The URL can be used to link to this page

Home My WebLink AboutRES 037 Draft 01 2018-2020COUNTY OF HAWAII -•'•S- / STATE OF HAWAII 4TiOF•N.''_. RESOLUTION NO.37 19 A RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOTS A AND D MANAWALEA STREET) AND ROAD LOTS B AND C (KA'EKA STREET), IDENTIFIED AS TMK NO. (3) 7-4-021:044, SITUATED AT KEAHUOLU, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM FHT KAMAKANA, LLC,A HAWAII LIMITED LIABILITY COMPANY. WHEREAS, FHT Kamakana, LLC, a Hawaii limited liability company(hereinafter Owner"), is the owner of Road Lots A and D (Manawalea Street) and Road Lots B and C Ka'eka Street), identified as TMK No: (3) 7-4-021:044 (hereinafter,the "Roadways"), situated at Keahuolu, District of North Kona, Island and County of Hawai`i, State of Hawai`i, as described in Exhibit"A" and delineated on Exhibit"B", which are attached hereto and made a part hereof; and WHEREAS, Owner is desirous of dedicating the Roadways and all improvements thereon to the County of Hawai`i, a municipal corporation of the State of Hawai`i (hereinafter, the"County of Hawai`i"), except for certain landscaping improvements as described in that certain Landscape Maintenance Agreement by and between SCD Kamakana, LLC, a Hawaii limited liability company and the County of Hawaii, for roadway purposes, the Roadways 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 21, 1966 except upon full compliance with provisions of Chapter 23; and WHEREAS, Article XIII, 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 ofthe 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 the provisions of Chapter 23 ofthe 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, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and Chapter 23 of the Hawai`i County Code, the County of Hawai`i accepts the dedication ofthe Roadways for public road 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) Settle Meyer Law, LLLC, Attn: Bryan Chee, Esq., 900 Fort Street Mall, Honolulu, Hawai`i 96813. Dated at Kona Hawai`i,this 20th day of February 2019 . INTRODUCED BY: lir 0/VP MEMBER, CO 1 0 •A • I`I 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 KANEALI`I-KLEINFELDER X County of Hawaii on February 20, 2019 KIERKIEWICZ X LEE LOY X ATTEST: POINDEXTER X RICHARDS X V.I_I_,I.,EGAS X 0 I 9 0 0 O Reference: C—68/PWMTC -1g1-1COUNTYCLE2::::: NSGPRESING OFFICER RESOLUTION NO. 37 19 EXHIBIT"A" FIRST: KAMAKANA VILLAGE, PHASE 1A ROAD LOT A Being a portion of Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole. Certificate of Boundaries No. 45) Situate at Keahuolu,North Kona, Island of Hawaii, Hawaii Beginning at the West corner of this parcel of land, being also the Easterly corner of Lot A-4,the coordinates of said point of beginning referred to Government Survey Triangulation Station KEAHUOLU" being 3,747.11 feet North and 10,760.40 feet East and running by azimuths measured clockwise from true South: 1. 241° 11'337.98 feet along Lot 10; 2. Thence along Lot 10 on a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 196° 11' 28.28 feet; 3. 241° 11' 59.00 feet along Road Lot B (Ka'eka Street); 4. 331° 11' 120.00 feet along Lot 11, Road Lot B (Manawalea Street) and Lot 12; 5. 61° 11' 59.00 feet along Road Lot C (Ka'eka Street); 6. Thence along Lot 9 on a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 106° 11' 28.28 feet; 7. 61° 11'337.96 feet along Lots.9 and 8; 8.151° 10' 80.00 feet along Lot A-4 to the point of beginning and containing an area of 35,889 square feet, more or less. SECOND: KAMAKANA VILLAGE, PHASE lA ROAD LOT B Being a portion of Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole. Certificate ofBoundaries No. 45) Situate at Keahuolu,North Kona, Island of Hawaii, Hawaii Beginning at the Northerly corner ofthis parcel of land,being also the West corner of Lot 11 and on the Southerly side of Lot B-2 (Hawaiian Home Lands),the coordinates of said point of beginning referred to Government Survey Triangulation Station " KEAHUOLU" being 4,354.05 feet North and 10,902.42 feet East and running by azimuths measured clockwise from true South: 1. 331° 11' 443.32 feet along Lot 11; 2. 61° 11' 59.00 feet along Lot A (Manawalea Street); 3.151° 11'436.30 feet along Lot 10; 4. 234° 24' 59.42 feet along the Southerly side of Lot B-2 (Hawaiian Home Lands)to the point of beginning and containing an area of 25,950 square feet, more or less. THIRD: KAMAKANA VILLAGE, PHASE 1A ROAD LOT C Being a portion of Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole. Certificate of Boundaries No. 45) Situate at Keahuolu,North Kona, Island of Hawaii, Hawaii Beginning at the West corner of this parcel of land, being also the Northeast corner of Lot 9 and on the Easterly side of Road Lot A (Manawalea Street),the coordinates of said point of beginning referred to Government Survey Triangulation Station " KEAHUOLU" being 3,832.05 feet North and 11,122.25 feet East and running by azimuths measured clockwise from true South: 1. 241° 11' 59.00 feet along Lot A (Manawalea Street); 2. 331° 11'514.00 feet along Lot 12; 3. 61° 11' 59.00 feet along Lot 17; 4.151° 11'514.00 feet along Lot 9 to the point ofbeginning and containing an area of 30,326 square feet, more or less. FOURTH: KAMAKANA VILLAGE, PHASE lA ROAD LOT D Being a portion of Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole. Certificate of Boundaries No. 45) Situate at Keahuolu,North Kona, Island of Hawaii, Hawaii Beginning at the Southerly corner of this parcel of land,being also the West corner of Lot 12, the coordinates of said point of beginning referred to Government Survey Triangulation Station " KEAHUOLU" being 3,865.74 feet North and 11,171.05 feet East and running by azimuths measured clockwise from true South: 1.151° 11' 108.00 feet along Road Lot A (Manawalea Street); 2. Thence along Lot 11 on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 286° 11' 28.28 feet; 3. 241° 11'500.17 feet along Lot 11; 4. Thence along Lot 11 on a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 194° 05' 03.5" 29.30 feet; 5. Thence along Lot 14 on a curve to the right with a radius of 1600.00 feet, the chord azimuth and distance being: 328° 56' 43" 109.45 feet; 6. Thence along Lot 13 on a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 106° 02' 39.5" 28.22 feet; 7. 61° 11'504.40 feet along Lots 13 and 12; 8. Thence along Lot 12 on a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 16° 11' 28.28 feet to the point of beginning and containing an area of 37,285 square feet, more or less. Being a portion of the land conveyed by the following: QUITCLAIM DEED WITH RESERVATION OF RIGHTS (KAMAKANA VILLAGES AT KEAHUOLU 272 ACRES) Grantor: F.H.T. EXCHANGE, INC., a Hawaii corporation Grantee: FHT KAMAKANA, LLC, a Hawaii limited liability company Dated: June 30, 2009 Recorded: July 13, 2009 Document No. 2009-106530 SUBJECT,HOWEVER, TO: 1. Reservations in favor ofthe State of Hawaii of all mineral and metallic mines, including,but not limited to, geothermal rights, and the right to remove the same, all right, title, interest or claim to waters having their source upon or flowing over or under the property, easement for the free flowage of waters through, over, under and across the property, and any interests in the property that may have escheated to the State. 2. Covenants, conditions, restrictions, reservations, agreements, obligations, exceptions and other provisions as contained in the following: DEED Grantor: TRUSTEES OF THE LILIUOKALANI TRUST Grantee: THE STATE OF HAWAII, by and through its Board of Land and Natural Resources Dated: May 05, 1992 Document No. 92-083200 3. Covenants, conditions, restrictions, reservations, agreements, obligations, exceptions and other provisions as contained in the following: DEED Grantor: THE STATE OF HAWAII,by and through its Board of Land and Natural Resources Grantee: HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and body corporate and politic of the State of Hawaii Dated: July 09, 2007 Document No. 2007-131829 4. Easement A-1, for slope and drainage purposes, containing an area 2.492 acres, more or less, as per survey made by Clayton M. Kaneshiro, Licensed Professional Land Surveyor, Certificate No. 12972. Dated October 02, 2009, and being more particularly described instrument recorded January 27, 2010, in the Bureau of Conveyances of the State of Hawaii as Document No. 2010- 011981. 5. Covenants, conditions,restrictions, reservations, agreements, obligations, exceptions and other provisions as contained in the following: QUITCLAIM DEED Grantor: HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and body corporate and politic ofthe State of Hawaii Grantee: F.H.T., EXCHANGE, INC., a Hawaii corporation Dated: June 26, 2009 Document No. 2009-100211 6. Covenants, conditions, restrictions, reservations, agreements, obligations, exceptions and other provisions as contained in the following: QUITCLAIM DEED Grantor: F.H.T. EXCHANGE, INC., a Hawaii corporation Grantee: FHT KAMAKANA, LLC, a Hawaii limited liability company Dated: June 30, 2009 Document No. 2009-106530 7. GRANT OF EASEMENTS AND RESERVATION OF RIGHTS In Favor Of: COUNTY OF HAWAII, a body politic and corporate ofthe State of Hawaii Dated: March 15, 2010 Document No. 2010-106260 Purpose:granting an easement for slope and incidental purposes over Easement A-1, being more particularly described therein 8. NOTICE OF IMPOSITION OF CONDITIONS BY THE LAND USE COMMISSION Petitioner: HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and a body corporate and politic ofthe State of Hawaii ("HHFDC"), and FOREST CITY HAWAII KONA, LLC, a Hawaii limited liability company Forest City") Dated: November 12, 2010 and November 11, 2010 Recorded: November 16, 2010 Document No. 2010-176103 9. LETTER AGREEMENT (UNRECORDED) By and Between: HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, an agency of the State of Hawaii, "HHFDC", FOREST CITY HAWAII KONA, LLC, a Hawaii limited liability company, "Forest City", QUEEN LILI`UOKALANI TRUST, a non-profit benefit organization, "QLT", and FHT KAMAKANA, LLC, a Hawaii limited liability company, "FHT" Dated: November 14, 2011 A short form of which was recorded in the Bureau of Conveyance of the State of Hawaii on December 12, 2011,as Document No. 2011-209528. 10. GRANT OF EASEMENT AND BILL OF SALE (PHASE 1A WATER SYSTEM) In Favor Of: WATER BOARD OF THE COUNTY OF HAWAII Dated: August 07, 2013 Document No. A-49730511 Purpose:granting a perpetual, non-exclusive easement for water pipelines, equipment, structures, and other related facilities and incidental purposes over Road Lots A, B, C and D, being more particularly described therein 11. AFFIDAVIT OF GARY S. TAKAMOTO (Lots 8 to 13 and Road Lots A to D of Subdivision No. 11-001105) Dated: August 19, 2013 Document No.: A-49800808 Re: Corrects metes and bounds descriptions of said Lots 8 to 13 and Road Lots A to D of Subdivision No. 11-001105 The foregoing Affidavit was amended by the following: AMENDMENT AND RESTATED AFFIDAVIT OF GARY S. TAKAMOTO Dated: March 25, 2015 Document No.: A-55670864 The foregoing Affidavit was amended by the following: SECOND AMENDMENT AND RESTATED AFFIDAVIT OF GARY S. TAKAMOTO Dated: May 29, 2015 Document No.: A-56331211 12. GRANT OF EASEMENT In Favor Of: HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii corporation Dated: June 27, 2013 Document No. A-50150334 Purpose:granting a perpetual right and easement to build, construct, reconstruct,rebuild, operate,maintain, access, repair and remove overhead and underground power lines and communications facilities and such other appliances and equipment as may be necessary for the transmission and distribution of electricity, including all service lines emanating from the main trunk line, to be used for light and power and/or communications and control circuits, including, without limiting the generality of the foregoing,the right to trim, keep trimmed, remove, and control any trees and vegetation in the way of its lines affecting Lots 8, 12 and Road Lots A,B,C, and D 13. AGREEMENT REGARDING MASTER LANDSCAPE WATER METER By and Between: DEPARTMENT OF WATER SUPPLY OF THE COUNTY OF HAWAII "Department" and FHT KAMAKANA, LLC, "Owner" Dated: December 13, 2013 Document No.: A-51090910 14. GRANT OF NONEXCLUSIVE ACCESS EASEMENT (Lot 11-A) In Favor Of: FHT Kamakana LLC, a Hawaii limited liability company Dated: July 15, 2016 Document No.: A-60510417 Purpose:granting a non-exclusive easement for vehicular and pedestrian access purposes over Road Lots A, B, C, and D in favor of Lot 11-A, Tax Map Key No. 3) 7-4- 021:049 15. GRANT OF NONEXCLUSIVE ACCESS EASEMENT(Lot 11-B) In Favor Of: FHT Kamakana LLC, a Hawaii limited liability company Dated: July 15, 2016 Document No.: A-60510412 Purpose:granting a non-exclusive easement for vehicular and pedestrian access purposes over Road Lots A, B, C, and D in favor of Lot 11-B, Tax Map Key No. (3) 7-4- 021:038 EXHIBIT"B" 1 7LT s I FOREST CITY KONA, LLC k wi w7.&WEB I ROAD AND IMPROVEMENTS DATAS3A,16f54 MI30 "' " KAMAKANA VILLAGES, KAILUA-KONA rAlpr. Imps-0'r-I T Ii . t4 -,..= ....N{ , I l I_ I 1 Jilh ZES a 41 u1. 1 1 117 t lIle Nor R8 ) TMK 7-4-21:44 1 012 I . ROAD LOTD TICK: (3)7-4-021:',039 I q I TMK 7d-21:44 N It... a f va h I' ,., 023.ROAD LOT B ca; TMK 7d-21:44 t p.. cei 5 1 c6le+>£:. ROADLOTC t+i-N IS kAEY.smai FN N LICI,M,FA4flIEN1 KARA - `:ti meq. -.m — 4,1(r KMEKA to i .Z-331'11m x j Ir air I4 €e LIs. 69 I667,a3-I A.4-021:_044' 17+ r _ t, F 1 SG srw 61(4.0.1,4fA i(REFI).1 r I S7.4294.96(WERK51REEI)LE 1I ITMK7d-21:44 ROAD LOTA TMK:(3),7-4-021:036 I 1I 1:1,,_ •) FNI1 I 1 IMK (3)7-4-021:037- i. , V. 6 i,.1-_--r------------'--- - x3 A-I 02 I IUY7.EFORAWEASWMIMEPURPOSESPANt°S043 1n.503 30-mms4 kknvy5aFmwn'raFluivan)TMK:.(3)7-4-021:026 I. Tr Lmisrl7m- TMK:(3).7-4-021:035 1 1I1' 4-169Lq'1 7 0*'L.44 P10'055 10505A ANDVN65r.PE' T«72. 6.R Erb. P1'05IMO7. t . W7 N FAVOR CO COk'm'9r N1WA91' 71.Z2395....... ............ . /1. 1 1.+98772'140FFB-04j 11. R 7-71,45.prwR orunc6 A.0.94 1.2512. Al.1511 m ..,I t ma^^ f (sT H ' C r t 7 t tfs : xr141D1t Kkia zy bt ,t Yr r . a 6 3Ir 7 JaA " t q 3.a,,,, > , F r r 7 AA1f_.. tr e4 < . x a v d T .._ :.--,---:„ -. 60. 04 r R . 1II ISREIII 0301(01511N°NN 6nIPsrB,73. AOfiRAPNIC.SCAIE...,,...., DEWT5411.7 rr ti4 677.:.-4i1273*AMU 510[17).- 577.:51494994ANE,I.NbGL01E WAYAVI 1 KAMAKANA VILLAGES PHASE IA-ROAD AND IMPROVEMENTS DEDICATION DATA TO BE DEDICATED ROAD NAME LENGTH ROW WIDTH DRYWELLS REMARKS Road Lot A Manawalea - 416 Ft 90 Ft 0 46 Ft wide pavement(2°AC),conc curb,gutter and sidewalk.Street Road Lot B Ka'eka Street 435 Ft 59 Ft 1 32 Ftwide pavement(2°AC),Conc curb,gutter and sidewalk. Road Lot C Ka'eka Street 512 Ft 59 Ft 1 32 Ftwide pavement(2'AC),Conc curb,gutterand sidewalk. Road Lot D Manawalea 543 Ft 68 Ft 1 32 Ftwide pavement(2°AC),Conc curb,gutter and sidewalk.Street All sewer and streetlightImprovements Manawalea and Includes listed utility systems In place complete Including all within above ROW. Ka'eka St. appurtenances,manholes and controls.