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HomeMy WebLinkAboutCOM 0557.000 1996-1998 o.,,' Stephen K. Yamashiro - Richard Wurdeman Mayor Corporation Counsel . ~l~OF•M~'M' r - ~att~rtg IY~ ~ttftrttii c _ OFFICE OF THE CORPORATION COUNSEL CCU''' 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961.8251 • Fax (808) 961.8622 October 21, 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--Alii Kai. Inc Alii Kai Scibdivision--Park Site Tax Man Key (317-6-19:034 ~rtionl We are submitting for the Council's review and consideration for acceptance a copy of the above dedication deed, along with a resolution accepting the deed. For your information, the deed has been reviewed by the Department of Parks and Recreation and it is wiling to accept the park site. Upon acceptance of the above dedication deed, please send notification of such acceptance to (i) Ralph Fukumitsu, 75-167E Hualalai Road, Suite #1, Kailua-Kona, Hawaii 96740; (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 GE LD TAKASE Deputy Corporation Counsel GT:de Encs. a:Adedication\aliiltr.wpd Res • ~ ~ ~ ~~m. ~o. 557 P11e 1`Jo._~G Eyl`T Stet. To: ~,t. I)stP QCT 2 8 ~ LAND COURT'SYSTEM REGULAR SYSTEM Return by: MAIL (X) PICKUP ( ) TO: COUNTY OF HA\NAII 25 Aupuni Street Hilo, HI 96720 TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: ALII KAI, INC., a Hawaii corporation, whose mailing address is 77-6398 Kaheiau Street, Kailua-Kona, Hawaii 96740 GRANTEE: COUNTY OF HAWAII, a municipal 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 TAX MAP KEY (3) 7-6-019:0.34 (por.) rdVdk/fukumitsu/aliikaUpark.ded/01-7077-3/4-22-97 Lot A - 70,968 square felt DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS THAT ALII KAI, INC., a Hawaii corporation, whose mailing address is 77-6398 Kaheiau Street, Kailua-Kona, Hawaii 96740, hereinafrer called the GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal corporation duly existing under, pursuant to and by virtue of the laws of the State of Hawaii, whose principal place of busin<:ss 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 park purposes, the following described property: That certain pazcel known as Lot A, being a portion of R. P. 4475, L. C. Aw. 7713, Apana 43 to V. Kamamalu, situate at Holualoa, North Kona, Island and County of Hawaii, State of Hawaii, more particulazly described in Exhibit A attached hereto. 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 untended to be conveyed against the lawful claims of all persons. 2 IN WITNESS WHEREOF the said Grantor has caused this instrument to be duly executed on this 23r'9 day of April , 1997. ALII KAI, INC., a Hawaii corporation B_e RALPH FUKUMITSU Iis President APPROVED AS i0 FORM AND LEGAU'iY: C~-- D CORPORATION COUNSEL COUNTY OF HAWAII Dote OCT.21 1997 APPROVED AS TO FORM CARLSMIT WICHMAND C E & IKI BY ~ LQ..-L 4~ 4-22-97 3 J STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this _ ~3 ~d day of , 1997, before me appeazed RALPH FUKUMITSU, to me known (or proved to me on the basis of satisfactory evidence) that he is the PRESIDENT of ALII KAI, INC., a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged said instrument to be the free act and deed of said corporation. \\\\\\~N1Utllltl7/ll//ll~ 4 AN H W~~ ~ .y'o ifil iCL .f/~L~~.1~ twl~ Notary Public, State of Hawaii ~ ~ My commission expires: ~~i~, ~/o/~ ~`d`G 'Qz 5,/////,qTE OF NP~\\\` H///111111 PIt!\H~~\ a DESCRIPTION ' Lot A (Amended) Land situated roughly two {2) miles south o{ Kailua Town. Being a portion of the Alii Kai :=uh+9ivision, Ur.it II BeinF~ also a portion of F.P. 4475, L. C. Aw. 7713, Apana 43 to V. Kamamalu, at Holualoa, North Kona. Hawaii Beginning at a pipe set in concrete at the Northwest r_orner of this parcel of land, being also the Northeast. r_•orner of Lot 16ci of the Alii Kai SuFidivision and on the south side of Fakalana Fnad the r_•oorrlinates of wl-:ich rr-ferrerl to Government Survey Triane'ulation Statior. "KAEfELO" beinE~ 257t3.R2 feet South and :31'74.1 feet East ar.d running t-,y a~irr:ut}:~ measurer] clockwise from true south: 1. 235"?4'.30" 107-1E. feet along the u-outh side of Pakalana koad, along the remainder a£ k_F'. 4475, L. C. Aw. 7713 Ap. 43 to V. Kamamalu, to a pipe set in concrete, thence: Along the south =_i+1e of Pakalana Foal, .aloha the remainder o£ F.P. 4475, L-C. Aw. 7713 Aparia 43 to V. f!amarnalu on a curve to the left with a radius of 10`.'.'J~J feet .he chord a-imuth and distance being: y 2. 206`49'45" 97.59 feet. to a nail set. in concrete at the top of CP.M stonewall ; 3. 328'013' 43.11 feet along Lot 165 of the Alii Ka.i Subdivision - Unit II, along the remainder of F.P. 4475, L. C. Aw. 7713 AF'- 43 to V. Kamamalu, to a pipe set in r_oncrete; _ 4. '=38°03" 6U.H5 feet along Lot 166 of the Alii Kai Subdivi:;ion - [Jnit II, along the remainder of F.P. 4475, L. C. Aw. 7713 AF', 43 to V. Kamamalu, to a nail set in c•oncxete at the top of CFM stonewall; EXHIBIT "A" Page 1 of 3 JOHN D. W[[K~, INC. 79•E977 AIAMALAIIOA HIOMWAY, MOLUALOA. MAWAl19E7]6 C 5. 328°013" ^90.58 feet. along Lots B and C, along the remainder• of R.P, 4475 L.C_ Aw. 7713 Ap_ 43 to V. • Kamamalu, to a pipe set in concrete and passing over a Pipe set in r_oncrete at a distance of 142,00 feet thence: Along the north side of Lehua Foarl, along the remainder of R.P. 4475, L.L.. Aw, 7"713 Apane 43 to V. Kamamalu, on a r_•urve to the left with a radius of lil'~_~)U feet. the r_horrl azimuth and distance being: 6. 32°44'23" 67.28 feet to a pipe set in concrete; 7. 148`OEt 40.63 feet alot:g Lot. 164 of the Alii Kai Subdivision - Cinit II, along the remainder of k.F_ 4475, L.C. Aw. 7713 Ap. 43 to V_ Kamamalu, to a spike found in pahoehoe: 8. 58°OS" 190.50 feet along Lot 164 of the Alii Kai Subdivision - lJnit II along the remainder of R_P. 4475, L_C. Aw. 7713 Ap. 43 to V. Kamamalu, to a nail found in concrete; 9. 143°OP" 266.1:: feet along Lots 157, 158, 159 and Lot 160, of the Alii Kai Subdivision - [Jnit II along the remainder of R_P. 4475, L_C, Aw, 7713 Ap. 4:3 to V_ Kamamalu, to the point of beginning and containing an area o£ 70,968 Sq_ Ft_ SUBJECT, HOWHVER TO A 3-FT_ WIDR FUTURE ROAD WIDENING SETBACK FRONTING LfiHUA ROAD AND PAKALANA ROAD AS NOTED ON PLAN DATHD OCTOBHR 22, 1996.. EXHIBIT "A" Page 2 of 3 JOHN D. W[CK~, IND, 7B•E 87) AIAMALAMOA NIOMWAV, MOLWIpA. MAWAl19E726 JOHN L~. SVEEKS INC. 78-6877 Mamalahoa Highway Holualoa, Hawaii 96725 ~'~\~,E T AK,y~1 umrmm snn7oR ~~0. ~Q y9wAn. Ugr , ~~.~z=------ ajime Takata Surveyor - No. 400 S October 22, 1996 EXHIBIT °A° Page 3 of 3 JOHN O. W[[K~, INC. 7!•6!77 MIAMAIAlIOA MIOMWAV. NOIUAIOA. HAWAII BE726