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Home My WebLink AboutRES 353 Draft 01 1988-1992OFFICE INFORMATION ONLY Mee[ing: December 10, 1991 Ac[ion: Close File Re: F.esolution 353-91 COUNTY OF HAWAII RESOLUTION NO STATE OF HAWAII 3~3 91 RESOLUTION AUTHORIZING THE DIRECTGR OF FINANCE TO TRANSFER 5.018 ACRES OF COUNTY PROPERTY TMK: 5-4-09:04 TO THE STATE OF HAWAII FOR THE PURPOSE OF EXPANDING THE IiAWAII ARMY NATIONAL GUARD ARMORY COMPLF,X, KAPAAU, NORTH KGHALA, HAWAII. WHEREAS, chapter 2, article 19, section 2-120(a)(1), Hawaii County Code, as amended, provides that: the Council may, by resolution approved by a majority of its members, direct the finance director to negotiate the disposition of real property by selling it in fee simple at such price and on such terms and conditions deemed proper to governments and governmental agencies authorized to hold lands in fee simple; and WHEREAS, chapter 2, ar.tieie 15, sectior. 2-120(b), Hawaii County Code, as amended, provides that a disposition of real property to governments or govei.-::n:ental agencies may be made without the notice o.r appraisal otherwise required by article 19; and WHEREAS, the Country owns 'i'1QK: 5-^-09:04 which was obtained from Kohala Corporation as a chaLitable contribution for exclusively public purposes; and VI}iERF_AS, the State rf Iiewaii, :~et~artment ci Defense, owns TMK: 5-4-05:51 which is the rr~ae,a site of cl:a Hawaii Army National Guard Armory; and WHEREAS, tY:e State: of H(1Wa1)., Dapar.'~ment of Defense, has requested the tram:f.er of 5.OlES acres o~ the 10.L51 acres which comprise TMK: 5-~,-09:C4 ownc:l by the County of Hawaii for the purpose of expanding the Hawaii Army National Guard Armory site to permit construction of a new armory; and WHEREAS, the construction of a new armory will enhance the readiness of the Hawaii Army National Guard unit stationed at Kapaau, North Kohala, and will also benefit the local community by a general enhancement of the Kamehameha Park area; and WHEREAS, the County desires to give the necessary consent to transfer 5.018 acres of the 10.251 acres which comprise TMK: 5-4-09:04 on the terms and conditions set forth in the deed which is attached as Exhibit "A", NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII THAT: in accordance with the provisions of chapter 2, article 19, sections 2-120(a)(1) and 2-120(b), Hawaii County Code, as amended, the director of finance is authorized to transfer 5.018 acres of County property TMK: 5-9-09:04 to the State of Hawaii for the purpose of expanding the Hawaii Army National Guard Armory complex, Kapaau, North Kohala, Hawaii. Dated at Hilo, Hawaii, this lOllii day of December 1991. INTRODUCED BY: 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 December 10, 1991 ATTEST: ROLL CALL VOTE AYES NOES ABS F.X ARAKAKI DE LIMA DOMINGO HALE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE Reference C-2703 FC-920 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. - .iJ~3 ~"~ DEED KNOW ALL MEN BY THESE PRESENTS: That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, and convey unto the STATE OF HAWAII, whose principal place of business and post office address is Hawaii State Capitol, 415 South Beretania Street, Honolulu, Hawaii 96813, hereinafter called the "Grantee," its successors EXHIBIT 'A' Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 and assigns, forever, the real property herein below described and delineated on the map attached hereto as Ezhibit "1": PORTION OF PARCEL B Being Portion of Grant 1554 to Hoohua And Portion of R.P. 6724, L.C.Aw. 8097 to Hoohua Situate at Honopueo, North Kohala, Hawaii Beginning at the northeast corner of this parcel of land, the northwest corner of Parcel C, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW KAPU" being 29.45 feet North and 1,050.56 feet West and running by azimuths measured clockwise from True South:- 1. 15° 38' 15" 545.86 feet along Parcel C; 2. 86° 44' 70.00 feet along (Governor's 3. 29° 04' 60.52 feet along (Governor's 4. 91° 23' 185.32 feet along Grant 1559 Kamehameha Park Ezecutive Order 121); Kamehameha Park Ezecutive Order 121); the remainder of to Hoohua; 5. 1° 23' 115.00 feet along the remainder of Grant 1554 to Hoohua and along the National Guard Armory Site, Governor's Ezecutive Order 1293; 6. 91° 23' 112.10 feet along (Governor's 7. 55° 20' 37.20 feet along (Governor's 8. 211° 30' 112.00 feet along Grant 1554 Kamehameha Park Executive Order 121); Kamehameha Park Ezecutive Order 121); the remainder of to Hoohua; -2- 9. 192° 00' 137.00 feet Grant 6724, 10. 205° 50' 182.00 feet 6724, 11. 175° 00' 161.00 feet 6724, along the remainder of 1554 to Hoohua and R.P. L.C.Aw. 8097 to Hoohua; along the remainder of R.P. L.C.Aw. 8097 to Hoohua; along the remainder of R.P. L.C.Aw. 8097 to Hoohua; 12. 142° 00' 144.00 feet along the remainder of R.P. 6729, L.C.Aw. 8097 to Hoohua; 13. 263° 10' 437.00 feet along the remainder of R.P. 6729, L.C.Aw. 8097 to Hoohua; 14. 275° 30' 80.00 feet along the remainder of R.P. 6724, L.C.Aw. 8097 to Hoohua to a point of beginning and containing an area of 5.018 Acres. SUBJECT, HOWEVER, to the following: That Grantee will make every effort to accommodate and allow public use of Grantee's parking lot located adjacent to Grantor's public park. In the event Grantee's Department of Defense terminates or abandons use of the subject property, this instrument shall become null and void, the Grantee shall forfeit all right and title to the property, and all interest shall revert without notice to the Grantor. TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges and appurtenances thereunto belonging or appertaining, unto the Grantee, its successors and assigns, forever. -3- IN WITNESS WHEREOF, the Grantor has hereunto executed these presents this day of COUNTY OF HAWAII By LORRAINE R. INOUYE Its Mayor /`/~R/~)ECOMMEND APPROVAL /~ Director Department of Parks and Recreation APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Dated: 1991. -4- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 19 before me personally appeared LORRAINE R. INOUYE, to me personally known, who, being by me duly sworn, did say that she is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.4(g) of the County Charter, County of Hawaii (1980), as amended; and said LORRAINE R. INOUYE acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: -5- l~~o 0 t w la a, o1,..P ,,. ~~ ' .iN +o ~ ros.no •rvu Paru'~ ,/ a ~~ . ton <~.+e u. n ~. w9 I~asc u. iP 'NU karLL'a ,~ ~; ~ ~ 1 01 ° o. b. n o1 ~ 1~ ~ 0 \1r ~O f°dKcst c T1 p ` r S.ZD+.S dee-~~ rJ~ 1 v. KoIIPIP Cccrror`,~t~c1 - cui.C• ~~ v •.NPNPn~N.dc 3 ~,~ ,,,, ~.o . ~8 ~>"' --`--- IT~IA .. 1~'/ X11, 'IiO. ! 1L0 :1^ 1'l'j `rC Y XI' ~~ 1 G `r~ '~ .Y ~ I ~ \ 1 n `r,1~° ~[ t J`d s r '~. <.* _ ~~G~o PoRTlon OF PARCEL `.8 r' e/~/9i 7CM 1 i AG 4/ `Q O C. G < /; c n N ~ ~ 1 IN / • ~ ~ 6 \ 9 'rw o Y / (, q p/OCl ; 1 I Y .~ ^ O n L ' N Gfi 11 0 ' ' a f j r~, yo h C / i ~ ~ ~ `a a ''` ~ i . ' /. 0 ~ 4 0 } C ? ~4 ~/ t n d a uI n •' U u ~ d II o p i ~ k 1^ i c 8 _ k /o° a - EXHIBIT '1' ~ 8 n° v/ ~ , u}rr '„1h.-7`.. ~.a L.n,.~,F..o v.., ..i{.II .'.Z.; ... A `., n ~ f ~ ... N / ruu ,uouluq COI~~aLltaaTlON or paKG~i A CKdM61-{e.M@Np r4KK bbbIT10N) dNb 1-IaAldll NdT10Nli 4uaKb JRG (tH(6C, OlClnt°K 12D~J) 1Nb THE KG-+uBbIN.710N Or .ahib cON~OtIgAT10N INTO pAI~GYA-, b dNb G bGING hbleTldJ~ Or GKaNT 1547 7b .1,)+1. 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