HomeMy WebLinkAboutRES 149 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 149 04
(Draft 2)
RESOLUTION AUTHORIZING THE ACCEPTANCE OF ROADWAY LOT E, SITUATE AT
KEALAKEHE, NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAI`l, BEING ALSO A
PORTION OF THE GOVERNMENT LAND OF KEALAKEHE, BEING ALSO A PORTION OF LOT 2 OF
THE VILLAGES OF LA`I`OPUA, PHASE 1 AS SHOWN ON FILE PLAN 2128 FILED IN THE OFFICE OF
THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII, IDENTIFIED AS TAX MAP
KEY:(3)7-4-020: Por. 2
WHEREAS, the State of Hawaii is the owner of Roadway Lot E, containing an area of 0.633 acre, situate at
Kealakehe, North Kona, Island, County and State of Hawaii, being a portion of the Government Land of
Kealakehe, being also a portion of Lot 2 of The Villages of La`i`opua, Phase 1 as shown on File Plan 2128 filed in
the Office of the Bureau of Conveyances of the State of Hawaii, identified as Tax Map Key:(3)7-4-020: Por. 2
(hereinafter "subject parcel"); and
WHEREAS, the Housing and Community Development Corporation of Hawaii has requested the subject
parcel from the State of Hawaii, for roadway improvements by McClean Honokohau Properties, LLC to provide
access from Kealakehe Parkway to the adjacent Roadway Lot G, also constructed by McClean Honokohau
Properties, LLC, identified by Tax Map Key:(3)7-4-024:13; and
WHEREAS, the State of Hawaii has agreed to transfer the subject parcel to the County of Hawaii by Land
Patent Grant No. S-15,959 (see attached) upon completion of all road and utilities improvements necessary for
dedication; and
WHEREAS, the County of Hawaii Department of Public Works, Planning Department and Department of
Water Supply have certified to the County Council that the subject roadway improvements have been constructed in
full compliance with all applicable requirements of Hawaii County Code Chapter 23, the Subdivision Code, and
are in acceptable condition for dedication; and
WHEREAS, Article XIII, Section 13-12, of the Hawaii County Charter, provides that the Council may
accept 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
Roadway Lot E, containing an area of 0.633 acre, situate at Kealakehe, North Kona, Island, County and State of
Hawaii, identified as Tax Map Key:(3)7-4-020: Por. 2, for the roadway improvements planned in the Kaloko
Industrial Park Area.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to (1) Finance Director William
Takaba; (2) Director of Public Works Bruce C. McClure; and (3) Deputy Corporation Counsel Patricia O'Toole.
Dated at Hilo , Hawaii, this 5th day of March , 2004.
INTRODUCED BY:
COUNCIL MEMBER, C LINTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by the CHUNG X
vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X
the County ofHawai`i on March 5 , 2004 HOLSCHUH X
ATTEST: JACOBSON X
REYNOLDS X
~ ~ SAFARIK X
r
TULANG X
TYLER X
g 0 1 0
Reference C - 4 7 6.1
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. (Draft 2 )
)
)
)
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LAND COURT SYSTEM ) REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
Total Number of Pages:
Tax Map Key No. (3)7-4-20:Por. 2
PATENTOR: STATE OF HAWAII
PATENTEE: COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
LAND PATENT GRANT NO. S-15,959
BY THIS PATENT the State of Hawaii, in conformity with
the laws of the State of Hawaii relating to public lands,
pursuant to the approval by the Board of Land and Natural
Resources on April 12, 2001, and acting pursuant to Section
171-95(a)(1), Hawaii Revised Statutes, makes known to all men
that it does this day grant and confirm unto the COUNTY OF
HAWAII, whose address is 25 Aupuni Street, Hilo, Hawaii 96720,
hereinafter referred to as the "Patentee," for good and valuable
consideration, the receipt whereof is hereby acknowledged, all of
the land situate at Kealakehe, North Kona, Island of Hawaii,
Hawaii, being designated "Roadway Lot E," containing an area of
0.633 acre, more particularly described in Exhibit "A" and
60961_1
MIEIIM. APPR'D.
DEPARTMENT OF LAND AND NATURAL RESOURCES Wpenman~ o(IM
LANO DMSN7N Ano...ry G~ns~al
P.Q lO%C!t
110NO11ML,lMWM OGl00
delineated on Exhibit "B," both of which are attached hereto and
made parts hereof, said exhibits being respectively, a survey
description and survey map prepared by the Survey Division,
Department of Accounting and General Services, State of Hawaii,
both being designated C.S.F. No. 23;221 and dated January 25,
2002.
RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND
ASSIGNS, THE FOLLOWING:
(1) All minerals as hereinafter defined, in, on or
under the land and the right, on its own behalf or through
persons authorized by it, to prospect for, mine, and remove these
minerals and to occupy and use so much of the surface of the
ground as may be required for all purposes reasonably extending
to the mining and removal of these minerals by any means
whatsoever, including strip mining. "Minerals," as used herein,
shall mean any or all oil, gas, coal, phosphate, sodium, sulphur,
iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore,
boehmite, laterite, gibbsite, alumina, all ores of aluminum and,
without limitation thereon, all other mineral substances and ore
deposits, whether solid, gaseous, or liquid, including all
geothermal resources, in, on, or under the land, fast or
submerged; provided, that "minerals" shall not include sand,
gravel, rock, or other material suitable for use and used in
general construction in furtherance of the Patentee's permitted
activities on the land and not for sale to others.
(2) All surface and ground waters appurtenant to the
land and the right on its own behalf or through persons
authorized by it, to capture, divert, or impound the same and to
occupy and use so much of the land as may be required in the
exercise of this right reserved.
Provided, however, that as a condition precedent to the
exercise of the rights reserved in Paragraphs 1 and 2, just
compensation shall be paid to the Patentee for any of Patentee's
improvements taken.
AND THE PATENTEE, for itself, its successors and
assigns, covenants with the State of Hawaii, and its successors
as follows:
A) The use and enjoyment of the land herein granted
shall not be in support of any policy which discriminates against
anyone based upon race, creed, sex, color, national origin,
religion, marital status, familial status, ancestry, physical
60961_1 ~
-2-
PpEIIM. APPP.'D.
pepanmanl d rho
DEPARTMENT OF LAND AND NATURAL RESOURCES Atlom<y G~naal
LAND DMSION
no. eoz exi
IgNOLULU. NAWM MlOG
handicap, disability, age or HIV (human immunodeficiency virus)
infection.
B) The use of the land shall be in combination,
consolidation, or otherwise with other abutting lands owned by
the Patentee and shall be used in accordance with the appropriate
zoning and subdivision ordinances of the County of Hawaii.
C) Should the roadway herein granted be vacated,
closed, abandoned, or discontinued, disposal of same shall be in
accordance with the provisions of section 269-3, Hawaii Revised
Statutes.
SUBJECT TO rights of native tenants and regulatory
rights and ownership rights (if any) of the State of Hawaii
established pursuant to state law including Chapter 6E, Hawaii
Revised Statutes, over prehistoric or historic remains found in,
on, or under the land.
TO HAVE AND TO HOLD said granted land unto the said
Patentee, its successors and assigns forever, subject, however,
to the reservations, conditions and covenants herein set forth.
60961 1
-3-
PRF.IIM. APPR'D.
DEPARTMENT OF LAND ANO NATURAL RESOURCES ~wponnroM el the
LAND DMSION Anemw ~+e^erel
x. aoz a~
IgNOIUlAJ. 1111WM Po00e
IN WITNESS WHEREOF, the State of Hawaii, by its Board
of Land and Natural Resources, has caused the seal of the
Department of Land and Natural Resources to be hereunto affixed
and this Patent to be duly executed this day of
20
STATE OF HAWAII
Approved by the Board
of Land and Natural
Resources at its
meeting held on By
April 12, 2001. Chairperson and Member
Board of Land and
Natural Resources
PATENTOR
APP/ROVED AS TO FORM:
w COUNTY OF HAWAII
Deput Attorn y General
Dated: - 2 -4 3
By
HARRY KIM
Its Mayor
PATENTEE
APPROVED AS TO FORM
AND LEGALITY:
RECOMMEND APPROVAL:
Deputy Corporation Counsel
Dated: Director of Public Works
( r.eu~,. r•vre•o.
1 n,pan n.oM^ot ~~,e
nnon.:v ^erol
60961_1
_4_
DEPARTMENT OFLAND AND NATURAL RESOURCES
LANO DMSION
P.O. W%021
IIONOIUIL, II~WN YOlQY
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 20 ,
before me personally appeared HARRY KIM, to me personally known,
who, being by me duly sworn, did say that he is the Mayor of the
COUNTY OF HAWAII, a municipal corporation of the State of Hawaii;
that the seal affixed to the foregoing instrument is the
corporate seal of the said County of Hawaii; that the foregoing
instrument was signed and sealed in behalf of the County of
Hawaii by authority given to said Mayor of the County of Hawaii
by Section 5-1.3(g) of the County Charter, County of Hawaii
(1991), as amended, and said HARRY KIM acknowledged said
instrument to be the free act and deed of said County of Hawaii.
Notary Public, State of Hawaii
My commission expires:
rpl;.,. HYPE: D
i ,,;n me-~ ei ihr
...rnr..<y S^rmo~
60961_1
-5-
DEPARTMENT OFLANOAND NATURAL RESOURCES
LANG DMSION
P.Q lOX tl1
IgNOYILU, INWN Ml00
• I y,`
'•N~• ~i
STATE OF HAWAII
SURVEY DNISION
DEPT. OF ACCOUNTING AND GENERAL SERVICES
C.f.F. N°- 23.221 HONOWW January 25, 2002
ROADWAY LOT E
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakehe.
Being also portion of Lot 2 of The Villages of La'i'opua, Phase 1
as shown on File Plan 2128 filed in the Office of the Bureau of
Conveyances of the State of Hawaii.
Beginning at the southeast corner of this pazcel of land and on the
north side of Kealakehe Pazkway, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KEAHUOLU" being 8135.58 feet North
and 5044.77 feet East, thence running by azimuths measured clockwise from True
South:-
1. Along the north side of Kealakehe Pazkway on a curve to the left with a radius of
2900.00 feet, the chord azimuth and
distance being:
75° 39' 99.31 feet;
2. Thence along the remainder of Lot 2 of The Villages of La'i'opua, Phase 1 as
shown on File Plan 2128 on a curve to
the left with a radius of 20.00 feet, the
chord azimuth and distance being:
210° 09' 34" 28.04 feet;
PRELIM. MPA'D.
papoAmsnl d IM
""°'n"`'"°`°' -1- EXHIBIT "A"
C.S.F. N°. 23,221 January 25, 2002
3. 165 ° 39' 38.33 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
4. 75° 39' 20.00 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
5. 165 ° 39' 60.00 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
6. 255 ° 39' 20.00 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
7. 165° 39' 8.11 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
8. Thence along the remainder of Lot 2 of The Villages of La'i'opua, Phase 1 as
shown on File Plan 2128 on a curve to
the right with a radius of 2530.00 feet,
the chord azimuth and distance being:
167° 46' 25" 187.50 feet;
9. 169° 53' S0" 108.34 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
10. 259° 53' Son 60.00 feet along R.P. 6855, L.C.Aw. 9971, Ap. 9
to W. P. Leleiohoku;
11. 349° 53' S0" 108.34 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
PRELIM. APPP'D.
O~parlm~m of IM
AMem~y Gn~rol
-2-
C.S.F. No. 23'221 January 25, 2002
12. Thence along the remainder of Lot 2 of The Villages of La`i'opua; Phase 1 as
shown on File Plan 2128 on a curve to
the left with a radius of 2470.00 feet, the
chord azimuth and distance being:
347° 46' 25" 183.05 feet;
13. 345 ° 39' 8.11 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
14. 255° 39' 17.00 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
15. 345° 39' 60.00 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
16. 75 ° 39' 17.00 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
17. 345 ° 39' 38.33 feet along the remainder of Lot 2 of The
Villages of La'i'opua, Phase 1 as shown
on File Plan 2128;
rxroM .~rP~~,
°encnmenl of Cw
AHnrnay Genoral
-3-
c.s.F. N°. 23,221 January 25, 2002
18. Thence along the remainder of Lot 2 of The Villages of La'i'opua, Phase 1 as
shown on File Plan 2128 on a curve to
the left with a radius of 20.00 feet, the
chord azimuth and distance being:
301° O8' 26" 28.04 feet
to the point of beginning and containing
an AREA OF 0.633 ACRE.
SURVEY DIVLSION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
By: ~
Glenn J. Kodani
Land Surveyor gm
Compiled from map Earn. by
Belt Collins Hawaii, Ltd.,
CSFs 22506, 22507, File Plans
2067, 2128 and other Govt. Survey
Records.
fRf!b+ Pnvr'r',_
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AHOn:ey ',er:cra!
"Y~
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R.P. 6855, L.C. Aw. 9971, Apana 9 to W.P. Leleiohoku
259'53'50" - 2147.16 1S p
1190.84 60.00 696.32 Q
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Go~e1~t~` rn
34539' 6.11
16539' 8.11 _ 25539_17.00___
255'39' 20.00
o i
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g ~ 7539' 17.00
7539 7A.00 ~ o
n Yi
i I~361'06~26~ 26.04
' 210'0934' 26.W ~ 1 R•20.00
236N'66' 1A0
R~20.00 1 ~ ' 7559 ~ 99.31 ( R~2900.09
74'39'Of' 1.M 1
R.2900.99 6155.56 N 1
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KEALAKEHE PARKWAY
REDUCED NOT TO SCALE
ROADWAY LOT E
Kealakehe, North Kona, Island of Hawaii, Hawaii
ao6 H-1s9(o1) Scale: 1 inch 60 feet EXHIBIT ~t~ff
a aw
T,uc W1r 7-4-20'P« = SURVEY DIVISION
DEPARTMENT OF ACCOUNTING ANO GENERAL SERVICES
~~F. 25,22. STATE OF HAWAII roR .aRUan :5, :992