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Home My WebLink AboutRES 150 Draft 03 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 150 0~ (Draft 3) RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION OF REAL PROPERTY FROM FRANK GOMES AND BETTY DOI GOMES; TAX MAP KEY NO. (3) 7-5-018:009. WHEREAS, Frank Gomes and Betty Doi Gomes are listed in the Hawaii County Real Property Tax Office records as the owners of real property in Wai`aha 1 s`, North Kona, Hawaii, specifically Tax Map Key No. (3) 7-5-018:009; consisting of approximately 0.070 acre, being more particularly described in the attached deed and delineated on Exhibit "B" attached hereto; and WHEREAS, this property is part of the present Ali`i Drive right-of--way, which was either acquired by the County as part of the 1940 realignment of the Kailua-Keauhou Beach Road (now known as Ali`i Drive), or was a portion of the original Kailua-Keauhou Beach Road; and WHEREAS, Frank Gomes and Betty Doi Gomes have graciously agreed to donate this property to clear title to the County ofHawai`i as an addition Yo the Ali`i Drive right-of--way; and WHEREAS, all grants of easements over the subject property Cor access and utility purposes to the adjacent parcels, previously granted by Frank Gomes and Betty Doi Gomes, will not be required after the acceptance of the subject real property by the County of Hawaii for public roadway purposes; and WHEREAS, all grants of easements over the subject property for access and utility purposes to the adjacent parcels will be extinguished after the acceptance of the subject real property by the County of Hawaii; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the Council, on behalf of the County of Hawaii, may accept gifts or donations of real property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the County of Hawaii accepts the donation of real property, identified as Tax Map Key No. (3) 7-5-018:009, consisting of approximately 0.070 acre, from Frank Gomes and Betty Doi Gomes, and said donation be made a part of the Ali`i Drive right- of-way. BE IT FURTHER RESOLVED that a letter of appreciation be sent to Frank Gomes and Betty Doi Gomes. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to (1) Frank Gomes and Betty Doi Gomes, 3063 Kahaloa Drive, Honolulu, Hawaii 96822; (2) Department of Public Works; (3) William Takaba, Director of Finance; and (4) Patricia K. O'Toole, Deputy Corporation Counsel Dated at xona , Hawaii, this 16th day of ,Tune , 2004. INTRODUCED BY: COUNCIL MEMBE OUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI 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 of Hawaii on , un 1 6 , ?004 HOLSCHUH X JACOBSON X ATTEST: REYNOLDS X SAFARIK X TULANG X TYLER X 8 0 1 0 Reference ~ - 4 9 G . 2 / FC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. o~ (llraf t 3 ) 1 LAND COURT SYSTEM REGULAR SYSTEM RETURN BY MAIL TO: Office of the Corporation Counsel (PKO) County of Hawaii Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 6 Pages TITLE OF DOCUMENT WARRANTY DEED PARTIES TO DOCUMENT: GRANTORS: FRANK GOMES and BETTY DOI GOMES, husband and wife, whose residence and mailing address is 3063 Kahaloa Drive, Honolulu, Hawaii 96822 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 , TAX MAP KEY (3) 7-5-018:009 s:\ded\gomes\warrenty deed\3-25-04\PKOfc.wpd WARRANTY DEED ' 1 KNOW ALL MEN BY THESE PRESENTS: That, FRANK GOMES and BETTY DOI GOMES, husband and wife, whose mailing address is 3063 Kahaloa Drive, Honolulu, Hawaii 96822, hereinafter called the "Grantors," for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to them paid by the 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, County and State of Hawaii 96720, hereinafter called "Grantee," the receipt of whereof is hereby acknowledged, do hereby grant, bazgain, sell, dedicate and convey unto the said Grantee, its legal successors and assigns, for roadway purposes, the following described property: That certain portion of land situate at Waiaha 1", North Kona, Island of Hawaii, State of Hawaii, containing an azea of 0.070 acre, more or less, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by reference. TO HAVE AND TO HOLD the same unto the said Grantee, its successors and assigns, in fee simple forever. SUBJECT, HOWEVER, to the reservation unto the State of Hawaii of all mineral and metallic mines. And the Grantors, for themselves, theirs heirs, devisees, personal representatives and assigns, hereby covenant and agree to and with the Grantee that upon the execution of this conveyance they are seised of said property in an estate in fee simple, and that the same is free -2- and clear of all encumbrances, except as aforesaid, and that they have good right and lawful authority to sell and convey the same as aforesaid; and said Grantors fiuther covenant and agree 1 that they will warrant and defend the fee simple title conveyed and intended to be conveyed against the lawful claims of all persons. IN WITNESS WHEREOF the said Grantors have caused this instrument to be duly ~ 2004. executed on this ~(i day of i o , ~FCA~~~/~~~ NK GOMES 6I~-~ BETT DOI GOMES RECOMMEND APPROVAL: DEPARTMENT OF PUBLIC WORKS ~ ~~no By: BRUCE MCCLURE Its Director APPROVED AS TO FORM AND LEGALITY: By: ~ ' \ ~ ' PATRICIA K. O'TOOLE Deputy Corporation Counsel -3- I STATE OF HAWAII ) ss. CITY AND COUNTY OF HONOLULU ) On this i~)~~ day of ~jQ~~," 2004, before me personally appeared FRANK GOMES and BETTY DOI GOMES, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same and their free act and deed. Win, l l ----7 L ~ ~ ~ i/ Signature ~/tc~-or- Print or Type Name Notary Public, State of Hawaii p~ ~.l My commission expires: -4- Description (Portion of Alii Drive) 1 Being a Portion of R P. 1930 No. 3 to Asa Thurston, L. C. Aw. 387 Part 4, Section 2 to American Boazd for Foreign Missions at Waiaha 1st, North Kona, Island of Hawaii, Hawaii Beginning at the north comer of this pazcel of land, being also the south comer of Grant 13,083 to Manuel Gomes, on the west side of Alii Drive (Kailua-Keauhou Beach Road, W.P.A. Project 402), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Kahelo" being 2992.41 feet North and 933.91 feet West, and running by azimuths measured clockwise from True South: 1. Thence along the west (makai) side of the Old Government Beach Road, the direct azimuth and distance being: 351° 21' 30" 452.66 feet to the southeast corner of Lot C-2, being also the northeast comer of Lot 2; 2. 171° 31' 30" 332.38 feet along Lot C-2, Lot C-1, Lot B, Lot A, and Lot 7-A; 3. Thence along Lot 7-A on a curve to the left with a radius of 5704.70 feet, the chord azimuth and distance being: 170° 53' S8" 120.29 feet to the point of beginning and containing an azea of 0.070 acre, more or less. ~ M• MAT`rG =Q. Engineering Division ap uf~NSED ~G Departrnent of Public Works 1~wn~ ~ County of Hawaii * No.36~0 ygK'AII. VSP ~ 4/30/04 Expiration Date of the License Aupuni Center 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720-4224 Mazch 23, 2004 Tax Map Key: (3rd Div.) 7-5-018:009 EXHIBIT A- r, ` , 25~~ ~ 7A ~ j "I•'~ o (/fj. 00.5 Acs. ~ n _ ~ ~ VI i n o ~o ~ q~ 7i \ ~ Q~: i. O Z • ~ 82-Jose h Q li T l\S~~ P CiomeS ~ ~ + f ~ i~ F~ u ~ - -'l a . S i54. io a _ S•2a W .rs. e o ,~i/.an/cy A. ~z/ ' o ~s?t: a d-r< ,t ° boron P.-%E ^ G-w m a (4/J/>~!r> N. Bc~ ~Jt7 J9aC: e 75 /5i8Co 116 8i` t'J.i...c eL/e oz 5. Kc~ 8 ~ S+aph<., H. V ,aub /S] ~ RohnerG wF- ~ a /O 89 Helie:~c 2 ~ o.zssA~' f,• m N. c Vab.lc:F,•.; ~ ^ MA.Cr/Nds Ta COUn'Yy, /~;:1 / J Be?ry/,q TiiSfJ ~ tf oo'-' ' a.. wa, SsrrYy F..~ X-%5-;/. -S~/a-/Ll. C-/.. G.. c. ,q~ ~.ie ~ ~~f,%j CouJl=S L~d)'Y'-/~~ r LY ` r i ies4 ~c,oi :/ice/r NHc/9ira p' ~ .16, -/54.GO H ,[sv,1 ..zja =C» . 4 [ • IQ, '87/O, S6.3~8 ~ rh ~ A ~ur7k~ ~1/clO~ ~ Rr/a o7_7o_ . .C~rn GV ~ 2 5hor[In+o B9'~ FZ ' Go.N65 ,S cOUN~ /a/_a~d3 ~ E's ~ H Gh;n 9 ~ I ~ r i PARCEL TO BE DONATED TMK: (3rd Div.) 7-5-18:09 (Area ~ 0.070 Acle) EXH1611 P~