A city attorney wants more information regarding an offer by the state to give the city ownership of at least seven streets in Kakaako that a private company claims to own.
Paul Aoki, city first deputy corporation counsel, said in a letter dated Friday and addressed to state Deputy Attorney General John Price that it’s not entirely clear which streets are the subject of the offer because streets aren’t named in the written offer made by Price on behalf of the state.
Aoki said the city would like to have a land survey map and title report as well as metes and bounds descriptions for the streets. Aoki also wanted to know whether the state is willing to provide a warranty deed and agree to defend and indemnify the city against any claims adverse to the state’s title to the streets.
Kakaako Land Co., a firm led by brothers Calvert and Cedric Chun, claims to own portions of nine roads in Kakaako where it has posted reserved-parking signs, rented out stalls and towed unauthorized vehicles over the last five years or so. The streets are otherwise open to public use.
The nine roads are Ward Avenue and Clayton, Cooke, Cummins, Kamakee, Kawaiahao, Laniwai, Queen and Waimanu streets.
Kakaako Land said it bought these streets using a quitclaim deed, which offers no warranties against other potential ownership claims, from the last heir of Charles Desky, a developer who subdivided portions of Kakaako more than 100 years ago. The Attorney General’s Office claims the state owns the streets under a law enacted in July.
The new law is based on a written record of a 1903 joint territorial House and Senate resolution that directed the superintendent of public works to accept a deed from a willing Desky for seven roads: Hustace Avenue; Cooke, Cummins, Kawaiahao, Laniwai and Ward streets; and an extension of Queen Street south of South Street.
No evidence has been found to show Desky conveyed a deed to the territory. The new law, however, states that “the acceptance by the territorial legislature or the legislature of a dedication of land by a private owner is sufficient to convey title to the state.”
