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HomeMy WebLinkAboutRES 174 Draft 01 1988-1992OFFICE INFORMATION ONLY Meeting: May 2, 1990 Action: Approve and adopt Resolution No. 174-90. Re: Res. 174-90/PWC-90 COUNTY OF HAVIfA~ : ; STATE OF HAWAII RESOLUTION No. 1''`} 90 WHEREAS, the State Department of Transportation Highways Division, is presently constructing the Keaau-Pahoa Road, FASP No. RS-0130(18), Vicinity of Kahakai Boulevard to Kapoho and Kalapana Roads Junction; and WHEREAS, in connection with the construction of the project, the State requires the transfer of certain roadway parcels currently owned by the County, such roadway parcels being more particularly described in Exhibit "A," attached hereto; and WHEREAS, section 264-2 of the Hawaii Revised Statutes provides that the ownership of any county highway shall be transferred to the State when such highway is required by the State for state highway purposes; and WHEREAS, section 2-111 of the Hawaii County Code provides that any grant of interest in real property owned by the County must be authorized by the County council, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Mayor of the County of Hawaii is hereby authorized to execute a quitclaim deed in favor of the State of Hawaii for the roadway parcels hereinabove described. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is hereby directed to transmit copies of this Resolution to the Mayor of the County of Hawaii and the State Department of Transportation. Dated at Hilo, Hawaii, this 2nd day of 1990. INTRODUCED BY: G~~~ NCI MEMB R, 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 May 2 , 1990 , ATTEST: ,\ / COUNTY ERK HAIRMAN & PRESI ING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO X HALE INOUYE X KOKUBUN }{ LAI ~{ MAKUAKANE }{ RUDDLE SCHUTTE YAMASHIRO Reference C-1582/PWC-90 RESOLUTION NO. ~`~~`} `90 Larry S. Tanimoto Mayor Richazd I. Miyamoto Corporation Counsei J•t V-Oi ~\ ~~'~~ .+,~ Steven Christensen - v~.,--~~ , Office of the Corporation Counsel Assistant Corporation Counsel ::_ _ ~~ Hilo Lagoon Centre • 101 Auprrni Street, Suite 325 • Hilo, Hawaii 96720 • (808) 961-8251 •'=r % FAX (808) 969-7049 November 27, 1990 MEMO TO: County Clerk FROM Aaron S. Y. Chung, Deputy Corporation Counsel a'~_ SUBJECT: Keaau-Pahoa Road, FASP No. RS-0130(18) Vicinity of Kahakai Boulevard to Kapoho and Kalaoana Roads Junction Transmitted for filing with your office is the original of the Quitclaim Deed which transfers to the State parcels 4, 9, 15 and 18. ASYC:ch cc: Department of Public works (w/enc.) APPROVED: Y RICHARD I. MIY TO Corporation Coun el OFFICE OF THE ASSISTANT REGISTRAR, LAND COURT STATE OF HAWAII (Bureau of Conveyances) The original of this document eves recorded ae follows: DOCUMENT N0. ~ b ~ ~ ~ ~~~ OATF~..,~..L~~r,,, TIME ~ ~ 5 urn COURT SYSTEM REGULAR SYSTEM up ( ) To: DEPARTPAE~IIT OF TRA?ISPORTATION A6STRACTIPJG SECTION jl ~ c _ .' KEAAU-PAHOA ROAD Federal Aid Secondary Project No. RS-0130(18) Vicinity of Kahakai Boulevard to Kapoho and Kalapana Roads Junction PARCEL 4 Being a portion of the Government Land of Keonepoko-Iki Being also a portion of Kahakai Boulevard Land situated at Keonepoko-Iki, Puna, Island of Hawaii, Hawaii Beginning at the Southwest corner of this piece of land, on the Southerly side of Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Pahoa" being 852.78 feet North and 1,236.93 feet East, thence running by azimuths measured clockwise from true South: 1. Along the Southerly side of Keaau-Pahoa Road, Project No. RS-0130(18), across Kahakai Boulevard, on a curve to the left with a radius of 1,950.00 feet, the chord azimuth and distance being 110° 07' 30.5" 78.51 feet; 2. 250° 34' 00" 212.27 feet along Lot 19 of File Plan No. 1714; 3. Thence along same on a curve to the left with a radius of 2,575.00 feet, the chord azimuth and distance being 248° 57' 31.5" 144.51 feet; 4. Thence along the Northerly side of Keaau-Pahoa Road, Project No. RS-0130(18), along Lot 34 of File Plan No. 1714, on a curve to the left with a radius of 2,575.00 feet, the chord azimuth and distance being 246° 53' 31.5" - 41.23 feet; - -2- KEAAU-PAHOA ROAD, Project No. RS-0130(18) Parcel 4 (Cont'd.) 5. 336° 26' 00" 50.00 feet along the Northerly side of Keaau-Pahoa Road, Project No. RS-0130(18), across Kahakai Boulevard; 6. Thence along Lot 19 of Keonepoko-Iki Farm Lot Subdivision, on a curve to the right with a radius of 2,625.00 feet, the chord azimuth and distance being 68° 30' 00" 189.33 feet; 7. 70° 34" 00" 151.74 feet along Lot 19 of Keonepoko-Iki Farm Lot Subdivision to the point of beginning and containing an area of 18,458 square feet or 0.424 acre. Together with any and all abutter's rights of vehicle access, appurtenant to the remainder of the land of which Parcel 4 is a part, into and from Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), over and across Courses 1 of the above described Parcel 4. STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Highways Division Honolulu, Hawaii December 22, 1988 Tax Map Key: 1-5-116:Road By (Calc. Fldr. 542-B, Page 23) (Coord. Calc. Fldr. 542-B,-Page 24) -3- KEAAU-PAHOA ROAD Federal Aid Secondary Project No. RS-0130(18) Vicinity of Rahakai Boulevard to Kapoho and Kalapana Roads Junction PARCEL 9 Being a portion of Nanawale Homestead Road Being also a portion of the Government Land of Nanawale Land situated at Nanawale, Puna, Island of Hawaii, Hawaii Beginning at the South corner of this piece of land, on the Southwest side of Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Pahoa" being 891.10 feet South and 3,657.72 feet East, thence running by azimuths measured clockwise from true South: 1. 126° 30' 00" 29.38 feet along the Southwest side of Keaau-Pahoa Road, Project No. RS-0130(18), across Nanawale Homestead Road; 2. 216° 30' 00" 160.00 feet along Grant 4381 to Andrew Nielson and Grant 4380 to Chas. E. Alley; 3. 306° 30' 00" 29.38 feet along the Northeast side of Reaau-Pahoa Road, Project No. RS-0130(18), across Nanawale Homestead Road; -4- KEAAU-PAHOA ROAD, Project No. RS-0130(18) Parcel 9 (Cont'd.) 4. 36° 30' 00" 160.00 feet along Grant 4458 to L. P. Pau and Grant 4740 to John Kane to the point of beginning and containing an area of 4,701 square feet or 0.108 acre. STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Highways Division Honolulu, Hawaii August 2, 1988 Cadastral Engineer Tax Map Key: 1-5-06:Road (Calc. Fldr. 542-B, Page 50) (Coord. Calc. Fldr. 542-B, Page 50) -5- KEAAU-PAHOA ROAD Federal Aid Secondary Project No. RS-0130(18) Vicinity of Kahakai Boulevard to Kapoho and Kalapana Roads Junction PARCEL 15 Being a portion of Nanawale Homestead Road Being also portions of the Government Land of Nanawale and L. P. 8095 Part 2, L.C.Aw. 11,216 Apana 40 to M. Kekauonohi (Certificate of Boundaries No. 158) Land situated at Nanawale and Waiakahiula, Puna, Island of Hawaii, Hawaii Beginning at the Southeast corner of this piece of land, on the Southwest side of Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Pahoa" being 1,983.44 feet South and 5,093.01 feet East, thence running by azimuths measured clockwise from true South: 1. Along the Southwest side of Keaau-Pahoa Road, Project No. RS-0130(18), across Nanawale Homestead Road, on a curve to the left with a radius of 1,950.00 feet, the chord azimuth and distance being 139° 28' 04.5" 40.23 feet; 2. 3. 4. 177° 27' 00" 132.77 feet along the remainder of L.C.Aw. 11,216 Apana 40 to M. Kekauonohi; 162° 35' 00" 16.85 feet along same; 162° 35' 00" 15.21 feet along same; -6- KEAAU-PAHOA ROAD, Project No. RS-0130(18) Parcel 15 (COnt'd.) 5. Thence along the Northeast side of Keaau-Pahoa Road, Project No. RS-0130(18), along the remainder of Nanawale Homestead .Road, on a curve to the right with a radius of 2,050.00 feet, the chord azimuth and distance being 315° 19' S4" 12.80 feet; 6. Thence along same on a curve to the right with a radius of 2,050.00 feet, the chord azimuth and distance being 315° 55' 28.5" 29.63 feet; 7. 343° 19' 00" 37.28 feet along Grant 4462 to J. W. Kaolulo; 8. 359° 24' 00" 127.71 feet along same to the point of beginning and containing an area of 4,246 square feet or 0.097 acre. Together with any and all abutter's rights of vehicle access, appurtenant to the remainder of the land of which Parcel 15 is a part, into and from Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), over and across Courses 1 and 6 of the above described Parcel 15. Honolulu, Hawaii August 30, 1988 Tax Map Key: 1-5-06:Road STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Highways Division BY ~'"yL/ Cadastral Engineer (Calc. Fldr. 542-B, Page 81) (Coord. Calc. Fldr. 542-B, Page 82) -7- KEAAU-PAHOA ROAD Federal Aid Secondary Project No. RS-0130(18) Vicinity of Kahakai Boulevard to Kapoho and Kalapana Roads Junction PARCEL 18 Being portions of the Government Land of Nanawale and L. P. 8095 Part 2, L.C.Aw. 11,216 Apana 40 to M. Kekauonohi (Certificate of Boundaries No. 158) Being also'a portion of Nanawale Homestead Road Land situated at Waiakahiula and Nanawale, Puna, Island of Hawaii, Hawaii Beginning at the Southwest corner of this piece of land, on the Southwest side of Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Pahoa" being 2,309.24 feet South and 5,313.99 feet East, thence running by azimuths measured clockwise from true South: 1. Along the Southwest side of Keaau-Pahoa Road, Project No. RS-0130(18), across Nanawale Homestead Road, on a curve to the left with a radius of 1,950.00 feet, the chord azimuth and distance being 151° 20' 34" 20.63 feet; 2. 290° 04' 00" 125.49 along Grant 4891 to J. W. Kahoiwai; 3. 311° 57' 00" 40.89 feet along same; 4. Thence along the Northeast side of Keaau-Pahoa Road, Project No. RS-0130(18), across Nanawale Homestead Road, on a curve to the right with a radius of 2,050.00 feet the chord azimuth and distance being 335° 20' 30" 40.89 feet; 5. 131° 57' 00" 82.32 feet along the the Government Nanawale; -8- remainder of Land of KEAAU-PAHOA ROAD, Project No. RS-0130(18) Parcel 18 (COnt'd.) 6. 110° 04' 00" 100.31 feet along the remainders of the Government Land of Nanawale and L.C.Aw. 11,216 Apana 40 to M. Kekauonohi to the point of beginning and containing an area of 2,539 square feet or 0.058 acre. Together with any and all abutter's rights of vehicle access, appurtenant to the remainder of the land of which Parcel 18 is a part, into and from Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), over and across Courses 1 and 4 of the above described Parcel 18. STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Highways Division Honolulu, Hawaii By ~ ~?•:-`_ December 22, 1988 Cadastral Engineer Tax Map Key: 1-5-06:Road (Calc. Fldr. 542-B, Page 83) (Coord. Calc. Fldr. 542-B, Page 84) -9- QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose post office address is c/o Department of Finance, 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the 'GRANTOR", in consideration of the sum of ONE DOLLAR 01.00), paid by the STATE OF HAWAII, hereinafter called the "GRANTEE", the receipt whereof is hereby acknowledged, does hereby remise, release and forever quitclaim unto the GRANTEE, its successors and assigns, forever: ALL of its right, title and interest in and to those certain lands and premises designated as "PARCEL 4", "PARCEL 9", "PARCEL 15", and "PARCEL 18", as shown on the Right-of-Way Map of Keaau-Pahoa Road, Federal Aid Secondary Project No. RS-0130(18), Vicinity of Kahakai Boulevard to Kapoho and Kalapana Roads Junction, at Waiakahiula, District of Puna, Island and County of Hawaii, State of Hawaii, filed in the Highways Division, Department of Transportation, State of Hawaii, and more particularly described hereinafter. TO HAVE AND TO HOLD the same, together with all the rights, easements, privileges and appurtenances thereunto belonging, or in anywise appertaining or held and enjoyed therewith, unto the said GRANTEE, its successors and assigns, forever. SUBJECT, HOWEVER, to the following: 1. As to Parcels 15 and 18 only, rights of the native tenants as contained in Land Commission Award No. 11216, Apana 40. IN WITNESS WHEREOF, the COUNTY OF HAWAII, the GRANTOR herein, by its duly authorized officer has caused this instrument to be executed and its corporate seal to be affixed hereto on this 21st day of May 19 90 COUNTY OF HAWAII By Its Mayor GRANTOR APPROVED AS TO FORM AND LEGALITY: af;~:c:, ~, 7. c~,urac Deputy Corporation Counsel APPROVED AS TO FORM: ~~ ney General - -10- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this a-~5} day of lUl4~~ 19`10 before me personally appeared LARRY S. TANIMOTO, to me personally known, who, being by me duly sworn, did say that he is the of Hawaii, a municipal corporation of the State the seal affixed to the foregoing instrument is of the said County of Hawaii; and said LARRY S. acknowledged said instrument to be the free act County of Hawaii. Kayor of the County of Hawaii; that the corporate seal TANIh10T0 and deed of said Notary Publ c, SS at~.~raii My commission expires: u~r~93 . Bernard K Akana Mayor Hugh Y. Ono Chief Engineer ~,~"`'~'~~ `' Bruce C. McClure Department of Public Works Deputy Chief Engineer .L-_ •~ 25 Aupuni Street. Rm. 202 Hilo. Hawaii 96720 (808) 961-8321 • Fax (808) 969-7138 .o'y~ April 6, 1990 HONORABLE RUSSELL S KOKUBUN, CHAIRh1AN, AND tQEMBERS HAWAII COUNTY COUNCIL HAWAII COUNTY BUILDING HI LO HI 96720 SUBJECT: RESOLUTION PERTAINING TO KEAAU-PAHOA ROAD KAHAKAI BLVD. TO KAPOHO & KALAPANA ROAD JUNCTIONS FASP No. RS-0130(18) Attached for the County Council's action is a resolution, prepared by the Corporation Counsel, authorizing the Mayor to execute a quitclaim deed. The quitclaim deed will transfer certain roadway parcels under County o~anership, by the State's interpretation of road ownership, to the State for their project now in progress. Also attached, for your information, are copies of tax maps and right-of-way maps showing the affected parcel numbers 4, 9, 15 and 18. This department recommends the Council's favorable consideration. HUGH Y. ONO, P.E. Chief Engineer RM:sah Attachments - R,e; i7~ cc: Mayor Aaron Chung, Deputy Corporation Counsel APPROVED: ~ CO,~Z/~~/ ~/CGf/71'~ ~~aL Niayor v COMM. NO. - - /_~~~_' To: PWC REPORT OF THE COMMITTEE ON PUBLIC WORKS DATE: April 24, 1990 PLACE: Councilroom TIME: 9:00 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works to which was referred Resolution No. 174-90, reports as follows: The purpose of Resolution No. 174-90 is to authorize the Mayor of the County of Hawaii to execute a quitclaim deed in favor of the State of Hawaii for certain roadway parcels in the Keaau-Pahoa district. The State Department of Transportation, Highways Division is constructing the Keaau-Pahoa Road and requires the transfer of these certain County Roadways. Section 264-2 of the Hawaii Revised Statutes provides that the ownership of any County Highway shall be transferred to the State when such highway is required by the State for State highway purposes. Your Committee on Public Works concurs with Resolution No. 174-90 and recommends its adoption. /,q a ~.~ iT~PHEN K. YAMASHIRO, CHAIRMAN K. LAI, V H. MAKUAKANE, MEMBER -HAR12Y S LA/DH R. I UY , MEMBER PWC REPORT N0. 90 ADOPTED: f°7 !=" RUSSELL S.KOKUBUN Chairman & Presiding Olficrr MERLE K. LAI b'icrChairwoman COLIT~`I'Y CO[1>~CIL County of Haioaii Haua~ii Counhf Building 35 Aupuni Street Hilo, Hawaii 96720 May 8, 1990 Mr. Edward Y. Hi rata, Director State Department of Transportation 869 Punchbowl Street Honolulu, Hawaii 96813 Enclosed is a copy of Resolution No. 174-90 which was adopted by the Council of the County of Hawaii on May 2, 1990. Jo n Wag r COUNTY CLERK TAKASHI DOMNGO HELENE H. HALE LORRAINE R. 1NOCYE ROBERT H. MAKUAKANE HARRY S. RUDDLE SPENCER K. SCH[,'TTE STGPHEN K. Y:\M:\SHIRO Encl.