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Home My WebLink AboutRES 471 Draft 01 2016-2018 O411 0i H1/f'., COUNTY OF HAWAII I.- STATE OF HAWAII •Cµ'Vi'``-• RESOLUTION NO. 471 18 A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS 58, 59 AND 60 FOR LUALA`I PHASE 1, IDENTIFIED AS TMK NO: (3) 6-7-003:109 (POR.), SITUATED AT LALAMIO AND WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND COUNTY OF HAWAII, STATE OF HAWAII FROM KAOMALO LLC, A HAWAII LIMITED LIABILITY COMPANY. WHEREAS, Kaomalo LLC, a Hawai`i Limited Liability Company, (hereinafter "Kaomalo"), is the fee simple owner of those certain roadway parcels of land for Luala'i Phase 1, situated at Lalamio and Waikoloa, District of South Kohala, Island and County of Hawai`i, State of Hawai`i, being Roadway Lots 58, 59 and 60, identified as TMK: (3) 6-7-003:109 (por.) (hereinafter"roadway"), as described in Exhibit "A" and delineated on Exhibit "B", which are attached hereto and made a part hereof; and WHEREAS, Kaomalo is desirous of dedicating the above roadway and all improvements thereon to the County of Hawai`i for roadway purposes, and the roadway 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 Hawaii County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 21, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawaii 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 roadway 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 the roadway, being Roadway Lots 58, 59 and 60, identified as TMK: (3) 6-7-003:109 (por.), described in Exhibit"A" and delineated on Exhibit "B" from Kaomalo LLC for public roadway purposes. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to: (1) the Honorable Harry Kim, Mayor of the County of Hawai`i; (2)the Department of Public Works; (3) Deputy Corporation Counsel Ronald Kim; and (4) Case Lombardi & Pettit, Attn: Colleen Okashige, Pacific Guardian Center, Mauka Tower, 737 Bishop Street, Suite 2600, Honolulu, HI 96813. Dated at Hilo , Hawai`i, this 7th day of February , 2018 • INTRODUCED BY: 6/1-C16/12- C /i / CIL 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 KANUHA County of Hawai`i on February 7, 2018 X LEE LOY X O'HARA X ATTEST: POINDEXTER X RICHARDS X RUGGLES X • ri r:' 9 0 0 0 Reference: C-690/PWPRC-32 COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 471. 1 2 EXHIBIT"A" -PARCEL FIRST:- All of that certain parcel of land situate at Lalamilo and Waikoloa, Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, being LOT 58 of the "LUALA'I SUBDIVISION AT PARKER RANCH, PHASE I", as shown on File Plan Number 2343, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 32,718 square feet, more or less. -PARCEL SECOND:- All of that certain parcel of land situate at Lalamilo and Waikoloa, Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, being LOT 59 of the "LUALA'I SUBDIVISION AT PARKER RANCH, PHASE I", as shown on File Plan Number 2343, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 41,078 square feet, more or less. -PARCEL THIRD:- All of that certain parcel of land situate at Lalamilo and Waikoloa, Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, being LOT 60 of the "LUALA'I SUBDIVISION AT PARKER RANCH, PHASE I", as shown on File Plan Number 2343, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 60,351 square feet, more or less. -AS TO PARCELS FIRST THRU THIRD:- BEING THE PREMISES ACQUIRED BY LIMITED WARRANTY DEED GRANTOR : PARKER RANCH, INC., a Hawaii corporation GRANTEE : KAOMALO LLC, a Hawaii limited liability company DATED : February 19, 2002 RECORDED : Document No. 2002-053871 SUBJECT, HOWEVER, to: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Unrecorded GRANT OF EASEMENT by RICHARD SMART in favor of HAWAII ELECTRIC LIGHT COMPANY, INC., dated May 1, 1972, as mentioned in instrument recorded in Liber 9167 at Page 2. 3. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in the following: Luala'i Phase I --Roads 22594/180/1503796.2 1 , EXHIBIT A INSTRUMENT: QUITCLAIM DEED DATED : January 29, 2002 RECORDED : Document No, 2002-053870 The foregoing includes, but is not limited to, matters relating to water reservations, right to grant easements, etc. 4. Grant of Easement to Hawaii Electric Light Company, Inc. and GTE Hawaiian Telephone Company, Incorporated, now known as Hawaiian Telcom, Inc. dated March 20, 2003, recorded as Document No. 2004-009177, granting a perpetual right and easement for utility purposes. 5. Grant of Easement to Water Board of the County of Hawaii dated May 6, 2003, recorded as Document No. 2003-090467, granting an easement for utility purposes. 6. GRANT OF WASTEWATER FACILITIES EASEMENTS TO • WAIMEA WASTEWATER COMPANY, INC., a Hawaii corporation DATED July 20, 2015 RECORDED : Document No. A-56831277 GRANTING : non-exclusive easements (the "Easements") for the transmission of sewage and other wastewater purposes, over, under and through Easement "S- 20", affecting Lot 58; Easement "S-21", affecting Lot 59, and Easement"S-22", affecting Lot 60 END OF EXHIBIT "A" Luala'i Phase 1--Roads 22594/180/1503796.2 2 0 HIGHWAY .c 0 3 p 10 4 '!I", SUO0Iu ' �BKAOMOLOA PLACE maPM>>14 onn .!Cron!9879to013 �'or KAOMOLOA 5UB01VISION INCREMENT 2^ . lltor• EE LOT 58 O� co.,d� ... T _- 22 20 1s 18 » 16 15 alltAmAL. O iik gmt 40 J NU.- -11AV 'oo it riflopr9,75visii �� ° PANALE'A STREET, 0j0 At� 49 e '�� 48 D• H � 6rn G.‘1(4foo �o sl toIIIIIIFilar • X ilt, ipp4 SIRFFg8521 110 AQ 50u = GWI ms`s2 p 5671. 3 lit (,� >`s r� J 1 1 562781' 60, .. .. is >6 co 40 port ' ° „- as A . cf., 6, _.> Xi 111111111117 ~ O 9 LUALA'I SUBDIVISION AT PARKER RANCH - PHASE - 2 ROAD DEDICATION LOCATION MAP - LUALA'I SUBDMSION AT PARKER RANCH - PHASE - 1 (FILE PLAN 2343) TO BE DEDICATED: LENGTH WIDTH DRYWELLS LOT 58 (KAMALO'O STREET) 597 LF (0.11 MILE) 50 FEET 8 LOT 59 ((KAMALO'0 STREET) 319 LF (0.06 MILE) 50 FEET 4 LOT 59 (KALEI'OHU STREET) 449 LF (0.09 MILE) 50 FEET 4 LOT 60 (KAOMOLOA ROAD) 489 LF (0.09 MILE) 60 FEET 5 LOT 60 (PANALEA STREET) 595 LF (0.11 MILE) 50 FEET 6 TYPE OF ROADS: 50-FT RIGHT OF WAY WITH 32 FT WIDE PAVEMENT (2" AC) AND GRASSED DRAINAGE SWALE 60-FT RIGHT OF WAY WITH 36 FT WIDE PAVEMENT (2" AC) AND GRASSED DRAINAGE SWALE NUMBER OF LOTS: 57 LOTS AND 3 ROADWAY LOTS TAX MAP KEY: 6-7-03: 52 THRU 108, INCLUSIVE, AND PORTION OF 109 Honolulu, Hawaii ENGINEERS SURVEYORS HAWAII, INC. 1320 North School Street 12-79 CML ENGINEERS LAND SURVEYORS — CONSTRUCTION MANAGERS October 30, 2012