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HomeMy WebLinkAboutRES 157 Draft 02 1996-1998 . ~) . . . COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 157 97 (Draft 2) RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS IN THE MAKALAPUA CENTER SUBDIVISION, FROM THE TRUSTEES OF THE LILIUOKALANI TRUST, TAX MAP KEYS (3)7-4-08:PORTION 001 AND 7-4-20:PORTION 014, TO THE COUNTY OF HAWAII. WHEREAS, DAVID M. PETERS, CHARLES A. KEKUMANO and FIRST HA W AllAN BANK, a Hawaii corporation, TRUSTEES OF THE LILIUOKALANI TRUST, are the the developers of the Makalapua Center Subdivision and the owners of those certain roadway lots located in Keahuolu, District of North Kona, Hawaii, specifically identified as Tax Map Keys (3)7-4-08:Portion 001 and 7-4-20:Portion 014, being more particularly described in Exhibit A and delineated on Exhibit B attached hereto; and WHEREAS, the subdivision and dedication of the subject 20-foot wide road widening lots along Pal ani Road, were required as a condition of approval for the zoning of the entire Makalapua development through Ordinance No. 93-66; and WHEREAS, the Trustees have received approval from the County of Hawaii's Department of Public Works, Department of Water Supply and the Planning Department for the improvements made to the first increment of the subject property, and are desirous of dedicating the subject road widening lots to the County of Hawaii for road purposes in compliance with Ordinance No. 93-66; 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. t i. . . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Section 23-10 of the Hawaii County Code, that the County of Hawaii accepts the dedication deed for real property identified as Tax Map Keys (3)7-4-08:Portion 001 and 7-4-20:Portion 014 for road and drainage purposes. DATED: Hilo, Hawaii, December 3. 1997 INTRODUCED BY: · l~ \L I TYOF HAWAI{ COUNTY COUNCIL County of Hawaii HUo, 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 December 3, 1997 AITEST: . '. ROLL CALL VOTE AYES NOES ADS EX ARAKAKI X CHUNG X LEITIIEAD- TODD X RAY X REYNOLDS X SANTANGELO X SMITH X TYLER X YAGONG X 9 0 0 0 Reference C-LJ88.01 RESOLUTION NO. 157 97 (DRAFT 2) . . EXIImIT "A" -FlRST:- All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 6851, Land Commission Award Number 8452, Apana 12 to A. Keohokalole (Certificate of Boundaries No. 45)) situate, lying and being at Keahuolu, District of North Kona, Island and County of Hawaii, State of Hawaii, being PARCEL "A" (20-ft. wide Palani Road Widening Parcel), same being a portion of that certain parcel of land designated by fu Key 7-4-008-001 (3), containing an area of 678.157 acres, more or less, and thus bounded and described as per survey of Robert W. Cunningham, Registered Professional Surveyor, dated January 7, 1995, to-wit: Beginning at the west comer of this parcel of land, on the southeasterly side of Palani Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAHUOLU" being 703.97 feet south and 11,351.53 feet east, thence running by azimuths measured clockwise from true South: 1. Along the southeasterly side of Palani Road, on a curve to the right with a radius of 696.80 feet, the chord azimuth and distance being: 2380 06' 30" 223.74 feet; 2. 2470 20' 50" 1,064.55 feet along the southeasterly side of Palani Road; 3. Thence along the southeasterly side of Palani Road, on a curve to the left with a radius of 1,930.10 feet, the chord azimuth and distance being: 2400 43' 35" 445.07 feet; 4. 3240 06' 20" 20.00 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Apana 12 to A. Keohokalole; EXHIBIT "A" (Page 1 or 5) " . . 5. Thence along the remainder of R.P. 6851, L.C. Aw. 8452, Apana 12 to A. Keohokalole, on a curve to the right with a radius of 1,950.10 feet, the chont azimuth and distance being: 600 43' 35" 20' 50" 449.69 feet; 6. 670 1,064.55 feet along the remainder of R.P. 6851, L.C. Aw. 8452, Apana 12 to A. Keohokalole; 7. Thence along the remainder of R.P. 6851, L.C. Aw. 8452, Apana 12 to A. Keohokalole, on a curve to the left with a radius of 676.80 feet, the chont azimuth and distance being: 580 28' 09" 208.90 feet; 8. 1150 50' 20" 21. 79 feet along Kailua Fire Station Lot, along the remainder of R.P. 6851, L.C. Aw. 8452, Apana 12 to A. Keohokalole to the point of beginning and ,containing an area of 34,603 square feet, or 0.794 acre, more or less. -SECOND:- All of that certain parcel of land situate at Keahuolu, District of North Kona, Island and County of Hawaii, State of Hawaii, being: LOr 8 34,979 feet or 0.803 acre of the "MAKALAPUA CENTER SUBDIVISION", as shown on File Plan Number 2144. Being a portion of the premises described in that certain Deed dated December 2, 1909 from UUUOKALANI, widow of the late John O. Dominis, as Grantor, to ARCHIBALD S. CLEGHORN, CURI1S P. IAUKEA and WIlliAM O. SMITH, Trustees of the Liliuokalani Trust, as Grantee, reconted in the Bureau of Conveyances of the State of Hawaii in Liber 319 at Page 447. EXlDBIT "A" (Page 2 of 5) . , . . . . . SUBJECT, HOWEVER, to the following: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mffies. 2. -AS TO PARCEL FIRST ONLY:- (A) Unrecorded Grants of Easement by Liliuokalani 'Ih1st Estate to Hawaii Electric Light Company, Inc., dated April 23, 1969, December 19, 1958, and May 19, 1966, as mentioned in instnunent recorded in the Bureau of Conveyances of the State of Hawaii in Liber 9167 at Page 2. (B) The terms and provisions, including the failure to comply with any covenants, conditions and reservations contained in AGREEMENT GRANTING A REVOCABLE EASEMENT dated July 5, 1968, recorded in said Bureau in Liber 6135 at Page 444, made by and between the TRUSTEES OF UUUOKALANI ESTATE and their Successor Trustees, and CLARENCE RAPOZA and DARLENE HOWARD RAPOZA, husband and wife. (C) GRANT to DONREY, INC. CO., a Nevada corporation dated February 8, 1978, recorded in said Bureau in Liber 13198 at Page 568, granting a non- exclusive easement to install, maintain, operate, repair, use and remove an underground water pipeline. (D) GRANT to HAWAll ELECTRIC UGHT COMPANY, INC. and GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED dated October 23, 1991, recorded in said Bureau as Document No. 91-169186, granting a perpetual right and easement for utility purposes. (E) GRANT to MARYL DEVELOPMENT INC., a Hawaii corporation, dated September 28, 1994, recorded in said Bureau as Document No. 94-165305, granting an easement for roadway and utility purposes containing an area of 46,811 square feet, or 1.075 acres, more or less. A portion of said above granted area was conveyed to the County of Hawaii, by DEDICATION DEED dated August 7, 1995, recorded in said Bureau as Document No. 96-019306. (F) GRANT to MARYL DEVELOPMENT INC., a Hawaii corporation, and the COUNTY OF HAWAII, a municipal corporation duly existing under, pursuant to and by virtue of the laws of the State of Hawaii, dated October 10, 1994, recorded in said Bureau as Document No. 94-172137, granting an easement for roadway and utility purposes containing an area of 46,811 square feet, or 1.075 acres, more or less. EXHIBIT "A" (Page 3 of S) . . A portion of said above granted area was conveyed to the County of Hawaii, by DEDICATION DEED dated August 7, 1995, recorded as Document No. 96-019306. (G) GRANT to the WATER COMMISSION OF THE COUNTY OF HAWAII dated July 11, 1995, recorded in said Bureau as Document No. 95-101929, granting an easement for waterline purposes. (H) GRANT to HAWAII ELECI'RlC UGHT COMPANY, INC. and GfE HAWAllAN TELEPHONE COMPANY INCORPORATED dated October 24, 1990, reCorded in said Bureau as Document No. 90-185661, granting a perpetual right and easement for utility purposes. PMtial Cancellation by instrument dated July 27, 1994, recorded in said Bureau as Document No. 94-174838 as to easements shown on pages 1 of 7 and 2 of 7 of Exhibit A attached to above Grant. 3. -AS TO PARCEL SECOND ONLY:- (A) Grant dated August 15, 1994 in favor of the Water Commission of the County of Hawaii, recorded as aforesaid as Document No. 94-155301, granting a perpetual nonexclusive waterline easement to maintain, operate, repair, remove and replace any and all pipes or other structures in, over and across those certain parcels of land lying within Easement "A" 80 feet wide, containing an area of 5.415 acres (B) Easement "5" (area 2,661 square feet) for road and utility purposes, as shown on File Plan No. 2144. (C) Certificate dated October 25, 1991, recorded as aforesaid as Document No. 91-147812, executed by UUUOKALANI TRUST, a private operating, non- profit oIganization; re: reclassification of the property from the Agricultural District to the Urban District and subject to the conditions containing therein. 4. GRANT to mE HAWAIIAN TELEPHONE COMPANY INCORPORATED, and QUEEN UUUOKALANI VILLAGE COMMUNITY ASSOCIATION, a Hawaii non-profit corporation, dated May 25, 1978, recorded in said Bureau in Liber 13257 at Page 786, granting a perpetual right and easement to build, construct, reconstruct, repair, maintain and operate pole and wire lines and/or underground lines, for the transmission and distribution of electricity. S. GRANT to HAWAIIAN ELECTRIC COMPANY, INC. and mE HAWAIIAN TELEPHONE COMPANY INCORPORATED dated July 27, 1994, recorded in said Bureau as Document No. 94-174838, granting a perpetual right and easement for utility purposes, with authority to build, construct. reconstruct. repair. maintain and EXHIBIT "Aft (Page 4 or 5) . /' ~ II ' . . operate pole and wire line and/or underground lines, etc., for the transmission and distribution of electricity. 6. 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. -NOI'E:- 1. GORDON S. MAY, on the Trustees of the Liliuokalani Trust, resigned on September 1, 1978, and DAVID M. PETERS was appointed Successor Trustee. 2. PROBATE NO. 86-336 sets forth the death of EUZEBETH 1. K. LUCUS, also known as CLORINDA LOW LUCAS, on February 24, 1986 at Honolulu, Hawaii. CHARLES A. KEKUMANO was appointed successor trustee of the Liliuokalani Trost in place of Clorinda Low Lucas, by Order Appointing Successor Trustee and Vesting TItle in Co-Trustees filed in the Circuit Court of the First Circuit, Sate of' Hawaii, Equity No. 1748, on March 11, 1986. EXHIBIT" A" (Page 5 or 5) \lJIIert - -~ - -- t)-' ~~ 'O~ ~.... ~ ~....~ ~, ~~ ~fb"\ ... ... .... "". ~..... ....."" ,'?) ~r:::. <0, / ~ v / ~ I ,A. . '. · / / .//~ / / I I / 1 I k/ "I I~I 01 / _I / @'~=:7/1 KAAHUfvfANU ---- KeahoJe Airport QUEEN )~ -o::c .,-J .2 ~, -a..:! / ~ I- f I " HIGHWA Y \ \ \,\ \ / / / DEDICATION LOCATION MAP -PALANI ROAD WIDENING AT KEAHUOlU. NORTH KONA. ISLAND OF HAWAII. HAWAII TO BE DEDICATED: Parcel -A- and Lot 8 of Makalapua Center Subd1vIs1on (FIle Plan 2144) TYPE OF ROAD: 20-foot w1de road w1den1ng parcels LENGTH OF ROAD: 1.750 ft. or 0.33 m11e (approX1mate) NUMBER OF LOTS: 2 TAX MAP KEY: 7-4-08: port1on 1 and 7-4-20: portIon 14, 3rd DIv. SHEET i OF 1 EXHIBIT "B"