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HomeMy WebLinkAboutRES 412 Draft 01 2014-2016 JrtY OS M� . .4p Jay. ''''',' " / COUNTY OF HAWAII �': Y -.>�/ •` STATE OF HAWAII , Tf•OF•NF'�_ RESOLUTION NO. 412 16 A RESOLUTION ACCEPTING A BILL OF SALE AND GRANT OF EASEMENTS FOR SEWER FACILITIES FOR PUALANI ESTATES SUBDIVISION PHASES 1 AND 2, BEING INSTALLED ON, AND/OR USING EASEMENTS OVER, ACROSS, AND/OR UNDER TMK NO'S: (3) 7-5-041:004, (3) 7-5-042:012, (3) 7-5-041:039, AND (3) 7-5- 041:051; "EASMENT 22" OVER AND ACROSS LOTS 132-141 (POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1 AND TMK NO'S: (3) 7-5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:010 (POR.), (3) 7-5-041:011 (POR.), (3) 7-5-041:024 (POR.), AND (3) 7-5-041:025 (POR.); "EASEMENT 24" OVER AND ACROSS LOTS 132- 141 (POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1 AND TMK NO'S: (3) 7-5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:026 (POR.), (3) 7-5-041:027 (POR.), AND (3) 7-5-041:029 (POR.); AND "EASEMENT 26" OVER AND ACROSS LOTS 132-141 (POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1 AND TMK NO'S: (3) 7-5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:030 (POR.), AND (3) 7-5-041:031 (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 owner of the premises and sewer system, including all pipelines, valves, valve boxes, sewer manholes, cleanouts, service laterals and other appurtenances attached thereto (hereinafter "sewer facilities") now installed and in existence on, and/or using easements over, across, and/or over the premises described on Exhibit"A" (legal description) and delineated on Exhibit "B" (parcel map) attached hereto, situated at Puapuaaiki and Puapuaanui, District of North Kona, Island and County of Hawaii, State of Hawai`i, identified as Tax Map Key No's: (3) 7-5-041:004, (3) 7-5-042:012. (3) 7-5-041:039, and (3) 7-5-041:051; "Easement 22" over and across Lots 132-141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:010 (por.), (3) 7-5-041:011 (por.), (3) 7-5-041:024 (por.), and (3) 7-5-041:025 (por.); "Easement 24" over and across Lots 132-141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:026 (por.), (3) 7-5-041:027 (por.), and (3) 7-5-041:029 (por.); and "Easement 26" over and across Lots 132- 141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:030 (por.), and (3) 7-5-041:031 (por.); and WHEREAS, Schuler Homes is desirous of granting the County of Hawai`i the sewer facilities; and WHEREAS, Section 21-19 of the Hawai`i County Code provides that all sewage works found acceptable by the Director of the Department of Environmental Management shall become the property of the County; and WHEREAS, the sewer facilities have been inspected and found to be in acceptable condition and in compliance with the provisions of Chapter 21, Sewers, of the Hawai`i County Code; and WHEREAS, the Department of Public Works, the Planning Department, the Department of Water Supply and the Department of Environmental Management have no objections to acceptance of this sewer system; and WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from taking over any sewer lines in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Section 23-56 of the Hawai`i County Code provides that easements or rights-of-way for all government owned utilities, except those under the jurisdiction of the Department of Water Supply, shall be conveyed to the County and that documents shall be delivered to the Council for acceptance; 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 sewer facilities have been completed and inspected thereon and are in full compliance with the provisions of Chapters 21 and 23 of the Hawai`i County Code, as certified and approved by all applicable agencies, and that it is in the public interest for the County of Hawaii to accept the Bill of Sale and Grant of Easements. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and Chapters 21 and 23 of the Hawai`i County Code, the County accepts the sewer facilities now installed and in existence on the premises described on Exhibit "A" (legal description) and delineated on Exhibit"B" (parcel map); 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 Hawaii; (2) the Department of Public Works; (3) the Department of Environmental Management; (4) Deputy Corporation Counsel Ronald Kim; and (5) 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: / (� COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE L County of Hawai`i AYLS NOES ABS IX 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 County of Hawaii on March 16, 7016 ILAGAN X KANUHA X ONISHI X ATTEST: PALEKA X POINDEXTER X fin."""iTh6K.0 WILLS X 1 8 0 I l _ 0 Reference: C-699/PWPRC-31 COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 412 16 EXHIBIT "A" ITEM I: (TMK No. (3)7-5-041-004) EASEMENT 16, area 1,391 square feet, more or less, for drainage and utility purposes, over and across the following: That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of Hawaii, State of Hawaii, described as follows: Lot 4, area 8,486 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352. TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu Highway Extension), a public road, as roadways for access to the Community until such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii. TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under, across and through Tax Map Key No. (3)7-5-14-34(LOT A) and Tax Map Key No. (3)7-5-17-32, for utility and access purposes, as more particularly described in Document No. 2001-176109, dated October 19, 2001. Being the land conveyed by the following: PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF RIGHTS Grantor: D.R. HORTON-SCHULER HOMES, LLC, a Delaware limited liability company, dba D.R. HORTON-SCHULER DIVISION Grantee: JOANNE P. MARSHALL and TERRENCE F. MARSHALL, Trustees of The Marshall Trust dated December 21, 2007, as it may be amended, with powers to sell, lease, mortgage and other powers set forth in said Trust Dated: February 13,2008 Recorded: Document No. 2008-024042 ITEM II: (TMK No. (3)7-5-042-012) EASEMENT 17, area 1,388 square feet, more or less, for pedestrian walkway, drainage and utility purposes, over and across the following: That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of Hawaii, State of Hawaii, described as follows: Lot 18, area 7,741 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352. TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu Highway Extension), a public road, as roadways for access to the Community until such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii. TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under, across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-32,for 1 22594/174/1436278.3 utility and access purposes, as more particularly described in Document No. 2001-176109, dated October 19, 2001. Being the land conveyed by the following: WARRANTY DEED Grantor: EDWARD HENRY FORESTIER III, husband of Karen Hughes Forestier, KAREN HUGHES FORESTIER, wife of Edward Henry Horestier III, and ROBIN FORESTIER SOLE/MAN, also known as Robin Jeanne Forestier,single Grantee: ROGELIO Y. IPAC, husband of Georgianna S. Ipac, and • GEORGIANNA S. IPAC, wife of Rogelio Y. Ipac, JOINT TENANTS Dated: November 20, 2006 Recorded: Document No. 2006-218976 ITEM III: EASEMENT 22, area 2,602 square feet, more or less, for drainage and utility purposes, over and across the following: Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of Hawaii, State of Hawaii, described as follows: LOTS: 66, area 6,725 square feet, more or less; 67, area 6,809 square feet, more or less; 80, area 7,349 square feet, more or less and 81, area 7,771 square feet, more or less; of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352. TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu Highway Extension), a public road, as roadways for access to the Community until such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii_ TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under, across and through Tax Map Key No. (3)7-5-14-34(LOT A) and Tax Map Key No. (3) 7-5-17-32, for utility and access purposes, as more particularly described in Document No. 2001-176109, dated October 19, 2001. AS TO LOT 66: (TMK No. (3) 7-5-041-010) Being a portion of the lands conveyed by the following: WARRANTY DEED Grantor: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS, husband and wife 2 22594/174/1436278.3 Grantee: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS, Trustees of the Stathie J. and Jo-Anne E. Prattas Living Trust, dated November 14, 2007 Dated: December 28, 2007 Recorded: Document No. 2008-000497 AS TO LOT 67: (TMK No. (3) 7-5-041-011) Being the land conveyed by the following: WARRANTY DEED Grantor: MICHAEL A..ROSATO and AMY J. ROSATO, husband and wife Grantee: MICHAEL A. ROSATO and AMY J. ROSATO, Trustees under the unrecorded"Rosato Family Trust", dated November 22,2005 Dated: November 22, 2005 Recorded: Document No. 2005-249432 • AS TO LOT 80: (TMK No. (3)7.5-041-024) Being the land conveyed by Warranty Deed recorded May 23, 2011 as Regular System Document No. 2011-082196, Grantor is Northrop Hardy Kirk, Jr. and Caroline Kirk, Grantee is Eun Sang Kim, an unmarried man, as Tenant in Severalty. AS TO LOT 81: (TMK No. (3)7-5-041-025) Being the land conveyed by Warranty Deed recorded December 17, 2009 as Regular System Document No. 2009-191682, Grantor is Orlando Perez and Rosa Ysela Najera-Perez, husband and wife, Grantee is Ralph Vernon Johnson, Jr. and Glenda Fay Johnson, husband and wife, as Tenants by the Entirety. ITEM IV: EASEMENT 24, area 2,553 square feet, more or less, for drainage and utility purposes, over and across the following: Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of Hawaii, State of Hawaii, described as follows: LOTS: . 82, area 6,958 square feet, more or less; 83, area 6,312 square feet, more or less; and 97, area 8,823 square feet, more or less of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352. TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu Highway Extension), a public road, as roadways for access to the Community until such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii. TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under, 3 22594/174/1436278.4 across and through Tax Map Key No. (3) 7-5-14-34(LOT A) and Tax Map Key No. (3)7-5-17-32,for utility and access purposes, as more particularly described in Document No. 2001-176109, dated October 19, 2001. AS TO LOT 82: (TMK No. (3)7-5-041-026) Being the land conveyed by the following: WARRANTY DEED Grantor: UMRAO SINGH MAYER, husband of Leilani Melinda Mayer, and LEILANI MELINDA MAYER, wife of Umrao Singh Mayer, and DAVID THORNTON DECKER, husband of Jayne Decker, and JAYNE DECKER,wife of David Thornton Decker • • • Grantee:. • DAVID THORNTON DECKER, husband of Jayne Decker, •and• JAYNE DECKER,wife of David Thornton Decker, JOINT TENANTS Dated: August 1, 2005 Recorded: Document No. 2005-206395 AS TO LOT 83: (TMK No. (3) 7-5-041-027) Being the land conveyed by Warranty Deed recorded March 14, 2012 as Regular System Document No. A-44560285, Grantor is Linda Daly, single, Grantee is David Wallmann and Leigh Wallmann, husband and wife, as Tenants by the Entirety. AS TO LOT 97: (TMK No. (3)7-5.041-029) Being a portion of the lands conveyed by the following: WARRANTY DEED Grantor: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS, . husband and wife Grantee: STATHIE JOHN PRATTAS and JO-ANNE. EUPHEMIA PRATTAS, Trustees of the Stathie J. and Jo-Anne E. Prattas Living Trust, dated November 14, 2007 Dated: December 28, 2007 Recorded: Document No. 2008-000497 ITEM V: EASEMENT 26, 15 feet wide, area 1,532 square feet, more or less, for drainage and utility purposes, over and across the following: Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of Hawaii, State of Hawaii, described as follows: LOTS: 98, area 7,612 square feet, more or less and 99, area 8,284 square feet, more or less; of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352. 4 22594/174/1436278.4 • TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu Highway Extension), a public road, as roadways for access to the Community until such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii. TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under, across and through Tax Map Key No. (3) 7-5-14-34(LOT A) and Tax Map Key No. (3)7-5-17-32, for utility and access purposes, as more particularly described in Document No. 2001-176109, dated October.19, 2001. AS TO LOT 98: (TMK No.(3)7-5-041-030) Being the land-Conveyed by the following: WARRANTY DEED Grantor: RUBEN DOMINGO, aka Ruben L. Domingo and NARCISA DOMINGO, aka Narcisa M. Domingo, husband and wife Grantee: RUBEN L. DOMINGO and NARCISA M. DOMINGO, Trustees under the"Domingo Family Trust",dated December 16, 2005 Dated: December 16, 2005 Recorded: Document No. 2006-006855 AS TO LOT 99: (TMK No. (3)7-5-041-031) Being the land conveyed by the following: WARRANTY DEED Grantor: BUD CROSTHWAIT and MARGARET M. CROSTHWAIT, husband and wife Grantee: BUD CROSTHWAIT and MARGARET M. CROSTHWAIT, Trustees of The Crosthwait Family Trust dated December 31, 2003 Dated: October 5, 2005 Recorded: Document No. 2005-206396 • ITEM VI: (TMK No. (3) 7-5-041-039) EASEMENT 28, area 2,723 square feet, more or less, for drainage and utility purposes, over and across the following: That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of Hawaii, State of Hawaii, described as follows: Lot 107, area 10,746 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352. TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu Highway Extension), a public road, as roadways for access to the Community until such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii. TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under, 5 22594/174/1436278.3 across and through Tax Map Key No. (3)7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-32, for utility and access purposes, as more particularly described in Document No. 2001-176109, dated October 19, 2001. Being the land conveyed by the following: PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF RIGHTS Grantor: Q.R. HORTON-SCHULER HOMES, LLC, a Delaware limited liability company, dba D.R. HORTON-SCHULER DIVISION Grantee: ELINOR K. GOLDBERG and SAMUEL A. GOLDBERG, wife and husband,JOINT TENANTS Dated: June 16, 2005 Recorded: Document No. 2005-122346 ITEM VII: (TMK No. (3) 7-5-041-051) EASEMENT 29, area 1,768 square feet, more or less, for drainage and utility purposes, over and across the following: That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of Hawaii,State of Hawaii,,described as follows: • •• - • • Lot 119, area 8,976 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352. TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu Highway Extension), a public road, as roadways for access to the Community until such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii. TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under, across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-32,for utility and access purposes, as more particularly described in Document No. 2001-176109, dated October 19, 2001. Being the land conveyed by Warranty Deed recorded September 28, 2009 as Regular System Document No. 2009-148185, Grantor is Michael D. Hazen, single, and Janice E. Kavanaugh, single, Grantee is Dee Ann Wunschel, unmarried, as Tenant in Severalty. END OF EXHIBIT"A" 6 225941174/1436276.3 ' 1 ----v_ B' -- P . A __.--_ ```"1 R. P. 6718 P U AA ' ," ��.. U�. c. Aw .66r, 1 s r O Ap. 2 X M1� \ b Thomas Sams 2.C +I A`� D / / j / '\ `Ccs. N / v �r ...S / /' / .\ w 7\ 4_____' J ' ,.,,,,,,&: \ I1, / ' T- ...I . . 7 — _ .= -C , \tel Y �= E EMENT 22 / j yl EASE NT 26-7-/_7��,� Y' ,` -\* a EASEMENT 16 =--- ---=----7'—'-===' ( '� « \ n` \ <7, T<: V _.j -- `*� //,./L\-\ ,/ EASEEMENT 28';. . –`N, / 0, EASEMEN 24 , I ti H N I 4''' cry, N. ,,, _� N. `IEASEMENT29, --}1,..,,,i-‘;',. :� �Y \ f �• r �' 2. �. f' / so .r EASEMENT 17 I j 1 \ r. --/s„„ ,' • VI fJ1 U, 1' � f / . i DJ --i •_,,... {UJ —._.._..._— r L� , 1 [� X -� N -•j z c ) 0 cn 1_,✓F. m I ct-•,-,=.• c., �.1 q 1 ':, I 1 ,:::Y.,, D ._� r . t L, r rr: w 5 -> – 1 i 1 > r W N v� e ti i__I �` 1. ... d r,,` HO'OK;KU P OHO �`.__... _.. r1:TOKUKU MOHO S'REE i � s I - - e , , :,--' g}'RE;�( LOT iso ,.. STREET; 1 SEWER DEDICATION LOCATION MAP-PUALANI ESTATES SUBDIVISION,PHASE 1 (FILE PLAN 2352) TO BE DEDICATED: WIDTH: NOTES: a EASEMENT 16 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 4 EASEMENT 17 20 FEET FOR PEDESTRIAN WALKWAY,DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 18 i EASEMENT 22 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 66,67,80,AND 81 EASEMENT 24 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 82,83,AND 97 EASEMENT 26 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 98 AND 99 i EASEMENT 28 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 107 L' EASEMENT 29 15 FEET FOR DRAINAGE AND_UTILITY PURPOSES AFFECTING LOT 119 TMK: (3) 7-5-041:004, 010, 011, 024, 025, 026, 027, 029, 030, 031, 039 and 051 a TMK: (3) 7-5-042: 012, (3) 7-5-014:034 & (3) 7-5-017:032 EXHIBIT B '