HomeMy WebLinkAboutRES 275 Draft 01 2020-2022ilN4Y.
OF H,1
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO.
A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT 58, KIKAHA
AT WEHILANI,PHASE 1,BEING IDENTIFIED AS TMK NO. (3) 6-8-037:058,
SITUATED AT WAIKOLOA,DISTRICT OF SOUTH KOHALA,ISLAND AND
COUNTY OF HAWAII, STATE OF HAWAII FROM CASTLE & COOKE
WAIKOLOA,LLC,A HAWAII LIMITED LIABILITY COMPANY.
WHEREAS, CASTLE& COOKE, LLC (hereinafter, "Owner"), is the owner of
Roadway Lot 58, Kikaha at Wehilani, Phase 1, identified as TMK No. (3) 6-8-037:058, Situated
at Waikoloa, South Kohala, Island and County of Hawai'i, State of Hawai'i, as described in
Exhibit A, and delineated in Exhibit 13, which are attached hereto and made part hereof; and
WHEREAS, Owner is desirous of dedicating the Roadway and all improvements thereon
to the County of Hawai'i, a municipal corporation of the State of Hawai'i (hereinafter, the
County of Hawaii"), 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 Hawai'i County Code prohibits the Council from
receiving by dedication any streets in any subdivision platted after December 2, 1966 except
upon full compliance with provisions of Chapter 23; and
WHEREAS, Article X111, Section 13-12 of the Hawai'i 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 roadways and improvements thereon are in full compliance with 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 a dedication.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAI'I,in 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 for public road purposes.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to (1) The Honorable Mitch Roth, Mayor of Hawai'i County; (2) the Department of
Public Works; (3) Deputy Corporation Counsel Dalilah Schlueter; (4) Castle & Cooke, LLC, 680
Iwilei Road, Suite 510, Honolulu, Hawai`i 96817.
Dated at Kona Hawai`i, this 22nd day of December 2021 .
INTRODUCED BY:
v`' ``j1CLMEMBER, F A WAI I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
County of Hawai`i on December 22, 2021
KIERKIEWICZ X
KIMBALL X
AT'1'hST: LEE LOY X
RICHARDS X
VILLEGAS X
9 0 0 0
t/Reference:C-525/PWMTC-13
tor.40-l
RESOLUTION NO. 27521COAIRPERSON&PRESID ICER
2
EXHIBIT «A„
All of that certain parcel of land situate at Waikoloa, South Kohala, Island and County of
Hawaii, State of Hawaii, being LOT 58 of the "KIKAHA AT WEHILANI PHASE I", as
shown on File Plan Number 2421, filed in the Bureau of Conveyances of the State of
Hawaii, and containing an area of 5.716 acres, more or less.
Being a portion of the premises conveyed to the Grantor herein by Deed dated June 22,
2001, recorded in the Bureau of Conveyances of the State of Hawaii as Document No.
2001-095348.
SUBJECT, HOWEVER, to the following:
1. Mineral and water rights of any nature.
2. GRANT
TO WAIKOLOA VILLAGE ASSOCIATION, a Hawaii nonprofit
corporation
DATED December 11, 1987
RECORDED : Liber 21447 Page 724
3. DESIGNATION OF EASEMENT "W-1"
PURPOSE waterline pipeline
SHOWN on File Plan No. 1976
4. GRANT
TO WAIKOLOA WATER CO., INC., a Hawaii corporation, doing
business as WEST HAWAII WATER COMPANY
DATED August 21, 2000, but effective as of February 25, 1990
RECORDED Document No. 2000-124712
6-
i
5. The terms and provisions contained in the following:
I
INSTRUMENT: DECLARATION OF PUD COVENANTS FOR WEHILANI
DATED June 19, 2006
RECORDED Document No. 2006-112216
I
LANDSCAPING MAINTENANCE COVENANT dated February 14, 2017,
recorded as Document No. A-62630960.
6. GRANT
TO WAIKOLOA WATER COMPANY, INC., a Hawaii corporation,
doing business as WEST HAWAII WATER COMPANY
r
DATED October 16, 2006, but effective as of August 16, 2006
RECORDED Document No. 2006-190601
7. GRANT a
i
TO WAIKOLOA SANITARY SEWER COMPANY, INC., a Hawaii
corporation corporation, doing business as WEST HAWAII
SEWER COMPANY
DATED October 16, 2006, but effective as of August 16, 2006
RECORDED Document No. 2006-190602
END OF EXHIBIT "A"
7-
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EXHIMB
The landscaping locations referred to in the attached declaration are those portions within
roadway Lot 58 of File Plan 2421 landscaped at any time by the Declarant. Roadway Lot 58 is
shown on the site plan below colored in black.
L q
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Plan#2421
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