HomeMy WebLinkAboutCOM 0602.000 1996-1998 `~„tY Os N~
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Stephen K. Yamashiro ~ Richard Wurdeman
Mayor -
CorQoration Counsel
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l'LII1TIt;~~J D~ ~~i~tTtli
OFFICE OF THE CORPORATION COUNSEL -
101 Aupuni Street, Suite 325 • Hilo, Hauai'i 96720-4262 • (808) 961-8251 • Fax (808) 961.8622
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November 18, 1997 ~ ~ ~
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Dedication Deed and Grant of Easement
Waiakea Heights Subdivision. Unit I
Tax Map Key (312-4-37:074
We are transmitting for the Council's review and consideration for acceptance a copy of
the above dedication deed, and grant of easement, along with a resolution accepting the deed and
grant of easement.
For your information, the deed has been reviewed by the Department of Public Works,
Department of Water Supply and the Planning Department and all have recommended
acceptance of the dedication deed. All subdivision improvements have been completed.
Upon acceptance of the above dedication deed, please send notification of such
acceptance to: (1) Steven S.C. Lim, Esq., Carlsmith Ball Wichman Case & Ichiki, P. O.
Box 686, I9ilo, Hawaii 96721-0686; (2) Harry Takahashi, Director of Finance, County of
Hawaii; and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said deed with
the Bureau of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By
G D TAKASE
Deputy Corporation Counsel
GT:de
Encs. R0.
a:\dedication\aina I .ltr
2es. r9~ 1>,~ na. OOG. SV@
Itnr. rot pW PL
i~-0i. I>a+a ~ 0 1 1997
LAND COURT SYSTEM REGULAR SYSTEM
Re[um by: MAII. (X) PICKUP ( ) TO:
STEVEN S. C. LIM
Carlsmith Ball Wickman Case ,@ Ichiki
121 WaianuenueAvenue
Hilo, Hawaii 96720
TITLE OF DOCUMENT:
DEDICATION DEED
PARTIES TO DOCUMENT:
GRANTOR: SUNSTONE REALTY PARTNERS LLC, a Hawaii limited liability company,
whose principal place of business and mailing address is Pacific Tower, Suite 1250,
1001 Bishop Street, Honolulu, Hawaii 96813
GRANTEE: COUNTY OF HAWAII, a municipal Hawaii corporation, duly existing under,
pursuant to end by virtue of the laws of the Stste of Hawaii, whose principal place
of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720
TAX MAP KEY (3) 2-4-37:74 SSlljecl7-24-97
Waiakea Heights Subdivision (formerly known as Ainawaiwai Subdivision), Unit I, Roadway Lot A
2002025.1.050069-1 ,
Attach. C-602
( k-i94
nFDICATION DEED
KNOW ALL MEN BY THESE PRESENTS THAT SUNSTONE REALTY
PARTNERS LLC, a Hawaii limited liability company, whose principal place of business
and mailing address is Pacific Tower, Suite 1250, 1001 Bishop Street, Honolulu, Hawaii
96813, hereinafter called the GRANTOR, for and in consideration of the sum of TEN AND
NO/100 DOLLARS (510.00) and other valuable consideration to it paid by the COUNTY
OF HAWAII, a municipal Hawaii corporation, duly existing under, pursuant to and by
virtue of the laws of the State of Hawaii, whose principal place of business and mailing
address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the GRANTEE, the
receipt whereof is hereby acknowledged, does hereby grant and convey unto the said
Grantee, its legal successors and assigns, for roadway purposes, the following described
property:
That certain roadway parcel known as Roadway Lot A,
in Waiakea Heights (formerly known as Ainawaiwai
Subdivision), Unit I, situate at Waiakea, South Hilo, Island
and County otHawaii, State of Hawaii, and designated on the
taa maps of the Third Taxation Division, State of Hawaii, as
Taz Map Key (3) 2-4-37:74, and as more particularly
described in Exhibit "A" attached hereto and made a part
hereof.
TO HAVE AND TO HOLD the same unto the said Grantee, its legal
successors and assigns, in fee simple forever.
And the Grantor, for itself, its successors and assigns, hereby covenants and
agrees to and with the Grantee that upon the execution of this conveyance it is seised of
said property in an estate in fee simple, and that the same is free and clear of all
encumbrances, except as aforesaid, and said Grantor further covenants and agrees that it
will warrant and defend the fee simple title conveyed and intended to be conveyed against
the lawful claims of all persons.
2002025.1.050069-1
IN WITNESS WHEREOF the said Grantor has caused this instrument to
be duly executed on this day of , 1997.
SUNSTONE REALTY PARTNERS LLC,
a Harwa~~ii lim~~ite__d liability company
CURTIS D. DE WEESE
Its Authorized Member
Grantor
COUNTY OF HAWAII,
a municipal Hawaii corporation
By:
STEPHEN K. YAMASHIRO
Its Mayor
Grantee
RECOMMEND APPROVAL:
DEPARTMENT OF PUBLIC WORKS
By:
DONNA FAY K. KIYOSAKI
Its Chief Engineer
APPROVED AS TO FORM
AND LEGALITY:
By:
Deputy Corporation Counsel
Dated:
2
2002025.1.050069-1
STAT E OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of , 1997, before me
pe7sonally appeared STEPHEN K. YAMASHIItO, to me personally Imown, 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 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 STEPHEN K. YAMASHIRO aclmowledged said instrument to be
the free act and deed of said County of Hawaii.
Notary Public, State of Hawaii
My commission expires:
STATE OF HAWAII )
SS.
CITY AND COUNTY O~F~H~1O'NOLULU
On this ? 1_ day of _ s11~~1 _ , 1997, before me personally
appeared CURTIS D. DE WEESE, to m~e
pe'rsoTnally~known, who, being by me duly sworn did
say that he is an Authorized Member of SUNSTONE REALTY PARTNERS LLC, a Hawaii
limited liability company, and that said instrument was signed on behalf of said company by
authority of its board of duectors and in behalf of said company, and said member acknowledged
the instrument to be the free act and deed of said company.
rFQ~N O. MAgsy9`< t'`{M1w1K.~t` u'^~'"~blM~
I ~ Notary Public, State of Hawaii
~iOTARY
* PUSLIC *J~I My commission expires: 3` ~J ~ o
i
~\E OF '~P
ROADWAY LOT A
AINAWAIWAI SUBDIVISION, UNIT I,
NOW KNOWN AS WAIAKEA HEIOHT88UBDIV1810N, UNIT I.
LAND SITUATED AT WAIAKEA, SOUTH HILO, ISLAND OF HAWAII,
HAWAII.
Being a portion of Grant 10,417 to Waiakea Mill Company
and a portion of Grant 10,543 to Shinkichi Higa.
Beginning at the southeast corner of this parcel of land,
being also the southwest corner of Lot 39 and on the northerly side
of Ainaola Drive, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALM being
18,620.69 feet South and 1,936.58 feet West, thence running by
azimuths measured clockwise from true South:
1. 107° 07' 87.02 feet along Ainaola Drive;
2. 175° 40' 3.48 feet along the remainder of Grant 10,417
to Waiakea Mili Company;
3. Thence along the remainder of Grant 10,417 to Waiakea Mill
Company (Lot 1) on a curve to the
left with a radius of 25.00 feet,
the chord azimuth and distance
being: 230° 29' 14" 22.82 feet;
4. 203° 20' 179.40 feet along the remainder of Grant 10,417
to Waiakea Mill Company and along
the remainder of Grant 10,543 to
Shinkichi Higa (Lot 1);
ROADWAY LOT A
1 of 5
EXHIBIT A
5. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lots 1 and 2) on a curve to the
left with a radius of 275.00 feet,
the chord azimuth and distance
being: 189° 30' 131.50 feet;
6. 175° 40' 453.53 feet along the remainder of Grant 10,543
to Shinkichi Higa (Lots 2 to 7,
inclusive);
7. 265° 40' SO.OG feet along the remainder of Grant 10,543
to Shinkichi Higa (Roadway Lot A,
Ainawaiwai Subdivision, Unit 2);
8. 355° 40' 391.55 feet along the remainder of Grant 10,543
to Shinkichi Higa (Lot 40,
Ainawaiwai Subdivision, Unit 2 and
Lots 8, 9, 10 and 11, Ainawaiwai
Subdivision, Unit I);
9. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lot 11) on a curve to the left
with a radius of 30.00 feet, the
chord azimuth and distance being:
310° 40' 42.43 feet;
10. 265° 40' 534.00 feet along the remainder of Grant 10,543
to Shinkichi Higa (Lots 11 to 18,
inclusive);
il. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lot 18) on a curve to the left
ROADWAY LOT A
2 of 5
with a radius of 30.00 feet, the
chord azimuth and distance being:
220° 40' 42.43 feet;
12. 175° 40' 361.88 feet along the remainder of Grant 10,543
to Shinkichi Higa (Lots 18, 19, 20,
21, Ainawaiwai Subdivision, Unit
1 and Lot 27, Ainawaiwai
Subdivision, Unit 2);
13. 265° 40' 50.00 feet along the remainder of Grant 10,543
to Shinkichi Higa (Roadway L•ot A,
Ainawaiwai Subdivision, Unit 2);
14. 355° 40' 360.31 feet along the remainder of Grant 10,543
to Shinkichi Higa (Lots 22 to 27,
inclusive);
15. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lot 27) on a curve to the left
with a radius of 45.00 feet, the
chord azimuth and dista,^.ce being:
336° 11' 44" 30.00 feet;
16. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lots 27, 28, 29 and 30) on a curve
to the right with a radius of 45.00
feet the chord azimuth and distance
being: 40° 40' 89.50 feet;
17. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lot 30) on a cure to the left
ROADWAY LOT A
3 of 5
with a radius of 45.00 feet, the
chord azimuth and distance being:
105° OS' 16" 30.00 feet;
18. 85° 40' 535.70 feet along the remainder of Grant 10,543
to Shinkichi Higa (Lots 30 to 36,
inclusive);
19. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lot 36) on a curve to the left
with a radius of 30.00 feet, the
chord azimuth and distance being:
44° 33' 13" 39.45 feet;
20. Thence along the remainder of Grant 10,543 to Shinkichi Higa
(Lots 36 and 37) on a curve to the
right with a radius of 325.00 feet,
the chord azimuth and distance
being: 13° 23' 13" 112.27 feet;
21. 23° 20' 168.52 feet along the remainder of Grant 10,543
to Shinkichi Higa and along the
remainder of Grant 10.417 to
Waiakea Mill Company (Lots 37 and
38) ;
22. Thence along the remainder of Grart 10,417 to Waiakea Mill
Company (Lot 38) on a curve to the
left with a radius of 25.00 feet,
the chord azimuth and distance
ROADWAY LOT A
4 of 5
being: 335 13' 30" 37.22 feet
to the point of beginning and
containing an area of 2.171 Acres.
SUBJECT, HOWEVER, to Flood Inundation as shown on the
Flood Insurance Rate Map, Community Panel No. 155166 0890 C, dated
September 16, 1988.
Tax Map Key: 3rd Div. 2-4-37
ZMATA & ASSOCIATES, INC.
171 Kapiolani Street
Hilo, Hawaii 96720
~~\~OM~ MATS
G
LICENSED 7
~ PROFESSIONAL v Cly e K. Matsunaga
LAND SURVEYOR
Licensed Professional Land Suzveyor
~c No.d328 Certificate No. 4328
yA~'t'All, LISP
ROADWAY LOT A
5 of 5
LAND COURT SYSTEM REGULAR SYSTEM
Return by: MAIL (X) PICKUP ( ) TO:
STEVEN S. C. LIM
Cerlsmith Ball Wickman Cese & Ichiki
121 Waianuenue Avenue
Hilo, Hawaii 96720
TITLE OF DOC[IMENT:
GRANT OF EASEMENTS
PARTIES TO DOC[JMENT:
GRANTOR: SUNSTONE REALTY PARTNERS LLC, a Hawaii limited liability company,
whose principal place of business and mailing address is Pacific Tower, Suite 1250,
1001 Bishop Street, Honolulu, Hawaii 96813
GRANTEE: COUNTY OF HAWAII, a municipal Hawaii corporation, duly a:fisting under,
pursuant to and by virtue of the laws of the State of Hawaii, whose principal place
of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720
TAX MAP KEY (3) 2-4-37:13, 14, 15, 22, and 39 through 74, inclusive SSLlecl7-24-97
Walakea Heights Subdivbioa (formerly kaowa as Aiaawaiwai Subdivision), Unit I
2002027.1.050069-1
e
GRANT OF EASEMENTS
THIS GRANT OF EASEMENTS, made this day of ,
1997, by and between SUNSTONE REALTY PARTNERS LLC, a Hawaii limited liability
company, whose principal place of business and mailing address is Pacific Tower, Suite
1250, 1001 Bishop Street, Honolulu, Hawaii 96813, hereinafter called the "Grantor", and
the COUNTY OF HAWAII, a municipal Hawaii corporation, duly existing under,
pursuant to and by virtue of the laws of the State of Hawaii, whose principal place of
business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the
"Grantee";
WITNESSETH•
THAT THE Grantor, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) paid by the Grantee, the receipt whereof is hereby acknowledged, and in further
consideration of the covenants and conditions herein contained by the Grantee to be observed and
performed, does hereby bargain, sell, assign and grant unto the said Grantee, and its successors and
assigns, perpetual and nonexclusive rights and easements (hereinafter the "Easements") in, upon,
through, over, under and across those certain premises (hereinafter referred to as the "Easement
Area"), as identified and described in Exhibit A attached hereto and incorporated herein by reference,
for drainage purposes and as indicated thereon, including without limitation, the construction,
reconstruction, installation, maintenance, operation, replacement and repair of improvements
constructed for said purposes, and as more particularly described as follows:
Facement "D-1" and Easement "D-2" are located upon, appurtenant to,
and are granted for the sole benefit of those certain parcels of real property for
drainage purposes, situated at Waiakea, South Hilo, Island and County of
Hawaii, State of Hawaii, and now known as "Waiakea Heights" (formerly
known as the "Ainawaiwai Subdivision"), Unit I, and designated on the tax
maps of the Third Taxation Division, State of Hawaii as Tax Map Keys (3) 2-
4-37:13, 14, 15, 22, and 39 through 74, inclusive, as more particularly
described in Exhibit A attached hereto and made a part hereof.
2
2002027.1.050069-1
AND, the Grantor and Grantee hereby covenant and agree as follows:
I. That the Grantee shall, at Grantee's cost, at all times, keep, repair and
maintain the Easement Area in safe and proper condition, and in compliance with all laws and
regulations applicable thereto.
2. That the Grantee shall keep the Easement Area reasonably clear of litter and
refuse, and will not permit any vehicles or equipment to be stored within the Easement Area other
than as expressly allowed herein for parking purposes, and will not allow the Easement Area to be
used for any purpose not expressly permitted herein.
3. The rights and easements granted herein are perpetual, nonexclusive and shall
run with the land, and Grantor hereby reserves the right to make irrevocable, nonexclusive grants or
assignments of all or portions of such rights and easements from time to time to owners of lots within
or about the subdivision, governmental authorities, public or private entities and/or utilities,
corporations, homeowners' associations or others for the uses described above, subject to the terms
and conditions herein.
4. That if at any time the premises across which the rights and easements aze
hereby granted, or any part thereof; shall be condemned or taken by any governmental authority, the
Grantee shall have the right to claim and recover from the condemning authority, but not from the
Grantor, such compensation as is payable for the said rights and easements and for the utilities owned
within the Easement Area by Grantee, all of which shall be payable to Grantee.
5. The terms "Grantor" and "Grantee" wherever used herein shall include the
Grantor and Grantee and their respective successors, assigns, agents, officers, and employees
according to the context thereof.
6. Phis writing contains the entire agreement of the parties hereto concerning
the subject matter hereof, and this Agreement supersedes all other agreements and understanding
(whether oral or written) heretofore or contemporaneously herewith made by the parties.
3
2002027.1.050069-I
IN WITNESS Wf-IEREOF, the parties hereto have executed this instrument on the
day and year first above written.
SUNSTONE REALTY PARTNERS LLC,
a Hawaii limited liability company
CURTIS D. DE WEESE
Its Authorized Member
Grantor
COUNTY OF HAWAII,
a municipal Hawaii corporation
By:
STEPHEN K. YAMASHIRO
Its Mayor
Grantee
RECOMMEND APPROVAL:
DEPARTMENT OF PUBLIC WORKS
By:
DONNA FAY K. KIYOSAKI
Its Chief Engineer
APPROVED AS TO FORM
AND LEGALITY:
By:
Deputy Corporation Counsel
Dated:
4
2002027.1.050069-1
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of , 1997, before me personally
appeared STEPHEN K YAMASHIRO, to me personally lmown, 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 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(8) of the County Charter, County of Hawaii (1991), as amended; and said STEPHEN
K. YAMASHIRO aclrnowledged said instrument to be the free act and deed of said County
of Hawaii.
Notary Public, State of Hawaii
My commission expires:
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU )
On this day of , 1997, before me personally
appeared CURTIS D. DE WEESE, to me personally known, who, being by me duly sworn did say
that he is an Authorized Member of SUNSTONE REALTY PARTNERS LLC, a Hawaii limited
liability company, and that said instrument was signed on behalf of said company by authority of
its board of d'vectors and in behalf of said company, and said member acknowledged the instrument
to be the free act and deed of said company.
~ _ << Notary Public, State of Hawaii
NOTARY
* Pueuc My commission expires: .3- 3 9~_
-
~
sTgTE OF NPS1P/
EXHIBIT A
EASEMENT "D-1"
(15.00 FEET WIDE FOR DRAINAGE PURPOSES)
LAND SITUATED AT WAIAKEA, SOUTH HILO, ISLAND OF HAWAII,
HAWAII.
Being a portion of Grant 10,543 tc Shinkichi Higa. Being
also a portion of Lot 1, Ainawaiwai Subdivision, Unit I.
NOW KNOWN AS WAIAKEA HEIGHTS SUBDIVISION, UNIT I.
Beginning at the southeast corner of this easement and on the
westerly side of Roadway Lot A, the coordinates of said point of
beginning referred to Government Survey Triangulation Station
"HALAI", being 18,516.43 feet South and 1,976.26 feet West, thence
running by azimuths measured clockwise from true South:
1. 85° 40' 11.85 feet along Grant 10,417 to Waiakea Mill
Company (remainder of Lot 1);
2. 175° 40' 15.00 feet along the remainder of Grant 10,543
to Shinkichi Higa (remainder of Lot
1) ;
3. 265° 40' 19.71 feet along the remainder of Grant 10,543
to Shinkichi Higa (remainder of Lot
1) ;
4. 23° 20' 16.94 feet along the remainder of Grant 10,543
to Shinkichi Higa (Roadway Lot A)
to the point of beginning and
containing an area of 237 Sguare
EASEMENT "D-1"
1 cf 2
Feet.
TOGETHER, WITH, Easement "D-2" (15.00 Feet Wide) for
Drainage Purposes affecting Lot 37.
Tax Map Key: 3rd Div. 2-4-37
IMATA & ASSOCIATES, INC.
171 Kapiolani Street
Hilo, Hawaii 96720
r~~
~ll~~~
J O LICENSE!
J G~'1 Clyde K. Matsunaga Q
f J PROFESSIONAL , ~ I
(U SANG SURVE'!CR I) Licensed Professional Land Surveyor
l~j~ Certificate No. 4328
~ No. 4325 ~
~g4'JAII,J°~ /
EASEMENT "D-1"
2 of 2
v
EASEMENT "D-2"
(15.00 FEET WIDE FOR DRAINAGE PURPOSES)
LAND SITUATED AT WAIAKEA, SOUTH HILO, ISLAND OF HAWAII,
HAWAII.
Being a portion of Grant 10,543 to Shinkichi Higa, being
also a portion of Lot 37, Ainawaiwai Subdivision, Unit Z.
NOW KNOWN AS WAIAKEA HEIGHTS SUBDIVISION, UNIT I.
Beginning at the southwest corner of this easement, being also
the southwest corner of Lot 37 and on the southeasterly side of
Roadway Lot A, the coordinates of said point of beginning referred
to Government Survey Triangulation Station "HALM being 18,512.16
feet South and 1,919.97 feet t4est, thence running by azimuths
measured clockwise from true South:
1. 203° 20' 16.94 feet along the remainder of Grant 10,543
to Shinkichi Higa (Roadway Lot A);
2. 265° 40' 24.35 feet along the remainder of Grant 10,543
to Shinkichi Higa (remainder of Lot
37) ;
3. 355° 40' 15.00 feet along the remainder of Grant 10,543
to Shinkichi Higa (remainder of Lot
37);
4. 85° 40' 32.22 feet along Grant 10,417 to Waiakea Mill
Company (Lot 38) to the point of
beginning and containing an area
EASEMENT "D-t"
1 of 2
•
of 424 Square Feet.
TOGETHER, WITH, Easement "D-1" (15.00 Feet Wide) for
Drainage Purposes affecting Lot 1.
Tax Map Key: 3rd Div. 2-4-37
ZMATA & ASSOCIATES, INC.
171 Kapiolani Street
Hilo, Hawaii 96720
/ O
ivy
i^
1
+Li,y;
~ LICENSEC 1'~~',~ ~
era Clyde K. Matsunaga
PFOFESSIONAL U-'i Licensed Professional Land Surve or
1
i LAND SU R`/EY(:~ I ~
Certificate No. 4328
\{c No. 4328 t-
\~hq
j~
j
ji
EASEMENT "D-2"
2. of 2