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Home My WebLink AboutRES 662 Draft 01 2016-2018COUNTY OF HAWAII -�� _• STATE OF HAWAII E ppNp RESOLUTION NO. � A RESOLUTION ACCEPTING A GRANT OF PEDESTRIAN PUBLIC ACCESS EASEMENTS, IDENTIFIED AS TMK NOS: (3) 5-3-007:010 (POR.) AND (3) 5-3-007:041 (POR.), SITUATED AT HALAWA, PAPAA, AND NAPAPA'A, DISTRICT OF NORTH KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM VIPASSANA HAWAII, A HAWAII NONPROFIT CORPORATION AND INHABIT LLC, A DELAWARE LIMITED LIABILITY COMPANY. WHEREAS, VIPASSANA HAWAII, a Hawaii nonprofit corporation and INHABIT LLC, a Delaware limited liability company (hereinafter "Owners"), are the owners of the real property identified as Tax Map Key Nos: (3) 5-3-007:010 (por.) and (3) 5-3-007:041 (por.), situated at Halawa, Papaa, and Napapa'a, District of North Kohala, County and State of Hawaii; and WHEREAS, Tax Map Key Nos: (3) 5-3-007:010 (por.) and (3) 5-3-007:041 (por.) are parcels of land involved in a subdivision action SUB -7776 (Subdivision application 2000-056), approved March 19, 2004; and WHEREAS, pursuant to Section A of the Settlement Agreement dated the Fourth (4"') day of April, 2002, between the County of Hawaii and Surety Kohala Corporation, it was agreed upon that the lands involved in SUB -7776 would be subject to the public access requirements of Chapter 34 of the Hawaii County Code; 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 Hawaii; now, therefore, WHEREAS, VIPASSANA HAWAII and INHABIT LLC, owners of the real property identified as Tax Map Key Nos: (3) 5-3-007:010 (por.) and (3) 5-3-007:041 (por.), situated at Halawa, Papaa, and Napapa'a, District of North Kohala, County and State of Hawaii, desire to grant the County of Hawaii certain pedestrian public access easements, which easements are more particularly described and delineated in Exhibit "A" attached hereto in the Grant of Pedestrian Access Easement; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the County of Hawaii accepts the Grant of Pedestrian Public Access Easements described and delineated in Exhibit "A" attached hereto, from VIPASSANA HAWAII and INHABIT LLC. 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 Hawaii; (2) the Planning Department:. (3) Deputy Corporation Counsel Ronald Kim; and (4) VIPASSANA HAWAII, P.O. Box 551681, Kapaau, Hawaii 96755; (5) INHABIT LLC, 1775 W, 2nd Avenue, Durango, Colorado 81301. Dated at Kona Hawaii, this 17th day of ___ October 52018 . INTRODUCED BY: t COUNCIL BER, COUNTY OF/HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COCNCIL of the County of Elawai'i on October -17,_2018__- ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OiFFICLR 2 ROLL CALL VOTE Reference: C-1033/FC-141 RESOLUTION AYES NOES ABS EX CIIUNC'r X _ DAVID X EOFF --— -- KANUH _ X LEE LOY X O'HARA X I POINDEXTER i X CHARDS--------- �-- X I � RUGGLES ---- — - -- X ---------- --1 [- L- - - --- ------L--- 8 0 1 0 Reference: C-1033/FC-141 RESOLUTION EXHIBIT "A" As to Tax Map Key: (3) 5-3-007-010: All of that certain real property located in the County of Hawaii, State of Hawaii, identified as LOT 1, AREA 50.312 ACRES, more or less, as shown on that certain snap prepared by Wes Thomas Associates and approved by the Planning Department of the County of Hawaii on March 19, 2004, and comprising of the lands more particularly described hereinafter as "Parcel First" (Land Court -registered land) and "Parcel Second" (Regular System -not registered land): -PARCEL FIRST: - All of the certain parcel of land situate at Napapaa, District of North Kohala, Island and County of Hawaii, State of Hawaii, described as follows: LOT 1, area 30.575 acres, more or less, as shown on MAP 1 filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with LAND COURT CONSOLIDATION NO. 216 of Kohala Sugar Company, Inc. and William Atherton Kanakanui. Being the land described in Transfer Certificate of Title No. 860,222 issued to Vipassana Hawaii, a Hawaii nonprofit corporation. -Note:- Lot I has access to a public highway, to -wit Mahztkona-Niulii Government Main Road, over and across unregistered land, as set forth in Land Court Order No. 169548 filed February 23, 2007. The lands comprising Lot I shall constitute a single lot that may not be separately transferred or conveyed without further resubdivision of said lot. -PARCEL SECOND: - All of that certain parcel of land (being portions of the lands described in and covered by Royal Patent Number 6664, Land Commission Award Number 10486 to Naukana, Royal Patent Number 5449, Land Commission Award Number 10548 to Nakiaha, and Royal Patent Grant Number 660 to Kalua) situate, lying and being at Papaa, District of North Kohala, Island and County of Hawaii, State of Hawaii, being a PORTION OF LOT 1, being the land situated alongthe Westerly side of Roadway (20 -Ft. Wide) (Civil No. 5464), along the Northerly and Easterly boundaries of Lot 2 of this subdivision, and on the Northerly boundary of Lot 15 as shown on Map 1 of Land Court Consolidation No. 216, and on the Easterly boundary of Lot 1 as -13- shown on Map 1 of Land Court Consolidation No. 216, and thus bounded and described as per survey prepared by Wes Thomas and Associates dated May 30, 2004, to -wit: Beginning at the Southeasterly corner of this parcel of land, being also a point on the Westerly side of Roadway (20 -Ft. Wide) (Civil No. 5464), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAUHOLA", being 5,106.44 feet South and 4,047.38 feet East, and running by azimuths measured clockwise from True South: 1. 1080 23' 859.67 feet along the remainder of Royal Patent 5449, Land Commission Award 10548 to Nakiaha, and along Lot 15, as shown on Map 1 of Land Court Consolidation No. 216, to a point; 2. 2250 33' 259.20 feet along Lot 2, as shown on Map 1 of Land Court Consolidation No. 216, to a point; Thence, for the next three (3) courses following along Lot 2 of this subdivision and along the remainder of Royal Patent 6664, Land Commission Award 10486 to Naukana; 3. 2200 33' 244.00 feet to a point; 4. 2050 49' 353.95 feet to a point; 5. 1880 19' 370.79 feet to a point; 6. 2020 49' 165.14 feet along Lot 1, as shown on Map 1 of Land Court Consolidation No. 216, to a point; Thence, for the next six (6) courses following along highwater mark at seashore, the direct azimuths and distances being: 7. 3100 54' 78.17 feet to a point; 8. 2660 04' 193.64 feet to a point; 9. 3240 49' 98.76 feet to a point; 10. 2590 01' 80.13 feet to a point; 11. 2090 12' 118.01 feet to a point; 12. 2320 43' 112.98 feet to a point; -14- Thence, for the next thirteen (13) courses following along the Westerly side of Roadway (20 -Ft. Wide) (Civil No. 5464); 13. 220 40' 105.00 feet to a point; 14. 160 40' 119.00 feet to a point; 15. 180 40' 187.00 feet to a point; 16. 160 00' 139.00 feet to a point; Thence, following on a curve to the right with a radius of 500.00 feet, the chord azimuth and distance being: . 17. 240 30' 147.81 feet to a point; 18. 33° 00' 70.00 feet to a point; Thence, following on a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 19. 250 00' 116.91 feet to a point; 20. 170 00' 130.00 feet to a point; Thence, following on a curve to the left with a radius of 320.00 feet, the chord azimuth and distance being: 21. 50 00' 133.06 feet to a point; 22. 3530 00' 121.41 feet to a point; Thence, following on a curve to the right with a radius of 2,000.00 feet, the chord azimuth and distance being: 23. 3540 00' 69.81 feet to a point; 24. 355000' 232.81 feet to a point; Thence, following on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being: 25. 70 55' 30" 44.74 feet to the point of beginning and containing an area of 16.728 acres, more or less.. -Note:- This Portion of Lot I is NOT an individual lot of record, but rather a portion of a lot in an approved subdivision that consists of Land Court property and land recorded in the regular system. (Subdivision No. 7776, 7776-A; County of Hawaii Planning Department). -15- SAID PARCELS FIRST AND SECOND BEING A PORTION OF THE PREMISES ACQUIRED BY WARRANTY DEED: Grantor: SURETY KOHALA CORPORATION, a Hawaii corporation Grantee: VIPASSANA HAWAII, a Hawaii nonprofit corporation Dated: May 23, 2007 Filed: Land Court Document No. 3607138 Recorded: Regular System Document No. 2007-094783 As to Tax Map Key: (3) 5-3-007-041: All of that certain real property located in the Island and County of Hawaii, State of Hawaii, identified as LOT 2, TOTAL AREA 24.270 ACRES, more or less, shown on that certain map prepared by Wes Thomas Associates and approved by the County of Hawaii Planning Department on March 19, 2004, which LOT 2 is comprised of the land described hereinafter as "PARCEL FIRST" (Land Court registered land) and "PARCEL SECOND" (Regular System non- registered land) as follows: -As to "PARCEL FIRST: - All of that certain parcel of land situate at Napapaa, District of North Kohala, Island and County of Hawaii, State of Hawaii, described as follows: LOT 2, area 23.011 acres, more or less, as shown on Map 1 filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Consolidation No. 216 of Kohala Sugar Company, Inc. and William Atherton Kanakanui; Being the lands described in Transfer Certificate of Title No. 1,109,493 issued to INHABIT LLC, a Delaware limited liability company; TOGETHER WITH a non-exclusive easement for access and utility purposes, over and across EASEMENT "A-1", being more particularly described in instrument dated November 25, 2009, recorded as Document No. 2009-184762; TOGETHER ALSO WITH a non-exclusive easement for access and underground utility purposes, over and across EASEMENT "22", as shown on Map 12 of Land Court Consolidation No. 216, over Lot 4 (Map 1, Cons. 216); TOGETHER ALSO WITH a non-exclusive easement for underground utility purposes, over and across EASEMENT "24", as shown on Map 12 of Land Court Consolidation No. 216, over Lot 4 (Map 1, Cons. 216); -16- TOGETHER ALSO WITH EASEMENT "26" for pedestrian access purposes over and across Lot 1 (Map 1, Cons. 216), as shown on Map 14 of Land Court Consolidation No. 216, as set forth by Order filed as Land Court Document No. T-8962142; TOGETHER ALSO WITH EASEMENT "27" for access purposes over and across Lot 3 (Map 1, Cons. 216), as shown on Map 14 of Land Court Consolidation No. 216, as set forth by Order filed as Land Court Document No. T-8962142; TOGETHER ALSO WITH EASEMENT "28" for access purposes, over and!across that portion of the easement within Lots 3 and 5 (Map 1, Cons. 216), as shown on Map 14 of Land Court Consolidation No. 216, as set forth by Order filed as Land Court Document No. T-8962142. -As to PARCEL SECOND: - All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5549, Land Commission Award 10548 to Nakiaha), situate, lying and being at Halawa, District of North Kohala, County and State of Hawaii, being also a portion of LOT 2, as shown on survey map by Wes Thomas and Associates, dated November 25, 2003, revised on March 5, 2004, bearing Tax Key designation (3) 5-3-007-041 (portion), and containing an undetennined land area. -Note:- The lands comprising Lot 2 shall constitute a single lot that may not be separately transferred or conveyed with oict ficrther resubdivision of said Lot 2. TOGETHER WITH an access to a public highway to Mahukona-Niulii Government Main Road, over and across Easements 5 and 3, as provided by Land Court Order No. 169548,, filed on January 2,5, 2007. -Note:- Said Easements 5 and 3 is not contiguous to Lot 2. No title insurance with respect to the easement over said Easements 5 and 3 can be provided. Said real property being the premises acquired by WARRANTY DEED: Grantor INHABIT HAWAII LLC, a Delaware limited liability company Grantee INHABIT LLC, a Delaware limited liability company Dated December 12, 2015 Filed Land Court Document No. T-9495261 Recorded Document No. A-58430588 END OF EXHIBIT "A" -17-