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Home My WebLink AboutRES 095 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 95 03 RESOLUTION ACCEPTING THE DEDICATION OF A 3.994 ACRE PARCEL AND A 3.923 ACRE PARCEL, MORE OR LESS (FOR PARK PURPOSES) FROM MACHADO ACRES ASSOCIATION, SITUATED AT WAIAKEA, SOUTH HILO, COUNTY AND STATE OF HAWAII, TAX MAP KEY (3) 2-4-060-001 & (3) 2-4-029-028, LOTS 33 AND 45 TO THE COUNTY OF HAWAII. WHEREAS, THE MACHADO ACRES ASSOCIATION, a Hawaii nonprofit corporation, is the owner of two parcels containing an area of 3.994 acres, and 3.923 acres, more or less, located in Waiakea, County and State of Hawaii, specifically identified as Tax Map Key (3) 2-4-060-001 & (3) 2-4-029-028, being more particularly described in the attached dedication deed (Exhibit "A") and delineated as area "2" on the Amendment to the Zoning Code Map, Exhibit "B" attached hereto; and WHEREAS, the Machado Acres Subdivision was developed as a Cluster Plan development (SUB 33153, July 20, 1972) including the subject two parcels as park or open space, allowing for development of residential parcels of approximately 10,000 square feet in area in an RS-15 zone; and WHEREAS, the Hawaii County Council in Ordinance 98-105, rezoned the subdivision's residential parcels to RS-10, to reflect the actual residential density, and Condition "B" of Ordinance 98-105 required MACHADO ACRES ASSOCIATION to dedicate the subject two parcels to the County for a park site; and WHEREAS, MACHADO ACRES ASSOCIATION is desirous of dedicating the subject unimproved parcels to the County of Hawaii for park purposes, in compliance with Ordinance 98-105, and the parcels have been inspected and approved for dedication by the County of Hawaii Department of Public Works, Department of Water Supply and the Planning Department; and WHEREAS, the County of Hawaii Department of Parks and Recreation is advised of the proposed dedication, and has no objection to it; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council may accept gifts which include the dedication 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 dedication deed (Exhibit "A") and more specifically identified as Tax Map Key (3) 2-4-060-001 & (3) 2-4-029-028, consisting of 3.994 acres and 3.923 acres, more or less, from MACHADO ACRES ASSOCIATION. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to (1) Machado Acres Association, 316 Ka Manelo Place, Hilo, Hawaii, 96720; (2) Department of Public Works; (3) Department of Parks and Recreation, and (4) Ivan M. Torigoe, Deputy Corporation Counsel. DATED at Hilo ,Hawaii, this 19~~ day of t1~Ver , 2003. INTRODUCED BY: COUN EMB UNTY AI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI 1 hereby certify that the foregoing RESOLUTION was by the eHUNC vote indicated to the right hereof adopted by the COUNCIL of E[,AR[oNOFF the County of Hawaii on Ivover,~ber l:', 2003 t~o[.sc[[ut[ g JACOBS()N li ATTEST: REVNO[.DS k AFARIK 1i TYLF;R - ' 1 ULAN: G Reference C-324/P&LI~1C COUNTY CLERKS CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ o"~ AFTER RECORDATION, RETURN BY: MAIL PICK UP ( ) TOTAL PAGES ~ TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: MACHADO ACRES ASSOCIATION, a Hawaii non-profit corporation, 316 Ka Manelo Place, Hilo, Hawaii 96720 GRANTEE: COUNTY OF HAWAII, a municipal corporation duly existing under, pursuant to and by virtue of the laws of the State of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720 PROPERTY DESCRIPTION: Portion of "Machado Acres Subdivision", LIBER/PAGE: situate at Waiakea, South Hilo, DOCUMENT NO.: 97-138918 Island and County of Hawaii, TRANSFER CERTIFICATE State of Hawaii OF TITLE NO.: TMK (3) 2-4-060-001 & 2-4-029-028 EXHIBIT "A" C - 3 2 ~%2 es .95-0 3 P<< ~`r DEDICATION DEED KNOW ALL MEAN BY THESE PRESENTS: That MACHADO ACRES ASSOCIATION, a Hawaii non-profit corporation, whose principal place of business and mailing address is 316 Ka Manelo Place, Hilo, Hawaii 96720, hereinafter called the GRANTOR, in accordance with and pursuant to Ordinance No. 98-105 of the County of Hawaii, for and in consideration of the sum of ONE DOLLAR ($1.00) to it in hand paid by the COUNTY OF HAWAII, a municipal corporation duly existing under, pursuant to and by virtue of the laws of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the GRANTEE, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the said Grantee, its legal successors and assigns, the property described in Exhibit A attached hereto and made a part hereof. TOGETHER with all and singular the rights, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same unto the said Grantee, its legal successors and assigns, in fee simple forever. And said Grantor does hereby covenant with said Grantee that it is lawfully seised in fee simple of said granted property and that it has good right to grant and convey the same unto the said Grantee; that said property is free and clear 2 of all encumbrances; and that it will, and its successors and assigns, shall warrant and defend the same unto the Grantee, its legal successors and assigns, against the lawful claims and demands of all persons. IN WITNESS WHEREOF the said Grantor has caused this instrument to be duly executed on this _ 24th day of July , 20 0l MACHADO ACRES ASSOCIATION Print name DELMAR B. KLECKNER ItS President By m t+R ~ Pnnt name xAw~rtvRa Its Vice President GRANTOR APPROVED AS TO FORM: DEPUTY Corporation Co sel County of Hawaii Date: ~i.~~` ~ 3 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this 24th day of July , 20 O1 ,before me personally appeared DELMAR B. KLECKNER and BR K AW M 1RA . t0 me known, who, being by me duly sworn, did say that they are the President and vice President respectively, of MACHADO ACRES ASSOCIATION, a Hawaii non-profit corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of DlreCtOfS, and said DELMAR B. KLECKNER and BRUCE K. KAWAMURA severally acknowledged said instrument to be the free act and deed of said corporation. Print Name: Fr nce S. ~mfiabata _ Notary Public, St of wail My Commission expires: 7/16/02 1 ~ -PARCEL FIRST:- All of that certain parcel of land situate at Waiakea, South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 33 of the "MACHADO ACRES SUBDIVISION, UNIT 1", as shown on File Plan Number 1279, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 3.994 acres, more or less. -PARCEL SECOND:- All of that certain parcel of land situate at Waiakea, South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 45 of the "MACHADO ACRES SUBDIVISION, UNIT 2", as shown on File Plan Number 1343, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 3.923 acres, more or less. HEING THE PREMISES ACQUIRED BY DEED GRANTOR HIROMU YAMANAKA, ROY K. NAKAMOTO and GEORGE H. SAKAMOTO, the last directors of Machado Acres Association, a Hawaii dissolved nonprofit corporation GRANTEE MACHADO ACRES ASSOCIATION, a Hawaii nonprofit corporation DATED October 8, 1997 RECORDED Document No. 97-138918 SUBJECT, HOWEVER TO: -AS TO PARCEL FIRST:- (A) The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the following: INSTRUMENT LAND PATENT GRANT S-15,032 DATED August 25, 1972 The foregoing includes, but is not limited to, matters relating to reservation of minerals, water and prehistoric and historic remains. EXHIBIT A (B) DESIGNATION OF EASEMENT "A-8" (3 feet wide) PURPOSE Pole Guy and Anchor SHOWN oct File Plan No. 1279 (C) DESIGNATION OF EASEMENT "A-9" (3 feet wide) PURPOSE Pole Guy and Anchor SHOWN on File Plan No. 1279 (D) DESIGNATION OF EASEMENT "B-1" (15 feet wide) PURPOSE Storm Drain SHOWN on File Plan No. 1279 (E) DESIGNATION OF EASEMENT "B-3" (15 feet wide) PURPOSE Storm Drain SHOWN on File Plan No. 1279 (F) DESIGNATION OF EASEMENT "B-4" (15 feet wide) PURPOSE Storm Drain SHOWN on File Plan No. 1279 (G) DESIGNATION OF EASEMENT "B-S" (20 feet wide) PURPOSE Storm Drain SHOWN on File Plan No. 1279 (H) GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC. and VERIZON HAWAII, INC. DATED July 2, 1973 RECORDED Liber 9358 Page 163 GRANTING a perpetual right and easement for utility purposes being within Easements "A-1" to "A-9" EXHIBIT A -PAGE 2 r -AS TO PARCEL SECOND:- (A) DESIGNATION OF EASEMENT "A-6" (3 feet wide) PURPOSE Pole Guy and Anchor SHOWN on File Plan No. 1343 (B) DESIGNATION OF EASEMENT "B-4" (20 feet wide) PURPOSE Storm Drain SHOWN on File Plan No. 1343 (C) DESIGNATION OF EASEMENT "B-5" (20 feet wide) PURPOSE Storm Drain SHOWN on File Plan No. 1343 (D) GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC. and VERIZON HAWAII, INC. DATED September 6, 1974 RECORDED Liber 10177 Page 208 GRANTING a perpetual right and easement for utility purposes being within Easements "A-1" to "A-6" GRANT TO COUNTY OF HAWAII, a municipal corporation DATED December 23, 1976 RECORDED Liber 11978 Page 579 GRANTING a perpetual non-exclusive easement of ingress and egress for drainage purposes, in, to, upon, across and over Easements "B-3", "B-4", and "B-5" EXH(B(T A -PAGE 3 ~ RS-15 P RS-15~o ~ [5 li = R 5 15 t,~ ` o ~ RS-15 i ~ ` °t0 Z$ R 1 5 ~ 1 i ~ ~ : ~ w 2 f 1-~. s [5-IS ~ a ~ ?~6 ~ ~ Z L ~ [ -If +w OP y. ~ ~ f,~ 4 \y •ur• Iwo H 15.565.42 S \d'o7- R _I w 3.087.46 E C!F 1 O i i ~ ~ ~ a Z w ~ [5-If ~ ~ R -1 r M \ s b [5-I5 t, v S 10 e l4 ~ f O _p~O 2 r a 1 °R° ~ frfler 1 ~ S-1 [f " ~ R5- 5 ~ u • a r ~ e+ O + ~ ~ w -1 15,734.55 S 3.635.ta E R - o O [ _lo R -1 5. '}'IALAP K. [5 10 [ -I ~ • s M [ -1 RS-1! R 5 15 A•7• ~ I * i s ~ PAR6~1 1 ~ ~ es Is o u I ~ ~ ' ~ ~ o ~ I , w R5 15 ~ ~w: ~Q ' y PARCH. 2 _ ~ BSI ~ ~ ; Fl0 0PEl1~0~ ~ ~1 .~.~.a• frfaeT: w ALR6 ~ R5 1 ~ 1 A-5• I I 1F--IT'-,7 R5 15 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL (RS-15) TO SINGLE FAMILY RESIDENTIAL (RS-10) AND OPEN (0) AT WAIAKEA, SOUTH HILO, HAWAII. PREPARED BY :PLANNING DEPARTMENT COUNTY OF HAWAII 7MK ~ 2-a-29:73 to 31, 33 to a7, a9 to 58 and 2-a.60: t to 33 JULY 76. 79~ (P~°nnmq O'n.ca (uecn°°e woo EXHIBIT "B"