HomeMy WebLinkAboutCOM 0293.000 1998-2000 s+ ~
Stephen K. Yamoshiro ~ Richard Wurdeman
,UayuT ~ Corpor¢,ion Co~wul
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OFFICE OF THE CORPORATION COUNSEL
t01 Aupuol Street, Sulte J23 • Hilo. Htwtl9 %720.4162 • (808) %t$23l • Fax 18081 961.8612
May 10, 1999
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720 -
Deaz Chairman Arakaki and Council Members:
Re: Dedication Deed--Sunset Ridee Joint Venture
Sunset Ridee at Waikoloa. Phase III. Unit 1. Increment 2
Tax Map Kev (3)6-8-32-046 (~ortionl
We are transmitting for the Council's review and consideration for acceptance a copy of
the above dedication deed, along with a resolution accepting the deed.
For your information, the deed has been reviewed by the Department of Public Works,
Department of Water Supply and the Planning Department and all have recommended
acceptance of the dedication deed, as evidenced by the letter copies enclosed herewith. All
subdivision improvements have been completed.
Upon acceptance of the above dedication deed, please send notification of such
acceptance to: (1) Towne Development of Hawaii, Inc., 220 South King Street, Suite 2170,
Honolulu, Hawaii 96813; (2) Harry Takahashi, Director of Finance, County of Hawaii; and
(3) Gerald Takase, Deputy Corporation Counsel, who will record the said deed with the Bureau
of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By /~~-x--
LD TAKASE
puty Corporation Counsel
GT:de
Encs. Comm. No.
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F51e No.
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LAND COURT SYSTEM RFGUL.4R SYSTEM
Return by Mail ()Pick up To:
TITLE OF DOCUMENT:
DEDICATION DEED
PARTIES TO DOCUMENTS:
GRANTOR: SUNSET RIDGE JOINT VENTURE, a Hawaii general partnership
GRANTEE: COUNTY OF HAWAII, whose address is 25 Aupuni
Street, Hilo. Ha~~aii, 96720
PROPERTY DESCRIPTION: LIBER/PAGE/DOCI''~fENT NO.:
See Exhibit "A"
DOCUMENT NO.:
TRANSFER CERTIFICATE OF
Island of Hawaii TITLE NOtS).:
DFDICATION DFFD
THIS DEED, made this day of 1999, by SUNSET
RIDGE JOINT VENTURE, a Hawaii general partnership, whose principal place of business and
mailing address is 220 S. King Street, Suite 2170, Honolulu, Hawaii 96813, hereinafter called the
"Grantor," and the COUNTY OF HAWAII, a municipal corporation, whose principal place of
business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the
"Grantee,"
WITNESSETH:
That in consideration of the stun of ONE DOLLAR ($1.00) and other valuable
consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, dedicate and convey unto the Grantee, its successors and assigns, forever, the real
property described in Exhibit "A," attached hereto and made a part hereof.
TOGETHER with the reversions, remainders, rents, issues and profits thereof, and
all rights, easements, privileges and appurtenances thereunto belonging or appertaining, and all of
the estate, right title and interest of the Grantor, both at law and in equity, therein and thereto.
TO HAVE AND TO HOLD the same. unto the Grantee, for the purpose of roadway
use, forever.
AND, in consideration of the premises, the Grantor does hereby covenant with the
Grantee that the Grantor is seised of the property herein described in fee simple; that said property
is free and clear of and from all liens and encumbrances. except as may herein specifically be set
forth; that the Grantor has good right to sell and convey said property, as aforesaid; and that the
1
Grantor will WARRANT and DEFEND the same unto the Grantee against the lawful claims and
demands of all persons, except as aforesaid.
The righu and obligations of the Grantor and the Grantee shall be binding upon and
inure to the benefit of their respective estates, heirs. personal representatives, successors, successors
in trust and assigns. All obligations undertaken by two or more persons shall be deemed to be joint
and several unless a contrary intention shall be clearly expressed elsewhere herein.
The conveyance herein set forth and the warranties of the Grantor concerning the
same are expressly declared to be in favor of the Grantee, iu successors and assigns.
The term "Grantor" and "Grantee," as and when used herein, or any pronouns used
in place thereof, shall mean and include the masculine or feminine, the singular or plural number,
individuals or corporations, and their and each of their respective successors, heirs, personal
representatives and assigns. according to the context thereof ]f these presenu shall be signed by two
or more grantors, all covenanu of such parties shall for all purposes be joint and several.
IN WITNESS WHEREOF, the Grantor has executed these presents on the day and
year first above written.
SU?~ISET RIDGE JOINT VENTURE, a Hawaii
general partnership, by TRI-SUNSET RIDGE
VENTURE, INC., a Hawaii corporation, its general
partner
liy
Christopher L. Lau
Its Vice President
Grantor
2
APPROVED AS TO FORM
AND LEGALITY:
By
Corporation Counsel
Counq~ of Hawaii
Date:
STATE OF HAWAII )
ss.
CITY AND COUNTY OF HONOLULU(( )
On this ~ day of ~JQNUar , 1999, before me personally appeazed
CHRISTOPHER L. LAU, to me known, who, bei g by me duly sworn, did sa}• that he is the Vice
President of TRI-SUNSET RIDGE VENTURE, Inc., a Hawaii corporation, a general partner of
SUNSET RIDGE JOINT VENTURE, a Hawaii general partnership, and that the foregoing
instrument was signed in behalf of said corporation by authority of its Board of Directors and in
behalf of said partnership; and said officer acknowledged the instrument to be the free act and deed
of said corporation and said partnership.
`~o•~~~Gp 1S IILn,,,~.,, / l~I'CQJLICI~.i~.~~G?
Oa " • ~G Name: Monica S.L. Lu e
~07ARy
:~E` = Notary Public, State of Hawaii
pt/BL~G ~ My commission expires: NOV 1 2 Z~O~
~~~qh 11 l I I I I I I I p~~~\\`
3
EXHIBIT "A"
All of those certain parcels of land situate at Waikoloa, District of South Kohala.
Island and County of Hawaii, State of Hawaii, being a portion of Royal Patent 5671, Land
Commission Award 8521-B, Apana 1 to G. D. Hueu, being mordpartictilazly described as follows:
LOT 47, area 19,568 sgttarc feet, more or less; and
LOT 48, area 27,403 square feet, more or less;
of the "SUNSET RIDGE AT WAIKOLOA, PHASE 3, UNIT 1 as shown on File Plan No. 2213,
filed in the Bureau of Conveyances of the State of Hawaii.
Together with all rights and privileges conferred upon owners of lots within the
Waikoloa Village Subdivision by that certain Declaration of Protective Covenants, Conditions and
Restrictions dated May 27, 1971, recorded in the Bureau of Conveyances of the State of Hawaii in
Liber 7577 at Page 66, as now or hereafter amended and supplemented (the "Declaration"), the
aforementioned property being made subject thereto by supplemental Declaration dated March l .
1990, recorded as Document No. 90-029591; and
Being a portion of the land conveyed to Sunset Ridge Joint Venttue, a Hawaii
general partnership, by Deed dated October 19, 1990, recorded in the Bureau of Conveyances of the
State of Hawaii as Document No. 90-163144.
Subject, However, to:
I . Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. An easement for electrical proposes, in favor of Hawaii Electric Light Company.
Inc., a Hawaii corporation, dated November 24, 1997, recorded on Apri129, 1998, in the Bureau of
Conveyances of the State of Hawaii as Document No. 98-059335, in, over and across the parcels
herein described.
3. An easement for construction, installation, reinstallation, operation, maintenance.
repair and removal of a ~~'ater system, in favor of Waikoloa Rater Co., Inc., a Hawaii corporation.
dated .recorded on . in the Bureau of Conveyances of the State
of Hawaii as Document No. , in, under and across the parcels herein described.
END OF EXHIBIT "A"
YI •1r[I
Off`` 'r,,i
r•' ~ Il DEPARTMENT OF WATER SUPPLY COUNTY OF~HAWAIf;
o _
26 AURU'.. STREET Mi~O. HAWAII 9672)
MI •\\1
T ELEPtiOhE ~,:3~ 96t~B66 ~ F 7 Q
ROUTING ~ 1 fr11~ i
CC ACC
February 9. 1999 O'T ~L CHR
TAK _ .1
DAB 'JUi`!i f '•r,A ~iil
IF, KAM
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iu,:
T0: Mr. Richard D. Wurdeman, Corporation Counse
ATTENTION: N.R. IVAN TORIGOE. DEPUTY CORPORATION COUNSEL
FROM: Milton D. Pavao. Manager
SUBJECT: DEDICATION DEED - SUNSET RIDGE AT WAIKOLOA, PH. III, UNIT 1, INC. 2
GRANTOR -SUNSET RIDGE JOINT VENTURE
TAX MAP KEY (3) 6-B-032:046 POR.
The Department of Water Supply has no objections to the acceptability of the
above-mentioned document.
The water system within the Waikoloa area is privately owned.
Milton D. Pavao. P.E.
Manager
BMH:dms
Enc.
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~ ~ ~ V
DEPARTMENT OF PUBLIC WORKS~~o`~''-',
COUNTY OF HAWAII
DATE: April 3, 1999
%~~lNtaa~tt EY~~!
TO: Gerald Takase, Deputy Corporation Counsel~y, /
FROM: Galen M. Kuba, Engineering Division Chief
SUBJECT: DEDICATION DEED -ROADWAY LOTS 47 848
Subdivision: Sunset Ridge at Waikoloa, Ph. III, Unit 1, Inc. 2
Subdivision No.: 91-068
Subdivider: Sunset Ridge Joint Venture
TMK: 6-8-02: por. 36 new TMK for Roads: 6-8-32: por. 46
DPW Folder No.: 6849-L
The subject subdivision was satisfactorily reinspected March 30, 1999.
The subdivision's roads were built to County standards and we recommend dedication.
Please refer questions to Kelly Gomes at ext. 8327.
KG
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e. , _ ~ ~5rginia Goldstein
. 4eJ• !Y~y - i7bi'r lui
Stephen K. Y'amuhiro ~'v'-.\ jI
Mwnr • ~,S ~CUSSeII Kokubun
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PLANNING DEPARTbIEDIT': ` ~
25 Aupuni Street. Room 109 • Hilo. Hawa0 96~'11Ld752 'I~
(808) %1.8288 • Fax (808) 961.87~'~_~
May 5, 1999
MEMORANDUM
TO: Gerald Takase
Deputy Corp--oration Counsel
FROM: irginia`6oldste~
Manning Director
SUBJECT`: Dedication Deed: Sunset Ridge at Waikoloa, Ph. III, Unit 1, Inc.2
Sunset Ridge Joint Venture
TMK• (316-8 032•Por 46 (SUB 68851
We have received your Memorandum of Apri128,1999, regarding the above subject.
Final Subdivision Approval was granted on February 1, 1996. All conditions of the
Tentative Approval granted pursuant to the County Subdivision Code have been satisfied.
Lot 47 and Lot 48, are both roadways and have been named.
Should you have any questions, please contact Rodney Nakano of my staff.
RKN:Inm
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