HomeMy WebLinkAboutRES 449 Draft 01 1976-1980County of Hawaii—State of Hawaii
Resolution NO;-L449
WHEREAS, at a meeting held on December 20, 1972, the
Hawaii County Council accepted a gift from C. Wendell Carlsmith
and Edith Mattson Carlsmith of an undivided .72359 interest in
and to a certain parcel of land located on the Island of
Hawaii and more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference; and
WHEREAS, the gift was intended as a contribution for
a new police library to be named for or dedicated to the
memory of Carl S. Carlsmith who was a judge and lawyer in
the County of Hawaii for nearly fifty years before his
retirement -in 1947; and
WHEREAS, an offer has been made to purchase the real
property described in Exhibit "A" attached hereto for
$1,700,000.00, and the owners of the remaining undivided
interest in the aforesaid.property are interested in the
$1,700,000.00 and want to negotiate with the prospective buyer
through their attorney-in-fact, and if agreement on a price
can be reached, then sell the aforesaid property; and
WHEREAS, the Hawaii County Council.finds that the sale
of the aforesaid property is in the best interest of the
County and time constraints on the offer make it difficult
to comply with the requirements of Chapter 2, Article 9, of
the Hawaii County Code concerning the disposition of property,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII that the Finance Director for the County of
Hawaii is hereby authorized and directed to execute a Special
Power of Attorney making, constituting and appointing Punahou
School and Iolani School as the true and lawful attorneys -in -fact
for the County of Hawaii with.powers and upon the terms and
conditions hereinafter set forth:
I. Powers of Attorneys.
1.1 The attorneys are hereby authorized and empowered
to offer for sale, to enter into negotiations to sell, and
to sell, all right, title and interest which the principal
now has or may later acquire in and to that certain
real property described in Exhibit "A" attached hereto and made
a part hereof by reference, in one or more separate transactions,
and upon such terms and conditions (including without limitation
a sale or sales on credit with the real property as sole
security) and at such price or prices as the attorneys may in their
sole and absolute discretion determine. In furtherance thereof
said attorneys are authorized and empowered.to enter into real
estate broker contracts or options (which shall not extend
beyond December 31, 1982 ), agreements of sale, or any other
transactions in connection with such sale as the attorneys may
in their sole and absolute discretion determine; and the
attorneys are further authorized and empowered to enter into
and execute all deeds (including warranty deeds containing
the customary common law warranties) any governmental
applications such as petitions for rezoning, subdivision or
any required governmental actions or approvals, and other
documents of every kind.and description which they shall in
their sole and absolute discretion deem ,necessary or
beneficial in connection with such.sale, to complete such
sale. It is understood.that any such.sale shall be made
as a part of a sale of theright, title and interest of the
other undivided fractional interests in.and.to the property
sold for which attorneys hold a like special power of attorney.
1.2 In connection with the foregoing., the attorneys
are hereby authorized and empowered to collect any monies
which may be due and owing.to the principal.under the terms
and conditions.of such.agreement or transaction, to deduct
therefrom such amounts as may be needed to cover expenses
incurred in the sale of the property of the principal, and
to cover.any further reasonably anticipated expenses in
connection therewith, and to remit the net balance to the
principal.
1.3 The attorneys are hereby further authorized and
empowered.to-incur such expenses (including without limitation
any real estate brokerage commissions, title insurance, lawyers'
fees or appraisal expense) on behalf of the principal as the
attorneys may in their sole and absolute discretion deem
necessary or beneficial in execution of the powers and authority
granted.above, said expenses to be reimbursed to the attorneys
from, the proceeds of any transaction entered into;, or from
the principal, in the discretion of the attorneys; provided,
however,,that no commission or fee.shall be chargeable by the
attorneys for their own account for concluding any sale or for
any indirect employee or administrative expense of theirs,
in connection with this power of attorney.
IL. Power Is.Irrevocable..and.Exclusive.
2.1 The principal does recognize and agree that the
power granted herein.is.irrevocable for the.reason that it is
coupled with an interest in the attorneys as owners of undivided
interests.in.the same property and for the further reason that
the power is given in consideration of powers being given
by the other holders of other undivided interests in the property,
to facilitate disposition of the property.
2.2 The powers granted herein are.exclusive, and the
principal reserves for itself no right to sell, option, lease
or otherwise convey, or encumber or to agree to sell, option,
lease or otherwise convey or encumber such property during
the.term of this power of. attorney.
III. Exercise.
3.1 The attorneys are authorized to act only upon their
joint concurrence in any action to be taken; and no action
taken by either without the other shall have any force or
effect whatsoever.
IV. Equality of Undivided Fractional Interests.
4.1 It is understood that the attorneys may, in the
exercise of their powers hereunder, sell part.or all of the
449
RESOLUTION NO -
parcel of real property described in Exhibit "A" in one or more
transactions as they may in their sole and absolute discretion
deem necessary or beneficial; provided, however, the attorneys
shall dispose of all of the undivided interests for which they
act as attorneys -in -fact in any part or the whole of the parcel
of real property described in Exhibit "A," as part of the same
transaction, and the net proceeds of all such dispositions
shall be divided among the disposing owners in proportion to
their undivided fractional interests in said property.
V. Liability of Attorneys.
5.1 The principal does hereby agree to indemnify and
save harmless the attorneys from any and all liabilities which
may accrue to them by reason of any act of the principal in
breach of the terms of this power, and does hereby agree that
no action or failure to act of the attorneys in carrying out the
powers herein shall be alleged by the principal as the basis for
any claim against said attorneys, unless such act or failure to
act shall have been undertaken in bad faith by said attorneys.
VI. Term.
6.1 This power shall be in effect from the date of its
execution until December 31, 1982 or until sooner revoked
by the mutual consent of the attorneys and the principal.
VII. Warranties of Power and Authority.
7.1 The principal and undersigned.do hereby warrant and
represent to the attorneys that the principal is a municipal
corporation duly organized and in good standing under the laws
of the State set forth above; that the principal has the power
under its charter and under law to enter into this power of
attorney and.that its governing body has properly authorized the
execution.of this power of attorney and that the undersigned
signator(s) is (are) duly authorized to enter into this power
on behalf of the principal.
VIII. Successors and Assigns.
8.1 This power of attorney shall inure to the benefit of
and be binding upon the successors and assigns of the principal
hereof.
Dated: Hilo, Hawaii, June 20th , 1979.
INTRODUCED BY:
COUNCIL MEMBER, RCly NTY 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.
June 20r 1979
......... .....................
ATTEST:
�Z g- •.�
A.B. LEW SPI TEPHEH K. Y ASHIRO
COUNTY CLERK Chairman & Pre 'ding Officer
ROLL CALL VOTE
AYES NOES A/E
Dahlberg
x
Domingo
x
Fujii
x
Garcia '
x
Kawahara
x
Lai
x
Sameshima
x
Tajiri
x
do
Chr. Yamashira
x
9 0
Reference: ...............
M.B. No. .......... ........._.........
RESOLUTION NO. ..:.:................
_.._......._._..........
_..._......... _._.___.....
;449
_.... ......___..
EXHIBIT A
X
Those two parcels of property described herein
as Parcels 3 and 5, and described more particularly as
f ol.lows :
First, Parcel 3
Land Situated Approximately 1,300 feet
West of Kuakini Highway and East of Alii. Drive
(Formerly Kailua-Keauhou Beach Road)
At Holualoa 4th, North Fiona, Hawaii
Being a Portion of R. P. 8289,
L. C. Aw. 7228 to Loe and a Portion of
P P A q T c . w 96
•. -57-<, L. �• r.w. 7/JU:G to R@aUlII11
Beginning at the southwest corner of this parcel
of- land, on the east side of Alii Drive (formerly Kailua-
Keauhou Beach Road), the coordinates of said point of
beginning referred to Government Survey Triangulation
Station "NORTH MERIDIAN" being 15,309.90 feet South and
6,798.99 feet East and running by azimuths measured
clockwise from True South:
1. 1700 57' 137.15 feet along Alii Drive;
2. Thence along Alii Drive, along a curve to the right
with a radius of 1,407.70
feet, the chord azimuth
and distance being:
178° 39' 02" 377.25 feet;
3. 2670 11' 30" 71.39 feet along R. P. 4274, L. C.
Aw. 10531:2 to Nahula;
thence along the remainder of
R. P. 8269, L. C. Aw. 7228 to
Loc for time f.o17.o,:ing nine (9)
COUJISC:S :
4.
2640
29'
220.90
feet;
5.
1660
58'
2.35.50
feet;
G.
1860
32'
17"
417.14
feet;
7.
2600
00'
2.14.43
feet;
00
102..42
feet.;
9.
2560
00'
217.59
feet.;
10.
10
.:.2'
30"
483.96
f:eet.;
11.
259°
CO'
818.72
foci.;
12.
1810
:i2'
30"
549.95
feet. to the southerly stonewall
boundary of Grant 1856 to
Rav"aihoa;
thence along the southerly
stonewall boundary of .Grant
1855 to .Kawaihoa for the
following tWo (2) courses:
13.
2590
11'
30"
136.72
fee;:;
14.
2570
11'
142.32
feetto the "Great Ilall of
thence along the southerly
stonewall boundary of Grant
159:. to Fioolawail,onua for
the following nine (9)
courses:
15.
2570
23'
30"
62.26
feet;.
16.
2690
49'
75.08
feet;
17.
2G0°
19'
30"
88.31
feet.;
18.
2490
091
49.45
feet;
19.
2690
25'
51.66
feet;
20.
2.540
53'
130.36
feet;
21.
2490
54'
44.87
feet;
2.2.
2540
53'
30"
.130.41
feet;
23.
2600
41'
286.77
feet; thence ,
24. 3450 00' 32"
25.
700
18'
26.
760
18'
30"
27.
960
22'
30"
28.
950
16'
30"
29.
780
11!
30"
30.
730
18'
31,
900-
38'
32.
1010
52'
33,
930
22'
30"
34.
890
13'
35.
820
53'
30"
36.
810
57'
37.
90°
53'
38.
92"
39'
39.
115°
04'
30"
40.
840
51'
.30"
41.
750
41'
42.
75°
07'
43.
880
25'
30"
44.
750
28'
30"
45.
780
17'
30"
46.
80°
39'
47.
820
28'
1,383.54 feet along the remainder of
12. P. 8289, L. C. Aw. 7228.
to toe;
thcrr•.cc along the northerly
stonewall boundary of: L. C.
Aw. 9971, _ riparia 28 to W. P.
Lelciohol:u for the following
thirty-five (35) courses:
52..03 feel.;
45.63 feet;
41.98 fee:;
48..30 feet
139.10 feet;
36.89 fee -c;
27.13 fc(t;
48.98 feet;
66.20 feet;
99.94 feet;
112.04 feet;
79.67 feet;
60.66 feet;
63.59 feet;
13.76 feet;
111.27 feet:;
42.29 feet;
85.94 feet;
46.58 feet;
61.47 feet; .
114.86 feet;
81.76 feet;
.128.57 feet;
3.
48.
820
15'
30"
180.70
f(ct;
49.
810
57'
30"
189.90
feet;
50.
810
28'
157.97
feet;
51.
760
34'
156.82
feet;
52..
710
51
30"
162.3.6
feet-;
53.
71`
01'
30"
64.52
feet;
54.
740
38
30"
127.07
facet;
55.
780
2G'
30"
41.22
feet;
5G.
790
08'
30"
68.12
feet;
57.
670
.50'
30"
38.29.foot;
58.
73.0
48'
77.38
feet;
59.
76"
38'
30"
185.01
feta: to the point
of beginning_
and containing an
area of
66.90 Acres, more
or less.
NOTE:
Perimeter
survey by
Yoshio
Inaba and showm on
plan
dated
March,
1958.
Said plan
was revised on
July 4,
1959
and March
13,
3.959 to
sl,�)w suhciiv.i.ded
71
Second. Parcel 5
Being a portion of the following lands:
V.1. .R. P. 4475, L. C. Aw. 7713, Aparna 43 to
Kamamalu;
2. R. P. 8217, L. C. Aw. 3660 to John P. Munn;
V. Rarnamalu 3. )Z. P. 4475, L. C. Aw. 7713, Apana 43 to
Situated at I3o.lualoa 3. and 2
North Kona, Hawaii
Beginning at the norihea�-,t corner of this par_ceI
Of land and on the' sout}niest side of Kuai:ini Hi,hway, the
coordinates of said pointof IDec, i ni.ng refcr.r:ed to Government.
Survey Triangulation Station "KiPHELO" being 1535.3.4 feet
South and 5178.49 feet last anti running by azimuths measured
C3.oc3;o:i sc from .True Sou'�h:
1.
rollov;,,ing
along the
soutl]wcst side of Kuakini Ili.ghway
along a curve to the right
with a radius of 4573.66
feet, the chord azimuth
and distance being: 3100
44', 06.5" 629.39 feet;
2.
670
28'
509.71.
feet along the remai.nder of
a portion of R. P. 4475, L.
C. Aw. 7713, Apana 43 to V.
Kar,]amalu;
3.
290
00'
393.00
feet along same;
4.
740
50'
158.00
feet along same;
5.
220
53'
574.00
feet along same;
6.
560
25'
69.75
feet along same to the middle
of Kuakini Great i•Ia11; the -nee
along the, middle of I:uFI:in
Great wall, for the next ten
(10) courses, the direct
azimuths and distances betveeen
points being:
7.
1580
02'
42"
81.80
feet;
8.
1580
07'
10.07
feet;
9.
1.460
54'
12.0.92
,`_eat;
10.
1530.
22'
30"
206.45
feet;
11.
1480
40'
2.7.81
feet;
12.
1390
20'
30"
105.86
feet;
13.
1480
43'
30"
103.51
feet;
14.
1440
37'
190.10
feet;'
15.
`141°
42'
85.82
feet;
16.
1540
23'
43.11
feet; thence
17.
2.370
00'
30"
1.,347.47
feet along the remainder
of a portion of R. P. 4475,
L. C. Ata. 7713, Apana 43 to
V. Kamamalu to the point of
beginning and containing an
area of 22.266 Acres.
EXCI:L'TING AND )ZESERViNG a waterline, easement
across this land running_ from Kuakini I:li cliv., cty to i:hc
Kuakini Grcat lQall.,
J,
F21
0
,S)
�l
n
j\5
rJ
0
,S)
�l
n
.1,
f, o,
I
17's q,
j
ski t�
Ll
I
17's q,
j
Ll
I
17's q,
j
I
17's q,
Ins
I
17's q,