HomeMy WebLinkAboutCOM 0377.003 2002-2004 JNZY Oi NSW
gay jV[n Lincoln S.T. As6ida
Mayor a~ c* Cogxirotinn Counse!
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- ~ i ~ ~Crarald Takaae
~i+i~o~•H~+~~ ' j' A.<sirtant Corporation Counsel
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OFFICE OFTCE CORPORATION COUNSEL CGUi _ ,~,,:1~ni,~ll
101 Aupuni Street. Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (1 `M~~2 '
November 18, 2003
James Y. Arakaki, Chairman
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki:
Re: Old Kalapana-Pahoa Road
Resolution 119-03
Attached is a copy of the Road Transfer Agreement that we sent to Mr. Lee,
Mr. Hilton and Mr. Kernodle. We have obtained the signatures of Mr. Lee and
Mr. Hilton. We do not foresee any problem with Mr. Kernodle signing the agreement, but
to date have not received back his signature page. This may be due to the time it takes
for the mail to get to Thailand.
Sincerely,
G A~~KASE
Assistant Corporation Counsel
GT:de
Enc.
Comm. No. 17.3
Ref. To: ~ 1
Ref. Date ~nl/~~ ,~n_
ROAD TRANSFER AGREEMENT
IT IS AGREED by and among C. LORAN LEE ("Lee"), whose residence and
mailing address is 13-3775 Kalapana Highway, Pahoa, Hawaii 96778; HILTON
PROPERTIES, LTD., by Justin Hilton ("Hilton"), whose residence and mailing address
is 12-197 Kipuka Street, Pahoa, Hawaii 96778; and WAYNE T. KERNODLE
("Kernodle"), whose residence and mailing address is 701 MUI, Tombon Bangkok
Omper, Meang Uttaradit, Thailand 53000, that pursuant to the request of the County
Council of the County of Hawai'I for the approval of the road transfer as set forth in
Resolution 119-03, as a condition for the County's abandonment, exchange, and sale of
a portion of the Old Pahoa-Kalapana Road, portion of Tax Map Key:(3)1-3-001, to Lee,
that Lee, Hilton and Kernodle, their respective heirs, personal representatives,
devisees, successors and assigns, will not require the County, its successors and
assigns, to improve or maintain the subject roadway, identified as to Old
Pahoa-Kalapana Road.
This agreement may be executed in any number of counterparts by any party
hereto, all of which together shall constitute one and the same instrument. Signatures
transmitted by facsimile shall be treated and accepted as original signatures, provided
that the parties agree to send immediately an original executed signature page to
replace the facsimile copy.
-1-
IN WITNESS WHEREOF the parties hereto have caused these presents to be
executed on the day and year first above written/.
4
C. LO
HILTON PROPERTIES, LTD.
By
WAYNE T. KERNODLE
APPROVED AS TO FORM
AND LEGALITY:
G ALD TAKA~
Assistant Corporation Counsel
County of Hawaii
Road Transfer Agreement
C. Loran Lee/Hilton Properties, Ltd./Wayne T. Kernodle
Old P~hoa-Ka/apana Road
TMK:(3)1-3-001 (portion)
-2-
IN WITNESS WHEREOF the parties hereto have caused these presents to be
executed on the day and year first above written.
C. LORAN LEE
HILTO,N~ PERTIE~~TD.
i
By _
WAYNE T. KERNODLE
APPROVED AS TO FORM
AND LEGALITY:
GERALD TAKASE
Assistant Corporation Counsel
County of Hawaii
Road Transfer Agreement
C. Loran Lee/Hilton Properties, Ltd./Wayne T. Kernodle
Old P~hoa-Ka/apana Road
TMK: (3)1-3-001 (portion)
-2-