HomeMy WebLinkAboutRES 009 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 09 0:3
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF REAL PROPERTY FROM
KAIWIKI PROPERTIES, LLC, AND RS WILLIAMS, LLC, TAX MAP KEY:(3)2-8-015:002 (PORTION),
LOT 1, HONOMU TRANSFER STATION ACCESS ROAD.
WHEREAS, Kaiwiki Properties, LLC and RS Williams, LLC are the owners of Tax Map
Key:(3)2-8-015:002, a portion of which has been subdivided into Lot A, which is a 50-foot wide
right-of-way designated the Honomu Transfer Station Access Road, located at Kuhua, South Hilo,
Hawaii, consisting of approximately .680 acre, being more particularly described in the attached
Special Warranty Deed (Exhibit "1"); and
WHEREAS, this property currently accesses the County's Honomu Solid Waste Transfer
Station; and
WHEREAS, Kaiwiki Properties, LLC and RS Williams, LLC have graciously agreed to donate
the property to the County of Hawaii; and
WHEREAS, Kaiwiki Properties, LLC and RS Williams, LLC paid $225,478.86 for the subject
property (44.731 acres), which works out to $5,040.77 per acre. Therefore, the value of the donated
property (.680 acre) comes to $3,427.73; and
WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council
may accept gifts which include the donation of land on behalf of the County of Hawaii;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,
in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, that the County of
Hawaii accepts the real property in the attached Special Warranty Deed (Exhibit "1 and more
specifically identified as Tax Map Key:(3)2-8-015:002 (portion), for the Honomu Transfer Station
Access Road.
BB IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Kaiwiki
Properties, LLC, 688 Kino`ole Street, Suite 120, Flilo, Hawaii 96720; (2) RS Williams, LLC, 391
Kilauea Avenue, Hilo, Hawaii 96720; (3) Dennis K.W. Lee, Director of Public Works; and (4) Gerald
Takase, Assistant Corporation Counsel.
DATED: Hilo , Hawal`I, January 8, 2003.
INTRODUCED BY:
C U CIL ME 13ER, COUNTY OF H AI`I
s:ldeptldpw\honomu transfer stationlreso111-02\GTde.doc
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii -
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by CHUNG x
the vote indicated to the right hereof adopted by the ELARIONOFF
COUNCIL of the County of Hawaii on January 8, 2003 HOLSCNUH x
JACOBSON X
ATTEST:
LEITHEAD-TODD
REYNOLDS X
' j SAFARIK
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Reference C-2/PW&IRC-1
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ o~`~
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
TITLE OF DOCUMENT:
SPECIAL WARRANTY DEED
PARTIES TO DOCUMENT:
Grantors: KAIWIKI PROPERTIES, LLC, a Hawaii limited liability
company, whose address is 688 Kinoole Street, #120,
Hilo, Hawaii 96720, and RS WILLIAMS, LLC, a Hawaii
limited liability company, whose address is 391 Kilauea
Avenue, Hilo, Hawaii 96720;
Grantee: COUNTY OF HAWAII, a municipal corporation, whose address
is 25 Aupuni Street, Hilo, Hawaii 96720.
Affects: TMK (3) 2-8-15: por. 02 This document
Portion R.P. Gr. 616 contains
Ap. 2 to Kaawa pages
SUB 2002-0096
1
EXHIBIT "1"
C - Lf~r, 9-C~Pa~rR.G.
SPECIAL WARRANTY DEED
THIS INDENTURE, made this ~ day of ~Q~Pi`
2002, by and between KAIWIKI PROPERTIES, LLC, a Hawaii limited
liability company, whose address is 688 Kinoole Street, #120,
Hilo, Hawaii 96720, and RS WILLIAMS, LLC, a Hawaii limited
liability company, whose address is 391 Kilauea Avenue, Hilo,
Hawaii 96720, hereinafter called "Grantor", and the COUNTY OF
HAWAII, a municipal corporation, whose address is 25 Aupuni
Street, Hilo, Hawaii 96720, hereinafter called "Grantee",
W I T N E S S E T H
That Grantor, in consideration of ONE DOLLAR ($1.00) and
other good and valuable consideration to them paid by Grantee, the
receipt whereof is hereby acknowledged, does hereby grant,
dedicate and convey unto Grantee, its successors and assigns,
forever, the real property described in Exhibit A attached hereto
and made a part hereof.
TO HAVE AND TO HOLD the same, together with the rents, issues
and profits thereof, the improvements thereon, and the tenements,
rights, easements, privileges and appurtenances thereunto
belonging or appertaining or held and enjoyed therewith, unto
Grantee, as aforesaid.
2
Grantors, for themselves and their successors, do hereby
covenant with Grantee that they have good right to sell and convey
said premises; that the interest of Grantors are free and clear of
all encumbrances made by, through or under Grantors, except as
herein mentioned and current real property taxes, if any; and that
they will warrant and defend the same unto Grantee against the
lawful claims and demands of all persons claiming by, through or
under Grantors, except as aforesaid. This deed is made on an "AS
IS" basis with respect to any roadway or other improvements on
this property.
The rights and obligations of the Grantors and the Grantee
shall be binding upon and inure to the benefit of their respective
successors and assigns. All obligations undertaken by two or more
persons shall be deemed to be joint and several unless a contrary
intention shall be clearly expressed elsewhere herein.
The conveyance herein set forth and the warranties of the
Grantors concerning the same are expressly declared to be in favor
of the Grantee, its successors and assigns.
3
IN WITNESS WHEREOF, Grantors have executed these presents on
the day and year first above written.
KAIWIKI PROPERTIES, LLC
By: Laupahoehoe Far Ltd.
Its Managing e er
By
s President
John S. Tolmi Jr.
RS WILLIAMS, LLC
By < ~
E G. WI LIAMS
Its Managing Member
4
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
~ ~C~~~
On this ~t day of ~ 2002, before me
personally appeared JOHN S. TOLMIE, JR., to me personally known,
who, being by me duly sworn, did say that he is the President of
LAUPAHOEHOE FARMS, LTD., a Hawaii corporation, who is the
Managing Member of KAIWIKI PROPERTIES, LLC, a Hawaii limited
liability company, and that the instrument was signed in behalf
of said corporation by authority of its Board of Directors and
said Officer acknowledged the instrument to be the free act and
deed of said corporation as Managing Member of KAIWIKI
PROPERTIES, INC., a Hawaii limited liability company. The
corporation does not have a seal.
Notary Publi
State of Hawaii
MICHAEL I. NAGAI
My commission expires: ~
' anuary 21, 2003
5
. _
LOT A
0.68 ACRES
Being
HONOMU TRANSFER STATION ROADWAY ACCESS
(50-Feet Wide)
Portion of
Royal Patent Grant 616 Apana 2 to Kaawa
Kuhua, South Hilo, Hawaii, Hawaii
Beginning at a point at the northeast corner of this parcel
of land and on the southwesterly side of the Hawaii Belt Road
(Project No. SDR 3(12)) the coordinates of said point of
beginning referred to Government Survey Triangulation Station
"ALALA" being 15,736.47 feet North and 2,316.26 feet West and
running by azimuths measured clockwise from true South:
1. 320° OS' 50.00 feet along the southwesterly
side of the Hawaii Belt
Road (Project No. SDR
3 (12)) ;
2. 50° 08' 80.84 feet along Lot 2, remainder of
Royal Patent Grant 616
Apana 2 to Kaawa; thence
along a curve to the
right having a ra ius o
335.00 feet along Lot 2,
remainder of Royal Patent
Grant 616 Apana 2 to
Kaawa for the next three
3) courses the chord
azimuths and distances
being:
3. 65° 42' 30" 179.89 feet;
4. 81° 17' 317.07 feet; thence along a curve to
the left having a radius
of 30.00 feet, the chord
azimuth and distance
being:
5. 39° O1' 40.35 feet to a point at the
easterly side of the
Mamalahoa Highway;
6. 176° 45' 99.50 feet along the easterly side
of the Mamalahoa Highway;
thence along the Honomu
Transfer Station Site
Page 1 of 2 Pages
EXHIBIT "A"
along a curve to the left
having a radius of 20.00
feet, the chord azimuth
and distance being:
7. 309° O1' 29.60 feet;
8. 261° 17' 195.76 feet along the I-Ionomu
Transfer Station Site;
9. 261° 17' 121.79 feet along Lot 1, remainder of
Royal Patent Grant 616
Apana 2 to Kaawa; thence
along Lot 1, remainder of
Royal Patent Grant 616
Apana 2 to Kaawa along a
curve to the left having
a radius of 285.00 feet,
the chord azimuth and
distance being:
10. 245° 42' 30" 153.04 feet;
11. 230° 08' 80.84 feet along Lot l,remainder of
Royal Patent Grant 616
Apana 2 to Kaawa to the
point of beginning and
containing an area of
0.68 Acres.
PGE S YOS~`~7 M&E PACIFIC, INC.
O LICENSED G
O~ PROFESSIONAL
LAND
* SURVEYOR
100 Pauahi Stree is s d Pr essional Land Surveyor
Suite #208 No.29z7 er f cate o. 2927
Hilo, Hawaii 96720 y'41•yA~~ V$P•
April 30, 2002
Page 2 of 2 Pages
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