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Home My WebLink AboutCOM 0401.001 2002-2004Joseph Reynolds Council Member November 20, 2003 COUNTY COUNCIL County ofHawai'i Kona Council Office 77-6399 Nalant Street, Suite 104 Kailua-Kona, Hawaii 96740-8980 MEMORANDUM TO: Council Chair James Y. Arakaki And Members Of The Hawaii County Council FROM: Joe Reynolds, Council Member 10 1 /,(w RE: Resolution 124-03, Draft 2 Tel: (808) 326-5684 Fax: (808) 326-5697 Attached for consideration is Resolution 124-03, Draft 2. Draft 2 is the result of a friendly amendment made during the November 18, 2003 PEMC committee meeting. This amendment adds language in the "be it further resolved" clause to send a thank you letter to W.H. Shipman, Limited, for the donation of land to the County. If you have any questions, please feel free to call Wally lida at 961-8495. Mahalo. Attachments ReS. /2 -D • )- Comm. Na:• I Ref. �eae"To Ref. Date AQ4.g RESOLUTION NO. STATE OF HAWAII 124-03 (Draft 2) RESOLUTION ACCEPTING THE DEDICATION OF 1.112 ACRES, MORE OR LESS (FOR THE KEA`AU COMMUNITY CENTER) FROM W.H. SHIPMAN, LIMITED, SITUATED AT KEA`AU, DISTRICT OF PUNA, COUNTY AND STATE OF HAWAII, TAX MAP KEY (3) 1-6-143-41 TO THE COUNTY OF HAWAII. WHEREAS, W.H. SHIPMAN, LIMITED, a Hawaii corporation, is the owner of a parcel containing an area of 1.112 acres, more or less, located in Kea` au, County and State of Hawai `i, specifically identified as Tax Map Key (3) 1-6-143-41, being more particularly described in the attached dedication deed and delineated on Exhibit "B" attached hereto; and WHEREAS, W.H. SHIPMAN, LIMITED is desirous of dedicating the subject parcel, including all improvements thereon, to the County of Hawaii for a community center, which parcel has been subdivided out in compliance with Chapter 23, Hawaii County Code as certified by the County of Hawaii Department of Public Works, Department of Water Supply and the Planning Department; and WHEREAS, the subject parcel and its facilities have since at least 1983 housed senior programs for the County of Hawaii Department of Parks and Recreation, Elderly Activities Division, and are the only public community facilities open to public reservation and use in the Kea` au Area; and WHEREAS, the County of Hawaii Department of Parks and Recreation is advised of the proposed dedication, and has plans and funding for continuing its use as a community center and making necessary repairs and improvements, and recommends acceptance of 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; n • RETURN BY MAIL TO: Office of the Corporation Counsel '(IMT) County of Hawaii Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 4 Pages TITLE OF DOCUMENT DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: W. H. SHIPMAN, LIMITED, a Hawaii corporation, whose principal place of business is at Kea`au, Hawaii, and whose mailing address is P. O. Box 9501 Kea`au, Hawaii 96749 GRANTEE: COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, Hawaii 96720 s:\ded\wh shipman\dedication deed\9-02\IMTfc.wpd TMK: (3) 1-6-143-41 DEDICATION DEED THIS DEED, made this 8th day of January, 2003, by W.H. SHIPMAN, LIMITED, a Hawaii corporation, whose principal place of business is at Kea`au, Hawaii, and whose mailing address is P.O. Box 950, Keaau, Hawaii 96749, hereinafter called the "Grantor," and the COUNTY OF HAWAII, a municipal corporation, whose principal place of business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee," WITNESSETH: That in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby grant, dedicate and convey unto the Grantee, its successors and assigns, forever, the real property hereinbelow described: All that certain Lot 5, consisting of 1.112 acres, as shown on Map 1 of Land Court Consolidation .191, and further described in Transfer Certificate of Title 517,987 TOGETHER with the reversions, remainders; rents, issues and profits thereof, and all improvements, rights, easements, privileges and appurtenances thereunto belonging or appertaining, and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto. SUBJECT TO the reservation unto the State of Hawaii of all mineral and metallic mines. TO HAVE AND TO HOLD the same, unto the Grantee, for the purpose of a community center and public park facility, forever. And the Grantor, for itself, its successors and assigns, hereby covenants and agrees to and with the Grantee that upon the execution of this conveyance it is seised of said property in an IPA • • estate in fee simple, and that the same is free and clear of all encumbrances, except as aforesaid, and said Grantor further covenants and agrees that it will warrant and defend the fee simple title conveyed and intended to be conveyed against the lawful claims of all persons. The rights and obligations of the Grantor and the Grantee shall be binding upon and inure to the benefit of their respective estates, heirs, personal representatives, successors, successors in trust 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 Grantor concerning the same are expressly declared to be in favor of the Grantee, its successors and assigns. The terms "Grantor" and "Grantee," as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine or feminine, the singular or plural number, individuals or corporations, and their and each of their respective successors, heirs, personal representatives and assigns, according to the context thereof. IN WITNESS WHEREOF, the Grantor has executed these presents on the day and year first above written. APPROVED AS TO FORM: Deputy Corporation Counsel County of Hawaii Date: W. IPMAN, LIMIT B Its By its j �L -3- • STATE OF HAWAVI ) SS. COUNTY OF HAWAII • On this 8th da f Januar �3 y oY , 26M before me appeared Robert E.. Cooper and Thomas T. English , tome personally known, who, being by me duly sworn, did say that they are the President and Treasurer , respectively, of Vel_ H_ SMPMAN, LIMITED, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that said officers -acknowledged said instrument to be the free act and deed of said corporation_ A Signature Daria L. Joaquin Print or Type Name Notary Public,'State of Hawaii My Commission Expires: 10/13/2006 -4- Kv. V. Ti N%II •.' L• O• V I/OL c a No HIGHWAY F A. P. No. F-0//-2(21 Ict.re GLa/ /OGD ,••Oe '� n.ao O: O . J•/7 �(�/ACk %iCld NON^i%, CG/b� JG `• r'• L D. .Cr CONS. /93 0.647Aa. o : 4``.' 'ds. Se.25 0lyy.�8 i3O t ;tfie ;iG +1 __ _ _ i /49.0/ �.6�'@-._• J/�./.: 8 — e./JG a/!.C6e � e 2.4/70aQ��I �~:�`w r/X�2_5/� t6r•MIII II I I J: II1 II II I • Lr56`.4C7rq 7 eoAn�G7, JZZ 4.34 Z jtt'�-: Dr 33 iok0,4410 23 26• 23 F. O i ROAD �20 ' ry •s 0 HSG[ o Al Cto�n / y .fQ ..(`� O 2 s .✓•.. e bNoW%. a 'seea O•G75.9c. O.t/9 Ac. O.QG��c a be//ri' u O.'�G9 Ac. o w '► �` • 17 I6I4a.»f `13/.eoo,o 7 eek ♦ 11 / �3ao.c' a 13 1,1e 10 /7Oosj g 7 e.3»Ae. V. Q 0 -360. r/-Ai}o. ,� %6 Hswrii fle�s/y � n a Ac. h �� 9c�� 8 d `38 0.7ZO A.- ` e•Je-ev i . b Q 42 35 /- 9/0 Aca. Q. 3 oy p 4: V A y � yr cO 4 f-112. A. ? 41 G oy 1 8O VPT Y 448 Ac. 39 29 30 ems_ t je P. t 31 L fw ea S tk D,t Q� DEPARTMENT Of TAXATION — d 12 (PV71 Fedrn/ C-idif dnian, .very:../i /e/i o/ n.� y PROPERTY TECHNICAL O"KM N..S/. siSl,�.+r�s, LtJ. Fedt/o/ Chor%r Ne.j�59J/t ..:i... O/A/lw%I nc{y/. TAX MAPS BRANCH INSET STATI O/ 14AWAN TAX MAP 246 THIRD TAXATION DISTRICT ZONE SEC. PLAT 48 r FOR PROPERTY ASSESSMENT PURPOSES ( 1143 SUBJECT TO CHANGE SCALE. 1 IN. o loo F -r. xt41 BIT