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101 Aupumi Staeet, Suii~ 325 • Fdel®, I~Iavvaii 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
Albert Galimba and Mildred K. Galimba Revocable Living Trusts
TMK 9-6-5:46 (por.l. 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 page 3 of the proposed
Warranty Deed from Albert Galimba and Mildred K. Galimba as Trustees of their respective
revocable living trusts, 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 the
Galimba trusts to the State includes a partial release of the County's drainage easement over the
affected portion of the property (part of Parcel 7 (Rev. 1)).
The State intends to convey the property it receives from the Galimba trusts 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 (I) 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
IVAN . T RI E
Deputy Corporation Counsel
IMT:fc
Encs.
s:\reso\Itr to council re galimba\4-0211MTfc.wpd
APPROVED:
HARRY KI or
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To: THIS DOCUMENT CONTAINS _ PAGES
(including this Page)
Tax Map Key No. 3 9-6-05-46 Portion
E ~l~t ~.3~~D
GRANTORS: ALBERT GALIMBA, fiRUSTEE OF THE
ALBERT GALIMBA REVOCABLE LIVING TRUST
DATED DECEMBER 17, 1993; AND
MILDRED K. GALIMBA, TRUSTEE OF THE
MILDRED. K. GALIMBA REVOCABLE LIVING
TRUST DATED DECEMBER 17, 1993
P. O. BOX 98
PAHALA, HAWAII 96777
GRANTEE: STATE OF HAWAII
Department of Transportation
869 Punchbowl Street
Honolulu, Hawaii 96813
)K f ! ::'i
OVA l~TTY DAD
KNOW ALL BY THESE PRESENTS:
THAT ALBERT GALIMBA, TRUSTEE OF THE ALBERT GALIMBA
REVOCABLE LIVING TRUST DATED DECEMBER 17, 1993, as to an
undivided one-half (1/2) interest, and MILDRED K. GALIMBA,
TRUSTEE OF THE MILDRED K. GALIMBA REVOCABLE LIVING TRUST DATED
DECEMBER 17, 1993, as to an undivided one-half (1/~) interest,
as tenants in common, both of whose post office address is P. O.
Box 98, Pahala, Hawaii 96777, hereafter called the "GRANTORS",
for and in consideration of the sum of TEN THOUSAND AND NO/100
DOLLARS ($10,000.00), to it paid by the STATE OF HAWAII, by its
Department of Transportation, whose address is 869 Punchbowl
Street, Honolulu, Hawaii 96813, hereafter called 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 7 (REV. 1), identified as being a portion of Tax Map Key
No. (3) 9-6-05-46 (Portion), containing an area of approximately
50,366 square feet or 1.156 acres, situated at Paauau ~na~
District of Kau, County and Island 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 GRANTORS, 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 GRANTORS, for themselves, their heirs,
personal representatives, successors in trust and assigns, do
hereby covenant with the GRANTEE, its successors and assigns,
that the GRANTORS are lawfully seised in fee simple and
possessed of the Property, that they have 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 GRANTORS will and their heirs,
personal representatives, successors in trust and assigns shall
WARRANT AND DEFEND the same unto the GRANTEE, its successors and
2
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
the "Drainage Easement") pursuant to that certain Final Order of
Condemnation, Civil No. 9151, 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. 92-127581 (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 with 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.
3
AND HAWAII LAND & FARMING COMPANY, INC., a Delaware
corporation, formerly known as C. BREWER HOMES, INC., a Delaware
corporation, C. BREWER HOMES, INC., a Hawaii corporation, and C.
BREWER PROPERTIES, INC., a Hawaii corporation, and HAWAIIANA
INVESTMENT CO., INC., a Hawaii corporation, whose business and
post office address is 21St Floor, Hawaii Building, 745 Fort
Street, Suite 2110, Honolulu, Hawaii 96813, hereafter referred
to as the "Releasor", the holder of certain reservations of
water and water rights, the right to engage in any type of
farming operation, and watercourse easements, pursuant to that
certain Warranty Deed dated December 1, 1992, recorded in the
Bureau of Conveyances of the State of Hawaii on December 14,
1992 as Document No. 92-202257 (hereafter collectively referred
to as the "Reservation"), in consideration of the sum of ONE AND
NO/100 DOLLAR ($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 Releasor's rights,
privileges and interest with respect to the Property, including
any rights to enforce or require the GRANTEE to comply with the
Reservation; PROVIDED, HOWEVER, that this Partial Release shall
in no way release any of the other property affected by the
Reservation from the Reservation, and in all other respects, the
Reservation shall remain unaltered and unaffected by this
Partial Release.
4
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.
5
IN WITNESS WHEREOF, the GRANTORS, the Easement Holder,
by its Mayor, and the Releasor, by its duly authorized
officers, have caused this instrument to be executed this
day of 200
GRANTORS:
ALBERT GALIMBA, TRUSTEE OF THE
ALBERT GALIMBA REVOCABLE LIVING
TRUST DATED DECEMBER 17, 1993
BY
Date ALBERT GALIMBA, TRUSTEE
MILDRED K. GALIMBA, TRUSTEE OF THE
MILDRED K. GALIMBA REVOCABLE
LIVING TRUST DATED DECEMBER 17,
1993
By
Date MILDRED K. GALIMBA, TRUSTEE
EASEMENT HOLDER:
COUNTY OF HAWAII
B.y
Date HARRY KIM
Its Mayor
6
RELEASOR:
HAWAII LAND & FARMING COMPANY,
INC., a Delaware corporation
By
Date Print Name
Its
By
Date Print Name
Its
APPROVED AS TO FORM RECOMMEND APPROVAL
AND LEGALITY:
~4~n^.u~ k •w ~ oC,~,
Deputy Corporation Counsel DENNIS K. W. LEE, P.E. , Director
County of Hawaii Department of Public Works
County of Hawaii
APPROVED AS TO FORM:
(Based on Search: 12/3/01)
0!.
Deputy tto ey General
State of Hawaii
7
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2002
before me personally appeared ALBERT GALIMBA, to me known to be
the person described as ALBERT GALIMBA, TRUSTEE OF THE ALBERT
GALIMBA REVOCABLE LIVING TRUST DATED DECEMBER 17, 1993, and who
executed the foregoing instrument on behalf of said Trust as
Trustee, as authorized under the terms of said Trust, and
acknowledged that he executed the same as his free act and deed
as Trustee of said Trust.
Print Name
Notary Public, Judicial
Circuit, State of Hawaii
My commission expires:
8
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2002
before me personally appeared MILDRED K. GALIMBA, to me known to
be the person described as MILDRED K. GALIMBA, TRUSTEE OF THE
MILDRED K. GALIMBA REVOCABLE LIVING TRUST DATED DECEMBER 17,
1993, and who executed the foregoing instrument on behalf of
said Trust as firustee, as authorized under the terms of said
Trust, and acknowledged that she executed the same as her free
act and deed as Trustee of said Trust.
Print Name
Notary Public, Judicial
Circuit, State of Hawaii
My commission expires:
9
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 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 HARRY KIM acknowledged said
instrument to be the free act and deed of said COUNTY OF HAWAII.
Print Name
Notary Public, Judicial
Circuit, State of Hawaii
My commission expires:
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU )
On this day of 200
before me personally appeared and
to me personally known, who, being by me
duly sworn, did say that they are the and
respectively, of HAWAII LAND & FARMING
COMPANY, INC., a Delaware corporation, formerly known as C.
BREWER HOMES, INC., a Delaware corporation, C. BREWER HOMES,
INC., a Hawaii corporation, and C. BREWER PROPERTIES, INC., a
Hawaii corporation, and HAWAIIANA IN~TESTMENT 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:
PARCEL 7 (REVISION 1)
EMERGENCY REPLACEMENT OF PAAUAU STREAM BRIDGE,
INTERSECTION IMPROVEMENTS AT KAMANI STREET AND
REHABILITATION OF VARIOUS BRIDGES, F.A.P. No. ER-12(3).
PAAUAU 2nd, KAU, ISLAND OF HAWAII, HAWAII.
Being a portion of Grant 3533, Apana 2 to the Trustees under the Will
and of the Estate of Bernice Pauahi Bishop, Deceased.
Beginning at the middle of Paauau Stream, on the northeast 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:
1. 21 ° 32' 30" 19.07 feet along the northwest side of Mamalahoa Highway
2. Thence along the north side of Kamani Street on a curve to the right with a radius of
50.00 feet, the chord azimuth and distance being:
66 ° 32' 30" 70.71 feet;
3. 111 ° 32' 30" 80.05 feet along the north side of Kamani Street;
4. Thence along same on a curve to the right with a radius of 460.00 feet, the chord azimuth
and distance being: 127° OS' 15" 246.57 feet;
5. Thence along the north side of Kamani Street on a curve to the left with a radius of
1,840.00 feet, the chord azimuth and distance being:
Parcel 7 (Rev. l )
Page 1 of 2
142 ° 20' 07" 19.14 feet;
6. 228 ° 13' 49.96 feet along the remainder of Grant 3533, Apana 2 to the
Trustees under the Will and of the Estate of Bernice
Pauahi Bishop, Deceased;
7. 159° 20' 126.00 feet along same;
8. 233 ° 00' 46.04 feet along same;
Thence 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:
9. 351 ° 43' 32.75 feet;
10. 323 ° 38' 62.66 feet;
11. 307° 31' 252.06 feet;
12. 317° 09' 122.58 feet to the point of beginning and containing an area of
50,366 Square Feet or 1.156 Acres.
Tax Map Key: 3`d Div. 9-6-05: 46 (por.)
Imata ~c Associates, Inc.
171 Kapiolani Street
Hilo, Hawaii 96720
January 8, 2002.
LICENSEQ ~ t~
PROFESSIONAL ~ ~
LAND SURVEYOR
~ No. as2s ~ Ray akamura
Licensed Professional Land Surveyor
Certificate No. 4329
~ Description Checked
Parcel 7 (Rev.1)
~ Page 2 of 2
Dace ®I f OD~D'~