HomeMy WebLinkAboutRES 107 Draft 02 2000-2002 COUNTY O~ I3AW.I`I T`ATE OF ~IAWAI`I
I~SOLUTI01~11e10. U°~ 0~
(Draft 2)
RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOT B OF
KA`AUHUHU HOMESTEADS, KA`AUHUHU, NORTH KOHALA, FROM ALBERT
TEBO; MAYEDEL GAY HILL; DALE ANTHONY DA SILVA; GERANE DELL
MANGIN; AND LYNDA LORETTE LARSEN, TAX MAP KEYS (3) 5-5-002:12 AND
115, TO THE COUNTY OF HAWAII.
WHEREAS, Albert Tebo; Mayedel Gay Hill; Dale Anthony Da Silva; Gerane Dell
Mangin and Lynda Lorette Larsen, are the owners of Road Lot B located in Ka`auhuhu
Homesteads, being a portion of the consolidation and resubdivision of Lot 58 and Parcel
A-1 being also a portion of Grant 10,443 to Antone Silva and a portion of Grant 10,978 to
Antone Silva, Ka`auhuhu, North Kohala, Island of Hawaii, Hawaii, specifically
identified as Tax Map Keys (3) 5-5-002:012 and 115, being more particularly described
in the dedication deed attached as Exhibit "A" and delineated on Exhibit "B" attached
hereto; and
WHEREAS, Albert Tebo; Mayedel Gay Hill; Dale Anthony Da Silva; Gerane Dell
Mangin and Lynda Lorette Larsen have constructed all subdivision improvements and
received final subdivision approval; and
WHEREAS, Albert Tebo; Mayedel Gay Hill; Dale Anthony Da Silva; Gerane Dell
Mangin and Lynda Lorette Larsen are 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 dedication deed attached as Exhibit "A" and
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more specifically identified as Tax Map Key (3) 5-5-002:012 and 115, 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) Thomas Yeh, Esq., (2) William Takaba, Director of Finance and (3)
Ivan M. Torigoe, Deputy Corporation Counsel.
Dated: Hilo, Hawaii, September 25 , 2001
INT UCED BY:
~ ~ ~
COUNCIL MEMBE , COUN OF HAW
S:1RES0\ kaauhuhu homestead 7-01 IMTch.wpd
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 x
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF
the County ofHawai`i on September 25 , 2001 JACOBSON x
LEITHEAD-TODD
ATTEST:
PISICCHIO
SAFARIK
TYLER
YAGONG
8 0 1 0
Reference ~-288.1/P-PW&IRC -20
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,
~ (Draft 2)
COUNTY CLERK CHAIRIVI~.~T & PRESIDING OFFICER RESOLUTION NO.
LAND COURT REGULAR SYSTEM
AFTER RECORDATION, RETURN BY: MAIL (X) PICK-UP ( )
County of Hawaii
Office of the Corporation Counsel
101 Aupuni Street, Ste. 325
Hilo, Hawaii 96720
DEDICATION DEED
THIS DEED, made this day of , 2001, by
ALBERT TEBO, Personal Representative of the Estate of MARILYN JOY TEBO,
Deceased, whose residence and mailing address is 5097 N. East Shafer Road,
Monticello, Indiana 47960, MAYEDEL GAY HILL, wife of Kenneth Hill, whose
residence and mailing address is 42 Wyomissing Boulevard, Wyomissing, Pennsylvania
19610, DALE ANTHONY DA SILVA, husband of Karen Da Silva, whose residence
and mailing address is 1817 North Lima Street, Burbank, California 91505,
GERANE DELL MANGIN, wife of Harold Mangin, whose residence and mailing
Ifi,,~~
r
/ ~i Y f ~
address is 208 Christy Road, Savannah, Georgia 31410, and LYNDA LORETTE
LARSEN, wife of Carl Larsen, whose mailing address is 14867 Wolfgang Road,
Truckee, California 96161, hereinafter collectively called the "Grantor", and the
COUNTY OF HAWAII, a municipal corporation, whose principal place of business and
post office 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 of which is hereby acknowledged, the
Grantor does hereby grant, dedicate and convey unto the Grantee, its successors and
assigns, forever, the real property described in Exhibit "A", attached hereto and by
reference made a part hereof.
TOGETHER with the reversions, remainders, rents, issues and profits thereof, and
all rights, easements, privileges and appurtenances thereunto belonging or appertaining,
and all of the estate, right, title and interest of the Grantor, both at law and in equity,
therein and thereto.
TO HAVE AND TO HOLD the same, unto the Grantee, for the purpose of
roadway and related uses, forever.
AND, in consideration of the premises, the Grantor does hereby covenant with the
Grantee that the Grantor is seised 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
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specifically be set forth; that the Grantor has good right to sell and convey said property,
as 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 inure 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.
The term "Grantor" and "Grantee," as and when used herein, or any pronouns used
in place thereof, shall mean and include the masculine or feminine, the singular or plural
number, individuals or corporations, and their and each of their respective successors,
heirs, personal representatives and assigns, according to the context thereof. If these
presents shall be signed by two or more grantors, all covenants of such parties shall for
all purposes be joint and several.
This Agreement may be executed in several counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the Grantor has executed these presents on the day and
year first above written.
ALERT EEO, MAYEDEL GAY HILL
Personal Representative of the
Estate of Marilyn Joy Tebo, Deceased
DALE ANTHONY DA SILVA GERANE DELL MANGIN
LYNDA LORETTE LARSEN
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IN WITNESS WHEREOF, the Grantor has executed these presents on the day and
year first above written.
ALBERT TEBO, MAYEDEL AY MILL
Personal Representative of the
Estate of Marilyn Joy Tebo, Deceased
DALE ANTIJONY DA SILVA GERANE DELL MANGIN
LYNDA LORETTE LARSEN
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IN WITNESS WHEREOF, the Grantor has executed these presents on the day and
year first above written.
ALBERT TEBO, MAYEDEL GAY HILL
Personal Representative of the
Estate of Marilyn Joy Tebo, Deceased
DALE ANTHON DA SILVA GERANE DELL MANGIN
LYNDA LORETTE LARSEN
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IN WITNESS WHEREOF, the Grantor has executed these presents on the day and
year first above written.
ALBERT TEBO, MAYEDEL GAY I-IILL
Personal Representative of the
Estate of Marilyn Joy Tebo, Deceased
. ~:ai1..r
DALE ANTIIONY DA SILVA ~ GERANE DELL MANGIN
LYNDA LORETTE LARSEN
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IN WITNESS WHEREOF, the Grantor has executed these presents on the day and
year first above written.
ALBERT TEBO, MAYEDEL GAY HILL
Personal Representative of the
Estate of Marilyn Joy Tebo, Deceased
DALE ANTHONY DA SILVA GERANE DELL MANGIN
t
L ~ DA LORETTE LARSEN
~4-
STATE OF INDIANA )
ss.
COUNTY OF ~ t.1Q,ivLC~, )
On this day of JJ , 2001, before me personally appeared
ALBERT TEBO, Personal Representative of The Estate of Marilyn Joy Tebo. Deceased, duly
authorized by that certain Letters Testamentary filed on March 19, 2001 in P. No. 01-1-0043,
Third Circuit Court, State of Hawaii, to me known (or who has proven to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing instrument,
and who acknowledged that he executed the same as his free act and deed as said Personal
Representative of said Estate.
(N~ota/ry' signature)
~ I + O ~ 1
(Type/Print clearly notary's name)
Notary Public, State of ~JQ~C.~J
[Seal) _
My commission expires: ~ ,
STATE OF PENNSYLVANIA )
ss.
COUNTY OF )
On this day of , 2001, before me
personally appeared MAYEDEL GAY MILL, to me known (or who has proven to me
on the basis of satisfactory evidence) to be the person described in and who executed the
foregoing document, and who acknowledged that she executed the same as her free act
and deed.
(Notary's signature)
(Type/Print clearly notary's name)
Notary Public, State of
[Seal)
My commission expires:
-5-
STATE OF INDIANA )
ss.
COUNTY OF )
On this day of , 2001, before me personally appeared
ALBERT TEBO, Personal Representative of The Estate of Marilxn Joao, Deceased, duly
authorized by that certain Letters Testamentary filed on March 19, 2001 in P. No. 01-1-0043,
Third Circuit Court, State of Hawaii, to me known (or who has proven to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing instrument,
and who acknowledged that he executed the same as his free act and deed as said Personal
Representative of said Estate.
(Notary's signature)
(Type/Print clearly notary's name)
Notary Public, State of
[Seal)
My commission expires:
STATE OF PENNSYLVANIA )
ss.
COUNTY OF ~ `~„~(S )
On this day of }~-QIL-t ~ , 2001, before me
personally appeared MAYEDEL GAY DILL, to me known (or who has proven to me
on the basis of satisfactory evidence) to be the person described in and who executed the
foregoing document, and who acknowledged that she executed the same as her free act
and deed.
t_inda I_.. I~:~diof;, P•;r~tary Public ~ r
Sinking Spring i3~;:; t'nrks County o ary's signature)
Poly Commi~;~~uu~~ F;~r~~res Apr. 16, 2004- ;
, ~ Ll ~l~~r~- al.~ ill n Lf~~
(Type/Print clearly notary's name
Notary Public, State of
[Seal]
My commission expires: , -~U(J y
-5-
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
/-o~
On this 4 ~ day of ~ l L- , 2001, before me
personally appeared DALE ANTIIONY DA SILVA, to me known (or who has proven
to me on the basis of satisfactory evidence) to be the person described in and who
executed the foregoing document, and who acknowledged that he executed the same as
his free act and deed.
JOHN J. MINOGUE ~
Comnafsston # 1249339
No4cs;y Put.ik: ~ CatiPcxnla ~ (N 's signat e
l.QS FJ1~IC~S CUUfl9y _
nAycom~. r~aq, 2LU9 l~i1~ ~ ~ M (,~d(r=t~~.
(Type/Print clearly notary's name)
Notary Public, State of -ls<4/LoUI~-
[Seal]
My commission expires: Z - ZQ 4 ~
STATE OF GEORGIA )
ss.
COUNTY OF )
On this day of , 2001, before me
personally appeared GEItANE DELL MANGIN, to me known (or who has proven to
me on the basis of satisfactory evidence) to be the person described in and who executed
the foregoing document, and who acknowledged that she executed the same as her free
act and deed.
(Notary's signature)
(Type/Print clearly notary's name)
Notary Public, State of
[Seal)
My commission expires:
-6-
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On this day of , 2001, before me
personally appeared DALE ANTIIONY DA SILVA, to me known (or who has proven
to me on the basis of satisfactory evidence) to be the person described in and who
executed the foregoing document, and who acknowledged that he executed the same as
his free act and deed.
(Notary's signature)
(Type/Print clearly notary's name)
Notary Public, State of
[Seal)
My commission expires:
STATE OF GEORGIA w ' / )
C+ ~ W ) ss.
COUNTY OF )
On this ~ ~~'1 day of j'1 ~ , 2001, before me
personally appeared GEIIANE DELL ANGIN, to me known (or who has proven to
me on the basis of satisfactory evidence) to be the person described in and who executed
the foregoing document, and who acknowledged tha the executed the same as her free
act and deed.
l~ ~ h '
(No s signature)
(Type/Print clearly notary's name)
Notary Public, State of
Seal] s w~~ 2t, ~r~~.=
My commission expires:
-6-
STATE OF CALIFORNIA )
) ss.
COUNTY OF ~t.! C~~~ )
On this ~ ~ day of ~ ~ , 2001, before me
personally appeared LYNDA LORETTE LARSEN, to me known (or who has proven
to me on the basis of satisfactory evidence) to be the person described in and who
executed the foregoing document, and who acknowledged that she executed the same as
her free act and deed.
~,°"~„~,°d,,~ ~ ~
cn CORE C. p4tNgppE~' (Notary's signature)
~ . ~ d - C~mrt~. fl 4 25986 ~ I
r,; worARr PURIIC~CAItFQ({phA ~ l.~C ~ C nCA PP~
'~vAUA cauMTr c~ ~
~rCOA4~;gXpIgFSNtsr5,2~4 (Type/Print clearly notary's name)
Notary Public, State of ~ ' C~/ Vt-
~SealJ
My commission expires: ~~C~~
-7-
ROAD I,OT B
(Kaauhuhu R®ad Widening)
Being a Portion of the Consolidation and Resubdivision of Lot 58 and Parcel A-1
Being also a Portion of Grant 10,443 to Antone Silva
And a Portion of Grant 10,978 to Antone Silva
Kaauhuhu Homesteads
Kaauhuhu, North Kohala, Island of Hawaii, Hawaii
Beginning at the northwesterly comer of this road lot, and on the south side of Kaauhuhu
Road, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PUU-O-NALE", being 9,782.71 feet North and 4,636.77 feet
East, thence running by azimuths measured clockwise from True South:
1. 279° 26' 382.90 feet along Kaauhuhu Road;
2. 288 ° OS' 322.49 feet along Kaauhuhu Road;
3. 105 ° 30' 110.93 feet along Parcel 3;
4. 108 ° OS' 110.00 feet along Road Lot A;
5. 18 ° OS' 3.00 feet along Parcel 2;
6. 108 ° OS' 13.50 feet along Parcel 2;
7. 198 ° OS' 3.00 feet along Parcel 2;
8. 108 ° OS' 87.80 feet along Parcel 2;
9. 99 ° 26' 3 87.24 feet along Parcel 2 and Parcel 1;
10. 232 ° 48' 6.88 feet along Kaauhuhu Road to the point of
beginning and containing an area of
0.076 Acre, more or less.
~,XHI~IT` "A"
Being a portion of the land conveyed by the following:
WARRANTY DEED
Grantor: DALE DA SILVA and RUBY S. ISAACS, Co-Trustees of
the Therese Da Silva Trust dated April 13, 1993
Grantee: MARILYN JOY TEBO, wife of Albert Tebo, MAYEDEL
GAY HILL, wife of Kenneth Hill, DALE ANTHONY
DA SILVA, husband of Karen Da Silva, GERANE DELL
MANGIN ,wife of Harold Mangin, and LYNDA LORETTE
LARSEN, wife of Carl Larsen, as Tenants in Common
Dated: February 16, 1996
Document No.: 96-032674
SUBJECT~HOVVEVEIZ, to the following:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Covenants, conditions, restrictions, reservations, agreements, obligations,
exceptions and other provisions as contained in the following:
LAND PATENT GRANT NUMBER 10,443
but omitting any covenants or restrictions, if any, based upon race, color, religion,
sex, handicap, familial status or national origin unless and only to the extent that
said covenant (a) is exempt under Chapter 42, Section 3607 of the United States
Code or (b) relates to handicap but does not discriminate against handicapped
persons.
3. Claims arising out of customary or traditional rights and practices, including,
without limitation, those exercised for subsistence, cultural, religious, access or
gathering purposes as provided for in the Hawaii Constitution or the Hawaii
Revised Statutes, as amended.
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®edication location Map
Kaauhuhu Road Widening (Condition I-~. -Change of done Ordinance 96-74)
To be Dedicated: Road Lot S
Type of Road: 10-Ft. Road Widening Parcel
Area to be Dedicated: 3311 Sq. Ft. (0.076 Acre)
Approximate Length: 650 Feet
No. of Lots to be Dedicated: 1
Original Tax Map Key: 5-5-02: 012 ~r
• ~ ~ I