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Home My WebLink AboutRES 103 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 1~)3 RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOT R-1 (KAPUKAPU STREET, HO`OMOHALA ROAD, HO`OWAIWAI PLACE AND HO`OWAIWAI COURT), AND ROAD LOT R-2 (LA`ALOA AVENUE), SITUATE IN THE DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, TAX MAP KEY: (3)7-7-027:040 (PORTION), FROM TOWNE KEAUHOU. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, TOWNE KEAUHOU, a Hawaii limited liability company, is the owner of Road Lot R-1 (Kapukapu Street, Ho`omohala Road, Ho`owaiwai Place, and Ho`owaiwai Court), containing an area of 2.750 acres, and Road Lot R-2 (La`aloa Avenue), containing an area of 40,046 square feet, located in the District of North Kona, County and State of Hawaii, specifically identified as Tax Map Key: (3)7-7-027:040 (portion), being more particularly described in the attached dedication deed (Exhibit "A") and delineated on the attached location map (Exhibit "B") attached hereto; and WHEREAS, Towne Keauhou, has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, Towne Keauhou, is desirous of dedicating the subject real property, including all subdivision improvements thereon, to the County of Hawaii for road and drainage 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 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, 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, Hawaii County Charter 2000, 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 Chapter 23 of the Hawaii County Code 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, Hawaii County Charter 2000, and Section 23-10, 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)7-7-027:040 (portion), including all improvements thereon, for public road and drainage purposes. BE IT FURTI~ER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor Harry Kim; (2) Department of Public Works; (3) Assistant Corporation Counsel Gerald Takase; and (4) Christopher L. Lau, Towne Development of Hawaii, Inc., 220 South King Street, Suite 2170, Honol~.lu, Hawaii 968 i 3. Dated at Kona , Hawaii, this 15th day of June , 2005. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of I-Iawai`i Hilo, I-Iawai`i AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the HIGA x vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN X County of ; Iawai`i on June 15 , 2 0 0 5 HOLSCHUH X IKEDA ATTEST: ISBELL X JACOBSON X P X - SAFARIK X ~ C-285/PWIRC -12 Reference COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ I_~ I EXHIBIT "A" LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ()Pick up To: This document contains 5 pages TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENTS: GRANTOR: TOWNE KEAUHOU LLC, a Hawaii limited liability company GRANTEE: COUNTY OF HAWAII, whose address is 25 Aupuni Street, Hilo, Hawaii, 96720 TMK No.: (3) 7-7-27: por. 40 PROPERTY DESCRIPTION: LIBER/PAGE/DOCUMENT NO.: See Exhibit "A" DOCUMENT NO.: TRANSFER CERTIFICATE OF Island of Hawaii TITLE NO(S).: Alii Heights, Unit 1, Ph. 1 DEDICATION DEED THIS DEED, made this day of 2004, by TOWNE KEAUHOU LLC, a Hawaii limited liability company, whose principal place of business and mailing address is 220 S. King Street, Suite 2170, Honolulu, Hawaii 96813, hereinafter called the "Grantor," and the COUNTY OF HAWAII, a municipal corporation, whose principal place of business and mailing 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 roadway use, 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 good right to sell and convey said Alii Heights, Unit 1, Ph. 1 1 ( 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. 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 term "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 contextthereof. 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. TOWNE KEAUHOU LLC, a Hawaii limited liability company, by Towne Development of Kona, Inc., a Hawaii corporation, its member By Christopher L. Lau Its President Grantor Alii Heights, Unit 1, Ph. 1 2 1 ~ APPROVED AS TO FORM AND LEGALITY: By Corporation Counsel County of Hawaii Date: STATE OF HAWAII ) ss. CITY AND COUNTY OFu~,HONOLULU ) On this ~ I " day of ~u Lt5{ , 2004, before me personally appeared CHRISTOPHER L. LAU, to me i nown, who, being by me duly sworn, did say that he is the President of TOWNE DEVELOPMENT OF KONA, INC., a Hawaii corporation, a member of TOWNE KEAUHOU LLC, a Hawaii limited liability company, and that the foregoing instrument was signed in behalf of said corporation by authority of its Board of Directors and in behalf of said partnership; and said officer acknowledged the instrument to be the free act and deed of said corporation and said limited liability company. ~ ,l o `\\\\``\\\\tpttpltlAlllltlU~ryp ~~2if/y/!^~!H`C/ ° L ^"'"~GC~J N~c c. y°~% o ~:`'OTAR qy2 = Name: Monica L. Hahn _ i~: ~`•pVBL~G.~ ~ ~ Notary Public, State of Hawaii _ P~ ~J~'9rF My commission expires: Nov. 12, 2005 /''/~~q~pglOtllF I11~tPp\\``~~ Alii Heights, Unit 1, Ph. 1 3 I EXHIBIT "A" All of that certain parcel of land situate at Pahoehoe 3`d Pahoehoe 4~h, Laaloa 1~, Laaloa 2nd and Kapalaalae 15~, District of North Kona, Island and County of Hawaii, State of Hawaii, of the "ALIT HEIGHTS, UNIT 1, PHASE I", as shown on File Plan Number 2326, filed in the Bureau of Conveyances of the State of Hawaii, and described as follows: Lot Area R-1 (Road Lot) 2.750 Acres R-2 (Road Lot) 40,046 Sq. Ft. Being a portion of the premises acquired by Warranty Deed dated June 21, 1999, made by Towne-Kona Limited Partnership, a Hawaii limited partnership, as Grantor, in favor of Towne Keauhou LLC, a limited liability company, as Grantee, recorded in said Bureau as Document No. 99-110265. Subject, however, to the following: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. Alii Heights Ph. 1 TJp sit, 1 ~NORTy EXIIIBIT "B" ~ /2 J/ 10 13 29 9 J2 if rs ~ JJ ~ 16 ?7 ~ A!/7 S>REt7 GM re 4 ~ 19 2~ 37 J 2 217 ?3 r 21 ?7 ~ KAI/R.U R) /OFAI,ip(1 P4lfyflgY u•Ka atM.t DEDICATION LOCATION MAP ALIT HEIGHTS, UNIT 1, PHASE I(F.P. 2326) TO BE DEDICATED LA'ALOA AVENUE: KAPUKAPU STREET: HO'OMOHALA ROAD: HO'OWAIWAI PLACE: HO'OWAIWAI COURT TYPE OF ROAD LA'AIOA AVENUE 60-FT. WIDE RIGHT-OF-WAY WITH CURB, GUTTER AND SIDEWALK ALL OTHER ROADS 50-FT. WIDE RIGHT-OF-WAY WITH CURB, GUTTER AND SIDEWALK LENGTH OF ROAD(S) 558-FT.: 897-FT.: 851-FT.: 318-FT.: 308-FT. NUMBER OF LOTS 39 AVERAGE LOT SIZE 15,000 S0. FT. TAX MAP KEY 7-7-027 040 (3RD DIVISION) SHEET 10F 1SHEET pATE~ FEBRUARY 11, 2005 February 11, 2005 p:\active\14000-14999\14745.74\1474574M.dgn