' 10.00 feet along the remainder of Grant 4834 to Kahoohanohano to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 3. 205° 21' 42.43 feet, to a 1/2-inch pipe, thence; 4. 160° 21' 30.40 feet along the remainder of Grant 4834 to Kahoohanohano to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 275.00 feet, the chord azimuth and distance being: 5. 154° 44' 53.83 feet, to a 1/2-inch pipe, thence; 6. 149° 07' 270.30 feet along the remainder of Grant 4834 to Kahoohanohano, to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kataoohanohano, on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 7. 160° 51' 30" 132.28 feet, to a 1/2-inch pipe, thence; 8. 172° 36' 126.20 feet along the remainder of Grant 4834 to Kahoohanohano, to a 1/2-inch pipe; thence along the remainders of Grant 4834 to Kahooraanohano and Grant 4564 to Kaanaana, on a curve to the left with a radius of 275.00 feet, the chord azimuth and distance being: 9. 160° 51' 30" 111.93 feet, to a 1/2-inch pipe; thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 10. 129° 03' 25.5" 27.44 feet, to a 1/2-inch pipe; thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 11. 239° 07' 68.82 feet, to a 1/2-inch pipe; thence along the remainder of Grant 4564 to Kaanaana, on a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being: 12. 349° 10' 34.5" 27.44 feet, to a 1/2-inch pipe; thence along the remainder of Grant 4564 to Kaanaana, on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 13. 340° 51' 30" 132.28 feet, to a 1/2-inch pipe, thence; 14. 352° 36' 126.20 feet along the remainders of Grant 4564 to Kaanaana and Grant 4834 to Kahoohanohano, to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 275.00 feet, the chord azimuth and distance being: 15. 340° 51' 30" 111.93 feet, to a 1/2-inch pipe, thence; 16. 329° 07' 270.30 feet along the remainder of Grant 4834 to Kahoohanohano, to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 17. 334° 44' 63.62 feet, to a 1/2-inch pipe, thence; 18. 340° 21' 30.40 feet along the remainder of Grant 4834 to Kahoohanohano, to a 1/2-inch pipe; thence along the remainder of Grant 4834 to Kahoohanohano, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 19. 295° 21' 42.43 feet, to a 1/2-inch pipe, thence; 20. 340° 21' 10.00 feet along the remainder of Grant 4834 to Kahoohanohano to the point of beginning and containing an area of 1.070 acre. TE~Q®~ Description Prepared By: i.iC~=fi1~'~1~ F'Fsc.+ ~_s;•'_,;;?~tlSl ENGINE~~2S SURVEYORS HAWAII, INC. 1 ~~t.iTi,~/++.,~~ ~~~1, Q,• J S. Terada 900 Halekauwila Street ~~411 t~~' 'tensed Professional Land Surveyor Honolulu, Hawaii 96814 Certificate Number 5080 February 5, 1999 95!125 SUBJECT HOWEVER TO THE FOLLOWING: 1. The terms and provisions, including tZe Failure to comply with ar~y covenants, ~eonditions at~d reservations, contained in the following: ZI~ISTRUI~4ENT : FF~ DWELLING AGREfi~4EN'T~. DATED Jaauary 6, 195 RECORQ fiber 161.71 Page 771 P1~RTZES RIC~ARQ S1~ART TRQST dba. PARIZER RANCI; and the PLAI~1IT~t'a DEPAE'rST OF° ~$E CO~JNTY OF HA~IAII GRAN TQ R®HERT L. DENS3 DATED Septeffiber 9. 1996 ~tECORDED D®cum~nt No. 96-132064 I~ an alternative perpetual access easement over, up®tt, through, ~e.ross Grantor's Other band. as cieseribQd h~~eirt~ 3- Claims arising out oP customary and tzaditional rights and practices, including without limc.tatic~;n those exercised for subsistence, cultural, religious, acc~:ss or gathering psarposes, as prodded for iR the Sawa;::. Constitution ®r the Hawaii Revised Statutes. Lot 56 EXHIBIT "B" ~r,~. ~ '~.e+ ~ ' ~~9U o ~ ,r~ t Q = ~,o ~ S~' o ~ ~ 5~ cor ~ ~ o ~ C cor 2 ' 0 o ~ 0 0 o _ .C - o c ~ o ~ssEMENr s /a o ~ 0«nrnr Pompom ~o ~ ~ o - o cr ~ o EAS~MeNr a /a • ~ ~earr»r Purposes . c ~ LOT ,3 ~g ~ o ~ O ~ 1 W~ -h. ~ t ~ LOT 4 i ~ ~ ~ ~ EASEMENT 7 /or £kcbicvl Purposes ~ ~ ~ n ~ ~O i ~ ~ h - ~ ~ ~ •..i , / EASEMENT 6 /or ~ C ~ ~fkrfricio/ Purposes ~ ~ ~ I~ L ' ' ~ I `7' ti.. ~ I --t-CEASEAfENT C I m • o EAS~NT ~ ~ 1 LOr 5 fl~®ICATI®N ~®~ATI~N ~1A~ ' c ° PUllIG4PU, DYAId~lE~, SUFI X~G1LA I~AlVO ~ l~419~A//, HA6YAll svnr - ~ ~ ~ Tt~ BE 1E~: l~o®d L.ot A ®long arith thr~ ~ ~ I tors ~ry~lls ~ithir~ rated lot ~ ~ ~ ~ - - - - ~ TDPE' OF RQgD: 50-1 ado right-of goy, A.~ . ~ _ _ _ - t h gr~~d ~iiorelrl~ _ arod steles s asrr ~ ~ LE7V~! 0~ RL~10.~ feet (0. f 6 rrsr7e) _ ~ , ; AIO Of' L®T,~ 6 lots ~Mf~ly,~y ~ ~ TAX ,aAAP ICED: 6-4-01: 42 ~xuu a sYaevErn~s ra+w~vt ava ~