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HomeMy WebLinkAboutRES 246 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 246 ~4 RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO DISPOSE OF DONATED LANDS IN KALAPANA SEA VIEW ESTATES, SITUATE AT KALAPANA, PUNA, HAWAII, BEING TAX MAP KEYS:(3)1-2-034-078 AND 1-2-034-094, BY PUBLIC AUCTION. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the County of Hawaii owns two back-to-back 8,000 square foot parcels identified as Tax Map Keys:(3)1-2-034-078 and 1-2-034-094, located in the Kalapana Sea View Estates, situate at Kalapana, Puna, Hawaii (Exhibits "A" and "B"), that was donated by Daniel Isamu Funakoshi on February 7, 1996 (Exhibits "C" and "D") under Resolution 249-96 (Exhibit "E"); and WHEREAS, the director of finance has established a "Land Management Committee," comprised of County personnel with expertise or interest in the County's management of its real property resources, for the purpose of reviewing County land management issues and making recommendations to the director of finance; and WHEREAS, the director of finance and the members of the Land Management Committee consider these parcels to be surplus and that disposition by public auction would be in the best interest of the County; and WHEREAS, disposition of these properties by public auction will serve a public purpose; and WHEREAS, pursuant to Section 2-117, Hawaii County Code, an appraisal of these two parcels will determine the upset price prior to public auction and the appraisal may be preformed by an employee of the County qualified to appraise lands; and WHEREAS, appraisers of the Real Property Tax Division are qualified to appraise lands; and WHEREAS, pursuant to Section 2-112, Hawaii County Code, the disposition of real property shall be by public auction unless there is a substantial reason for disposition in another manner; and WHEREAS, there is no apparent reason for disposition of these two parcels other than by public auction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that disposal of these Kalapana Sea View Estates parcels by public auction is in the public interest and serves a public purpose. BE IT FURTHER RESOLVED, that the director of finance or his representative is authorized to dispose of these Kalapana Sea View Estates parcels by public auction at not less than the upset price to be established by the Real Property Tax Division. BE IT FURTHER RESOLVED that copies of this resolution be transmitted to (1) Mayor Harry Kim; (2) Director of Finance William Takaba; (3) the Land Management Committee; and Wes Takai, Administrator of the Real Property Tax Division. Dated at Hilo , ~awai`i, this 21st day Of January 2005. INTRODUCED BY: COUNCIL MEMBE ,COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, l-lawai'i AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was RIGA x by the vote- indicated to the right hereof adopted by the HoFFMAI~II.v X COUNCIL of the County of Hawaii on January 21, 2005. HoLSC~luO~i x IKEDA X ATTEST: ISBELL X JACOB50N X PILAGO X SAFARIK X 9 0 0 0 1~~~"`r~l~" ~l Reference C-784/FC-25 COUNTY CLERK CHAIR N PRESIDING OFFICER RESOLUTION NO. ~ EXHIBIT "A" That certain parcel of land located at Keekee-Kehena, in the District of Puna, Island, County and State of Hawaii, as delineated on the Map entitled "KALAPANA SEAVIEW ESTATES UNIT I," which said map was filed in the Bureau of Conveyances, State of Hawaii, as File Plan Number 1195, and more particularly described as follows: Lot Number 117, containing an area of 8,000 square feet. Together with an undivided 1/933rd interest in Lots 1 through 9, inclusive, of Unit I of File Plan 1195, and Lots 174 through 180, inclusive, and Lots 199 through 203, inclusive, of Unit III, of File Plan 1234, to be used in common as a private park and recreational area for the benefit of the owners of lots within the Kalapana Seaview Estates Subdivision; subject, however, to the express conditions that if any other use shall be made of said lots for a period longer than 12 calendar months, the title thereto and any improvements thereon shall revert to the Kalapana Seaview Estates, Inc. or its successors; and Being the land acquired by Grantor by deed dated June 8, 1981, recorded in the Bureau of Conveyances, State of Hawaii, in Book 15616, Page 374. "SUBJECT, HOWEVER, to any normal easements for utility purposes that are reasonably necessary to service any of the parcels shown on said File Plan that Kalapana Seaview Estates, Inc. and its successors may create prior to December 31, 1979, Kalapana Seaview Estates, Znc. hereby reserving the right and power to establish and create said easements and to execute and deliver any necessary conveyances with respect thereto"; as set forth in Deed recorded in Book 11796, Page 45. SUBJECT, FURTHER, to the covenants contained in that certain Declaration of Covenants dated November 16, 1971, recorded in the Bureau in Book 7946 at Page 409, which contents are incorporated herein by reference. EXHIBIT "A" . , EXHIBIT "A" All of that certain parcel of land situate at Keekee-Kehena, District of Puna, Island, County and State of Hawaii, being Lot Number 118, of the "Kalapana Seaview Estates, Unit I", as shown on the File Plan No. 1195, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 8,000 square feet. Together with an undivided 1/933 interest in Lots 1 through 9, inclusive, of Unit I, of File Plan 1195, and Lots 174 through 180, inclusive, and Lots 199 through 203, inclusive, of Unit III, of File Plan 1234, to be used in common as a private park and recreational area for the benefit of the owners of lots within the Kalapana Seaview Estates Subdivision; subject, however, to the express condition that if any other use shall be made of said lots for a period longer than 12 calendar months, the title thereto and any improvements thereon shall revert to Kalapana Seaview Estates, Inc. or its successors. "SUBJECT, HOWEVER, to any normal easements for utility purposes that are reasonably necessary to service any of the parcels shown on said File Plan that Kalapana Seaview Estates, Inc. and its successors may create prior to December 31, 1979, Kalapana Seaview Estates, Inc. hereby reserving the right and power to establish and create said easements and to execute and delivery any necessary conveyances with respect thereto"; as set forth in said Deed recorded in Book 11249 at Page 150." SUBJECT, FURTHER, to the covenants contained in that certain Declaration of Covenants dated November 16, 1971, recorded in the Bureau in Book 7946 at Page 409, which contents are incorporated herein by reference. EXHIBIT "A" - sue' yr ;:.e - :e.. ~ . ;x_ _ - _ ~ ry ~ , 's'€ ' e " ~ ~ f a4© 8y ~ pia ~ I 0 e c [ E id e e i ~M .24 52 `a ~t a ' i ~ ~ T 1~ 8 rx~ i B e iF t;l iy 9 E = F a' _ ~gt io "'i ~ : 32 i;3 t ~ iii y i ~1Q t i~ " i~ e j n a} ~ 711 }~E g f 1 ? i + V ^i 1 S } i\ r i ~ i Y ~3 b ~3 ~~1p.~ r~f ~ - € ~ 01 O O ~~f ~i~~ ` 8 i ra " 0 Q_ ~ pd e=f Ic8 tl ~ j 6 j~ 3Yt ? Y ~ ~ ` 'S ~ ~ ~ 'xp a 1j 6 K1S } "E € " as © ~ > t^ 3~ 4 ~i` : ~ ' e~6 YY 1y a r + > 0 ~ O " O° * Ca '.~.....i ~rO Cw w{~3y~j~y . r ~ tQ f z .o w dl' N '1.s• I P _ FFi ( E tF VT m ' C ~ ~ f nr F lap ~3'3.~kz`+ o, ~ a y E f~ a ~Si~ ~8 ~ 8 ~~i ~ 8 h i~a iGi e O s " rl i as ~ 7" . • a x ~j R C~ i Ettt F 0 'Fi F t 8 i ini O O Q t 2 y 3 ~.Q 4 ((tea~ y _ ~3 i. i.r Z !3~ ~ aN ~3 `f~ - O- a lea X~~~ !!r44SS_S 'h i~IIEJJ s '~d #'i~' ~i~~ ~~'''t. ~ ::7 c. ` 'ice .li $}~=i~ Fi Ci a a t5, ° " ~:vt i ^i• 1 t +li 31~ fli ~T ~a 1 1 n E i Ba I{` ~a; .=F COX "1w O~ • ~ . ~oxoarr ^N~~~kF F,~C w Q~ rxrarirv oroa WtS 8 - a'.a--~.. so a EXHIBIT "B" r i ~ , T}IE O°I:: '^:4l JF `hIE DOCUA.IENY s,'.~ G ESP"-~=n FO iLO N$, G"~ 5;`U OF COfJV~YANCES o~-:_Vu1~ ri~lq~~ .TIfd.E~~ ~ z_ oa- :..efy- :~c. - afI G9 Z COUR S T G Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 13391 TMK: (3) 1-2-034-078 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That DANIEL ISAMI FUNAKOSHI, of 99-615 Hoohalawai Place, Aiea, Hawaii 96701, hereinafter called the "Grantor," for and in consideration of the sum of ONE DOLLAR and other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and post office address is County Building, 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee," the receipt of which is hereby acknowledged, does hereby remise, release, and forever quitclaim unto the said Grantee, its successors and assigns, forever, all of its right, title and interest both at law and in equity in and to the real property described in Exhibit A, attached hereto and made a part hereof. EXHIBIT "C" TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges, and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and assigns, in fee simple, forever. The conveyance herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee, and the Grantee's heirs, personal representatives, 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, feminine or neuter, the singular or plural number, individuals, partnerships, trustees or corporations and their and each of their respective successors, heirs, personal representatives, successors in trust and assigns, according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed elsewhere herein. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed on this Z ~ day o~ 19~~~ DANIEL ISAMZ FUNAKOSHZ APPROVED AS TO FORM AND LEGALITY: Corporation Cou sel County of Hawaii Date: /2 -Ld'-%' -2- STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU~1,~) On this 2~~ day of V~~~~~~ 1995, before me personally appeared DANIEL ISAMI FUNAKOSHi, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. Notar li STATE O I My commission expires: EXHIBIT "A" That certain parcel of land located at Keekee-Kehena, in the District of Puna, Island, County and State of Hawaii, as delineated on the Map entitled "KALAPANA SEAVIEW ESTATES UNIT I," which said map was filed in the Bureau of Conveyances, State of Hawaii, as File Plan Number 1195, and more particularly described as follows: Lot Number 117, containing an area of 8,000 square feet. Together with an undivided 1/933rd interest in Lots 1 through 9, inclusive, of Unit I of File Plan 1195, and Lots 174 through 180, inclusive, and Lots 199 through 203, inclusive, of Unit III, of File Plan 1234, to be used in common as a private park and recreational area for the benefit of the owners of lots within the Kalapana Seaview Estates Subdivision; subject, however, to the express conditions that if any other use shall be made of said lots for a period longer than 12 calendar months, the title thereto and any improvements thereon shall revert to the Kalapana Seaview Estates, Inc. or its successors; and Being the land acquired by Grantor by deed dated June 8, 1981, recorded in the Bureau of Conveyances, State of Hawaii, in Book 15616, Page 374. "SUBJECT, HOWEVER, to any normal easements for utility purposes that are reasonably necessary to service any of the parcels shown on said File Plan that Kalapana Seaview Estates, Inc. and its successors may create prior to December 31, 1979, Kalapana Seaview Estates, Inc. hereby reserving the right and power to establish and create said easements and to execute and deliver any necessary conveyances with respect thereto"; as set forth in Deed recorded in Book 11796, Page 45. SUBJECT, FURTHER, to the covenants contained in that certain Declaration of Covenants dated November 16, 1971, recorded in the Bureau in Book 7946 at Page 409, which contents are incorporated herein by reference. ~p.~-r( Uf THE D~h~3i~h:3dP ,.n ns .n:~ow;. . ~ i i:.ti~nn , / .:r/, t9g7 ~~D2 LAND COURT S STEM GULAR SYS EM Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 13401 TMK: (3) 1-2-034-094 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That DANIEL ISAMI FUNAKOSHI, of 99-615 Hoohalawai Place, Aiea, Hawaii 96701, hereinafter called the "Grantor," for and in consideration of the sum of ONE DOLLAR and other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and post office address is County Building, 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee," the receipt of which is hereby acknowledged, does hereby remise, release, and forever quitclaim unto the said Grantee, its successors and assigns, forever, all of its right, title and interest both at law and in equity in and to the real property described in Exhibit A, attached hereto and made a part hereof. EXHIBIT "D" TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges, and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and assigns, in fee simple, forever. The conveyance herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee, and the Grantee's heirs, personal representatives, 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, feminine or neuter, the singular or plural number, individuals, partnerships, trustees or corporations and their and each of their respective successors, heirs, personal representatives, successors in trust and assigns, according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed elsewhere herein. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed on this L ~ day of ~Eo6w!'t~, 19~~~ ~~v~'~C DANIEL ISAMI FUNAKOSHI APPROVED AS TO FORM AND LEGALITY: Corporation Cou el County of Hawaii Date: /Y~~-9i -2- STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this GI day of , 1995, before me personally appeared DANIEL ISAMI FUNAKOSHI, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. k~ Notar P bli , STATE OF II My commission expires: ~ ~ . . EXHIBIT "A" All of that certain parcel of land situate at Keekee-Kehena, District of Puna, Island, County and State of Hawaii, being Lot Number 118, of the "Kalapana Seaview Estates, Unit I", as shown on the File Plan No. 1195, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 8,000 square feet. Together with an undivided 1/933 interest in Lots 1 through 9, inclusive, of Unit I, of File Plan 1195, and Lots 174 through 180, inclusive, and Lots 199 through 203, inclusive, of Unit III, of File Plan 1234, to be used in common as a private park and recreational area for the benefit of the owners of lots within the Kalapana Seaview Estates Subdivision; subject, however, to the express condition that if any other use shall be made of said lots for a period longer than 12 calendar months, the title thereto and any improvements thereon shall revert to Kalapana Seaview Estates, Inc. or its successors. "SUBJECT, HOWEVER, to any normal easements for utility purposes that are reasonably necessary to service any of the parcels shown on said File Plan that Kalapana Seaview Estates, Inc. and its successors may create prior to December 31, 1979, Kalapana Seaview Estates, Inc. hereby reserving the right and power to establish and create said easements and to execute and delivery any necessary conveyances with respect thereto"; as set forth in said Deed recorded in Book 11249 at Page 150." SUBJECT, FURTHER, to the covenants contained in that certain Declaration of Covenants dated November 16, 1971, recorded in the Bureau in Book 7946 at Page 409, which contents are incorporated herein by reference. COUNTY OF HAWAII. , STATE OF HAWAII RESOLUTION N0. ?4g 96 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A DONATION•OF REAL PROPERTIES FROM DANIEL ISAMI FUNAKOSHI; TAX MAP KEY NUMBERS (3) 1-2-034-078 & 094. WHEREAS, Daniel Isami Funakoshi is the owner of real properties in Kalapana Vacation Lots situate at Kalapana, District of Puna, described as Lot 117 and Lot 118, specifically Tax Map Key Numbers (3) 1-2-034-078 and 094; each consisting of approximately 8,000 square feet; and WHEREAS, these properties have been inundated with lava and are of no present or foreseeable future use to Daniel Isami Funakoshi; and WHEREAS, he has graciously donated these properties to 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 the real properties, identified as Taa Map Key EXHIBIT "E" Number (3) 1-2-034-078 and 094, each consisting of 8,000 square feet, from Daniel Isami Funakoshi. BE IT FURTHER RESOLVED that a letter of appreciation be sent to Daniel Isami Funakoshi. Dated at Hilo, Hawaii, this 7th day of February 1996 INTRODUCED BY: N ILMEMB COUNTY OF HAWAII IMT/17521 ROLL CALL VOTE COUNTY COUNCIL County of Hawaii AYES NOES ABS EX Hilo, Hawaii Arakaki Bonk-Abramson X I hereby certify that the foregoing RESOLUTION was by the X vote indicated to the right hereof adopted by the COUNCIL of ~ I"'n'a X the County of Hawaii on Februanl 7 , 1996 Domingo X Osorio X _ / Rath X A/~ / Ray X - Smith X 8 0 1. 0 Reference G-911/FC--'•99 COUNTY CLERK CHAIRMAN ar PRlSIDING OFFICER RESOLUTION NO. 249