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Home My WebLink AboutRES 104 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 104 AUTHORIZING THE ACCEPTANCE OF A DONATION OF REAL PROPERTIES SITUATE AT AHUALOA, DISTRICT OF HAMAKUA, ISLAND AND COUNTY OF HAWAII, DESIGNATED AS TAX MAP KEY: (3)4-6-009:008, FROM ELIZABETH L. RAPOZO, TRUSTEE. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the Elizabeth L. Rapozo, Trustee under the Trust Agreement of Ernest S. Texeira, is the present owner of real properties at Ahualoa, District of Hamakua, specifically Tax Map Key: (3)4-6-009:008, containing a total area of 6,527 square feet, more particularly described in the deed attached hereto as Exhibit "A"; and WHEREAS, the subject road parcels were established in 1976 by Ernest Texeira as part of a subdivision of his land along Kahana Drive, which is part of the road system in Ahualoa Homesteads and is County owned and maintained; and WHEREAS, Ernest Texeira had intended to convey the subject road parcels to the County of Hawaii to correct the encroachment of Kahana Drive onto property owned by Ernest Texeira, but for some reason this never took place; and WHEREAS, Ernest Texeira passed away in 1998 and his daughter, Elizabeth L. Rapozo, who discovered that these roadway parcels were never donated, would now like to donate the subject road parcels 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 Tax Map Key: (3)4-6-009:008, containing a total area of 6,527 square feet, more particularly described in the deed attached hereto as Exhibit "A," from Elizabeth L. Rapozo, Trustee under the Trust Agreement of Ernest S. Texeira. SE 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) Elizabeth L. Rapozo, Trustee, 1465 Kalote Place, i--lifo, Hawaii. Dated at Kong , Hawaii, this 15th day of June , X005. INTRODUCED SY: COUa~CIL MEMBER, COUNTY OE HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, I~awai`i AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by HIGA x the vote ind::sated to the right hereof adopted by the HOFFMANN COUNCIL of the County of Hawaii on June 15, 2005. HOLSCHUH X IKEDA X ATTEST: ISBELL X JACOBSON X PI LAGO SAFARI K 7 0 2 0 ~~~`~i'~~'` Reference C 286/~V~RC -13 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ 1 ~ ~ ~ LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel (GT) County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Total Pages: TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT GRANTOR: ELIZABETH L. RAPOZO, TRUSTEE 1465 Kalote Place Hilo, Hawaii 96720 GRANTEE: COUNTY OF HAWAII 25 Aupuni Street Hilo, Hawaii 96720 AFFECTS TAX MAP KEY: (3)4-6-009:008 EXHIBIT "A" WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That, ELIZABETH L. RAPOZO, Trustee under Trust Agreement dated July 22, 1987, made by Ernest S. Texeira as Grantor, which agreement was amended by First Amendment to Trust Agreement of Ernest S. Texeira, dated January 10, 1996, having all powers under said trust agreement, including full power to sell, convey, transfer, or otherwise dispose of all lands of the trust estate and interests therein, whose residence and mailing address is 1465 Kalote Place, Hilo, Hawaii 96720, hereinafter called the "Grantor," in consideration of the sum of ONE DOLLAR ($1.00) and other valuable to her 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 the "Grantee," does hereby grant, bazgain, sell and convey unto the Grantee, its successors and assigns, in fee simple, forever, the following real property: All of those certain pieces or pazcels of land situate at Ahualoa, District of Hamakua, Island and County of Hawaii, State of Hawaii, more pazticulazly described in Exhibit "A" attached hereto and made a part hereof by reference. Being a portion of the premises acquired by Ernest S. Texeira by Decree filed in the Third Circuit Court, State of Hawaii, on October 27, 1976, and recorded with the Bureau of Conveyances of the State of Hawaii in Liber 11767, at Page 206. 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. AND the Grantor, her successors and assigns, does hereby covenant with the Grantee, its successors and assigns, that she is seised in fee simple of the above-described premises; that the same is free and cleaz of and from all encumbrances, except as aforesaid; that she has good right to sell and convey the same as aforesaid; and that she will, and her successors and assigns will, WARRANT AND DEFEND the same unto the Grantee, its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed this day of , 2005. ELIZABETH L. RAPOZO TRUSTEE APPROVED AS TO FORM AND LEGALITY: GERALD TAKASE Assistant Corporation Counsel County of Hawaii STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2005, before me personally appeared ELIZABETH L. RAPOZO Trustee under Trust Agreement of Ernest S. Texeira, dated July 22, 1987, and amended January 10, 1996, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as her free act and deed as said Trustee. Signature Name (Type or Print) Notary Public, State of Hawaii My Commission Expires: F'XHIBIT "A" 3,706 SOUAHE FEET OR O.OBSU RCRES Portion of Lots 5 and 6, Grant 4688 to'Manuel A. Dias Honok as Section, Ahu aloe Homesteads - qhu aloe, Hamakua, Hawaii • Beginning at a pipe at the west cornor of this parcel of land and at the southeasterly side of a Homastsad Road (50-feat wide), the coordinates oP said point oP beginning referred to Government Survey Triangulation Station "Waimea East 8asa" bc;inq 11,098.78 fact North and 42,796.23 feet East and running by a~i- muths measured clockwise from true South: 1. 257° 31' 147.16 Feet along the southeusterJ.y Is ids of a Homastsad Road; 2 22" 17' ~ 80.98 feet along the westerly side of a Homastsad Road; 3. 126" 39' 44.53 feet along Lot 1 to a pipe; thence along Lot 1 along a curve to the loft having a radius oP 95.00 foot, the • chord azimuth and distanco hoing: 4. 102" O5' 78.99 feet to the point of beginn- ing and containing en area of 3,706 Square Feat or O. UB50 Acres. HURRAY, SMITH 6 gSSOCIATf S, LTD. Donald James Murray Registered Surveyor Hilo, Hawaii November 2, 1976 hm .SNKCIIc Br fQddeclRl(,6..C~L~ REU I6TERED EURVfiYOR6 OIPIOC VIWNC NSd1:0 11. n'F N, xluo x~rAII 2,021 SQUARE FEET OR 0.0647 ACRES Portion of Lots 5 and 6, Grant 4600 to Manuel A. Dias Honokaa Section, Ahualoa Homesteads • Ahualoa, Hamakua, Hauaii Beginning at a pipo at the east corner of this Parcol ilf land, the coordinates of said point of beginning and refarrud to Government Survey Triangulation Station "Waimea East Base" ho inr7 11,021.~i2 Feet North and 43,202.04 fnut Cast and runniny by azi- muths measured clockuiso from true South: 1. U2" 14' 30" 81.32 feat along Lot 4; 2. 213" 32' 92.34 feat along the sou theas to rly side of a Homestead Road; 3. 335" 62' 72.31 feet along the sout:huester[y sitle of a Homes toad Road to tho Point of beginning and containing an area of 2,021 ' Squaro Feet or O.D647 Ncres. HURRAY, Sf'II TH ~ ASSOCIATES, LTU. By rQ}~ruLf Yk"a`s~ Dtlnald James Murray Reyistered Surveyor Hilo, Hauaii November 2, 1976 hm JJlwiv[ay. $~utlc & 1QOaecCalca..G~Gd. REGISTERED BURVEYORR ornce nx~xe "u-me i. u. eux «.o NILa NAtATI