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HomeMy WebLinkAboutRES 219 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 219 ~4 RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT A (1.033 ACRES), FOR ROAD RIGHT-OF-WAY FROM HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION, A NONPROFIT CORPORATION, SITUATE AT PU`UKAPU, WAIMEA, SOUTH KOHALA, COUNTY AND STATE OF HAWAII, BEARING TAX MAP KEY (3) 6-4-034:055, TO THE COUNTY OF HAWAII. WHEREAS, Hawaii Island Community Development Corporation, a nonprofit corporation, is the owner of roadway Lot A (1.033 acres), situate at Pu`ukapu, Waimea, South Kohala, County and State of Hawaii, specifically identified as Tax Map Key (3) 6-4-034:055, being more particulazly described in the attached deed and delineated on Exhibit "B" attached hereto; and WHEREAS, Hawaii Island Community Development Corporation, a nonprofit corporation, is desirous of dedicating the subject parcel, including all subdivision improvements thereon, to the County of Hawaii for road right-of--way, and the improvements have been inspected and approved by the County of Hawaii Department of Public Works, Department of Water Supply and the Planning Department; and WHEREAS, the subject road and drainage improvements have been completed according to County of Hawaii standards, are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and WHEREAS, Section 23-10 of the Hawaii County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; 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 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, that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Sections 23-10 and 23-11 of the Hawaii County Code, 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) 6-4-034:055 (1.033 acres). BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to (1) Hawaii Island Community Development Corporation, a nonprofit corporation, 100 Pauahi Street, Suite 204, Hilo, Hawaii 96720; (2) Department of Public Works; (3) William Takaba, Director of Finance; and (4} Patricia K. O'Toole, Deputy Corporation Counsel. Dated at Hilo , Hawaii, this 1st day of September , 2004. INTRODUCED BY: . COUNCI M MB R, OUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUNG vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawai `i on S i t emb e r 1, 2 0 0 4 HOLSCHUH X JACOBSON ATTEST: REYNOLDS X ,..I SAFARIK X I TULANG X ~ i TYLER X 7 0 2 0 C-717/PW&IRC Reference i; COUNTY CLERK CHAHZMAN & PRESIDING OFFICER RESOLUTION NO. ~ LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: Grantor: HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION, a nonprofit corporation; Grantee: COUNTY OF HAWAII, a municipal corporation, whose address is 25 Aupuni Street, Hilo, Hawaii 96720. Affects: TMK (3rd) 6-4-034: 055 This document contains pages. hicdcVCamuelaW edicationdeedroadlolA 1 DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: THIS DEED, made this ~ day of ~d.~ltt&,G2~ , 20~ by HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION, a nonprofit corporation, whose address is 100 Pauahi Street, Suite 204, Hilo, Hawaii 96720, hereinafter called the "Grantor," and the COUNTY OF HAWAII, a municipal corporation, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee," WITNESSETH: That in consideration of 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 described in Exhibit "A", attached hereto and made a part hereof. TOGETHER with the reversions, remainders, rents, issues and profits thereof, and all 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. TO HAVE AND TO HOLD the same, unto the Grantee, for the purpose of a public street or highway, forever. AND, in consideration of the premises, the Grantor does hereby covenant with the Grantee that the Grantor is seised of the property herein described in fee simple; that said property is free and clear of and from all liens and encumbrances, except as may herein specifically be set forth; that the Grantor has goad right to sell and convey said property, as aforesaid; and that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. LicdcVCamuela\dedicationdcedroadlolA 2 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. If these presents shall be signed by two or more grantors, all covenants of such parties shall for all purposes be joint and several. IN WITNESS WHEREOF, the Grantor has executed these presents on the day and year first above written. HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION ALICE KAWAHA Its Secretary /Treasurer APPROVED AS TO FORM: Deputy Corporation Counsel County of Hawaii Dated: JUL 3 ~ 244 hicdcVCamuela Wedica[iondeedroadlo W 3 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) rr On this ~ day of ~h~aY~ 20v~ ,before me personally appeared ALICE KAW , to me personally known, who, being by me duly sworn, did say that she is the Secretary/Treasurer of HAWAII ISLAND COMMiJNITY DEVELOPMENT CORPORATION, a Hawaii nonprofit corporation; and that the instrument was signed on behalf of said corporation by authority of its Boazd of Directors, and said Officer acknowledged the instrument to be the free act and deed of said corporation. l.-S .rrilyn Ferrefr« Notary Public State of Hawaii ~r^, 5 2004 My commission expires: hicdcVCemuelaWedicatim~deedmadlolA 4 EXHI$IT AA ROADWAY LOT A LAND $ITUATEp AT PWKAPU, WAIMEA, SOUTH KQHALA, ISLAND OF HAWAII, HAWAII. Being a portion of Grant 4565 to H. Akona. Beginning at the southeast corner of this parcel of land, being also the southwest comer of Lot 23 and on the northwesterly side Of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST $A$E", being 16.72 feet North and 2,814.46 feet East, thence rumring by azimuths measured clockwise from true South: 1. 70° 21' 110.00 feet along Mamalahoa Highway; 2. Thence along the remainder of Grant 4565 to H. Akona (Lot 1) on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 205° 21' 42.43 feet; 3. 160° 21' 122.92 feet along the remainder of Grant 4565 to H. Akona (Lots 1 and 2); 4. Thence along the remainder of Grant 4565 to H. Akona (Lots 2 and 3) on a curve to the left with a radius of 475.00 feet, the chord azimuth and distance being: 154° 44' 92.98 Feet; 5. 149° 0T 498.07 feet along the remainder of Grant 4565 to H. Akona (Lots 3 to 10, inclusive); 6. Thence along the remainder of Grant 4565 to H. Akona (Lot 10) on a curve to the left with a radius of 45.OU feel, the chord azimuti~ and distance being: 129° 38' 44" 30.00 feet; 7. Thence along [he remainder of Grant 4565 to H. Akona (Lots 10, 11, 12 and 13) on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 239° 07' 70.00 feet; hicdc\Kamuela~dedicationdeedroadlorA 5 Roadway Lot A Page 1 of 2 8. Thence along the remainder of Grant 4565 to H. Akona (Lots 13 and 14) on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being: 348° 35' 16" 30.00 feet; 9. .329° 07' 493.07 feet along the remainder of Grant 4565 tp H. Akona (Lots 14 and 15-A); 10. Thence along the remainder of Grant 4565 to H. Akona (Lot t 5-A) on a curve to the right with a radius of 525.00 feet, the chord azimuth and distance being: 334° 44' 102.77 feet;; 11. 340° 21' 122.92 feet along the remainder of Grant 4565 to H. Akona (Lots 15-A and 23); 12. Thence along the remainder of Grant 4565 to H. Akona (Lot 23) ou a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 2.95° 21' 42.43 feet to the point of begitming and containing an area of 1.033 Acres. SUBJECT, HOWEVER, to Flood Inundation along the southerly portion of this parcel of land. Tax Map Key: 3`A Div. 6-4-34: 55 IMA"fA & ASSOCIATES, INC. 171 Kapiolani Street Hilo, Hawaii 96720 March 27, 2003~SxV G LICENSED "A %'t,~.. f1.A..-'' PRGFESSIOhIAL ~ - ~ rtt~rf{ /~X~`'-, LAtvD SURVEYOR Ray K. a amura too 43e~1 ~ Licensed Professional Land Surveyor E Certifi:;ate b?o. 4329 Exp. 04/0 ~~dy~41-~I,"U ~ Pte/ hicAc ~K anmela\dedica l iunAeedmaAlmA 6 Roadway Lot A ir?ROrto p ~ t5?~ Page 2 of 2 i~N~ ' ' ~o ii o ~ '~r 1- - - i' ~ ~ i z ~ ~ ~ i ~ ~ ' ' KEAKA KEA PLAGE ' ' Q ~ ~ ~ Q ' £ ' Q ' I D~DIGATION LOC~,tION M~:° PUUIG~PU MUtUA,L SI=LF-N~LP ~-IOUSINCx PROJ~GT LAND SITUATED AT PUUKAPU, UJAIMEA, SOUTH KONALA, ISLAND OF NAIUAII, I-1AlUAlI. BEINCa A PORTION OF GRANT 4565 TO N. AKONA. BEING ALSO A PORTION OF LOT 41, PUUKAPU HOMESTEADS, FIRST SERIES. TO BE DEDICATED: KEAKA KEA PLAGE (NAME OF PRIOR LANDOWNER, "JACK WHITE") TYPE OF ROAD: 50 FT. RIGHT-OF-WAY, 20-FT. WIDE AG PAVEMENT WITH PAVED SHOULDERS AND SWALES. LENGTH OF ROAD: 810 LIN. FT. NO. OF LOTS: 16 LOTS (RS-10) TAX MAP KEY: 3RD DIV. 6-4-34:55 JOB NUMBER: 9G-56 EXHIB;T ~j 400NtY OR,N~~' gam. ~p W%y Lincoln S.T. As61da Mayor v Corporation Cnunrcf • Gerald Takase n~r~ o~•H),+~~ A.raitrant Corporminn Cnunrel ~IIlYY[f~1 II~ ~tI~i _ OFFICE OF THE CORPORATION COUNSETl~'~ F 101 Aupuni Street, Suite 323 • Hilo, Hawaii 96720.4262 • (808) 961-8231 • FAX (608) 9bU862~. February 4, 2004 ~ y2 `1, -i Christopher J. Yuen, Director Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Chris: Re: Dedication Deed: Hawaii Island Community Development Corporation TMK:(3) 6-4-034:055 Puukapu Mutual Self Helo Subdivision Please review the enclosed Dedication Deed, and if acceptable, please sign below. If Chapter 23 does not apply to this parcel in whole or in part, please describe the factual background for that conclusion. Thank you. Sincerely, rr.~"vwu~ ~ j~~.~~--- PATRICIA K. O'TOOLE Deputy Corporation Counsel PKO:fc s:\ded\hawaii island\Itr to yuen\2-4-04\PKOfc.wpd We have reviewed the subject deed, and recommend that it be accepted by the Council inasmuch as the site has been inspected and found in acceptable condition for dedication and is in full compliance with the provisions of Chapter 23 of the ~Haw/ai`i County Code to the extent applicable. ~~/4---•^{- CHRI OPHER J. YUEN, Director Dated: 7 x d ot`~. G,sI' II ~1 om DEPARTMENT OF WATER SUPPLY ~y~~1~l~Y~F~-I~AI`I ~f`^7xew~~1'~, 346 KEKUANAb'A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (608) 961-6050 FAX ( 6) 861-6657 I . i I I ('f,li ~ February 9, 2004 6©~1hJ I I ~~J,~r ®`f_ TO: Mr. Lincoln S.T. Ashida, Corporation Counsel ATTENTION: MS. PATRICIA O'TOOLE, DEPUTY CORPORATION COUNSEL FROM: Milton D. Pavao, Manager SUBJECT: DEDICATION DEED - PUUKAPU MUTUAL SELF HELP SUBDIVISION GRANTOR -HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION TAX MAP KEY (3) 6-4-034:055 We have reviewed the subject Dedication Deed and recommend that it be accepted by the Hawaii County Council. The water system improvements were constructed and inspected and found to comply to our standards and are in compliance with the provisions of Chapter 23 of the Hawaii County Code, as applicable. The subject roadway (Lot A) and water system improvements were dedicated and accepted by the Water Board of the County of Hawaii by a Grant of Easement and Bill of Sale document dated November 6, 2003. It was recorded at the Bureau of Conveyances, State of Hawaii (Regular System) as Document No. 2003-264041, dated December 1, 2003. Should you have any questions, please contact Mr. Ronaldo B. Aurelio of our staff at 961-8070, extension 258. Sincerely yours, ilton D. Pavao, P.E. Manager RA:dfg ~aEer 6rinc~~ proc~reJd... The Department of Water Supply is an Equal Opportunity provitler and employer. To file a complaint of discrimination, write: USDA, Director, Office of Civtl Rights, Room 326-W, Whitten Building, 14th and Indepentlence Avenue, SW, Washington DC 20250-9410. Or call (202) 720-5964 (vou:e and TDD) 17nZ1 RECFI`iFl~ DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII 2004 ~1HR 12 A(~ 9 59 HILO, HAWAII CO. , i DATE: M~CObI~i1,!~00~;;-,-,;:~ - . L~ TO: Patricia K. O'Tool, Deputy Corporation Counsel FROM: Bruce C. McClure, Director SUBJECT: DEDICATION DEED Puukapu Mutual Self Help Subdivision Grantor: Hawaii Island Community Development Corporation Location: Puukapu Homesteads, Waimea, S. Kohala, Hawaii TMK: 6-4-34: 055 Folder No.: 64168 We have reviewed the subject deed and recommend that it be accepted by the Council inasmuch as the subject road improvements and streetlights have been inspected and found to comply with Department of Public Works Standard Details, are in acceptable condition for dedication, and are in full compliance with the provisions of Chapter 23 of the Hawaii County Code. The Engineering Division (11/10/03), Highway Maintenance Division (11/21/03), and Traffic Division (12/05/03) have inspected the subdivision construction and theirwritten approvals are enclosed for the County Council's review as they've requested. Please refer questions to Kelly Gomes at ext. 8327. KG Enclosures c: Hawaii Island Community Dev. Corp. (w/o enclosures) Planning Department (w/o enclosures) ENG (w/o enclosures) ~~d ~ Of , - , Bruce McClure Directtn Harry Kim " Mayor -V ~t:~„_~ r" - V ~ L1}~ r~It ~~~~"5 ~~~~t~ Ron Takahashi DEPARTMENT OF PUBLIC WORKS De('"`y D1rcr' 25 Aupuni Street, Room 202 ~ Hilo, Haxaii 96720-4252 (808) 961.8321 ~ Fax (BOB) 961-8630 Date: Nov. 10, 2003 MEMORANDUM: TO :Cress Rambayon, Engineering Division, Hilo FROM :James Vasconcellos, Engineering Division, Kona SBJECT :Final Inspection for subdivision Puukapu Self-Help Corporation., et al. Subdivision No.: SUB 2000-0061 DPW FolderNo.:64168 Subdivider: Hawaii Island Community Development Corporation, et al. Location: Puukapu, Waimea, South Kohala, Hawaii A final inspection was conducted on Nov. 10,2003. All work was found to be satisfactory and completed with the plans and specifications and recommend final acceptance. COUNTY OF HAWAII DEPARTMENT OF PUBLIC WORKS HIGHWAY MAINTENANCE DIVISION KOHALA ROAD DISTRICT DATE: 11/21/03 Memorandum TO: Stanley Nakasone, Highway Maintenance Superjptendent FROM: Mack Asato, TA DRO, N & S Kohala Roads SUBJECT: FINAL CONSTRUCTION INSPECTION PUU KAPU MUTUAL SELF-HELP HOUSING TMK - 6-4-01- PAR.41 After doing a fmal inspection of the Puu Kapu Self Help Housing Project, I have found no discrepancies in the building of this project. I believe that all azeas of project plan had been followed. I have found it acceptable to site plan specifications and recommend that the County Of Hawaii Dept. Public Works, Hwy. Div. accept subject site as built. TMK - 6-4-0 l : nar. 41 Puu Kapu Mutual Self-Help Housing Kamuela,Hi. / /~y4! , r c Y~ ~RiS 0~~ ~ 1oG~ I RECEIVED OEC 0 2 200 ~3-~~s~ County of Hawaii Deparilrl~nt of Public W~ - Traffic Division December 5, 2003 To: Cres Rambayon Engineering From: Maurice Nakata SUBJECT: Puukapu Mutual Self Help Housing Subdivision No. SUB2000-0061 DPW Folder No. 64168 Puukapu, Waimea, South Kohala Final Subject subdivision was inspected on December 5, 2003, and streetlights have been installed per County Standard. Final approval may be granted. „~~otxzn; L}znanJal