HomeMy WebLinkAboutRES 409 Draft 01 2014-2016 ••J�<Y^Os M,.
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COUNTY OF HAWAII -•: ` =� �• STATE OF HAWAII
ef,TE OF N'�'
RESOLUTION NO. 409 16
A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAYS FOR PUALANI
ESTATES SUBDIVISION PHASES 1 AND 2, BEING TMK NO'S: (3) 7-5-042:151 (POR.)
AND (3) 7-5-043:128 (POR.), SITUATED AT PUAPUAAIKI AND PUAPUAANUI,
DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF
HAWAII FROM D.R. HORTON—SCHULER HOMES, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, dba D.R. HORTON-SCHULER DIVISION.
WHEREAS, D.R. Horton— Schuler Homes, LLC, a Delaware limited liability company,
dba D.R. Horton-Schuler Division (hereinafter"Schuler Homes"), is the fee simple owner of
those certain roadway parcels of land for Pualani Estates Subdivision Phases 1 and 2, situated at
Puapuaaiki and Puapuaanui, District of North Kona, Island and County of Hawai`i, State of
Hawai`i, identified as TMK No's: (3) 7-5-042:151 (por.) and (3) 7-5-043:128 (por.) (hereinafter
collectively"roadways"), as described in Exhibit "A" and delineated on Exhibit"B", which are
attached hereto and made a part hereof; and
WHEREAS, Schuler Homes has constructed all subdivision improvements and received
final subdivision approval for the Pualani Estates Subdivision Phases 1 and 2, including the
roadways; and
WHEREAS, Schuler Homes is desirous of dedicating the above roadways and all
improvements thereon to the County of Hawai`i for road purposes, and the roadways and
improvements have been inspected and approved by the Department of Public Works, and
received dedication approval from the Department of Water Supply, the Planning Department
and the Department of Environmental Management; and
WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from
receiving by dedication any streets in any subdivision platted after December 2, 1966 except
upon full compliance with provisions of Chapter 23; and
WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the
Council may accept gifts, including real estate or any interest in real estate, on behalf of the
County of Hawai`i; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it
finds the subject roadways and improvements thereon are in full compliance with the provisions
of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies,
and that it is in the public interest to accept such dedication.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and
Chapter 23 of the Hawai`i County Code, that the County of Hawai`i accepts the dedication of
roadways, identified as TMK No's: (3) 7-5-042:151 (por.) and (3) 7-5-043:128 (por.), described
in Exhibit "A" and delineated on Exhibit "B" for public road purposes.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to: (1) the Honorable William P. Kenoi, Mayor of the County of Hawai`i; (2) the
Department of Public Works; (3) Deputy Corporation Counsel Ronald Kim; and (4) D.R.
Horton-Schuler Homes, LLC, dba D.R. Horton-Schuler Division, a Delaware limited liability
company, Attn: Vanessa Yanagawa, 650 Iwilei Road, Suite 209, Honolulu, Hawai`i 96817.
Dated at Kona , Hawai`i, this 16th day of March , 2016.
INTRODUCED BY:
�,�� cJ '
COUNCIL MEMBER, COUNTY 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 the ILAGAN
County of Hawai`i on March 16, 2016 X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
WILLE X
1 I 9 0 0 0
Reference: C-696/PWPRC-28
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 409 16
EXHIBIT "A"
PARCEL FIRST: TMK: (3) 7-5-042:151
All of those certain parcels of land situate at Puapuaaiki and Puapuaanui, District of
North Kona, Island and County of Hawaii, State of Hawaii, more particularly described as
follows:
Lot No. Area
133 1.803 acres, more or less
134 42,789 square feet, more or less
135 25,172 square feet, more or less
136 15,160 square feet, more or less
137 24,145 square feet, more or less
138 22,637 square feet, more or less
139 10,548 square feet, more or less
140 36,850 square feet, more or less
141 9,916 square feet, more or less
of the map entitled "Pualani Estates Subdivision Phase 1", filed in the Bureau of Conveyances
of the State of Hawaii as File Plan No. 2352.
PARCEL SECOND: TMK:(3) 7-5-043:128
All of those certain parcels of land situate at Puapuaaiki and Puapuaanui, District of
North Kona, Island and County of Hawaii, State of Hawaii, more particularly described as
follows:
Lot No. Area
148 17,072 square feet, more or less
149 10,168 square feet, more or less
150 1.150 acres, more or less
151 11,343 square feet, more or less
152 30,800 square feet, more or less
153 23,230 square feet, more or less
154 17,985 square feet, more or less
155 1.407 acres, more or less
156 4,173 square feet, more or less
157 25,959 square feet, more or less
of the map entitled "Pualani Estates Subdivision Phase 2", filed in the Bureau of Conveyances
of the State of Hawaii as File Plan No. 2416.
PARCELS FIRST AND SECOND:
Being a portion of the land conveyed to D. R. Horton - Schuler Homes, LLC, a Delaware
limited liability company, doing business as Schuler Homes, by Warranty Deed dated
February 20, 2002, recorded in the Bureau of Conveyances, State of Hawaii, as Document No.
2002-031022.
SUBJECT, HOWEVER, to:
Pualani Estates Phases 1 and 2—Remaining Roads
22594/174/1351352.1
Exhibit "A" 1 of 4
AS TO PARCELS FIRST AND SECOND:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. UNRECORDED GRANT OF EASEMENT
Dated: October 1, 1958
Grantor: Frank Gouveia
Grantee: Hilo Electric Light Company, Limited
more particularly described in instrument dated
May 17, 1973 and recorded in Liber 9167, Page 2
3. AGREEMENT FOR ASSIGNMENT OF RIGHTS TO WATER COMMITMENT UNITS
KEALAKEKUA WATER SOURCE AGREEMENT:
Dated: June 30, 1988
Recorded: Book 22451, Page 332
By and Between: Robert Leon Daniel and Pualani Development
Company, Hawaii joint venture
4. Restrictions, covenants, conditions, terms, provisions, reservations and agreements as
contained in:
DECLARATION:
Dated: October 5, 1989
Recorded: Book 23776, Page 653
5. AGREEMENT:
Dated: October 27, 1993
Recorded: Document No. 93-180791
By and Between: Pualani Estates, Inc., a Hawaii corporation, and the
County of Hawaii
6. Restrictions, covenants, conditions, terms, provisions, reservations and agreements as
contained in:
DEED
Dated: October 19, 2001
Recorded: Document No. 2001-176108
Pualani Estates Phases 1 and 2—Remaining Roads
22594/174/1351352.1 Exhibit "A" 2 of 4
7. Restrictions, covenants, conditions, terms, provisions, reservations and agreements as
contained in:
DEED
Dated: February 20, 2002
Recorded: Document No. 2002-031022
8. GRANT OF EASEMENT
Dated: April 19, 2005
Recorded: Document No. 2005-108581
Purpose: granting an easement for pipeline and incidental
purposes over, under, across and through a portion of
the land described, and incidental purpose
In favor of: Water Board County of Hawaii
9. AS TO PARCEL FIRST ONLY:
(a) The following matters, as shown on or disclosed by the survey dated December 1, 1987,
revised July 7, 1990, prepared by Chrystal Thomas Yamasaki, Registered Professional
Land Surveyor:
(i) Restricted abutter's rights of vehicle access into and from Hawaii Belt Road (FAP
11A-03-69), which rights were conveyed to the State of Hawaii, by Deed dated January
16, 1983, recorded in Liber 16870, Page 360, and by Deed dated January 16, 1983,
recorded in Liber 17027, Page 596.
(ii) A 500-year flood hazard area.
(iii) Archaeological site.
(iv) Various ranch roads for cattle activities.
(b) A Grant of Easement for access, utility and incidental purposes, in favor of Pualani
Estates, Inc., a Hawaii corporation, recorded January 17, 2003 Document No. 2003-
008566.
(c) A Grant of Easement for utility and incidental purposes, in favor of Hawaii Electric Light
Company, Inc., a Hawaii corporation and Verizon Hawaii Inc., a Hawaii corporation,
recorded October 28, 2003 as Document No. 2003-236402.
10. AS TO PARCEL FIRST, LOT 133:
(a) A Grant of Easement for pipeline and incidental purposes, in favor of the Water Board
County of Hawaii, recorded May 03, 2004 as Document No. 2004-087456.
Pualani Estates Phases 1 and 2—Remaining Roads
22594/174/1351352.1 Exhibit "A" 3 of 4
12. AS TO PARCEL FIRST. LOTS 133 AND 134:
(a) A Grant of Easement for pipeline and incidental purposes, in favor of the Water Board
County of Hawaii, recorded March 18, 2004 as Document No. 2004-055920.
13. AS TO PARCEL FIRST, LOTS 135, 136 AND 137:
(a) A Grant of Easement for pipeline and incidental purposes, in favor of the Water Board
County of Hawaii, recorded May 18, 2004 as Document No. 2004-099745.
14. AS TO PARCEL FIRST, LOTS 138, 139, 140 AND 141:
(a) A Grant of Easement for pipeline and incidental purposes, in favor of the Water Board
County of Hawaii, recorded June 01, 2005 as Document No. 2005-108581.
15. AS TO PARCEL SECOND:
(a) A Grant of Easement for utility and incidental purposes, in favor of Hawaii Electric Light
Company, Inc., a Hawaii corporation and Hawaiian Telcom, Inc., a Hawaii corporation,
recorded September 22, 2006 as Document No. 2006-174532.
16. AS TO PARCEL SECOND, LOTS 148, 149 AND 150:
(a) A Grant of Easement for pipeline and incidental purposes, in favor of the Water Board
County of Hawaii, recorded July 12, 2006 as Document No. 2006-127855.
17. AS TO PARCEL SECOND, LOTS 151. 152_153, 154, 155, 156 AND 157:
(a) A Grant of Easement for pipeline and incidental purposes, in favor of the Water Board
County of Hawaii, recorded June 20, 2007 as Document No. 2007-110553.
END OF EXHIBIT A
Pualani Estates Phases 1 and 2—Remaining Roads
22594/174/1351352.1 Exhibit "A" 4 of 4
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e ROAD DEDICTION LOCATION MAP-PUALANI ESTATES SUBDIVISION,PHASE 1 (FILE PLAN 2352)
TO BE DEDICATED: LENGTH: WIDTH: DRYWELLS:
LOT 133(HO'MAMA STREET) 1567 LF(0.30 MILE) 50 FEET 3
LOT 134(HO'OKUKU MOHO PLACE) 577 LF(0.11 MILE) 50 FEET 0
LOT 134(HO'OKUKU MOHO STREET) 215 LF(0.04 MILE) 50 FEET 2
£ LOT 135(HO'OKUKO MOHO STREET) 500 LF(0.09 MILE) 50 FEET 4
I LOT 136(PLENA PLACE) 259 LF(0.05 MILE) 50 FEET. 1
s LOT 137(PIENA PLACE) 438 LF(0.08 MILE) 50 FEET 0
A LOT 138(KA'ANE'E PLACE) 402 LF(0.08 MILE) 50 FEET 0
1 LOT 139(KTPEHI PLACE) 167 LF(0.03 MILE) 50 FEET 0
3 LOT 140(HAKU MELE STREET) 730 LF(0.14 MILE) 50 FEET 2
,, LOT 141 (OMILO PLACE) 154 LF(0.03 MILE) 50 FEET 0
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a s TYPE OF ROADS: 50-FT RIGHT OF WAY WITH 32 FT WIDE PAVEMENT(2"AC)AND CONCRETE CURB,GUTTERS AND SIDEWALK
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s'1 EASEMENTS: IN FAVOR OF HAWAII COUNTY FOR DRAINAGE PURPOSES
g NUMBER OF LOTS: 130 LOTS(RS-7,5)AND 10 ROADWAY LOTS
41 TAX MAP KEY: TMK: (3) 7-5-042:151 SHEET 1 OF 2
Exhibit "B" 1 of 4
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e ROAD DEDICTION LOCATION MAP-PUALANI ESTATES SUBDIVISION,PHASE 2(FILE PLAN 2416)
BEING,ALSO,all of Lot 131 of Pualani Estates Subdivision,Phase 1 (File Plan 2352)
I TO BE DEDICATED: LENGTH: WIDTH: DRYWELLS:
LOT 148 S.HAKU MELE PLACE 297 LF(0.06 MILE) 50 FEET 1
LOT 149 HO'OKUKU MOHO 200 LF(0.04 MILE) 50 FEET 2
n LOT 150 PAULEHIA STREET 996 LF(0.19 MILE) 50 FEET 2
I LOT 151 AHUI STREET 220 LF(0.04 MILE) 50 FEET 2
1 LOT 152 LEA PLACE 534 LF(0.10 MILE) 50 FEET 1
21
LOT 153 S.MEA LANAKILA PLACE 421 LF(0.08 MILE) 50 FEET 1
A LOT 154 LALI'I PLACE 315 LF(0.06 MILE) 50 FEET 1
$ LOT 155 MEA LANAKILA STREET 1174 LF(0.22 MILE) 50 FEET 3
LOT 156 HAKUHAKU STREET 80 LF(0.01 MILE) 50 FEET 2
xLOT 157 LALI'I PLACE 475 LF(0.09 MILE) 50 FEET 1
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a TYPE OF ROADS: 50-FT RIGHT OF WAY WITH 32 FT WIDE PAVEMENT(211 AC)AND CONCRETE CURB,GUTTERS AND SIDEWALK
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NUMBER OF LOTS: 146 LOTS(RS-7.5)AND 10 ROADWAY LOTS
4. TAX MAP KEY: TMK: (3) 7-5-043:128 SHEET 1 OF 2
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9-, ROAD DEDICTION LOCATION MAP-PUALANI ESTATES SUBDIVISION,PHASE 2(FILE PLAN 2416)
"I BEING,ALSO,all of Lot 131 of Pualani Estates Subdivision,Phase 1 (File Plan 2352) SHEET 2 OF 2
Exhibit "B" 4 of 4
Chapter 23 of the Hawai`i County Code, that the County of Hawai`i accepts the dedication of
roadways, identified as TMK No's: (3) 7-5-042:151 (por.) and (3) 7-5-043:128 (por.), described
in Exhibit "A" and delineated on Exhibit "B" for public road purposes.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to: (1) the Honorable William P. Kenoi, Mayor of the County of Hawai`i; (2) the
Department of Public Works; (3) Deputy Corporation Counsel Ronald Kim; and (4) D.R.
Horton-Schuler Homes, LLC, dba D.R. Horton-Schuler Division, a Delaware limited liability
company, Attn: Vanessa Yanagawa, 650 Iwilei Road, Suite 209, Honolulu, Hawai`i 96817.
Dated at Kona , Hawai`i, this 16th day of March , 2016.
INTRODUCED BY:
�,�� cJ '
COUNCIL MEMBER, COUNTY 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 the ILAGAN
County of Hawai`i on March 16, 2016 X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
WILLE X
1 I 9 0 0 0
Reference: C-696/PWPRC-28
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 409 16