HomeMy WebLinkAboutRES 246 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A REMNANT PARCEL AND
RIGHTS-OF-WAY (TAX MAP KEYS: (3)2-4-012:043; 2-4002: PORTIONS OF 001 AND 128),
SITUATE AT WAIAKEA, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII,
FROM THE STATE OF HAWAf`I, FOR THE KAWAILANI STREET IMPROVEMENTS,
`IWALANI STREET TO POHAKULANI STREET.
WHEREAS, the State of Hawaii is the owner of a Parcel 2 (760 square feet) and Remnant R-2
(1,640 square feet), identified as Tax Map Key: (3}2-4012:043, situate at Waiakea, District of South
Hilo, County and State of Hawaii; and
WHEREAS, the State of Hawaii is the owner of Parcel 11 (2,279 square feet), identified as
being a portion of Tax Map Key- (3)2-4-002:128, and which is a portion of the Kawailani Firc Station
site, situate at Waiakea, District of South Hilo, County and State of Harvai`i; and
WHEREAS, the State of Hawaii is die owner of Parcel 32 (367 square feet', identified as being
a portion of Tax Map Key: (3)2-4-002:001, and which is a portion of the Hilo Municipal Golf Course.
situate at Waiakea, District of South Hilo, County and State of Hawaii; and
WHEREAS, the Cowlty requested these remnant and rights-of--way from the State of Hawaii for
the Kawailani Street [mprovements, `[walani Street fo Pohakulani Street; and
WHEREAS, the State of Hawaii has agreed to transfer the subject remnant and rights-oG-way to
the County of Hawaii by Land Patent Grant No. S-16,005 (see attached); and
WHEREAS, Article Xlii, 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 Parcel 2 (760 square feet) and Remnant R-2 (1,640 square feet), identified as
Tax Map Key: (3)2-4-012:043, Parcel 11 (2,279 square feet), identified as being a portion of Tax Map
Key: {3)2-4-002:128, and Parcel 32 (367 square feet), identified as being a portion of Tax Map
Key: (3)2-4-002:001, situate at Waiakea, District of South Hilo, County and State of Hawaii, all more
particularly described in Land Patent Grant No. 5-16,005 attached hereto, from the State of Hawaii, for
the Kawailani Street Improvements, `Iwalani Street to Pohakulani Street.
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 Hilo , Hawaii, this 15th day of February , 2006.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI X
I hereby certify that the foregoing RESOLUTION was by HIGH X
the vote indicated to the right hereof adopted by the HOFFMANN X
COUNCIL of the County of Hawaii on February 15, 2006. HOLSCHUH X
ATTEST: I KEDA
ISBELL
JACOBSON X
PILAGO
SAFARIK X
9 0 0 0
/A/ ~1--~ Reference C-643/PWIRC-32
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~ ~ ~
LAND COURT SYSTEM ) REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
Total Number of Pages:
Tax Map Key Nos. (3)2-4-012:043;
2-4-002:Por. 1 and Por. 128
PATENTOR: STATE OF HAWAII
PATENTEE: COUNTY OF HAWAII
25 Aupuni Street, Room 215
Hilo, Hawaii 96720-4252
LAND PATENT GRANT NO. 5-16,005
BY THIS PATENT the State of Hawaii, in conformity with
the laws of the State of Hawaii relating to public lands,
pursuant to the approval by the Board of Land and Natural
Resources on September 24, 2004, and acting pursuant to Section
171-95(a)(1), Hawaii Revised Statutes, grants to the COUNTY OF
HAWAII, whose address is 25 Aupuni Street, Room 215, Hilo, Hawaii
96720-4252, hereinafter referred to as the "Patentee," for good
and valuable consideration, the receipt whereof is hereby
acknowledged, all of the land situate at Waiakea, South Hilo,
Island of Hawaii, Hawaii, being:
"Kawailani Street Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project No. STP-2760(2),"
16'1222 1 . DOC PRELIM. APPR'D
Oeparim and o(Ihe
Attorney General
DEPARTMENT OFLANDAND NATURAL RESOURCES
LAND DIVISION
P.O. BOX 891
IgNOLULU, IUWAIl 98809 `
consisting of Parcel 2 containing an area of 760 square feet, and
Remnant R-2 containing an area of 1640 square feet, 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 prepared by the Survey Division, Department of Accounting and
General Services, State of Hawaii, both being designated C.S.F.
No. 24,084 and dated August 12, 2005.
"Kawailani Street Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project No. STP-2760(2),"
consisting of Parcel 11 containing an area of 2,279 square feet,
reserving to the State of Hawaii, its successors and assigns,
portion of Waterline Easement 6, and Parcel 32 containing an area
of 367 square feet, more particularly described in Exhibit "C"
and delineated on Exhibit "D," both of which are attached hereto
and made parts hereof, said exhibits being respectively, a survey
description and survey map prepared by the Survey Division,
Department of Accounting and General Services, State of Hawaii,
both being designated C.S.F. No. 24,085 and dated August 12,
2005.
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 reasonably 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 Patentee'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 by 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.
PRELIM. AYPR'D
167222 1.DOC 2 Dopanmenl of the
>nomey Generol
DEPARTMENT OFLANDAND NATURAL RESOURCES
LAND DIVISION
P.O. BOX 921
1gNOLI1lA1, HAWMI 89908
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 Patentee for any of Patentee's
improvements taken.
AND THE PATENTEE, for itself, the Patentee's successors
and assigns, covenants with the State of Hawaii, and its
successors as follows:
A) The use and enjoyment of the land herein granted
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.
B) The use of the land shall be in combination,
consolidation, or otherwise with other abutting lands owned by
the Patentee and shall be used in accordance with the appropriate
zoning and subdivision ordinances of the County of Hawaii.
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
Revised Statutes, over prehistoric or historic remains found in,
on, or under the land.
TO HAVE AND TO HOLD said granted land unto the said
Patentee, the Patentee's successors and assigns forever, subject,
however, to the reservations, conditions and covenants herein set
forth.
167222 1.DOC 3 , PRE LIM. APPR'D
Dopnnmcnt n( the
Attorn ey Gonerol
DEPARTMENT OFLAND AND NATURAL RESOURCES \
LAND DIVISION ^ /
vo. eox eat
NIXJOLUIU, HAWAII 96eUD
IN WITNESS WHEREOF, the State of Hawaii, by its Board
of Land and Natural Resources, has caused the seal of the
Department of Land and Natural Resources to be hereunto affixed
and this Patent to be duly executed this day of
20
STATE OF HAWAII
Approved by the Board
of Land and Natural
Resources at its
meeting held on By
September 24, 2004. Chairperson
Board of Land and
Natural Resources
APPROVED AS TO
FORM AND LEGALITY: PATENTOR
DEPUTY CORPORATION COUNSEL COUNTY OF HAWAI I
COUNTY OF HAWAII
Date
By
A ROVED AS F~ HARRY KIM
Its Mayor
eputy Attorney General PATENTEE
Dated: ~ 17iS/ ~S
PkFliv, APPR'D.
Doponmenl of fhe
167222_1.DOC 4 , Attorney Ganoml
DEPARTMENT QFLAND AND NATURAL RESOURCES
LAND DIVISION
PO. BOX E]I
HONOLULU, IUWAII BBBBB
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 2~ ,
before me personally appeared HARRY KIM, to me personally known,
who, being by me du]y 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:
PfiELiM APP R'D
' UoparlmeN of ,he
htlom cv Gan oral
16'1222 1.DOC 5 -I
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DNISION
P.O. BO%621
r,oria.uw. Mnwui eaeoa
°OI M1
1111. ~
d:=
STATE OF HAWAII
SURVEY DIVISION
DBPT. OF ACCOUNTING AND O[NCRAL SERVICH9
c.~.~. He 24,084 Nono~u~u August 12, 2005
KAWAII,ANI STREET Il~iPROVEMENTS
IWALANI STREET TO POHAKULANI STREET
Federal Aid Project No. STP-2760(2)
PARCEL 2 AND REMNANT R-2
Waiakea, South Hilo, Island of Hawaii, Hawaii
Being portions of the Government (Crown) Land of Waiakea.
PARCEL 2:
Beginning at the southeast corner of this parcel of land, at the
southwest comer of Parcel 3 of Kawailani Street Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project No. STP-2760(2) and on the north side of
Kawailani Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAI" being 11,955.34 feet South and 4805.03 feet
East, thence running by azimuths measured clockwise from True South:-
1. 85° 40' 40.00 feet along the north side of Kawailani Street;
PRELIM. APPR'D.
Onponmont o{ the
AMamey Gonerol
EXHIBIT "A"
-1-
C.S.F. No. 24,084 August 12, 200$
2. 175 ° 40' 19.00 feet along a jog on the north side of Kawailani
Street, along Parcel 1 of Kawailani Street
Improvements, Iwalani Street to Pohakulani
Street, Federal Aid Project No. STP-2760(2),
and Grant 5-15307 to Robert M. Jitchaku and
Carol Ann R. Jitchaku;
3. 265° 40' 40.00 feet along the remainder of Govemment (Crown)
Land of Waiakea;
4. 355° 40' 19.00 feet along Parcei 3 of Kawailani Street
Improvements, Iwalani Street to Pohakulani
Street, Federal Aid Project No. STP-2760(2)
to the point of beginning and containing an
AREA OF 760 SQUARE FEET.
REMNANT R-2:
Beginning at the southwest comer of this parcel of land and at the
northwest corner of Parcel 2 of Kawailani Street Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project No. STP-2760(2), the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HALM" being
11,939.42 feet South and 4763.71 feet East, thence running by azimuths measured
clockwise from True South:-
1. 175° 40' 41.00 feet along Grant S-1$307 to Robert M. Jitchaku
and Carol Ann R Jitchaku;
2. 265° 40' 40.00 feet along Grant S-15307 to Robert M. Jitchaku
and Carol Ann R. Jitchaku;
3. 355° 40' 41.00 feet along Grant 11330 to Miss Kiyono Iwamoto;
PRELIM. AFPR'D.
DepaAmenl of the
A1lemey Gonerol
-2-
C.S.F. No. 24,084 August 12, 2005
4. 85' 40' 40.00 feet along Parcel 2 of Kawailani Street
Improvements, Iwalani Street to Pohakulani
Street, F.A.P. No. STP-2760(2) to the point
of beginning and containing an AREA OF
164G SQUARE FEET.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
sy: '~~'lG~s~
Glenn J. Kodani
Land Surveyor gm
Compiled from map and desc. furn.
by Island Survey, Inc. Said map and
description have been examined and
checked as to form and mathematical
correctness but not on the ground by
the Survey Division.
PRftIM. APVR'D.
Depnnmanl of the
AHOrney Ganewl
-3-
PJ`ra(~rl
r
Lot 59 No~y~t`9
y
W Fje Hose/ors ~ o
W ~o P/o~ Sub ~ 3
~ S. Lot 39 a
c
E Gco°~ `~~6~ 7j5p d/V
/9jon I I y ~
y
H
Lot B-2-A
Grant 5-15307 to
Robert M. Jitchaku and
1--1 Carol Ann R. Jitchaku
REMNANT R-2 26s4o',- ao.oo
1640 SQ. FT. 8 o°a 8 c
Lot 4-A-1 ; g.$ UA
c
o
11,939.42 5 '
4763.71 E
0 26540'x+ 40.00
Parcel 1 ^ g ,~F g Parcel 3
~O
8540 40.00
11,955.34 5
PARCEL 2 4605.03 E
760 SQ. FT. ~
KAWAILANI STREET
KAWAILANI STREET IMPROVEMENTS, IWAL4Nl STREET TO POHAKULANI STREET,
Federal Aid Project No. STP-2760(2)
Parcel 25
w Grant 5-15143 to Grant 11114 to
George H. Miyashiro Hayoko Matsui
w1 ~ and Carol N. Miyashiro
_ µy ~ Lot 6 Lot 7-A-1-A
xa
w
REDl1CED NOT TO SfeAl~
PREIIM, APPR'D.
KAWAILANI STREET IMPROVEMENTS Department of the
IWALANI STREET TO POHAKULANI STREET Anomey General
Federal Aid Project No. STP-2760(2)
PARCEL 2 AND REMNANT R-2
~ 1,_19~L~1 Waiakea, South Hilo, Island of Hawaii, Hawaii
Scale: , inch = 30 feet EXHIBIT "B"
a 6rc
rAr ,wv 2+12: a,r. s3 SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
aSf. 1q. 24,034 FOY Aupuef f$ 1003
•y
n°, i
V
STATE OF HAWAII
fURV[Y DIVIfION
DEPT. Or ACCOUNTING AND 6[N[RAL SBRVIO[S
c.~.?. Ne 24,085 NONOLULU August 12, 2005
KAWAILANI STREET IMPROVEMENTS
IWALAIVI STREET TO POHAKULANI STREET
Federal Aid Project No. STP-2760(2)
PARCELS 11 AND 32
Waiakea, South Hilo, Island of Hawaii, Hawaii
Being portions of the Government (Crown) Land of Waiakea.
PARCEL 11:
Beginning at the northwest corner of this pazcel of land, at the
northeast comer of Pazcel 12 of Kawailani Street Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project No. STP-2760(2) and on the south side of
Kawailani Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALAP' being 11,921.90 feet South and 5773.20 feet
East, thence running by azimuths measured clockwise from True South:-
1. 265° 40' 169.72 feet along the south side of Kawailani Street;
PRELIM. APPR'D.
Deperfinenl of the
AMomey General
EXHIBIT "C"
-1-
C.S.F. No. 24,085 August 12, 2005
2. 13 ° 20' 14.27 feet along Parce132 of Kawailani Street
Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project
No. STP-2760(2) and Hilo Municipal
Golf Course, Governor's Executive
Order 1223;
3. 85' 40' 165.39 feet along Kawailaru Fire Station Site,
Governor's Executive Order 1641;
4. 175' 40' 13.60 feet along Parcel 12 of Kawailani Street
Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project
No. STP-2760(2) to the point of beginning
and containing an AREA OF 2279
SQUARE FEET.
Reserving to the State of Hawaii, its successors and assigns, portion
of Waterline Easement 6 as shown on plan attached hereto and made a part hereof.
PARCEL 32:
Beginning at the northwest comer of this parcel of land, at the
northeast Corner of Parcel 11 of Kawailani Street Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project No. STP-2760(2) and on the south side of
Kawailani Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "HALM" being 11,909.08 feet South and 5942.43 feet
East, thence running by azimuths measured clockwise from True South:-
1. 265° 40' 51.37 feet along the south side of Kawailani Street;
2. 355° 40' 7.00 feet along Hilo Municipal Golf Course,
Governor's Executive Order 1223;
PREIIM. APPR'D.
Doponment d the
AMOmny Goneml
-2-
c.s.F. No. 24,085 August 12, 2005
3. 85° 40' 53.60 feet along Hilo Municipal Golf Course,
Governor's Executive Order 1223;
~ 4. 193' 20' 7.35 feet along Parcel 11 of Kawailani Street
Improvements, Iwalani Street to
Pohakulani Street, Federal Aid Project
No. STP-2760(2) to the point of beginning
and containing an AREA OF 367
SQUARE FEET.
SURVEY DNISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
sy: _ k-~-
Glenn 7. Kodani
Land Surveyor gm
Compiled from map and desc. fern.
by Island Survey, Inc. Said map and
description have been examined and
checked as to form and mathematical
correctness but not on the Bound by
the Survey Division.
PRELIM. APPR'D
Doparlmenl 01 the
AMOmey General
-3-
g
4i
M. Nakaji ~ G~
Mrs. Sogie ~
Gtnnt 11312 tO I O a'
Lot A-1 Lot 1-A-1 ~ Ey
Parcel 9 Parcel f0
KAWAlLANI STREET IMPROVEMENT, IWALANI STREET TO POHAKULANI, Federol Aid Project No. STP-2760(2)
t,,eal.so 5 KAWAII.ANI STREET ' S~z~ E
175'40' S77S2_0 E 13'20' 'MLLAI' A
13.60 ~ 14.27 - 1. 7
P°rcsl 12 35540' 7.00
8540 -
85'40' - 165.39 PARCEL 32
o PARCEL 11 ~ ~ ~ ~ 367 SQ. F!.
2279 S0. FT. ~ ,
z° ~f"
" Waterline
Easement 6
o (C.S.F. 17,674)
a_
KAY.AILANI FIRE STATION SITE I I HILO MUNICIPAL GOLF COURSE
Lot 2-A-7 Governor's Executive Order 1641 ~ Governor's Executive Order 1223
(C.S.F. 11,883) ~ (C.S.F. 10,542)
ly
h I°nl
INriI
W
~ 4
O
a
(7 13 ~I
KAWAILANI STREET IMPROVEMENTS PRELIM. AppR'D.
IWALANI STREET TO POHAKULANI STREET Deportment of the
A"omay General
Federal Aid Project No. STP-2760(2)
PARCELS 11 AND 32
Waiakea, South Hilo, Island of Hawaii, Hawaii
scale: 1 inch = 40 feet
N-1BI0~~ REDl1CED NOT TO SCALE ~~~~~~T ~cDrr
G~
rAx Iwv a+o2 pen or aaa twr. tae SURVEY DIVISION
DEPARTMENT OP ACCOUNTING AND GENERAL SERVICES
csp: rte a+.aa Rat Auprt t; aaae