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HomeMy WebLinkAboutRES 321 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 3Z~ (Draft 2) RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS WITHIN KALOKO BUSINESS PARK, PHASE II, FROM TSA INTERNATIONAL, LIMITED, TAX MAP KEYS (3)7-3-051:098 AND (3)7-3-051:062, TO THE COUNTY OF HAWAII. WHEREAS, TSA International, Limited ("TSA") is the developer of Kaloko Business Park, Phase II, and the owner of those certain roadway lots located in North Kona, Hawaii, specifically identified as Tax Map Keys (3)7-3-051:098 and (3)7-3-051:062, more particularly described in the attached dedication deed (Exhibit A) and delineated on the dedication snap (Exhibit B) attached hereto; and WHEREAS, TSA, the developer, has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, TSA is desirous of dedicating the subject parcels, including all subdivision improvements thereon, to the County of Hawaii for road and drainage purposes, and the improvements have been inspected and approved by the County of Hawai`i's Department of Public Works, Department of Water Supply and the Planning Department; 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 prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966, except upon full compliance with the provisions of Chapter 23; 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 COUfVTY' OF HAWAII that it finds the subject subdivision and improvements thereon are in full compliance with the provisions of Chapter 23 of the Hawaii County Code as certified and approved by all applicable agencies; and 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 Keys (3)7-3-051:098 and (3)7-3-051:062, including all improvements thereon, for public road and drainage purposes. DATED: Hilo, Hawaii, October 4, 2000 INTRODUCED BY: 1' ` COUNC EMBER, CO 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 ELARIONOFF X the County of Hawaii on October 4, 2000 1ACOBSON X LEITHEAD-TODD X ATTEST: PISICCHIO X SMITH X TYLER YAGONG X 9 0 0 0 "W Reference C-917.002/P-PW&PC-118 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION Ntr~'~1 (Draft 2 ) LAND COURT REGULAR SYSTEM ArTER RECORDATION, RETURN BY MAIL [ ] PICK-UP [ ] County of Hawaii Office of the Corporation Counsel Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Total No. of Pages: Hilo Hawaii 96720 TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: TSA INTERNATIONAL, LIMITED, a Hawaii corporation 1441 Kapiolani Boulevard, Suite 1905 Honolulu, Hawaii 96814 GRANTEE: COUNTY OF HAWAII, a municipal corporation 25 Aupuni Street Hilo, Hawaii 96720 PROPERTY DESCRIPTION: LIBER PAGE DOCUMENT NO.: Roadway Lots B-37, B-38, C-39,: C-40, C-41, C-42 and the LAND COURT DOCUMENT NO.: N/P. Kamanu Street Extension Kaloko Business Park TRANSFER CERTIFICATE OF County of Hawaii TITLE NO(S).: N/A State of Hawaii TAX MAP KEY: (3)7-3-051-098 (ROADWAY); 7-3-051-062 (ROADWAY) dedication EXHIBIT "A" DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: THIS DEDICATION DEED is made as of the day of 2000, by TSA INTERNATIONAL, LIMITED, a Hawaii corporation, whose post office address is 1441 Kapiolani Boulevard, Suite 1905, Honolulu, Hawaii 96819 (hereinafter c<slled the "Grantor"), and the COUNTY OF HAWAII, a municipal corporation, whose post office address is 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter called the "Grantee"). W I T N E S S E T H: That in consideration of the 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, all of that certain real property designated as Roadway Lots B-37, B-38, C-39, C-90, C-41, C-92, and the Kamanu Street Extension of the Kaloko Business Park, situate at Kaloko, District of North Kona, Island, County and State of Hawaii, as more particularly described in Exhibit "A" attached hereto and by this reference 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. tle di cation - 2 TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith, unto the Grantee for public street purposes, forever. AND, in consideration of the premises, the Grantor does hereby covenant with the Grantee that the Grantor is seized of the property herein described in fee simple; that said property is free and clear of and from all liens and encumbrances, except fo:r the lien of real property taxes not yet by law required to be paid, and except as may be set forth in said Exhibit "A"; that the Grantor has good right to sell and convey said property, as aforesaid; and that the Grantor will WARRANT AND DEFEND the same unto Grantee against all lawful claims and demands of all persons, excerpt as aforesaid. The rights and obligations of the Grantor and/or the Grantee shall be binding upon and inure to the benefit of the Grantor and/or the Grantee and their respective successors and assigns. oeaoeea.ooi -3- IN WITNESS WHEREOF, the Grantor has executed these presents as of the day and year first above written. Grantor: TSA INTERNATIONAL, LIMITED, a Hawaii Corporation By G - Name: Hid i Hayashi Its: Vi e President APPROVED AS TO FORM: Corporation Counsel De dDeed.001 -Q - STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this ~ day of /Yl~~ 2000, before me appeared HIDEKI HAYASHI, to me personally known, who, being by me duly sworn or affirmed, did say that he/she executed the foregoing instrument as his/her free act and deed, and if applicable, in the capacity shown, having been duly authorized to execute such instrument in such capacity. P~-l~-~.~.c...-~. otary Public, in an for said County and State . Print Name: ~tniNe C~A~i0.~~__ My commission expires: 00,3 dea.~ac,o~ _5- EXHIBIT "A" -PARCEL FIRST:- That certain parcel of land situated about 350 feet South of Hina Lani Street and is the extension of Olowalu Street and adjoining the existing Kaloko Light Industrial Subdivision at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot B-37 of the Kaloko Business Park, a portion of Lot B, and a portion of Ftoyal Patent 8219, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southwest corner of this Roadway parcel of land, being on the South side of Olowalu Street and the North side of Existing Lot 22, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,395.76 feet South and 22,709.70 feet West and running by azimuth measured clockwise from True South: 1. 159° 19' 60.00 feet crossing the end of the existing Olowalu Street to a point; Thence, along Lots B-6, B-5, B- 4 and B-3 along a curve to the right having a radius; of 3,030.00 feet, the chord azimuth and distance being; 2. 259° OS' 42.5" 509.80 feet to a point; 3. 258° 52' 24" 320.93 feet along Lot B-3, B-2 and B-1 to a point; Thence, along Lot B-1, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being, Exhibit "A" Page 1 of 10 dedication - 6 4. 213° 52' 29" 92.43 feet to a point; 5. 398° 52' 24" 120.00 feet along the West side of Kamanu Street (Lot C-44) to a point; Thence, along Lot B-12, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 6. 123° 52' 29" 42.93 feet to a point; 7. 78° 52' 29" 320.93 feet along Lots B-12 and B-11 to a point, Thence, along Lots B-9, B-8 and B-7, along a curve to the left having a radius of 2,°70.00 feet, the chord azimuth and distance being; 8. 79° OS' 42.5 999.81 feet to the point of beginning and containing an area of _`i1,465 square feet. -PARCEL SECOND:- That certain parcel of land situated about 1100 feet South of Hina Lani Street and is the extension of Kauhola Street and adjoining the existing Kaloko Light Industrial Subdivision at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot B-38 of the Kaloko Business Park, a portion of Lot B, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southwest corner of this Roadway parcel of land, being the Northwest corner of Lot B-20, the Northeast Exhibit "A" Page 2 of 10 -7- tletlication corner of Lot 31 on the South side of Kauhola Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 18,115.96 feet South and 22,558.59 feet West and running by azimuths measured clockwise from True South: 1. 165° O1' 36" 60.00 feet crossing the end of the existing Kauhola Street to a point; Thence, along Lots B-19, B-18 and B-17 along a curve to the right having a radius of 9,030.00 feet, this chord azimuth and distance being; 2. 256° 36' 00.5" 319.50 feet to a point; 3. 258° 52' 29" 989.92 feet along Lots B-17, B-16, B-].5 and B-19 to a point; Thence, along Lot B-14, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 4. 213° 52' 24" 92.93 feet to a point; 5. 398° 52' 24" 120.00 feet along the West side of K,smanu Street (Lot C-94) to a point; Thence, along Lot B-25, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 6. 123° 52' 29" 42.93 feet to a point; 7. 78° 52' 29" 489.92 feet along Lots B-25, B-29, B-23 and B-21 to a point; Exhibit "A" Page 3 of 10 -B- Thence, along Lots B-21 and B-20, along a curve to the left having a radius of 3,970.00 feet, the chord azimuth and distance being, 8. 76° 35' 44.5" 315.47 feet to the point or beginning and containing an area of 50,605 square feet. -PARCEL THIRD:- That certain parcel of land situated about 350 feet South ' of Hina Lani Street on the East side of Kamanu Street (Road Lot C- 44) and also on the extension of Olowalu Street at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C-39 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southeast corner of this Roadway parcel of land, being the Northeast corner of Lot C-31, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,155.25 feet South and 21,700.44 feet West and running by azimuth measured clockwise from True South: 1. 78° 52' 24" 102.68 feet along Lot C-31 to a point; Thence, along Lot C-31, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 2. 33° 52' 24" 42.43 feet to a point; 3. 168° 52' 24" 90.00 feet along the East side of Kamanu Street to a point, Exhibit "A" Page 4 of 10 dedication - 9 4. 258° 52' 24" 132.68 feet along Lot F to a point; S. 348° 52' 24" 60.00 feet along Lot F to the point of beginning and containing an area of 8,154 square feet. -PARCEL FOURTH:- That certain parcel of land situated about 1100 feet South of Hina Lani Street on the East side of Kamanu Street (Road Lot C-44) and also on the extension of Kauhola Street at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C-40 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southeast corner of this Roadway parcel of land, being the Northeast corner of Lot C-33, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,904.91 feet South and 21,553.00 feet West and running by azimuths measured clockwise from True South: 1. 78° 52' 24" 102.68 feet along Lot C-33 to a point, Thence, along Lot C-33, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 2. 33° 52' 24" 42.43 feet to a point; 3. 168° 52' 24" 120.00 feet along the East side of Kamanu Street to a point; Thence, along Lot C-32, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; Exhibit "A" Page 5 of l0 dedlcat Soa - 1 ~ - 9. 303° 52' 29" 42.93 feet to a point; 5. 258° 52' 24" 102.68 feet along Lot C-32 to a point; 6. 348° 52' 29" 60.00 feet along Lot F to the point of beginning and containing an area of 8,397 square feet. -PARCEL FIFTH:- That certain parcel of land situated about 1900 feet south of Hina Lani Street on the east side of Kamanu Street (Road Lot C-99) and also on the extension of Maiau Street at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C-41 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8219, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and mare particularly described as follows: Beginning at the Southeast corner of this Roadway parcel of land, being the Northeast corner of Lot C-35, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANOIAHEA" being 18,650.66 feet South and 21,906.33 feet West and running by azimuths measured clockwise from True South: 1. 78° 52' 29" 102.68 feet along Lot C-35 to a point.; Thence, along Lot C-35, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 2. 33° 52' 24" 42.43 feet to a point; 3. 168° 52' 24" 120.00 feet along the East side of E:amanu Street to a point; Exhibit "A" Page 6 of 10 deli cacion -11- Thence, along Lot C-39, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 9. 303° 52' 29" 92.43 feet to a point; 5. 258° 52' 29" 102.68 feet along Lot C-39 to a point; 6. 398° 52' 29" 60.00 feet along Lot F to the point of beginning and containing an area of 6,397 square feet. -PARCEL SIXTA:- That certain parcel of land situated about 2600 feet South of Hina Lani Street and about 900 feet Southeast of: the existing Kaloko Light Industrial Subdivision on the East side of Kamanu Street (Lot C-44) at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C-92 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission ,Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Northeast corner of this Roadway parcel of land, being the Southeast corner of Lot C-36, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 19,337.52 feet South and 21,271.24 feet West and running by azimuths measured clockwise from True South: 1. 348° 52' 29" 56.98 feet along Lot F to a point; 2. 78° 52' 24" 132.68 feet along Lot F to a point; 3. 168° 52' 24" 86.98 feet along the East side of K.amanu Street to a point, Exhibit "A" Page 7 of 10 dedication -12 Thence, along Lot C-36, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being, 4. 303° 52' 24" 92.93 feet to a point; 5. 258° 52' 29" 102.68 feet along Lot C-36 to the point of beginning and containing an area of 7,753 square feet. -PARCEL SEVENTH:- That certain road situated South of the junction of Kamanu and Maiau Streets about 800 feet east of the existing Kaloko Light Industrial Subdivision at Kaloko, North Kona, Hawaii, Hawaii, being an extension of Kamanu Street of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8219, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southwest corner of this Roadway parcel of land, being an Easterly corner of Lot A and a Westerly corner of Lot F, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 19,430.61 feet south and 21,999.30 feet West and running by azimuths measured clockwise from True South: 1. 168° 52' 24" 727.00 feet along Lot A to a point; 2. 258° 52' 24" 60.00 feet along the existing end of Kamanu Street to a point; 3. 398° 52' 24" 727.00 feet along Lot C-35, Lot C-36 and Road Lot C-92 to a pointy Exhibit "A" Page 8 of 10 aem oeu°~ -13- 4. 78° 52' 29" 60.00 feet along Lot F to a point of beginning and containing an area of 93,620 square feet or 1.001 acres. Being a portion of the premises described in Warranty Deed dated March 3, 1981, recorded in said Bureau in Liber 1`i506, Page 921; and in Warranty Deed dated March 11, 1981, recorded in said Bureau in Liber 15506, Page 932. SUBJECT, HOWEVER, to the following: 1. Any and all real property taxes assessed fox' the current tax year but not yet due and payable. 2. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in MASTER DECLARATION OF RESTRICTIVE COVENANTS dated March 9, 1991, recorded in said Bureau as Document No. 91-041779, as amended by instrument dated July 30, 1993, recorded in said Bureau as Document No. 93-128138. 3. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in DECLARATION OF RESTRICTIVE COVENANTS dated August 6, 1993, recorded in said Bureau as Document No. 93-128141. 4. The terms and provisions, including the failure to comply with any covenants, conditions and reservations contained in AGREEMENT between TSA INTERNATIONAL, LIMITED, a Hawaii corporation, and COSTCO WHOLESALE CORPORATION, a Washington corporation, dated August 6, 1993, recorded in said Bureau as Document No. 93-128198, regarding the proration of the Assessment between the lots owned by the parties. Exhibit "A" Page 9 of 10 dedication -14 5. Ordinance No. 99-115 dated November 17, 1999, recorded in said Bureau as Document No. 99-200860, by the COUNCIL OF THE COUNTY OF HAWAII. 6. Certificate of Assessment Lien dated November 17, 1999, recorded in said Bureau as Document No. 99-200861, by the COUNTY OF HAWAII. 7. Grant of Easement dated August 18, 1999, in favor of HAWAII ELECTRIC LIGHT COMPANY, INC, a Hawaii corporation, and GTE HAWAIIAN TELEPHONE COMPANY, INCORPORATED, a Hawaii corporation, recorded in said Bureau as Document Nos. 99-15528 to 99-15530. B. Grant of Easement and Bill of Sale dated November 9, 1999, in favor of WATER COMMISSION OF THE COUNTY OF HP.WAII, recorded in said Bureau as Document No. 99-188762. 9. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in DECLARATION OF RESTRICTIVE COVENANTS KALOKO LIGHT INDUSTRIAL PARK UNIT II, dated October 27, 1999, recorded in said Bureau as Document No. 99-191917. END OE EXHIBIT "A" Exhibit "A" Page 10 of 10 tledicatiov -15- ~ Lm w9 ROR6 Lm c-W aao Lm c~1 90AD Lm c-~z Lm cal Lm c-]z Lm oa7 Lm e-s~ Lm oas Lm cis r 9~wOR6 Lm t-H RAYANY •TRLfI • 1 .4TH' i .3. 1/Z.46 Zo/•/b C lm H F ) RAWNU iTREET LTTERSION N Lm 812 LOT D-I7 Lm 6-1~ Lm 6t7 Lm Y26 Lm 64i { (ROAD f) ~O' n 5 T lOT 64 Lm 611 LOT 6"13 Lm !4~ Lm 6.29 ° ~ ~ C O S 7 C 0 Lm 6-7 Lm 6-19 Lm s~7 Lm a i9 Lm 6-9 Lm 6-~ 'q{' ~ 186. ~S' Lm 6-1T - lm Lm 6-9 . ; Lm 6-21 Lm H Lm 6-16 ~ ~ Lm 6-T Lm 6-19 Lm 620 Lm 6i ~'~9. e k:. W F "'f ~M < ~i4. yY F q a` 0 - $ K A L O K O L 1 G H T O j~ ~ O I N U S T R I A L P A R K RANAIAN{STREET DEDICATION LOCATION MAP KALOKO BUSINESS PARK KALOKO, NORTH KONA, ISLAND OF HAWAII, HAWAII TO BE DEDICATED: LOT B-37, along with 3 drywells LOT B-38, along with 4 drywalls LOT C-39 8~ lot C-40 LOT C-41, along with 1 drywall LOT C-42, along with 1 drywall And KAMANU STREET EXTENSION (ROAD F) m N TYPE OF ROAD: 60 Ft. right-of-way with 20-Ft wide A.C. pavement (2") with paved shoulders and paved swales. E LENGTH OF ROAD: 2955 Linear Feet 0 NO. OF LOTS: 36 Limited Industrial (1 Acre) ti 0 TAX MAP KEY: 7-3-51:61 & 62 N m O 7 EXHIBIT "B"