The URL can be used to link to this page

Home My WebLink AboutRES 283 Draft 01 1988-1992Lorraine R. Inouye ., ~ . rr ;~ ;_ ~ __- Mayor C`'' ~ .- _ _ Michael J. Matsukawa Corporation Counsel ~i ~ ~ '~ -. ~f the Corporation Co~.titsel~ ~ t ~ : ~ ~ rp ration ~ tinsel ~aii • Hilo Lagoon Centre • 101 Aupuni Stied Siii4e' 325 • -.Hilo, Hawa~ii~,9b720 ~ova1 yoi-azsl • Fax (808) 969-7049 ~ ~"~ ~c,~ _ . ~rk.il September 28, 1992 Mr. Robin Yahiku County Clerk County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Yahiku: Re: Hilo Professional Building Site Acquisition; County of Hawaii v Mana Shafih. Civil No. 91-172 Enclosed for your files and information are: (1) the recorded copy of the warranty deed conveying title of the above property to the County of Hawaii; (2) a copy of the title insurance policy in favor of the County; (3) a copy of the cover letter from Title Guaranty Escrow Services, Inc., dated May 15, 1992, conveying the same; (4) copies of a cover letter from Title Guaranty Escrow Services, Inc., dated June 26, 1992, conveying a corrected page 2 of Title Insurance Policy T70 008510; and (5) a copy of a letter from Title Guaranty Escrow Services, Inc., dated September 22, 1992. Please call me if you have any questions. Thank you. Sincerely, MICHAEL J. MATSUKAWA Corporation Counsel By ~~-C_, ~ ~~ / , ANSON K. LEE Deputy :.orporation Counsel AKL:at Enclosures 7819I k~es• ~aa-9~ ~ot.,Z38o TL rLE GUARANTY OF HA WA~~ INCORVORATED NONOLUL0. NAWAII TITLE GUARANTY OF HAWAII, INCORPORATED HEREBY CERTIFIES THAT THIS IS A TRUE COPY OF THE ORIGINAL DOCUME'iiT RECORDED REGULAR SYSTEM DOCUMENT NO. 92-033559 ON MARCH 09, 111992 AT 9:10 A.M. BY: ~WV ,V f- J LAND COURT SYSTEM REGULAR SYSTEM After Recordation, Return by Mail ( ) Pickup ( ) CODNTY OF HAWAII ' 25 AHPIINI STREET TG: / -`~~/ 7~ HILO, HAWAII 96720 ___ TG:: 5.. _ Re: Escrow No. 9 13 0 212 5 5 I MCFNICA LUi7_ JC 100891 5987U AFFECTS TAX MAP KEY: (3) 2-3-006-003 WARRANTY DEED SELLER: MANA SHAFIH, wife of Ken mailing address is 336 N. 44612. Shafih, whose residence and Larens Square, Bolivar, Ohio BUYER: COUNTY OF HAWAII, a municipal corporation, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720. DESCRIPTION OF PROPERTY: The property affected by this Warranty Deed is described in Exhibit "A" attached to this document. SALE AND TRANSFER OF PROPERTY: In return for the Buyer's payment of the purchase price as agreed between Seller and Buyer, the Seller sells and transfers the property described in Exhibit "A" to the Buyer. SALE AND TRANSFER OF OTHER RIGHTS: Seller also sells and transfers to the Buyer the following: (A) All improvements located on the property; (B) All rights the Seller has in other property because of the Seller's ownership of the property being sold (these rights are known as "easements and appurtenances"); (C) All rents or royalties from the property; (D) Any mineral and metallic rights owned by the Seller in the property; and (E) All other rights or privileges that the Seller owns because of the Seller's ownership of the property. SELLER'S WARRANTIES: By signing this Warranty Deed., Seller gives Buyer a general warranty of title. This means that Seller guarantees: (A) That the Seller lawfully owns the property and other rights being sold to the Buyer; (B) That the Seller has the right to sell and transfer the property and other rights described in Exhibit "A" and this Warranty Deed; (C) That there are no other claims by any person against the property or the other rights being sold and no other person has any rights in the property unless those claims or rights are described in Exhibit "A" under the title "SUBJECT TO"; and (D) That if any other person makes any lawful claim against the property or the other rights being sold, or has any ;iahts in the property, and those claims or rights are not described in Exhibit "A", then the Seller will defend the Buyer's ownership against those lawful claims and rights. The Seller does not have any obligation to defend the Buyer's ownership against any claims or rights described in Exhibit "A". -2- F DEFINITIONS: The word "person" includes natural persons, business organizations and any other entity the law allows to own property or conduct business. The words "Seller" and "Buyer" include the persons named in this Warranty Deed and those who take over or succeed to that person's rights or interests, whether by purchase, inheritance, operation of law or otherwise. DATE This Warran Deed is being signed by the Seller on the day of ~~' 19~. c MANA SHAFIH SELLER Approve as orm: CA & SYNCH v -3- F STATE OF OHIO COUNTY OF On this ~ day of + personally appeared MANA SH IH, me known in and who executed the fo egoin instrument, executed the same as her free act and deed. "~ SS: 19 ~~ before me to be the person described and acknowledged that she Notary Public In and For Said County and State RUTH E. E~^:Pd My commission expires: f`.brarv F~~~Y'~ o-a=, ~; B~~{a h1y con:ma;,on c ,,fires S-13-94 -4- r EXHIBIT "A" All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 16, Land Commission Award Number 1176 to Geo. M. Moore and Royal Patent Number 2479, Land Commission Award Number 4598, Apana 1 to Halaki) situate, lying and being at the northeast corner of Kalakaua and Kinoole Streets at Piihonua, District of South Hilo, island and County of Hawaii, State of Hawaii, and thus bounded and described: Beginning at a + cut on cement sidewalk at the west corner of this lot, which is also the northeast corner of Kalakaua and Kinoole Streets, the coordinates of said point of beginning referred to Government Survey Trig. Station "HALM" being north 2903.88 feet and east 2731.82 feet, thence running by true azimuths and distances: 1. 239° 58' 48.5 feet along Kalakaua Street to a 3/4" gale. iron pipe; 2. 327° O5' 156.02 feet along the property of the County of Hawaii to a 3/4" gale. iron pipe; 3. 62° 40' 53.59 feet along the property of the Hilo Hotel Ltd. to a cross (+) cut on cement sidewalk; 4. 148° 55' 153.34 feet along Kinoole Street to the initial point, and containing an area of 7,778 square feet, more or less. Being the same premises conveyed to the Seller Satisfaction Deed dated 19 recorded in the Bureau of Conveyances of the State of Document No. herein by and Hawaii as 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 leases or tenancies of the existing tenants or occupants of the Hilo Professional Auilding and all their re:~pective rights and interests therein. 3. AFFIDAVIT OF COUNSEL dated ----- (acknowledged June 28, 1988), recorded in Liber 22134 at Page 622. EXHIBIT "A" r JJ TICOR TITLE VSURA~IICE J 12 0601 70 008510 Policy of Title Insurance Hawaii Standard SUBNEC" TO THE EXCLUSIONS FROM Owner's Policy COVERAGE, THE EXCEPTIONS FROM (1991) COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULA- TIONS, TICOR TITLE INSURANCE COM- PANY OF CALIFORNIA, a California corpora- tion, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lies or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attor- neys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding until countersigned below by an authorized signa- tory of the Company. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Countersigned at Honolulu, /G / Hawaii, by Title Guaranty By of Hawaii, Incorporated General Agent Attest P.O. Box 3084 ~ Honolulu, Hawaii 96802 thorized Signatory c ///~J ///''' ~ -/ ' . 3~/ ~ ~ President 3a ~. , ~~~~2~ // Secretary jt~s.r'-L JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ~JJJJJJ HAWAII STANDARD OWNER'S POLICY (1991) Reorder Form No. 2362 J SCHEDULE A Premium: $365.00 Amount of Insurance: $108,892.00 Date of Policy: March 9, 1992 at 9:10 o'clock A.M. Policy No.: T70-008510 Agent's Reference No.: 13175A Hawaii Standard Owner's Policy (1991) ------------------------------------------------------------ 1. Insured COUNTY OF HAWAII, a municipal corporation 2. Title to the estate, lien or interest insured by this policy is vested in THE NAMED INSURED 3. Estate, lien or interest insured FEE SIMPLE 4. Description of the real estate with respect to which this policy is issued See Schedule C. 13175A AsA 'PITLE GUARANTY OF HAWAII Page 1 INCORPOFATEO HONOLULU. MAW 411 J T70-008510 SCHEDULE B All matters set forth in t:ie paragraphs below the caption "Exclusions from Coverage" on the inside cover of this Policy and the following matters are expressly excluded from the coverage of this Policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason thereof. Part I 1. Real Property Taxes have been fully paid up to and including June 30, 1992. Tax Key: 2-3-006-003 (3) Area Assessed: 7,778 sq. ft. 2. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 3. Any and all existing leases or tenancies of the existing tenants or occupants of the Hilo Professional Building and all their respective rights and interests therein. 13175A AsA TITLE GUARANTY OF HAWAII Page 2 INCORVORATED HON^'. IIIV H4W All r --y J T70-008510 SCHEDULE C The land referred t~ in this policy is described as follows: All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 16, Land Commission Award Number 1178 to Geo. M. Moore and Royal Patent Number 2479, Land Commission Award Number 4598, Apana 1 to Halaki) situate, lying and being at the northeast corner of Kalakaua and Kinoole Streets at Piihonua, District of South Hilo, Island and County of Hawaii, State of Hawaii, and thus bounded and described: Beginning at a + cut on cement sidewalk at the west corner of this lot, which is also the northeast corner of Kalakaua and Kinoole Streets, the coordinates of said point of beginning referred to Government Survey Trig. Station "HALAI" being north 2903.88 feet and east 2731.82 feet, thence running by true azimuths and distances: 1. 239' S8' 48.5 feet along Kalakaua Street to a 3/4" gale. iron pipe; 2. 327° OS' 156.02 feet along the property of the County of Hawaii to a 3/4" gale. iron pipe; 3. 62' 40' 53.59 feet along the property of the Hilo Hotel Ltd. to a cross (+) cut on cement sidewalk; 4. 148' S5' 153.34 feet along Kinoole Street to the initial point, and containing an area of 7,778 square feet, more or less. 13175A AsA TITLE GUARANTY OF HAWAII Page 3 INCORPORATED HONOLULU. HAWAII SCHEDULE C CONTINUED BEING THE PREMISES DESCRIBED IN DEED GRANTOR NANA SHAFIH, wife of Ken Shafih GRANTEE COUNTY OF HAWAII, a municipal corporation DATED January 30, 1992 RECORDED Document No. 92-033559 J 13175A ASA TITLE GUARANTY OF HAWAII Page a INCORPORATED HON OL VL U. MAW OII May 15, 199 '%:. iu,i '~~~ ' ~~ is Pal 1 43 c~ COUIGT -V34II -- 101 AUPUNI STREET #325 HILO, HAWAII 96720 ATTN: ANSON K. LEE Dear Client: .L .L .l'_L~_~i L~ Ls. ~ ~__~_L I L .~ HILO BRANCH (808) 935-6636 450 KILAUEA AVENUE, HILO, HAWAII 96720 29hr Tele Fax (808) 969-6982 ESCROW NO 913021255 SELLER MS. MANA SHAFIH BUYER COUNTY OF HAWAII PROPERTY KALAKAUA STREET We are forwarding to you the following documents relative to the above mentioned transaction, which were recorded at the Bureau of Conveyances and/or filed at the Land Court of the State of Hawaii. 1. POLICY OF TITLE INSURANCE - 12 0601 70 008510 2. DEED - LC DOC NO 92-033559 Thank you fora the opportunity to have been of service. ica u Escrow Of ML:wkk Enclosures ~OIJ~IN4 ~, CC _..~ AGC_.~ DST--~ Mbd,~~~ TAK,_~ DA{_ CMU~_ KAf~ GIAC~^~ T SMI KEN c F RECEIVED '92 JUN 29 fl~ 9 41 COF,)•:;ri ;TIUN COUNSEL CBUI:Tf OF HAWAII BY• ~ DATE: June 26, 1992 _~•~~ L._~ ~~. ~ ~. _t..~.,. ~~• .LL._t! ~~, .LEI l,. HILO BRANCH (808) 935-6638 450 KILAUEA AVENUE, HILO, HAWAII 96720 24hr Tele Fax (808) 969-6982 LETTER OF TRANSMITTAL TO: PLEASE DELIVER TO: CORPORATION COUNCIL ATTN: ANSON LEE RE: 913021255 RE: SHAFIH Transmitted herewith is/are the following: 1. Corrected Page 2 of Policy T70-008510. ( ) For your information ( ) For signature and return ( ) For signature and forwarding ( ) For review and comment ( ) For correction ( ) For distribution ( ) See remarks below REMARKS: R~QIJ}td~ CC ACC,_,~ ~'T HSG TAK~_ DAB CHU~_ K GIA t~~ T SHI K~N - ( ) For necessary action (X) Per your request ( ) Per our conversation ( ) Approved as noted ( ) Disapproved ( ) For your files SHOULD YOU HAVE ANY QUESTIONS, PLEASE DO NOT HESITATE TO CALL. Ve Received By M~It~f H Talc Branch Man MHT:wkk Enclosure(s) Date s- T70-008510 SCHEDULE B All matters set forth in the paragraphs below the caption "Exclusions from Coverage" on the inside cover of this Policy and the following matters are expressly excluded from the coverage of this Policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason thereof. Part I 1. Real Property Taxes have been fully paid up to and including June 30, 1992. Tax Key: 2-3-006-003 (3) Area Assessed: 7,778 sq. ft. 2. Reservation in favor of the State of xawaii of all mineral and metallic mines. F 13175A AsA TITLE GUARANTY OF HAWAII Page 2 INCOXPORATEC NONOLULU. MFW,'~ September 22, 1992 :-~~IVED '92 SEP 23 AEI 10 26 C'`.' , i ' ~i,,, OUNSF.L COUNTY O~ HAWAII_ OFFICE OF THE ' 1~'~ION COU~I~Ei. 101 AUPUNI ST ET, #3 HILO, HAWAIS 96720 ATTN: ANSON K. LEE Dear Mr. Lee, HILO BRANCH (808) 935-6638 450 KILAUEA AVENUE, HILO, HAWAII 96720 24hr Tele Fax (808) 969-6982 ESCROW NO 913021255 SELLER MS. MANA S BUYER COUNTY OF PROPERTY KALAKAUA S HILO PROFESSIONAL BU VAII ROUTi.~b HSG T9A1~(~_ DM CHU_KAM~/ G IA _~JG. In response to your many transmittals, the last being September 8, - 1992, please be advised that we have complied with your request to delete from the title insurance policy the encumbrance that wi~l exclude from the policy any claims as a result of unrecorded rental _ agreements and/or tenant leases that may affect the subject property. mht Matt H Branch aLa ger R611Jii:~6 CC ABC O'T MRO TAK DAR CMU-KAM-.. . SF:I __.~.. ~ r COUNTY OF HAW!q~t ;:::.STATE OF HAWAII RESOLUTION No ti~~ ~%1 PROVIDING FOR THE ACQUISITION OF LAND FOR IMPROVEMENT AND EXPANSION OF THE EAST HAWAII CULTURAL CENTER, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: I. That it is necessary, for the public use and purpose, to wit: the improvement and expansion of the East Hawaii Cultural Center, an organization devoted to the promotion of the arts and various cultures and ethnic heritage of the Island of Hawaii and the State of Hawaii, to take, acquire, and condemn certain lands with all improvements thereon and appurtenances thereunto belonging, free and clear of all liens and encumbrances, and to that end and for these purposes the Corporation Counsel of the County of Hawaii be and is hereby authorized and empowered to initiate proceedings in eminent domain, a~ provided by law, for the taking, acquisition, and condemnation of the land described in Exhibit "1" attached hereto and made a part hereof, together with any adjacent lands necessary for temporary construction purposes, including but not limited to temporary easements for construction and operations, storage and disposal areas. II. That in the process of said proceedings in eminent domain, said Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement, subject to the approval of this Council and the court before which such proceedings are prosecuted. INTRODUCED BY: L MEMBER, COUNTY OF HAWAII 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 Februarv 20 , 1991 ATTEST: ~, W L 7'I' C UI~fT~LERR CHAIRMAN & P ESIDING OFFICER ROLL CALL VOTE AYES NOES ABS EX DOMINGO X HALE X ARAKAKI X KOKUBUN X LAI X MAKUAKANE X RUDDLE X SCHUTTE X DE LIMA X 0 0 0 neierence RESOLUTION NO. w~~ij ni PROPERTY DESCRIPTION The real property, designated as Parcel Tas Map Key (3) 2-3-006-003, is described as follows: All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 16, Land Commission Award Number 1178 to Geo. M. Moore and Royal Patent Number 2479, Land Commission Award Number 4598, Apana 1 to Halaki) situate, lying and being at the northeast corner of Kalakaua and Kinoole Streets at Piihonua, District of South Hilo, Island and County of Hawaii, State of Hawaii, and thus bounded and described: Beginning at a + cut on cement sidewalk at the west corner of this lot, which is also the northeast corner of Kalakaua and Kinoole Streets, the coordinates of said point of beginning referred to Government Survery Trig. Station "HALAI" being north 2903.88 feet and east 2731.82 feet, thence running by true azimuths and distances: 1. 239° 58' 48.5 feet along Kalakaua Street to a 3/4" gale. iron pipe; 2. 327° O5' 3. 62° 90' 4. 148° 55' 156.02 feet along the property of the County of Hawaii to a 3/4" gale. iron pipe; 53.59 feet along the property of the Hilo Hotel Ltd. to a cross (+) cut on cement sidewalk; 153.34 feet along Kinoole Street to the initial point, and containing an area of 7,778 square feet, more or less. EXHIBIT "1" February 21, 1991 I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the County Council, County of Hawaii, at their meeting held on February 20, 1991, by the following aye and no vote AYES: Arakaki, De Lima, Domingo, Hale, Kokubun, Lai, Makuakane, Ruddle, and Schutte - 9. NOES: None. ABSENT & EXCUSED: None. COUNTY CLERK COUNTY OF HAWAII March 6, 1991 I HEREBY CERTIFY that the foregoing resolution was duly passed on second and final reading by the County Council, County of Hawaii, at their meeting held on March 6, 1991, by the following aye and no vote: AYES: Arakaki, De Lima, Domingo, Hale, Kokubun, Lai, Ruddle, and Schutte - 8. NOES: None. ABSENT & EXCUSED: Councilmember Makuakane - 1. COUNCIL CHAIRMAN 'i COUNTY F)/HAWAII A C V ~ COUNTY CLERK J COUNTY OF HAWAII AFFIDAVIT OF PUBLICATION State of Hawaii County of Hawaii SS: YEMI TOKUNAGA ,being first duly sworn, deposes and says: 1. That she is the SECRETARY WEST HAWAII TODAY INC. publisher of West Hawaii Today, a newspaper published in the City of KAILLJA-KONA State of Hawaii. 2. That the" nnrrnrmv n~ vnurarTr emnmF n~ vnwnrr, pFenr,•mrn•r Dto. 283 91 PROVIDhrr, FOR THF. ACQUISITTOrT OF 7.ANn FOR IMPROVF.MF.NT ANI'] FXPATTGTnN ', of which a clipping from the newspaper as published is attached hereto, was published in said newspaper on the following date~s~ February 28 ,19 91 (etc.). Subscri/~bed and sworn to~be`fo,~re me this " t'~,~" ~ ~d~ay of y' `~^ ,19 ~~ . vwM.w1C- ~TA.tAZ~ Notary Public, Third Circuit, State of Hawaii My commission expires R/ei4a