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Home My WebLink AboutRES 257 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 25'7 00 RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY EASEMENT LOT ADJACENT TO AHULI PARK SUBDIVISION, WAIMEA, SOUTH KOHALA, HAWAII, TAX MAP KEY NO. (3)6-6-03: PORTION 007 (AKA TMK:(3)6-6-08: ROAD), FROM THE STATE OF HAWAII TO THE COUNTY OF HAWAII. WHEREAS, the State of Hawaii is the owner of that certain roadway easement lot adjacent to the Ahuli Pazk Subdivision, located in Waimea, South Kohala, Hawaii, specifically identified as Tax Map Key (3)6-6-03: Portion 007 (aka TMK:(3)6-6-08: Road), being more particularly described in Land Patent Grant No. S-15,903, attached hereto as Exhibit A; and WHEREAS, it is in the best interest of the Waimea community to accept the dedication of the 30-foot road reserve; and WHEREAS, the County of Hawaii had requested that the State of Hawaii grant ownership of this parcel to the County to help enhance Ahuli Park with a nature park and education center; and WHEREAS, although the existing road does not conform to the current dedicable standards, the primary purpose of the road is to service the pazk and the pazk project planned by the Waimea Outdoor Circle will be a public benefit enjoyed by the entire community; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council may accept gifts which include the dedication 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, that the County of Hawaii accepts Land Patent Grant No. 5-15,903 for real property identified as Tax Map Key:(3)6-6-03: Portion 007 (aka TMK:(3)6-6-08: Road). DATED: Hilo, Hawaii, June 21, 2000 INTRODUCED BY: dew.-- COUNCII. MEMBE , C Y HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, HaWal`i AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUNG vote indicated to the right hereof adopted by the COUNCIL of ELARIONGFF the County of Hawaii on June 21, 2000 IACOBSON g LEITHEAD-TODD ATTEST: PISICCHIO g SMITH TYLER X YAGONG g Reference C-779/PWixPC -$0 25'7 00 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. LAND COURT SYSTEM 1 REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Tax Map Key No. (3) 6-6-08:Road PATENTOR: STATE OF HAWAII PATENTEE: COUNTY OF HAWAII, a political subdivision of the State of Hawaii 25 Aupuni Street, Hilo, Hawaii 96720 LAND PATENT GRANT NO. 5-15,903 BY THIS PATENT the State of Hawaii, in conformity with the laws of the State of Hawaii relating to public lands, effective Sente~ e~ S~ 1997 pursuant to the approval by the Board of Land and Natural Resources on February 28, 1997, and acting pursuant to Section 171-95(a)(1), Hawaii Revised Statutes, makes known to all men that it does this day grant and confirm unto the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as the "Patentee," for good and valuable the consideration, the receipt whereof is hereby acknowledged, all of the land situate at Waimea, South Kohala, Island of Hawaii, Hawaii, being designated "Portion of the Government (Crown) Land of Waimea," situate at Waimea, South Kohala, Island of Hawaii, Hawaii, containing an area of 0.383 acre, more particularly described in Exhibit "A" and delineated on Exhibit "B," both of which are attached hereto and made parts hereof, said exhibits being respectively, a EXHIBIT "A" DEPARTMCNT Of LANp ANO NATURF.L RESOURCES DIVISION Of LANG MANAGEMENT B. BO% 611 •OnO IY IY. w.W1~ 96809 survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.F. No. 22,587 and dated March 24, 1997. RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: (i) All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of these minerals by any means whatsoever, including strip mining. "Minerals," as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock, or other material suitable for use and used in general construction in furtherance of the Patentee's permitted activities on the land and not for sale to others. (2) All surface and ground waters appurtenant to the land and the right on .its own behalf or through persons authorized by it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. (3) All prehistoric and historic remains found in, on, or under the land. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Patentee for any of Patentee's improvements taken. AND THE PATENTEE, for itself, its successors and assigns, covenants with the State of Hawaii, and its successors as follows: A) The use and enjoyment of the land herein granted shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. -2- B) The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned by the Patentee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. C) Should the roadway herein granted be vacated, closed, abandoned, or discontinued, disposal of same shall be in accordance with the provisions of Section 264-3, Hawaii Revised Statutes. TO HAVE AND TO HOLD said granted land unto the said COUNTY OF HAWAII, its successors and assigns forever, subject, however, to the reservations, conditions and covenants herein set forth. IN WITNESS WHEREOF, the State of Hawaii, by its Board of Land and Natural Resources, has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and this Patent to be duly executed this 12'~ day of STATE OF HAWAII Approved by the Board of Land and Natural Resources at its ~ meeting held on By February 28, 1997. Chair on nd Member Board f Land and RECOMMEN APPROVAL: Natural Resources PATENTOR N 0 , Chief Engineer APPROVED AS TO FORM AND LEGALITY: COUNTY OF HAWAII c~~un; Date: AU6 ' 8 1997 I. Zts Ma r APPROVED AS TO FO PATENTEE Deput Attorney General Dated: ~S f 17 2618(12) -3- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this lam day of ~ u,s4- , 19 before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he 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 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended, and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. _ y . ~4~; Not ry Public, State of awaii My commission expires: !6 ,2no ~.S . -4- i ',O! STATE\`OF HAWAII SURVEY DIVISION OEPr. OF AGOOUNTING AND GENERAL SERVICES c.~.r. No 22,$$7 HONOLULU March 24, 1997 PORTION OF THE GOVERNMENT (CROWN) LAND OF WAIMEA Waimea, South Kohala, Island of Hawaii, Hawaii Beginning at the southeast comer of this parcel of land, at the south corner of Grant 8571 to Mrs. Jennie C. Lovstad and on the northwest side of Mamalahoa Highway, the coordinates of said point of beginning referred [o Government Survey Triangulation Station "WEST BASE" being 3036.23 feet South and 3015.17 feet West, thence running by azimuths measured clockwise from True South:- 1. 53° 15' 30" 31.62 feet along the northwest side of Mamalahoa Highway; 2. 129° 40' 539.89 fee[ along Royal Patent 67, Land Commission Award 4885 to William French; 3. 221° 32' 30.76 feet along the remainder of the Government (Crown) Land of Waimea; 4. 309° 40' 546.32 feet along Grant 8571 to Mrs. Jennie C. Lovstad to the point of beginning and containing an AREA OF 0.383 ACRE. SUBJECT, HOWEVER, to a Perpetual Non-Exclusive Electrical and Telephone Transmission Line Easement over and across the above-described Portion of the Government (Crown) Land of Waimea, more particularly described as follows: Beginning at the southeast corner of this easement, being the initial point of the above-described Portion of the Government (Crown) Land of Waimea, thence running by azimuths measured clockwise from True South:- 1. 53° IS' 30" 31.62 (eet along the northwest side of Mamalahoa Highway; -I- EkHIBJT "A" y 22,587 March 24, 1997 C.S.F. N°. 2. 129° 40' 539.89 feet along Royal Patent 67, Land Commission Award 4885 to William French; 3. 221° 32' 30.76 feet along the remainder of the Government (Crown) Land of Waimea; 4. 309° 40' 546.32 feet along Grant 8571 to Mrs. Jennie C. Lovstad to the point of beginning and containing an AREA OF 0.383 ACRE. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII By: seph M. Matsuno Land Surveyor gm Compiled from CSF 2014b and other Govt. Survey Records. TMK: 6-6-03:Pbr. 7 -2- R 8 ~ Governmen (Crown) Land D (G5F 22,566) , a C ~ 22!°32' 30.76 bitch J~\ 0J ~r W ~ ~U ~ ~o W 4 m' ~~'~W aF cJlp~. y ~ W w RUC? > J 4_ m 2 N '~''9hf-o~°~ bitch np- s \J e p ~ ~l r i ~ C'aryr 3x'aY a ~ 1~,~`~ X3`0 -s,~ ti Q w ~ o ~ yea O -i- L J GP 3r 0.98H AC1F~ s G' o 0 s ~ c , ` ~ ~ Je~,je Cs S ~ a o~ ~~y. s ~ R T cr,t Mr, koha ti 9 ~ Gran ~~,e:tln q c M~C~yC,9 3036.23 S 53°J5 30' 3015.17 W 91.62 'WEST gASE'~ y~c Lof f3 ° ya V,9 Granf 5183 fo Annre T. K. 1°arker °fr,~ ti p014TlON OP THE GOVERNMENT (Cl?OWN) LANC7 OF WAIMEA Wain,em , South Kohala, JeJand of Hawaii, Nawoii Sca/E: 7inch = JOO f"e~x~ F` REDUCED NOT TO SCALE Boa N•G3(97) EXHIBfT "B' c. eK rAxMAr6-6-o3:por.7 SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES