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Home My WebLink AboutRES 121 Draft 01 1972-1976 County of Hawaii--State of Hawaii Resolution WHEREAS, by instrument dated June 28, 1972, the First Hawaiian Bank granted unto the County certain parcels of land as described in the deed attached as Exhibit A hereto; and WHEREAS, the parcels are conveyed to the County with the express condition that said properties shall be used for a public park, playground and recreational area; and WHEREAS, the parcels are conveyed to the County for the sum of $10.00; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that said parcels of land as described in Exhibit A be and is hereby declared accepted for use as a public park, playground and other recreational use. BE IT FURTHER RESOLVED that the Mayor of the County of Hawaii be and is hereby authorized to accept the deed from the First Hawaiian Bank as Grantee for the County of Hawaii. AND BE IT FURTHER RESOLVED that the County Clerk be authorized and directed to forward a copy of this resolution to the Department of Parks and Recreation. Dated at Hilo Hawaii, this 19th day of February, 1975F: ° INTRODUCED BY: COUNCILMAN, 77AF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES A/E Carpenter x Hilo, Hawaii De Luz I hereby certify that the foregoing RESOLUTION was by the vote indicated to ?pc al x the right hereof adopted by the COUNCIL of the County of Hawaii on. Fujii x Hisaoka x February 19, 1975 Kawahara x ATTEST: Yadao x Chr. Yamada 9 Reference: ..C.- 4 5 / /R C - ''-d Tadashi Suzuki Robert M. Yam p COUNTY CLERK CHAIRMAN & PRESIDING OFFICER M.B. No . / 3 RESOLUTION NO. ............121 - - - - - H P LECORDATION REQUESTED BY: AFTER RECORDATION,-RETURN TO: RETURN BY: MAIL ( ) PICKUP ( ) D E E D THIS INDENTURE, made.this o,72 -day of , 197$ by FIRST HAWAIIAN BANK, a Hawaii corporation, having its principal place of business and post office address at 161. South King Street, Honolulu, City and County of.Honolulu, State of Hawaii, hereinafter called the "Grantor", COUNTY OF HAWAII, a municipal corporation, having its principal place of business and post office address at the County Building, Hilo, Hawaii, hereinafter called "Grantee", and HAWAIIAN PARADISE PARK CORP a Hawaii corporation, having its principal place of business' and post office address at 2207 Kalakaua Avenue, Honolulu afore- said., W I T N E S S E T H WHEREAS, the Grantor is the owner in fee simple of certain real property situated at Keaau, District of Puna, County and State of Hawaii, and hereinafter more particularly described; WHEREAS, said Grantor received title to said property from Hawaiian Paradise Park Corp., by Trust Deed dated May 25, 1959, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii as Document No. 239829, which Trust Deed EXHIBIT A I was amended by instrument dated March.20, 1969, filed in said Office as Document No. 470273, and was further amended by Docu- ment dated c z.YiS22- , filed in said Office as Document No. all of which Documents are noted on Transfer Certificate of Title No. 76250 issued to said Grantor; WHEREAS, said Grantor.wishes to convey said real property to the Grantee on the terms and conditions more specifically hereinafter set forth; now, therefore, - THIS DEED FURTHER WITNESSETH: The Grantor, for and in consideration of the foregoing and the sum of TEN DOLLARS ($10.00) and other valuable consideration and the covenants of the Grantee hereinafter set forth, the receipt and sufficiency whereof is hereby acknowledged, does hereby grant, bargain and dedicate unto the Grantee, in fee. simple the following described real property: ALL those certain parcels of land situate at Keaau, District of Puna, Hawaii County, Hawaii, more particularly described as follows: LOT 475, area 1.53 acres, and Lot 522, area 4.51 acres, both in Block 10, as shown on Map 65 on file in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) ; TOGETHER WITH, as to each of said lots, a non-exclusive easement over; under and across the following roadway lots within the Hawaiian Paradise Park Subdivision, to be used in common with others entitled thereto, for roadway and .utilities. purposes only, and subject to an exception, reservation and power in favor of Hawaiian Paradise Park Corp., its successors and assigns, to convey ownership of, or grant: licenses, easements and privileges to others in, over, across and through, said roadway lots for utilities, access and other service purposes -2 Lots 60 and 62, as shown on Map 10; subject, however, to a right of way in favor of Lot 58 as granted by instrument dated September 24, 1945, filed in said Office as Document No. 104733, and as to Lot 62 only to Easement 29 as shown on Map 10 for utilities purposes; Lot 8297 as shown on Map 55; Lots 8363 and 8385 as shown on Map 56; Lot 8387 as shown on Map 57; subject, however, to Easement 30 as shown on Map 57 for. utilities purposes; Lot 3115 in Block 7, as shown on Map,58; Lot 1 in Block 10 , as shown on Map 65; all of said maps being on file in said Office with Land Court Application No. 1053 (amended);. and Lot 4-B, as shown on Map 2 on file in said Office with Land Court Application No. 1689; subject, however, to an exception and reservation of all mineral or metallic mines in favor of the Hawaiian Government; to an easement for utilities purposes in favor of Hawaiian Telephone Company granted by instrument dated May 6, 19551 filed in said Office as Document No. 181820, and to an unrecorded right of way in favor of Olaa Sugar Company, Limited; BEING a portion of the land described in Trans- fer Certificate of Title No. 76250 issued to the Grantor. SUBJECT, HOWEVER, to the express conditions that said property shall always be used for public park, playground and recreational uses only, and without limitation to the generality of the foregoing, that no part of the property shall ever be used for any commercial, mercantile or business use which is not directly auxiliary and merely incidental to said public uses; provided, however, that nothing contained herein shall be con- strued to require or imply that the Grantee is obligated to in any manner improve said property; provided further however, that in the event Grantee shall at any time abandon or cease to use I such property for said public use or for a period of one month or more shall use or permit the property, or any part thereof, to be.used in any manner in violation of the foregoing conditions, this deed shall cease, determine and be void and the property,. with all of the rights, privileges and appurtenances, shall automatically revert to said Hawaiian Paradise Park Corp., its successors and assigns. The Grantee covenants and agrees that. no part of the property shall ever be used in any manner in violation of the foregoing conditions, that suit may be brought to specifically enforce said conditions or these covenants or to. assure reversion of title in the event of violation.of the fore- going conditions and that these covenants shall be binding upon the Grantee's legal successors and assigns, and shall run with the land. 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; TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereunto belonging or appertaining or held and enjoyed therewith, unto,the Grantee, its legal successors and assigns, forever. AND, in consideration of the premises, the Grantor, for itself and its successors in trust, does hereby covenant with the Grantee, its legal successors and assigns, 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 encum- brances made by the Grantor, except as may herein specifically -4- be set forth; and, that the Grantor has good right to dedicate and convey said property, as aforesaid. And, in consideration of the premises, HAWAIIAN PARADISE PARK CORP., the Grantor named under the aforesaid Deed of Trust and Amendments to Trust and being the predecessor in title to the property herein described does, to the extent it has or may have any interest in said property, hereby release, remise and quitclaim unto the Grantee, its legal successors and assigns, all of.its right, title and interest, if any, in and to said property. And, in consideration of the premises, said HAWAIIAN PARADISE PARK CORP. does hereby further covenant with the Grantee, its legal successors and assigns, 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 dedicate and convey said property, as aforesaid; and, that said HAWAIIAN PARADISE PARK CORP. will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. IN WITNESS WHEREOF, the Grantor, the Grantee and said HAWAIIAN PARADISE PARK CORP. have executed these presents on the day and year first above written. FIRST H AIIAN BANK i By Its TRUST OFFICER By Its APPROVED AS TO FORM - (Grantor) COUNTY OF HAWAII B COUNT, OF HAWAII By Date: .....L (Grantee) HAWAIIAN PARADISE PARK CORP. BY 0 -Tts IPR4 STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this day of 19 before me appeared MASON ft klR~r aft& , to me personally known, who, being by me duly sworn,.did say rle ~5 that tlaa--y - the TRUST OFFICER aad r0_ _-j , of FIRST HAWAIIAN BANK a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corpora- tion by authority of its Board of Directors, and the said MASON M. HIRONAKA arri acknowledged said instrument to be the free act and deed of said corporation. Notary Public, First Judicial Circuit, State-of Hawaii My Commission expires: eCTOBER 9, 1973 STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this oZ,~ day of 197A, before me appeared _ 2tto me personally known, who, being by.me duly sworn,.did say that he is the of HAWAIIAN PARADISE PARK CORP.,, a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corpo- ration by authority of its Board of Directors, and the said 1 r acknowledged said instrument to be the free act and deed of said corporation. C Notary u c, First Judicial Circuit, State of Hawaii. My Commission expires ;,A44UAky 14, i~-?j