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Home My WebLink AboutRES 141 Draft 02 2000-2002 I~IESOLU'~'I010T NO. ~ Draft 2 RESOLUTION ACCEPTING THE DEDICATION OF A 5-FOOT ROAD WIDENING SECTION WITH ROAD AND DRAINAGE IMPROVEMENTS FROM FIRST HAWAIIAN BANK, TRUSTEE OF THE WILLIAM V. BRILHANTE SELF-DIRECTED IRA UNDER AGREEMENT DATED FEBRUARY 16, 1995, SITUATE AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, TAX MAP KEY (3)2-2-035:091 (POR.), TO THE COUNTY OF HAWAII. WHEREAS, FIRST HAWAIIAN BANK, Trustee of the William V. Brilhante Self- Directed IRA under Agreement dated February 16, 1995, is the owner of a 5-foot road widening section located in Waiakea, South Hilo, Hawaii, specifically identified as Tax Map Key (3)2-2-035:091 (Por.), being more particularly described in the attached dedication deed (Exhibit "A") and delineated on Exhibit "B" attached hereto; and WHEREAS, FIRST HAWAIIAN BANK, Trustee of the William V. Brilhante Self- Directed IRA under Agreement dated February 16, 1995 was required to provide and dedicate said 5-foot road widening section to the County of Hawaii at no cost to the County, pursuant to condition F of Ordinance No. 97-147; and WHEREAS, FIRST HAWAIIAN BANK, Trustee of the William V. Brilhante Self- Directed IRA under Agreement dated February 16, 1995 has constructed all required subdivision improvements and received final subdivision approval; and WHEREAS, FIRST HAWAIIAN BANK; Trustee of the William V. Brilhante Self- Directed IRA under Agreement dated February 16, 1995 is desirous of dedicating the subject road widening section 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. 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 I-Iawai`i accepts the real property in the attached dedication deed (Exhibit "A") and more specifically identified as Tax Map Key (3)2-2-035:091 (Por.), including all improvements thereon, for public road and drainage purposes. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Brilhante-Hawaii, Inc., 132 Kilauea Avenue, Hilo, HI 96720; (2) Department of Public Works; and (3) Ivan M. Torigoe, Deputy Corporation Counsel. DATED: November 21, 2001 INTRODUCED BY: CIL M B R, COUNTY OF H ~WAI`I COUNTY COUNCIL ROLL CALL VOTF. County of Hawaii AYES NOES ABS EX H110, Hawal`1 ARAKAKI X CHUNG X 1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF X The vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON X County of Iaawai`i on November 21, 2001 LEITHEAD-TODD PISICCHIO X ATTEST: SAFARIK TYLER X YAGONG 9 0 0 0 Reference: C - 4 0 3.2 CO TY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. (Draft; 2) LA101D COURT SYSTEM; REGULAR SYSTEIO~ Return by: MAIL (X) P[CKUP ( ) TO: COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL HILO LAGOON CEiVTItE 101 AUPiJNl STREET, SUITE 325 HILO, HI 96780 Total pages: TITLE OF DOCUMENT: DEDICATIOlm1 DEED PARTIES TO DOCUMENT: GRA1oTTOR: FIRS'1C f1A~~AIIIA,N BANK, Trtastee of the Williaata V. Rriltaaaste Selff Directed IAtA under agreesat dated Febratary 16,1995, whose mailing address is c/®1342 Kilaeaea Avenue, Kilo, Ha~saii 96720 GltAletTEE: COUNTY OF RAWAII , a atatanicipal corporation duly existing under, pursuant to and by virtue of the laws of flee State of 1-Iawaii, whose principal place of business and mailing address is 2~ Aeapuni Street, Ril®, Ra®vasi 96720 TAX MAP KEY (3) 2-2-®35:091 PKK/4-5-1 1~ " ~•-~fDi l~i?IC~~,~O1~T 1~EED KNOW ALL MEN EY THESE PRESENTS: That F'IlftS'T ;~ItlWAIIAPT IsAN)[~, Trustee of tlac ~'Villiarn V. ~rilleante Self-Dir~tesf I>EtA a~nder agreement dated February 16,1995, whose mailing address is 1342 Kilauea Avea~are, Milo, Iiawaii 967213, hereinafter called the "Grantor",pursuant to Ordinance No. 97-147 of the County of 1-lawaii, for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration to the Grantor paid by the COIJNI'I' OF IEIAWAII, a municipal c®rporatiomm 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, mil®, Il[avvaii 95`720, hereinafter called the "Grantee", the receipt of which is acknowledged, remises, releases and quitclaims unto the Grantee, the property described in Exhibit A attached hereto. AND the reversions, remainders, rents, issues and profits and all of the estate, right, title and interest of the Grantor, both at law and in equity, in and to the property. TO HAVE AND TO HOLD the same unto the said Grantee, its legal successors and assigns, in fee simple forever. This instrument and the covenants of the Grantor shall be binding upon the Grantor and inure to the benefit of the Grantee. The terms "Grantor" and "Grantee" as and when used herein, or any pronouns used in place thereof, shall mean and include the singular. or plural number, individuals, partnerships, trustees and corporations, and each of their respective heirs, personal representatives, successors and assigns. All covenants and obligations undertaken by two or more persons shall be deemed to be ,joint and several unless a contrary intention is clearly expressed herein. The parties agree that this instrument maybe executed in counterparts, each of which shall be deemed an original, and the counterparts shall together constitute one and the same instrument, 2 binding all parties notwithstanding that all of the parties are not signatory to the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discazded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly executed on this 11th day of APRIL , 200 ] . FIRST 1IAWAIIAN BANK By cL~ °'C~' ItS ROCHEB.LEL. WRIG63T a C~ ~y Its Trustee of tl~e William V. Brillaante Self Directed IItA under agreement dated February 16, 1995 GRANTOR APPROVED AS TO FORM: Deputy Corporation Counsel, County of Hawaii Dated: 3 STATE OF HAWAII } CITY & ) ss. COUNTY OF ~J~u HONOLULU ) On this 11th day of APRIL , 2001, before me personally appeared G~//t`' she ~s Rochelle L. 6n~ri~ht 1 I / / / / / / / / / L / _/_L, who did say that they{c~the F~l ov~~ t~~~~,.ts Officer ~¢cy / / / I /Ill / / / / / I / / / / / 1 / / ,respectively, of FIRST HAWAIIAN DANK, Trasstee of the Williaaat V. DrilF~ante Self Directed IItA uaader agree~nemmt dated February 16, 1995, to me known (or proved to me on the basis of satisfactory evidence) to be the persons described in and who executed the foregoing instrument, and acknowledged to me that they executed the same as the free act and deed of said corporation as said Trustee. i'JJ ~ / r Notary Public, State of Hawaii ~ ~ ~ My commission expires: C~~ ~n• r~`'1 4 EXIII~I'I' "A" LOT 16-A Subdivision of a portion of Lot 16, Block 1G Grant 11,555 to Charles C. Cross 68AIAKFsA HaQSH LOTS, FYRST SBEtIBS 4~aiakea, South Kilo, Hawaii, Hawaii Beginning at a point at the southwest corner of this parcel of land being also the southeast corner of the remainder of Lot 16, Grant 11,555 and on the northerly side of Hualani Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "H~Ed~I" ~aeing 923.00 feet South and 10,957.25 feet Hast and running by azimuths measured clackwiae from tru@ South: 1. 180° 00' 5.00 feet along the remainder of Lot 16, Grant 11,555; 2. 270° 00' 105.25 feet along Lot 16-8 to a point at the westerly side of Kanoelehua Street; 3. 360° 00' 5.00 feet along the westerly aide of Kanoelehua Street; 4. 90° 00' 105.25 feet along the northerly aide of fiualani Street to the point of beginning aaad containing an ar®a of 526 Square feet. E~1II QF E%I~ IJ~. 7C "A?' . 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