HomeMy WebLinkAboutCOM 0063.000 1998-2000 ~r~~
Stephen K. Yamaahiro Riclurd Wurdeman
Mayor Corpomtion Cornxl
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OFFICE OF THE CORPORATION COUNSEL
101 Aupunl Strtu, Suite 225 • WIo,~~~~,0~621 ~,~6) %L-0251 • [i: (303) %!-0622
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Dedication Deed--Ohia Development Corooration
Kaloko-Mauka Subdivision, Increment 1
Tax Map Key~3)7-3-24:102
We are transmitting for the Council's review and consideration for acceptance a copy of
the above dedication deed, along with a resolution accepting the deed.
For your information, the deed has been reviewed by the Department of Public Works,
Department of Water Supply and the Planning Department and all have recommended
acceptance of the dedication deed. All subdivision improvements have been completed.
Upon acceptance of the above dedication deed, please send notification of such
acceptance to: (1) Stephen J. Menezes, Esq., 100 Pauahi Street, Suite 204, Hilo, Hawaii 96720;
(2) Harry Takahashi, Director of Finance, County of Hawaii; and (3) Gerald Takase, Deputy
Corporation Counsel, who will record the said deed with the Bureau of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By ~
G LD TAKASE
Deputy Corporation Counsel
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LAND COURT REGULAR SYSTEM
AFTER RECORDATION, RETURN BY: MAIL O PICK-UP ( )
(Toro! Document Paxec 7r
Affects TMK:(.i) 7-3-24:102 (Roadway Lot t-H, Kaloko-Mauka Subdivision)
DEDICATION DEED
THIS DEED, made this day of 1998,
by OHIA DEVELOPMENT CORPORATION, a Hawaii corporation, whose
address is 721 Kumukahi Place, Honolulu, Hawaii 96825,
hereinafter collectively called the "Grantor," and the COUNTY OF
HAWAII, a municipal corporation, whose principal place of
business and 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, the real property described in Exhibit "A", attached
hereto and by reference made a part hereof.
TOGETHER with 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 the
purpose of roadway and related uses, 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
as may herein specifically be set forth; 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 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.
-2-
The conveyance herein set forth and the warranties of
the Grantor concerning the same are expressly declared to be in
favor of the Grantee, its successors and assigns.
The term "Grantor" and "Grantee," as and when used
herein, or any pronouns used in place thereof, shall mean and
include the masculine or feminine, the singular or plural number,
individuals or corporations, and their and each of their
respective successors, heirs, personal representatives and
assigns, according to the context thereof. If these presents
shall be signed by two or more grantors, all covenants of such
parties shall for all purposes be joint and several.
IN WITNESS WHEREOF, the Grantor has executed these
presents on the day and year first above written.
OHIA DEVELOPMENT CORPORATION,
a Hawaii corporation
By: '
DARRY FUJIMO O
Its P esident
APPROVED AS TO FORM:
Deputy Corporation Counsel
County of Hawaii
Dated:
-3-
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU )
On this day of ~-~~rc~~ 1998, before me
appeared DARRYL K. FUJIMOTO, to me personally known, who, being
by me duly sworn, did say that he is the President of OHIA
DEVELOPMENT CORPORATION, a Hawaii corporation, and that said
instrument was signed on behalf of said corporation by authority
of its Board of Directors; and said DARRYL K. FUJIMOTO
acknowledged said instrument to be the free act and deed of said
corporation.
f~C~
Notary Public, State of Hawaii
I~
My commission expires:
r~;.:- -
-4-
EXHIBIT "A"
LCIP 1-N
BL(.JC7C ] OF KAIAKO-MAUKA SUBDMSION
INC12II1INC 1
LAND SZ'I7A~TED ON 171E SOVIIMESIERLY SIDE OP I7A0 STREEt
AT HAIAKO, NOIYI71 KONA, ISLAND OF IV+WAII, HAWAII
BEING A PORTION OF ROYAL PATFT/f 8214
LAND COhA'IISSION AWARD 7715, APANA 11
7~7 Lp1'A KAhII71M1EliA
BEING, ALSO, A PORTION OF LOI' 1 OF BLOQC J OF KAIAKO-MAUKA
SUODMSION, INQ2~ffNI' 1 (FILE PLAN 994)
Beginni~xl at the North corner of this parcel of land, on the Southwesterly side
of Ilao Street, the coordinates of which referred to Govenunent Survey Triatxlulation
Station "MOANUTAIIEA" being 14,778.96 feet South and 7,981.97 feet West and running by
azimuttvs measured clockwise from true SouU~:
1. 315° 10' ~ 90.00 feet along file Southwesterly side of Ilao
Street;
thence along the remai:xler of Lot 1
of Block 7 of Kaloko-Mauka
Subdivision, Increment 1 (File Plan
994), along Lot 1-G, on a curve to
the left with a radius of 20.00
feet, the chord azimuth atd
distance being:
2. 90° 10' 28.28 feet, thence;
A5° 10' 11.79 feet along the remainder of Lot 1 of
Block 7 of Haloko-Mauka
Subdivision,''Increment 1 (File Plan
994), along Lot 1-G;
thence along the remaLder of Lot i
of Block ] of Kaloko-Mauka
Subdivision, Increment 1 (File Plan
99A),along Int 1~, on a curve to
the left with a radius of 115.00
feet, the chord azimuth and
distance being:
EXHIBIT "A"
Page 1 of 3
~ ~
4. 29° 45' 61.14 feet, thence;
5. 14° 20' 707.00 feet along the remainder of Int 1 of
Block ] of Raloko-Mauka
Subdivision, Increment 1 (File Plan
994), along Lot 1-G;
thence along the remaLder of lot 1
of Block 7 of, ICaloko-Mauka
Subdivision, Increment 1 (File Plan
994), along Lnt 1~, on a curve to
the left with a radius of 20.00
feet, the chord azimuth and
distance being:
6. 729° 20' 20.28 feet, thence;
7. 14° 20' 50.00 feet along the remainder of Lot 1 of
Block 7 of ICaloko-Mauka
Subdivision, Increment 1 (File Plan
994), along Lots 1-G and 1-F;
8. 104° 20' 90.00 feet alo~x3 the Tema irder of Int 1 of
Block 7 of ICaloko-Mauka
Subdivision, Increment 1 (File Plan
99A), along Lots 1-F, 1-E and 1-A;
9. 194° 20' 50.00 feet alorxl the zemainxier of Lot 1 of
Block 7 of Kaloko-Mauka
Subdivision, In¢ement 1 (File Plan
994), along Lots 1-A an3 1-B;
thence along the remainder of Lot 1
of Block 3 of Xaloko-Mauka
' Subdivision, Irxxement 1 (File Plan
994), along lot 1-B, on a curve to
the left with a radius of 20.00
feet, the chord azimuth and
distance being:
10. 279° 20' 28.28 feet, thence;
11. 194° 20' 707.00 feet along the remainder of Lot 1 of
Block 7 of Kaloko-Mauka
Subdivision, Increment 1 (File Plan
994), along Lots 1-8 and 1-C;
thence along the remainder of Ivt 1
of Block 7 of l~aloko-Mauka
Subdivision, Increment 1 (File Plan
994), alorg Lot 1-C, on a curve to
the right with a radius of 165.00
feet, the chord azimuth and
distance bei~:
12. 209° 45' 87.77 feet, thence;
EXHIBIT "A"
Page 2 of 3
. ' -
17. 225° 10' 11.79 feet along the remainder of Lot i of
clock 3 of 1Caloko-Mauka
Subdivision, 'Irxxement 1 (File Plan
994), along Lot 1-C;
thence along the remainder of Cnt 1
of Block 3 of Kaloko-Mauka
Subdivision, Increment 1 (File Plan
994), along Lot i-C, on a curve to
the left with a radius of 20.00
feet, the d~ord azimuth and
distance being:
14. 180° 10' 28.28 feet to the point of beginniiq and
containing an area of 0.604 acre.
O~~ S TfR'o Description Prepared By:
~ Iranrcen' , q fI4GWEQLS SUIZVEYOFS HAWAII, INC.
~IO,F::I OIIAI ;
1020 Auahi Street No. 5000 ~ J S. Terada
Buildirxl 6, Roan 1 y9 y~~P' Registered Professional Surveyor
Ilonolulu, Ilawaii 9681A AII, ~ Certificate Numbas.' 5000
April 18, 1991
Being a portion of the property conveyed to Grantor by Deed in
Satisfaction of Agreement of Sale recorded at the Hureau of Conveyances of the
State of Hawaii on October 16, 1991 as Document No. 91-140735.
SUBJECT HOWEVER, to: -
1. The reservation in favor of the State of Hawaii of all mineral and
metallic mines.
2. Restrictions, covenants and conditions as contained in Deed dated
July S, 1967, recorded in said Bureau as Liber 5731, Page 22, to which
reference is hereby made.
3. Exception and reservation as contained in Deed dated July 5, 1967,
recorded as aforesaid in Liber 5731, Page 22, to which reference is
hereby made.
4. Grant of Easement and Bill of Sale, in favor of Water Commission of the
County of Hawaii, recorded is said Bureau as Document No. 93-075044.
END OF EXHIBIT "A"
EXHIBIT "A"
Page ~ ~f 3