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HomeMy WebLinkAboutRES 225 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 225 f)5 RESOLUTION ACCEPTING THE DEDICATION OF LOT 4 (KAILUA-HUALALAI ROAD), CONTAINING AN AREA OF 0.795 ACRE, SITUATE IN THE DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, BEARING TAX MAP KEY: (3)7-5-010:084, FROM LEONARD RADCLIFFE GREENWELL. WHEREAS, Leonard Radcliffe Greenwell is the owner of Lot 4 (Kailua-Hualalai Road), containing an area of 0.795 acre, situate in the District of North Kona, County and State of Hawaii, specifically identified as Tax Map Key: (3)7-5-010:084, being more particularly described in the attached deed (Exhibit "1 and delineated on Exhibit " 2" attached hereto, which is a portion of the Kailua-Hind"alai Road needed to access the Hualalai Elderly Housing Project; and WHEREAS, Leonard Radcliffe Greenwell is desirous of dedicating the subject roadway to the County of Hawaii; and WHEREAS, the Eualalai Elderly Housing Project has been exempted from the provisions of Chapter 23 of the Hawaii County Code by Resolution No. 144-99; and WHEREAS. in lieu of making improvements to Hualalai Road, the Hawaii Island Community Development Corporation, a nonprofit entity, developer of the Hualalai Elderly Housing Project, has put $100,000 per phase into a fund; and WHEREAS, Article X[[I, Section 13-12 of the Hawaii County Charter provides that the Council, on behalf of the County of Hawaii, 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 HAWAI` 1, that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, that the County of Hawaii accepts Lot 4 (Kailua-Hualalai Road), containing an area of 0.795 acre, situate in the District of North Kona, County and State of Hawaii, specifically identified as Tax Map Key: (3)7-5-010:084, and being more particularly described in the attached deed (Exhibit °1") and delineated on Exhibit " 2" attached hereto. BE IT FURTI~ER RESOLVED that a copy of this resolution be forwarded to (1}Mayor I-Tarry Kim; (2) the I)epartrnezxt of P~~blic ~Noxks; (3) Assistant Corporation Counsel Gerald Ta~ase; and (~l) Alan M. Oka~.fAoto, Nakaanoto, Okamoto ~ Y'aa:namoto, 187 Kapi`olani Street, Hilo. Hav~rai`i 96720, attorney for Leonard Radcliffe Greener-c:ll. Dated at Hilo . Ila~ai`i, this 20th day of January , 2006. INTRODUCED BY: COUNCIL 10~1EI<-4BER, COUNTY OF HAWAII COUNTY COUNCIL KOLL CALL VOTE County of I-Iawai`i AYES NOES ABS EX Hilo, I Iawai`i - AR, :KAKI I hereby certify that the foregoing RESOLUTION was by the III=A X vote indicated to the right hereof adopts°;ti by the COUNOIL of („srFMANN X the County of I-Ia.vai`i on ~ T.anta.~.~~ ~Q ~ X006 ~ ;ta1,SCHL:H X [KEDA X ATTEST: ISI =rLL, X JACOBSON X PI( AGO X S_ f~I=ARIK X Reference C-588/PWI~RC -30 f COl INTY CLERK ' C -AIRMAN & PRESIDING OFFICER RESOLUTION NO. 2 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: Grantor: LEONARD RADCLIFFE GREENWELL, whose wife's name is Patricia Gilman Greenwell; Grantee: COUNTY OF HAWAII, a municipal corporation, with its principal place of business and mailing address at 25 Aupuni Street, Hilo, Hawaii 96720. Affects: TMK (3rd) 7-5-10: ~6 (Lot 4) This~iocument contains z pages. 1 EXHIBIT "1" KNOW ALL MEN BY THESE PRESENTS: That LEONARD RADCLIFFE GREENWELL, whose wife's name is Patricia Gilman Greenwell, whose address is ~ ~ ~ hereinafter called the Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) to him in hand paid by COIJN'fY OF HAWAII, a municipal corporation, with its principal place of business and mailing address at 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the Grantee, the receipt whereof is hereby acknowledged, has sold and by these presents does hereby bazgain, sell, assign, convey and transfer unto the said Grantee as a public street or highway, all of the property being Lot 4, a 50-ft Road, containing 0.795 Acres, as shown on Land Court Map 1 with Application 1874 (amended), described in Exhibit A attached hereto and by reference made a part hereof, subject, however, to a perpetual easement to the Water Commission of the County of Hawaii to enter upon, install, maintain, replace, adjust, improve, repair and operate a water system, water pipelines and appurtenances across, over, through and under the said property. TOGETHER, with all and singular the improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. TO HAVE AND TO HOLD the same, for the purposes of a public street or highway forever. And the said Grantor does hereby covenant to and with the said Grantee, its successors and assigns, that he is lawfully seized in fee of the said granted premises; that he has good right 2 and lawful authority to sell and convey the same; that the same is free and cleaz of encumbrance of every kind and character, save and except as noted on said Exhibit A; and that he will and his heirs and assigns shall WARRANT and DEFEND the same to the Grantee, its successors and assigns, forever, against the lawful claims and demands of all persons. IN WITNESS WHEREOF, the said Grantor has hereunto set his hand on this ~9~ day of~c f--cyYlhe? , 2005. LEONARD RADCLIFFE ENWELL 3 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of _ , 2005, before me personally appeazed LEONARD RADCLIFFE GREENWELL, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. ~Z~ Notazy Public State of Hawaii My commission expires:- Il'ZU'ZIIDS 4 EXHIBIT A LOT 4, azea 0.795 acres, as shown on Map 1 of Land Court Application 1874 (Amended) of Leonard Radcliffe Greenwell filed in the Office of the Assistant Registraz of the Land Court, State of Hawaii, being the land in Certificate of Title No. 205,410 issued to LEONARD RADCLIFFE GREENWELL, husband of Patricia Gilman Greenwell. SUBJECT TO: 1. The reservation in favor of the State of Hawaii of all mineral and metallic mines as reserved in Royal Patent Grant Number 1746. 5 i v . r-p~]r~ -5 C~L~.,~i~~ ~ g _b4 ~ 11 if3F.~" •_ti 3r - 76'30 ~ , :.0 n9 _.',Y y,= / 3.45 r e cc,ic, wJ ~ v.pe ,n ~ ,n ~i^ /C (c~ ' F cry.rn rc •7 . r c Z - : ~ ~ ~y ~ ' r~99°Q7 30 ,o~ ~ ~ ~ ~ O - o ti ` LOT ' . ' 1~ ' ~ s, L~ 50-FT ROA(~ ~ ~ ' n ~ _J05'.5~ nq:,r ~2'7.~5 ` iVpc Q 1l _ ~ rcvr~.rn ~9 8..b. , T J ' i cr_.., ~-i- ~ Z;~.o~~ tr' i~ A~•g•.; Zr ~ 6 O. ~ ~C~"S ~ ~ i ~ i a~°53 ~y, } ~ r, J 319 qR fir' ~ ~ qM v 4; i..l, Crli~.~r /r: .5 ~ ~ 1, \ E i ~ t` G 'i ~ < ! l Y - ~ .v o I 3/4 PPG in / / Pipe m r' ! LOT .3 ~ ?Cn Cr',.1G 2B GenerBfE /O ~foundJ 1 Si~af ws// ' c a 18.58/ Acs. 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