HomeMy WebLinkAboutRES 258 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 258
RESOLUTION ACCEPTING THE DEDICATION OF REAL PROPERTY, BEING A PORTION
OF TAX MAP KEY: (3)2-4-048:068, SITUATE AT WAIAKEA, IN THE DISTRICT OF SOUTH
HILO, COUNTY AND STATE OF HAWAII, FROM WILLIAM TAKABA AND CHERYL ANN
TAKABA.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, William Takaba and Cheryl Ann Takaba are the owners of Road Lot "B,"
containing an area of 1,080 square feet, more or less, being a portion of Tax Map
Key: (3)2-4-048:068, situate at Waiakea, in the District of South Hilo, County and State of Hawaii,
more particularly described in the attached Dedication Deed (Exhibit "1") and delineated on
Exhibit " 2" attached hereto; and
WHEREAS, William Takaba and Cheryl Ann Takaba are desirous of dedicating the subject
roadway to the County of Hawaii for future road widening purposes along the frontage of Edena
Street; and
WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the
Council 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
HAWAII that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the
County of Hawaii accepts the parcel in the attached dedication deed (Exhibit "1"), and more
specifically identified as being a portion of Tax Map Key: (3)2-4-048:068, consisting of 1,080
square feet, more or less, for future road widening purposes.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor Harry
Kim; (2) the Department of Public Works; (3) Assistant Corporation Counsel Gerald Takase; and
(4) William Takaba and Cheryl Ann Takaba, 2000-A Ainaola Drive, Hilo, Hawaii 96720.
Dated at Hilo , Hawaii, this 5th day of April , 2006.
INTRODUCED BY:
r
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 the xIGA
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN
the County of Hawaii on April 5 , 200 6 xoI,SCHUH X
IKEDA X
ATTEST: IsBELL X
JACOBSON X
PILAGO X
SAFARIK X
8 0 1 0
Reference C-677 /PWIRC- 3 8
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ` ~
G
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail ( ) Pickap ( ) To:
TITLE OF DOCUMENT:
DEDICATION DEED
PARTIES TO DOCUMENT:
Grantors: WILLIAM TAKABA and CHERYL ANN TAKABA, husband and
wife;
Grantee: COUNTY OF HAWAII, a municipal corporation, whose address is 25
Aupuni Street, Hilo, Hawaii 96720.
Affects: TMK (3rd) 2-4-048: 068 This document contains pages.
jk\land\melnwainededicntionroedlotB
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~iTp T.i. 1111
DEDICATION DEED
KNOW ALL MEN BY THESE PRESENTS:
THIS DEED, made this day of , 200_,
by WILLIAM TAKABA and CHERYL ANN TAKABA, husband and wife, whose address
is 2000-A Ainaola Drive, Hilo, Hawaii 96720, hereinafter called the "Grantors," and the
COUNTY OF HAWAII, a municipal corporation, whose address is 25 Aupuni Street, Hilo,
Hawaii 96720, hereinafter called the "Grantee,"
WITNESSETH:
That in consideration of sum of ONE DOLLAR ($1.00) and other valuable
consideration paid by the Grantee, the receipt of which is hereby acknowledged, the
Grantors do hereby grant, dedicate and convey unto the Grantee, its successors and
assigns, forever, the real property described in Exhibit "A", attached hereto and made a
part hereof.
TOGETHER with the reversions, remainders, rents, issues and profits thereof, and
all rights, easements, privileges and appurtenances thereunto belonging or appertaining,
and all of the estate, right, title and interest of the Grantors, both at law and in equity,
therein and thereto.
TO HAVE AND TO HOLD the same, unto the Grantee, for the purpose of a public
street or highway, forever.
AND, in consideration of the premises, the Grantors do hereby covenant with the
Grantee that the Grantors are seised of the property herein described in fee simple; that
said property is free and clear of and from all liens and encumbrances, except as may
herein specifically beset forth; that the Grantors have good right to sell and convey said
jk\land\amlewalnedadicaClonrondlotB -
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property, as aforesaid; and that the Grantors will WARRANT AND DEFEND the same
unto the Grantee against the ?awful claims and demands of all persons, except as aforesaid.
The rights and obligations of the Grantors and the Grantee shall be binding upon
and inure to the benefit of their respective estates, heirs, personal representatives,
successors, successors in trust and assigns. All obligations undertaken by two or more
persons shall be deemed to be joint and several unless a contrary intention shall be clearly
expressed elsewhere herein.
The conveyance herein set forth and the warranties of the Grantors concerning the
same are expressly declared to be in favor of the Grantee, its successors and assigns.
The terms "Grantors" and "Grantee," as and when used herein, or any pronouns
used in place thereof, shall mean and include the masculine or feminine, the singular or
plural number, individuals or corporations, and their and each of their respective
successors, heirs, personal representatives and assigns, according to the context thereof. If
these presents shall be signed by two or more grantors, all covenants of such parties shall
for all purposes be joint and several.
jk\lend\melaweinadadlcetionroadlote
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IN WITNESS WHEREOF, the Grantors have executed these presents on the day
and year first above written.
WILLIAM T {ABA
~
CHERYL ANN TAKABA
APPROVED AS TO FORM:
Deputy Corporation Counsel
County of Hawaii
Dated:
jk\land\maleweinededlcntionroedlote
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STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this 29th day of August , 200 5 ,
before me personally appeared WILLIAM TAKABA, 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.
`LL~,~~LLt ~ - 3~,~-~'u- L . S.
Guillermo G. Sumera
Notary Public
State of Hawaii
My commission expires: 9/22/05
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this 29th day of August , 200 5 ,
before me personally appeared CHERYL ANN TAKABA, to me known to be the person
described in and who executed the foregoing instrument and acknowledged that she
executed the same as her free act and deed.
Guillemta G. Sumera
Notary Public
State of Hawaii
My commission expires: 9/22/05
jk\land\malavainadedicationroadlo[B
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EXHIBIT A
MALAWAINA COURT
ROAD LOT "B"
(5-ft, wide addition to Edena Street right-of--way)
Being a portion of the subdivision of Lot 48-B
Being also a portion of Grant S-13,773 to Kaoru Sunada
Waiakea Homesteads, Second Series
Waiakea, South Hilo, Island of Hawaii, Hawaii
Beginning at the east corner of this road lot, being the southwest corner of Lot 16 of
Komohana Street Lots Subdivision and on the north side of Edena Street, the coordinates
of said point of beginning referred to Government Survey Triangulation Station "HALM"
being 10,830.06 feet South and 2,076.15 feet East, thence running by azimuths measured
clockwise from True South:
1. 85° 40' 216.00 feet along Edena Street;
Z. 175° 40' 5.00 feet along a jog in Edena Street;
3. 265° 40' 216.00 feet along Road Lot "A", Lot 8 and Lot 9 of
Malawaina Court;
4. 355° 40' 5.00 feet along Lot 16 of Komohana Street Lots
Subdivision to the point of beginning and
containing an area of 1,080 Square Feet,
more or less.
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