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Home My WebLink AboutRES 142 Draft 01 2000-2002 ~ESO~u~rlo~ ~o. o RESOLUTION ACCEPTING THE DEDICATION OF 10-FOOT ROAD WIDENING PARCELS WITH ROADWAY AND DRAINAGE IMPROVEMENTS FROM H. SHIROMA, INC., SITUATE AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, TAX MAP KEYS (3)2-2-39: PORTIONS OF 66, 67, 68 AND 69, TO THE COUNTY OF HAWAII. WHEREAS, H. SHIROMA, INC., a Hawaii corporation, is the owner of 10-foot road widening parcels, located in Waiakea, South Hilo, Hawaii, specifically identified as Tax Map Keys (3)2-2-39: Portions of 66, 67, 68 and 69, being more particularly described in the attached dedication deed (Exhibit "A") and delineated on Exhibit "B" attached hereto; and WHEREAS, H. SHIROMA, INC. has constructed all required subdivision improvements and received final subdivision approval; and WHEREAS, H. SHIROMA, INC. is desirous of dedicating the subject road widening parcels, including all subdivision improvements thereon, to the County of Hawai` i 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 COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Section 23-1d 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 Keys (3)2-2-39: Portions of 66, 67, 68 and 69, including all improvements thereon, for public road and drainage purposes. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Crudele, De Lima & Shiroma, 10l Aupuni Street, PH 1014A, Hilo, Hawaii 96720; (2) Department of Public Works; and (3) Ivan M. Torigoe, Deputy Corporation Counsel. DATED: NcwPmher 21 7~0 INTRODUCED BY: CO IL ME ER, OLIN Y OF H~ AI`I s:\ded\HShiroma\reso 10-OIIMTfc 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 CH[ ING X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on November 2 Z , 2001 JACOBSON X LEITHEAD-TODD X ATTEST: _ PISICCHIO X ~ SAFARIK X TYLER YAGONG 9 0 0 0 Reference C- 4 U 4 /PW & IRC - 3 2 o COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: Grantor: H. SHIROMA, INC., a Hawaii corporation; Grantee: COUNTY OF HAWAII, a municipal corporation, whose address is 25 Aupuni Street, Hilo, Hawaii 96720. Affects: TMK (3rd) 2-2-39: Por. 66, 67, 68 and 69. This document contains ~ pages. rkn\land\deeds\hshiroma 1 DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: THIS DEED, made this~~day of , 2001, by H. SHIROMA, INC., a Hawaii corporation, whose address is 25 East Puainako Street, Hilo, Hawaii 96720, 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 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 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 a public street or highway, forever. AND, in consideration of tiie 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 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. rkn\land\deeds\hshiroma 2 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. Tl~e terms "Grantor" acid "Grantee," as and when used herein, or any pronouns used in place thereof, s}~all 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. IN WITNESS WHEREOF, the Grantor has executed these presents on the day and year first above written. H. SHIROMA, INC. Brian H. Shiroma Its President c~ D~.-- By. ~ h 6v~~ Thomas T. Shiroma Its Secretary/Treasurer APPROVED AS TO FORM: Deputy Corporation Counsel County of Hawaii Dated: rkn\land\deeds\hshiroma 3 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) Oil this C3~ day of (,G~ca , 2001, before me personally appeared BRIAN H. SH[ROMA, to me pets lly known, who, being by me duly sworn, did say that lie is the President of H. SHIROMA, INC.; and that the seal affixed to the instrument is the corporate seal of said corporation, and that the instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged the instrument to be his free act and deed of said corporation. I)e C- ' ~ Notary Public, State of Hawaii / My commission expires: ~~1OZ602~ STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 2001, before me personally appeared THOMAS T. SHIROMA, to me p sonally known, who, being by me duly sworn, did say that he is the Secretary/Treasurer of H. SHIROMA, INC.; and that the seal affixed to -the instrument is the corporate seal of said corporation, and that the instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged the instrument to be his free act and deed of said corporation. 1JvIY1Ssi-/LeV S Notary Public, State of Hawaii My commission expires: CXoIO~~L ~y EXHIBIT "A" FIRST LOT B (Road•riay widening purposes) Being a portion of Grant 9507 to Joaquin Zacheus Jeremiah (Lot 12, Block 401 cf Waiakea Homestead House Lots) 6~aiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the southeast corner of this parcel of land, also being the southwest corner of Lot A on the northern side of Puainako Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 7,773.20 feet south and 10,272.56 feet east and running by azimuths measured clockwise from true south: Following along Puainako Street on a curve to the right with a radius of 1,223.74 feet, the chord azimuth and distance being: 1. 72° 19' 45" 10.28 feet; 2. 175° 40' 302.62 feet along Kekela Street; 3. 265° 90' 10.00 feet along the remainder of Grant 9507 to Joaquin Zacheus Jeremiah; 4. 355° 90' 300.23 feet along Lot A to the point of beginning and containing an area of 3,015 Sq. Ft. ~ LICENSED ~ PRO~~S.:IONAL ~ L;,'. J SJnVcYO~ ''•4 RO NEY KAWAMURA t•;o. X371 ~ . 'yy,. _w Licensed Professional Land Surveyor ~ r Certificate No. 2671 November 25, 1998 HILO ENGINEERING, INC. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3RD Div. 2-2-39:Portion 66 and Portion 6`7° SECOND ROADWAY LOT (Roadway widening purposes) Being a portion of Grant 9507 to Joaquin Zacheus Jeremiah (Lot 12, Bloc}: 401 of Waiakea Homestead House Lots) Waiakea, South Hilo, Island of Hawaii, Hawaii Beginning at the southwest corner of this parcel of land, also being the southeast corner of Lot 1-A on the northerly side of Puainako Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 7,790.70 feet south and 10,213.71 feet east and running by azimuths measured clockwise from true south: 1. 175° 40' 246.52 feet along Lot 1-A and Lot 3-A; 2. 265° 40' 10.00 feet along Lot 5-A; 3. 355° 40' 244.57 feet along Kekela Street; Thence along Puainako Street on a curve to the right with a radius of 1,223.79 feet, the chord azimuth and distance being: q. 74° 38' 29" 10.19 feet to the point of beginning and containing an area of 2,455 Sq. Ft. M . Kq ~q~ ~ LICENSED G ~ PROFESSIONAL Y LAND ~ r;uavEYOR R DNE M . KAWAMURA No. 2671 Licensed Professional Land Surveyor yq~,~~il US?'~ Certificate No. 2671 September 24, 1999 HILO ENGINEERING, INC. 489 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3RD Div. 2-2-39:Portion 68 and Portion 69 TRUE h'DR~ tINS 0 FT Lo~i~ '.a" w w a SLOT "B K E K E L A S T R E E T R DW OA AY LOT! ? s?; o x LOT 3-A LOT 1-A d z ~ ~ a. LEGEND: ROADWAY L0T~10 FT. WIDE DEDICATION LOCATION MAP GINGER PATCH C~NT~R WAIAKEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII TO BE DEDICATED: "LOT B" and "ROADWAY LOT" TYPE OF- ROAD: 10-Ft Wide Road Widening Parcels LENGTH OF ROAD: LOT B = 302 L.F.; ROADWAY LOT = 246 L.F. TAX MAP KEY: 2-2-39: Por. 66, 67, 68, & 69 ~f~