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HomeMy WebLinkAboutRES 321 Draft 01 1998-2000RESOLUTION NO. RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS WITHIN KALOKO BUSINESS PARK; PHASE II, FROM TSA INTERNATIONAL, LIMITED, TAX MAP KEYS (3)7 -3- 051:098 AND (3)7- 3- 051:062; TO THE COUNTY OF HAWAII. WHEREAS, TSA International, Limited ( "TSA") is the developer of Kaloko Business Park, Phase II, and the owner of those certain roadway lots located in North Kona, Hawaii, specifically identified as Tax Map Keys.(3)7 -3- 051:098 and (3)7 -3- 051:062, more particularly described in the attached dedication deed. (Exhibit A) and delineated on the dedication map (Exhibit B) attached hereto; and WHEREAS, TSA, the developer, has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, TSA has received approval from the County of Hawai`i's Department of Public Works, Department of Water Supply and the Planning Department for the improvements made to the subject property, and is desirous of dedicating the subject parcels, including all improvements thereon; to the County of Hawaii for road and drainage purposes; and ; WHEREAS, the subject road.and drainage improvements have been completed according to County of Hawaii standards, are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and WHEREAS, Section 23 -10 of the Hawaii County. Code requires that the acceptance of . such road and drainage improvements be in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and WHEREAS, Article XIII, Section 13 -1.2 of the Hawaii County Charter, provides that the Council may accept gifts which include the dedication of land on behalf of the County of Hawaii; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII; in accordance with Article XIII, Section 13 -12 of the Hawaii County Charter and Section 23 -10 of the Hawaii County Code, that the County of Hawaii accepts the real property described in the attached dedication deed and more specifically identified as Tax Map Keys (3)7 -3- 051:098 and (3)7 -3- 051:062, including all improvements thereon, for public road and drainage purposes. DATED: Hilo, Hawai`i,_ COUNTY COUNCIL County of Hawaii Hilo; Hawaii I hereby certify that the foregoing RESOLUTION was by. the .vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: ROLL CALL VOTE AYES NOES ABS EX ARAKAKI CHUNG ELARIONOFF JACOBSON LEITHEAD -TODD PISICCHIO SMITH TYLER YAGONG Reference C - 917 / PIMPC 321 0® COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. IW� r AFTER RECORDATION, RETURN BY MAIL [ ] PICK -UP [ ] County of Hawaii Office of the Corporation Counsel Hilo Lagoon Centre 101 Aupuni Street, Suite 325 Total No. of Pages: Hilo. Hawaii 96720 TITLE OF DOCUMENT: DEDICATION DEED PARTIES TO DOCUMENT: GRANTOR: TSA INTERNATIONAL, LIMITED, a Hawaii corporation 1441 Kapiolani Boulevard, Suite 1905 Honolulu, Hawaii 96814 GRANTEE: COUNTY OF HAWAII, a municipal corporation 25 Aupuni Street Hilo, Hawaii 96720 PROPERTY DESCRIPTION: LIBER PAGE DOCUMENT NO.: Roadway Lots B -37, B -38, C -39,: C -40, C -41, C -42 and the LAND COURT DOCUMENT NO.: N/A Kamanu Street Extension Kaloko Business Park TRANSFER CERTIFICATE OF County of Hawaii TITLE NO(S).: N/A State of Hawaii TAX KAP.KEY: (3)7 -3- 051- 098(ROADWAY); 7 -3- 051- 062(ROADWAY) dedication EXHIBIT "A" DEDICATION DEED KNOW ALL MEN BY THESE PRESENTS: THIS DEDICATION DEED is made as of .the day of , 2000, by TSA INTERNATIONAL, LIMITED, a Hawaii corporation, whose post office address is 1441 Kapiolani Boulevard, Suite 1905, Honolulu, Hawaii 96814 (hereinafter called the "Grantor "), and the COUNTY OF HAWAII, a municipal corporation, whose 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, all of that certain real property designated as Roadway Lots B -37,, B -38, C -39, C -40, C -41, C -42, and the Kamanu Street Extension of the Kaloko Business Park, situate at Kaloko, District of North Kona, Island, County and State. of Hawaii, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof. 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. dedication -2- 1' i TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed therewith, unto the Grantee for public street purposes, 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 for the lien of real property taxes not yet by law required to be paid, and except as may be set forth in said Exhibit " A " ; 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 Grantee against all lawful claims and demands of all persons, except as aforesaid. The rights and obligations of the Grantor and /or the Grantee shall be binding upon and inure to the benefit of the Grantor and /or the Grantee and their respective successors and assigns. DedDeed.001 — 3 — Y . • IN WITNESS WHEREOF, the Grantor has executed these presents as of the day and year first above written. Grantor TSA INTERNATIONAL,,LIMITED, a Hawaii Corporation By Name: Hid 7 Oi Hayashi Its: Vi e President APPROVED AS TO FORM: Corporation Counsel DedDeed.001 - 4 — 11 STATE OF HAWAII ) SS. CITY AND COUNTY OF HONOLULU ) On this day of me appeared HIDEKI HAYASHI, to me me duly sworn or affirmed, did, foregoing instrument as his /her applicable, in the capacity shown, . 2000, before personally known, who, being by say that he /she executed the free act and deed, and if having been duly authorized to execute such instrument in such capacity. dedication otary Public, in n for said County and State Print Name: gt5r p V-- $. C;�G,ayeoy My commission expires: 51coa3 -5- EXHIBIT .:'A" - PARCEL FIRST:- That certain parcel of land situated about 350 feet South of Hina Lani Street and is the extension of Olowalu Street and adjoining the existing Kaloko Light Industrial Subdivision at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot B -37 of the Kaloko Business Park, a portion of Lot B, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southwest corner of this Roadway parcel of land, being on the South side of Olowalu Street and the North side of Existing Lot 22, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,395.76 feet South and 22,709.70 feet West and running by azimuth measured clockwise from True South: 1. 159° 19' 60.00 feet crossing the end of the existing Olowalu Street to a point; Thence, along Lots B -6, B -5, B- 4 and B -3 along a curve to the right having a radius of 3,030.00 feet, the chord azimuth and distance being; 2. 254 05' 42.5" 504.80 feet 3. 258 52' 24" 320.93 feet to a point; along Lot B -3, B -2 and B -1 to a point; Thence, along Lot B -1, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being, Exhibit "A" Page 1 of 10 dedication MUM • 4. 5. 6. 7. 213 52' 24" 42.43 feet 348 52' 24" 120.00 feet to a point; along the West side of Kamanu Street (Lot C -44) to a point; Thence, along Lot B -12, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; to a point; along Lots B -12 and B -11 to a point, Thence, along Lots B -9, B -8 and B -7, along a curve to the left having a radius of 2,970.00 feet, the chord azimuth and distance being; to the point of beginning and containing an area of 51,465 square feet. 123 52' 24" 42.43 feet 78 52' 24" 320.93 feet 8. 74 05' 42.5 494.81 feet - PARCEL SECOND:- That certain parcel of land situated about 1100 feet South of Hina Lani Street and is the extension of Kauhola Street and adjoining the existing Kaloko Light Industrial Subdivision at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot B -38 of the Kaloko Business Park, a portion of Lot B, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described.as follows: Beginning at the Southwest corner of this Roadway parcel of land, being the Northwest corner of Lot B -20, the Northeast Exhibit "A" Page 2 of 10 dedication —7 — 6 corner of Lot 31 on the South side of Kauhola Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 18,115.46 feet South and 22,558.59 feet West and, running by azimuths measured clockwise from True South: 1. 165 01' 36" 60.00, feet crossing the end of the existing Kauhola .Street to a point; Thence, along Lots B -19, B -18 and B -17 along a curve to the right having a radius of 4,030.00 feet, this chord azimuth and distance being; 2. 256 36' 00.5" 319.50 feet to a point; 3. 258 52' 24" 489.42 feet along Lots B -17, B -16, B -15 and B -14 to a point; Thence, along Lot B -14, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 4. 213 52' 24" 42.43 feet to a point; 5. 348 52' 24" 120.00 feet along the West side of Kamanu Street (Lot C -44) to a point; Thence, along Lot B -25, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 6. 123 52' 24" 42.43 feet to a point; 7. 78 52' 24" 489.42 feet along Lots B -25, B -24, B -23 and B -21 to a point; Exhibit "A" Page 3 of 10 dedication -8- 0 Thence, along Lots B -21 and B -20, along a curve to the left having a radius of 3,970.00 feet, the chord azimuth and distance being, 8. 76 35' 44.5" 315.47 feet to the point or beginning and containing an area of 50,605 square feet. - PARCEL THIRD: - That certain parcel of land situated about 350 feet South of Hina Lani Street on the East side of Kamanu Street (Road Lot C- 44) and also on the extension of Olowalu Street at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C -39 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana it to Lota Kamehameha, and more particularly described as follows: Beginning at the Southeast corner of this Roadway parcel of land, being the Northeast corner of Lot C -31, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,155.25 feet South and 21,700.44 feet West and running by azimuth measured clockwise from True South: 1.' 78 52 24" 102.68 feet along Lot C -31 to a point; Thence, along Lot C -31, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 2. 33 52' 24" 42.43 feet 3. 168 52' 24" 90.00 feet to a point; along the East side of Kamanu Street to a point, Exhibit "A" Page 4 of 10 -9- dedication a 0 4. 258 52' 24" 132.68 feet S. 348 52' 24" 60.00 feet - PARCEL FOURTH: - u along Lot F to a point; along Lot F to the point of beginning and containing an area of 8,154 square feet. That certain parcel of land situated about 1100 feet South of Hina Lani Street on the East side of Kamanu Street (Road Lot C -44) and also on the extension of Kauhola Street at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C -40 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana it to Lota Kamehameha, and more particularly described as follows: Beginning at the Southeast corner of this Roadway parcel of land, being the, Northeast corner of Lot C -33, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 17,904.91 feet South and 21,553.00 feet West and running by azimuths measured clockwise from True South: 1. 78 52' 24" 102.68 feet along Lot C -33 to a point, Thence, along Lot C -33, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 2. 33 0 52 1 24" .42.43 feet 3. 168 52 1 24" 120.00 feet to a point;. along the East side of Kamanu Street to a point; Thence, along Lot C -32, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; Exhibit "A" Page 5 of 10 dedication -10- 4. 303 52' 2,4" 42.43 feet 5. 258 52' 24" 102.68 feet 6. 348 52' 24" 60.00 feet - PARCEL FIFTH:- • to a point; along Lot C -32 to a point; along Lot F to the point of beginning and containing an area of 8,347 square feet. That certain parcel of land situated about 1900 feet south of Hina Lani Street on the east side of Kamanu Street (Road Lot C -44) and also on the extension of Maiau Street at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C -41 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southeast corner of this Roadway parcel of land, being the Northeast corner of Lot C -35, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 18,650.66 feet South and 21,406.33 feet West and running by azimuths measured clockwise from True South: 1. 78 52' 24" 102.68 feet along Lot C -35 to a point; Thence, along Lot C -35, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 2. 33 52' 24" 42.43 feet 3. 168 52' 24" 120.00 feet to a point; along the East side of Kamanu Street to a point; Exhibit "A" Page 6 of 10 dedication — 11— Thence, along Lot C -34, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being; 4. 303 52' 24" 42.43 feet S. 258 52' 24" 102.68 feet 6. 348 52' 24" 60.00 feet - PARCEL SIXTH:- to a point; along Lot C -34 to a point; along Lot F to the point of beginning and containing an area of 8,347 square feet. That certain parcel of land situated about 2600 feet South of Hina Lani Street and about 900 feet Southeast of the existing Kaloko Light Industrial Subdivision on the East side of Kamanu Street (Lot C -44) at Kaloko, North Kona, Hawaii, Hawaii, being Roadway Lot C -42 of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Northeast corner of this Roadway parcel of land, being the Southeast corner of Lot C -36, the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 19,337.52 feet South and 21,271.24 feet West and running by azimuths measured clockwise from True South: 1. 348 52' 24" 56.98 feet along Lot F to a point; 2. 78 0 52 24" 132.68 feet 3. 168 52' 24" 86.98 feet along Lot F to a point; along the East side of Kamanu Street to a point, Exhibit "A" Page 7 of 10 dedi6ation -12- Thence, along Lot C -36, along a curve to the left having a radius of 30.00 feet, the chord azimuth and distance being, 4. 303 52' 24" 42.43 feet 5. 258 52' 24" 102.68 feet - PARCEL SEVENTH:- to a point; along Lot C -36 to the point of beginning and containing an area of 7,753 square feet. That certain road situated South of the junction of Kamanu and Maiau Streets about 800 feet east of the existing Kaloko Light Industrial Subdivision at Kaloko, North Kona, Hawaii, Hawaii, being an extension of Kamanu Street of the Kaloko Business Park, a portion of Lot C, and a portion of Royal Patent 8214, Land Commission Award 7715, Apana 11 to Lota Kamehameha, and more particularly described as follows: Beginning at the Southwest corner of this Roadway parcel of land, being an Easterly corner of Lot A and a Westerly corner of Lot F, the coordinates of said point of beginning referred to Government Survey Triangulation Station "'MOANUTAHEA" being 19,430.61 feet south and 21,449.30 feet West and running by azimuths measured clockwise from True South: 1. 168 52' 24" 727.00 feet 2. 258 52' 24" 60.00 feet 3. 348 52' 24" 727.00 feet along Lot A to a point; along the existing end of Kamanu Street to a point; along Lot C -35, Lot C -36 and Road Lot C -42 to a point; Exhibit "A" Page 8 of 10 dedication -13- 4. 78 52' 24" 60.00 feet along Lot F to a point of beginning and containing an area of 43,620 square feet or 1.001 acres. Being a portion of the premises described in Warranty Deed dated March 3, 1981, recorded in said Bureau in Liber 15506, Page 421; and in Warranty Deed dated March 11, 1981, recorded in said Bureau in Liber. 15506, Page 432. SUBJECT, HOWEVER, to the following: 1. Any and all real property taxes assessed for the current tax year but not yet due and payable. 2. The terms and provisions, including the failure to comply with.any covenants, conditions and reservations, contained in MASTER DECLARATION OF RESTRICTIVE COVENANTS dated March 4, 1991, recorded in said Bureau as Document No. 91- 041779, as amended by instrument dated July 30, 1993, recorded in said Bureau as Document No. 93- 128138. 3. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in DECLARATION OF RESTRICTIVE COVENANTS dated August 6, 1993, recorded in said Bureau as Document No. 93- 128141. . 4. The terms and provisions, including the failure to comply with any covenants, conditions and reservations contained in AGREEMENT between TSA INTERNATIONAL, LIMITED, a Hawaii corporation, and COSTCO WHOLESALE CORPORATION, a Washington corporation, dated August 6, 1993, recorded in said Bureau as Document No. 93- 128148, regarding the proration of the Assessment between the lots owned by the parties. Exhibit "A" Page 9 of 10 dedication — 14 — • 0 5. Ordinance No. 99 -115 dated November 17, 1999, recorded in said Bureau as Document No. 99- 200860, by the COUNCIL OF THE COUNTY OF HAWAII. 6. Certificate of Assessment Lien dated November 17, 1999, recorded in said Bureau as Document No. 99- 200861, by the COUNTY OF HAWAII. 7. Grant of Easement dated August 18, 1999, in favor of HAWAII ELECTRIC LIGHT COMPANY, INC, a Hawaii corporation, and GTE HAWAIIAN TELEPHONE COMPANY, INCORPORATED, a Hawaii corporation, recorded in said Bureau as Document Nos. 99 -15528 to 99- 15530. 8. Grant of Easement and Bill of Sale dated November 9, 1999, in favor of WATER COMMISSION OF THE COUNTY OF HAWAII, recorded in said Bureau as Document No. 99- 188762. 9. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in DECLARATION OF RESTRICTIVE COVENANTS KALOKO LIGHT INDUSTRIAL PARK UNIT II, dated October 27, 1999, recorded in said Bureau as Document No. 99- 191917. END OF EXHIBIT " A " Exhibit "A" Page 10 of 10 dedication -15- W b < • �h I L a K A L O K O L I G H T < Y Z O 2 I N u s T R I A L P A R K XA,MIAIVI STREET > LOT 0-3f =0 LOT 0-40-\ RM LOf "I a= LOT "2 I LOr "I LOT 0-U If LOT O-w LOr as LOT 0-n LOT 0-w LOf 0-4 /urANU ME" i Z/7.46 Zo /./6 LOT 6-1 LOf 6�= LOT 6. �' 14 LOf 0-0 LOr 6.2s LOf e-QT KAMNN STREET EXTENSION (ROAD F LOT B-2 LOf "I S LOT "4 LOT 0 BUNS • C O S T C O LOT s 3 LOT "s ; LOr 0.0 LOT 0-29 LOr W4 LOT 6.4 /86• Z5" LOf " LO< bi LOT "I LOT B-30 Lar 6-s LOr 8-18 LOT 6-T LOT 0-s tt LOr 6-19 d Q0 4 ` DEDICATION LOCATION MAP KALOKO BUSINESS PARK KALOKO, NORTH KONA, ISLAND OF HAWAII, HAWAII TO BE DEDICATED: LOT B-37, along with 3 drywells LOT B-38, along with 4 drywells LOT C-39 & lot C-40 LOT C-41, along with 1 drywell LOT C-42, along with 1 drywell And KAMANU STREET EXTENSION (ROAD F) TYPE OF ROAD: 60 Ft right -of -way with 20-Ft. wide A.C. pavement (2') Z with paved shoulders and paved swales. E u LENGTH OF ROAD: 2955 Linear Feet � 0 NO. OF LOTS: 36 Limited Industrial (1 Acre) o cu N O TAX MAP KEY: 7 -3- 51:61, & 62 EXHIBIT "B"