Loading...
HomeMy WebLinkAboutCOM 0054.000 1998-2000 O Stephen K. Yamashiro I I �!` :t e � Richard Wurdeman Mayor \• - �?'i' Corporation Counsel O Oi County of Aaftralt OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street. Suite 325 • Hilo, Havai'i 96720-4262 • (808) 961 -8251 • Fa: (808) 961-8622 December 16, 1998 Chairman James Y. Arakaki co Hawaii County Council co 25 Aupuni Street `J r . Hilo, Hawaii 96720 _ `' -71 F--= • Dear Chairman Arakaki: -- _1 Re: Resolution Granting Access Easement Over Parcel L -6 . v Tax Man Key (311 -2- 04:090 Parcel L -6 was created as part of a proposed County park extension under the Kaimu -Pahoa roadway project, which parcel was originally acquired by the County in 1970. At that time, an access easement was not reserved from Mr. James Ahia, although they had enjoyed continued physical access to the property. Mr. Ahia's son, James K. Ahia, III, is currently trying , to market the property. However, he has run into a stumbling block because there is no legal access to the property. An access easement should probably have been reserved in the original grant. However, it was not, and at this time Mr. Ahia is seeking a grant of easement across the property for access purposes. Sincerely, RICHARD D. WURDEMAN Corporation Counsel B G LD TAKASE Deputy Corporation Counsel GT:de Enc. a: \dpw \ahia resoltr. wpd cc: Mr. James Ahia, III amt. . N 514 Elaine Yamaguchi, Security Title Corporation I, No. ) DC Res. /`/ -9$ ? c'. DF41e DEC 2 1 199B 0 0 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 a: \dpw \ahiaeasement.wpd Tax Map Key (3)1 -2- 04:090 GRANT OF EASEMENT THIS GRANT OF EASEMENT made this day of 19_, by and between the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the "Grantor," and JAMES K. AHIA, III, husband of Rosemarie M. Ahia, whose mailing address is P. O. Box 1712, Pahoa, Hawaii 96778, hereinafter called the "Grantee." WITNESSETH: -1- C - SH Ckes , /940 O 0 WHEREAS, Grantor owns that certain premises located in Kaimu, Puna, Island of Hawaii, County of Hawaii, identified as Tax Map Key (3)1 -2 -04 -090, also known as Parcel L -6; and WHEREAS, when Parcel L -6 was acquired by the Grantor, it severed access to Grantee's property; and WHEREAS, Grantor desires to give the necessary easement upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the Grantor and Grantee hereto agree as follows: 1. Demise and Description of Premises. The Grantor, in consideration of the sum of One Dollar ($1.00) to it paid by the Grantee, the receipt of which is acknowledged, and of the covenants herein contained and on the part of the Grantee to be observed and performed, and upon and subject to the terms and conditions hereinafter set forth, does hereby grant the following perpetual access easement to Grantee, said easement being more particularly described in Exhibit A and delineated in Exhibit B, both of which are attached hereto and made a part hereof. 2. Indemnification. Grantee shall indemnify, defend and save harmless, the Grantor, its successors and assigns, from and against any and all actions, claims, suits, damages, or costs arising out of or resulting from the acts or omissions of Grantee, its officers, agents, or employees, that may arise or result from the operation, maintenance, presence, or use of Grantee's fixtures and all appurtenances connected therewith. -2- 0 3. Maintenance. The Grantee shall use due care and diligence to keep the access easement and any improvements appurtenant thereto, in a safe, clean, sanitary, and orderly condition. 4. Parties of Interest. The covenants contained in this Grant of Easement shall inure to the benefit of, and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have duly executed this instrument the day an year first above written. COUNTY OF HAWAII By STEPHEN K. YAMASHIRO Mayor JAMES K. AHIA, III APPROVED: JIRO SUMADA Deputy Chief Engineer APPROVED AS TO FORM AND LEGALITY: GERALD TAKASE Deputy Corporation Counsel -3- 0 0 STATE OF HAWAII ) ) SS. COUNTY OF HAWAII ) On this day of , 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 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. Signature Print or type name Notary Public, State of Hawaii My Commission Expires: -4- 0 O STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 19 , before me personally appeared JAMES K. AHIA, III, to be 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. Signature Print or type name Notary Public, State of Hawaii My Commission Expires: -5- o 0 PARCEL L -6 Being a portion of Parcel C Being also a portion of Grant 6570 to James Levi Land situated at Kaimu, Puna, Island of Hawaii, Hawaii Beginning at the most Northerly corner of this piece of land, being the most Southerly corner of Lot 25 of Kaimu- Makena House Lots and being also the most Southerly corner of Grant 8512 to Thomas Honan, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Hakuma" (U.S.C. & G.S.) being 6,676.70 feet North and 4,489.26 feet East, thence running by azimuths measured clockwise from true South: 1. 16° 04' 94.96 feet along the remainder of Parcel C, along the remainder of Grant 6570 to James Levi; 2. 173 14' 50" 78.57 feet along Grant 5190 to Harry Keliihoomalu; 3. 249 35' 37.90 feet along the present Government Road to the • point of beginning and containing an area of • 1,447 square feet or 0.033 acre. co 1 1 \ 1 • --- ° Fe t e\ { + 1 1 to nl o , rocs- r \ 0 / �G p Of Par • ■ • T � 1 "11 i lb m EA I Y it .1 1 m l �', 0 l l^,' \ • 1 -.,'Y I \1 20 o I-. ., i �� a "VT‘ • = Ip p:•^, y j0, � Flo <, ej ^ Q' I % or4 `" �C )' 16 ." C ,• g Cm . .!.1'11. y m 1 1 o,u1 c '�- .� \t‘ ' , Gr "F 1m l � m�, AI~ a°c ° e1 ' i1 3` ^ 9 W 'u : 1161 n ' I ro etc N '.° •., m�u u �i ,v ° Oro' N 3L pe 4 • o �� 1ae.4a se' . .\ I w ,./ '-- R m u � m1 N E E N O 8U .I) a -mm 295 . �' \ 3'43 8.16919 __ N "+� eR ,, (Ow r e• ro � \` ce3 PermlNad Y.1 G b£ v 1 GO 4 65Hg:Ne11 Ir0-F fl er e no / 97.521] 5000 1 1 r (@ 16 of rj MA J •, 192`1635' — 27779 =a9 , 11�\ 1 1 \ "' 1 l I E P 0 9 },fe ) TG 5pe y , 5 E 0 %it M- -10° B.•f3: , , - _ - - • .f.F > 5 . b• Ka , \ ' !9 y `. - = "d 4T i 02 = = 8 1 s oae`s i \ .. ul�' I 53 i �� T� - tl NO F� ) t . ye ce s m W„ _ Kltl I,,i9Qe13 .,e, gi , 184 . 0 030 _ t c g ,.e5 0 i - $' eak o ec3 ?j •r - -- \ � ' I u4 \ � `gib\ L;N • uv 9OC R - 1 - :a8 J� ; I. a.Ft 4 r90'W 3°-- ] . - .. k , .e w' ° -" rl �� {{a r4 © or Q1 °±ernlbPC $15 ^� `'a, � �i • � _ llro 1.."14'see = - 1 a la ^Eleseeivb .3:‘ �. � � l.. . `f L x2511 �o i 2x917 0 ere tl S 1 $� 2:::15 30 � + T m _E••�•� p• rse14;;:a ]y_ — 151 0 °� — 1 rn. o 1`l ■ / •\ SK, . • a3c'= REVI 1 � � ' 41 ` w , � \ , In ^00 0. an r O3/ 4t 1p 1 : :, m> �{\ I 1 I 'an —`I i °' �' \ Q N 35,y5e 4 • { ' G � B ni _ �IJ.S 4t PA Z ` 5 9 �gT'I )t'• W +S�" 23 \�2 ea 21 , e. 1a 11 0 � 73 5 / • \I 1 e ro r t`cn 1 to 9 Pf.V. j, 1: 9L °e 1 Wi °91ry ". vela 1 �' r, " �� ', 1 1 \\7 1 5 1 . 7 1 t 1 _ 2O ,, �•. Je ar r C 0p r e % 1 . 1 \\ 1 1 `x ; P • Or s 044. ro }O em l e{ f ■ 5, \ __ 1._s_ - I �_ __ 1 �' N �\ P 1 I n N `5� A.- 516. P, Le P 9 t 6 510 \ �,: . p le K � . to i B � n � \ 26 1 1 1 15 3 • , , •n:iN O{ G / o y 9 X 18 _-___ - -'r. � , 1 v v� -_ A \ \ ., r }1 On / "F o { al s o 1 1 .m S ¢ a P/ Col 6 9 1im 9 q VI m - .. __ ___ ,u, r \` \ P Ir / X0 (1 } ° 7. 'MI ^ I \ •m' ' 1 . -- p1 1 a � -_$_ \\ \ ` O rt 6 y' m ' 1 l<41114 U lid X 9 1 \` -, p 5319 } � ° yl� w I', tt '1 . ia•u x ,. l - • \ ri 0ro V m niN n ii \ Gra n f � u ll� 1 \•! m ,> I9:k 4 /\ • \ 1 61 _ co p Grant 8510 G to \ °- i � ■ -` I I'Mr3Wm8ro Nelanr Net 11 , / N 1 11 I � � , o / m - S. . ?) o CO i. ��