HomeMy WebLinkAboutCOM 0902.000 1996-1998
M,Vosy
spry` Viq•
Stephen K. Yarnwhiro Richard Wurdeman
Mayor Corporation Counsel
~vulafg of paivaii
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 . Hilo, Hawaii 96720.4262 . (808) 961.8251 . Fax (808) 961.8622
May 26, 1998
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Quitclaim Deed from Hamakua Sugar Company. Inc.
Tax Mao Keys (3)4-5-01Portions 11 and 21
Haina Mill Road
We are transmitting for the Council's review and consideration for acceptance a copy of
the above quitclaim deed, along with a resolution accepting the deed.
Upon acceptance of the above quitclaim deed, please send notification of such acceptance
to: (1) John T. Goss, Trustee ofHamakua Sugar Company, Inc., c/o Wagner Watson & Pettit,
737 Bishop Street, Suite 2480, Honolulu, Hawaii 96813; (2) Harry Takahashi, Director of
Finance, County of Hawaii; (3) Donna Fay K. Kiyosaki, Chief Engineer, Department of Public
Works; and (4) Gerald Takase, Deputy Corporation Counsel, who will record the said deed with
the Bureau of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By GLD TAKASE
Deputy Corporation Counsel
GT:de
Encs.
Re4. y90 99
LAND COURT SYSTEM REGULAR SYSTEM
After Recordation, Return by Mail ( ) Pickup ( ) to:
WAGNER WATSON & PETTIT
737 Bishop Street, Suite 2480
Honolulu, Hawaii 96813
Tax Map Key: (3) 4-5-02-POr. 21 and Per. 11
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
That JOHN T. GOSS, Trustee of Hamakua Sugar Company,
Inc., a Hawaii corporation, in Bankruptcy No. 92-00865, U.S.
Bankruptcy Court for the District of Hawaii, and not individually,
whose address is P.O. Box 250, Paauilo, Hawaii 96776, hereinafter
called "Grantor", for and in consideration of the sum of ONE DOLLAR
($1.00) and other valuable consideration to Grantor paid by the
COUNTY OF HAWAII, a municipal corporation of the State of Hawaii,
whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter
called "Grantee", the receipt of which is hereby acknowledged, and
pursuant to the Order of such Bankruptcy Court entered July 9,
1996, approving sale of certain property to Tut Brothers Farms
under a purchase agreement providing that the Grantor may convey
Dcc31350.1/1053.04M
Haina Mill Road and related road areas to the Grantee, and further
pursuant to the rights reserved to the Grantor and the powers
granted to the Grantor in those certain Trustee's Deeds recorded in
the Bureau of Conveyances of the State of Hawaii as Documents Nos.
96-153750, 97-044852, 97-153618, 97-153621, 97-100745, and 97-
183074, DOES HEREBY remise, release, and quitclaim unto Grantee,
its successors and assigns, all of Grantor's right, title and
interest, if any, in and to the real property hereinbelow
described:
All of that certain portion of Haina Mill Road
described in the metes and bounds description
prepared by Donald James Murray, Registered
Surveyor, dated November 12, 1997, attached as
Exhibit "A" hereto and made a part hereof, and
shown on the "Dedication Location Map"
indicating that portion of Haina Mill Road and
attached as Exhibit "A-1" hereto and made a
part hereof (the "Property").
EXCEPTING AND RESERVING unto Grantor, and his successor
trustees and assigns, as appurtenant to all lands held by the
Grantor as of the date this instrument is recorded in the vicinity
of the Property, including the lands identified in Exhibit "B"
attached hereto and made a part hereof, the following:
A. Perpetual, non-exclusive easements over, across,
within and through the entire Property for the following purposes
and uses: (a) for access purposes, pedestrian and vehicular
(including heavy trucks) roadway access and maintenance, (b) for
electrical purposes, including electric poles, lines, wires,
Doc31350.1/1D53.04M -2-
conduits, and high power electrical transmission lines, (c) for
water and sewer utility purposes, including pipelines and related
equipment, (d) for steam, heat and hot water transmission purposes,
including pipelines, conduits and related equipment, and (e) for
fuel transmission purposes, including pipelines and related
equipment; and (f) installation, construction, maintenance, use,
operation, repair, removal, re-installation, and reconstruction of
improvements, appliances, equipment, and facilities for such
purposes and uses; and (f) The right of entry over, along, and
across the Property for any such purposes and uses; and
B. The right to grant other and further easement rights
for such purposes and uses over, across, within, and through the
Property, to the current and future owners and occupants of any of
the land in favor of which the exceptions and reservations herein
are made, and to any other persons, upon such terms and conditions
as the Grantor or his successor trustees may deem appropriate.
TO HAVE AND TO HOLD the same, together with all right,
title, or interest of the Grantor, if any, in or to the rights,
improvements, easements, privileges, and appurtenances thereunto
belonging or in anywise appertaining or held and enjoyed therewith,
unto Grantee, its successors and assigns, in fee simple, forever;
SUBJECT, HOWEVER, as stated or referred to herein including Exhibit
A hereto;
PROVIDED, HOWEVER, that to the extent the Grantee shall
assume or undertake for public purposes with respect to all or any
Do^_31350.1/10s3.04M -3-
part of the Property to provide and shall provide the same rights
as the easements to which this instrument is made subject or which
are excepted and reserved in this instrument or to which the grant
by this instrument is made subject (including any easement rights
which are or have been granted, excepted or reserved over, across,
within, or through the Property either by Grantor or Grantor's
predecessors in interest prior to this instrument, or by Grantor in
this instrument, or in the future by Grantor or Grantor's
successors in interest pursuant to rights reserved in this
instrument or reserved in another instrument mentioned herein), and
shall satisfy the obligations with respect to the Property of the
grantees of such easement rights, then to the extent such rights
are provided and such obligations are satisfied by the Grantee, the
said easements granted to other persons and such persons'
Doc31350.1/1053.04M - 4
obligations with respect to such easements shall automatically
terminate;
AND PROVIDED, FURTHER, that the Property herein described
is conveyed "AS IS" in all respects, and the Grantor makes no
warranties as to the Property.
IN WITNESS WHEREOF, Grantor has caused these presents to
be executed on this 26th day of November 1997.
JfflW T. GOSS, Trustee of Hamakua
ar Company, Inc.
"Grantor"
APPROVED AS TO FORM:
Deputy Corporation Counsel
County of Hawaii
Date:
Doc31350.1/1053.04M - 5
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU )
On this day of ~Il c Ale-+ 1997,
before me personally appeared JOHN T. GOSS, Trustee of Hamakua
Sugar Company, Inc., 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 as aid Trustee.
//lam a
ary P lic, S e of Haw u
My commission expires:
Doc31350.1/1053.04M
EXHIBIT 'A'
PORTION OF
HAINA MILL ROAD
Within and Affecting portions of
Grant 3156 Apana 1 to W.H. Rickard
R.P. 7078, L.C. Aw. 7822 to Huai
R.P. Grant 1968 to Kanalua and
R.P. 6652, L.C. Aw. 7833 to Haawinaaupono
Haina and Namoku, Hamakua, Hawaii, Hawaii
Beginning at a point at the southwest corner of this parcel
of land being also the southwest corner of Lot 21, portion of
Grant 3156 Apana 1 to W.H. Richard the coordinates of said point
of beginning referred to Government Survey Triangulation Station
"Kaao" being 3,646.53 feet North and 1,732.26 feet West and
running by azimuths measured clockwise from true South.
1. 98° 03' 1.63 feet along remainder of Grant 3156
Apana 1 to W.H. Rickard;
2. 1910 35' 152.42 feet along R.P. 6515, L.C. Aw. 7832
to Keawopala;
3. 185° 30' 391.89 feet along R.P. 6515, L.C. Aw. 7832
to Keawopala;
4. 1960 00' 197.73 feet along R.P. 6515, L.C. Aw. 7832
to Keawopala 1;
5. 1060 15' 23.18 feet along R.P. 6515. L.C. Aw. 7832
to Keawopala;
6. 1910 35' 813.30 feet along Lot 13, portion of R.P.
7078 L.C. Aw. 7822 to Huai and
along Haina Camp Subdivision Lot
1, (Roadway) Lot A, Lot 58 and
(Roadway) Lot A; thence continuing
along Haina Camp Subdivision
(Roadway) Lot A, Lot 47, (Roadway)
Lot A, and Lots 46 and 43, along a
curve to the left having a radius
of 1,875.00 feet, the chord azimuth
and distance being:
7. 1860 30' 332.27 feet;
8. 181° 25' 191.61 feet along Haina Camp Subdivision
Lot 43, (Roadway) Lot H and Lot 42;
thence along Lot 42 along a curve
to the left having a radius of
30.00 feet, the chord azimuth and
distance being:
1 of 6
Jffim"V, Smi[k & cRitvriaL 'et&
REGISTERED SURVEYORS
F0. Box 863 • Hilo, Hawaii 96721 • Telephone: (808) 935-9725 • Fax (808) 935-9726
9. 1350 18' 43.25 feet;
10. 890 11' 82.91 feet along Haina Camp Subdivision
Lots 42 and 41; thence along Haina
Camp subdivision Lots 41 and 40,
(Roadway) Lot A and Lot 20 along a
curve to the right having a radius
of 150.00 feet, the chord azimuths
and distances being:
11. 1270 11' 184.70 feet;
12. 165° 11' 198.61 feet along Haina Camp Subdivision
Lots 20 and 21, (Roadway) Lot F and
Lot 28; thence, along Haina Camp
Subdivision Lot 28, (Roadway) Lot G
and Lot 29, along a curve to the
left having a radius of 1475.00
feet, the chord azimuth and
distance being:
13. 1600 42' 52" 229.86 feet;
14. 2570 40' 50" 50.98 feet along the northerly end of the
Haina Mill Road and along Lot 11;
thence along Haina Camp Subdivision
Lots 5-A-8 and 5-A-7 along a curve
to the right having a radius of
1525.00 feet, the chord azimuth and
distance being:
15. 3400 54' 15.5" 227.57 feet;
16. 3450 11' 198.61 feet along Haina Camp Subdivision
Lot 5-A-7, (Roadway) Lot 1 and Lot
5-A-3; thence along Haina Camp
Subdivision Lot 5-A-3 along a curve
to the left having a radius of
100.00 feet the chord azimuth and
distance being:
17. 3070 11' 123.13 feet;
18. 2690 11' 271.27 feet along Haina Camp Subdivision
Lots 5-A-3, 5-A-2 and 5-A-1;
19. 3590 11' 0.53 feet (revised) along Haina Camp
Subdivision Lot 5-A-1;
20. 2690 11' 0.95 feet (revised) along Haina Camp
Subdivision Lot 5-A-1; thence along
Haina Camp Subdivision Lot 5-A-1
and along Lot 16, remainder of R.P.
6652, L.C., Aw. 7833 to
2 of 6
J/Ltt"ay, 8mAh & c~uatinLet, -el&
REGISTERED SURVEYORS
P.O. Box 863 • Hilo, Hawaii 96721 • Telephone: (808) 935-9725 • Fax (808) 935-9726
0
Haawinaaupono along a curve to the
right having a radius of 307.00
feet, the chord azimuth and
distance being:
21. 2880 34' 203.78 feet;
22. 307° 57' 64.63 feet along Lot 16, remainder of
R.P. 6652, L.C. Aw. 7833 to
Haawinaaupono along a curve to the
left having a radius of 194.00
feet, the chord azimuth and
distance being:
23. 3030 38' 21' 29.16 feet;
24. 355° 40' 46.38 feet along Lot 21, portion of R.P.
Grant 946 to Kawi; thence along
remainder of R.P. 6652, L.C. Aw.
7833 to Haawinaaupono along a curve
to the right having a radius of
234.00 feet, the chord azimuth and
distance being:
25. 1200 29' 12" 60.79 feet;
26. 127. 57' 64.63 feet along remainder of R.P. 6652,
L.C. Aw. 7833 to Haawinaaupono;
thence along remainder of R.P.
6652, L.C. Aw. 7833 to
Haawinaaupono along a curve to the
left having a radius of 267.00
feet, the chord azimuth and
distance being:
27. 108° 34' 177.23 feet;
28. 890 11' 77.89 feet along remainders of R.P. 6652,
L.C. Aw. 7833 to Haawinaaupono and
R.P. Grant 1968 to Kanalua; thence
along remainder of R.P. Grant 1968
to Kanalua along a curve to the
left having a radius of 30.00 feet,
the chord azimuth and distances
being:
29. 450 18' 41.59 feet;
30. le 25' 205.91 feet along remainder of R.P. Grant
1968 to Kanalua; thence along
remainders of R.P. Grant 1968 to
Kanalua and R.P. 6652, L.C. Aw.
7833 to Haawinaaupono along a curve
to the right having a radius of
3 of 6
REGISTERED SURVEYORS
P.O. Box 863 • Hilo, Hawai'i 96721 • Telephone: (808) 935-9725 • Fax (808) 935-9726
s
1925.00 feet, the chord azimuth and
distance being:
31. 60 30, 341.13 feet;
32. 110 35' 1554.03 feet along remainders of R.P. 6652,
L.C. Aw. 7833 to Haawinaaupono and
Grant 3156 Ap. 1 to W.H. Rickard to
the point of beginning and
containing an area of 3.2365 acres.
d.M
ID
Py `9~ MURRAY, SMITH & ASSOCIATES, LTD.
p RE61StERED y
a PROFESSIONAL -4
LAND SURVEYOR
N0.1247 Donald James Murray
Registered Surveyor
AI1. J5
MSA 4095
Hilo, Hawaii
November 12, 1997
4 of 6
Jilu",au, 8mitlc & oh"Viatea, &AL
REGISTERED SURVEYORS
PO. Box 863 • Hilo, Hawai9 96721 • Telephone: (806) 935-9725 • Fax (808) 93S-9726
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all
mineral and metallic mines.
2. Any and all existing roadways, trails, easements,
rights-of-way, flumes and irrigation ditches.
3. Operation and maintenance Right-of-Entry Agreement
dated June 2, 1981, recorded in Liber 15627 at Page 645.
4. A perpetual non-exclusive easement, between Mamane
Street and Tax Keys: 4-5-2-46 and 4-5-2-47, not more than forty
(40) feet wide, appurtenant to Tax Keys: 4-5-2-46 and 4-5-2-47 for
access and utility purposes over, under and across the existing
Mill Road in Tax Keys: 4-5-2-21 and 4-5-2-44, and in 40-foot
easement (area 25,273 sq. ft.) described in Lease effective October
1, 1974, recorded in Liber 13624 at Page 1.
5. Grant in favor of the Water Commission of the County
of Hawaii dated February 24, 1984, recorded in Liber 17770 at Page
381; granting the right in the nature of a perpetual easement to
install, maintain, operate, repair, remove and replace any and all
pipes or other structures in, over and across the easements, more
particularly described in Exhibit "A" attached thereto.
6. Discrepancies, conflicts in boundary lines, shortage
in area, encroachments, or any other facts which a correct boundary
and improvement survey or archaeological study would disclose,
including, without limitation, trails, rights of way, historic
property and burial sites.
7. Claims arising out of rights customarily and
traditionally exercised for subsistence, cultural, religious,
access or gathering purposes as provided for in the Hawaii
Constitution or Sections 1-1 or 7-1 of the Hawaii Revised Statutes.
8. Any unrecorded leases 'and matters arising from or
affecting the same.
9. Declaration of Restrictive Covenants recorded in the
Bureau of Conveyances of the State of Hawaii as Document No. 96-
153749, as the same may have been or may hereafter be amended in
accordance with its terms, including that certain Amendment
recorded as Document No. 97-100744.
10. Rights and easements, existing or hereafter granted
or otherwise established, of other persons over, across, within,
and through the Property or portions thereof, including those
certain deeds by the Grantor, as grantor, recorded in the Bureau of
Conveyances of the State of Hawaii as Document Nos. 95-166606 and
5 of 6
i
95-166607 to Hamakua Housing Corporation, No. 96-153750 to Robert
and Joycelyn Embernate, No. 97-044852 to George J. Zweibel and
Brenda P. Johnson, No. 97-153618 to Robert Fredericks, No. 97-
153621 to George A. White and Laverne White, No. 97-100745 to
Enserch Development Corporation Hamakua, Inc., and No. 97-183074 to
Tut Brothers Farms, and further grants by the Grantor pursuant to
rights reserved to such Grantor.
Note: Pending Civil No. 96-0022, in the Third Circuit
Court of the State of Hawaii; John T. Goss, as Trustee in
Bankruptcy of Hamakua Sugar Company, Inc. and Enserch Development
Corporation Hamakua, Inc., "Plaintiff", vs. Keahialaka, et al.,
"Defendant"; re: to quiet title with respect to portions of land
included in TMK Parcel (3) 4-5-2-21 as of the date of commencement
of such civil action.
1?
EXHIBIT "A-1"
\ 2\ i::y Y~ (~.t4St I I Y
gyp'( i f u` N C p I
'e N K. Fc Sa
'4 Gam: \ ~ F y ` to N3awlnaa Pxw ° /
4
V 8 ~ kr 4 /
k
c ~ ~ ~ 9 ab Ky' v
a Q
15
TA Z
o~,~ Go$ 1 ~ G 2\ X
Y K. 1°O")6
f-. G.f- Hual baZ ~ o'C
u
0
c
\ ti
0 3 14
tDr-lIlICATIOQ LOCATIW-3 MAIr /
To Df?l~El~1CAf~b; C i°oleTio~J) }{A1tJA MILL T~OAT~
TY!°~ o~ 1aoAt~ : 50 - ~oOT }e.o. iv u. 4O - Fool TZ .O. iJ
u~/ ~Z - Pt~T A e. Yn bmr-V37, c~IeASS SNO~]LY~~t2s
f+ 2~ SlilJ1Lt5
LP,%4G 1 cF 1¢oAb: zr o o rem i ot~ G. err 1St Lts
M
N
EXHIBIT B
To
QUITCLAIM DEED
Lands of Grantor at Haina, Hamakua, Hawaii, to which
exceptions and reservations in foregoing instrument are
appurtenant:
A. All the land identified as Lot 8, area 12.506 acres,
created by that certain Subdivision No. 6841 approved by the County
of Hawaii Planning Director on May 22, 1997, as shown on the
Subdivision Map dated May 5, 1997, by surveyor Donald J. Murray,
Registered Professional Land Surveyor No. 1247 of the State of
Hawaii, and identifed as TMK Parcel (3) 4-5-2-60; and
B. Any other land in roads, easements, or otherwise in
which the Grantor may have an interest and shown as of the date of
recordation of the foregoing instrument on the official tax map of
the State of Hawaii for Zone 4, Section 5, Plat 02 of the Third Tax
Division.
Doc31350.1/1053. 04M