HomeMy WebLinkAboutCOM 0084.000 1998-2000 CD
Stephen K. Yamashiro �t�•n;?
, Richard Wurdeman
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Mayor - -?.+7 , Corporation Counsel
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OFFICE OF THE CORPORATION COUNSEL -0 r; ± )i
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720 -4262 • (808) 961 -8251 • Fax (808) 961 -8622
January 4, 1999
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Dedication Deed from Mauna Kea Agribusiness Co., Inc.
Kaupakuea Homestead Road
Tax Map Keys (3)2 -8 -03 -001 (por.), 2 -8 -04 -001 (por.)
and 2 -8 -07 -003 (por.)
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.
Upon acceptance of the above dedication deed, please send notification of such
acceptance to: (1) Mr. Richard Armstrong, Mauna Kea Agribusiness Co., Inc., P. 0. Box 1826,
Papaikou, Hawaii 96781 -1826; (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 egt44
G D TAKASE
Deputy Corporation Counsel
GT:de
Encs. C wra. No._
a: \dedic auon\kaupakuealtr. wpd
RCS. 6-99 File No. QO(• SUlzi
Date ! AI's/ � 0 4 1999 o-a
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AFTER RECORDATION, RETURN BY: MAIL (X) PICKUP ( )
MAUNA KEA AGRIBUSINESS
P.O. Box 1826 = . K.Stn aw - a =-= :=': ; -• ,• :.
Honolulu, HI 96805 ;
Attn: R. V. Armstrong :•,..: :_ ,_::,::.., _ ., _....
T ITLE OF DOCUMENT: Total No. of Pages: IS
DEDICATION DEED
•
PARTIES TO DOCUMENT AND ADDRESSES:
"Grantor ":MAUNA KEA AGRIBUSINESS CO., INC., a Hawaii corporation, having its
principal place of business at 27 -256 Old Mamalahoa Highway, Hilo,
Hawaii, and the post office address of which is P.O. Box 1826,
Papaikou, HI 96781 -1826
"Grantee ":COUNTY OF HAWAII, having its principal place of business and post
office post office address at 25 Aupuni Street, HI 96720
PROPERTY DESCRIPTION: )
Property situated at Makahanaloa, )
South Hilo, Hawaii, more particu )
larly described in Exhibits "A" �
and "B "attached hereto )
TMKS: )
EXHIBIT `A':
(3)2 -8- 009- 001por. and �
(3)2- 8- 007 0 )
EXHIBIT 'B': )
(3)2- 8- 003- 001por.
DEDICATION DEED
THIS DEED, made this day of November, 1998, by MAUNA
KEA AGRIBUSINESS CO., INC., a Hawaii corporation, having its
principal place of business at 27 -256 Old Mamalahoa Highway, Hilo,
Hawaii, and the post office address of which is P.O. Box 1826,
Papaikou, HI 96781 -1826, hereinafter called the "Grantor ", and the
COUNTY OF HAWAII, a municipal corporation whose principal place of
business and mailing 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, those certain parcels of land sometimes
referred to as the "Kaupakua Homestead Road ", more particularly
described in Exhibit "A ", and "Kaupakuea Homestead Road
Extension ", more particularly described in Exhibit "B ", both of
which are attached hereto and 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 use, forever.
AND, in consideration of the premises, the Grantor does
hereby covenant with the Grantee that the Grantor is seised of
the property herein described in fee simple; that said property
is free and clear of and from all liens and encumbrances, except
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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.
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.
MAUNA AGRIBUS SS CO., INC.
By ¢ )
nt T. Lucien
Its Viicee President
By
Rich . strong
Its Assistant Treasurer
"Grantor"
- 2-
STATE OF HAWAII
) SS:
COUNTY OF HAWAII
On this (a day of November, 1998, before me KENT T.
LUCIEN and RICHARD V. ARMSTRONG, to me personally known, who,
being by me duly sworn, did say that they are the Vice President
and Assistant Treasurer, respectively, of MAUNA KEA AGRIBUSINESS
CO., INC., a Hawaii corporation, and that the foregoing instrument
was signed in behalf of said corporation by authority of its Board
of Directors; and said officers acknowledged said instrument to be
the free act and deed of said corporation.
t omuunnill op
` � a LA / H � A �ii � L d Lai p
S a77. L Notary Pu State of Hawaii
My commission expires: 6 -28 -2000
Punt 1
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•
DESCRIPTION OF
KAUPAKUEA HOMESTEAD ROAD
Situated at Kaupakuea, Kahua 1 &2, Makahanaloa
South Hilo, Island of Hawaii, Hawaii
Being portions of Royal Patent 7192, Land Commission
Award 8559 -B, Apana 17 and Apana 18 to W. C. Lunalilo
And Royal Patent 8164, Land Commission
Award 5663, Apana 1 to Kahonu
Being, also, portions of Grant 1158 to John Pelham
Grant 194 to John Ely and Grant 872 to Emma Metcalf
Being . a road right -of -way, 50 feet wide,for access and utility purposes, more
particularly described as follows:
Beginning at the southeasterly corner of this parcel of land, on the westerly side of
Hawaii Belt Road, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "ALALA" being 1620.81 feet North and 1922.16 feet East,
thence running by azimuths measured clockwise from True South:
1. 3 56' 110.00 feet along the westerly side of Hawaii Belt Road
2. Along the remainder of R.P. 7192, L. C. Aw. 8559 -B, Ap. 17 and 18 to W C
Lunalilo on a curve to the left with a radius
of 30.00 feet, the chord azimuth and
distance being:
138° 56' 42.43 feet;
3. 93 56' 52.59 feet along same;
4. Thence along same on a curve to the lezft with th a and radius of 175.00 fet, the chord
860 26' 45" 45.61 feet:
5. 78° 57' 30" 167.30 feet along same:
EXHIBIT "A"
Paae 1 of 6 Kaupakuea Homesteas _aC)
6 Thence along same on a curve to the right with a radius of 625.00 feet, the chord
azimuth and distance being:
83 13' 45" 93.09 feet,
7. 87 30' 273.00 feet along same,
8. Thence along same on a curve to the left with a radius of 975.00 feet, the chord
azimuth and distance being:
83 42' 129.23 feet;
9. 79 54' 303.50 feet along same;
10. Thence along same on a curve to the right with a radius of 825.00 feet, the chord
azimuth and distance being:
84 49' 30" 141.66 feet;
11. 89 45' 106.40 feet along same;
12. Thence along same on a curve to the left with a radius of 175.00 feet, the chord
azimuth and distance being:
75 00' 89 11 feet;
13. 60 15' 112.88 feet along same;
14. Thence along same on a curve to the right with a radius of 325 00 feet, the chord
azimuth and distance being
74 09' 156.15 feet;
15. 88 03' 273.22 feet along same,
16. Thence along same on a curve to the left with a radius of 431.62 feet, the chord
azimuth and distance being:
78° 58' 136.28 feet;
17 69 53' 93.60 feet along same,
18 Thence along the remainders of R.P. 7192, L.C. Aw. 8559 -B, Ap. 17 and 18 to
W.C. Lunalilo, and Grant 1158 to John
Pelham on a curve to the right with a radius
of 205.00 feet, the chord azimuth and
distance being
118° 31' 30" 307 74 feet:
19 167 10' 333.20 feet along the remainders of Grant 1158 to John
Pelham and R P 8164, L C Aw 5663 Ap
1 to Kahonu,
/ O EXHIBIT "A"
4r Page 2 of 6 Kaupakuea Hernesteac RcaD
O O
20. Thence along the remainders of R.P. Grant 194 to John Ely on a curve to the left
with a radius of 315.00 feet, the chord
azimuth and distance being:
150° 35' 179.81 feet:
21 134° 00' 218.10 feet along n the remainder of Grant 194 to John
22. Thence along same on a curve to the llezft with radius
distance b .00 feet, the chord
120° 30' 128.39 feet;
23. 107° 00' 178.50 feet along the remainders of Grant 194 to John
Ely and Grant 872 to Emma Metcalf;
24. Thence along the remainder of Grant 8 2 tor Emma of etcalf n atcury to othe right
ith a azimuth and distance being:
• 120° 22' 30" 210.50 feet;
25. 133° 45' 593.50 feet along same;
26. Thence along same on a curve to the left with
uth and distance 5 00 feet, the chord
104° 07' 30" 222.44 feet;
27. 74 30' 333.00 feet along same;
28. Thence along same on a curve to the right with a radius of 1575.00 feet, the chord
azimuth and distance being:
83° 45' 506.34 feet:
29. 93° 00' 1500.00 feet along same;
• 30. Thence along same on a curve to the azimu i th ari r a d i us
stan 375.00 g: feet, the chord
78° 20' 189.90 feet:
31. 63° 40' 1040.00 feet along same:
32. Thence along same on a curve to the right with
and radius of 425.0 feet, the chord
64° 52' 269.11 feet,
33. 66° 04' 184.49 feet along same:
EXHIBIT "A"
Page 3 of 6 ''audakuea Homesteac =cad
34 Thence along same on a curve to the right with a radius of 4025.00 feet, the chord
azimuth and distance being:
67 51' 250.52 feet;
35. 69° 38' 1421.85 feet along same;
36. 161° 31' 50.03 feet along Kaupakuea Homesteads;
37. 249° 38' 1420.21 feet along the remainder of Grant 872 to Emma
Metcalf;
38. Thence along same on a curve to the left with a radius of 3975.00 feet, the chord
azimuth and distance being:
247° 51' 247.40 feet;
39. 246° 04' 184.49 feet along same;
40. Thence along same on a curve to the left with a radius of 6375.00 feet, the chord
azimuth and distance being:
244° 52' 267.02 feet;
41. 243° 40' 1040.00 feet along same;
42. Thence along same on a curve to the right left with a radius of 425.00 feet, the
chord azimuth and distance being:
258° 20' 215.22 feet;
43. 273° 00' 1500.00 feet along same;
44. Thence along same on a curve to the left with a radius of 1525.00 feet, the chord
azimuth and distance being:
263° 45' 490.26 feet;
45. 254° 30' 333.00 feet along same;
46. Thence along same on a curve to the right with a radius of 275.00 feet, the chord
azimuth and distance being:
284° 07' 30" 271 88 feet,
47. 313° 45' 593.50 feet along same,
48 Thence along same on a curve to the left with a radius of 405 00 feet, the chord
azimuth and distance being:
300° 22' 30" 187.37 feet.
49 287° 00' 178 50 feet along the remainders of Grant 872 to Emma
Metcalf and Grant 194 to John Ely,
O EXHIBIT "A" l/�/
Pace 4 of 6 rKaupa uea Hcmes :eac ReaL
p 41
0
a
50 Thence along the remainder of Grant 194 to John Ely on a curve to the right with
a radius of 325.00 feet, the chord azimuth
and distance being:
300 30' 151 74 feet:
51 314° 00' 218.10 feet along same:
52. Thence along the remainders of Grant 194 to John Ely and R.P. 8164, L. C. Aw.
5663, Ap. 1 to Kahonu on a curve to the
right with a radius of 365.00 feet, the chord
azimuth and distance being:
330° 35' 208.35 feet; .P. 8164, L. C.
53. 347 10' 333.20 feet Aw. along remainders
and Grant 1158
to John Pelham;
54. Thence along the remainders of Grant 1158 to John Pelham and R.P. 7192, L. C.
Aw. 8559 -B, Ap. 17 and 18 to W. C. Lunalilo
on a curve to the left with a radius of 155.00
feet, the chord azimuth and distance being:
298.° 31' 30" 232.68 feet:
55. 249° 53' 170.60 feet along the remainder of R.P. 7192, L. C Aw
8559 -B, Ap. 17 and 18 to W.C. Lunalilo,
56. 268° 03' 350.22 feet along same;
57. Thence along same on a curve to the left with a radius of 275.00 feet, the chord
azimuth and distance being:
254° 09' 132.13 feet;
58. 240° 15' 112.88 feet along same:
59. Thence along same on a curve to the right with a radius of 225.00 feet, the chord
azimuth and distance being:
255° 00' 114.57 feet;
60. 269° 45' 106.40 feet along same;
61. Thence along same on a curve to the left with a radius of 775 00 feet, the chord
azimuth and distance being:
264° 49' 30" 133 07 feet;
62 259° 54' 303.50 feet along same:
EXHIBIT "A"
Page 5 of 6 (Kaupakuea Homestead Paso:
63 Thence along same on a curve to the right with a radius of 1025.00 feet, the chord
azimuth and distance being:
263° 42' 135.86 feet;
64. 267° 30' 273.00 feet along same;
65. Thence along same on a curve to the left with a radius of 575.00 feet, the chord
azimuth and distance being:
263° 13' 45" 85.64 feet;
66. 258° 57' 30" 312.97 feet along same to the point of beginning and
containing an Area of 11.925 Acres
1001 Bishop Street GE t't' M4S M&E Pacific, Inc.
Honolulu, Hawaii le
November 2, 1998 1 uC9+eW 17
PROFESSONAL ° acate -..--. /Li. AT / 1„,......44---.
LAW * a C y * Licensed Professional Land Surveyor
NO. 4 722 Certificate No. 4722
4 '' 4 WAn. O
SUBJECT, HOWVER, to the reservation of mineral and metallic
mines in favor of the State of Hawaii.
0 EXHIBIT "A"
r Page 6 of 6 ,Kaucax..ea Homestead Rc�
0 0
DESCRIPTION OF
KAUPAKUEA HOMESTEAD ROAD EXTENSION
Situated at Makahanaloa, South Hilo, Hawaii
Being a portion of Royal Patent 7192, Land Commission
Award 8559 -B, Apana 17 and Apana 18
to W. C. Lunalilo
Being a road right -of -way, 50 feet wide for access and utility purposes, more
particularly described as follows:
Beginning at the northeasterly corner of this parcel of land, on the southerly side
of Kaupakuea Homestead Road, being also the northwesterly corner of Lot 14 -B of
Kaupakuea Homestead, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "ALALA' being 445.96 feet South and
10,487.36 feet West, thence running by azimuths measured clockwise from True
South:
Along Lot 14 -B of Kaupakuea Homestead
along the top of bank, the direct azimuth
and distance being:
1. 320° 06' 21.95 feet;
2. 66° 28' 123.15 feet 8559 B, Ap. remainder 7�& 18 to W. C. L Lunalilo;
A
lo;
3. Thence along same on a curve to the right with a radius of 230.00 feet, the chord
azimuth and distance being:
780 05' 92.63 feet;
4 890 42' 103.00 feet along same;
EXHIBIT "B"
Page 1 of 5
(Kaupakuea Homestead Road Extension)
5 Thence along same on a curve to the left with a radius of 180.00 feet, the chord
azimuth and distance being:
75 12' 90.14 feet;
6 60° 42' 76.00 feet along same;
7 Thence along same on a curve to the right with a radius of 230.00 feet, the chord
azimuth and distance being:
74° 03' 106.21 feet;
8. 87° 24' 108.00 feet along same;
9. Thence along same on a curve to the left with a radius of 240.00 feet, the chord
azimuth and distance being:
76° 31' 90.63 feet;
10. 65° 38' 223.00 feet along same;
11 Thence along same on a curve to the right with a radius of 290.00 feet, the chord
azimuth and distance being:
80° 05' 144.73 feet;
12. 94° 32' 125.00 feet along same;
13. Thence along same on a curve to the left with a radius of 280.00 feet, the chord
azimuth and distance being:
85° 14' 90.50 feet;
14. 75° 56' 125.00 feet along same;
15 Thence along same on a curve to the left with a radius of 460.00 feet, the chord
azimuth and distance being:
68 53' 112.92 feet;
16. 61° 50' 330.00 feet along same;
17. Thence along same on a curve to the left with a radius of 620.00 feet, the chord
azimuth and distance being:
55° 40' 133.20 feet,
18 Thence along same on a curve to the right with a radius of 290.00 feet, the chord
azimuth and distance being
64° 10' 146.85 feet,
19 78 50' 187.00 feet along same,
EXHIBIT "B"
Page 2 of 5
O(Kaupakuea Homestead Road Extension°
0 0
20 Thence along same on a curve to the azimuth right with a radius
o 3 9 feet, the chord
85 20' 74.71 feet;
21. 91 50' 138.00 feet along same;
22. Thence along same on a curve to the azn nuith th a and distance of 600.00gfeet, the chord
88° 36' 30" 67.51 feet;
23. 85° 23' 127.00 feet along same;
24. Thence along same on a curve to the a leeft with and distance of 60b 00 the chord
710 43' 283.53 feet;
25. 58 03' 148.00 feet along same; h a 26. Thence along same on a curve to the leftrtwith and distance of 1 00.00 g: feet, the chord
33 12' 30" 84.02 feet;
27. 98 22' 50.00 feet along same,
28. Thence along same on a curve to the right wi
and radius
of 150.00 feet, the chord
azimuth 197° 43' 40" 48.80 feet;
29. Thence along same on a curve to the left wi th a and radius of 2 .00 feet, the chord
173 30' 51.5" 22.12 feet;
30. 139 56' 23" 77.00 feet along same;
31. 230° 09' 50.00 feet along Lot 1 of Kaupakuea Homestead;
32. 319° 56' 23" 65.17 feet 8559 B, Ap. 18 to WP Aw.
C. Lunalilo;
lo;
33. Thence along same on a curve to the left th a and radius of 20.00 .00 feet, the chord being:
2780 59' 41.5" 26.21 feet;
34. 238° 03' 148.00 feet along same;
• EXHIBIT "B"
Page 3 of 5
(Kaupakuea Homestead Road Extension)
35 Thence along same on a curve to the right with a radius of 650.00 feet, the chord
azimuth and distance being:
251° 43' 307.16 feet;
36. 265° 23' 127.00 feet along same;
37 Thence along same on a curve to the right with a radius of 650.00 feet, the chord
azimuth and distance being:
268° 36' 30' 73.13 feet;
38. 271° 50' 138.00 feet along same;
39 Thence along same on a curve to the left with a radius of 280.00 feet, the chord
azimuth and distance being:
265° 20' 63.39 feet;
•
40. 258° 50' 187.00 feet along same;
41. Thence along same on a curve to the left with a radius of 240.00 feet, the chord
azimuth and distance being:
244° 10' 121.53 feet;
42 Thence along same on a curve to the right with a radius of 670.00 feet, the chord
azimuth and distance being
235° 40' 143.94 feet;
43. 241° 50' 330.00 feet along same;
44. Thence along same on a curve to the right with a radius of 510.00 feet, the chord
azimuth and distance being:
248° 53' 125 19 feet;
45. 255° 56' 125.00 feet along same;
46. Thence along same on a curve to the right with a radius of 330.00 feet, the chord
azimuth and distance being:
265° 14' 106.66 feet;
47. 274° 32' 125.00 feet along same;
48 Thence along same on a curve to the left with a radius of 240 00 feet, the chord
azimuth and distance being:
260° 05' 119 78 feet,
49 245° 38' 223 00 feet along same,
E" -TWIT "B" Page 4 of 5
(Kaupakuea Homestead Road Extensior'
CJ
O O
50 Thence along same on a curve to the right with a radius of 290.00 feet, the chord
azimuth and distance being:
256° 31' 109 51 feet,
51. 267° 24' 108.00 feet along same;
52. Thence along same on a curve to the left ii
with
and distance of 180.00 g feet, the chord
254° 03' 83.12 feet;
53. 240° 42' 76.00 feet along same;
54. Thence along same on a curve to the right with a radius of 230.00 feet, the chord
azimuth and distance being:
255° 12' 115.18 feet;
55. 269° 42' 103.00 feet along same;
56. Thence along same on a curve to the left ith and distance of 180.00 g feet, the chord
258° 05' 72.49 feet;
57. 246° 28' 45.52 feet along same;
58. 268° 31' 77 08 feet along the southerly side of Kaupakuea
Homestead Road to the point of beginning
and containing an Area of 3.936 Acres.
xxpE M Mss
G
1001 Bishop Street S� M &E Pacific, Inc.
Honolulu, Hawaii Luc
2, 1998, * ,p
4( tro. am vC ..4c4.s4.kti /1 . 1'9. --
1 7:4 , V S Licensed Land Surveyor
Certificate No 4722
SUBJECT, HOWEVER, to the reservation of all mineral and
metallic mines to the State of Hawaii.
SUBJECT, ALSO, to existing 10 -foot wide roadway, as shown on
survey map dated July 27, 1998, prepared by Laurance M. Masuda
aforesaid.
EXHIBIT "B"
Page 5 of 5
(Kaupakuea Homestead Road Extension)