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Home My WebLink AboutRES 259 Draft 01 2018-2020COUNTY OF HAWAII I. 6• % •. STATE OF HAWAII TE•OF•M,'1 RESOLUTION NO. 259 19 A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT 14-C MANAWALEA STREET), IDENTIFIED AS TMK NO. (3) 7-4-021:048, 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 Hawai`i limited liability company(hereinafter Owner"), is the owner of Roadway Lot 14-C (Manawalea Street Extension), identified as TMK No: (3) 7-4-021:048 (hereinafter, the "Roadway"), situated at Keahuolu, District of North Kona, Island and County of Hawai`i, State of Hawai`i, as delineated on Exhibit"A" and described in Exhibit"B", which are attached hereto and made a 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 Hawai`i"), except for certain landscaping improvements as described in that certain Landscape Maintenance Agreement by and between SCD Kamakana, LLC, a Hawai`i limited liability company and the County of Hawai`i, for roadway purposes, 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 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 of the County of Hawai`i; 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 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, 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 Harry Kim, Mayor of the County of Hawai`i; (2) the Department of Public Works: (3) Deputy Corporation Counsel Danny Patel; and (4) Settle Meyer Law, LLLC, Attn: Bryan Chee, 900 Fort Street Mall, Honolulu, Hawai`i 96813. Dated at Kona Hawai`i, this 18th day of September 2019 . INTRODUCED BY•Aii„ 4044 1)//11101M0 CO 4 EMBE r • Y OF H WAI 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 Hawai`i on September 18, 2019 KIERKIEWICZ X LEE LOY X ATTEST: POINDEXTER X RICHARDS X VILLEGAS X 9 0 0 0 Reference:C-413/PWMTC-17 COUNTY CLERK CHAIRPERSON&PRESI G OFFICER RESOLUTION NO. 259 19 2 j af C: 4 a: W 18307.5 LOT 14-C (ROADWAY LOT) LOT 14-C (ROADWAY LOT) MANAWALEA STREET EXTENSION SUBDIVISION KAMAKANA VILLAGE AT KEAHUOLU Land situated Easterly end of Manawalea Street(Road Lot D) and on the Southerly end of Manawalea Street (Public Road) at Keahuolu, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 14 of Kamakana Villages at Keahuolu, Phase 1; Lot 17 of Kamakana Villages at Keahuolu, Phase 1; and Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole Certificate of Boundaries No. 45). Beginning at a spike (set) at the Southwesterly corner of this parcel of land being also the Northwesterly corner of Lot 14-B of this subdivision and a point on the Easterly end of Manawalea Street (Road Lot D), the coordinates of said point of beginning referred to Government Survey Triangulation Station"KEAHUOLU"being 4,145.55 feet North and 11,638.21 feet East and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 150° 11' 33" following along Road Lot D (Manawalea Street) of Kamakana Villages at Keahuolu, Phase 1 on a curve to the left with a radius of 1,600.00 feet, the chord azimuth and distance being: 1. 148° 58' 26.5" 68.05 feet to a "+" on walk (set); 18307.5 Page 1 of 3 WES THOMAS ASSOCIATES Land Surveyors- 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 Exhibit B 18307.5 LOT 14-C (ROADWAY LOT) Thence, for the next six(6) courses following along Lot 14-A of this subdivision and along the remainders of Lot 14 of Kamakana Villages at Keahuolu, Phase 1 and Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole (Certificate of Boundaries No. 45): 2. 241° 11'147.01 feet to a "E-" on walk (set); Thence,following on a curve to the left with a radius of 566.00 feet, the chord azimuth and distance being: 3. 225° 13'311.39 feet to a nail on walk (set); 4. 209° 15'154.02 feet to a nail on walk (set); Thence,following on a curve to the left with a radius of 1,996.00 feet,the chord azimuth and distance being: 5. 203° 46' 30"380.88 feet to a nail on walk (set); 6. 198° 18' 15.21 feet to a nail on walk (set); 7. 115° 11' 34.44 feet to a 1/2" pipe (set); Thence, from a tangent azimuth of 207° 48' 04" following along Lot C of The Villages of La'i'opua, Phase 1 (State of Hawaii)on a curve to the left with a radius of 2,060.00 feet, the chord azimuth and distance being: 8. 199° 01' 02"629.16 feet to a spike (set); 9. 190° 14' 48.33 feet along Lot C of The Villages of La'i'opua, Phase 1 (State of Hawaii) to a point; 10. 254° 11' 02" 89.04 feet along the Southerly side of Manawalea Street (Public Road) to a nail on walk (set); Thence, for the next four (4) courses following along Lot 17-A-1 of this subdivision and along the remainder of Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole (Certificate of Boundaries No. 45): 11. 10° 14' 86.94 feet to a 1/2" pipe (set); Thence,following partially along the remainder of Lot 17 of Kamakana Villages at Keahuolu, Phase 1 on a curve to the right with a radius of 2,140.00 feet, the chord azimuth and distance being: 12. 14° 16'301.04 feet to a nail on walk (set); 13. 18° 18' 80.00 feet along the remainder of Lot 17 of Kamakana Villages at Keahuolu, Phase 1 to a 1/2" pipe (set); 18307.5 Page 2 of 3 WES THOMAS ASSOCIATES Land Surveyors— 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 Exhibit B 18307.5 LOT 14-C (ROADWAY LOT) 14. 19° 42'245.41 feet along the remainder of Lot 17 of Kamakana Villages at Keahuolu, Phase 1 to a nail on walk (set); 15. 18° 18' 34.53 feet along Lot 17-A-1 and Lot 14-B of this subdivision and along the remainders of Lots 17 and 14 of Kamakana Villages at Keahuolu, Phase 1 and Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole (Certificate of Boundaries No. 45) to a "1-" on walk (set); Thence,for the next four(4)courses following along Lot 14-B of this subdivision and along the remainders of Lot 14 of Kamakana Villages at Keahuolu, Phase 1 and Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole (Certificate of Boundaries No. 45): Thence, following on a curve to the right with a radius of 2,064.00 feet, the chord azimuth and distance being: 16. 23° 46' 30"393.86 feet to a nail on walk (set); 17. 29° 15'154.02 feet to a nail on walk (set); Thence,following on a curve to the right with a radius of 634.00 feet,the chord azimuth and distance being: 18. 45° 13'348.80 feet to a "E-" on walk (set); 19. 61° 11'144.39 feet to the point of beginning and containing an area of 2.973 Acres. RL T. ' WES THOMAS ASSOCIATES LICENSED 1 xj-eVar V PROFESSIONAL -f LAND SURVEYOR * Chrystal Thomas Yamasaki No.4331 Licensed Professional Land SurveyoryW4tt,0 5" State of Hawaii Certificate No. LS-4331 75-5749 Kalawa Street, Suite 201 Kailua-Kona, Hawaii 96740-1817 TMK: 7-4-021: 048 (3rd Division) April 9, 2019 18307.5 Page 3 of 3 WES THOMAS ASSOCIATES Land Surveyors- 75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817 Exhibit B EXHIBIT"B" SUBJECT, HOWEVER, TO: 1.Reservations in favor of the 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 Dated: July 09, 2007 Document No. 2007-131829 4.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 of the State of Hawaii Grantee: F.H.T., EXCHANGE, INC., a Hawaii corporation Dated: June 26, 2009 Document No. 2009-100211 5.Covenants, conditions, restrictions, reservations, agreements, obligations, exceptions and other provisions as contained in the following: Exhibit"B" Exhibit"B" 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 6. 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 of the State of Hawaii, and FOREST CITY HAWAII KONA, LLC, a Hawaii limited liability company Dated: November 12, 2010 and November 11, 2010 Recorded: November 16, 2010 Document No. 2010-176103 7.LETTER AGREEMENT (UNRECORDED) By and Between: HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION, an agency of the State of Hawaii, FOREST CITY HAWAII KONA, LLC, a Hawaii limited liability company, QUEEN LILI`UOKALANI TRUST, a non-profit benefit organization, and FHT KAMAKANA, LLC, a Hawaii limited liability company 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. 8.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 Exhibit"B" Exhibit"B" 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 9.AFFIDAVIT OF GARY S. TAKAMOTO (Lots 14-A, 14-B, 14-C (Roadway Lot) and Lot 17-A-1, Subdivision No. 15-001472) Dated: April 20, 2015 Document No.: A-55900987 Re:Consolidation of Lots 14 and 17, into Lots 14-A, 14-B, 14-C (Roadway Lot) and Lot 17-A-1, designation of Easements T-1 to T-6, inclusive, and cancellation of Easement 6 of Subdivision No. 15-001472 10. AFFIDAVIT OF CHRYSTAL THOMAS YAMASAKI Dated: April 09, 2019 Recorded: April 24, 2019 Document No.: A-70530774 Re:Surveyor's Affidavit for the Consolidation of Lots 14 & 17; cancellation of Easement 6; and Subdivision into Lots 14-A, 14-B, 14-C (Roadway Lot) & Lot 17-A-1 and designation of Easements T-1 to T-6, inclusive, letter granting Subdivision Approval, and new map. Exhibit"B"