HomeMy WebLinkAboutRES 309 Draft 01 2004-2006
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. ~6
RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS 51, 52 AND
53, IN KILOHANA KAI AT WAIKOLOA, BEING TAX MAP KEY: (3)6-8-035:052,
SITUATE AT WAIKOLOA, IN THE DISTRICT OF SOUTH KOHALA, COUNTY
AND STATE OF HAWAII, FROM CLEARLY WAIKOLOA LIMITED LIABILITY
COMPANY.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, Cleazly Waikoloa Limited Liability Company is the owner of Road
Lot 51 (70,198 square feet), Road Lot 52 (41,421 square feet), and Lot 53 (41,375 square
feet), identified as Tax Map Key: (3)6-8-035:052, situate at Waikoloa, in the District of
South Kohala, County and State of Hawaii, more particularly described in the attached
Dedication Deed (Exhibit "1 and
WHEREAS, Clearly Waikoloa Limited Liability Company has constructed all
subdivision improvements and received final subdivision approval; and
WHEREAS, Clearly Waikoloa Limited Liability Company is desirous of
dedicating the subject roadways, including all subdivision improvements thereon, to the
County of Hawaii for road and drainage purposes, and the improvements have been
inspected and approved by the County of Hawaii Department of Public Works and the
Planning Department; and
WHEREAS, the subject road and drainage improvements have been completed
according to County of Hawaii standards, are in acceptable condition for dedication, and
in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and
WHEREAS, Section 23-10 of the Hawaii County Code prohibits the council
from receiving by dedication any streets in any subdivision platted after December 2,
1966 except upon full compliance with the provisions of Chapter 23; 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 it finds the subject subdivision and improvements thereon
are in full compliance with the provisions of Chapter 23 of the Hawaii County Code as
certified and approved by all applicable agencies.
NOW, THEREFORE, BE IT FURTHER 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 Road Lots 51, 52 and 53
described in the attached dedication deed (Exhibit "1"), and more specifically identified
as being Tax Map Key: (3)6-8-035:052, including all improvements thereon, for public
road and drainage purposes.
BE IT ALSO RESOLVED that a copy of this resolution be forwarded to:
(1) Mayor Harry Kim; (2) Finance Director William Takaba; (3) the Department of
Public Works; (4) Assistant Corporation Counsel Gerald Takase; and (5) Clearly
Waikoloa Limited Liability Company, 500 Ala Kawa Street, Building 214-A, Honolulu,
Hawaii 96817.
2
Dated at Hilo , Hawaii, this 2nd day of May , 2006.
INTRODUCED BY:
~ ~
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by the H1GA
vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X
the County of Hawaii on May 2 , 2 0 0 6 _ HOLSCHUH X
IKEDA
ATTEST: ISBELL X
JACOBSON X
PILAGO
SAFARIK X
9 0 0 0
n Reference C-804/PWIRC-42
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ {-I ~ ~ ~
3
AFTER RECORDATION O MAIL TO O PICKUP SY: Toral No. ojPager: 11
DEDICATION DEED
Grantor. CLEARLY WAIKOLOA LIMITED LIABILITY COMPANY, a Hawaii limited
liability company
Grantee: COUNTY OF HAWAII, a political subdivision of the State of Hawaii
Property Description:
Roadway Lots 51, S2 and S3 in the '"Kilohana Kai Doc. No. 2001-113131
at Waikoloa", F.P. No.2358, at Waikoloa, South
Kohala, Island and County of Hawaii, State of Hawaii
Tax Map Key (3) 6-8-35-52
777}6.2
EXEIIBIT "1"
THIS DEED, made this 14th day of Apri 1 , X004, by
CLEARLY WAIKOLOA LIMITED LIABILITY COMPANY, a Hawaii limited liability
company, whose principal place of business and mailing address is 500 Ala Kawa Street,
Building Z 14-A, Honolulu, Hawaii 96817, as grantor (hereinafrer called "Grantor"), and the
COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of
business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, as grantee (hereinafrer
called "Grantee"),
WITNESSETH:
That in consideration of the sum of ONE DOLLAR (S 1.00) and other valuable
consideration paid by Grantee, the receipt of which is hereby acknowledged, Grantor does hereby
grant, dedicate and convey unto Grantee, its successors and assigns, forever, the real propery
described in Exhibit A attached hereto and made part hereof by reference.
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 Grantor, both at law and in equity, therein and thereto.
TO HAVE AND TO HOLD the same, unto Grantee, for the purpose of roadway
use, forever.
AND, in consideration of the premises, Grantor does hereby covenant with
Grantee that Grantor is 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 be set
forth; that Grantor has good right to sell and convey said property, as aforesaid; and that Grantor
will WARRANT AND DEFEND the same unto Grantee against the lawful claims and demands
of all persons, except as aforesaid.
The rights and obligations of Grantor and Grantee shall be binding upon and inure
to the benefit of their respective estate, 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 Gran[or concerning the
same are expressly declared to be in favor of Grantee, its successors and assigns.
The term "Grantor" and "Grantee", as and when used herein, or any pronouns used
in place thereof, shall mean and include the rnasculine 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. ifthese presents shall be signed by
two or more grantors, all covenants of such parties shall for all purposes be joint and several.
77136.] ~
IN WITNESS WHEREOF, Grantor has executed these presents on the day and
yeaz test above written.
CLEARLY WAIKOLOA LI~IITED LIABILITY
COMPANY, a Haw i limited liability company
B
Peter Savio
[ts Manager
By
Eric Soto
Its Manager
ni36.z 3
STATE OF HAWAll )
SS.
CITY & COUNTY OF HONOLULU )
On this day of Qr ~ ~ 0 , 2004, before me personally
appeazed Peter Savio, to me satisfactorily proven, who, being by me duly sworn, did say that
such person executed the foregoing instrument as the free act and deed of such person, and if
applicable in the capacities shown, having been duly authorized to execute such instrument in
such capacity.
v
Print Qame: GCr2 G.Vllc~Y1~elf t
Notary Public for above-noted St~~a+`te and County
My Commission expires: O~v+
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU )
On this 14th day of Apri 1 , 2004, before me personally
appeared Eric Soto, to me satisfactorily proven, who, being by me duly sworn, did say that such
person executed the foregoing instrument as the free act and deed of such person, and if
applicable in the capacities shown, having been duly authorized to execute such instrument in
such capacity.
,~(ry.~
Print ame: Justina V . a quez
Notary Public for above-noted Sta a d County
L _S, My Commission expires: 6/ OS
nue.z 4
EXHIBIT A
All of those certain parcels of land situate at Waikoloa, South Kohala, Island and County
of Hawaii, State of Hawaii, being more particularly described as follows:
LOT 51, containing an area of 70,198 square feet,
LOT 52, containing an azea of 41,421 square fee, and
LOT 53 containing an area of 41,375 square feet, of the "KILOHANA KAI AT
WAIKOLOA", as shown on File Plan No. 2358 filed in the Bureau of Conveyances of the State
of Hawaii.
BEING a portion of the premises conveyed to CLEARLY WAIKOLOA LIMITED
LIABILITY COMPANY, a Hawaii limited liability company, by that certain QUITCLAIM
DEED dated July 10, 2001, recorded in said Bureau as Document No. 2001-1 1 3 1 3 1.
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. "EXCEPTING AND RESERVING, HOWEVER, unto the Grantor, its successors
and assigns, all rights to underground water under or appurtenant to the granted
premises, with the right to assign and transfer said tights to the State of Hawaii,
County of Hawaii, Department of Water Supply or any public or private utility or
other corporation; provided, however, that said rights shall not include any surface
right to enter upon and drill for water.", as excepted and reserved in DEED dated
October I8, 1983, recorded in Liber 17412 at Page 62.
3. GRANT
TO HAWAII ELECTRIC LIGHT COMPANY, INC. and
VERIZON HAWAII, INC.
DATED February l8, 2003
RECORDED Document No. 2003-029586
GRANTING anon-exclusive right and easement for utility purposes
4. GRANT
TO TIME WARNER ENTERTAINMENT COMPANY, L.P.,
a Delaware limited partnership, dba SUN CABLEVISION
DATED February 18, 2003
RECORDED Document No. 2003-029590
GRANTING anon-exclusive right and easement for utility purposes
END OF EXHIBIT A
77136.2 S
ROADWAY LOT 51
ELEELE STREET EXTENSION
KILOHANA KAI AT WAIKOLOA
PHASE I
(FILE PLAN N0.2358)
Being a Portion of Royal Patent 5671,
L. C. Aw. 8521-B, Apana 1 to G. D. Hueu
Waikoloa, South Kohala, Island of Hawaii, Hawaii
Beginning at the west comer of this parcel of land, being also the north corner
of dedicated portion of Eleele Street and on a curve on the easterly boundary of Lot 54,
File Plan No. 2358, Portion of Royal Patent 5671, L. C. Aw. 8521-B, Apana 1 to G. D.
Hueu, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PW HINAI" being 16,634.17 feet North and 976.14 feet West
and running by azimuths measured clockwise from True South:
thence along Lot 54, File Plan No.
2358, on a curve to the left with a
radius of 420.00 feet, the chord
azimuth and distance being:
I. 195° 53' 01" 430.70 feet;
2. 165° 02' 15" 133.90 feet along Lot 54, File Plan No. 2358;
thence along Lot 54 and Lot 26, File
Plan No. 2358, on a curve to the right
with a radius of 330.00 feet, the chord
azimuth and distance being:
3. 175° 51' 21" 123.88 feet;
4. 186° 40' 27" 438.24 feet along Lot 26, roadway Lot 53 and Lot
44, File Plan No. 2358 and the
remainder of R. F. 5671, L. C. Aw.
8521-B, Apana 1 to G. D. Hueu;
5. 276° 40' 27" 60.00 feet along the remainder of R. P. 5671, L.
C. Aw. 8521-B, Apana 1 to G. D.
Hueu;
6. 6° 40' 27" 438.25 feet along the remainder of R. P. 5671, L.
C. Aw. 8521-B, Apana 1 to G. D.
Hueu, Lot 45, Lot 46, Lot 52 and Lots
Page 1 of 2
11 to 13 (inclusive), File Plan No.
2358;
thence along Lot 13 and Lot 14, File
Plan No. 2358, on a curve to the left
with a radius of 270.00 feet, the chord
azimuth and distance being:
7. 355° 51' 21" 101.36 feet;
8. 345° 02' 15" 133.90 feet along Lots 14 to 16 (inclusive), File
Plan No. 2358;
thence along Lots 16 to 25 (inclusive),
File Plan No. 2358, on a curve to the
right with a radius of 480.00 feet, the
chord azimuth and distance being:
9. 15° 53' O1" 492.22 feet;
10. 136° 43' 47" 60.00 feet along dedicated portion of Eleele
Street to the point of beginning and
containing an area of 70,198 Squaze
Feet.
M&E Pacific, Inc.
S. Yp~
i
s lANO
StlRYEKOq
i ed rofessio Land Surveyor
100 P au ~ ~s fica No. 29
Suite #208 ~~~'q~~ U 5 ~
Hilo, Hawaii
June 23, 2004
Page 2 of 2
ROADWAY LOT 52
PORTION OF HAENA STREET
KILOHANA KAI AT WAIKOLOA
PHASE I
(FILE PLAN N0.2358)
Being a Portion of Royal Patent 5671,
L. C. Aw. 8521-B, Apana 1 to G. D. Hueu
Waikoloa, South Kohala, Island of Hawaii, Hawaii
Beginning at the south corner of this pazcel of land, being also on the westerly
boundary of Lot 11 and on easterly boundary of Roadway Lot 51, File Plan No. 2358,
Portion of Royal Patent 5671, L. C. Aw. 8521-B, Apana 1 to G. D. Hueu, the coordinates
of said point of beginning referred to Government Survey Triangulation Station "PW
HINAI" being 17,454.60 feet North and 823.44 feet West and running by azimuths
measured clockwise from True South:
1. 186° 40' 27" 103.86 feet along roadway Lot 51, File Plan No.
2358;
thence along Lot 46, File Plan No.
2358, on a curve to [he left with a
radius of 20.00 feet, the chord azimuth
and distance being:
2. 312° 59' 42" 32.23 feet;
thence along Lots 46 to 50 (inclusive),
File Plan No. 2358, on a curve to the
left with a radius of 470.00 feet, the
chord azimuth and distance being:
3. 228° 41' 03" 478.95 feet;
4. 198° 03' 09" 93.15 feet along Lot 50, File Plan No. 2358;
thence along Lot 50, File Plan No.
2358, on a curve to the left with a
radius of 20.00 feet, the chord azimuth
and distance being:
5. 153° 03' 09" 28.28 feet;
6. 288° 03' 09" 100.00 feet along the remainder of R. P. 5671, L.
C. Aw. 8521-B, Apana 1 to G. D.
Hueu;
Page 1 of 2
thence along Lot 1, File Plan No.
2358, on a curve to the left with a
radius of 20.00 feet, the chord azimuth
and distance being:
7. 63° 03' 09" 28.28 feet;
8. 18° 03' 09" 93.15 feet along Lot 1 and Lot 2, File Plan No.
2358;
thence along Lots 2 to 11 (inclusive),
File Plan No. 2358, on a curve to the
right with a radius of 530.00 feet, the
chord azimuth and distance being:
9. 50° 1T 56" 565.57 feet;
thence along Lot 11, File Plan No.
2358, on a curve to the left with a
radius of 20.00 feet, the chord azimuth
and distance being:
10. 44° 36' 35" 24.59 feet to the point of beginning and
containing an azea of 41,421 Squaze
Feet.
M&E Pacific, Inc.
S. YO~~
LICENSED ~G
PROFESSICNAI 9y
tANO
t SuRVEroR * i sed rofessi Land Surveyor
100 Pau i Zgy7 Ce ca No. 29
Suite #20 'S7hal' ~ g?''
Hilo, Hawaii
June 23, 2004
Page 2 of 2
ROADWAY LOT 53
~I PORTION OF HAENA STREET
' KILOHANA KAI AT WAIKOLOA
PHASE I
(FILE PLAN NO. 2358)
Being a Portion of Royal Patent 5671,
L. C. Aw. 8521-B, Apana 1 to G. D. Hueu
Waikoloa, South Kohala, Island of Hawaii, Hawaii
Beginning at the east comer of this pazcel of land, being also on the easterly
boundary of Lot 44 and on the westerly boundary of Roadway Lot 51, File Plan No.
2358, Portion of Royal Patent 5671, L. C. Aw. 8521-B, Apana 1 to G. D. Hueu, the
coordinates of said point of begimung referred to Government Survey Triangulation
Station "PW HINAI" being 17,545.67 feet North and 873.20 feet West and running by
azimuths measured clockwise from True South:
1. 6° 40' 27" 100.24 feet along roadway Lot 51, File Plan No.
2358;
thence along Lot 26, File Plan No.
2358, on a curve to the left with a
radius of 20.00 feet, the chord azimuth
and distance being:
2. 139° 53' 19.5" 29.15 feet;
thence along Lot 26 and Lot 27, File
Plan No. 2358, on a curve to the right
with a radius of 530.00 feet, the chord
azimuth and distance being:
3. 99° 02' 06" 109.54 feet;
4. 104° 58' 560.00 feet along Lots 28 to 35 (inclusive), File
Plan No. 2358;
5. 194° 58' 60.00 feet along the remainder of R. P. 5671, L.
C. Aw. 8521-B, Apana 1 to G. D.
Hueu;
6. 284° 58' 560.00 feet along the remainder of R. P. 5671, L.
Page 1 of 2