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Home My WebLink AboutRES 145 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 145 OS RESOLUTION AUTHORIZING THE ACCEPTANCE OF LOT R-1 (TAX MAP KEY: (3)1-7-001: PORTION OF 012) AND R-2 (TAX MAP KEY: I-7-017: PORTION OF 002), SITUATE AT OLAA, PUNA, ISLAND, COUNTY AND STATE OF HAWAII, FROM THE STATE OF HAWAII. WHEREAS, the State of Hawaii is the owner of Lot R-l, containing an area of 1,163 square feet, identified as Tax Map Key: (3)1-7-001:012 (portion), and Lot R-2, containing an area of 25 square feet, identified as Tax Map Key: (3)1-7-017:002 (portion), situate at `Ola`a, Puna, Island, County and State of Hawaii; and WHEREAS, the State of Hawaii acquired the above-mentioned properties for the realignment of the Volcano/Huina Road intersection, prepared the engineering design and constructed the intersection improvements; and WHEREAS, the County of Hawaii, Department of Public Works, approved/accepted the improvements on December 22, 2004; and WHEREAS, the State of Hawaii has agreed to transfer the subject properties to the County of Hawaii by Quitclaim Deed (see attached); and WHEREAS, Article XIII, Section 13-12, of the Hawaii County Charter 2000, provides that the Council may accept land on behalf of the County of Hawai `i. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12, of the Hawaii County Charter, that the County of Hawaii accepts Lot R-1, containing an area of 1,163 square feet, identified as Tax Map Key: (3)1-7-001:012 (portion), and Lot R-2, containing an area of 25 square feet, identified as Tax Map Key: (3)1-7-017:002 (portion), situate at `Ola`a, Puna, Island, County and State of Hawaii, from the State of Hawaii. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor Harry Kim, (2) Bruce C. McClure, Director of Public Works; and (3) Assistant Corporation Counsel Gerald Takase. Dated at xilo ,Hawaii, this 8th day of September , 2005. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES ivOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by RIGA the vote indicated to the right hereof adopted by the HOFFMANN X COUNCIL of the County of Hawaii on Se~t~nber 8, 2005 HOLSCHUH X IKEDA ATTEST: ISBELL X JACOBSON X PILAGO X SAFARIK X 9 0 0 0 ~`:.~~--s-' Reference C-380/P'WIRC -19 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ZA..~:,~ LAND COURT SYSTEM REGULAR SYSTEM Return by MAIL ( ) Pickup by ( ) : TO: THIS DOCUMENT CONTAINS PAGES (including this page) Tax Map Key Nos: (3) 1-7-O1-12 (Portion) (3) 1-7-17-02 (Portion) QUITCLAIM DEED GRANTOR: STATE OF HAWAII BOARD OF LAND AND NATURAL RESOURCES GRANTEE: COUNTY OF HAWAII 25 AUPUNI STREET HII,O, HAWAII 96720 QUITCLAIM DEED KNOW ALL BY THESE PRESENTS: THAT, the STATE OF HAWAII, by its Boazd of Land and Natural Resources, acting pursuant to Section 171-52(c), Hawaii Revised Statutes, hereinafter referred to as the "GRANTOR", for and in consideration of the sum of ONE DOLLAR ($1.00), paid to the State by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as [he "GRANTEE", the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release and forever quitclaim unto the GRANTEE, its successors and assigns, forever: All of its right, title, interest, claim and demand in and to those certain pazcels of land being designated as Lot R-1 and Lot R-2 as shown on the Pazcel Map, Volcano Road, Federal Aid Project No. F-2 (4), at Olaa, Puna, Island of Hawaii, Hawaii, filed in [he Highways Division, Depaztment of Transportation, Slate of Hawaii, and more pazticulazly described in Exhibit "A", which is attached hereto and made a part hereof, hereinafter referred to as the "Property". RESERVING TO THE STATE OF HAWAII, TfS SUCCESSORS AND ASSIGNS, THE FOLLOWING: -1- Vokano-Huina Road/ R-I and R-2 QCD (1) All minerals as hereinafter defined, in, on, or under the Property and the right, on its own behalf or through persons authorized by it, to prospect for, mine and remove such minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of such minerals by any means whatsoever, including strip mining. "Minerals," as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulfur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, bohemite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous or liquid, including all geothermal resources, in, on, or under the Property, fast or submerged; provided that "minerals" shall not include sand, gravel, rock or other material suitable for use and used in general construction in furtherance of the GRANTEE'S permitted activities on the Property and not for sale to others. (2) All surface and ground waters appurtenant to the Property and the right on its own behalf or through persons authorized by it, to capture, divert or impound the same and to occupy and use so much of the Property as maybe required in the exercise of this right is reserved. (3) All prehistoric and historic remains found in, on, or under the Property, including all burial sites, as defined in Chapter 6E, Hawaii Revised Statutes. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2 above, just compensation shall be paid to the GRANTEE for any of the GRANTEE'S improvements taken. -2- Volcano-Huina Road/ R-1 and R-2 QCD SUBJECT, HOWEVER, TO THE FOLLOWING TERMS, CONDITIONS, CONVENANTS AND ENCUMBERANCE: 1. That the GRANTEE, for itself, its successors and assigns, shall waive and release forever, any and all claims and/or causes of action the GRANTEE may have now or in the future, whether presently known or unknown, against GRANTOR, or any agency or political subdivision of GRANTOR with regazd to the Property and its conveyance by this quitclaim deed to the GRANTEE. 2. The Property is transferred in an "as is" condition and the GRANTOR and its agencies make no warranty or representation about: (a) the suitability of the Property for any particulaz use; (b) the physical condition of the Property and any improvements thereon and (c) the presence of any hazardous materials on, about, azound, under, over or within the Property. As used herein the term "Hazardous Materials" means all substances identified, listed or defined as a "hazazdous substance" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601 et seq, or any other federal, state or local environmental laws or otherwise regulated as a dangerous, hazazdous, toxic or cazcinogenic substance under such laws, and the term "Hazazdous Materials Law" means and includes all federal, state and local laws, ordinances, regulations, rules and requirements, now or hereafter in effect, relating to environmental conditions, industrial hygiene or Hazazdous Materials. Furthermore, GRANTOR, makes no warranties about the marketability of the Property and will not be responsible for clearing the Property of structures, vegetation, debris or occupants. -3- Volcano-Huina Road/ R-1 and R-2 QCD 3. That the use and enjoyment of the Property herein conveyed shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, age or a disability as defined in the Americans with Disabilities Act of 1990. 4. That the use of the Property shall be in combination, consolidation or otherwise with other abutting lands owned by the GRANTEE and shall be used in accordance with the requirements of all County, State and Federal authorities, including all applicable County, State and Federal ordinances, statutes, rules and regulations now in force or which maybe in force hereafter, including, without limitation, the appropriate coning and subdivision ordinances of the County of Hawaii. TO HAVE AND TO HOLD the same, together with all the rights, easements, privileges and appurtenances thereunto belonging, or in any way appertaining or held and enjoyed therewith, unto the GRANTEE, its successors and assigns, forever. -4- Volcano-Huina Road/ R-1 and R-2 QCD IN WITNESS WHEREOF, the GRANTOR, has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and these presents to be duly executed, and the GRANTEE herein has caused these presents to be duly executed, both effective as of the date and year first above written. STATE OF HAWAII GRANTOR: Approved by the Board By of Land and Natural Resources Its Chairperson and Member at its meeting held on Boazd of Land and Natural Resources Januazy 26, 2001 Print Name: Item K-2 COUNTY OF HAWAII GRANTEE: APPQ~R~O~V~ED},A~S ~T~O~~FORM: 5~[-GC.~i/i"~~J1CL[~f'yl, BY Its Mayor Deputy Attorney General State of Hawaii Its APPROVED AS TO FORM: Deputy Corporation Counsel -5- Volcano-Huina Road/ R-I and Rd QCD STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 20 before me personally appeazed to me personally know ,who, being by me duly sworn, did say that he is the MAYOR of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, and that the seal affixed to said instnument is the corporate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of the County Council of said County of Hawaii, and said acknowledged said instrument to be the free and deed of said municipal corporation. Notary Public, First Judicial Circuit, State of Hawaii My Commission Expires: -6- Volcano-Huina Road/ R-1 and R-2 QCD ~1; LOT R-1 BEING A PORTION OF GRANT 10,661 TO JAMES G. REID BEING ALSO A PORTION OF LOT 10-B LAND SITUATED AT THE INTERSECTION OF HUINA ROAD AND VOLCANO ROAD, FEDERAL AID PROJECT NO. F-2(4) AT OLAA, PUNA, ISLAND OF HAWAII, HAWAII Beginning at the Northwesterly comer of this parcel of land, on the Southerly side of Huina Road, the coordinates of which refereed to Government Survey Triangulation Station "OLAA"" being 2,350.83 feet South and 940.40 feet West, and running by azimuths measured clockwise from true South: 1. 283° 55' 78.11 feet along the Southerly side of Huina Road; 2. 42° ] 5' 42.89 feet along the Northwesterly side of Volcano Road, Federal Aid Projer, ~o F-~ i;l. thence along the remainders of Grant 10,661 to James G. Reid and Lot 10-B. on a curve to the left with a radius of 33.00 feet, the chord azimuth and distance being: 3. 153° 00' 28.79 feet; 4. 127° 08' 9.74 feet along the remainders of Grant 10,661 to James G. Reid, and Lot 10-B; thence along the remainders of Grant 10,661 to James G. Reid and Lot 10-B, on a curve to the left with a radius of 150.30 feet, the chord azimuth and distance being: 5. 120° 43' 45" 33.53 feet; EXHIBIT A (Page 1 of 2) 6. 235° 10' 3.29 feet along Grant 3978 to L. Turner and Lot 10 to the point of beginning and containing an area of 1,163 Square Feet. a~pt.L N, H UCEkSED y~ PROP=ES^,toNni. ~ Description Prepared By: tARD * S+URYEYOR ENG $ERS SURVEYORS HAWAII, INC. No. t'i64~ Kendall N. H. Hee 900 Halekauwila Street Licensed Professional Land Surveyor Honolulu, Hawaii 96814 Certificate Number 5649 May 23, 2001 99-91 Tax Map Key: 1-7-01: 12 /De~script/bn Checketl / .X K L[.la~~ L2 Catlesbal Erghgsr Dau: 5/30(o t FtJCHIBlT A (Page 2 of 2) t. 'y EXi~iBIT "A" - LOT R-2 BEING A PORTION OF GRANT 3978 TO L. TURNER BEING ALSO A PORTION OF LOT 10 LAND SITUATED ON THE SOUTHERLY SIDE OF HUINA ROAD AT OLAA, PUNA, ISLAND OF HAWAII, HAWAII Beginning at the Northeasterly corner of this parcel of land, on the Southerly side of Huina Road, the coordinates of which referred to Government Survey Triangulation Station "OLAA"" being 2,350.83 feet South and 940.40 feet West, and running by azimuths measured clockwise from true South: 1. 55° 10' 3.29 feet along Grant 10,661 to James G. Reid, and Lot 10-B; thence along the remainders of Grant 3978 to L. Turner and Lot 10, on a curve to the left with a radius of 150.30 feet, the chord azimuth and distance being: 2. 109° 07' 15" 27.27 feet; 3. 283° 55' 29.33 feet along the Southerly side of Huina Road to the point of beginning and containing an area of 25 Square Feet. p11 N. ti y~ Description Prepared By: LICENSED ~ PRDFESSlQNAL tanD EN ERS SURVEYORS HAWAII, INC. * SURVEYOq ~ y No. 5649 ~.JV.-..y.iw... Kendall N. H. Hee 900 Halekauwila Street Licensed Professional Land Surveyor Honolulu, Hawaii 96814 Certificate Number 5649 May 23, 2001 99-91 ea~^ c^°~aO Tax Map Key: 1-7-17:2 . ~ ca.wai Env Deb: 5 ~30~ 0 1 r, LOT 8 G, ? ,J4J.77 5 "aw G ~ 966.67 W ~ I 11J9. IO S '0(Aq p~ ~ y I,J91.J0 W i~ bLA4'o ~s16J0• ~ , ~ ~ Lor 7-A 289' 07' 75' ~ R-2 i ss. 7p,_ 19. ~ J50.BJ S 75837 7$jB0 Qn 10.10 W 1xM "o JO ~ }0 ~ ~ ~ J79 JO lj 9~,ne Y04.~9 I ~ O Irov ~ LOT A 30 j3 3 a5--~1 dpi. O /T~ ~ r 1 ~ 1 fur Y: 7 A I Cranf J97B to Iwnn p 1 Z ~o~ by r Np~ ~ C t• .A ~ ~ 1 N ~ °i i ° ,11• .1 T _ 1 t.OT B \ 27,531 Sq. Ft. I L ~ Cron( J97B fo L. comer ~ ~ N o 10 ~ ~ nor Ia-c-2 n o Lor c-I-A ~ ~ 33' lo', ~ ~ 10 lsiea Por. wwonl rf,as /sc.s~, ' 3 0 (Y~YeeJ SMrvs /AOyu py, C is ~ J o ~ _ I i~ '~R~~° 1~~' 300' 4J' 4Y Cot f0-C-1 r 3J5J 1 = ~ /ETA- JOT p8~ ie ~ 2 ~ 266' S2' 129. R=:JJ00~ 41.89 OT R-1 - To uolcono 4?' 16' - 17129 1,163 Sq. R 7,401,JB 28.79 7o Hilo B9J45 W VOLCANO ROAD L~ N' y Federal Aid Project No. F-2(4J ,k'' ur.~tsFa . ~ Plan Showing Subdivision of Grant 3978 to L Turner y and portions of Grants 11,196 to (Miles) Shizue Naguwa 9h'All, U•`'P and 10,681 to James G. Reid into Lots A, B, R-1 and R-2 - at Olae, Puna, Island of Hawaii, Hawaii ,..°°,w e, m. T.M.K 1-7-01• parcel 12 " m' ~ T.M.K 1-7-17: parcel 2 6, , Client: State of Hawaii ° Department of Transportation if ale N"mper 56.9 Honolulq Hs~ail ENGIIdBERS $URVEYOR3 HAWA4 INC. Y00 H~Lloau~dh 8t=wt 99-91 cIVII, swaa>sdss LAxp avavaroas rtrrlsass Oetobsr 19, 2000 w~.ul~~T w Aprll 19, 2001