HomeMy WebLinkAboutCOM 0594.000 2000-2002 4~~t.;;,. ~.,8
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l01 Aupuni Strece, Suige 325 • E$ilo, F$acvaii 96720-4262 • (808)961-8251 • FAX (808) 961-8622
April 15, 2002
The Honorable James Arakaki, Chairman + '
-
and Council Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
RE: Partial Release of Drainage Easement,
Pa`au`au Stream Flood Control Project
Mauna Kea Agribusiness
TMK 9-6-12:12 (por.). Parcel 6
We are transmitting for the Council's consideration for authorization a copy of the
above-referenced partial release of a County drainage easement, found at pages 2 and 3 of the
proposed Warranty Deed from Mauna Kea Agribusiness to the State of Hawaii, along with a
resolution authorizing the partial release of the drainage easement.
The State of Hawaii is planning an emergency Pa`au`au Stream Bridge replacement
project using Federal funds near the corner of Kamani Street and Mamalahoa Highway, near
Ka`u Hospital. The State requires clear title to the project site, which includes part of Mauna
Kea Agribusiness property currently encumbered by a County drainage easement for the
County's Pa`au`au Stream Flood Control Project. Hence, the subject Warranty Deed from
Mauna Kea Agribusiness to the State includes a partial release of the County's drainage
easement over the affected portion of the property (part of Parcel 6).
The State intends to convey Parcel 6 to the County after the project is complete, for the
County's use as part of the County's Pa`au`au Stream Flood Control Project. Hawaii County
Code Section 2-120 authorizes the County Council to authorize the finance director to dispose of
real property interests to governments without appraisal.
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The Honorable James Arakaki, Chairman
and Council Members
April 15, 2002
Page 2
Upon authorization of the above partial release of drainage easement, please send
notification of such authorization to (1) Harry Kim, Mayor; (2) William Takaba, Director of
Finance, County of Hawaii; and (3) Ivan M. Torigoe, Deputy Corporation Counsel, who will
process the release for recording. Thank you.
Sincerely,
LINCOLN S.T. ASHIDA
Corporation Counsel
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By. IVAN M. ORd~OE
Deputy Corporation Counsel
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Encs.
s:\reso\Itr to council re mauna kea\4-0211MTfc.wpd
APPROVED:
H RRY K ,Mayor
LAND COURT SYSTEM REGULAR SYSTEM
THIS DOCUMENT CONTAINS _ PAGES
Return by Mail ( ) Pickup ( ) To: (including this Page)
Tax Map Key No. (3) 9-6-12-12 (Portion)
GRANTOR: MAUNA KEA AGRIBUSINESS CO., INC.
P. O. Box 1826
Papaikou, Hawaii 96781
GRANTEE: STATE OF HAWAII
Department of Transportation
869 Punchbowl Street
Honolulu, Hawaii 96813
KNOW ALL BY THESE PRESENTS:
THAT MAUNA KEA AGRIBUSINESS COMPANY, INC., a Hawaii
corporation, whose post office address is P. O. Box 1826,
Papaikou, Hawaii 96781 (hereafter referred to as the "GRANTOR"),
for and in consideration of the sum of TWENTY THOUSAND AND
NO/100 DOLLARS ($20,000.00), to it paid by the STATE OF HAWAII,
by its Department of Transportation, whose address is 869
Punchbowl Street, Honolulu, Hawaii 96813 (hereafter referred to
as the "GRANTEE"), the receipt and sufficiency of which are
hereby acknowledged, does hereby grant, bargain, sell, and
convey unto the GRANTEE, its successors and assigns, forever:
All of that certain land and premises designated as
PARCEL 6, identified as being a portion of Tax Map Key No.
(3) 9-6-12-12 (Portion), containing an area of 85,241 square
feet or 1.957 acres, situated at Iliokoloa, District of Kau,
Island and County of Hawaii, State of Hawaii, as shown on the
Right-of-Way Map of Mamalahoa Highway, Emergency Replacement of
Paauau Stream Bridge, Intersection Improvements at Kamani Street
and Rehabilitation of Various Bridges, Federal Aid Project No.
ER-12(3) (hereafter referred to as the "Project"), filed in the
Highways Division, Department of Transportation, State of
Hawaii, and more particularly described in Exhibit A attached
hereto and incorporated herein by reference (hereafter referred
to as the "Property").
AND the reversions, remainders, rents, income and
profits thereof, 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, together with all
improvements, rights, tenements, easements, privileges and
appurtenances thereunto belonging or in any way appertaining or
held and enjoyed therewith in fee simple unto the GRANTEE, its
successors and assigns, forever.
AND the GRANTOR, for itself, its successors and
assigns, does hereby covenant with the GRANTEE, its successors
and assigns, that the GRANTOR is lawfully seised in fee simple
and possessed of the Property, that it has good and lawful right
to sell and convey the Property as aforesaid, that the same is
free and clear of and from all liens and encumbrances, except as
provided herein, and that the GRANTOR will and its successors
and assigns shall WARRANT AND DEFEND the same unto the GRANTEE,
its successors and assigns, forever, against the lawful claims
and demands of all persons whomsoever.
AND the COUNTY OF HAWAII, a municipal corporation of
the State of Hawaii, by its Mayor, whose business and post
office address is 25 Aupuni Street, Room 215, Hilo, Hawaii
96720, hereafter referred to as the "Easement Holder", who
acquired a drainage easement affecting the Property (hereafter
2
the "Drainage Easement") pursuant to that certain Final Order of
Condemnation, Civil No. 9145, filed in Circuit Court of the
Third Circuit, State of Hawaii, on July 31, 1992, and recorded
in the Hureau of Conveyances of the State of Hawaii on August 5,
1992, as Document No. 92-127578 (hereafter the "Final Order"),
in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00)
and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, does hereby
surrender, relinquish, remise, release and forever quitclaim
unto the GRANTEE, all of the Easement Holder's rights,
privileges and interest vaith respect to the Property, including
all of the Easement Holder's interest in the Drainage Easement
affecting the Property; PROVIDED, HOWEVER, that this Partial
Release shall in no way release any of the other property
affected or acquired by the Easement Holder pursuant to the
Final Order and in all other respects, the Drainage Easement
acquired by the Easement Holder pursuant to the Final Order
shall remain unaltered and unaffected by this Partial Release.
AND RANDY CABRAL, CLAYTON AVENUE and WAYNE FUJIOKA,
whose mailing address is 2578 Kaiwiki Road, Hilo, Hawaii 96720
(collectively referred as the "Licensee"), the Licensee under
that certain unrecorded Ka'u Agribusiness Co., Inc. Revocable
License dated November 12, 1998, effective December 1, 1998
(hereafter "Revocable License"), between the GRANTOR and the
Licensee, in consideration of the sum of ONE AND NO/100 DOLLARS
($1.00) and other good and valuable consideration, the receipt
3
and sufficiency of which are hereby acknowledged, does hereby
surrender, relinquish, remise, release and forever quitclaim
unto the GRANTEE, all of Licensee's rights, privileges and
interest under the Revocable License with respect to the
Property; PROVIDED, HOWEVER, that this Partial Release shall in
no way release any of the other property covered by the
Revocable License from the Revocable License and in all other
respects, the Revocable License shall remain unaltered and
unaffected by this Partial Release.
AND the GRANTOR herein, in consideration of the
foregoing premises, does hereby consent to and accept said
release of the Property from the Revocable License by the
Licensee and does hereby release and discharge the Licensee of
and from all liability under the Revocable License with respect
to the Property.
THIS DEED may be executed in counterparts, each of
which shall be deemed an original, and said counterparts shall
together constitute one and the same document, binding all of
the parties hereto notwithstanding all of the parties are not
signatory to the original or the same counterpart. For all
purposes, including, without limitation, recordation, filing and
delivery of this instrument, duplicate, unexecuted pages of the
counterparts may be discarded, and the remaining pages assembled
as one document.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
4
IN WITNESS WHEREOF, the GRANTOR, by its duly authorized
officers, the Easement Holder, by its Mayor, and the Licensee,
have caused this instrument to be executed this day
of 200
GRANTOR:
MAUNA KEA AGRIBUSINESSS CO., INC.,
a Hawaii corporation
By
Date Print Name
Its
By
Date Print Name
Its
EASEMENT HOLDER:
COUNTY OF HAWAII
By
Date HARRY KIM
Its Mayor
5
LICENSEE:
By
Date RANDY CABRAL
By
Date CLAYTON AVENUE
By
Date WAYNE FUJIOKA
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
APPROVED AS TO FORM:
(Based on Search: 1/24/02)
Deput Att rney General
State of Hawaii
6
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2002
before me personally appeared and
to me personally known, who, being by me
duly sworn, did say that they are the and
respectively, of MAUNA KEA AGRIBUSINESS
CO., INC., a Hawaii corporation, and that said instrument was
signed on behalf of said corporation by authority of its Board
of Directors, and said officers acknowledged said instrument to
be the free act and deed of said corporation.
Print Name
Notary Public, Judicial
Circuit, State of Hawaii
My commission expires:
7
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2002
before me personally appeared HARRY KIM, 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 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 County of Hawaii by
Section 5-1.3(g) of the County Charter, County of Hawaii (1991),
as amended; and said HARRY KIM acknowledged said instrument to
be the free act and deed of said County of Hawaii.
Print Name
Notary Public, State of Hawaii
My commission expires:
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2002,
before me personally appeared RANDY CABRAL, to me known to be
the person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as his
free act and deed.
Print Name
Notary Public, Judicial
Circuit, State of Hawaii
My commission expires:
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2002,
before me personally appeared CLAYTON AVENUE, to me known to be
the person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as his
free act and deed.
Print Name
Notary Public, Judicial
Circuit, State of Hawaii
My commission expires:
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2002;
before me personally appeared WAYNE FUJIOKA, to me known to be
the person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as his
free act and deed.
Print Name
Notary Public, Judicial
Circuit, State of Hawaii
My commission expires:
PARCEL 6
EMERGENCY REPLACEMENT OF PAAUAU STREAM BRIDGE,
INTERSECTION IMPROVEMENTS AT KAMANI STREET AND
REHABILITATION OF VARIOUS BRIDGES, F.A.P. No. ER-12(3).
ILIOKOLOA, KAU, ISLAND OF HAWAII, HAWAII.
Being a portion of Grant 2604
to F.S. Lyman.
Beginning at the middle of Paauau Stream, on the southeast corner of this parcel of land and
on the northwesterly side of Mamalahoa Highway (F.A.P. No. 18-B), the coordinates of said point
of beginning referred to Government Survey Triangulation Station "HILL", being 20,921.48 feet
North and 14,728.21 feet East, thence running by azimuths measured clockwise from true South:
Along the middle of Paauau Stream for the next four (4) courses, the direct azimuths and
distances between points on said middle of Paauau
Stream being:
1. 137° 09' 122.58 feet;
2. 127 ° 31' 252.06 feet;
3. 143 ° 38' 62.66 feet;
4. 171 ° 43' 32.75 feet;
5. 233 ° 00' 159.34 feet along the remainder of Grant 2604 to F.S. Lyman;
6. 323 ° 00' 222.43 feet along same;
7. 233° 00' 276.58 feet along same;
8. 201 ° 32' 30" 49.29 feet along same;
Parcel 6
Page 1 of 2
9. 291 ° 32' 30" 5.00 feet along same;
10. 21 ° 32' 30" 489.11 feet along the northwest side of Mamalahoa Highway
(F.A.P. No: 18-B) to the point of beginning and con-
taining an area of 85,241 Square Feet or 1.957 Acres.
Tax Map Key: 3~d Div. 9-6-12: 12 (por.)
Imata & Associates, Ine.
171 Kapiolani Street
Hilo, Hawaii 96720
October 2, 2001.
~~zuo rv,~,~~G
~ PROFESSIONAL ~ ~
LANG SL9RVEYOR
~ IZa Nakamura
No. ~t329 Licensed Professional Land Surveyor
vs~~' Certificate No. 4329
Descalpti®n C'~ecked
~ ' e~er
Dace tee/ 2~~v~
Parcel 6
Page 2 of 2