HomeMy WebLinkAboutRES 612 Draft 01 2014-2016 ,e-f..,1;,..91/
COUNTY OF HAWAII i•i� f;\:0 • STATE OF HAWAII
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RESOLUTION NO. 6i2 16
RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO NEGOTIATE A
MULTI-YEAR LEASE OF REAL PROPERTY,NA'ALEHU COMMUNITY PARK,
SMALL BUILDING, SITUATE AT KAWALA, DISTRICT OF KA`U, COUNTY AND
STATE OF HAWAII, IDENTIFIED AS TAX MAP KEY: (3) 9-5-021:023, TO THE
HAWAI'I COUNTY ECONOMIC OPPORTUNITY COUNCIL
WHEREAS,pursuant to a Quitclaim Deed executed on June 15, 2007, the County of
Hawai`i owns and maintains real property known as the Na`alehu Community Park, Tax Map
Key: (3) 9-5-021:023, situate at Kawala, Ka`u, County and State of Hawai`i, consisting of
6.409 acres, described in Exhibit "A" attached hereto; and
WHEREAS, the Hawai'i County Economic Opportunity Council, a non-profit
organization, desires to negotiate a multi-year lease (with renewal options for additional terms)
of the "Small Building" at Na`alehu Community Park, identified in Exhibit"B" attached hereto,
to be used to organize various programs and activities for the Na`alehu community; and
WHEREAS, Article 19, Section 2-120 (a) (2) of the Hawai`i County Code, provides that
the Council of the County of Hawai`i may, by resolution approved by a majority of members,
direct the Finance Director to negotiate the disposition of real property by leasing it to nonprofit
organizations, at such rentals and on such terms and conditions as deemed proper; and
WHEREAS, Article 19, Section 2-120 (b) provides such lease of real property to
nonprofit organizations may be made without notice or appraisal as required in Chapter 2,
Article 19 of the Hawai`i County Code; now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that
under Chapter 2, Article 9, Section 2-120 (a) (2) of the Hawai`i County Code, the Director of
Finance is hereby authorized to negotiate a multi-year lease (with renewal options for additional
terms) with the Hawaii County Economic Opportunity Council, a nonprofit organization,
without notice or appraisal, for the Small Building located at Na`alehu Community Park, Tax
Map Key: (3) 9-5-021:023, situate at Kawala, Ka'u, County and State of Hawaii.
BE IT FURTHER RESOLVED,that the Honorable William P. Kenoi, Mayor of the
County of Hawai`i is hereby authorized to execute said lease agreement on behalf of the County
of Hawaii following its approval by the Council as noted herein.
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to:
(1) Mayor William P. Kenoi; (2) Finance Director Deanna Sako; (3) Deputy Corporation
Counsel J Yoshimoto; and (4) the Hawaii County Economic Opportunity Council.
Dated at Kona , Hawai`i, this 21st day of September , 2016.
INTRODUCED BY:
.4012.51M raranare
COUNCILt•:ER, •i• OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i • AYES NOES ABS EX
Hilo, Hawaii 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 Hawai`i on September 71 (.701ILAGAN X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
WILLE X
9 0 0 0
Reference: C-1010/FG74
C UNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 612 16
2
LAND COURT SYSTEM I REGULAR SYSTEM
Return by Mail EiPickup 0 To:
MST AMERICAN TITLE COMPANY,INC. \IIQ
FAM
1435 OMNI AWL.al I
lib,Hawaii 96720
Total Pages: S
Tax Map Key No.: (3) 9-5-21-23
Naalehu Community Park
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
That C. BREWER AND COMPANY, LIMITED, a Hawaii corporation in
dissolution (successor by merger to both of Mauna Kea Agribusiness Co., Inc., a Hawaii
corporation, and Ka'u Agribusiness Co., Inc., a Hawaii corporation) , whose address is
311 Pacific Street, Honolulu, Hawaii 96817, hereinafter called the "Grantor", for and in
consideration of the sum of ONE DOLLAR($1.00) and other good and valuable
consideration to Grantor paid by COUNTY OF HAWAII, a municipal corporation of the
State of Hawaii, whose address is County Building, 25 Aupuni Street., Hilo, Hawaii
96720, hereinafter called the "Grantee",receipt whereof is hereby acknowledged, does
hereby RELEASE, REMISE and QUITCLAIM, forever, all of Grantor's estate, right, title
and interest in and to the real property described in Exhibit A hereto attached and
expressly made a part hereof(the "Property"), unto Grantee, its successors and assigns,
together with any and all improvements, rights, privileges and appurtenances thereon and
thereto belonging or appertaining or held or enjoyed therewith.
1782113 1 EXHIBIT "A"
(Page 1 of 4 )
The Property is conveyed and hereby accepted by Grantee in its "AS IS —
WITH ALL FAULTS" condition. Grantor makes no warranties, express or implied, with
respect to the Property or improvements(if any).
The terms "Grantor" and "Grantee", as and when used herein,or any
pronouns used in place thereof, shall mean and include the above-named Grantor and
Grantee, and each of their respective successors and assigns, according to the context
thereof,
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed
as of the WI- day of JIA41.e/ , 2007.
C. BREWER AND COMPANY, LIMITED,
a Hawaii corporation in dissolution
By • '
J. Alan u! e
Chief Executive Officer, Real Estate
and Trustee in Dissolution
By )
Kent T. Lucien
Chief Executive Officer, Operations
and Trustee in Dissolution
Grantor
EXHIBIT "A"
(Page 2 of 4)
STATE OF HAWAII
) SS.
CITY AND COUNTY OF HONOLULU )
On this 15th day of June , 2007, before me appeared J. ALAN
KUGLE, to me personally known, who, being by me duly sworn or affirmed, did say that
such person executed the foregoing instrument as the free act and deed of such person,
and if applicable, in the capacity shown, having been duly authorized to execute such
instrument in such capacity.
4NIA( (1 ‹nc,-U- Cx,kj.t.)
Name: Nancy .eyoshi
Notary Public, State of Hawaii
My Commission expires: 04/13/2011
—_
STATE OF HAWAII
) SS.
CITY AND COUNTY OF HONOLULU )
On this 15th day of June , 2007,before me appeared KENT T.
LUCIEN, to me personally known, who, being by me duly sworn or affirmed, did say
that such person executed the foregoing instrument as the free act and deed of such
person, and if applicable, in the capacity shown, having been duly authorized to execute
such instrument in such capacity.
N.(al H. Sueyoshi—klirtli
Notary Public, State of Hawaii
_
My Commission expires: 04/13/2011
EXHIBIT "A"
1782113,1 (Page 3 of 4)
EXHIBIT A
Naalehu Community Park
Tax Map Key Parcel No. (3)9-5-021-023
ALL of that certain parcel of land situate at Kawala, in the District of Ka'u, Island
and County of Hawaii, State of Hawaii, identified on the tax maps of the State of Hawaii
as Tax Map Key Parcel No. (3)9-5-021-023, area 6.409 acres, more or less, as delineated
on the map attached hereto as Exhibit A-1, and made a part hereof.
TOGETHER WITH a perpetual nonexclusive appurtenant easement for roadway
access and utilities purposes over, across, and under each of the following easement areas:
Road Easement A affecting Tax Map Key Parcel No. (3)9-5-010-001;
Road Easement B affecting Tax Map Key Parcel No. (3)9-5-021-032; and
Proposed Naalehu Spur Road affecting Tax Map Key Parcel No. (3)9-5-010-001,
all as more particularly described in that certain Declaration of Easements for Roadway
and Utilities dated August 5, 2004, recorded in the Bureau of Conveyances of the State of
Hawaii as Document No. 2004-173077, as amended by Amendment to Declaration of
Easements for Roadway and Utilities dated October 26, 2004,recorded in said Bureau of
Conveyances as Document No. 2004-228021.
TOGETHER ALSO,WITH a perpetual nonexclusive appurtenant easement for
roadway access and utilities purposes through, over, under and across Road Easement D
(the "Roadway Access and Utilities Easement"), more particularly described in that
certain Grant of Easement for Roadway Access and Utilities Purposes dated August 5,
2004, recorded in said Bureau of Conveyances as Document No. 2004-173078.
TOGETHER FURTHER, WITH any and all other existing recorded or unrecorded
easements that are or may be appurtenant to the property hereinabove described.
BEING a portion of the land conveyed to Mauna Kea Agribusiness Co., Inc., a
Hawaii corporation (now known as C. Brewer and Company, Limited, a Hawaii
corporation in dissolution), by Quitclaim Deed dated December 15, 1993,recorded in the
Bureau of Conveyances of the State of Hawaii as Document No. 93-208054.
SUBJECT to any and all easements, leases, licenses, permits, tenancies and
encumbrances that may affect the property hereinabove described.
END OF EXHIBIT A
1782113 1
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