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HomeMy WebLinkAboutCOM 0487.001 2000-2002 ~®119VTY 9i~?lOV~4II ~~~~~M~~ ~ R~R~C~ ~~~~~~fiI~N A~puni Sf:ree#, itooon 21A B-ii@o, t~avvaii 3672® _ _ Phone (~®13) 961-311 Fax ~~.,~I9E'1~17~: ~ M~ - - _ ..a DATE: July 23, 2001 TO: Councilmember C}~rtis Tyler FROM: Pat Engelhard~~ SUBJECT: Alae Cemetery Improvements OCE Enclosed per the request of Megan Mitchell this morning are the documents you requested. They are: 1) A copy of the April 5, 1993 agreement between Mayor Yamashiro and Clifford Dodo 2) A copy of the August 9, 2001 letter from Mitchell Dodo to Mayor Kim 3) A copy of Resolution No. 35-93 accepting the deeded parcel to the County of Hawaii. If the information is not complete, perhaps your staff will be able to research anything else you need. 4) A memo from Corporation Counsel Craig Masada advising that the parcel has been conveyed to the County of Hawaii. Megan also asked for a copy of the October 15, 2001 memo from me to the Mayor. What follows is a synopsis of what was said in that memo. F r y "I met with c~v~al staff m~em, bPr~ on Se~~ember 6,_2001 with Mike McCall of the Real Property Tax Office. The assessed value of the 12 600 s care foot pro ert is $34 00. r. Dodo thinks it should be valued at based on the number of plots that could be sold i eac plot was .That value would be $250 X 325 plots = $81,250. Mr. McCall thought that 210 plots would be reasonable at 6'X10' to give ample space between the plots. That would value the property at $250 X 210 m $52,500. Splitting the difference of $28,750 would give a value of $66,875. Mr. Dodo proposed, in order of his preference, the following resolutions to the County of Hawaii having borrowed the land from Dodo Mortuary Inc. 1) Land adjoining Dodo Mortuary at Clem Akina Park, 2) Trading of other County lands in Hilo or Kona, 3) County purchasing the land at Alae Cemetery or 4) County returning the same square footage when a land swap with Bishop Estate can be arranged. Resolution 1) The land adjoining Dodo Mortuary is Clem Akina Park and is owned by a California family who have been leasing the park to the County for $1 per year. There is also a drainage culvert easement next to the Dodo Mortuary. This would not be a good land swap. Resolution 2) Kona lands should not be considered for a Hilo cemetery. Resolution 3) We may be able to buy Dodo Mortuary out but at a value almost twice the assessed value if we use $66,875, as noted at the end of the first paragraph. Resolution 4) We could give Dodo Mortuary a 12,600 square foot piece of the Bishop Estate land adjoining Alae Cemetery when and if we are able to negotiate that exchange. Since that land is not yet acquired, I would recommend that if we are able to buy out Dodo Mortuary, we should do so. Otherwise, we should go ahead with a land trade when we are able to acquire the Bishop Estate land next door. I told Mr. Dodo we would have a proposal for them by the end of October, 2001. I hope that gives you enough time." Cornr~. No, . File No. Ref. To: kef. Date ~ ` ~~#~7 Jet Y'OF h',+1. GO.' Stephen K. Yamashiro ~ George Yoshida Mayor `Y• Director t~E.oF,H^y~ ILIT~.IXi~~ IY~ ~%~2Xt~ DEPARTMENT OF PARKS AND RECREATION 25 Aupuni Street, Room 210 Hilo, Hawaii 96720.4252 (SOS) 961.8311 April 20, 1993 Mr. Clifford H. Dodo Dodo Mortuary, Inc. 199 Wainaku Ave. Hilo, HI 96720 Subject: Alae Cemetery Land Exchange Agreement Enclosed foi° your files is an executed copy of the Land Exchange Agreement. Should you have any questions, please call me at 961-8311. Thank you. George Yoshida DIRECTOR cc: G. Miyao Enc. AGREEMENT ~ l THIS AG EEMENT, made and entered into this day of , 1993, by and between the COUNTY OF HAWAII, a municipal corporation duly organized and existing under the laws of the State of Hawaii, by Stephen K. Yamashiro, its Mayor, hereinafter referred to as "County," and DODO MORTUARY, INC., a Hawaii corporation, by Clifford H. Dodo, its vice-president, hereinafter referred to as "Dodo," W I T N E S S E T H• WHEREAS, the County is the owner of that certain area of land known as Alae Cemetery, said area of land being more particularly described in Exhibit "A," attached hereto and made a part hereof; and WHEREAS, as part of its cemetery expansion project, the County is; in the process of acquiring from Bishop Estate those y certain areas of land adjacent to and mauka of Alae Cemetery, said areas of land to be specifically designated at a future date and to consist of not less than ten (10) acres, and hereinafter referred to as "Parcel 'A and WHEREAS, despite the proposed expansion, the County is still in immediate need of .additional. lands to satisfy the current demand for plots; and WHEREAS, Dodo is the owner of that certain area of land situated within Alae Cemetery, said area of land being more particularly described in Exhibit "B," attached hereto and made a part hereof, and hereinafter referred to as "Lot 'B and WHEREAS, the County is desirous of acquiring Lot "B" from Dodo; and WHEREAS, Dodo is willing to transfer its ownership in Lot "B" to the County in exchange for a parcel of equal size within the proposed expansion area (Parcel "A"). NOW, THEREFORE, in consideration of the covenants made each to the other as herein set forth, the parties agree as follows; 1. Exchange of Lands. Dodo shall transfer to the County its title to Lot "B." Said transfer shall be effected by warranty deed and shall be executed~by Dodo no later than July 1, 1993. In exchange, the County shall, upon its acquisition of Parcel "A," transfer an area, of equal size to that of Lot "B," within said parcel, to Dodo. 2. Right to Select. Dodo shall be apprised of the location of all roadways within the proposed expansion area and .y shall be given the right to select the area of land to be transferred to it by the County. 3. Grant of Easement. The County shall grant to Dodo a non-exclusive easement over all roadways within the cemetery area, including those within the proposed expansion area. Such grant shall be contingent upon authorization from the Hawaii County Council. 4. 'Fair Market Value.j In the event that the County is unable to secure title to Parcel "A," the parties shall negotiate a mutually agreeable price for Lot "B." If the parties are -2- unable to agree on a price, theCounty shall pay Dodo_ a sum_ e_~al to the fa__Rir maxket,~value of the property as_ of. the date _~~f transfer. Such payment shall be contingent upon the appropriation of funds by the Hawaii County Council. 5. Amendments. The parties may by mutual agreement amend or modify this agreement; provided, however, that no such amendment or modification shall•be effective unless set forth in a writing duly executed by the parties. 6. Binding Agreement. This agreement is binding upon and shall inure to the benefit of the parties hereto and their respective successors. IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year first above written. RECOMMEND APPROVAL: COUNTY OF HAWAII l By GEOR YOS FDA, Director S HEN K. AMASHIRO Dept. of Parks & Recreation Its Mayor r' / ~ APP~tOVAL A5 TO FORM AND DO1~0 1~~idAR1', ZNC. ' GAL Y : / ~ \ _ • CLIFF ~2I~ DODO ~ Deputy C rporation unsel Its Vice.-president -3- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this, day of f~,l?~"~~ 19 before me appeared CLIFFORD H. DODO, to me personally known, who, being by me duly sworn, did say that he is the Vice-President of DODO MORTUARY, INC., a Hawaii corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and the said CLIFFORD H. DODO acknowledged said instrument to be the free act and deed of said corporation. Notary Public, State of Hawaii My commission expires: %~!!~~-c,~ STATE OF HAWAII ) SS. COUNTY OF HAWAIT ) On this. ISM' day of ~Y~f , 19~_, before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5~1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. y Notary Public, to e of Hawaii My commission expires: ~ L•S. r , DESCRIPTION OF ALAS CE7{3iI'ERY Being a portion of R.P. 41,75, L.C. Ax. 7713, Apana 19 to V. Kamamalu Alga, South Hilo, Haxaii Beginning at the Southeasterly cornor of this parcol of land, on the West side of Haxaii Bolt Road, tho coordinates of said point of beginning referred to Government Survoy Triangulation Station "Haaheo", being 2290.86 feet North and 529.77 Poet West and running by azimuths measured clockxise Srom.Truo South: Thence along the top of bank of Waiaoa Stream for the next four (4) couroos, tho diroct azimuths and distances being: 1. 103 ° 37' 38.11, foot; 2. 81° 26' 153.34 feet; 3• 96' 22' 409.70 feet; 4. 104' 15' 294.45 feet; 5• 147° 02~ 585.16 feet along remainder of R.P. 4475, L.C. Aw. 7713, Ap. 19 to V. Kamatnalu; 6. 252' 00 207.02 feet along same; 7.`'' 257° 49' 990.03 feet along South side of a 30.00 feat aide Government Road Right- of-Way; Thence along the Westerly aide of Haxaii Belt Road, on a 1,814.40 feot radius curve to the Tight, the direct chord azimuth and distance being: 8• 352° 41e' ls" 64s.7o rest; 9. 3' 02~ 217.81, feet along the Westerly side of Haxaii Belt Road; 10. 93° 02' 35.00 feat along a 3og on the Westerly lido of Hawaii Belt Road; A 11. 3• 02~ 8.73 feet along the Woatorly aide of Nawdii Beit Road to th© point of beginning and containing a CId~SS AREA of lfl.ll9 ACRES, and a t~T AREA of 17.818 ACRES, after excepting and excluding thorofrom a parcel oxnod by Richard H. Dodo (Tax Map Koyr 2~ 6-12:43 (0.301 ACRES)). Department of Pub11c Worka Buroau of Plane and Survoye County of Hawaii Hilo, Hawaii April 18, 1975 THK: 2-6-12:10 & per. 18 ,l 1 D E S C R I F' T I O N LOT D Being a portion of AltiQ Cemetery Lot, being also a portion of R.P. 4475, L.C. Aw. 7713, Apana 19 to V. Kamamalu Alae, South Hilo, Hawaii beginning at the southwest corner of this parcel of land, the coordinates of said point of beginning referred Co Government Survey Triangulation Station "HAAHEO" being 2481.19 feet Norih and 1377.G0 feet West, thence rvruiing by azifiuths measured clockwise from Tn~e South 1. 147° 02' 120.00 feet along the remainder of Alae Cemetery I.ot, being also a portion of R.P. 4475, L.C. Aw. 7713, Apana 19 to V. Kainamalu ; 2. 237° 02' 105.00 feet along same; 3. 327° 02' 120.00 feet along same; 4. S'/° 02' 105.00 feet along same to the point of begiruting and containing an area of 12,G00 square feet or 0.289 acre. .y DL•'PAR~MENT OF PUBLIC WORKS DUkGAU OF PLANS & SURVEYS COUNTY~OF HAWAII Dy ~ Hilo, Hawaii September 23, 1975 T1~9C: 2-6-12: 10 - II ~ 4OJNtV GF N~~9i ~ Stephen K. Yamashiro . .1 C,eorge Yoshida Mayor Director ~E Oii Hp`t+~ ~.~lYXi~~J ZI~ .~C~~%tt DEPARTMENT OP PARKS AND RECREATION 25 Aupuni Street, Room 210 • Hilo, Hawaii 96720.4252 (80S) 961-8311 August 5, 1993 .Dodo Mortuary, Inc. 199 Wainaku St. Hilo, HI 96720 Subject: One Dollar ($1.00) ~'AYMENT PER ATTACHED WARRANTY DEED Enclosed is a check for $1.00 per the attached Warranty Deed. Thank you. t G rg Yoshida DIRECTOR Enc. t.t;~•U i.Ut£t:lfsi.+Y, lri€(:. ~ai~~.aku 5t. ~Fi.lo, HI 9672U T'a: of xarks Kecreatiar.. 25 4u}~ua~i ~ t . Gila, F%I 9b72U ~s ~e~r ~~r~e~.~~t , p~~€~~t frame tie :aunty of ~~a~ ii far real far®g~rty, ~ ~sartiesat saf ~ln~ C~~t~ry Lat ~.s ~d~:a~rfl~~d to L~aa. ~3a. 93-1(3f~tt3p Stater of k~~~ii ~ur~au of Coaa~r~~taa~~~~ (roc®rdad Ju~.~ 23, 1993). 7.UU . R-846 STATE Off' HAWA.T I ~ BURr~AU OF CONVEYANCES RECORDED JUN 23, 1983 10:30 AM Doc No(s) 93-100430 / s / S . FIJRUKAB~tA REGISTRAR 01~' CONVEYANCE S1 CONVEYANCE TAX: $0.00 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 PrAP.RAP7TY DEED KNOW ALL MEN BY THESE PRESENTS: That DODO MORTUARY, INC., a Hawaii corporation, whose principal place of business and mailing address is 199 Wainaku Street, Hilo, Hawaii 96720-2398, hereinafter called the "Grantor," for and in consideration of the sum of ONE DOLLAR (1.00) and other valuable consideration to it paid by the COUNTY~~~ ~ OF HAWAII, a municipal corporation, whose principal place of , ~ business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee," the receipt of which is hereby acknowledged, does hereby grant, dedicate and convey unto the Grantee, its successors ano. assigns, forev°r; the real property described in Exhibit "A" attached hereto and made a part hereof. 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, individuals or corporations, and their and each of their respective successors, heirs, _rersonaJ. represe~ltatives u: '3 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, t/h/e Grantor has executed these presents y2~ on this .~U day of 1993. DOD RTU ~ ~dC'- . By ~J~_\"E ~ - ~ P ~ D;'P,S .T FORM : \~{f Deputy Co porati n Counsel Date: -3- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of ~ 19_, before me appeared CLIFFORD H. DODO, to me personally known, who, being by me duly sworn, did say that he is the Vice-President of DODO MORTUARY, INC., a Hawaii corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors; and the said CLIFFORD H. DODO acknowledged said instrument to be the free act and deed of said corporation. t. Notary Public, State of fiawaii My commission expires: ~-';~~-~f • f D E S C R I i' T I O N LOT D Doing a portion of AlnQ Cctnetcry Lot, being also a portion of R.P. 4475, L.C. Aw. 7713, Apana 19 to V. Kamamalu Alae, South H11o, Hawaii • Deginning at Uie southwest corner of This pai.~cel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAAHEO" being 2481.19 feet North and 1377.60 feet West, thence running by azimuths measured clockwise from True South: 1. 147° 02' 120.00 feet along the remainder of Alae Cemetery Lot, being also a portion of R.P. 4475, L.C. Aw. 7713, Apana 19 to V. Kamamalu; 2. 237° 02' 105.00 feet along same; 3. 327° 02' 120.00 feet along same; 4. 57° 02' 105.00 feet along same to the point of • beginning and containing an area of 12,600 square feet or 0.289 acre. L' DEPARUIENT OF PUBLIC WORKS BUREAU OF PLANS & SURVEYS COUNTY~OF HAWAII Hilo, Hawaii September 23, 1975 TMK: 2-6-12: 10 ~ ~ a~ T i ' f 1~~ T+: ~'1 ~y ~j7i ~1 p .:-~;~._~i4~~ .t1~.f._~Il tCv i:n•-L~~-~ y y ~''-~-L'•~t~6 :-~~.,...~-.-~..=~.m--.,....n,..a.s.~.,~..,,-~..~...~._.`--~sc~_,._a _~.,-,_~..~-~-~R-.-.~._,_-_~-,.r.-.s.,.~-~.-...._.«~.a--.-.s..T...~.-ter... _ _ tag '~%d~inalcu ~a_reea ^ r?ixa, 11a~vaai °6726-~~~c t ~~3~'.Rl~: (~0~~ ~yi-~?53. ~a~: (~Oo) 9:~5-?Q7~1 August 9, 2001 Mr. Harry Kim, Mayor County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mayor Kim: In reference to a recent newspaper article concerning the Alae Cemetery in Hilo, which was published in the August 8, 2001 edition of the Hawaii Tribune-Herald, the on-going land exchange situation our firm has with the County of Hawaii was again brought to our attention. The numerous and on-going "land exchanges" within the Alae Cemetery, which our company has accommodated the County of Hawaii with, and with no resolve to date, requires the utmost attention on your behalf. To recap the situation, my great-grandfather, Mitsugoro Dodo, purchased a land area of 12;600 square feet in the Alae Cemetery on May 16, 1939- This was an ideal location situated near the current pavilion area, under the large Banyan tree. Our company held on to this undeveloped land until May 22, 1975, when then mayor Herbert T. Matayoshi, signed into an agreement with my grandfather, Richard M. Dodo, to exchange this parcel of land for another of equal size within the current "Section I" area of the cemetery (see enclosed map) to accommodate the County in facing the nearing shortage of burial plots in Alae Cemetery at that time. The actual "Warranty Deed" for this exchange was issued on May 8, 1978 (see enclosed documentation). On April 5, 1993, my father, Clifford H. Dodo, signed into a "Land Exchange Agreement" to again accommodate the County in the shortage of burial space at Alae Cemetery ~~~~:ng'•~~t~ .~~r .:~~~~gan~r'~ lar~d`i~ ~x~h~t~ge T~.r ~ parcpE ~zf equa9 ~~~eF _~rt~en:~t ~a~ca~e .~~r~ll~~IS ~~<`fi1~ ~r~~;y~~~i ~:x~SQtstoi~ ~rr~~ a~£ i~Ia;~;~,~~rr:e€~r~~;: Iodate, eight years after the initial agreement took place, this has not yet come to fruition. The recent article in the Hawaii Tribune-Herald served as a reminder of what Dodo Mortuary, Inc. has been promised by the County of Hawaii, but has not yet received. After concurring with other members of our staff we have come to a point in time where we feel promises need to be fulfilled. What I am a cin~ of you is to put~,,.~.n end tQ this exchan~in~nroperties which has taken place for the past 26 years by delivering on the promise of your predecessors and issuing our company a parcel of land, of equal size to those previously exchanged, in the Alae Cemetery, or another parcel of our choice, owned by~~iifi't~+-a#~-lawaii. Tli second de see fit as a resolution to this on-going situation would be the plirrhasP nf~~ 12 60, square toot parcel of property by the County of Hawaii, payable to ,tom-.~,~...m.-a-.~-~-.~_ _ _ _ _ _ -.~.~a.-T~._... _...._ll. ,~T- ~ . ~.._..-..,-~a-.w.~=_„-.~...,~.1 ? 99 4?a~nal,.~ S~r.,e: ~ x-felo, T~~~;~ai~ 96!2.n-2?c,~~ ~ s (~Q~}~ I3# e (~Q~) ~.~g-1Q7~ ~s Dodo Mortuary, Inc., ~ncLep~.al_t.~.#.he numbers of burials, based on the current plot size of ~ ~ 4 feet x 9 feet, which could potentially take place in this land and which the County could f sell for at least $250.00 a plot, the current price of a burial plot in Alae Cemetery. In any event, I feet 1 have addressed the key points in this situation and have proposed fair solutions to the problem. l realize further discussion will need to take place on this issue, between our company and the County, and we stand ready to help make this transaction as easy as possible. Please see enclosed copies of documentation. Thank you very much. Sincerely, Mitchell M. Dodo Vice-President/Operations Manager cc: Pat. Engelhard Enc. 2 ~ i _ _o; "F H 1i`, ®~~IC~ O~ T~~ COUNTY CL~6~K h9AWAll COUNTY BUILDING COUNTY OF HAWAII !°OILO, I°IAWAII 96720 < n ~ , March 2~1, 1993 Refer: Comm . 18 5 / Res. 35/ Hs/PWC®12 ~O~ Mayor Stephen. IC. Yamashii~o County of Hawaii Re: Land Exchange with. Dodo Mortuary Inc. for Alae Cemetery Expansion Project The following is the action o€ the f-iawau County Council adopted at ' ~ its meeting held ~r~~ 11~9.~ Resolution No. 3593 was adopted. and. Committee on Human Services and Public Works Report No. 12 was adopted. COUIe1TY CLERK cc: "~~arks and Recreation Director _ REPORT OP Tf~E C0~~11~lITTEE ON HUP~IAN SERVICES AND PUBLIC WORKS DATE: March 8, 1992 PLACE: Councilroom TIME: 10:54 a.m. Chairman and Members Hawaii County Council Uilo, Hawaii 96°720 Your Committee on Human Services and Public Works to which was referred Communication X10. 185 and its attached Resolution Ho. 35, reports as follows: The purpose of Resolution No. 35 is to authorize the execution of an agreement between Dodo Mortuary, Inc. and the County for exchange of lands at ~lae Cemetery, South Hilo. In accordance with Section 2--111 of the Hawaii County Code and Section 10-11 of the Hawaii County Charter, any grant of interest in real property owned by the County must be authorized by the County Council and any contract requiring payment of funds for an appropriation in a later fiscal year must be approved by Resolution. Your Committee was advised that the County seeks to gain a .289 acre portion of land located within the present Alae Cemetery owned by Dodo Mortuary, Inc. referred to as Lot S. Dodo Mortuary, Inc. is willing to transfer its ownership of Lot ~ in exchange for a lot of equal size within a 10 acre parcel of land adjoining and mauka of Alae Cemetery which the County is proposing to acquire from the. Sishop estate, referred to as Parcel A. Although the County plans on expanding Alae Cemetery in the future through the acquisition of Parcel A, the immediate need for plot space in the cemetery could be alleviated-through the acquisition of lot B, which would be transferred to the County on July 1, 1993 upon adoption of this Resolution. Upon the acquisition of Parcel A, Dodo Mortuary Inc. will be apprised of the location of the roadways within the expansion area and will be given the right to select the area they will receive from the County. The County will also grant Dodo Mortuary, Tnc. a Gaon-exclusive easement over all roadways within the cemetery area, including the expansion area, contingent upon authorization from the County Council. HS&PI^JC REPORT PaO, I~ ADOPTED d~iS&PWC-12 Page ` March 8, 1993 In the event the County is not able to acquire Parcel A from the ! Bishop Estate, the_ County ~~s to paSr Dodo Mor~=tct?ary~ Inc. a sua~ acr~r~eable to both parties or, if they are unable to reach a~ agreement, the fair market v~~,~~ a~ ~hP s-;~° 3four Committee is in accord with the purpose and intent of Resolution Rio. 35 and recommends its adoption by the County Council. I Respectfully submitted, X x X HLY~.N S Ck~ & PL~LIC 4~RKS ~ ~ X G /lLJl ~ ROBERT ROSEFiILL, C~iAIRA~~AN HS~PWC REPORT N0, 12 E. o. M. ADOPTED LC 4 RESOLUTION N0. WHEREAS, the County is the owner of that certain area of land known as Alae Cemetery, said area of land being more particularly described in Exhibit "A," attached hereto and made a part hereof; and WHEREAS, as part of its cemetery expansion project, the County is in the process of acquiring from Bishop Estate those certain areas of land adjacent to and mauka of Alae Cemetery, said areas of land to be specifically designated at a future date , and to consist of not less than 10 acres, and hereinafter. referred to as "Parcel 'A';" and WHEREAS, despite the proposed expansion, the County is still in immediate need of additional lands to satisfy the current demand for plots; and WHEREAS, Dodo Mortuary, Inc., hereinafter referred to as "Dodo Mortuary," is the owner of that certain area of land situated within Alae Cemetery, said area of land being more , particularly described in Exhibit "B," attached hereto and made a part hereof, and hereinafter referred to as "Lot 'B';" and WHEREAS, the County is desirous of acquiring Lot "B" from Dodo Mortuary; and WHEREAS., Dodo Mortuary is willing to transfer its ownership in Lot "B" to the County in exchange for a parcel of equal size within the proposed expansion area (Parcel "A"), provided. that in the event that the Countv's ~f_f~r~s to acquire Parcel "A"~f.a-i_~, Dodo Mortuary shall be paid a sum equal to tla~~air ma r.ket value of Lot - ~o- an WHEREAS, Section ~~111 of the Hawaii County Code provides that any grant of interest in real property owned by the County must be authorized by the County Council; and WHEREAS, Section 10-11 of the Hawaii County Charter provides that any contract requiring the payment of funds from the appropriations of a later fiscal year shall be made or approved by resolution, NOW, TI`iEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor of the County of Hawaii is hereby authorized to execute an agreement with Dodo Mortuary for the hereinabove described transfer of lands at Alae Cemetery. BE IT FURTHER RESOLVED, that the Clerk of the County of Hawaii transmit copies of this resolution to the Honorable St~:phen K. Yamashiro, Mayor of the County of Hawaii, and to Clifford H. Dodo, Vice-president of Dodo Mortuary, Tnc. DATED: Hilo, Hawaii, INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII C®U1V'I~Y COU2`1C~ R®I.I. C~ ~01~ C~aa~ty ®f I~~~~ii AYES ~E.S ABS ESC Fail®, Ha~~ai AR~KAKI I herby ~~tify tP~.t the f®a~~®in~ S®LU"I°I®N by '~°A~N se w®~ ii~3 t® She ri~~at he~f ad®p by the C®i1NCIL ~i~.I,D~° 'the C~a~tyy ca€ Fi:~raaz ®n DE LTN1A Dom' RAC MILL ~'E I~f~nce JNTY CLEII~C CH.AIR.hfiAN ~c PRESIDING OF'f°ICE$ F~F90LUTYC+N V ®S y areg~ Kist i ~ir~ctor - Lince4n S.T. Ashida (air Mayer 'fa; •o; ' Jz; ~ Corporation Counse! i `~~i~;7ner - ~ ~ ®.~~'-:~%i>>o.;•;: !%,coounting Gerald Takase a `4 «o`:;: p , ~~'°os•o~~~ ~ E9rSOnn~i As.cirtani Corporation Counse! C? r--; C" ' ®F°EICE OF` T C® RATION C®UNSEL ~ ! 101 Aupuni Street, Suite 325 • Hilo, llawail 96720-4262 • (808) 961-8251 • FAX (808) 961-8622 _ ; ' CONFIDENTIAL: ATT012NEY-CLIENT PRIVILEGE• ATTOIaNEY WOIZI~ P~OIIT~~' ME.~VI O It A ND UM TO: Patricia Engelhard, Director Department of Parks and Recreation ° FROM: Craig T. Masuda ~ ~ Deputy Corporation,Counsel DATE: December 28, 2001 RE: Conveyance of 12,600 sq. ft. parcel of Alae Cemetery; Corp.Counsel Entry No.1447 Issue: Is the present Land Exchange Agreement of 1993 sufficient for a conveyance of this parcel to the County? Answer: A search of Tax Map Key: (3)-2-6-12-43 shows the County of Hawaii as the sole owner of this parcel. Page 2 of the Land Exchange Agreement of 1993, section 1, states that Dodo shall transfer title to Lot B by warranty deed to the County no later than July 1, 1993. Dodo has apparently done this, and, therefore, no further conveyance is necessary. mkk s: depts.lparks~misc-ctm-~AlaeCemetaryConveyance112-28CTMmkk