HomeMy WebLinkAboutCOM 0404.001 2000-2002 O
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~ • ~ Lincoln S.T. Ashida
Harry Kim ~ • i
Mayor Cnrpnruhnn Counsel
s °`1•-~ , +~erit'}d Takase
~9tE'pp NP'M~ 1'.est etttni-Ciu~orutiun Gnuise!
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OFFICE OF TI~IE CORPORATION COUNSEL " _
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (fy1~6 ~~~2 i_. ~ i ;i =.~`yl,r';~~
November 8, 2001
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Dedication Deed, H. Shiroma, Inc. (Comm. 404)
Tax Map Key (3) 2-2-035:091 (Por.)
Dear Chairman Arakaki and Council Members:
This is in response to Councilman Tyler's questions regarding the referenced
Dedication Deed.
1. The "revised copy of the dedication location map" referred to in Mr. Dennis
K.W. Lee's October 11, 2001 memorandum is the Exhibit "B" attached to the Draft
Resolution for acceptance of the Dedication Deed which we submitted to you.
2. The prior rezoning ordinance which required the subject dedication is
Ordinance No. 96-156, a copy of which is enclosed. Condition G of said ordinance
provides:
The 10-foot future road widening section of Kekela Street shall be
improved, meeting with the approval of the Department of Public Works
prior to issuance of a Certificate of Occupancy for any development on the
subject properties. The 10-foot future road widening section fronting the
subject properties including its improvements, and the 10-foot future road
widening section fronting the property on the western side of Kekela Street,
shall be subdivided and dedicated to the County of Hawaii within five (5)
years from the effective date of this ordinance.
fort '~d~ •
~1~ R~
~e#,
~f, t~~
Honorable James Arakaki,
Chairman and Members
November 8, 2001
Page 2
3. Enclosed is a copy of the Dedication Deed approved by counsel.
Please contact the undersigned should you require further information. The
Grantor would appreciate your further timely cooperation to enable compliance with the
dedication deadline set forth in the Ordinance. Thank you.
Sincerely,
IVAN M. TORIG
Deputy Corporation Counsel
IMT:fc
Enclosures
s:\ded\Itr to Council re H. Shiroma 11-OIIMTfc
.
NOV-07-2001 WED 10 53 Ahl CofH County Cferk Office FAX N0, 808 961 8912 P. O1
~ ~~r
~II.I~ 10T®. 363
(D~f~
3}
®IZI~IleT~l1VGE ImT®.
AN ORDINANCE AMENDING SEC7'lON 25-114 (CITY OF IIIL.®ZONIa MAP),
ARTICLE 3, CI~APT~R 25 (Z®NT1eTG CORE) OF 'T kIA~1VAiI COUNTY CODE, I3Y
CHANGING TIDE DISTlt1CT CI.ASS~iCATI®N FROM Sil@1ClL~ FAMILY 1~SII)ENTIAi~
(1t5-10) TO NEIGi~®~IOOD CO CIAI. (C1~~10) AT VVA.IAI~EA, Sd i~ili.O,
II.A'~/Aii, COVEI~D BY TAX MAl' KEY 2-2-39:66 AND E7.
BE IT OItDAIN1:0 BY T~iT~ COUNCIL OF THE COUNTY ®F i~AV6tAiI:
SECTION 1. Section 25-114, Article 3, Chaptcr 25 (Zoniaag Code) of the iiawaii Comity
Code, is ~acnded to change 4hc dasttict classifasation of property described h~icaafter a.s
follows:
The district classificati®n of the follova?ing area sita~ted at ~aiakea, South i'lilo,
l~avvaii, shall be Neighborhood Corcuneresal (CN-10):
~egirsning at the southwest cormea~ of pascal of land, also beiztg the ~rtheast
comer of the isater~ction of Iinako Street ~d Kekela Street, the c~ s of acid
point of begisnoi~g arld referred ~ Govnt Samrey Tri t~sa Stab®n ° I"
being 7,777.06 fit s®utli mad 10,356.20 feet east end 11 by aaaths ataeasored
clocke~ise from true south:
1. 175° 40' QO" 302.b2 fit along the east side of Kckel~ Street;
2. 265° 40° 00" 200.02 feet alorgg the remainder of Grant 9507 to
Joagtain Zacbeus J 'ah;
3. 355° 40' 00" 237.20 feet along flee rcaraaipder of Grant 9507 to
J®aq~ ~acheus J~nalah;
NOV-07-2001 WED 10 53 AM CofH County Clerk Office FAX N0, 808 961 8912
P, 02
4. Thence along the north side of Ptaainako Street oc? a curare to the right with a
radius of 1,223.74 fit, tihc chord a~Ctiuth ~d distance being:
67° 33' 14" 210.45 feet to the point of begmnacag arad coaxtaining
aln area of 54`523 sgtaare feet. (Refer to
Exhibit "A-")
AlI as shown on the snap attached hereto, a3aarked Exhibit "A" and by refereaacc
,made a P~ hereof.
SECTION 2. These charges in district classification are conditioned upon the foiioving:
A. 'The a~pplieant, its successors or assigns shall be responsible for complying dvith ali
of the stated coatditiotas of approval,
E. 1'he applicaaat, its successors or ~ssigeas shall submit daily water usage calculations
and the rewired water coa7faEYaitYnent paytnecat to the Depacttxaeaxt of ~/ater Supply
isa accordance ~arith its "V6'ater Coaitrsaent 1Policy" ~vit3ain 90 days frown the
effective date ofthis ordinance.
C. final Consoliidati®c~ Approve[ of the subject pr+~perties shall be secetred frown t[ac
P[ar9ning 1irector within one (1) y~ ~oata the e~'ective daft ofthis ordinauce.
D, Coaistructivaa of the proposed development aced related improvements withiaa the
subject propcatacs sl~li be eotatpletsd ~+it~i taus (5) yes fcoaaa the e#~eetive date
of this os~diaBaaice. This bane period shall include the ce of P'anal Plan
Approval frown the Planning Director for the eoatatlaereaal deve[vpnictat. Plains
shall identify struetuaes, fire protection aaaeasures, paved patlcitag stalls seed
driveway and other ic><Aprovernents associated with the proposed uses. Plans shall
include a 6-foot wide landscaping Buffer along flu northern property bouaadarles
of the subject property aced a l0~foot futuro Todd ~videning strap along Kekela
Street frosatiag the subject pmpertics.
NOU-07-2001 WED 10 54 AM CofN County Clerk Office FAX N0, 808 961 $912 P, 03
E. The b-foot wide landscaping buffer along the entire aorthea~ property boundaries
of the subject properties shall be in place in conj~ction with any cotas~ctioat for
any development on the subject properties, for the p~uposes of mitigating easy
potential adverse noise atad visas! impacts to adjoining parcels.
F. Prior to issuance of a Certificate of Occupancy for any development within the
subject properties, the agrplicant shall:
1. Construct a 42-foot wide pavement within a 60-foot wide right-of-
way along ICckels 54reet, front the lPuainako Street intersection to
' the northean boundary of the gsroperty designated as 'i'.lvi.)lG,
2-2-39:69, artd trte~g with the requireffiea8ts and approval of the
I)epaatancnt of Public i~orlts;
2. Construct concrete curb, gutter and sidevdatk irraprovernertts
fronting the subject properties meeting with the requirements artd
approval of the Acpartarsent of Public Works;
3. Constnact mid-black intersection and roadv?~y impaovctments
witlaial the Puaitaako Sot right-of-vaay beets ~Caatoclehua
Avenue grad Kilauea Sheet meeting v~ith the requigeatrer?es atad
approval of the l9cparttttertt of ~`rarA.Sporkatio~-I-Iighvsrays Division;
4. Provide an ingress access only from K,artoeiehua Atvcrt~ to the
subject properties ttteeting with the requirements sued approval of
the Dcpaatment of Traa~sportation-highways Dlvisiost.
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NOV-07-2001 WED 10;54 AM CofH County Clerk Office FAX N0. B08 961 8912 P, 04
G, The 10-foot future road wid~ing sectiozt of Kckela Stmt shall be improved,
meeting with the approval of the Department of Public V6/orks prior to issuaxLCe of
a Certificate of Occupancy for any developpnettt on the subject properties. The
10-foot future road widca9ing section prorating the subject properties including its
improvements, and the l0~foot future road wideating section fronting the property
on ehe western side of ICekela Street, shall lse subdivided and dedicated to the
County of lE€awaii within frve (5) years from the effective date of this ordinance.
fi. Prior to the submittal of plans for Plan Approval review, the applicant shall
substtit for t~eview and approval a revised Traffic Yinpact Analyses Report (T1.AR)
to the State I9epairtment of Transportation, lFlighevays Division in order to ensure
that the proposed improvements within Puaineko Street will adequately ~nitsgate
tra~ac impacts of the development. The tr~ic study shall include ateaiysis of the
Kanoelchua Avenue acid YCilauea Avenue intersections for operatiotaal problems
which Ynay affect the proposed intersection irnprovenxents. Prior to flee isseaance
of the certiffcate of oc~?pancy for any portion of ttae subject properties, ttoe
applicant shall ~ respoa~sible for c®r~structit~g atad/ot payitag for Its pro rata share
of intersection improvements at the itttersections of K.anoelehua AvenuelFuainako
Street and Kilauea Streetll'uaiRakoSfreet abject to the traffic Ynitigation
measures required by the Traffic lnepact Astalysis Report for the subject
properties. The pro rata share dctercainatioa and implementation shall be
approved by the Pla~rtg Yairoctor in consultation ~vtth the State l~paatrtaent of
Transportation, fifighvvays Divisionand/or I~epar~ent of Public `V~Iorks.
I, A Solid waste Niaaaageanent Plan for the subject property shall be submitted for
review and approval to the Departnaen4 of Public Works in cot unction with the
submittal of plan approval to the Plaxaning Director,
-4-
NOV-07-2001 WED 10 54 Ah) CofH County Clerk Office FAX N0. 608 961 8912 P, 05
d. Wastewater disposal shall meet with the requirements of the Department of Public
Works.
K. Should the Council adopt a Unified Iffipact-Fees Ordinaa:ce setting forth criteria
for itnposition of exactions or the assesstnen4 of Impact fees, coasd"atioos included
herein shall be credited towards flit requireataents of the Unified Impact Fee
Ordinance.
L. An initial extension of time for the performatacc of conditions ~arithin the
ordinance may be granted by the Flannlga~ Director upon the follovviaag
circutnstancds:
1. The non-perfoetnance is the result of conditions that could not have been
foreseen or are lseyond the csntrol of the applicaatts, successors or assigns,
and that are not the result of their fault or negligence,
2. Granting of the time extension vvottld not be contaary to the 4~era1 Plan
or Zoning Code.
3. Granting of the time extension aurould not be cont=argr to the original
reasons for the geanting of the change of zone.
4, 'I°he time extension granted shall be for a period mot to exceed the period
originally graaated for performance (i.e., a condition to be perfoetncd
within one year may be exunded for ~ to one additiotaal year).
M. Should any of the conditions not be tact or substantially complied with in a timely
fashion, the Director tnay initiate rezoning of the area to its original or pnore
appropriate designation.
-S-
NOV-07-2001 WED 10 54 AM CofH County Clerk Office FAX N0. 808 961 8912 P, 06
SECTION 3. In tht event that any portion of this ordiiaaa~ce is declared invalid, such
invalidiey shall not affect the other parts of this ordinance.
SECTION 4. °I°his ordinance shall talcc cffect upon its ~proval.
INTRODUCED ~Y;
O IL MEIV~ER, COUNTY OF ;fiAVVAII
Hilo, T-lawaii
Datc of Introduction: I1o~v.~ 6, 1996
Datc of 1st Reading: 6, 1996
Date of 2t~d Reading; I~civemt~ 21, 1996
Effective Date: 83ecex 5, 1996
APPROVED AS TO FORM AMID LEGALITY
DEPUTY CORPORATION COLINSEI
DaTEI7; !!/ZG _ _
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NOV-07-2001 WED 10 55 AM CofH County Clerk Office FAX N0, 808 961 8912 P. 07
ML-10 J
O O~' MG-I~
RS•10 L 2 J
x5-10
~ZREE7
G~ !
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ML•20 O f °j
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1 ti
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S~ZG ~ I ~ ~ ~i
rs-!o !
f j ~
~ ~ f t ~i
° ~ CG•40
O ;
SINGLE FAMILY
RESBDENTIAL (RS-to)
° TO NE$GH~ORHOOD
C01lAfERCl~,l, (CN-10)
AREA: sa,szs sa. ~r.
~ es-!o `
~ ° to-ao
PUAINAKO STR££7
RS !O CN•10 ~ CN-10
Z [S-!0 ~ R3.10
N-I ~ ~
v ~
7,777.06 5 ~
CN I0 10,358.20 Q ~ PAIPA! b°T
z
Y
¢5-1o Kra
g C~~r.~ ~
~ ~ ,<s-1o
ItS-10 GN-!O R3-10
AoMENC~MNT fi~ T~ ®NIN~ G~~
AINENDING SECTION 25-114 (CITY OF HILO ZONE ~tAP) ARTICLE 3, CHAPTER 25 (ZONING
CODE) OF THE NA4NAll COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FRO~d
SINGLE FAMILY RESIDENTIAL (RS°-10) TO NEIGHBORHOOD CO~lNERCIAL (CN--10) AT
WAIAKEA, SOUTH KILO, HA~YAII,
PREPARED 9Y ; PLANNING DEPARTMENT
couNTV o~ NAwplr
7wIK 2-2-39: 66 6c 67 AUGUST 7, 1996
Ex~e1611' «A.. c~N co~~s~
_ _
NOV-07-2001 WED 10;55 AM CofH County Clerk Office FAX N0. 808 961 8912 P, 08
Cocutty of Hawaii
Hilo . ,~roati ~ • . .
J rn
' ~G C=~~ ~ i'il
- ~ Roza v~
Iatttoducr~iBy: °i`aDcask~ > o ~ , AXES ' 1~to~ Ass Fx
QateIatroduced: Novi 6, 1996 Ada
First Reading: Lvov 6. 199b ~ X
Published: N/A ~ K
RF.I~tAR1rcS: Ooh x
4~fezx'~ back to PC - 11/06/96 ®s~eio x
v~ ~ ~ x
~ x
5 4 p p
• (DRA~r 3 )
It®tI. G1I.I. V~'i°~
S~ond Reasiing: 1V'avetnb~r 21 1 96 AYIES N®~ ASS EX
~e May®s: No• ~5, 1996
Recurpted: ~ x
F,€fective: Dec~nbe~ 5 1996 ~Y x
i'ublished ~cr 13, 1996 C't,llds R
~ X
REMARKS: ~ X
Oe~sla g
x
~ X
Smith X
' 9 0 0 0
I DD dI1:R~Y ~FlZ4'IFY that the foregof~g 13II,L was adopted by the Cotanty Corwrsci! atad pssbllshed as
ir8di~gted aba`~e.
~ [1m9AN
COUWTY CL~KK
A`?yroved/ ad this ~ day
cf _ ~c~.smo. l yt 19
®R, CoCXN'fY F 'WAIL Bil! N®.: 363 (Drd~t 3 )
C-1440
Ord Na.:
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\deedslhshiroma 1
DEDICATION DEED
KNOW ALL MEN BY THESE PRESENTS:
THIS DEED, made this ~~day ofS~W, 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 Strcet, Hilo, Hawaii 96720, hereinafter called the "Grantee,"
WITNESSETH:
Tliat 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 tl~e 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 acid 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 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
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.
rknlland\deedsUuhiroma 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.
The terms "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,
i~ldividuals or corporations, and their and each of their respective successors, heirs, personal
representatives atxi assigns, according to tine 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.
By: .~-ti
Brian H. Shiroma
Its President
~
By: n r~
Thomas T. Shiroma
Its Secretary/Treasurer
APPROVED AS TO FORM:
Deputy orporati Counsel
County of Hawaii
Dated: !/-O'~"-D~
rkn\land\deeds\hshiroma 3
.
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
S¢
On this day of r~ , 2001, before me personally appeared
BRIAN H. SHIROMA, to me per Wally known, who, being by me duly sworn, did say that he is
the President of H. SHIROMA, INC.; and that the seal affixed to the instrument is the corporate
seal of said corporatioc~, 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.
L r ~ I3e1l~EI~I.®
Notary Public, State of Hawaii
My commission expires: l~~IOL~D,Z..
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this ~n 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 t11e 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 b1~~- ~ d ~~rx~c.°
Notary Public, State of Hawaii
My commission expires: Q6lOzl ~
EXHIBIT "A"
FIRST
LOT B
(Road~Nay widening purpcses)
Being a portion of Grar.t 9507 to Joaquin Zacheus Jerer;iiah
(Lot 12, Block 401 cf Waiakea Hcmestead House Lots)
6~7aiakea, 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° 40' 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.
y
c7 ucer~sso ~
v ~
pRpr=cS.:IONAL ~
SUnV c'f O~
RO NEY KAWAMURA
'y.~,. v- Licensed Professional Land Surveyor
~ 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~~
SECOND
ROADWAY LOT
(Roadway widening purposes)
Being a portion of Grant 9507 to Joaquin Zacheus Jeremiah
(Lot 12, Block 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' 299.57 feet along Kekela Street;
Thence along Puainako Street on a curve to the right with a
radius of 1,223.74 feet, the chord azimuth and distance being:
4. 74° 38' 29" 10.19 feet to the point of beginning
and containing an area of
2,455 Sq. Ft.
~ LJCENSED ~G
~ PROfESS10NAL D
LAND
~ SURVEYOR R DNE M . KAWAMURA
No. 2671 ~ Licensed Professional Land Surveyor
y°4`,j,~'~, ~5?'~ 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