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Home My WebLink AboutRES 264 Draft 01 2000-2002 COUlOTTY O~ IIt~W:~`I TA.TE O~ IIAW~I`I ~S®LUTI010T 1010. RESOLUTION AUTHORISING TOME GRANT OF EASEMENTS FOR EASEMENTS 2A, 3 AND 4A FOR ACCESS PURPOSES, AND EASEi"i/IENT 2B FOR UTILITY PURPOSES, LOCATED AT THE KAINALIU DIVERSION SYSTEM, O-IONUA`INO 1, NORTH KONA, ISLAND, COUNTY AND STATE OE O-iAWAI`I, TAX MAP KEY NO.:(3)7-9-009:045, TO ADELE A. YAMAGATA AND KEVIN HARRINGTON (LOT 24); ADELE A. YAMAGATA (LOT 25); RICHARD A. MATSUMOTO, TRUSTEOa OF THE RICHARD A. MATSUMOTO TRUST DATED MAY 27, 1992, AND AKEMI MATSUMOTO, TRUSTEE OF THE AKEMI MATSUMOTO TRUST AGREEMENT DATED MAY 27, 1992 (LOT 28); PAULINO P. GAIVIPON AND FELISA T. GAMPON, TRUSTEES OF THE GAMPON FAMILY REVOCABLE LIVING TRUST (LOT 26); NANNETTE K. HARRINGTON AND JOHN W. DOOLITTLE (LOTS 46 AND 50); SUKEJI YAMAGATA, TRUSTED OF THE SUKEJI YAMAGATA REVOCABLE LIVING TRUST DATED FEBRUARY 8, 1992, AND BETTY TOSHIKO YAMAGATA, TRUSTEE OF THE BETTY TOSHIKO YAMAGATA REVOCABLE LIVING TRUST DATED FEBRUARY 8, 1992 (LOT 33); AND DANCE D. DASSANCE, LELAND MICHAEL EVERETT AND IDA (LIFO= PERKINS (LOT 31). WHEREAS, the County of Hawaii is the owner of that certain parcel identified as a culvert crossing for the Kainaliu Diversion System, located at Honua`ino 1, North Kona, Island, County and State of Hawaii, specifically identified as Tax Map Key No.(3)7-9-009:045, being more specifcally delineated in the Grant of Easement attached hereto as Exhibit "1 and WHEREAS, when the County of Hawaii acquired the land to create the Kainaliu Diversion System, no access/utility easement was provided to these owners, nor was an access/utility easement reserved by the property owners; and WO-iEREAS, it has come to the attention of the County of Hawaii that currently there is no legal access across the Kainaliu Diversion System; and WHEREAS, the County of Hawaii Department of Public Works wishes to provide such access to prevent future access issues; and WHEREAS, Section 2-111, Hawaii County Code, requires that the Council, by resolution, authorize the Grant of Easements by the County of Hawaii, subject, however, to reversion to fihe County of Hawaii upon termination or abandonment of the easement for the specific purposes for which it was: granted. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Section 2-111, Hawaii County Code, that the County of Hawaii authorizes the attached Grant of Easements (Exhibit "1 for access and utility purposes, to fihe individuals, their heirs, devisees, personal representatives, successors and assigns, listed above and as delineated in the attached Grant of Easements, over Tax Map Key No.(3)7-9-009:045, until termination or abandonment of the access and utility easements. BE IT FURTHER RESOLVED that copies of this resolution be transmitted to: (1) Elizabeth Strance, Strance & Nakoa, Kailua Trade Center, Suite 208; 75-5706 Hanama Place, Kailua-Kona, Hawaii 96740, attorney for the Grantees; (2) Dennis Lee, Director of Public Works; (3)1111illiam Takaba, Director of Finance; and (4) Gerald Takase, Assistant Corporation Counsel. DATED: Kona , Hawai`I, December 18 , 2002 INTRODUCED BY: ~R NCIL M B R, CO NTY OF , AWAI`I s:ldept\dpwlkainaliu systemlreso\GTde.doc COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Kona , Hawaii ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on 18. ~Q02 .HOLSCHUH X ATTEST: ~ JASON LEITHEAD-TODD X REYNOLDS X SAFARIK X • TYLER X Reference C-810/PtiJixIRC-65 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel (GT) . County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Pages: s:ldeptldpwlkainaliu diversionlgrant easement110-021GTde.wpd Tax Map Key (3)7-9-009:045 (por.) GRANT OF EASEMENTS THIS GRANT OF EASEMENTS, made this day of , 2002, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the GRANTOR, and ADELE A. YAMAGATA, unmarried, and KEVIN HARRINGTON, unmarried (Lot 24), whose mailing address is P.O. Box 387, Captain Cook, Hawaii 96704; ADELE A. YAMAGATA, unmarried (Lot 25), whose mailing address is P.O. Box 387, Captain Cook, Hawaii 96740; RICHARD A. MATSUMOTO, TRUSTEE OF THE RICHARD A. MATSUMOTO TRUST EXHIBIT "1" AGREEMENT DATED MAY 27, 1992, and AKEMI MATSUMOTO, TRUSTEE OF THE AKEMI MATSUMOTO TRUST AGREEMENT DATED MAY 27, 1992 (Lot 28), whose mailing address is P.O. Box 564, Kealakekua, Hawaii 96750; PAULINO P. GAMPON and FELISA T. GAMPON, TRUSTEES OF THE GAMPON FAMILY REVOCABLE LIVING TRUST (Lot 26), whose mailing address is P.O. Box 1688, Kealakekua, Hawai`I 96750; NANNETTE K. HARRINGTON, unmarried, and JOHN W. DOOLITTLE, unmarried (Lots 46 and 50), whose mailing address is P.O. Box 2477, Kealakekua, Hawaii 96750; SUKEJI YAMAGATA, TRUSTEE OF THE SUKEJI YAMAGATA REVOCABLE LIVING TRUST DATED FEBRUARY 8, 1992, and BETTY TOSHIKO YAMAGATA, TRUSTEE OF THE BETTY TOSHIKO YAMAGATA REVOCABLE LIVING TRUST DATED FEBRUARY 8, 1992 (Lot 33), whose mailing address is P.O. Box 686, Kealakekua, Hawaii 96750; and LANCE D. DASSANCE, unmarried, whose mailing address is P.O. Box 800, Captain Cook, Hawaii 96704, and LELAND MICHAEL EVERETT and IDA ILIFF PERKINS, husband and wife (Lot 31), whose mailing address is P.O. Box 6915, Kamuela, Hawaii 96743. WITNESSETH: 1. Demise and Descr~i tion of Propert,_,y. The Grantor, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to it paid by the Grantees, the receipt of which is hereby acknowledged, and of the mutual covenants and agreements herein contained and on the part of the Grantees to be observed and performed, and upon and subject to the terms and conditions hereinafter set forth, does hereby grant the following perpetual easements identified as Easements 2A, 3, and 4A for access and Easement 2B for utility purposes, said easements being more particularly described in -2- Exhibit °A" and delineated on Exhibit "S," all of which are attached hereto and made a part hereof. 2. Indemnification. Grantees shall indemnify, defend and save harmless, the Grantor, its officers, agents, employees, successors and assigns, from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of Grantees, their respective heirs, personal representatives, invitees, successors and assigns, that may arise or result from the operation, maintenance, repair, presence, or use of the easements and all fixtures and appurtenances connected therewith. 3. Maintenance. The Grantees shall use due care and diligence to keep said easements, fixtures, and appurtenances thereto, in a safe, clean and orderly condition and will exercise their rights hereunder in a manner that will not reasonably interfere with the use of the land. 4. t'arties. The easement covenants contained in this grant of easement shall inure to the benefit of, and be binding upon the parties and their respective heirs, devisees, personal representatives, successors and assigns. 5. reverter. These easement rights shall cease and expire, without any action on the part of the Grantor, in the event of termination, nonuse, or abandonment by the Grantees of the easement areas or any portion thereof, for a period of one year. 6. Counterparts Signatures. This grant of easement may be executed in any number of counterparts by any party hereto, all of which together shall constitute one and the same instrument. -3- IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day and year first above written. COUNTY OF HAWAII By HARRY KIM Mayor Grantor ADELE A. YAMAGATA KEVIN HARRINGTON . ADELE A. YAMAGATA RICHARD A. MATSUMOTO Trustee of the Richard A. Matsumoto Trust Agreement Dated May 27, 1992 AKEMI MATSUMOTO Trustee of the Akemi Matsumoto Trust Agreement Dated May 27, 1992 -4- PAULINO P. GAMPON FELISA T. GAMPON Trustees of the tampon Family Revocable Living Trust NANNETTE K. HARRINGTON JOHN W. DOOLITTLE SUKEJI YAMAGATA Trustee of the Sukeji Yamagata Revocable Living Trust Dated February 8, 1992 BETTY TOSHIKO YAMAGATA Trustee of the Betty Toshiko Yamagata Revocable Living Trust Dated February 8, 1992 LANCE D. DASSANCE LELAND MICHAEL EVERETT IDA ILIFF PERKINS Grant of basements Grantees County of Nawai`i, Grantor Adele A. Yamagata, et al., Grantees TMK: (3) 7-9-009: 045 (por.) -5- STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2002, before me personally appeared ADELE A. YAMAGATA and KEVIN HARRINGTON, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -6- STATF OF HAWAII ) ss. COUNTY OF hiAWAI`I ) On this day of , 2002, before me personally appeared ADE~.E A. YAMAGATA, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -7- STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2002, before me personally appeared RICHARD A. MATSUMOTO, Trustee of the Richard R. Matsumoto Trust Agreement dated May 27, 1992, and AKEMI MATSUMOTO, Trustee of the Akemi Matsumoto Trust Agreement dated May 27, 1992, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed as said Trustees. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -8- STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2002, before me personally appeared PAULINO P. GAMPON and FELISA T. GAMPON, Trustees of the Gampon Family Revocable Living Trust, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed as said Trustees. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -9- STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2002, before me personally appeared NANNETTE K. HARRINGTON and JOHN W. ®OOLITTLE, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -10- STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2002, before me personally appeared SUKEJI YAMAGATA, Trustee of the Sukeji Yamagata Revocable Living Trust dated February 8, 1992, and BETTY TOSHIKO YAMAGATA, Trustee of the Betty Toshiko Yamagata Revocable Living Trust dated February 8, 1992, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed as said Trustees. Signature Print or Type Name Notary Public, State of Hawaii My Commission Expires: -11- STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 2002, before me personally appeared LANCE D. DASSANCE, 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 domed. Signature Print or Type Name . Notary Public, State of Hawaii My Commission Expires: -12- STATE OF I~AWAI`I ) ss. COUNTY OF ~1AWA1`I ) On this day of , 2002, before me personally appeared LELAND MICHAEL_ EVERETT and IDA ILIFF PERKINS, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Signature Print or Type Name Notary Public, State of Fiawai`i My Commission Expires: -13- D~SCRZ'PTT®N EAS~ir4E7Vi° 2A Being a Easement, over crud across and upon a portion of Parcel 2, of the Kainaliu Diversion System KD-4 for access purposes Bring a portion of RP. 7534, L.C. A~ 8559-8:7" to I~V.C. Lun+~lilo Beginning at the Southwest corner of this strip of /and the coordinates of which referred to Government .survey Triangulation Station '~JU Oifs4C/"being 8415.7'6 feet North and 11822.69 feet East and running by azimuths measured clockwise from true South: 1. 137°23'30" 9 72 fret along Lot 68-1, along the remainder of R P. 7534, L.C. Ara. 8559-8 Apana 7 to 6~V.C. Lunalilo,• 2. 168°55' 6.32 feet along tits remainder of Parcel 2 of tine Kainaliu Diversion System KD-4, along tine remainder of RP. 7534, L.C. Aar 8559-8 Apana T to 9~l!C. Lunalilo; 3. 191 °28'30" 12.94 feet along the remainder of Parcel 2 of the Kainaliu Diversion System KD-4, along the remainder of RP. 7534, L.C. Aaa! 8559-B Apana 7 to d~!C. Lunalilo; 4. 216 °17" 17:58 feet along the remainder of Parcel Z of the Kainaliu Diversion System KD-4, along tine remainder of RP. 7534, L.C. Aar. 8559 B Agana 7 to W.C. Luraalilo,• 5. 7°20'30" 40 54 feet along Parcel 3 of the Kainaliu Diversion System KD-4, along tine r~rnainder of rQP. 7534, L.C. Absr. 8559-B Agana 7' to ~i!C. Luraalilo to tine point of beginning and containing an area of Z55 fit: ~p~~E ~ ~r JDi-lN D. WEEKS, I7ilG: ~ , c~q~ P~or€ssaor~ Lr~raa ~o' ~9Y lame 6B! Ito /Surveyor - lam. 5691 - y°9 ?y~,1. V 5~ December 2, 2001 John D. Yf/~ks, Inc. 7d-6B77Mamelohoo bfighway Ho/ualoa, blaavaii 96725 F~dIBIT "A" phone/fox• 3ZZ-z01r -14- . DESCRIPTTC)fV ~A.S~~l~TT` 3 Being a basement, aver and across and upon Parce/ 3 of the Kainaliu Diversion System KD~ for access purposes: Being a portion of RP. 7534, L.C. Aw 8559-B:7 to W.C. Lunalilo Beginning of the Southwest corner of this strip of land the coordinates of which referred to Government Survey 7°riangulation Station "PtJU 4K.~ll"being 8415.76 feet Il~rth and 11822.69 feet fast and running by azimuths nteasu~d cl®ckaa~ise front trot Soutdr•• 1. 187°20°30" 59.49 feet along Parcel 2 of the Kama/iu Diversion .System KD-4, along the nearaainder of ~2/' 7534, L.C. Aw 8559-B Apana 7 to W.C. Lunalilo, thence: Along Parcel 2 of the Kainaliu Diversion .System KD-4, on a curve to the right with a radius of 65.G~0 feet, the chord azimuths and distance being.. 2. 194°55'15" 1714 feet 3. 317°23'30" 36.24 feet slang the re~rtainder of existing 300.'1 foot wide Roadway,. 4. 7°20'30" 78.38 feet along Parcel ~ of the Kairaaliu Diversion System KD-4, along the remainder of R P. 7534, L.C. Aw 8559-B slpana 7 to ~8!C. Luna/i/o,• 5. 137®23'30" 39.13 feet along the remainder of existing 30.010 foot wide road~sry, to the point of beginning and containing an area of ~33c3 SgFt - ir~~ PROFESSIOPdAb \ ?!f~i . lATi55 - ~ev~rog ~ Blaine M! 1'to ~i~. ~9t .Surveyor / 110.5698 y,~ December 2, ZGt'31 John D. b~/~aeks, Irac. T~-68TH e~6aaara/ah®a /~/~hxray !-lolu~loa, Nats~aii 9b725 p/aane/{ax: 322,2®ll -15- DESCRIPTION Er4S~rNEAJ7° 4A Being a Easement, over and across and upon a portion of Parce/ 4, of the Kainaliu Diversion System KD-4 for access purposes Being a portion of s~P. 7534, L.C. Aatr. 85.59-B.•T to NS!G' Luna/i/o Begiivring of the l~rtheast corner of this strip of land the coordinates of which referred to government Survey 7`riangulation Station 'pf/U OH~(!"being 8490.56 feet North and 11869 37feet East and running by azimuths measured cloc/ras~ise front true South: 1. 317°23'30" 15.05 feet along Lot 5 Revised, along the remainder of R.P. 7534, L.C. ~tsv 8559-8 Apana 7 to W.C. Lunali/o,•~ 2. 51 °19' 26.31 feet along the remainder of Parcel 4 of the Kainaliu Diversion System KO-4, along the remainder of R.P. 7534, L.C. Assn. 8559-8 Aprana 7 f~v W.C. Lunalilo; 3. 18T°20'30" 7.97 feet along the remainder of Parcel 3 of the Kairtaliu Diversion System KD-4, along the remainder of RP. 7534, L.C. Atv. 8559-8 .*lpana 7 to W.C. Lueaalilo, thence: Along the remainder of Parce! 3 of the Kainaliu Diversion System KD-4, on a curve to the right sa~ith a curve radius of 35.00 feet, the chord azimuths and distance being: 205°25'48" 21.73 feet to the point of beginning and containing an area of 249 SgEt JOHN D. WEEKS, INC. W, it ~ ~eaasreA~ ~d9fESSlOPU~4 LAatD ~18FVE,(®~ ' ~9~ ~ ~ S/aine t1/. Ito /Surveyor - lam. 5691 December 2, 2001 John D. 64ieeks, I~oc. 78-6BT7rNotrsalahoc Highmony Koltraloo, Howoii 96TZ5 ~hon~/fax.• 322-2011 -16- . DESCi2t'PT1'ON EASEiHElV3'S 2B Being a Easement, over and across and upon a portion of Parcel 2, of the KainaUu ®iversion System KD-4 for utility purposes Being a portion of RP. 7534, L.C. Asap 8559-8:7 to W.C. Luralilo Beginning at the Southaaoest corner of this strip of land the coordinates' of ta~hich refer~^ed to cgovernment Survey 7`riangu/ation Station 'Jd/ ph{AU"beiraq 8532.93 feet North and 11714.92 feet east and running by azimuths measured c/ockavise from true South: 1. 137923'30" ~ 80 feet along Lot 6B-1, along the ramainder of RP. 7534, L.C. Aw 8559-8 Apana 7 to W.C. Lcwaali0o,• 2. 257°48' 69.57 feet along the remainder of Parce! 2, along the remainder of RP. 7534, L.C. Ae~ 8559-B Apara 7 to W.C. Lunalilo,• 3. 317®23'30" 580 feet along Lot 6~ 2, along the remainder of R.P. 7534, L.C. Aw 8559-B Apana 7 to 6~V.C. Lunnlilo,• 4. 77°48' 69.57 feet along the remainder of Parcel 2, along the remainder of RP. 7534, L.~ Ayer. 8559-B Apana 7 to IW.C. Lunalilo to the point of beginning and containing an area of 3~ SgEt. W /l JOHN D. W~'EKS, Z7UL: •~.~SYfR[D • ~ E~•SIO?dAt HMO WRVFYOR tdo.5~91 ` Blaine 44! X'to ~ Surveyor - No. 5691 December 2, 2001 John D. N/esks, Inc. 78-6~77~larrealoh~ 1•dighae~ay Ololualoa, Nowaii 96725 phoare/fax.• 322-2011 -17- r 6 ,a . 9R b ~ (1 ~ ^ 0 ~ ~ F Q q 6~ ~ pa'°s' 9 / ~ O.;b I i Q c e U e ~ LL r ~ O d1 Gb+'~ i L 0 feu \ n ~ { ~ c S ~ o n g~; n i i u ~af°= w°~l L W i S 'fi E ^•4~ U~` ~ Z s~ 0 ~ ~ ~ p«~3 ~ tt11 o ' ni,z? W U~ b Up. ! 1 Q ~ ~I~ r r ' - ~ ~ W °o ~ ~ ~ ~ ~ s m, r^ g ~ °1`'n w~ a; ~ a, T~ ~ '1 ~ 1~c?a~ U O O n ~ Y' k ~ v 'o ~Q ~ o ~ o ~ o 8~ ~ ~ ~u iii 0 W Q~r h Q O ~l 'O~ Lt~ 2 ~ ! ~ u Q 0 Y m ~ ~ l' U W+°i tea ~ F v, ~ Q~ Z Q Q m ~ a 2 ~ ~ W Q Q ~ ~a ° w a; Y ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ ~ Q Q 2 W Q ~ Z ~g n ~ Q _ h 6 9' zi IL ~ ~ W ~i ~ ~ m ~ ,l Q~2~~Q ~ e ~ ~ h r c~ I d ~ ti 2~ Q h ~ ~ ` - O ~ ~ e,~ ~ ~ ~ ~ ~ - l ;7` f E I~ ji Q a~~A „ W m 'd e .y a•t ~ ~~.T•r( ~ ~ 1l = I --~`'"e>~ ta~j ~ ~~t~~ ' 3~3~'~t _ n ,t~ ~ / ! 1 p i `k I ° ! iJ~ i } i -18-