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HomeMy WebLinkAboutRES 203 Draft 01 2018-2020It OF.4 COUNTY OF HAWAII STATE OF HAWAII 1TEOF•t1•ji 1 RESOLUTION NO. 203 19' A RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOT 3-D, IDENTIFIED AS TMK NO. (3) 7-3-004:025, SITUATED AT KALAOA 5TH, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM THOMAS P. WHITTEMORE, TRUSTEE UNDER THAT CERTAIN UNRECORDED REVOCABLE TRUST OF THOMAS P. WHITTEMORE, DATED JANUARY 4, 19941 AS AMENDED AND RESTATED, AND LUCINDA H. WHITTEMORE, TRUSTEE UNDER THAT CERTAIN UNRECORDED REVOCABLE TRUST OF LUCINDA H. WHITTEMORE, DATED JANUARY 4, 1994, AS AMENDED AND RESTATED. WHEREAS, Thomas P. Whittemore, Trustee under that certain unrecorded Revocable Trust of Thomas P. Whittemore, dated January 4, 1994, as amended and restated, and Lucinda H. Whittemore, Trustee under that certain unrecorded Revocable Trust of Lucinda H. Whittemore, dated January 4, 1994, as amended and restated, (hereinafter"Owners"), are the owners of Road Lot 3-D, identified as TMK No. (3) 7-3-004:025 (hereinafter "Roadway"), situated at Kalaoa 5"', District of North Kona, Island and County of Hawaii, State of Hawaii, as described in Exhibit A" and delineated on Exhibit"B", which are attached hereto and made a part hereof, and WHEREAS, Owners are desirous of dedicating the Roadway and all improvements thereon to the County of Hawaii for roadway purposes, and the Roadway and improvements thereon 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 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 Hawaii; 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 Hawaii County Code as certified and approved by all applicable departments, 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 Hawaii County Charter and Chapter 23 of the Hawaii County Code, the County of Hawaii accepts the dedication of the Roadway and improvements thereon 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 Danny Patel; and (4) Thomas P. Whittemore and Lucinda H. Whittemore, Trustees aforesaid, P.O. Box 1929, Kailua-Kona, Hawai`i 96745. Dated at Kona , Hawai`i, this 24th day of July 2019 . IN t 0.111CED BY: i•r NI 010 LMEMBER, Cr .i 'lp AWA I ek 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 County of Hawaii on July 24, 2 019 KANEALI`I-KLEINFELDER X KIERKIEWICZ X LEE LOY X ATTEST: POINDEXTER X RICHARDS X VILLEGAS X s`", 9 0 0 0 Reference: C-334/PWMTC-1 3 CO TY CLERK CHAIRPERSON&PRESID G OFFICER RESOLUTION NO. 203 19 2 18323.3 LOT 3-D ROAD LOT EXHIBIT A LOT 3-D (ROAD LOT) Land situated on the Easterly side of Mamalahoa Highway (Old Government Road) at Kalaoa 5th, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 3; and Grant 1609 to Kama. Beginning at a spike (set)at the Southwesterly corner of this parcel of land, being also an angle on the Westerly boundary of Lot 3-C of this subdivision and being a point on the Easterly side of Mamalahoa Highway(Old Government Road), the coordinates of said point of beginning referred to Government Survey Triangulation Station "MOANUTAHEA" being 8,090.86 feet South and 8,147.73 feet West and running by azimuths measured clockwise from True South: 1. 1760 52' 30"19.91 feet along the Easterly side of Mamalahoa Highway (Old Government Road) a nail (set); 2. 1720 23'24.44 feet along the Easterly side of Mamalahoa Highway (Old Government Road)to nail (set); Thence,for the next three(3)courses following along Lot 3-C of this subdivision and along the remainders of Lot 3 and Grant 1609 to Kama: 3. 3310 36' 6.02 feet to a 1/2 inch pipe (set); 4. 3530 24'31.20 feet to a nail (found); 18323.3 Page 1 of 2 WES THOMAS ASSOCIATES Land Surveyors— 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1897 18323.3_ LOT 3-D (ROAD LOT) 5. 150 12' 8.10 feet to the point of beginning and containing an area of 80 Square Feet. T. y WES THOMAS ASSOCIATES PROFESSI NAL G LAND C% SURVEYOR Chrystal Thomas Yama N0.4331 Licensed Professional Land Surveyor All,v P• State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street, Suite 201 Kailua-Kana, Hawaii 96740-1817 TMK: 7-3-004: 012 (3rd Division) December 12, 2018 18323.3 Page 2 of 2 WES THOMAS ASSOCIATES Land Surveyors— 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1897 t z} 01 j 4tI iZ i fii f 1 I I CL RZ, 3 tj t f" H f 11 , i 41 EXHIBIT B 6 Page I of 2 I I I x I r!6'tWI 1 X x I j ! Q I I Cy I x I x I I 1 f I t I I t o v N py • OK t ch 40, 62.05 fr_c+iV 5 2t.22 24.44 PROPosE PULLOUT 1 hC t 2 it ^ U b V 0 • A •C 1 •Q 0 zo A A EXHIBIT B Page 2 of 2