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HomeMy WebLinkAboutCOM 0377.003 2002-2004 JNZY Oi NSW gay jV[n Lincoln S.T. As6ida Mayor a~ c* Cogxirotinn Counse! . ~ ~ - ~ i ~ ~Crarald Takaae ~i+i~o~•H~+~~ ' j' A.<sirtant Corporation Counsel (t~>Qixn#~r of ~ttiuttti ' 03 NOU 19 8(~ 8 17 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-