HomeMy WebLinkAboutRES 092 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 92 U5
RESOLUTION ACCEPTING THE DEDICATION OF LOT 278 (DRAINGE EASEMENT),
TMK: (3)5-5-014:071, AND LOT 288 (ROADWAY PARCEL), TMK: (3)5-5-014:081, BEING
PART OF THE HAWT MUTUAL SELF-HELP AND FOR-SALE AFFORDABLE HOUSING
PROJECT, SITUATE AT HAWT, IN THE DISTRICT OF NORTH KOHALA, COUNTY AND
STATE OF HAWAII, FROM HAWAII ISLAND COMMUNITY DEVELOPMENT
CORPORATION.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, Hawaii Island Community Development Corporation, a Hawaii nonprofit
corporation, is the owner of Lot 278 (drainage easement), identified as Tax Map
Key: (3)5-5-014:071, and Lot 288 (roadway parcel), identified as Tax Map
Key: (3)5-5-014:081, being part of the Hawi Mutual Self-Help and For-Sale Affordable
Housing Project, situate at Hawi, in the District of North Kohala, County and State of
Hawaii, more particularly described in the attached Dedication Deed (Exhibit "A") and
delineated on Exhibit "B" attached hereto; and
WHEREAS, Hawaii Island Community Development Corporation has constructed all
subdivision improvements and received final subdivision approval; and
WHEREAS, Hawaii Island Community Development Corporation is desirous of
dedicating the subject parcels, including all subdivision improvements thereon, to the
County of Hawaii for drainage and road purposes, 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 drainage and road improvements have been completed
according to County of Hawaii standards, are in acceptable condition for dedication, and in
full compliance with the provisions of Resolution 46-99, adopted by the Council on March 4,
1999, a copy of which is attached hereto as Exhibit "C."
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 that it finds the subject subdivision and improvements thereon are in full
compliance with the provisions of Resolution 46-99 as certified and approved by all
applicable agencies.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in
accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and
Resolution 46-99, that the County of Hawaii accepts Lot 278 (drainage easement),
identified as Tax Map Key: (3)5-5x014:071, and Lot 288 (roadway parcel), identified as Tax
Map Key: (3)5-5-014:081, being part of the HawB Mutual Self-9~elp and For-Sale Affordable
Housing Project, more particularly described in the attached Dedioation Deed (Exhibit "A"),
including all improvements thereon, for drainage and roadway purposes.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor
Harry Kim; (2) the Department of Public Works; (3) Assistant Corporation Counsel Gerald
Takase; and (4) Hawaii Island Community Development Corporation, 99 Aupuni Street,
Suite 104, Hilo, Hawaii 96720.
Dated at xon~. ,Hawaii, this 15th day of June , 2005.
INTRODUCED BY:
µ
COUNCIL MEMBER, COUNTY 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 RIGA X
the vote indicated to the right hereof adopted by the HOFFMAN X
COUNCIL of the County of Hawaii on June 15~. 2005 HOLSCHUH X
ATTEST: I KEDA
ISBELL X
JACOBSON X
P I LAGO
SAFARIK
aG~.. Reference C-259/F'WIRC -10
' ;`tr
COUNTY CLERK CHAIRMAN & 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 Hawaii nonprofit corporation;
Grantee: COUNTY OF HAWAII, a municipal corporation, whose address is 25
Aupuni Street, Hilo, Hawaii 96720.
Affects: TMK (3rd) 5-5-14-71 and 81 This document contains
pages.
h icdc\se I thelp\hawi\hawiroaddedicationdeed 1
EX[IIBIT "A"
DEDICATION DEED
KNOW ALL MEN BY THESE PRESENTS:
THIS DEED, made this day of ,
200 , by HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION, a
Hawaii nonprofit corporation, whose address is 99 Aupuni Street, Suite 104, Hilo, Hawaii 96720,
hereinafter called the "Grantor," and the COiJNTY OF HAWAII, a municipal corporation,
whose 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 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 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 good right to sell and convey said property, as aforesaid; and that the
hicdc\selthelp\hawi\hawiroaddedicationdeed 2
Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims
and demands of all persons, except as aforesaid.
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 cleazly 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 term "Grantor" and "Grantee," as and when used herein, or any pronouns used in
place thereof, shall mean and include the masculine and 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
By
Its
APPROVED AS TO FORM:
Deputy Corporation Counsel
County of Hawaii
Dated:
hicdc\selihelp\hawi\hawiroaddedicationdeed 3
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of , 200_, before me
personally appeared , to me personally known, who,
being by me duly sworn, did say that he is the of HAWAII ISLAND
COMMUNITY DEVELOPMENT CORPORATION, a Hawaii nonprofit corporation; and that
the seal affixed to the instrument is the corporate seal of the corporation; and that the instrument
was signed and sealed in behalf of the said corporation by authority of its Board of Directors, and
said Officers acknowledged the instrument to be the free act and deed of said corporation.
Notary Public
State of Hawaii
My commission expires:
hicdc~selfhelp\hawi\hawiroaddedica[iondeed 4
EXHIBIT A
PARCEL FIRST:
Lot 278, area 1,732 square feet, as shown on Map 49, filed
in the Office of the Assistant Registrar of the Land Court of
the State of Hawaii with Land Court Application No. 1120 of
Kohala Sugar Company,
PARCEL SECOND:
Lot 288, area 1.692 acres, as shown on Map 49, filed in the
Office of the Assistant Registrar of the Land Court of the State
of Hawaii with Land Court Application No. 1120 of Kohala Sugar
Company;
TOGETHER WITH access to the Waipiele Road (being Lot 288)
containing 1.642 acres) in said Subdivision and right of way for
ingress and egress to and from the nearest Government Road, as
set forth by Land Court Order No. 138370, filed May 9, 2000.
Being the lands described in Transfer Certificate of Title
No. 564,892 issued to Hawaii Island Community Development
Corporation, a Hawaii corporation.
BEING THE PREMISES ACQUIRED BY DEED
GRANTOR: CHALON INTERNATIONAL OF HAWAII, a Hawaii
corporation
GRANTEE: HAWAII ISLAND COMMUNITY DEVELOPMENT
CORPORATION, a Hawaii corporation
DATED: September 20, 2000
FILED: Land Court Document No. 2655535
hicdc~celfhelp\hawi\hawiroaddedicationdeed 5
SUBJECT HOWEVER to the following:
1. AS TO PARCEL FIRST:
DESIGNATION OF EASEMENT "47" (area 1,732 sq. ft., 15 feet
wide)
PURPOSE utility and drainage
SHOWN on Map 49, as set forth by Land Court
Order No. 138370, filed May 9, 2000
2. AS TO PARCEL SECOND:
(A) DESIGNATION OF EASEMENT "1"
SHOWN on Map 7, as set forth by Land Court
Order No. 13973, filed August 29, 1955
(B)
TO HAWAIIAN EVANGELICAL ASSOCIATION OF
CONGREGATIONAL-CHRISTIAN CHURCHES,
a Hawaii eleemosynary corporation
DATED June 12, 1956
FILED Land Court Document No. 193972
RECORDED Liber 3170 Page 172
GRANTING Easement "1" for road purposes
appurtenant to Exclusion 9
3. AS TO PARCELS FIRST AND SECOND:
DECLARATION OF RESTRICTIVE COVENANTS (HAWI SUBDIVISION)
DATED December 12, 2001
FILED Land Court Document No. 2768723
RECORDED on Certificate 564,892 on January 10,
2002
hicdc\selfhelp\hawi\hawiroaddedicationdeed 6
TRUE NORTN
sca~£~ ' inrH =
.wa=
289
WA/PIECE STREET
a
I
~ ~ ~ ~ ~ ~ ~ ~ ~ 265 Z
N N N N N ~ m ~ ~ 266 C
r
278
267
rn A
ry ~ N N N ry ry O N 268
N
HlKl:4UPE'A PLACE
H1Kl AUPE'A STREET
DEDICATION LOCATK)N MAP
HAWI MUTUAL SELF SUBDIVISION
TO BE DEDICATED HIKI'AUPE'A PLACE, HIKI'A1,1PE'A STREET AND WAIPIELE STREET
TYPE OF ROAD HIKI'AUPE'A PLACE 40-FT. WIDE RIGHT-OF-WAY WIDTH 20-FT WIDE PAVEMENT (2 INCH A.C.)
AND 1 1/2 INCH A.C. SHOULDER AND SWALE
HIKI'AUPE'A STREET~50-FT. WIDE RIGHT-OF-WAY WIDTH WITH 20-FT. WIDE PAVEMENT (2 INCH A.C.)
AND 2 INCH A.C. SHOULDER AND SWALE
WA)PIELE STREETS 60-FT. WIDE RIGHT-OF-WAY WIDTH WITH 20-FT. WIDE PAVEMENT (2 INCH AC.)
AND 2 INCH A.C. SHOULDER AND SWALE
LENGTH OF ROADS HIKI'AUPE'A PLACE (661 FT.). HIKI'AUPE'A STREET (340 FT.): WAIPIELE STREET (466 FT.)
NUMBER OF LOTS~24
AVERAGE LOT SIZE 10,000 S0. FT. (RANGE OF'.1,.Z32_SQ FT. T0, 134.fi ACRES) E~IIBIT "B"
TAX MM KEY 5-5-14: 71 (drain easement) & 81 (roads)
COUNTY OF HAWAf,~*;:'~~ STATE OF HAWAII
A
RESOLUTION No. 4~ g9
RESOLUTION OF THE COUNTY COUNCIL OF THE COUNTY OF HAWAII AUTHORIZING
THE EXEMPTION OF CERTAIN STATE LAND USE AND COUNTY ZONING, SUBDIVISION
AND ROADWAY CODES AND REQUIREMENTS, PURSUANT TO CHAPTERS 201G-113 AND
201G-118 OF THE HAWAII REVISED STATUTES FOR THE PROPOSED HAWI MUTUAL
SELF-HELP FOR-SALE AFFORDABLE HOUSING PROJECT.
WHEREAS, the Hawaii Island Community Development Corporation
(hereinafter "HICDC"), an islandwide based non-profit entity, has been
working to develop an affordable mutual self-help housing project for
eligible low and moderate income families (hereinafter "Hawi Mutual
Self-Help") on land at Hawi, North Kohala, Hawaii, and identified as
TMK: 5-5-08: por. 98, to provide decent, safe and sanitary housing to
qualified families of the County of Hawaii (hereinafter "County");
and
WHEREAS, the Office of Housing and Community Development
(hereinafter "OHCD") has been working with the HICDC to develop this
project; and
1
WHEREAS, the County and HICDC mutually desire to develop
affordable self-help housing units for qualified families with income
levels of 80 percent (80~) and below the median family income for the
County of Hawaii; and
WHEREAS, the OHCD has determined that (1) the HICDC is an
acceptable and eligible developer in satisfaction of the requirements
of Chapter 201G of the Hawaii Revised Statutes; and (2) the Hawi area
is a good and proper choice for housing development and construction;
and
WHEREAS, the County and HICDC will be entering into an agreement
to develop the Hawi Mutual Self-Help project; and
WHEREAS, the HICDC has applied for and has received conditional
approval for the use of United States Department of Housing and Urban
bevelopment HOME funds; and
WHEREAS, the preliminary plans submitted for the Hawi Mutual
Self-Help affordable housing project are attached hereto as
"Exhibit A"; and
WHEREAS, to enable the Hawi Mutual Self-Help housing project to
remain affordable, as defined by Ordinance 98-1 the Affordable Housing
Policy for the County of Hawaii, the OHCD is proposing to utilize
Chapter 201G-118 of the Hawaii Revised Statutes, which allows certain
housing projects to be exempt from certain laws and rules, provided
the County Council approves; and
E}OIIBIT "C"
0830hest
WHEREAS, the Hawi Mutual Self-Help housing project will promote
the goals contained in Chapter 201G, 46-15.1, of the Hawaii Revised
Statutes, and in Chapter 2, Article 13, of the Hawaii County Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that preliminary plans for the Hawi Mutual Self-Help housing
project site are hereby approved as attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED, that pursuant to provisions of
Chapter 201G-118(a)(3)(C) of the Hawaii Revised Statutes, that the
Mayor of the County of Hawaii or his duly authorized representative
shall be the responsible County official who will certify maps and
plans of lands connected with the Hawi Mutual Self-Help housing
project as having complied with applicable laws and ordinances
relating to the various requirements.
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the Hawaii Island Community Development Corporation,
the Planning Director for the County of Hawaii and the Office of
Housing and Community Development.
Dated at Hilo, Hawaii, this 4th day of March 1999.
INTRODUCED BY:
COUNCIL ME BER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii AxwK'''xl x
CHUNG X
[ hereby certify that the foregoing RESOLUTION was by ELARIONOFF
the vote indicated to the right hereof adopted by the COUNCIL of the 1ACOBSON X
County of Hawaii on March 4 , 1999 X
LEITHEAD-TODD
ATTEST: PISICCHIO g
SMITH X
TYLER
YAGONG X '
S 1 0 0
COUNTY CLERK &PRHSIDINGOFFICER Reference: C-155/HCHAr(02/^16/99)
o93ohest RESOLUTION NO: ~
EXHIBIT "A^
Pursuant to Section 201G-118, Hawaii Revised Statutes, the
following exemptions from code requirements and standards, as
established by the State Land Use Commission and the Planning
Department, for the Proposed Hawi Mutual Self-Help housing
project, are requested as follows:
1. State Land Use: SLUC - Agriculture
Exemption requested: State Land Use designation from
Agriculture to Urban.
2. Zoning Code: County - Agriculture (A-20a)
Exemption requested: County zoning from Agriculture (A-
20a) to Single Family Residential (RS-10).
3. Subdivision Code:
Exemption requested: That the typical roadway standards
be as shown on the plans.
1
4. Subdivision Code:
Exemption requested: That the typical number of lots
that access a dead end roadway be as shown on the
plans.
5. Subdivision Code:
Exemption requested: That the requirements regarding
the length of a cul-de-sac and minimum block length be
allowed as shown on the plans.
01/28/99
OB29hett
{
~ NOTE
On Resolution 46-99 reference is made to Exhibit "A" attached hereto and
made a part hereof.
Because of the large size of said Exhibit, it is not a part of the duplicate
copies of this Resolution but is available for viewing in the Office of the County Clerk. ~
If further information is needed, please ca11961-8255.
AI Konishi
COUNTY CLERK