HomeMy WebLinkAboutRES 084 Draft 01 2006-2008OFFICE INFORMATION ONLY
Meeting: Council — March 21, 2007
Action: Council: Filed Res. 84-07; adopts PWIRC-12 - 3/21/07
Re: Res. 84-07; Comm. 212; PWIRC-12 (2006-2008 term)
COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
i
RESOLUTION AUTHORIZING THE ABANDONMENT AND QUITCLAIM OF THE
COUNTY OF HAWAI`I'S INTEREST IN ROAD PARCELS "A," "B," "C," "D," `B" AND
"F," SITUATE AT KAPUA, DISTRICT OF SOUTH KONA, COUNTY AND STATE OF
HAWAII, TO ADJOINING PROPERTY OWNER KAPUA ORCHARD ESTATES, LLC.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, the following portions of the Old Mamalahoa Highway in the District of
South Kona (see Exhibits "A" and `B" attached hereto) are no longer used by the public
based on the current alignment of the present Mamalahoa Highway:
Road Parcel "A" 0.737 acre 8-9-012:002
Road Parcel `B" )
Road Parcel "C" ) 5.344 acres 8-9-011:008
Road Parcel "D" )
Road Parcel"E" 3.227 acres 8-9-011:013
Road Parcel "F" 1.864 acres 8-9-011 (portion); and
WHEREAS, real property tax records indicate the owner of these roadways and
adjoining properties is Kapua Orchard Estates, LLC; and
WHEREAS, a title search conducted by First American Title Insurance Company
could not locate any record of a conveyance of these roadways from either the State of
Hawaii or the County of Hawaii to Mac Farms of Hawaii, Inc., Kapua Orchard Estates,
LLC's predecessor in interest; and
WHEREAS, Mac Farms of Hawaii, Inc. would like the County of Hawaii to
quitclaim all of its right, title and interest, if any, in and to the above-mentioned roadways, to
Mac Farms of Hawaii, Inc.; and
WHEREAS, all roadways, once established, continue until vacated, closed,
abandoned or discontinued by resolution of the Council; and
WHEREAS, Sections 2-111 and 2-118 of the Hawaii County Code (2005 edition, as
amended), authorizes the disposal of road remnants by offer of sale to the abutting owner.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the following roadway parcels, more particularly described in Exhibit "A"
and delineated on Exhibit `B" attached hereto, are hereby abandoned and discontinued as set
forth in Section 2-110, Hawaii County Code (2005 edition, as amended), and pursuant to
Section 2-118, Hawaii County Code (2005 edition, as amended), quitclaims all of the
County of Hawai`i's right, title and interest in and to the roadway parcels to Mac Farms of
Hawaii, Inc.:
Road Parcel "A" 0.737 acre 8-9-012:002
Road Parcel `B" )
Road Parcel "C" ) 5.344 acres 8-9-011:008
Road Parcel "D" )
Road Parcel `B" 3.227 acres 8-9-011:013
Road Parcel "F" 1.864 acres 8-9-011 (portion).
BE IT FURTHER RESOLVED that the County Clerk transmit a copy of this
resolution to: (1) the Honorable Mayor Harry Kim; (2) Director of Finance William Takaba;
(3) Director of Public Works Bruce C. McClure; (4) Assistant Corporation Counsel Gerald
Takase; and (5) Michael Moore, Tsukazaki Yeh & Moore, 85 W. Lanikaula Street, Hilo,
Hawaii 96720-4199, attorney for Mac Farms of Hawaii, Inc.
Dated at Hawaii, this day of 2007.
INTRODUCED BY:
7u—�g - rtto<—
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCIL of
the County of Hawaii on
ATTEST:
ROLL CALL VOTE
AYES NOES ABS EX
FORD
HIGA
HOFFMANN
IKEDA
JACOBSON
NAEOLE
PILAGO
YAGONG
YOSHIMOTO
Reference
C-212/PWIRC
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 84 07
ROAD PARCEL "A"
'Istat certain parcel of land (being a portion of the land described in and covered by Royal
Patent Number 6853, Land Commission Award 9971, Apana 30 to W. P. Leleiohoku) situate,
lying and being at Kapua, South Kona, Island and County of Hawaii, State of Hawaii, being
ROAD PARCEL "A', and being more particularly described as follows:
Beginning at the Southerly comer of this parcel of land on the Kapua-Kaulanamauna
boundary, the coordinates of which referred to Government Survey Triangulation Station
"KAPUKAWAA" being 19,955.05 feet South and 22,699.64 feet East and running by azimuths
measured clockwise from True South:
1.
1470
22'
00"
319.60 feet along remainder of Royal Patent 6853, Land
Commission Award 997.1, Apana 30 to W. P.
Leleiohoku;
2.
140°
00'
00"
378.69 feet along same;
3.
1500
55'
00"
211.22 feet along the Northeast side of Hawaii Belt Road;
4.
3200
00'
00"
588.67 feet along Lot 27-D;
S.
3270
22'
00"
319.06 feet along same;
6. 520 53' 40" 40.12 feet along the land of Kaulanamauna to the point of
beginning and containing an area of 0.737 acre, more
or less.
TOGETHER WITH all rights as set forth by that certain Easement Agreement dated May
28, 1982, recorded in Book 16369, Page 175, made by and between Mac Farms of Hawaii, Inc.,
a Hawaii corporation and Lands of Kapua, a Hawaii generalpartnership, as Grantors and Farms
of Kapua, Ltd., a California limited partnership, as Grantee, as amended, including without
limitation (a) a perpetual easement (80 feet wide) for roadway, utility and water pipeline
purposes, over and across Easement "I", affecting Lot 16 (TMK 8-9-12-09), Lot 17 (TMK 8-9-
12-18), Lot 27B-1 (TMK 8-9-12-19), Lot 16B (TMK 8-9-12-08) and Road Reserve "E-1", as
described therein, (b) the rights and benefits of the obligations and covenants of the grantee
thereunder in accordance with the terms thereof, and (c) the rights of employees of Mac Farms to
enjoy access to Parcels A, C and D (as described therein) for recreational purposes, including
hunting and use of Kapua beaches.
EXHIBIT "A"
ROAD PARCELS `ll," "C," AND "D"
That certain parcel of land being all of Road Parcels "B". "C", and "D" (Mamalahoa
Highway), and Lot 19 being also a portion of Royal Patent 6853, Land Commission Award
9971, Apana 30 to W. P. Leleiohoku.
Situated at Kapua, South Kona, Island of Hawaii, Hawaii.
Beginning at the East comer of this parcel of land, being also the South comer of Lot L
and on the West side of Hawaii Belt Road (F.A.P. No. BF -011-1 (3)), the coordinates of said
point of beginning referred to Government Survey Triangulation Station "KAPUKAWAA"
being 18,458.97 feet South and 21,648.42 feet East, thence running by azimuths measured
clockwise from True South:
3300 55' 83.24 feet along the West side of Hawaii Belt Road
(F.A.P. No. BF -011-1 (3));
2. 2400 55' 20.00 feet along the West side of Hawaii Belt Road
(F.A.P. No. BF -011-1 (3));
3300 55' 664.87 feet along the West side of Hawaii Belt Road
(F.A.P. No. BF -01 1-1 (3));
4. 1390 15' 314.92 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
5. 1510 03' 20" 410.73 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
6. 1310 00' 10" 466.96 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
7. 1500 29' 15" 336.22 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
8. 1550 32' 50" 363.57 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
9. 1570 01' 15" 297.87 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
10. 1360 03' 30" 347.81 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
11. 144' 47' 45" 1,127.07 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
12. 1510 00' 788.29 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
13. Thence along Lot J along the remainder of Royal Patent 6853, Land Commission
Award 9971, Apana 30 to W. P. Leleiohoku, on a curve
to the left with a radius of 40.00 feet, the azimuth and
distance of the chord being:
1320 23' 25.54 feet;
14. 1130 46' 40.00 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
15. Thence along Lot J along the remainder of Royal Patent 6853, Land Commission
Award 9971, Apana 30 to W. P. Leleiohoku, on a curve
to the right with a radius of 80.00 feet, the azimuth and
distance of the chord being:
1500 10' 94.95 feet;
16. 1860 34' 30.00 feet along Lot J along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
17. Thence along Lot J along the remainder of Royal Patent 6853, Land Commission
Award 9971, Apana 30 to W. P. Leleiohoku, on a curve
to the right with a radius of 100.00 feet, the azimuth and
distance of the chord being:
2070 28' 71.35 feet;
18. Thence along the West side of Hawaii Belt Road (F.A.P. No. BF -011-1 (3)), on a curve
to the right with a radius of 100.00 feet, the azimuth and
distance of the chord being:
3170 35' 17.4" 50.01 feet;
19. Thence along Lot L along the remainder of Royal Patent 6853, Land Commission
Award 9971, Apana 30 to W. P. Leleiohoku, on a curve
to the left with a radius of 50.00 feet, the azimuth and
distance of the chord being:
270 51' 38" 36.32 feet;
20 60 34" 30.00 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
21. Thence along Lot L along the remainder of Royal Patent 6853, Land Commission
Award 9971, Apana 30 to W. P. Leleiohok--u, on a curve
to the left with a radius of 30.00 feet, the azimuth and
distance of the chord being:
3300 23' 57.46 feet;
22. 2930 46' 40.00 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
23. Thence along Lot L along the remainder of Royal Patent 6853, Land Commission
Award 9971, Apana 30 to W. P. Leleiohoku on a curve
to the right with a radius of 90.00 feet, the azimuth and
distance of the chord being:
3120 23' 57.46 feet;
24. 3310 00' 785.55 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
25. 3240 47' 45" 1,120.57 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
26. 3160 03' 30" 353.24 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
27. 3370 01' 15" 306.48 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
28. 3350 32' 50" 360.72 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
29. 330' 29' 15" 325.43 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku;
30. 3110 00' 10" 445.70 feet along Lot L along remainder of Royal Patent 6853,
Land Commission Award 9971, Apana 30 to W. P.
Leleiohoku to the point of beginning and containing an
area of 5.344 acres, more or less, as per survey of
Gary S. Takamoto, Licensed Professional Land Surveyor,
Certificate Number 7946, dated April 17, 2002.
ROAD PARCEL "E"
That certain parcel of land (being a portion of the land described in and covered by Royal
Patent Number 6853, Land Commission Award 9971, Apana 30 to W. P. Leleiohoku) situate,
lying and being at Kapua, South Kona, Island and County of Hawaii, State of Hawaii, being
ROAD PARCEL "E", and being more particularly described as follows:
Beginning at the most Easterly comer of this parcel of land and on the Southwest side of
Hawaii Belt Road, the coordinates of which referred to Government Survey Triangulation
Station "KAPUKAWAA" being 14,297.92 feet South and 18,585.40 feet East, and nnuring by
azimuths measured clockwise from True South:
Along Lot 6 on a curve to the right with a radius of
79.12 feet, the chord azimuth and distance being:
1. 790 51' 00" 89.96 feet;
2. 1140 30' 00" 144.39 feet along Lot 6;
Thence on a curve to the right with a radius of 220.00
feet along same, the chord azimuth and distance being:
3.
1260
00'
00"
87.72 feet;
4.
1370
30'
00"
177.02 feet along Lot 6;
5.
1410
35'
00"
700.35 feet along same;
6.
1390
30'
00"
242.85 feet along same;
Thence on a curve to the left with a radius of 180.00 feet
along same, the chord azimuth and distance being:
7. 1330 00' 00" 40.75 feet;
S. 1260 30' 00" 163.21 feet along Lot 6;
Thence on a curve to the right with a radius of 300.00 feet
along same, the chord azimuth and distance being:
9. 1370 25' 00" 113.63 feet;
10. 1480 20' 00" 227.84 feet along Lot 6;
11. 1410 40' 00" 362.80 feet along same;
12. 1470 10' 00" 375.30 feet along same;
Thence on a curve to the right with a radius of 170.00
feet along same, the chord azimuth and distance being:
13. 1620 20' 00" 88.95 feet;
14. 1770 30' 00" 95.30 feet along Lot 6;
Thence on a curve to the left with a radius of 90.00
feet along same, the chord azimuth and distance being:
15. 1560 35' 00" 64.26 feet;
16. 1350 40' 00" 102.21 feet along Lot 6;
Thence on a curve to the right with a radius of 320.00
feet along same, the chord azimuth and distance being:
17.
1450
05'
00"
104.71 feet
18.
1540
30'
00"
124.15 feet along Lot 6;
19.
1590
40'
00"
143.25 feet along same;
Thence on a curve to the right with a radius of 270.00
feet along Lots 6 and 3 for the next two (2) courses, the
chord azimuth and distance being:
20.
1640
00'
00"
40.80 feet;
21.
1710
40'
00"
31.40 feet;
22.
1750
00'
00"
76.62 feet along Lot 3;
Thence on a curve to the right with a radius of 50.00
feet along same, the chord azimuth and distance being:
23. 2080 20' 15.1" 54.96 feet;
Thence on a curve to the left with a radius of 12,040.00
feet along Southwest side of Hawaii Belt Road, the
chord azimuth and distance being:
24. 3310 40' 30.2" 40.00 feet;
Thence on a curve to the left with a radius of 10.00 feet
along Lot 21, the chord azimuth and distance being:
25.
280
20'
15.1"
10.99 feet;
26.
3550
00'
00"
76.62 feet along Lot 21;
Thence on a curve to the left with a radius of 230.00
feet along same, the chord azimuth and distance being:
27.
3470
20'
00"
61.37 feet;
28.
3390
40'
00"
141.45 feet along Lot 21;
29.
3340
30'
00"
122.35 feet along same;
Thence on a curve to the left with a radius of 280.00 feet
along same, the chord azimuth and distance being.
30.
3250
05'
00"
91.62 feet;
31.
3150
40'
00"
102.21 feet along Lot 21;
Thence on a curve to the right with a radius of 130.00
feet along same, the chord azimuth and distance being:
32.
3360
35'
00"
92.82 feet;
33.
3570
30'
00"
95.30 feet along Lot 21;
Thence on a curve to the left with a radius of 130.00
feet along same, the chord azimuth and distance being:
34.
3420
20'
00"
68.02 feet;
35.
327°
10'
00"
373.38 feet along Lot 21;
36.
321 °
40'
00"
363.20 feet along same;
37.
3280
20'
00"
230.16 feet along same;
Thence on a curve to the left with a radius of 260.00
feet along same, the chord azimuth and distance being:
38.
317'
25'
00"
98.48 feet;
39.
3060
30'
00"
163.21 feet along Lot 21;
Thence on a curve to the right with a radius of 220.00
feet along same, the chord azimuth and distance being:
40.
3130
00'
00"
49.81 feet;
41.
3190
30'
00"
243.57 feet along Lot 21;
42.
3210
35'
00"
699.65 feet along same;
43.
317°
30'
00"
175.60 feet along same;
Thence on a curve to the left with a radius of 180.00
feet along same, the chord azimuth and distance being:
44.
3060
00'
00"
71.77 feet;
45.
2940
30'
00"
144.39 feet along Lot 21;
Thence on a curve to the left with a radius of 39.12 feet
along Lot 21, the chord azimuth and distance being:
46. 2590 51' 00" 44.48 feet;
Thence on a curve to the left with a radius of 12,040.00
feet along the Southwest side of Hawaii Belt Road, the
chord azimuth and distance to the point of beginning
being:
47. 3150 12' 42.6" 40.00 feet and containing an area of 3.227 acres, more or less.
TOGETHER WITH all rights as set forth by that certain Easement Agreement dated May
28, 1982, recorded in Book 16369, Page 175, made by and between Mac Farms of Hawaii, Inc.,
a Hawaii corporation and Lands of Kapua, a Hawaii general partnership, as Grantors and Fars
of Kapua, Ltd., a California limited partnership, as Grantee, as amended, including without
limitation (a) a perpetual easement (80 feet wide) for roadway, utility and water pipeline
purposes, over and across Easement "1", affecting Lot 16 (TMK 8-9-12-09), Lot 17 (TMK 8-9-
12-18), Lot 27B-1 (TMK 8-9-12-19), Lot 16B (TMK 8-9-12-08) and Road Reserve "E -I", as
described therein, (b) the rights and benefits of the obligations and covenants of the grantee
thereunder in accordance with the terms thereof, and (c) the rights of employees of Mac Fars to
enjoy access to Parcels A, C and D (as described therein) for recreational purposes, including
hunting and use of Kapua beaches.
ROAD PARCEL "F"
All of that certain parcel of land (portion of the land described in and covered by Royal
Patent No. 6853, Land Commission Award No. 9971, Apana 30 to W. P. Leleiohokua) situate,
lying and being at Kapua, District of South Kona, Island and County of Hawaii, State of Hawaii,
being ROAD PARCEL "F", and thus bounded and described:
Beginning at the North corner of this parcel of land, the Northwest comer of Lot 1, and
on the Kapua-Honomalino boundary, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAPUKAWAA" being 8,745.99 feet South and
15,134.00 feet East, and running thence by azimuths measured clockwise from true South:
1. 348" 40' 00" 560.70 feet along Lot 1;
2. 338° 50' 00" 387.97 feet along same;
3. 3170 45' 00" 286.26 feet along same;
Thence on a curve to the right with a radius of 195.00 feet along Lot 1, the chord azimuth
and distance being:
4. 337° 52' 30" 134.18 feet;
5. 358° 00' 00" 60.50 feet along Lot 1;
Thence on a curve to the left with a radius of 80.00 feet along the same, the chord
azimuth and distance being:
6.
327"
30'
00"
81.21 feet;
7.
297"
00'
00"
93.46 feet along Lot 1;
8.
3190
30'
00"
385.11 feet along same;
9.
2470
15'
40"
6.19 feet along same;
Thence on a
curve to the left with a radius of 12,040.00 feet along the Southwest side of
Hawaii Belt Road, the chord azimuth and distance being:
10.
336°
11'
13.33"
31.10 feet;
11.
67"
34'
00"
38.29 feet along Land Commission Award No. 7940 to
Keliiamaole;
12. 139" 39 00" 396.88 feet along Lot 21;
13. 117" 00' 00" 85.50 feet along same;
Thence on a curve to the right with a radius of 120.00 feet along the same, the chord
azimuth and distance being:
14.
1470
30'
00"
121.81 feet;
15.
1780
00'
00"
60.50 feet along Lot 2;
Thence on a curve to the left with a radius of 155.00 feet along the same, the chord
azimuth and distance being:
16. 1570 52' 30" 106.66 feet;
17. 137" 45' 00" 293.70 feet along Lot 2;
18. 158" 50' 00" 398.85 feet along same;
19. 168" 40' 00" 558.58 feet along same;
20. 2500 52' 40" 40.37 feet along the land of Honomalino to the point of beginning
and containing an area of 1.864 acres, more or less.
TOGETHER WITH all rights as set forth by that certain Easement Agreement dated May
28, 1982, recorded in Book 16369, Page 175, made by and between Mac Farms of Hawaii, Enc.,
a Hawaii corporation and Lands of Kapua, a Hawaii general partnership, as Grantors and Farms
of Kapua, Ltd., a California limited partnership, as Grantee, as amended, including without
limitation (a) a perpetual easement (80 feet wide) for roadway, utility and water pipeline
purposes, over and across Easement "I", affecting Lot 16 (TMK 8-9-12-09), Lot 17 (TMK 8-9-
12-18), Lot 27B-1 (TMK 8-9-12-19), Lot 16B (TMK 8-9-12-08) and Road Reserve "E - I ", as
described therein, (b) the rights and benefits of the obligations and covenants of the grantee
thereunder in accordance with the terms thereof, and (c) the rights of employees of Mac Farms to
enjoy access to Parcels A, C and D (as described therein) for recreational purposes, including
hunting and use of Kapua beaches.
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