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Home My WebLink AboutCOM 0342.000 1998-2000 rr a .4 Stephen K. Yamashiro ,f Richard Wurdeman Mayor Cor6orotion Cownxl w . •q: 9r~ ~.N'~ ~IIltttf}DT II~ ~.tl~lt~ii OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Sul[e 325 • Hilo, Hewai'i %720-4262 • (808) 961.8211 • Fax 18051 %1.8622 June 17, 1999 cr, ca ~7 c C7 Z C ~ T Honorable James Arakaki, w Chairman and Members O ~ Hawaii County Council ~ ~ = 3 rf i 25 Aupuni Street = ~ cn Hilo, Hawaii 96720 ~ ~ m Dear Chairman Arakaki and Council Members: Re: Mohouli Extension--Komohana Street to Ainako Avenue We are transmitting for the Council's review and consideration for acceptance copies of warranty deeds from Sunrise Estates Joint Venture, along with a resolution accepting the deeds. Upon acceptance of the above dedication deed, please send notification of such acceptance to: (1) Sunrise Estates Joint Venture, c/o Michael S. Chagami, P. O. Box 747, Hilo, Hawaii 96720; (2) Harry Takahashi, Director of Finance; (3) Galen Kuba, Engineering Division, Department of Public Works; and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said deeds with the Bureau of Conveyances. Sincerely, RICHARD D. WURDEMAN Corporation Counsel By ~~h:~.~ K . GERALD TAKASE Deputy Corporation Counsel GT:de Encs. a:\mohouli\transreso. wpd Comm. No, ~ ` F51e No. ~ O C Ref, To: ~'ouNc [ ~ Ref. Date 2 2 1899 LAND COURT SYSTEM REGULAR SYSTEM Retum by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 a:~cnohouliisunriselots332&333.wpd Tax Map Key (3)2-4-073:035 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That, SUNRISE ESTATES JOINT VENTURE, a Hawaii joint venture, whose principal place of business and mailing address is 345 Kekuanaoa Street, Hilo, Hawaii 96720, hereinafter called the "Grantor," in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, County and State of Hawaii 96720, hereinafter called the "Grantee," the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee, its successors and assigns, in fee simple, forever, the following real property: All of those certain pieces or parcels of land situate at Kukuau 1st, District of South Hilo, Island and County of Hawaii, State of Hawaii, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by reference. -1- TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and assigns, in fee simple, forever. AND the Grantor, for itself, its successors and assigns, does hereby covenant with the Grantee, its successors and assigns, that it is seised in fee simple of the above-described premises; that the same is free and cleaz of and from all encumbrances, except as aforesaid; that it has good right to sell and convey the same as aforesaid; and that it will, and its successors and assigns will, WARRANT AND DEFEND the same unto the Grantee, its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed on this day of , 1999. SUNRISE ESTATES JOINT VENTURE Its ~~ucCcr Its T w.u~.~? APPROVED AS TO FORM AND LEGALITY: ~ uty Corporation Counsel County of Hawaii -2- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this i ~ day of ~ c. , 1999, before me appeared R~ci:a.d lkn.~ier.;cn and h i~: ~ i r ~,~.,~n.~ , to me personally ]mown, who, being by me duly sworn, did say that they aze the t+~-: ~der/ and -rt.s,~.~ ,respectively, of SUNRISE ESTATES JOINT VENTURE, a Hawaii joint venture; egeing instrument is Ehe corporate seal of ~.I-c.ak. s~~jei~veREure;-that said instrument was signed and sealed in behalf of said joint venture by authority of its Boazd of Directors; and that said ~~y d ue~d~»n and M~~na~~ 5 Chnu4nt~ acknowledged said instrument to be the free act and deed of said joint venture. r A . c~~nature ~ : ~e~ :,kSb~~IG G. MGct~4 Ia~SL~G :Print or Type Name `',~y'•., '~o[aryPublic,StateofHawaii S'~~~~~FumP\\ , My Commission Expires: ria~t~r ' 2 z~c~2 -3- EXHIBIT "A" All of that certain parcel of laud situate at Xu}niau let, South Hilo, Island and County of Hawaii, 6tate of Hawaii, described as follows: LOTS 332, area 0.561 acre; and 333, area 0.572 acre, more oz less, ae shove as Nap 73, filed in the Office of the Aseistaat Registrar of tbt the Lead Court of the State oL Nav?aii with Load Court Application No. 1205 (amended) of Cooke Trust Company, Liaited, Trustee under the Mill sad of the Setate o! Akaaa Amelia Richardson, dewaesd; Bsinq the lead(s) described is Transfer Certificate of Title No. 37!,071 issued to BWAtISB E9TATi8 JOINT VBS7TUR8, a Saxaii joint venture. SUBJECT, 80WEVBR, to: -AS TO LOT 332:- DSBI(R~ATION O! BASSbRSMT "159' ?QRFO38 drainage 8N011N oa Map 73, a set forth by Load Court Order No. 10414, filed xtobsr 1991 -AS TO LOT 333:- Rights o! others xho may hays easement or access rights. -4- r 1 " \ ~ n e ~ i ~..r°Lg.•.. v^ ..oo/..e • a:I K 1 / ooe .ID • 1~ti-/ ~ ~ O ~ru s -..w u;+x. f C ~ ~ E C ~ ~ ~ ` 1.~ {t•`"i:• b ..eas r Z ~ I9 ~ i ~ ! r ~ C .Y. N..rr ~-M1 ~_J.bn~~ , ~ 0.rrw~ Vl• ~ U~•! RWwC IM 9 ~ ~ ~ ~ I~ a sus ....K.-o. ~'a~ O t ~ ~ea 1• L"O/k. /nac b. l."a"M~~I ~ /.e•9 M- t•n~.•.. /see 1.. 4 ~ O' ~ u s j' I 4 I ; . s ~ ew • ~ .asa • " • rr • •h.L ~ N \ hr r g '_~0ti • ~s •ns o ~ Q : • K- i~ S t I1) • 4 Y~ 4ti~ i /!•b ~ 1 ~ l 'f ~ f v 1, i t t y r.r ~Ir~-.,« iOR "~O~t9TT A3SESSM[NT ?UII~pSIS 1 ' ON SUBJECT TO CNANGI - 931 - CXHIBIT "B" _g_ LAND COURT SYSTEM REGULAR SYSTEM Retum by Mail (XX) Pickup ( ) To: Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 a:~mohouli~sunriseroadlotd.wpd Tax Map Key (3)2-5-063:027 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That, SUNRISE ESTATES JOINT VENTURE, a Hawaii joint venture, whose principal place of business and mailing address is 345 Kekuanaoa Street, Hilo, Hawaii 96720, hereinafter called the "Grantor," in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00) and other valuable consideration to it paid by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose principal place of business and mailing address is County Building, 25 Aupuni Street, Hilo, County and State of Hawaii 96720, hereinafter called the "Grantee," the receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey unto the Grantee, its successors and assigns, in fee simple, forever, the following real property: All of that certain piece or parcel of land situate at Kukuau 1st, District of South Hilo, Island and County of Hawaii, State of Hawaii, more particularly described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made apart hereof by reference. -I- TO HAVE AND TO HOLD the same, together with all rights, improvements, easements, privileges and appurtenances thereunto belonging or in anywise appertaining, or held and enjoyed therewith, unto the Grantee, its successors and assigns, in fee simple, forever. AND the Grantor, for itself, its successors and assigns, does hereby covenant with the Grantee, its successors and assigns, that it is seised in fee simple of the above-described premises; that the same is free and clear of and from all encumbrances, except as aforesaid; that it has good right to sell and convey the same as aforesaid; and that it will, and its successors and assigns will, WARRANT AND DEFEND the same unto the Grantee, its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed on this day of , 1999. SUNRISE ESTATES JOINT VENTURE irx.. 1.~.,...+a P.~.~,Cw sy _ Its ~.,,,,;a.~- . By yc.: u~ C~,~,-,--. Its T,as•cua..J APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel ' County of Hawaii -2- STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this ~ day of , 1999, before me appeared ~~:r,,.d µr~,i~ and M~<i.~,~i ~ ; ~ ..:~.~m~ , to me personally known, who, being by me duly sworn, did say that they aze the P~. ~,~i~,a and Tru~u~~-' ,respectively, of SUNRISE ESTATES JOINT VENTURE, a Hawaii joint ventwe; that-theseal affiXedto the~foregomgmstronterrt IS the corporetesea} of ' ~ paid-jeir~-venfare; that said instrument was signed and sealed in behalf of said joint venture by authority of its Board of Directors; and that said ~~~t,~e and M.~ho~i ~ ~ hac~mi acknowledged said instrument to be the free act and deed of said joint venture. :~,~r,~, ~~P p, M~'r,' . ~~4 ~l~acdtL . Fp Sigttature ~~~TAIrj, ~She,~a C Mn~.tn NUBLt:~ Flint or Type Name sT~•`, ...~P ~3otazy Public, State of Hawaii ~ F YAP r,~n~i~~ u~~~~<~~. My Commission Expires: Nvrcmtx• n, 2on2 -3- EXHIBIT "A" Ali of that certain parcel of land (being portion of the land(s) described is sad covered by Rayal Patent Grant 5706, Laad Commission Award 8521-H, part 2 to G. D. Hueu) situate, lying sad being at Rukuau 2nd, South Hilo, island and county of &awaii, State of Aawaii, being &OAD LOT D of the "SDNRTSE ESTATES, IID1IT 1-A sad thus bounded and described: 1. 250° 22' 3e.44 feet along Government Remainder of Poaahawaii 2. 298° 33' 238.00 feet along Goverment Remainder of Ponahawai; 3. 250° 46' 589.00 feet along Government Remainder of Poaatwwai; 4. 229° 09' 581.84 feet along Government &emaiader of Ponahawaij 5. 293° 36' 3.15 feet along Lot 28 of 9uariee ridge 8ubdiviaioa; 6. 49° 09' 582.60 feet along lcukusu Street; 70• 46' 590.20 feet along lot 326 and lot 33 of Land Court Application 1205 (Map 73) ; 8. 50° 34' 35• 34.86 feet along Lot 333 of Laad Court Application 1205 (Map 73); 9. 119° al' 252.66 feet along Lot 15 to the point of beginning and containing an area of 10,810 square feet or 0.2482 acres, more or less. -4- BBINCi TF03 PR8MI68S aCQO'IRBD 8Y NARRANTY DEED G'RAliTOR t NILLIIIN V. BRILHRtiTB, +'n~+-~ied C}8]1LiT88 SIIl~ISB RSTATSS JOINT VSNTIIRB, a Hawaii joist venture . DATim Fe~suary 7, 1996 BBCORDSD Documaat No. 96-037510 SUBJECT, BOWEYER, to: 1leaervatioa in favor of the State of Aaaaii of all taiaeral sad stetallic mines. The tezme and pmvisioas, including the failure to comply with nay covenants, conditions sad reservations, contained is the following: ZNST&III~NT DBED DATBD May 1{, 1992 RBCORDSD Do~~T<*t No. 92-085860 -5- EXHIBIT ~ . B iv Q J~ ~ < ~ 0 ~ ~ ' ~ o ~ ,~w ~ ~ ~ o ~h~~ ~ _ ~ 9.nfx 6~a[c JoM vennra MC7HOUL 1 5T 'l~ET N ~ ~ g 2g8 °33' _ 23b.00 m EXT~IVS lOhl m W 8 ~ •4!' .732.66 n _ - ~b h ^-g4'6P 15243 0 b~p'~~ ~JK~ ~ N ~~n 'S ,qu" r m n~ ` 7 LM1~h 0 ~ ~~J(/ a ~ m ry ,~7 • i Y~< --~y I .0 <y R 45Q9 = 7~C f 0 ~ ~l / I e~ Qnhe '!s ~ J •xn / ` ` fn -6- JAMES Y. ARAKAKI .rwM- AARON S.Y. CHUNG Chuinmm & Po~esidin,q 0{/icer ~ ''ti BOBBY JEANgN LEITHEAD TODD (UEj~11~N~LARIONOFF AL SMI'T'H ~~jj ~ J 49ee Chairnvma ••i~ NANCY PISICCAICJ~ a ' gg o`oMiNrc ~~E~c~ 7 COUNTY COUNCIL ~ CGI~U,-~, ,~l CounNgfHawai'i 'DU(V~~ LF I-(~~/~1t Hawaii Coun(v B,eilding 25 Aupuni Slreet Hilo, Hawaii 9h72o June 22, 1999 James Y. Arakaki, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Resolution Authorizing the Acceptance of Roadway lots from Sunrise Estates Joint Venture, Tax Map Keys (3) 2-4-073-035 & 2-5-063-027 for the Mohouli Street Extension, Komohana Street to Ainako Avenue Pursuant to Section 1(e) of Rule 4 of the Rules of Procedure of the Council of the County of Hawaii, this written request is submitted with my approval that the above-referenced matter be waived from the Committee on Public Works and Parks to the full Council for immediate action. In reviewing this matter, timely approval is crucial. It is therefore advantageous that approval is granted and the matter placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Public Works and Parks for placement on its future agenda. Si cerely, v, Dominic Yagong, hit Committee on Publ r cs adhd Parks App • /Date/Waive t un Disapproved/Date/Refer to PWPC: J Arakaki, Chair James Y. Arakaki, Chair awa' County Council Hawaii County Council