HomeMy WebLinkAboutRES 100 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 100 95
RESOLUTION ACCEPTING THE DONATION OF APPROXIMATELY ONE ACRE OF
LAND FROM MAUNA LANI RESORT, INC., FOR EXPANSION OF THE SOUTH
KOHALA FIRE STATION.
WHEREAS, Mauna Lani Resort, Inc., has donated approximately
one acre of land located adjacent to the County of Hawaii's South
Kohala Fire Station; and
WHEREAS, the donated land will be used by the Hawaii County
Fire Department as the site of a heliport for the Fire
Department's helicopter air ambulance; and
WHEREAS, the heliport will ultimately include a helipad,
helicopter hanger and crew's quarters; and
WHEREAS, the Fire Department's helicopter air ambulance
provides service to the entire island and County of Hawaii; and
WHEREAS, article XIII, section 13-12 of the Hawaii County
Charter, provides that the Council, on behalf of the County, may
accept gifts or donations of real property;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, that in accordance with article XIII, section 13-12 of
the Hawaii County Charter, the County of Hawaii accepts the
donation of approximately one acre of land from Mauna Lani Resort,
Inc., for expansion of the South Kohala Fire Station as evidenced
by the deed executed April 5, 1995, attached as Exhibit "A"
BE IT FURTHER RESOLVED that the County Clerk is hereby
directed to forward copies of this resolution to the Hawaii County
Fire Department and the Mauna Lani Resort, Inc.
Dated: Hilo, Hawaii, this 1st day of June 1995.
INTRODUCED BY:
COUN(°IL'~MEMBER, COUNTY OF HAWAII
GHS/3011H
I hereby certify tt
vote indicated to th
the County of Haw
ATTEST:
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~ COUNTY C RK CHAIRMAN & PR1zSIDING OFFICER
ROLL CA LL VOTH
COUNTY COUNCIL
of Hawaii
Count
AYES
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Hilo. Hawaii ARARAKZ X
HONK-AHRAMSON X
RESOLUTION was by the
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right hereof adopted by the COUNCIL of aH LIMA X
aiion June 1. 1995 DOMINGO X
OSORIO X
RATS X
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- SMITE X
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Reference ~'-~i~~ri.-"~'
RESOLUTION NO. 2~ `9`g
LAND COURT SYSTEM REGULAR SYSTEM
AFTER RECORDATION, RETURN BY MAIL ( )PICK UP ( )
To:
DEED
THIS INDENTURE is made this `~~ day of ~ k-~ 1995, by
MAUNA LANI RESORT, INC., a Hawaii corporation, whose mailing address is 68-150
Ho'ohana Street, Kohala Coast, Hawaii 96743, hereinafter referred to as the "Grantor",
to THE COUNTY OF HAWAII, whose place of business and mailing address is 25
Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as the "Grantee",
WITNESSETH THAT:
The Grantor, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration to Grantor paid by the Grantee, the
receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell and
convey the real property described in Exhibit A attached hereto and incorporated herein
and made a part hereof by this reference, hereinafter referred to as the "real property",
unto the Grantee, as TENANT IN SEVERALTY, its successors and assigns, forever.
E~BTT "A"
And the reversions, remainders, rents, issues and profits thereof and all of
the estate, right, title and interest of the Grantor, both at law and in equity, therein and
thereto;
TO HAVE AND TO HOLD the same, as to said real property, together
with all buildings, improvements, tenements, hereditaments, rights, easements, privileges
and appurtenances thereunto belonging or appertaining or held and enjoyed therewith unto
the Grantee, absolutely and in fee simple, forever.
The Grantor does hereby covenant and agree with the Grantee that the
Grantor is lawfully seized and is the owner in fee simple of said real property; that the
Grantor's title to all of said real property is free and clear of and from all encumbrances
and title exceptions except as set forth in Exhibit A attached hereto, and except for real
property taxes not yet by law required to be paid; that the Grantor has good right to
grant, sell and convey said real property except as aforesaid; and that the Grantor will
WARRANT and DEFEND the same unto the ('grantee against the lawful claims and
demands of all persons except as aforesaid.
The terms "Grantor" and "Grantee" when and if used herein, or any
pronouns used in place thereof, shall mean and include the masculine or feminine, the
singular or plural number, individuals or corporations, and their and each of their
respective successors, heirs, executors, administrators and assigns, according to the
context thereof.
IN WITNESS WHEREOF, the Grantor has duly executed these presents on
the day and year first above mentioned.
MAUNA LANI RESORT, INC.
MORIKUNI SASAKURA
Its President
oosarn.o~
2
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this ?'day of '~!>>"' L 1995, before me appeared Morikuni Sasakura, to
me personally known, who being by me duly sworn, did say that he is the President of
MAUNA LANI RESORT, INC., a Hawaii corporation, that said instrument was signed
on behalf of said corporation by authority of its board of directors, and said Morikuni
Sasakura acknowledged that he executed said instrument as the free act and deed of said
corporation.
,^ ~
Notary Public, State of Hawaii
My commission expires: /G • ~ `~ ~S
3
EXHIBIT A
All of that certain parcel of land situate at Kalahuipuaa,
Anaehoomalu and Waikoloa, District of South Kohala, Island and
County of Hawaii, State of Hawaii, being LOT 8, PART B of the
"MAUNA LANI RESORT PHASE V, PARTS A AND B", as shown on File Plan
Number 2100, filed in the Bureau of Conveyances of the State of
Hawaii, and containing an area of 2.157 acres, more or less.
EXCEPTING AND EXCLUDING Fire Station Site, Lot 36-B, being a
portion of Lot 36, Mauna Lani Resort, Phase II and III, File Plan
1821, being also a Portion of R.P. 5671, L.C. Aw. 8521-B, Apana 1
to G.D. Hueu, at Waikoloa, South Kohala, Island of Hawaii,
Hawaii, and being more particularly described as follows:
Beginning at the east corner of this parcel of land and
on the north-west side of Queen Kaahumanu Highway, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "PW HINAI" being 16,253.14 feet
north and 19,175.73 feet west and running by azimuths measured
clockwise from true South:
1. Following along Queen Kaahumanu Highway, along a curve to
the right having a radius
of 22,470.35 feet, the
chord azimuth and
distance being: 33°
51' 11" 94.77 feet;
2. Thence continuing along Queen Kaahumanu Highway, along a
curve to the right having
a radius of 22,470.35
feet, the chord azimuth
and distance being: 34°
07' 38" 120.27 feet;
3. 123° 56' 219.73 feet along Lot 36-A, the
remainder of R.P. 5671,
L.C. Aw. 8521-B, Apana 1
to G.D. Hueu;
4. 213° 56' 215.04 feet along Lot 36-A, the
remainder of R.P. 5671,
L.C. Aw. 8521-B, Apana 1
to G.D. Hueu;
EXHIBIT "A"
Page 1 of 4
5. 303° 56' 220.00 feet along Lot 36-A, the
remainder of R.P. 5671,
L.C. Aw. 8521-B, Apana 1
to G.D. Hueu to the point
of beginning and
containing an area of
47,317 square feet, more
or less.
Together with a non-exclusive easement for access and
utility access purposes in favor of Mauna Lani Resort, Inc., said
easement being more particularly described as follows:
EASEMENT A- 3
Beginning at the northeast corner of this easement
parcel, also the initial point of Fire Station Site and on the
northwest side of Queen Raahumanu Highway, the coordinates of
said point of beginning referred to Government Survey
Triangulation Station "PW HINAI" being 16,253.14 feet north and
19,175.73 feet west and running by azimuths measured clockwise
from true South:
1. Following along Queen Kaahumanu Highway, along a curve
to the right having a
radius of 22,470.35 feet,
the chord azimuth and
distance being: 33°
45' 28" 20.04 feet;
2. 123° 56' 210.06 feet;
3. Thence along a curve to the left having a radius of
10.00 feet, the chord
azimuth and distance
being: 78° 56' 14.14
feet;
4. 213° 56' 30.04 feet along Lot 36-A, the
remainder of R.P. 5671,
L.C. Aw. 8521-B, Apana 1
to G.D. Hueu;
5. 303° 56' 220.00 feet along Lot 36-A, the
remainder of R.P. 5671,
L.C. Aw. 8521-B, Apana 1
to G.D. Hueu to the point
of beginning and
containing an area of
4,431 square feet, more
or less.
EXHIBIT "A"
Page 2 of 4
Being a portion of the premises described in that certain
Deed dated January 11, 1973 from SIGNAL PROPERTIES, INC., a
California corporation, as Grantor, to ORCHID ISLAND RESORTS
CORPORATION, a Hawaii corporation, as Grantee, recorded in the
Bureau of Conveyances of the State of Hawaii in Liber 8870 at
Page 296.
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all mineral
and metallic mines.
2. Restriction of vehicle access rights (except two permitted
accesses) into and from Queen Kaahumanu Highway, which
access rights were acquired by the State of Hawaii, set
forth in that certain Deed dated July 14, 1972, recorded as
aforesaid in Liber 8516 at Page 348. Said two permitted
accesses are also shown on File Plan No. 1821, by exchange
of access rights, c'ated October 14, 1986, recorded as
aforesaid in Liber 20154 at Page 211, the southerly located
access of said two permitted accesses was further
surrendered to the State of Hawaii in exchange for another
access located further south.
3. Grant dated September 15, 1987, to HAWAII ELECTRIC LIGHT
COMPANY, INC. and GTE HAWAIIAN TELEPHONE COMPANY
INCORPORATED, of a perpetual right and easement to
construct, reconstruct, repair, maintain and operate pole
and wire lines, etc., for the transmission and distribution
of electricity, recorded as aforesaid in Liber 21261 at Page
154.
4. Easement "4" (area 6,290 square feet) for all utility
purposes, as shown on File Plan No. 2100, excepting and
reserving Easement "A-3" (area 4,431 square feet) for access
and utility access purposes in favor of Mauna Lani Resort,
Inc., being more particularly described as follows:
EASEMENT A-3
Beginning at the northeast corner of this easement parcel,
also the initial point of Fire Station Site and on the
northwest side of Queen Kaahumanu Highway, the coordinates
of said point of beginning referred to Government Survey
Triangulation Station "PW HINAI" being 16,253.14 feet north
and 19,175.73 feet west and running by azimuths measured
clockwise from true South:
EXHIBIT "A"
Page 3 of 4
1. Following along Queen Raahumanu Highway, along a curve
to the right having a
radius of 22,470.35 feet,
the chord azimuth and
distance being: 33°
45' 28" 20.04 feet;
2. 123° 56'
210.06 feet;
3. Thence along a curve to the
4. 213°
5. 303°
56'
left having a radius of
10.00 feet, the chord
azimuth and distance
being: 78° 56' 14.14
feet;
feet along Lot 36-A, the
remainder of R.P. 5671,
L.C. Aw. 8521-B, Apana 1
to G.D. Hueu;
220.00 feet along Lot 36-A, the
remainder of R.P. 5671,
L.C. Aw. 8521-B, Apana 1
to G.D. Hueu to the point
of beginning and
containing an area of
4,431 square feet, more
or less.
56'
-NOTE:-
30.04
1. The corporate name of ORCHID ISLAND RESORTS CORPORATION was
changed to MAUNA LOA LAND, INC., by instrument dated
February 12, 1974, recorded as aforesaid in Liber 9736 at
Page 363 on February 14, 1974.
2. The corporate name of MAUNA LOA LAND, INC., was changed to
MAUNA LANI RESORT, INC., by instrument dated July 8, 1980,
recorded as aforesaid in Fiber 16000 at Page 715 on November
25, 1981.
0053877.02
EXHIBIT "A"
Page 4 of 4