HomeMy WebLinkAboutCOM 0403.001 2000-2002 JNt Y C6 h,~
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~~`I=`%-~~ Lincoln S.T. Ashida
Harry Kim i'
Mayer Cnrnnrufinn Caun.re(
(Uerald Takase
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~ Ac.rictunr Cnrporalion Cuunse!
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OFFICE OF TIIE CORPORATION COUNSEL
101 Aupuni Street. Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622
November 7, 2001
Honorable James Arakaki, Chairman and Members ` ~
Hawaii County Council
25 Aupuni Street . _ R.,~~
Hilo Hawaii 96720
Dear Chairman Arakaki and Council Members: ,
RE: Dedication Deed -First Hawaiian Bank, Trustee
Tax Map Key (3) 2-2-035:091(por.}
This is in response to Councilman Curtis Tyler's questions regarding the
referenced Dedication Deed being in quitclaim instead of warranty form. As Mr. William
Brilhante testified, the trustee is not in a position to give the usual title warranties. As one
legal reference states:
A trustee cannot be required to make any covenant in his deed,
except one against encumbrances arising from his own act, unless he has
agreed to do so in the contract of sale. The purchaser must be content with
a quitclaim deed, with this exception, unless he has contracted for
warranties or covenants. Any covenant or warranty which the trustee
makes in the deed will bind him personally and render him liable in
damages .
Bogert, Trusts and Trustees, Section 745. The Hawaii Conveyance Manual, Page
4K-10, recognizes these principles as well. This office's policy has been to require title
insurance covering the County in such cases.
Mr. Brilhante has agreed to obtain such title insurance covering the County for this
property, which he represents has clear title. His own activity in building a new
warehouse on the property also testifies to the quality of the title.
+
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Honorable James Arakaki, Chairman and Members
November 6, 2001
Page 2
Title insurance appears to be the County's best protection in cases such as this. By
copy of this letter to Mr. Brilhante we formally request that he obtain title insurance
warranting the title to the subject property and covering the County's interests.
We will inform the Council when we have obtained proof of said title insurance,
and will provide the Council with a copy of the Dedication Deed approved as to form and
legality. Thank you.
Sincerely,
IVAN M. TO GOE
Deputy Corporation Counsel
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cc: Mr. William Brilhante via facsimile
s:lded\fhblltr to council re FHB-Brilhante Title Ins 11-OlIMTfc