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Home My WebLink AboutRES 307 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 30'7 00 RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT WITHIN KAWAILANI GROVE, UNTI' II, FROM WILLIAM V. BRILHANTE, TAX MAP KEY (3)2-4-079:036 (PORTION) FORMERLY TAX MAP KEY (3)2-4-079:033 (PORTION), TO THE COUNTY OF HAWAII. WHEREAS, WILLIAM V. BRILHANTE is the developer of Kawailani Grove, Unit II, and the owner of that certain roadway lot located in South Hilo, Hawaii, specifically identified as Tax Map Key (3)2-4-079:036 (portion), formerly Tax Map Key (3)2-4-079:033 (portion), more particularly described in the attached dedication deed (Exhibit A) and delineated on the dedication map (Exhibit B) attached hereto; and WHEREAS, William V. Brilhante, the developer, has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, William V. Brilhante has received approval from the County of Hawai`i's Department of Public Works, Department of Water Supply and the Planning Department for the improvements made to the subject property, and is desirous of dedicating the subject parcel, including all improvements thereon, to the County of Hawaii for road and drainage purposes; and WHEREAS, the subject road and drainage improvements have been completed according to County of Hawaii standards, are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and WHEREAS, Section 23-10 of the Hawaii County Code requires that the acceptance of such road and drainage improvements be in full compliance with the provisions of Chapter 23 of the Hawaii County Code; 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 and Section 23-10 of the Hawaii County Code, that the County of Hawaii accepts the real property described in the attached dedication deed and more specifically identified as Tax Map Key (3)2-4-079:036 (portion), formerly Tax Map Key (3)2-4-079:033 (portion), including all improvements thereon, for public road and drainage purposes. DATED: Hilo, Hawaii, Se~ternber 7. 2000 INTRODUCED BY: ~-J~~- . COUNCIL ME TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOEE X the County of Hawaii on September 7, 2000 JACOBSON X LEITHEAD-TODD X ATTEST: rlstccxto g SMITH g TYLER X YAGONG X ~ 7 0 2 0 Reference (.-881/PW&PC ~ 1.-,-l ~-z- ~ ~ 0'7 0 0 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY: MAIL O PICK UP ( ) TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: WILLIAM V. BRILHANTE, unmarried, whose address is 1342 Kilauea Avenue, Hilo, Hawaii 96720 GRANTEE: COUNTY OF HAWAII, whose address is 25 Aupuni Street, Hilo, Hawaii 96720 PROPERTY DESCRII'TION: LIBER/PAGE: DOCUMENT NO.: TRANSFER CERTIFICATE OF TITLE NO(S).: AFFECTS TMK; (3) 2-4-79-36 (por.) FKA (3) 2-4-079-33 (por.) EXHIBIT A DEDICATION DEED THIS DEED, made this day of , by WILLIAM V. BRILHANTE, unmarried, whose address is 1342 Kilauea Avenue, Hilo, Hawaii 96720, hereinafter called the "Grantor", and the COUNTY OF HAWAII, a municipal corporation, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantee", WITNESSETH: That in consideration ofthe sum of ONE DOLLAR ($1.00) and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby grant, dedicate and convey unto the Grantee, its successors and assigns, forever, that certain Road Lot as shown in Exhibit A attached hereto and made a part hereof. TOGETHERwith the reversions, remainders, rents, issues and profits thereof, and all rights, easements, privileges and appurtenances thereunto belonging or appertaining, and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto. TO HAVE AND TO HOLD the same, unto the Grantee, for roadway purposes, forever. AND, in consideration ofthe premises, the Grantor does hereby covenant with the Grantee that the Grantor is seised of the property herein described in fee simple; that said property is free and clear of and from all liens and encumbrances, except as may herein specifically be set forth; that the Grantor has good right to sell and convey said property, as -2- aforesaid; and that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. The rights and obligations of the Grantor and the Grantee shall be binding upon and inure to the benefit of their respective estates, heirs, personal representatives, successors, successors in trust and assigns. All obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention shall be clearly expressed elsewhere herein. The conveyance herein set forth and the warranties ofthe Grantor concerning the same are expressly declared to be in favor of the Grantee, its successors and assigns. 1N WITNESS WHEREOF, the Grantor has executed these presents on the day and year first above written. WILLIAM V. BRILHANTE GRANTOR APPROVED AS TO FORM: De Corporation Counsel, County of Hawaii Date: JUL 2 6 2000 -3- STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of MAR. 2 0 2000 ,before me personally appeared WILLIAM V. BRILHANTE, unmazried, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary P ~c State of Hawaii Kariy L. ~iamwr;oto My commission expires OC7. 1 O 2000 -4- 5 672 SOUARE FEET ROAD LOT IN KAWAILANI GROVE - UNIT II Subdivision of Lot 13 Lot 622, Grant 8654, Part 2 to W. B. Stoddard WAIAKEA HOMESTEADS, SECOND SERIES Waiakea, South Hilo, Hawaii, Hawaii Beginning at a point at the northeast corner of this parcel of land being also the southwest corner of Lot 11, Kawailani Place, Unit I and on the westerly end of Hialoa Street the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 11,443.43 feet South and 1,583.75 feet west and running by azimuths measured clockwise from true South: 1. 355° 40' 50.00 feet along the westerl}% end of Hialoa Street; thence, along Lot 10, along a curve to the left having a radius of 20.00 feet, the chord azimuth and distance being: 2. 40° 40' 28.28 feet; 3. 85° 40' 50.00 feet along Lot 9; 4. 175° 40' 90.00 feet along Lot 8 and portion of Lot 7; 5. 265° 40' 50.00 feet along Lot 7, 20-Foot P.oad, and Lot 6; thence, along Lot 6 along a curve to the left having a radius of 20.00 feet, the chord azimuth and distance being: 6. 310° 40' 28.28 feet to the point of begin- ing and containing an area of 5,672 Square Feet. J~ N M~~ MURRAY, SMITH & ASSOCIATES, LTD. 4 P.E GISTERFD ~ Q' LAND e ~ X SURVEyDR IM~t.G NV. LJ-7589 Paul H. Murray \ Q~' Registered Surveyor ~4~r MSA 4054 E>Q-7rg7T "A" Hilo, Hawaii January 24, 2000 ?1It~vr<a~,/, ~~r~itli cG de°a.ea~:awa.sd-, ~L. REGISTERED SURVEYORS ~ ,°,.m n~c °r~c la n 0.~ 9YS_9776 nY d U {.l/ Q try x. ~ II 2 0 ~I1 uJ j ~ ) 1 IJ ~ ~ 0~~~-- 8 Q ~4 ~ N 1 ALO A 4J~~ STR~~T--- 2~'~~ ~ !o ~ ~ ~ ~ 4 ~ ~ Zo 4 ~ ~ YJG'~ICATIOU IA CATIO~J MA`s K.~LJA1l.A~1 GIQ.OVC-. - LaN~T IL TO P~E.YIt;YJlGa7~t~: t1 1 ALGA i Lfi~~i .~.Uty 011;(1) 5~t~`( W~u ~ sQ. ~T. teo A.t~ toTa TY1°E Ot' t¢~1~ : So Ftr%T }e• p.-1~ W/ 2a - ~t:.tT A. C. T°All EMEtJT 'h'~~~b ~HouLt~~aes lW4~ ~L41A'L~S. L7=,1JG`tl-1 OP Z¢,oAb: `2o-BEET Co.ot3MtLE.) ~JuM'B>?te of LOTS : ZE.U ~ I o) LOTS Av~l~t• 2.oT Stzt? Vp.4z.~~s (,lo-Go,ool sc~. ~T.~ TAX MA'F' 1<!=.`(: 3~~ "l°~ = 3G ~'iDat') EXHIBIT B 5~~.~-T ~ 1