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HomeMy WebLinkAboutCOM 0391.000 1996-1998 Minor s4 Stephen K. Yamashiro ,t~ Richard Wurdeman tVt6yor Corporation Counsel •J.; y~•0f•N'i~~ ~D1Ilt~~1 II~ ~i;C~lYt~il OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Srreee, Suire 325 • Hilo, Hawaii 96720-9262 • (808) %1.8251 • Fax (808) 961-8622 GO June 30, 1997 O C~ c C- ; r Honorable James Arakaki, ~ Chairman and Members Hawaii County Council 25 Aupuni Street ~ ~ Hilo, Hawaii 96720 c n c~ Dear Chairman Arakaki and Council Members: Re: Dedication Deed--Westpac Development Venture Alii Lani Increment 1 Phase 1 Tax Ma 3~~Cev (317-5-20:073 ortion~ We are transmitting for the Council's review and consideration for acceptance a copy of the above dedication deed, along with a resolution accepting the deed. For your information, the deed has been reviewed by the Department of Public Works, Department of Water Supply and the Planning Department and all have recommended acceptance of the dedication deed. All subdivision improvements have been completed. Upon acceptance of the above dedication deed, please send notification of such acceptance to (1) Steven S.C., Lim, Cazlsmith, Ball, Wichman, Case & Ichiki, P. O. Box 686, Hilo, Hawaii 96721-0686; (2) Harry Takahashi, Director of Finance, County of Hawaii; and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said deed with the Bureau of Conveyances. Sincerely, RICHARD D. WURDEMAN Corporation Couns~e~lp,~ By G LD TAKASE Deputy Corporation Counsel GT:de Encs. a:\dedication\westpltr.wpd ll++ 1Z6S: /1$ File Wr,, .)Ug Rel. ~ LAND COURT SYSTEM REGULAR SYSTEM Retum by: MAQ. (X) PICKUP ( ) TO: STEVEN S. C. LIM CarlsmilhBall WichmanCase.@.Ichiki 121 Waianuenue Avenue Hilo, Hewaii 96720 TITLE OF DOCUMENT: DEDICATION DEED PARTS TO DOCUMENT: GRANTOR: WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership, whose principal place of business and mailing address is Pacific Tower, Suite 1500, 1001 Bishop Street, Honolulu, Hawaii 96813 GRANTEE: COUNTY OF HAWAII, a municipal Hawaii corporation, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 TAX MAP KEY (3) 7-5-20:pation of 73 (I.ot 8-A-3) SSL/jec/4-7-97 2000693.1.037114-I DF.DiCATiON DEED KNOW ALL MEN BY THESE PRESENTS THAT WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership, whose principal place of business and mailing address is Pacific Tower, Suite 1500, 1001 Bishop Street, Honolulu, Hawaii 96813, hereinafter called the GRANTOR, for and in consideration of the sum of TEN AND NO/100 DOLLARS (SI0.00) and other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal Hawaii corporation, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the GRANTEE, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the said Grantee, its legal successors and assigns, for roadway purposes, the following described property: That certain parcel known as Lot 8-A-3, being portions of Lot 8-A, Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams, and Royal Patent 7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo, situated along the easterly side of Alii Drive at Puapua'a 1st and Puapua'a 2nd, North Kona, Island and County of Hawaii, State of Hawaii, as more particularly descn'bed in Exhibit A and depicted in Exhibit B attached hereto and made a part hereof, subject to the encumbrances noted therein. TO HAVE AND TO HOLD the same unto the said Grantee, its legal successors and assigns, in fee simple forever. And the Grantor, for itself, its successors and assigns, hereby covenants and agrees to and with the Grantee that upon the execution of this conveyance it is seised of said property in an estate in fee simple, and that the same is free and clear of all encumbrances, except as aforesaid, and said Grantor further covenants and agrees that it will warcant and defend the fee simple title conveyed and intended to be conveyed against the lawful claims of all persons. 2 2000691 1.037114• I 0 IN WITNESS WHEREOF the said Grantor has caused this instrument to be duly executed on this day of , 1997. WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership By: WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation CURTIS D. DE WEESE Its Vice President Grantor COUNTY OF HAWAII, a municipal Hawaii corporation By: STEPHEN K. YAMASHIItO Its Mayor Grantee RECOMMEND APPROVAL: DEPARTMENT OF PUB IC WORKS By:~ DONN AY K. K AKI Its Chief Engineer APPROVED AS TO FORM AND LEGALITY: By: ~z`- Deputy Corporation Counsel Dated: 6-30-97 3 2000693.1.037114-I STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 1997, before me personally appeared STEPHEN K YAMASHIRO, to me personally known, 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; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN K. YAMASHHtO acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) on this 2'`=~ day of ~T~-~ , 1997, before me personally appeared CIJRTIS D. DE WEESE, to me personally known, who, being by me duly sworn did say that he is the Vice President of WESTERN PACIFIC DEVELOPMENT, LTD., a Hawaii corporation, the general partner of WESTPAC DEVELOPMENT VENTURE, a Hawaii limited partnership, and that said instrument was signed on behalf of said corporation by authority of its board of d'vedors and in behalf of said partnership, and said officer acknowledged the instrument to be the free act and deed of said corporation and partnership. Notary Public, State of Hawaii ~/S- My commission expires: .S i`oL - LOT 8-A•3 land situated along the Easterly side of Alii Drive at Puapua'a 1st and Puapua'a 2nd, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 8-A; Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams; and Royal Patent 7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo. Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 5-A and being a point on the Easterly side of Alii Drive, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 1,662.07 feet South and 939.26 feet East and running by azimuths measured clockwise from True South: Thence following along the Easterly side of Alii Drive on a curve to the right with a radius 5,704.70 feet the chord azimuth and distance being: 1. 155° 34' 53.5" 242.62 feet to a point; 2. 156° 48' 826.93 along the Easterly side of Alii Drive to a point; Thence following along Lot 9 (Road Reserve) and along the remainder of Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams on a curve to the right wkh a radius of 30.00 feet, the chord azimuth and distance being: 3. 173° 34' 43" 17.32 feet to a point; 4. 336° 48' 843.51 feet along Lot 8-A-2 and Lot 8-A-1 of this subdivision and along the remainders of Lot 8-A, Royal Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams and Royal Patent 7819, land Commission Award 8559-B, Apana 8 to William C. Lunalilo to a point; Pa e1oi2 fNES THOMAS ASSOiC/AYES Land Surveyors 75-5749 Kalawa SaeeC Ka~lua-Kona. Hawaii 967441 B'i„ZX H I B I T A 5. 338° 3T 40" 77.56 feet along Lot 8-A-1 of this subdivision and along the remainders of Lot 8-A and Royal Patent 7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo to a point; Thence following along Lot 8-A-1 of this subdivision and along the remainders of Lot 8-A and Royal Patent 7819, land Commission Award 8559-B, Apana 8 to William C. Lunalilo on a curve to the left with a radius of 5702.70 feet, the chord azimuth and distance being: 6. 335° 11' 31.5" t 65.02 feet to a point; 7. 64° 21' S0' 2.00 feet along Lot 5-A and along the remainder of Royal Patent 7819, Land Commission Award 8559-B, Apana 8 to William C. Lunalilo to the point of beginning and containing an area of 4,799 square feet or 0.110 acre. SUB.IECT, HOWEVER to existing Easement "W-1"for Water Meter and Water Line Purposes. ~~g H. Nq WE5 THOMAS ASSOCIATES O LICENSED ~ o~`-~~ J e2 /~i~ t'~OFESS~ONAL 4/'~ ~~i/""~CCC~, LANG l "11//~~ ,t suavEroa ~ bsao Dennis H. Nakaoka y P• Licensed Professional Land Surveyor 4yyAlI,US State of Hawaii Certificate No. LS-5500 75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817 TMK: 7-5-20: Portion 73 (3rd Division) July 29, 1996 P WES THOMAS ASSOC/AYES Lend Surveyors 75.5749 Kalawa Srree[, Ka~Wa•Kona. hiawaii 96740.1817 ~ _ Y IF - L . { '7S1 mot'? Y 9 - / I`~ 1 ! :E Wiz:: Y3. - ¢ ~ ~ ~ti y h o ~ o ~ ~ j~,y . _ _ ~ i } i:y .il i~' . •~=~5f 9t~ It i e!_ _ a n J ~9 OI~ t i O t :Lp a t1 My !~w ~ ~ g`3 _ ~ v ~ ~ ~ w Y ~ t t _ ~ E3 < V iri O • O ~ ~ ~ • 0 , ! ~ ~ Fem. E 0 Z O O p h t: ~ 1.T " - e~ ~p G~c h o.~ ~N Sq6 3' C ~ 2m m s NN t ~ Q ~~h ~ g~ s3 ~ I a m.~ ~ ~ p U L ~ y~ ~ ~fi o ! 11 t ~ a g' p~ is !e[ V ~ o'~ e t ,,a,....._.. = n ~ _ a a ~ J ~ °c ~ o l t ~j~ . ~ ` . j t~l~;~ -a ~ _ ~ ! ~ ! i! ! 1 ~ ~ i li! •~l I i { r i ~ -I i i. q. _ EXHIBIT B