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Home My WebLink AboutRES 617 Draft 01 2014-2016 Mei COUNTY OF HAWAII :*(4 • " ;‘,W:* STATE OF HAWAII RESOLUTION NO. 617 16 A RESOLUTION ACCEPTING THE DEDICATION FOR ROADWAY PURPOSES OF LOT A-2-A-5 IDENTIFIED AS TAX MAP KEY: (3) 2-8-007-095, SITUATED AT MAKAHANALOA AND PEPE'EKEO, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII FROM CONTINENTAL PACIFIC, LLC. WHEREAS, Continental Pacific, LLC, a Delaware limited liability company(hereinafter referred to as "CP"), is the owner of Lot A-2-A-5, identified as Tax Map Key: (3) 2-8-007-095, situated at Makahanaloa and Pepeekeo, District of South Hilo, County and State of Hawai`i, consisting of approximately 1.082 acres, more or less, as described on Exhibit"A" attached hereto and delineated on Exhibit"B" attached hereto (hereinafter referred to as "Parcel"), which connects Kaakepa Street and the site of the Pu`u Alala tower, which is part of the County of Hawaii's (hereinafter referred to as "County" and/or"County of Hawai`i") existing communication facilities for a public safety radio system; and WHEREAS, CP is desirous of dedicating the Parcel to the County in the public interest for roadway purposes to be included as part of the County's island-wide public safety radio system upgrade project; and WHEREAS, said public safety radio system upgrade project will improve existing communication facilities and develop additional sites for an efficient island-wide emergency communication system in the interests of public safety; and WHEREAS,the County is in the process of improving access and facilitating future maintenance to existing communication facilities as part of the public safety radio system upgrade project, which includes the Pu`u Alala tower; and WHEREAS,the County presently accesses the Pu`u Alala tower via non-exclusive easements across several parcels of privately owned lands using off-road and/or over unimproved road(s) that are vulnerable to weather events; and WHEREAS,the Parcel would allow the County direct access to the Pu`u Alala tower using minimal off-road or unimproved road access as the Parcel connects Kaakepa Street, which is a County maintained roadway, with the site of the Pu`u Alala tower; and WHEREAS, CP has offered to donate and dedicate the Parcel to the County for roadway purposes, and has provided the County with copies of the recorded deed whereby it acquired its interest in the Parcel and a declaration affecting its interest in the parcel; and WHEREAS, CP's donation and dedication of the Parcel has been approved by the Planning Department, Department of Public Works, Department of Water Supply, Department of Environmental Management, Civil Defense, and the Real Property Tax Division; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of real property; and WHEREAS, Section 2-162.2 of the Hawai`i County Code provides that the Council of the County of Hawai`i may accept donations of real property not derived from a community benefit assessment or a condition of land use approval upon a finding that such donation is in the public interest; and now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that in accordance with Section 2-162.2 of the Hawai`i County Code, that it is in the public interest and for the benefit of the County to accept the donation and dedication of the Parcel from CP to the County. BE IT FURTHER RESOLVED,that in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, the County of Hawai`i accepts the donation and dedication of the Parcel from Continental Pacific, LLC, which is Lot A-2-A-5, identified as Tax Map Key: 2 (3) 2-8-007-095, situated at Makahanaloa and Pepeekeo, District of South Hilo, County and State of Hawai`i, consisting of approximately 1.082 acres, more or less, as described on Exhibit "A" attached hereto and delineated on Exhibit"B" attached hereto. BE IT FURTHER RESOLVED that a letter of appreciation and a copy of this resolution be sent to Continental Pacific, LLC, P.O. Box 1350, Santa Rosa Beach, FL 32459, acknowledging this generous donation and dedication. BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption thereof and that the County Clerk shall transmit a copy of this resolution to: (1) the Honorable William Kenoi, Mayor of the County of Hawai`i; (2)the Department of Public Works; (3)the Department of Finance; (4) Civil Defense; and (5) Office of the Corporation Counsel. Dated at Rik , Hawai`i, this 5th day of October , 2016. INTRODUCED BY: 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 X County of Hawaii on October 5, 2016 KANUHA X ONISHI X ATTEST: PALEKA X POINDEXTER X SidtAQ WILLE X 6 0 3 0 Reference: C-1017/PWPRC-48 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 617 16 3 BEING A PORTION OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559-B, APANA 17 & 18 TO WILLIAM C. LUNALILO At Makahanaloa and Pepeekeo, South Hilo, Island of Hawai`i, Hawaii Beginning at a '/a" pipe (set) at the South corner of this parcel of land, same being also the Southeast corner of Lot A-2-A-2, being a portion of R.P. 7192, L.C. Aw. 8559-b, Ap. 17 & 18 to Wm. C. Lunalilo, the coordinates of said point beginning referred to Government Survey Triangulation Station "ALALA" being 800.90 feet South and 450.43 feet West and thence running by azimuths measured clockwise from true South: 1. 140 ° 42' 30" 305.42 feet along Lot A-2-A-2, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo to a ''/2" pipe (set); 2. Thence along Lot A-2-A-2, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17& 18 to Wm. C. Lunalilo, on a curve to the right with a radius of 630.00 feet, the chord azimuth and distance being: 147° 09' 15" 141.45 feet to a ''/z pipe (set); 3. 153° 36' 226.28 feet along Lot A-2-A-2, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo to a ''/z" pipe (set); 4. Thence along Lot A-2-A-2, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo, on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 108° 36' 28.28 feet to a ''/z" pipe (set); 5. 243° 36' 100.00 feet along Lot A-2-A-1, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo to a ''/z" pipe (set); 6. Thence along Lot A-2-A-1, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo on a curve to the left with a radius of 20.00 feet, the chard azimuth and distance being: 18° 36' 28.28 feet to a ''/z" pipe (set); EXHIBIT "A" 7. 333° 36' 224.83 feet along Lot A-2-A-1, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo to a '/z" pipe (set); 8. 320° 42' 30" 434.00 feet along Lot A-1, being a portion of R.P. 7192, L.C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo to a Y2" pipe (set); 9. 50° 42' 30" 74.69 feet along the Northwest side of Kaakepa Street to the point of beginning and containing an area of 1.082 Acres. Said above parcel of land having been acquired by CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, by the following: 1. By LIMITED WARRANTY DEED OF KATY CORP., a Hawai`i corporation, dated May 15, 2001, recorded as Document No. 2001-111904; and 2. By DEED of HAWAI`I LAND AND FARMING COMPANY, INC., a Delaware corporation, dated June 24, 1999, recorded as Document No. 99-104482. SUBJECT, HOWEVER, to the following: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Flume as shown on tax map. 3. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the following: INSTRUMENT DEED DATED June 24, 1999 RECORDED Document No. 99-104482 EXHIBIT "A" of a^ S` 44A` °ci 4 Q 2 co 1 tI. Y I A 34 • 4, J c �1 ! 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