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HomeMy WebLinkAboutRES 124 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 124 03 (Draft 3) RESOLUTION ACCEPTING THE DEDICATION OF 1.112 ACRES, MORE OR LESS (FOR THE KEA`AU COMMUNITY CENTER) FROM W.H. SHII'MAN, 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 Hawai `i corporation, is the owner of a parcel containing an area of ] .l 12 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, the Kea`au Community Center has served the public interest for at least twenty years and the Council finds that acceptance of the subject real property is in the public interest; 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) 1-6-143-41, consisting of 1.112 acres, more or less, and all improvements on it, from W.H. SHIPMAN, LIMITED. BE IT FURTHER RESOLVED that a thank you letter be sent to W. H. Shipman and copies of this resolution be forwarded to the following: (1) W.H. Shipman, Limited, P. O. Box 950, Kea`au, Hawaii 96749; (2) Department of Public Works; (3) Department of Parks and Recreation, and (4) Ivan M. Torigoe, Deputy Corporation Counsel. Dated at: Iona , Hawaii, this 3rd day of Dec~nber , 2003. IN O CED C M B O Y HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI ~i I hereby certify that the foregoing RESOLUTION was by CHUNG 1; the vote indicated to the right hereof adopted by the ELARIONOFF COUNCIL of the County of Hawaii on December 3, 2003 HOLSCHUH JACOBSON ATTEST: REYNOLDS SAFARIK X TULANG TYLER X 7 C 2 0 ~ ? dJ S "'Y ' Reference C-401.3 ! COUNTY CLERK CHAI MAN & PRESIDING OFFICER RESOLUTION NO. (Draft 3 ) LAND COURT SYSTEM REGULAR SYSTEM 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 950, 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 E3uilding, 25 Aupuni Street, Hilo, Hawaii 96720 s:\ded\wh Shipman\dedication deed\9-02\IMTfc.wpd TMK: (3) 1-6-143-41 ~_.r~u 3CRv5 ~zy u3,~ 3~ DEDICATION DEED THIS DEED, made this $th 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 HA WAI`I, 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 i 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 -2- estate in fee simple, and chat 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 declazed 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 singulaz 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. W. IPMAN, LIMIT B Its Its T~ APPROVED AS TO FORM: Deputy Corporation Counsel County of Hawaii Date: G~i>~3 -3- STATE OF HA WAI`I ) SS. COUNTY OF HAWAII ) On this 8th day of January o`~3 ore me a ed • PPS Robert E. Cooper and Thomas T. $~glish , to me personally Irnown, who, being by me duly sworn, did say that they aze the President and Treasurer ,respectively, of W. H. SHIPMAN, LIMITED, that said instntment was signed on behalf of said corporation by authority of iLS Board of Directors; and that said officers aclmowledged said instrument to be the flee act and deed of said corporation. Signature L S, Daria L. Joaquin Print or Type Name Notary Public, Stale of Hawaii My Commission Expires: 10 / 13 / 2 0 0 6 -4- -IM M 1 L vot c.Y lvo ..ro~oJ H/GHWAY { © ..eO... O r n~ fdM4M// Nfwfu; GryJi - ;f [O. fT CONS. /93 9p Ac I`ry BI]Ye ~q ..rr enr.7~ J I f.fJ4 M. L if l r _7 J~ / I . ..t::e 'p'1'O .i ~3 is nfy nedf~ 1 O ..+11' Z,. .'d.". ~B 2~~. a O i AOgO 20 .O n.. , QO]l.V. ~efli A.. ~O.M9A¢ ~ e Ii4• AY O.iGi A.. 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