HomeMy WebLinkAboutRES 063 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 63 99
RESOLUTION ACCEPTING THE ACCEPTANCE OF A QUITCLAIM OF REAL
PROPERTY IDENTIFIED AS TAX MAP KEY (3)7-5-18:008, FROM BANK OF HAWAII,
TRUSTEE, TO THE COUNTY OF HAWAII.
WHEREAS, BANK OF HAWAII, by its division, PACIFIC CENTURY TRUST
(successor by merger to Hawaiian Trust Company, Limited), as Trustee under the Trust created
in the Last Will and Testament of Manuel Gomes (hereafter "Trustee"), is the owner of that
certain parcel of real property located in Waiaha 1st, North Kona, Hawaii, specifically identified
as Tax Map Key No. (3)7-5-18:008, consisting of approximately 42,689 square feet, or 0.980
acres, being more particularly described in Exhibit A attached hereto; and
WHEREAS, the subject property is the site of the Waiaha Bay Sewage Pump Station; and
WHEREAS, the said Trustee has agreed to quitclaim the subject property to the County
of Hawaii; and
WHEREAS, the said Trustee executed a Trustee's Quitclaim Deed dated August 27, 1997
and recorded said deed with the Bureau of Conveyances of the State of Hawaii as Document
No. 97-134558 on October 3, 1997, without first obtaining formal acceptance of the property by
the County Council; and
WHEREAS, the description of the subject property attached to said Trustee's Quitclaim
Deed contained errors; and
WHEREAS, the Trustee has corrected said property description and executed a
Correction Deed containing the amended description; and
WHEREAS, the Trustee has provided title insurance policy to the County for the subject
property; and
WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the
Council may accept gifts which include the donation of land on behalf of the County of Hawaii;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and
Section 23-10 of the Hawaii County Code, that the County of Hawaii accepts the correction deed
for real property identified as Tax Map Key (3)7-5-18:008.
DATED: Hilo, Hawaii, ,Tune 23. 1999
IN RODUCED BY:
COUNCIL MEM E T OF HAWAII
I
COUNTY COUNCIL ROLL CALL VOTE
COllrity Of H3Wa11 AYES NOES ABS EX
Hilo, Hawaii ARAKAKI
CHUNG X
1 hereby certify that [he foregoing RESOLUTION was by ELARIONOFf X
the vote indicated [o the right hereof adopted by the COUNCIL of the JACOBSON
County of Hawaii on ,7nna ~ qqq X
LEITHEAD-TODD
ATTEST: PISICCHIO
SMITH X
- TYLER
YAGONG
kJ~J11 ~ 9
~~~`~CLERK CHAIRMAN&PRESIDINGOFFICER Reference: C-199/PW&PC-22
RESOLUTION NO. 63 99
EXHIBIT A
All of that certain parcel of land (being
portion(s) of the land(s) described in and covered by Royal
Patent Number 1930, No. 3 to Asa Thurston, and Land Commission
Award Number 387, Part 4, Section 2 to American Board of
Commissioners for Foreign Missions) situate, lying and being on
the easterly side of Alii Drive, at Naiaha 1st, North Kona,
island and County of Hawaii, State of Hawaii, and thus bounded
and described as per survey of Donald C. McIntosh, Licensed
Professional Land Surveyor, with Don McIntosh Consulting, dated
May 20, 1997, to-wit:
Beginning at a found pipe at the southwest
corner of this parcel of land, being also the northwest corner
of TMK: (3) 7-5-18:75 on the easterly side of Alii Drive, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "NORTH MERIDIAN" being 5,232.43
feet south and 2,200 east, thence running by azimuths measured
clockwise from true South:
1. 171° 31' 30" 5.20 feet along the easterly
side of Alii Dcive to a
rebar and cap;
Thence, along the
easterly aide of Alii
Drive along a curve to
the left with a radius of
5,754.70 feet, the chord
azimuth and distance
being;
2. 170° 25' S0" 219.84 feet to a rebar and cap;
3. 261° 31' 30" 192.56 feet along Parcel B,
along the remainder of R.
P. 1930 No. to Asa
Thucaton, L. C. Aw. 387,
Part 4, Sec. 2 to
American Hoard of
Commissioners for Foreign
Missions to a rebar and
cap;
4. 351° 31' 30" 223.00 feet along Parcel B,
along the remainder of R.
P. 1930 Mo. 3 to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 2 to
American Board of
Page 1 of 2
Commissioners for Foreign
Missions to a rebar and
cap;
5. 81° 31' 30" 188.36 feet along Parcel H,
along the remairtder of R.
P. 1930 No. 3 to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 2 to
American Board of
Commissioners for Foreign
Missions and TMR: (3)
7-5-18:75 to the point of
beginning and containing
an area of 42,689 square
feet, or 0.980 acres,
more or less.
Said above described parcel of land having. been
acquired by BISHOP TRUST COMPANY, LIMITED, as Trustee under the
Trust created in the Last Will and Testament of Manuel Gomes,
by STIPULATED JUDGMENT dated May 9, 1975, December 30, 1974,
December 6, 1974, May 20, 1975, April 20, 1975, April 24, 1975
and May 7, 1975, filed in the Circuit Court of the Third
Circuit, State of Hawaii, Civil No. 1813, on June 2, 1975,
recorded in Liber 17806 at Page 63, on April 17, 1984.
SUBJECT HOWEVER TO:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
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