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Home My WebLink AboutRES 234 Draft 01 2010-2012 �;MYVOFI�=•;i COUNTY OF HAWAII STATE OF HAWAII . try c • ►'e RESOLUTION NO. 234 12 RESOLUTION ACCEPTING THE GRANT OF EASEMENT FROM KAUPAKUEA FARMS, LLC FOR PUBLIC ACCESS PURPOSES. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, KAUPAKUEA FARMS, LLC is the owner of the real property identified by Tax Map Key: (3) 2-8-003:001, situated in Makahanaloa, District of South Hilo, County and State of Hawai`i; WHEREAS, KAUPAKUEA FARMS, LLC was issued Tentative Approval for subdivision of their parcel into 6 lots (SUB 11-001057), which included a condition of Final Approval requiring the subdivider to develop and implement a public access plan per Chapter 34, Hawaii County Code, to provide pedestrian and vehicular public access that connects to the Hilo Forest Reserve. WHEREAS, the County of Hawai`i would like to acquire public access to the Hilo Forest Reserve; WHEREAS, Kaupakuea Homestead Road Extension, a County of Hawaii road, is located adjacent to the grantor's property and ends approximately 805 feet from the Hilo Forest Reserve; WHEREAS, KAUPAKUEA FARMS, LLC is desirous of granting the County of Hawai`i a pedestrian and vehicular easement, which easement is more particularly described and delineated in Exhibit"1" attached hereto as a Grant of Public Access Easement for Public Access Purposes; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter,provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of money, securities or other personal property or of real estate or any interest in real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, the County of Hawai`i accepts the grant of Easements described and delineated in Exhibit"1" attached hereto, from KAUPAKUEA FARMS, LLC. - 1 - BE IT FINALLY RESOLVED that the Clerk of the County of Hawai`i is directed to transmit copies of this Resolution to: The Honorable William P. Kenoi, Mayor of the County of Hawaii; Bobby Jean Leithead Todd, Director of the County of Hawai`i Planning Department; Robert Fitzgerald, Director of the County of Hawaii Department of Parks and Recreation; Lincoln Ashida, Corporation Counsel for the County of Hawai`i; Amy G. Self, Deputy Corporation Counsel for the County of Hawai`i; Steven S.C. Lim, Carlsmith Ball LLP, 121 Waianuenue Avenue, Hilo, Hawai`i 96720; and Continental Pacific, LLC at Post Office Box 755, Troy, Alabama 36081. Dated at Hilo , Hawai`i, this 17th day of April , 2012. INTRODUCED BY: 32e-K141,- d/10%-- COUNCIL M BER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai `i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County ofHawai`i on April 17, 2012 ATTEST: /d /1 \ OUNTY CLERK CHAIRPERSON & PRESI I G 1' FICER -2 ROLL CALL V Reference: C- 642/FG210 RESOLUTION NO. 234 12 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG ' X YOSHIMOTO X 9 0 0 0 Reference: C- 642/FG210 RESOLUTION NO. 234 12 • • • • • • • • • After Recordation, Return by Mail ()Pickup ( ) to: Total Pages: __ Affects: Tax Map Key (3) 2-8-003-001 (portion) — GRANT OF EASEMENT FOR PUBLIC ACCESS PURPOSES Exhibits "A"and "B" r This Grant of Easement For Public Access Purposes is made on this / s , 2012, is made by: day of KAUPAKUEA FARMS, LLC, a Hawaii Limited Liability Company, whose primary mailing address is 101 Aupuni Street, Suite 101, Hilo, Hawaii 96720 (hereinafter referred to as "GRANTOR''), in favor of COUNTY OF HAWAII, a Hawaii Municipal Corporation, whose address is 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 (hereinafter referred to as "GRANTEE") Grant of Easement for Public Purposes EXHIBIT Kaupaukuea Farms.LLC l TMKS 3rd 2-8-003-001(portion) WITNESSETH : Recitals: 1. Whereas, Owner owns the parcel of real property (designated as Tax Map Key 3rd 2-8-003-001; and 2. Whereas, the Owner has applied to subdivide the above-described parcel of land into six parcels (SUB-11-001057); 3. The subdivision received Tentative Approval on December 14, 2001 with a number of conditions including: The subdivider shall develop and implement a public access plan (per Chapter 34, Hawai'i County Code),for the proposed subdivision to provide pedestrian and vehicular public access that connects to the Hilo Forest Reserve in the vicinity of TMK(3) 2-8-001: 003. The plan shall clearly address each of the elements included in the enclosed Planning Department's Public Access Guide, "What should be included in a Public Access Plan." 4. The purpose of this grant of easement is to provide the pedestrian and vehicular access as required as a condition of the subdivision approval NOW, THEREFORE, Grantor, in consideration of the sum of ONE DOLLAR($1.00) to Grantor paid by Grantee, the receipt of which is hereby acknowledged, and of the covenants of Grantee as hereinafter contained, does hereby grant, bargain, sell and convey unto Grantee, a perpetual easement for pedestrian and vehicular public access that connects to the Hilo Forest Reserve in the vicinity of TMK(3) 2-8-001: 003, over and across that portion of Tax Map Key (3) 2-8-003-001, said easement is described by metes and bounds in the attached Exhibit "A" and is shown on the portion of the subdivision map attached as Exhibit "B". Grantee hereby covenants and agrees to and with Grantor that Grantee's and public's use of said Easement shall be at all users' use sole risk, and that all users shall defend, indemnify and save harmless Grantor and the owners from time to time of said Easement from and against any and all loss or damage to the property and from and against all liability, claims, suits and actions by whomsoever brought on account of injury to or death of persons when such loss, damage, injury or death is caused by or arises or results, directly or indirectly, from the use of said Easement or the exercise of rights herein granted by Grantee, its agents, guests or invitees, and that said users shall defend, indemnify and save harmless the Grantor and the owners from time to time of said Easement from and against all damages, costs, attorneys' fees, expenses or liabilities incurred or resulting from any such claim or demand or any action or proceeding brought therein. The terms "Grantor" and "Grantee", as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural Grant of Easement for Public Purposes 2 Kaupaukuea Farms,LLC TMKS 3rd 2-8-003-001(portion) number, individuals or legal entities, and their and each of their respective successors, heirs, devisees, personal representatives and assigns, according to the context thereof. This instrument shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors, heirs, devisees, personal representatives and assigns and SHALL RUN WITH THE LAND. This document may be executed in counterparts. Each counterpart shall be executed by one or more of the parties to this document and the several counterparts shall constitute one document to the same effect as though the signatures of all of the parties were upon the same document. IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first written above. GRANTOR: KAUPAKUEA FARMS, LLC-,"..a Ha a Limited Liability Col any,---,; ,1/4 4 TERES L ASKI Manager GRANTEE: COLIN ' •VilL1, . AWAII Tay: — • . �Q . WILLIAM Its: _ AYR KENOI AGREED AND ACCEPTED: Agreed as to Form and Legality .. , BY /!'�•/t Dui ,-,/ By L/ A* 4 _,Ale 77 nning Director - Deputy Corporation Couns:l Cbunty of Hawai'i Date: ?//51/ Z-- Date: fE6 2 4 2012 Grant of Easement for Public Purposes 3 Kaupaukuea Farms,LLC TMKS 3'd 2-8-003-001 (portion) STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) / > On this / day of 1 t e.,- , 2012, before me personally appeared TERESA L. PREKASKI, to me known to the person (or who provided satisfactory evidence of her identity) described in and who executed the foregoing Grant of Easement for Public Access and, being duly sworn, did say that: 1. She is the Manager of KAUPAKUEA FARMS, LLC, a Hawaii Limited Liability Company; 2. She is duly authorized to execute the foregoing instrument on behalf of and binding the company; and 3. She acknowledged that she executed the same as her free act and deed acting in that capacity on behalf of the company. //:///,„;;., o ary Public /� .• ' State of Ha ./ MICHAEL i, NAGAI : 1 = Expiration Date: January 21,2015 ; e • Wi • LC O o, .' • ` c4, Printed or Typed Name of Notary .*. �� ,. My commission expires: /I/%nttowt\ `\ NOTARY CERTIFICATION Made pursuant to Chapter 456, Hawaii Revised Statutes and Hawaii Administrative Rules §5-1 1-8 Document Description: Dedication Agreergent for Variance Document Date: (If undated, insert "undated") Number of pages: 311 /5 Circuit of Notarial act: Third Circuit L Nagai Printed name of Notary: • & Q mature of ► ary Public ciildal 0 Stapp)y. — � �• Date of Certification / . .o S P �, • `• /0,!,!1,1� ��`0''\, MICHAEL i. NAGAI Expiration Date:January 21,2015 Grant of Easement for Public Purposes 4 Kaupaukuea Farms,LLC TMKS 3"2-8-003-001 (portion) STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On March 8, 2012 , before me personally appeared WILLIAM P. KENOI, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the County of Hawai`i, a municipal corporation of the State of Hawai`i, that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawai`i, the foregoing instrument was signed and sealed on behalf of the County of Hawai`i by authority given to said Mayor of the County of Hawai`i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai`i (2010), as amended, and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawai`i. L, Notary Public, State of Hawai`i Printed Name: Guillerma G. Sumera My commission expires: 9/22/13 NOTARY CERTIFICATION STATEMENT Document Identification or Description: Grant of Easement for Public Access Purposes =Kaupakuea Farms, LLC, TMK: (3) 2-8-003-001 Doc. Date: February 1,2012 ❑ Undated at time of notarization. No. of Pages: 7+ Exhibits Jurisdiction: Third Circuit . 1:.- 3/8/12 Signature of Notary Date of Notarization and Certification Statement Guillerma G. Sumera Printed Name of Notary Exhibit "A" EASEMLN'1 Rl-1. OVER AND ACROSS I,OT I OF NIAKAIIANALC)A LOTS PORTION OF R. P. 7129,L.C.AW.4559-13, .- PA A 17 AND 18 TO WILLIAM C.L.C'Y\1..11.O Land situated at Makah uraloa..South I lilo,Island of r?ay.aii,Hay.itii Beginning at the northeast corner(it this casement, also being a southeast corner ul Kaupakuea liomestead Road Extension(50-feet slide),the coordinates of said point of beginning referred to Government Surges Triangulation Station`.ATAl.A"being 1,414.90 feet South and 1 1,552.30 feet West and thence running by azimuths measured clockwise Irons 1ruC South: 1. 13" 02' 5(F- 8.16 feet alsug other lands of Lot I of Makahanaioa 1 ot,: l3tcncc.on a curve to the right'sitb a radius of 100.00 feet, the chard azimuth and distance being: 2. 60`' 49' 20' 1 36.64 feet ah,ne same 3. 103" 55' 00" 805.79 feet along erne: 4. 193' 55' 00" 50.00 feet along the Hilo Forest Reserve: 5. 283' 55' 00" 805.79 feet along other lands of Lot I of Makahanaloa Tots; Thence,On a curve to the left with a radius of 50.00 testt the chord a..,imuth and distance being: 6. 240" 19' 20" 65.32 feet along same: 7. 275° '2' 00" 50.00 feet along Kaupakuca Homestead Road Extension(50-feet t',ide)to the point of beginning.and containing an area of 1.059 Acres.n1Qre or less. 14;40 oas /7,7 fr (1f� („>4 t`G' 'n 'Niels Christensen 1..ieenscd Professional Lame:Seers eycrr 9077 The Independent Hawaii Surveyors,T LC P, 0.Rio:577 lido. llass:nii 9672 I Page I of 1 1:.;i?'?O t? ,i0B9501 Grant of Easement for Public Purposes 6 Kaupaukuea Farms,LLC TMKS 3'a 2-8-003-001 (portion) Exhibit "B" Portion of Proposed Subdivision Map ,._,.,. __, -------.7" ___--- ----- ..,------ ___,.,------: ' P 4n rtos Tr. G Son wendofyn N. tos Tr. ----- ' –'----- ---- -" --- A „E-„ 27050'00. —840.30' \ ..'"-- KAUPAKUEA 1-401\ 7:, ,d L, cs /, --,— - q5.Jg• 1 20 , ,., . -.„oc- . . 5:) o Lu EASEMENT "RU-1' tt- /-- (1.059 ACRES) od ■ 0) tO FOR PUBLIC ACCESS 0 , Q.. c-)' 1 LOT 1 4 100.001 Acres , / _---' Grant of Easement for Public Purposes 7 Kaupaukuea Farms,LLC TMKS 3`d 2-8-003-001(portion)