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Home My WebLink AboutRES 189 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 189 05 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A GOVERNMENT ROAD RESERVE (TAX MAP KEY: (3)6-5-005:022), SI'T'UATE AT WAIMEA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, FROM THE STATE OF HAWAII, FOR THE WAIMEA TRAILS AND GREENWAYS PROJECT. WHEREAS, the State of Hawai `i is the owner of a government road reserve, containing an area oC0.028 acre, identified as Tax Map Key: (3)6-5-005:022, situate at Waimea, District of South Kohala, County and State of Hawaii; and WHEREAS, the County requested this road reserve from the State of Hawaii for the Waimea Trails and Grcenways Project; and WHIiREAS, the State of Hawaii has agreed to transfer the subject road reserve to the County of Hawaii by Quitclaim Deed (see attached); and WHEREAS, Article XIIL, Section 13-12, of the Hawaii County Charter 2000, provides that the Council may accept land on behalf of the County of Hawaii. 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 the road reserve, containing an area of 0.028 acre, identified as Tax Map Key (3)6-5-005:022, situate at Waimea, District of South Kohala, County and State of Hawaii, from the State of Hawaii, for the Waiiroea Trails and Greenways Project. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (I) Mayor Harry Kim; (2) Bruce C. McClure, Director of Public Works; (3) Patricia P. Engelhard, Director of Parks and Recreation; and (4) Assistant Corporation Counsel Gerald Takase. Dated at xilo , Hawaii, this 22nd day of November , 2005. INTRODUCED BY: ~ COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of I-Iaws ° `i Hilo, I~Iawai`i AYES NOES ASS EX ARAKAKI R I hereby certify that the foregoing RESOLUTION was by RIGA X the vote indicated to the right hereof adopted by the HOFFMANN COUNCIL of the County of Hawaii on ?Jovember 22, 2005.1 F40LSCHUH IKEDA X ATTEST: ISBELL X JACOSSON X PILAGO SAFARIK 9 0 0 0 _ ~ Reference C-479 LRC - 2 9 COUNTY CLERK CHAIRMAN ~ PRESIDING OFFICER RESOLUTION NO. ) _ LAND COURT SYSTEM ) REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Total Number of Pages: LOD No. 26,782 Tax Map Key No. (3)6-5-05:22 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT, effective as of the day of 20 the STATE OF HAWAII, hereinafter referred to as the "Grantor," by its Board of Land and Natural Resources, for good and valuable consideration, paid to and at the Department of Land and Natural Resources by the COUNTY OF HAWAII, whose address is 25 Aupuni Street, Room 215, Hilo, Hawaii 96720-4252, hereinafter referred to as the "Grantee," the receipt whereof is hereby acknowledged, does hereby remise, release and forever quitclaim without prejudice to the Grantor's contention that the subject parcel is already owned by the County of Hawaii, pursuant to Section 264-2, Hawaii Revised Statutes, unto the Grantee, its successors and assigns, all of its right, title, interest, claim, and demand in and to that certain parcel of land situate at Waimea, South Kohala, Island of Hawaii, Hawaii described as "Government Road Reserve," containing an area of 0.028 acre, subject, however, to Perpetual Non-Exclusive Easement for Road 139531 1.DOC DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION PO BO%621 HONOLULU, HAWA1196609 Improvement Purposes, more particularly described in Exhibit "A" and delineated on Exhibit "B," both of which are attached hereto and made parts hereof, said exhibits being, respectively, a survey description and survey map designated C.S.F. No. 24,019 and dated April 18, 2605, prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii. AND the reversions, remainders, rents, issues and profits thereof, and all of the estate, right, title, and interest of the Grantor, both at law and in equity, therein and thereto. RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: 1. All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonable extending to the mining and removal of these minerals by any means whatsoever, including strip mining. "Minerals," as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, 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 land, 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 land and not for sale to others. 2. All surface and ground waters appurtenant to the land and the right on its own behalf or through persons authorized b}' it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Grantee for any of Grantee's improvements taken. SUBJECT TO rights of native tenants and regulatory rights and ownership rights (if any) of the State of Hawaii established pursuant to state law including Chapter 6E, Hawaii li9933 1.~OC - -2 DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION ~o. eozfir HONOWLU. HgWgll 96869 Revised Statutes, over prehistoric or historic remains found in, on, or under the land. AND the Grantee, for itself, its successors and assigns, covenants with the Grantor and its successors as follows: 1. The use and enjoyment of the land 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, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. 2. The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned by the Grantee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. 3. That should the roadways herein granted be vacated, closed, abandoned, or discontinued, disposal of same shall be in accordance with provisions of Section 264-3, Hawaii Revised Statutes. TO HAVE AND TO HOLD the same together with all of the rights, easements, privileges and appurtenances thereunto belonging or in anyways appertaining or held and enjoyed therewith unto said Grantee, its successors and assigns, forever, except as noted herein. 139933 1.DOC -3- DEPARTMENT OFLAND AND NATURAL RESOURCES LAND DIVISION PO. 80%62i HONOLULU, HAWAII 96809 IN WITNESS WHEREOF, the STATE OF HAWAII, the Grantor herein, has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and these presents to be duly executed this day of 20 and the COUNTY OF HAWAII, the Grantee herein, has caused these presents to be executed this day of 20 both effective as of the day, month, and year first above written. STATE OF HAWAII Approved by the Board of Land and Natural Resources By at its meeting held on Chairperson November 19, 2004. Board of Land and Natural Resources GRANTOR APPROVED AS TO FORM: ~~,,11 ~n ^ COUNTY OF HAWAII 'W~ YV~ Deputy t orney General ll BY Dated: _ V ® ~ Its Mayor GRANTEE APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel Dated: 1399s3 LDOC -4- DEPARTMENT OF LANDAND NATURAL RESOURCES LAND DIVISION PO. BO%621 HONG W LU, .vAWAII 96809 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 20 before me personally appeared HARRY KIM, 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 the 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 HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: 139933 1.~OC -5- DEPARTMENT OFLANO AND NATURAL RESOURCES LAND DIVISION PO. BOX 62i HONOWLU. HAWA1196609 l~„rr STATE OF HAWAII SURVEY DIVISION DEPT. OF ACCOUNTING AND GENERAL SERVICES p C,~.?. No 24,019 NONOLU LU Aprll 18, 2005 GOVERNMENT ROAD RESERVE Waimea, South Kohala, Island of Hawaii, Hawaii Being a portion of the Government (Crown) Land of Waimea. Beginning at the northwest comer of this parcel of land, the southwest corner of Grant 13,643 to Richard Smart and on the northeast side of Lindsey Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 2146.90 feet South and 2227.50 feet West, thence running by azimuths measured clockwise from True South:- 1. 237° 19' 66.50 feet along Grant 13,643 to Richard Smart; 2. 270° 51' 36.30 feet along Grant 13,643 to Richard Smart; 3. 335° 32' 11.06 feet along Grant S-13,706 to Richard Smart; 4. 40° 51' 38.02 feet along Grant ] 2,235 to Megumi Sameshima; 5. 57° 19' 42.58 feet along Grant 12,235 to Megumi Sameshima; 6. 9° 42' 30" 26.97 feet along Grant 12,235 to Megumi Sameshima; C.S.F. No. 24,019 April 18, 2005 7. 142° 06' 30.04 feet along the northeast side of Lindsey Road to the point of beginning and containing an AREA OF 0.028 ACRE. Subject, however, to Perpetual Non-Exclusive Easement for Road Improvement Purposes covered by Grant of Easement: State of Hawaii to the County of Hawaii dated December 21, 1970 and recorded in Liber 7342, Page 391 (Land Office Deed 25503). SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF,~HA~W~AII sy. --i~~.w.--- l `~a . Glenn J. Kodani Land Surveyor gm Compiled from CSF 16076 and other Govt. Survey Records. -2-