HomeMy WebLinkAboutRES 361 Draft 01 1988-1992COUNTY OF HAW'Iq;~~~ :..:.STATE OF HAWAII
RESOLUTION No.
36I 91
WHEREAS, pursuant to Section 13-12, County Charter,
County of Hawaii, Acceptance of Gifts or Donations, the Council
may accept gifts of real estate, or any interest real estate on
behalf of the County; and
WHEREAS, on May 4, 1988, by Resolution No. 446-88, the
Hawaii County Council approved the Community Development Block
Grant (hereinafter CDBG) application to the U.S. Depaatment of
Housing and Urban Development (HUD); and
WHEREAS, on April 26, 1988 the Hawaii County Housing
Agency (hereinafter HCHA) approved the acquisition of an
appropriate site to construct or rehabilitate an existing
facility to accommodate the needs of homeless persons and
families; and
WHEREAS, the subject 44,076 square feet property,
identified as TMK: (3)2-3-12-04, located on 115 Kapiolani
Street, Hilo, Hawaii 96720, was appraised at $400,000; and
WHEREAS, the Roman Catholic Church in the State of
Hawaii, has agreed to sell the property to the County for the sum
of $327,215.20; and
WHEREAS, under Federal regulations that govern real
property acquisition utilizing United States Department of Urban
Development's (HUD) Community Development Block Grant (CDBG)
funds, Roman Catholic Church, is entitled to receive fair market
value for the subject property.
WHEREAS, the Roman Catholic Church, has agreed to
donate the balance of the estimated appraised value of
$400,000.00, which is $72,784.20 to the County in order to assist
the County in its efforts to provide a temporary homeless shelter
for displaced families, single parents with children, single
women and men.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII that the Council accept the donation of land
from the Roman Catholic Church in the State of Hawaii in order to
assist the County in its efforts to acquire and provide a
homeless shelter for homeless persons and families.
BE IT FURTHER RESOLVED that a true and correct copy of
this resolution be transmitted to the Roman Catholic Church in
the State of Hawaii and the Office of Housing and Community
Development.
Dated at Hilo, Hawaii, this 21st day of
August 1991.
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 Augna+ 21 , 1 991
ATTEST:
COUNTY CLERK CHAI'~PRESIDING OFFICER
I TRODUCED BY:
Council n, County of Hawaii
ROLL CALL VOTE
AYES NOES ABS EX
ARAKAKI
DE LIMA X
DOMINGO
HALE X
KOKUBUN
LAI X
MAKUAKANE
RUDDLE X
SCHUTTE
Reference
RESOLUTION NO. 361 ~'
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91 107002
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AFTER RECORDATION, RETURN BY Mail (Y) Pickup ( )
County of Hawaii O
25 Aupuni Street Epp ~/~`/ ~
Hilo, HI 96720 t " ~ IIU••~}I
DEED
KNOW ALL MEN BY THESE PRESENTS:
That the ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII, a
Hawaii non-profit corporation, hereinafter called 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 COUNTY
OF HAWAII, a municipal corporation of the State of Hawaii, whose
address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter
called the "Grantee", receipt whereof is hereby acknowledged, does
by these presents grant, bargain, sell and convey unto Grantee the
real property described in Exhibit "A" hereto attached and
expressly made a part hereof.
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;
P' 1F 7 8136001 M 0010988. DOC
9 _ ~~r J ~
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TO HAVE AND TO HOLD the same, together with all buildings,
improvements, tenements, hereditaments, rights, easements,
privileges and appurtenances thereunto belonging or appertaining or
held and enjoyed therewith unto Grantee, absolutely and in fee
simple;
And the Grantor for itself and its successors does hereby
covenant with the Grantee and its successors and assigns, that it
has good right to convey said premises, that the interest of the
Grantor is free and clear of and from all encumbrances made by,
through or under the Grantor, except as herein mentioned and
current real property taxes, if any, which are to be prorated as of
the date of recording of this instrument, and it will WARRANT and
DEFEND the same unto the Grantee and its successors and assigns,
against the lawful claims and demands of all persons claiming by,
through or under the Grantor, except as aforesaid.
The terms "Grantor" and "Grantee", as and when used herein, or
any pronouns used in place thereof, shall mean and include the
masculine, feminine or neuter, the singular or plural number,
individuals or corporations, and their and each of their respective
heirs, personal representatives, successors and assigns, according
to the context thereof.
IN WITNESS WHEREOF, the Grantor has executed these presents
this //~ day of ~,ti , 1991.
ROMAN CATHOLIC CHURCH IN THE
STATE OF HAWAII
s ~..:,~-
r:~~aecro~ua~o9ee.noc 2
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU )
On this-~-//~ day of 4w~- 1991, before me appeared
~sre~i ~• Y~yr~-r~o 7l to me~personally known, who, being by
me duly sworn, did say that he is the Oy.u.l~...Z
of the ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII, a Hawaii non-
profit corporation, that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation
under the authority conferred by, and in accordance with the
requirements of the By-Laws of said corporation, and acknowledged
said instrument to be the free act and deed of said corporation.
Notary Public, State of Hawaii.
My commission expires /~-~- 9~
P:~FI RB(1001 U0010988.D0C 3
EXHIBIT "A"
Portions of
R. P. 4553 and 4580, L. C. Aw. 2578 to Hewahewa
R. P. 1155, L. C. Aw. 5701 to Kaiu
R. P. 1152, L. C. Aw. 2228 to Kaapa and
R. P. 1600 to A. P. Mission on a Portion of L. C. Aw. 387,
Part 4, Section 1 to American Board of Commissioners
for Foreign Missions
Ponahawai and Punahoa 1, South Bilo, Island of Hawaii, Hawaii
Beginning at a "+" on concrete sidewalk (found) at the
South corner of this parcel of land and on the Northeasterly side
of Kapiolani Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "HALAI" being
1,604.41 feet North and 2,458.83 feet East and running by azimuths
measured clockwise from True South:
145° 53' 115.25 feet along the Northeasterly side of
Kapiolani Street to a "+" on
concrete sidewalk (found);
2. 227° 10' 114.50 feet along L. C. Aw. 2406 to Kanoa to a
pipe (found);
3. 223° 25' 208.20 feet partly along a fence along L. C. Aw.
2406 to Kanoa and remainders of
R. P. 1155, L. C. Aw. 5701 to Kaiu,
and R. P. 1600 to A. P. Mission on a
portion of L. C. Aw. 387, Part 4,
Section 1 to American Board of
Commissioners for Foreign Missions,
and passing over pipes (found) at
1.33 feet and 175.17 feet to a pipe
in concrete (found);
4. 327° 03' 94.90 feet along remainders of R. P. 1600 to
A. P. Mission on a portion of L. C.
Aw. 387, Part 4, Section 1 to
American Board of Commissioners for
Foreign Missions and R. P. 1152,
L. C. Aw. 2228 to Kaapa to a pipe
(found);
5. 328° 52' 75.76 feet along remainder of R. P. 1152, L. C.
Aw. 2228 to Kaapa, passing over a
pipe (found) at 18.98 feet, to a
pipe (found);
6. 55° 53' 178.35 feet along remainders of R. P. 1152,
L. C. Aw. 2228 to Kaapa and R. P.
4553 and 4580, L. C. Aw. 2578 to
Hewahewa to a pipe (found);
7. 325° 53' 10.08 feet along remainder of R. P. 4553 and
4580, L. C. Aw. 2578 to Hewahewa to
a pipe (found);
8. 57° 13' 132.00 feet along remainder of R. P. 4553 and
4580, L. C. Aw. 2578 to Hewahewa to
the point of beginning and
containing an area of 44,076 square
feet.
Together with a right-of-way for the purpose of
constructing a sewer and pipe line over and across the following
described land:
All of that portion of L. C. Award No. 2228, Royal Patent
No. 1152 to Kapaa, Ponahawai, South Hilo, Hawaii, and more
particularly described as follows:
Beginning at a pipe at the North corner of this parcel of
land, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "HALM" being 1784.41 feet
North and 2712.05 feet East, thence running by azimuths, measured
clockwise from true South:
1. 328° 52' 41.70 feet along property of E. P. Giacometti,
to a pipe;
2. 63° 33' 3.01 feet;
3. 148° 52' 41.29 feet;
-2-
4. 235° 53' 3.00 feet to the point of beginning and
containing an area of 12.4 square
feet.
as granted by that certain Grant dated April 20, 1938, recorded in
the Bureau of Conveyances of the State of Hawaii in Liber 1436 Page
117.
TOGETHER, ALSO, with the right to enter in and upon the
Easterly portion of the remaining poriton of the Porter lot, and to
build, operate and maintain a sewer pipe line to connect the land
hereby conveyed with the sewer line on Pleasant Streeet, as set
forth in that certain Deed of Mrs. Mary L. Porter to Mrs.
Mary T. C. Hitchcock dated February 7, 1913, recorded in the Bureau
of Conveyances of the State of Hawaii in Liber 390 Page 14.
Being all of the land conveyed by:
WARRANTY DEED
Grantor: Eleanor P. Schoen, Mary Shroyer and William F.
Schoen (no marital status given)
Grantee: The Roman Catholic Church of the State of
Hawaii
Dated: August 13, 1988
Liber: 22282
Page: 504
CORRECTED WARRANTY DEED
Grantor: Eleanor P. Schoen, Mary Shroyer and William F.
Schoen (no marital status given)
Grantee: The Roman Catholic Church of the State of
Hawaii
Dated: June 20, 1989
Liber: 23668
Page: 269
-3-
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all
mineral and metallic mines.
2. Rights of Native Tenants as reserved in Land Commis-
sion Award No. 387.
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