HomeMy WebLinkAboutCOM 0128.000 1998-2000 it es
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Stephen K. Yatnashiro Richard Wurdeman
Mayor Corporation Coansel
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OFFICE OF THE COEtPORA.TION COIJ}~1SEL
101 Aupuni Street, Suite 375 • Hilo, Hawaii %720.4262 • (808) %t-8253 Faz 1808) 961-8611
January 28, 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: Sunset Ridee at Waikoloa. Phase 3. Unit 1
Grantor: Sunset Ridge Joint Venture
Tax Map KeY(316-8-032-Portion 046
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 Deparhnent 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) Christopher L. Lau, Towne Development of Hawaii, Inc., 220 South King
Street, Suite 2170, Honolulu, Hawaii 96813; (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 ~'~`s.~.--
G LD TAKASE
Deputy Corporation Counsel
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LAND COURT SYSTEM FGULAR SYSTEM
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TITLE OF DOCUMENT:
DEDICATION DEED
PARTIES TO DOCUMENTS:
GRANTOR: SUNSET RIDGE JOINT VENTURE, a Hawaii general partnership
GRANTEE: COUNTY OF HAWAII, whose address is 25 Aupuni
Street, Hilo, Hawaii, 96720
PROPERTY DESCRIPTION: LIBER/PAGE/DOCUMENT NO.:
See Exhibit "A"
DOCUMENT NO.:
TRANSFER CERTIFICATE OF
Island of Hawaii TITLE NO(S).:
DEDICATION DEED
THIS DEED, made this day of 1998, by SUNSET
RIDGE JOINT VENTURE, a Hawaii general partnership, whose principal place of business and
mailing address is 220 S. King Street, Suite 2170, Honolulu, Hawaii 96813, 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,"
WITNESSETH:
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 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 as may herein specifically be set
forth; that the Grantor has good right to sell and convey said property, as aforesaid; and that the
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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
intrust 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.
SUNSET RIDGE JOINT VENTURE, a Hawaii
general partnership, by TRI-SUNSET RIDGE
VENTURE, INC., a Hawaii corporation, its general
partner
ay _
Christopher L. Lau
Its Vice President
Grantor
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APPROVED AS TO FORM
AND LEGALITY:
By
Corporation Counsel
County of Hawaii
Date:
STATE OF HAWAII )
ss.
CITY AND COUNTY OF HONOLULU )
On this day of M~ , 1998, before me personally appeazed
CHRISTOPHER L. LAU, to me known, who, being by me duly sworn, did say that he is the Vice
President of TRI-SUNSET RIDGE VENTURE, Inc., a Hawaii corporation, a general partner of
SUNSET RIDGE JOINT VENTURE, a Hawaii general partnership, and that the foregoing
instrument was signed in behalf of said corporation by authority of its Boazd of Directors and in
behalf of said partnership; and said officer acknowledged the instrument to be the free act and deed
of said corporation and said partnership. ~ a y ~
,~~,\\~~~A S..C. ~Go,,/ Notary Public State of Hawaii
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EXHIBIT "A"
All of those certain pazcels of land situate at Waikoloa, District of South Kohala,
Island and County of Hawaii, State of Hawaii, being a portion of Royal Patent 5671, Land
Commission Awazd 8521-B, Apana 1 to G. D. Hueu, being more particulazly described as follows:
LOT 49, azea 19,050 square feet, more or less; and
LOT 50, area 14,550 square feet, more or less;
of the "SUNSET RIDGE AT WAIKOLOA. PHASE 3, UNIT 1 as shown on File Plan No. 2213.
filed in the Bureau of Conveyances of the State of Hawaii.
Together with all rights and privileges conferred upon owners of lots within the
Waikoloa Village Subdivision by that certain Declaration of Protective Covenants, Conditions and
Restrictions dated May 27, 1971, recorded in the Bureau of Conveyances of the State of Hawaii in
Liber 7577 at Page 66, as now or hereafrer amended and supplemented (the "Declazation"), the
aforementioned property being made subject thereto by supplemental Declazation dated Mazch 1,
1990, recorded as Document No. 90-029591; and
Being a portion of the land conveyed to Sunset Ridge Joint Venture, a Hawaii general
partnership, by Deed dated October 19, 1990, recorded in the Bureau of Conveyances of the State
of Hawaii as Document No. 90-163144.
Subject, However, to:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Covenants conditions and restrictions set forth in Declazation of Protective
Covenants dated May 27, 1971, recorded in Liber 7577 at Page 66, as supplemented by instruments
recorded in Liber 7577 at Page 94, in Liber 8026 at Page 291, in Liber 8306 at Page 196, in Liber
9360 at Page 369, in Liber 9794 at Page 32, in Liber 9956 at Page 597, in Liber 10701 at Page 5, in
Liber 10706 at Page 490, in Liber 13453 at Page 142, in Liber 13453 at Page 147, in Liber 13588
at Page 658, in Liber 13904 at Page 310, in Liber 14266 at Page 453, in Liber 15016 at Page 403,
in Liber 18999 at Page 418, in Liber 19199 at Page 37, in Liber 20893 at Page 418, in Liber 2 ] 761
at Page 582, and in Liber 22070 at Page 414, in Liber 22127 at Page 733, and in Liber 22361 at Page
1, in Liber 22791 at Page 30, in Liber 23172 at Page 387, in Liber 23172 at Page 414, in Liber 23182
at Page 398, in Liber 23806 at page 238, and recorded as Document No. 90-029591.
3. Covenants, agreements and obligations set forth in Deed dated March 1, 1990,
recorded as Document No. 90-029593.
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4. The terms and provisions, including the failure to comply with any covenants,
conditions and reservations, contained in that certain Agreement dated July 7, 1997, recorded as
Document No. 97-107217 between Waikoloa Development Co., a Hawaii limited partnership, TRI
of Waikoloa, Inc., a Hawaii corporation, and Sunset Ridge Joint Venture, a Hawaii general
partnership.
5. An easement for electrical purposes, in favor of Hawaii Electric Light Company,
Inc., a Hawaii corporation, dated ,recorded on , in the Bureau of
Conveyances of the State of Hawaii as Document No. , in, over and across the parcels
herein described.
6. An easement for construction, installation, reinstallation, operation, maintenance,
repair and removal of a water system, in favor of Waikoloa Water Co., Inc., a Hawaii corporation,
dated December 29, 1997, recorded on January 8, 1998, in the Bureau of Conveyances of the State
of Hawaii as Document No. 98-002609, in, under and across the pazcels herein described.
END OF EXHIBIT "A"
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