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Home My WebLink AboutRES 364 Draft 01 2014-2016COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 364 16 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO DISPOSE OF REAL PROPERTY, TAX MAP KEY (3) 4-5-019:020 (TANK SITE) SITUATED AT NAMOKU, HAMAKUA, ISLAND AND COUNTY OF HAWAII, TO THE WATER BOARD OF THE COUNTY OF HAWAII. A RESOULTION. WHEREAS, the County of Hawaii ("County") obtained a tank site with Tax Map Key (3) 4-5-019:020 ("tank site"), as described on Exhibit A attached hereto and incorporated herein by reference, and delineated on Exhibit B attached hereto and incorporated herein by reference, located in Namoku, Hamakua, Island, County and State of Hawaii, from Honoka`a Sugar Company in 1964 by deed dated November 2, 1964, and recorded on December 10, 1964 on Liber 4905, page 382, which is attached hereto and incorporated herein by reference as Exhibit C; and WHEREAS, the Department of Water Supply has operated and maintains the tank site, and is constructing improvements to the water system in Namoku, Hamakua, County and State of Hawaii; and WHEREAS, the Water Board of the County of Hawaii ("Water Board") has requested the transfer of legal ownership of the tank site from the County to the Water Board in order to coordinate improvements at the tank site with the other improvements to the water system in Namoku, Hamakua, Island, County and State of Hawaii; and WHEREAS, Section 2-120, Hawaii County Code, authorizes the Council to direct the Director of Finance to negotiate the disposal of real property of the County, under such terms and conditions of sale that are deemed proper, to governmental agencies including the Water Board of the County of Hawaii, now therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Finance Director is hereby authorized to negotiate the disposal of real property by sale in fee simple of the tank site (Tax Map Key (3) 4-5-019:020) to the Water Board of the County of Hawai`i for the sum of ONE DOLLAR ($1.00) pursuant to Section 2-120, Hawai`i County Code. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) Mayor William Kenoi; (2) Deanna Sako, Director of Finance; (3) Keith K. Okamoto, Manager, Department of Water Supply; and (4) Deputy Corporation Counsel Ronald Kim. Dated at Kona , Hawai`i, this 22nd day of January , 2016 . INTRODUCED BY: c.cidc-1.444..) I COUNCIL MEMBER, OUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i CHUNG X DAVID X I hereby certify that the foregoing RESOLUTION was by _ EOFF X the vote indicated to the right hereof adopted by the COUNCIL of theILAGAN X County of Hawaii on January 22, 2016 KANUHA X ONISHI X ATTEST: PALEKA X POINDEXTER X gr :::nce: 0 1 0 C-600/FC-45 COUNTY CLERK CHAIRPERS• &PR SIDING OFFICER RESOLUTION NO. 364 16 2 A'. A r > usER4905 PaCE'3i5 BOARD OF WATT:& SUPPLY COUNTY OF HAWAII TAS AND ROAD SASEMM TH=GH PORTION OF GRANT 1155 TO COFFINS IN NAMMKU, HANAKUA, HAWAII. TANK SITE Description Beginning at a pipe at the Southeast corner of this parcel of land and on the West boundary of the old Honokaar-Ahualoa Government Road,, the coordinates of said point of beginning referred to Government Survey Triangulation Station uxWK being 41.88 feet North and 3483.41 feet West thence running by asimuths measured clockwise from true South; 1, 112' 401 140.00 feet along remainder of Grant 1155; 4 202' 401 160.00 feet along acme; 3. 271' 041 166.71 a a a to the West boundary of the o]d Government Road (Honokaa—Ahualoa) 40 ft. wide; 4. 40' 001 50.35 a along same; 5. 22' 401 173.31 e 11 » to the point of beginning and containing an.Area..of 26,,596 aq. ft. or 0.611 Ao,, ROAD EASMMT Description Beginning at the South and of this Easement and on the East boundary of the old Honokaapaualoa Government Road the coordinates of said point of beginning referred to Government Survey Trlangolation Station 9LUOa being 216.63 feet North and 3351.99 feet West thence running by azimuths measured clockwise from true South; 1, 220' 001 88.32 feet along the East boundayy of the old Government Road 40 feet wide; 2• 230' 001 143.88 a along same; 3. 237' 301 124,30 „ 4. 249' 101 89.10 n " a to the North and of this easement; 5. 60' 251 149.95 a along East boundary of this esebwnt; Thence along a 485.00 feet radius curve to the left the direct chord azimuth and distance being 6. 52' 491 3011 128.13 feet along same; 7. 45' 141 109.89 11 Thence along a 140.00 feet radius curve to the right the direct chard azimuths and distance being 8• 56' 161 0811 53.60 feet along $ams to the point of be ginnipg an Area of 4+9u sq• ft. or 0. . d containing EXHIBIT A ■• aoa yM'/ Y • . r a • a aul lb 1 Safi [,bM is h o. ate. y� i1 m ckrlD e ti 1 �' EXHIBIT B o � a 45 yM'/ Y • . r a • aul �'f h o. ate. m ckrlD e ti 1 �' EXHIBIT B KNOW ALL MEN BY THESE PRESENTS: That HONOKAA SUGAR COMPANY, a Hawaii corporation, whose business office and post office address is Haina, Hawaii, State of Hawaii, herein- after called the Grantor, in consideration of the sum of ONE DOLLAR ($1.00) to it paid by COUNTY OF HAWAII, a municipal corporation duly existing under and pursuant to and by virtue of the laws of the State of Hawli, whose principal office and postal address is County Building, Hilo, Hawaii, herein- after called the Grantee, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantee, its legal successors and assigns, for the use of the Board of Water Supply of the County of Hawaii, a tank site and road easement through portion of Grant 1155 to Coffins in Namoku, Hamakua, Hawaii, required for the Honokaa Main Trunk Line Storage Tank project, all as described in Exhibit A attached hereto and incorporated herein by reference. TOGETHER with the right of ingress and egraea thereto and therefrom over Grantor's adjoining land for the purpose of operating, maintaining, repairing and replacing any tank or tanks on the tank site, pipelines and other related facilities in the road easement. PROVIDED, HOWEVER, that if at any time in the future the Grantee shall abandon said premises or any portion or portions thereof or'shall for a period of one year cease to use same, then and in any such event said premises or any portion or portions thereof shall thereupon cease and terminate and revert to the Grantor and upon written request from the Grantor EXHIBIT C -1- Y � RECORDATION JWJ%BY: STAT? 07 M : MII O ATURAI t; 8 -; DEFT. RESOU":ES- L a MANAOEMENT p J,y��i•'�'!'ltiH�.i Mr .4n 0 � mtt o w DIVISION Board of Supervisors b - County of Hawaii ��QQ 905 Hilo, Hawaii IIBEfl pAGErl(7,2 �4 DEC 10 Phi 3 : 57 a a e��p AFTERRENDD�tATiDANV TfA10RA[7tK: a m o {ANq MAMAOEMENT DIVISION Board -- of Supervisors tom' , x u County of Hawaii ' y+ 4 ° �0 m ov Hilo, Hawaii .w:r..+...�.nw......,,,...,. uJ O RETURN BY: MAIL SPACE ABOVE THIS LINE FOR REGISTRAR'S USE KNOW ALL MEN BY THESE PRESENTS: That HONOKAA SUGAR COMPANY, a Hawaii corporation, whose business office and post office address is Haina, Hawaii, State of Hawaii, herein- after called the Grantor, in consideration of the sum of ONE DOLLAR ($1.00) to it paid by COUNTY OF HAWAII, a municipal corporation duly existing under and pursuant to and by virtue of the laws of the State of Hawli, whose principal office and postal address is County Building, Hilo, Hawaii, herein- after called the Grantee, the receipt whereof is hereby acknowledged, does hereby grant and convey unto the Grantee, its legal successors and assigns, for the use of the Board of Water Supply of the County of Hawaii, a tank site and road easement through portion of Grant 1155 to Coffins in Namoku, Hamakua, Hawaii, required for the Honokaa Main Trunk Line Storage Tank project, all as described in Exhibit A attached hereto and incorporated herein by reference. TOGETHER with the right of ingress and egraea thereto and therefrom over Grantor's adjoining land for the purpose of operating, maintaining, repairing and replacing any tank or tanks on the tank site, pipelines and other related facilities in the road easement. PROVIDED, HOWEVER, that if at any time in the future the Grantee shall abandon said premises or any portion or portions thereof or'shall for a period of one year cease to use same, then and in any such event said premises or any portion or portions thereof shall thereupon cease and terminate and revert to the Grantor and upon written request from the Grantor EXHIBIT C -1- IIHER 905 PAnt383 the Board of Water Supply shall, at its own expense, remove said tank or tanks and appurtenances and restore the surface of the land as nearly as is reasonably possible to its condition prior to the granting of these presents. IN ;TNESS WHEREOF, the parties hereto have hereunto set their hands on this day of , 1964. HONOKAA SUGAR COMPANY By Its VICE•PRESIDENT By Its ASSISTANT.SECRETARY, '�' f(s OF WATER SUPPLY, COUNTYOF HAWAII B — Its Chairman FIRST JUDICIAL CIRCUIT ) S S i STATE OF HAWAII ) On this1o.1— day of %.J 1964, before me appeared and / g �� , to me personallyy known who, being by ma duly sworn, did say that they are the VICE.PRESIDENT and AGStBTANT.sECRETARY.. respectively, of HONOKAA SUGAR COMPANY, a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed i b a of sai c rpoorrdat�ga�y u hority of its Board of Directors, and said [��ff severally acknowledged said instrument to be the free act and deed of said corporation. S r a r Notary Public, First Judicial Circuit, State of Hawaii. .p My commission expires MC