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HomeMy WebLinkAboutRES 448 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 448 ~6 RESOLUTION AUTHORIZING THE ACCEPTANCE OF ROADWAY LOTS A, B, C AND D, WITHIN KIKALA-KEOKEA RESIDENTIAL SUBDNISION, KALAPANA SECTION, AND ROADWAY LOTS A AND B, WITHIN KIKALA-KE~KEA RESIDENTIAL SUBDNISION, KAPOHO SECTION, BEING PORTIONS OF TAX MAP KEY: (3)1-2-043, SITUATE IN PUNA, ISLAND, COUNTY AND STATE OF HAWAII, FROM THE STATE OF HAWAII. WHEREAS, the State of Hawaii is the owner of Roadway Lot A, containing an azea of 3.771 acres; Roadway Lot B, containing an area of 0.388 acre; Roadway Lot C, containing an area of 0.390 acre; and Roadway Lot D, containing an area of 0.386 acre, within the Ki-kala-Keokea Residential Subdivision, Kalapana Section, identified as being portions of Tax Map Key: (3)1-2-043, situate at Puna, Island, County and State of Hawaii; and WHEREAS, the State of Hawaii is the owner of Roadway Lot A, containing an azea of 2.532 acres; Roadway Lot B, containing an area of 0.664 acre, within Ki-kala-Keokea Residential Subdivision, Kapoho Section, identified as being portions of Tax Map Key: (3)1-2-043, situate in Puna, Island, County and State of Hawaii; and WHEREAS, Act 314, Session Laws of Hawaii 1991, as amended by Act 172, Session Laws of Hawaii 1993, and further amended by Act 81, Session Laws of Hawaii 1994, authorized the Department of Land and Natural Resources to develop a residential subdivision for those who were dispossessed or displaced as a result of the volcanic eruption on the Island of Hawaii which began on January 3, 1983, and for those meeting the qualifications under Section 13D-3(b), Hawai`i Revised Statutes; and WHEREAS, the County of Hawaii, Department of Public Works, approved/accepted the improvements on August 31, 2006; and WHEREAS, the State of Hawaii has agreed to transfer the subject roadways to the County of Hawaii by Land Patent Grant No. S-16,010 (see attached); and WHEREAS, Article XIII, Section 13-12, of the Hawaii County Charter, provides that the Council may accept land on behalf of the County of Hawaii. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12, of the Hawaii County Charter, that the County of Hawaii accepts Roadway Lot A, containing an azea of 3.771 acres; Roadway Lot B, containing an area of 0.388 acre; Roadway Lot C, containing an azea of 0.390 acre; Roadway Lot D, containing an azea of 0.386 acre, within the Kilcala-Keiikea Residential Subdivision, Kalapana Section, and Roadway Lot A, containing an azea of 2.532 acres; and Roadway Lot B, containing an area of 0.664 acre, within Kikala-Keokea Residential Subdivision, Kapoho Section, identified as being portions of Tax Map Key: (3)1-2-043, situate in Puna, Island, County and State of Hawaii, from the State of Hawaii. BE IT FURTHER RESOLVED that a copy of this resolution be forwazded to: (1) Mayor Harry Kim; (2) Bruce C. McClure, Director of Public Works; (3) Assistant Corporation Counsel Gerald Takase; and (4) Harry Yada, Department of Land and Natural Resources, 75 Aupuni Street, Hilo, Hawaii 96720. Dated at Hilo , Hawaii, this 16th day of octobPr , 2006. INTRODUCED BY: ~ COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS EX Hilo, Hawaii ARAKAKI X I hereby certify that the foregoing RESOLUTION was RIGA X by the vote indicated to the right hereof adopted by the HOFFMANN X COUNCIL of the County oFHawai`i HOLSCHUH X on October 16, 2006. IKEDA X ISBELL ATTEST: JACOBSON X PILAGO X SAFARIK X 8 0 1 0 C ~ Reference C-1055/PWIRC -52 ~ 448 {16 COUNTY CLERK CHAIRMAN & PRESIDING FICER RESOLUTION NO. • r, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) LAND COURT SYSTEM ) REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Total Number of Pages: Tax Map Key No. (3)1-2-043 PATENTOR: STATE OF HAWAII PATENTEE: COUNTY OF HAWAII 25 Aupuni Street, Room 215 Hilo, Hawaii 96720 LAND PATENT GRANT NO. 5-16,010 BY THIS PATENT the State of Hawaii, in conformity with the laws of the State of Hawaii relating to public lands, pursuant to the approval by the Board of Land and Natural Resources on June 23, 2006, and acting pursuant to Section 171-95(a)(1), Hawaii Revised Statutes, makes known to all men that it does this day grant and confirm unto COUNTY OF HAWAII, whose address is 25 Aupuni Street, Room 215, Hilo, Hawaii 96720, hereinafter referred to as the "Patentee," for good and valuable consideration, the receipt whereof is hereby acknowledged, all of the land situate at Kikala and Keokea, Puna, Island of Hawaii, Hawaii, being designated "Roadway Lots A, B, C and D," consisting of 198379 1.DOC - ii~,.. DEPARTMENT OFLAND AND NATURAL RESOURCES ~ ~ LAND DIVISION eo. eox ezi , r Roadway Lot A containing an area of 3.771 acres, reserving, however, to the State of Hawaii, its successors and assigns, Perpetual Non-Exclusive Easements A and C for Waterline and Related Appurtenance Purposes, Roadway Lot B containing an area of 0.388 acre, reserving, however, to the State of Hawaii, its successors and assigns, Perpetual Non-Exclusive Easement B for Waterline and Related Appurtenance Purposes, Roadway Lot C containing an area of 0.390 acre, and Roadway Lot D containing an area of 0.386 acre, all more particularly described in Exhibit "A" and delineated on Exhibit "B," both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.F. No. 24,291 and dated July 3, 2006. Being also designated as "Roadway Lots A and B," consisting of: Roadway Lot A containing an area of 2.532 acres, reserving, however, to the State of Hawaii, its successors and assigns, a Perpetual Non-Exclusive Easement D for Waterline and Related Appurtenance Purposes, and Roadway Lot B containing an area of 0.664 acre, all more particularly described in Exhibit "C" and delineated on Exhibit "D," both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.F. No. 24,292 and dated July 3, 2006. RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: (1) All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of these minerals by any means whatsoever, including strip mining. "Minerals," as used herein, 198379_1.DOC e -2- DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION - HO. BO%621 HONOLULU, HAWAII 96809 - shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock, or other material suitable for use and used in general construction in furtherance of the Patentee's permitted activities on the land and not for sale to others. (2) All surface and ground waters appurtenant to the land and the right on its own behalf or through persons authorized by it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Patentee for any of Patentee's improvements taken. AND THE PATENTEE, for itself, its successors and assigns, covenants with the State of Hawaii, and its successors as follows: A) The use and enjoyment of the land herein granted shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. B) The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned by the Patentee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. C) Should the roadway herein granted be vacated, closed, abandoned, or discontinued, disposal of same shall be in accordance with the provisions of section 264-3, Hawaii Revised Statutes. SUBJECT TO rights of native tenants and regulatory rights and ownership rights (if any) of the State of Hawaii established pursuant to state law including Chapter 6E, Hawaii Revised Statutes, over prehistoric or historic remains found in, on, or under the land. 198379 1.DOC -3- DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION ~ - PO. BO%821 HONOI III II HGWiII Mfll1A 1 P TO HAVE AND TO HOLD said granted land unto the said Patentee, its successors and assigns forever, subject, however, to the reservations, conditions and covenants herein set forth. IN WITNESS WHEREOF, the State of Hawaii, by its Board of Land and Natural Resources, has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and this Patent to be duly executed this day of 20 STATE OF HAWAII Approved by the Board of Land and Natural Resources at its meeting held on By June 23, 2006. Chairperson Board of Land and Natural Resources PATENTOR APPROVED AS TO FORM: COUNTY OF HAWAII D ut (A~ttorne1y,General ~ ~ ~f~,/ Dated: V~1,~ 'd• a~ ~-1~~'~Ol-(NO By HARRY KIM Its Mayor PATENTEE APPROVED AS TO FORM AND LEGALITY: l~ ep~C~tion Counsel Dated: ~~2 N.im ..,'^.'''i 'nrnnm~.n~,t r}t,. e~„~~~.,.,_ n.ml 198379_1 .DOC ' -4- DEPARTMENT OFLAND AND NATURAL RESOURCES LAND DIVISION v0. BO%82t HONOIUIU. M~lWM198PA9 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this 3 day of ~u~.r~ , 2006, before me personally appeared DIXIE ItAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawaii. y.~.,.A., JEA VIERNES Notary Public, State of Hawaii My commission expires: 11/1/2009 vii N P v~ oTa~, C~ r 1 u, ,o. I ~ ~ Pr y~ ° i'.• a. ' ~l +s STATE OF HAWAII SURVEY DIVISION DEPT. OF ACCOUNTING AND GENERAL SERVICES cs.~. eo- 24,291 eoKOwtu July 3, 2006 ROADWAY LOTS A, B, C AND D Within Kikala-Keokea Residential Subdivision, Kalapana Section Kikala and Keokea, Puna, Island of Hawaii, Hawaii Being portions of the Government Lands of Kikala and Keokea. ROADWAY LOT A Beginning at the southwest comer of this parcel of land, at the southeast corner of Lot 1 ofKikala-Keokea Residential Subdivision, Kalapana Section and on the northwest side of Kalapana-Kapoho Beach Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAKITMA" being 9700.33 feet North and 10,053.03 feet East, thence running by azimuths measured clockwise from True South:- 1, Along Lot 1 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 185° OS' 42.61 feet; 2. 139° 50' 560.72 feet along Lots 1, 2 and 3 ofKikala-Keokea Residential Subdivision, Kalapana Section; ° EXHIBIT "A" -1- c.s.F. No. 24,291 July 3, 2006 3. Thence along Lot 3 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 124° OS' 43" 16.27 feet; 4. Thence along Lot 4 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 184° 50' 97.23 feet; 5. Thence along Lot 5 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 245° 34' 17" 16.27 feet; 6. 229° 50' 1818.00 feet along Lots 5 to 13, inclusive of Kikala- Keokea Residential Subdivision, Kalapana Section; 7. Thence along Lot 13 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 214° 05' 43" 16.27 feet; 8. Thence along Lots 14 and 15 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 274° 50' 97.23 feet; 9. Thence along Lot 15 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 335° 34' 17" 16.27 feet; -2- ~ 24 291 July 3, 2006 C.S.F. No. ' 10. 319° 50' 561.16 feet along Lots 15, 16 and 17 of Kikala-Keokea Residential Subdivision, Kalapana Section; 11. Thence along Lot 17 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 274° 40' 42.55 feet; 12. 49° 30' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road; 13. Thence along Lot 18 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 184° 40' 42.30 feet; 14. 139° 50' 561.80 feet along Lots 18, 19 and 20 ofKikala-Keokea Residential Subdivision, Kalapana Section; 15. Thence along Lot 20 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 94° 50' 42.43 feet; 16. 49° 50' 1818.00 feet along Lots 20 to 28, inclusive of Kikala- Keokea Residential Subdivision, Kalapana Section; 17. Thence along Lot 28 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 4° 50' 42.43 feet; c , . -3- 24 291 July 3, 2006 C.S.F. No. ' 18. 319° 50' 561.68 feet along the Lots 28, 29 and 30 of Kikala- Keokea Residential Subdivision, Kalapana Section; 19. Thence along Lot 30 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 275° OS' 42.24 feet; 20. 50° 20' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 3.771 ACRES. Reserving, however, to the State of Hawaii, its successors and assigns, Perpetual Non-Exclusive Easements A and C for Waterline and Related Appurtenance Purposes as shown on plan attached hereto and made a part hereof and more particularly described as follows: EASEMENT A Beginning at the southwest corner of this easement, being the initial point of beginning of the above-described Roadway Lot A, thence running by azimuths measured clockwise from True South:- 1. Along Lot 1 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 185° OS' 42.61 feet; 2. 139° 50' 186.29 feet along Lots 1 and 2 ofKikala-Keokea Residential Subdivision, Kalapana Section; -4- 24 291 July 3, 2006 C.S.F. No. ' 3. 230° 20' 50.00 feet; 4. 319° 50' 186.81 feet along Lots 29 and 30 ofKikala-Keokea Residential Subdivision, Kalapana Section; 5 Thence along Lot 30 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 275° OS' 42.24 feet; 6. 50° 20' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 11,213 SQUARE FEET. EASEMENT C Beginning at the southwest corner of this easement, being the end of Course 12 of the above-described Roadway Lot A, thence running by azimuths measured clockwise from True South:- 1. Along Lot 18 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 184° 40' 42.30 feet; 2. 139° 50' 20.17 feet along Lot 18 ofKikala-Keokea Residential Subdivision, Kalapana Section; 3. 229° 30' 50.00 feet; 4. 319° 50' 19.83 feet along Lot 17 of Kikala-Keokea Residential Subdivision, Kalapana Section; - -5- C.S.F. No. 24,291 July 3, 2006 5. Thence along Lot 17 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 274° 40' 42.55 feet; 6. 49° 30' 110.00 feet along the northwest side ofKalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 2886 SQUARE FEET. ROADWAY LOT B Beginning at the south corner of this parcel of land, at the southeast comer of Lot 31 ofKikala-Keokea Residential Subdivision, Kalapana Section and on the northwest side of Kalapana-Kapoho Beach Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAKUMA"being 10,005.95 feet North and 10,421.59 feet East, thence running by azimuths measured clockwise from True South:- 1. Along Lot 31 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 185° OS' 42.61 feet; 2. 139° 50' 121.80 feet along Lot 31 of Kikala-Keokea Residential Subdivision, Kalapana Section; 3. Thence along Lot 31 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 119° 07' 43" 35.36 feet; -6- 24 291 July 3, 2006 C.S.F. No. ' 4. Thence along Lots 31 to 34, inclusive ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 229° 50' 75.00 feet; 5. Thence along Lot 34 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 340° 32' 17" 35.36 feet; 6. 319° 50' 122.76 feet along Lot 34 of Kikala-Keokea Residential Subdivision, Kalapana Section; 7. Thence along Lot 34 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 275° OS' 42.24 feet; 8. 50° 20' 110.00 feet along the northwest side ofKalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 0.388 ACRE. Reserving, however, to the State of Hawaii, its successor and assigns, Perpetual Non-Exclusive Easement B for Waterline and Related Appurtenance Purposes as shown on plan attached hereto and made a part hereof and more particularly described as follows: EASEMENT B Beginning at the southwest corner of this easement, being the initial point of beginning of the above-described Roadway Lot B, thence running by azimuths measured clockwise from True South:- ` gin, " 7 c.s.F. No. 24,291 July 3, 2006 1. Along Lot 31 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 185° OS' 42.61 feet; 2. 230° 20' 50.00 feet; 3. 319° 50' 0.52 of a foot along Lot 34 of Kikala-Keokea Residential Subdivision, Kalapana Section; 4. Thence along Lot 34 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 275° OS' 42.24 feet; 5. 50° 20' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 1899 SQUARE FEET. ROADWAY LOT C Beginning at the south corner of this parcel of land, at the southeast comer of Lot 35 ofKikala-Keokea Residential Subdivision, Kalapana Section and on the northwest side of Kalapana-Kapoho Beach Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAKUMA" being 10,316.86 feet North and 10,793.84 feet East, thence running by azimuths measured clockwise from True South:- ' P_i;,1 ~.:rmnnt of ~h~. ~,.o,_ . -n ..:I _ g _ 24 291 July 3, 2006 C.S.F. No. ' 1. Along Lot 35 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 184° 40' 42.30 feet; 2. 139° 50' 124.32 feet along Lot 35 ofKikala-Keokea Residential Subdivision, Kalapana Section; 3. Thence along Lot 35 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 119° 07' 43" 35.36 feet; 4. Thence along Lots 35 to 38, inclusive ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 229° 50' 75.00 feet; 5. Thence along Lot 38 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 340° 32' 17" 35.36 feet; 6. 319° 50' 123.68 feet along Lot 38 ofKikala-Keokea Residential Subdivision, Kalapana Section; 7. Thence along Lot 38 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 274° 40' 42.55 feet; 8. 49° 30' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 0.390 ACRE. -9- C.S.F. No. 24,291 July 3, 2006 ROADWAY LOT D Beginning at the south corner of this pazcel of land, at the southeast comer of Lot 39 ofKikala-Keokea Residential Subdivision, Kalapana Section and on the northwest side of Kalapana-Kapoho Beach Road, the coordinates of said point of beginning refereed to Government Survey Triangulation Station "HAKUMA" being 10,632.00 feet North and 11,162.82 feet East, thence running by azimuths measured clockwise from True South:- 1. Along Lot 39 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 184° 40' 42.30 feet; 2. 139° 50' 121.49 feet along Lot 39 of Kikala-Keokea Residential Subdivision, Kalapana Section; 3. Thence along Lot 39 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 119° 07' 43" 35.36 feet; 4. Thence along Lots 39 to 42, inclusive ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 229° 50' 75.00 feet; 5. Thence along Lot 42 ofKikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of _ 50.00 feet, the chord azimuth and distance being: 340° 32' 17" 35.36 feet; . ~,i ~ -10- 24 291 July 3, 2006 C.S.P. No. ' 6. 319° 50' 120.85 feet along Lot 42 of Kikala-Keokea Residential Subdivision, Kalapana Section; 7. Thence along Lot 42 of Kikala-Keokea Residential Subdivision, Kalapana Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 274° 40' 42.55 feet; 8. 49' 30' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 0.386 ACRE. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII Glenn J. Kodani Land Surveyor rm Compiled from Hawaii File Folder 21, CSFs 23200 and 23201 and other Govt. Survey Records. -11- s~ ~~'ka, a o ~ \ 14 ~~$t 15 i6 4255 ~ ,7 Eb~\ Jeff R~J0.00 274'50' (t9.Sl Perpfu9l Non-EMWw 9727 ~ 31750' ~ 581.18 RNAppt+t~~PU~e R-50.00 ~~261'1a'J4" 229'70' 50.00 (1886 8q. FL) (CSF. 2J,MI) t` 179'50' - 581.80 4770' 110.00 214'05'43' ,I 94'50' (20.1]) 18.27 ,'O.. 42.43 184'40' Ra30.00 n R>•30.00 /9 42.30 1J g 20 R~30.00 - fe c g r8 f2 p/~1~1111Y~N T 41 'n OT~n 42 ROADWiIY I ~ ~ N y~ 0.388 iiJ/7S0'~ 120.H5 w0 < ~ 22750' 139'50'- 49'30' 110.00 II 21 75.00 121.49 g 10,832.00 N ~ $ c 8=50.00 n g N ISUNwH A v~ aJ ~ ~ n ~ J8 p A C ~ ^ b N~~ OYM 9 0 0 C 0 70 2J ]7 ~ ~ i ~ N.~j p Y p~9i h ~A ~ ROADM:AY C ~ D ^ 0.390 .;J19•so'--r ^ 0 123.88 9 I ~ ~ d d 0 24 .°x '139'50' 49'30' 110.00 $ +229'50' ` 124.32 f0,JI6.8a N Y 75.00 ~ Re30.00 n~ n g ti g I'H4(UNA4 e 1? ~ Je ~ ~7 ~ a ~ p~d5 e z 30 B ~ Y zs o = ~ ~ d y N O ~ ~o ~~oo aS ~ ~ 28 I ~ .r i°Z "~z J4 I Y 7 ~ ° ROADWAY OT B 11319'90'-- Ewem~^°i a ro"°. wain ene D.388 ~ 112.8 Rebfad Appurlananro Purpwee ~ X230'20' 0 2 (1899 54 Et~) (C.SF. 27.200) ~ 50.00 t 129'50' +17750'- 5020' 110.00 ~ 75.00 ` 121.80 R=50.00 IO,oos.95 N Jp( a ~ $ n 10,411.59 E 6 ~ 27 o J2 N no rgio JI a~ 7UKUNA" p Y ~ >r r~~ '9~0 5 m 2B 30 29 4'50' 275.05• - 41.47 42.24 aa., ih~ ' 2~.J4'17e R=30.00 R:30.00 PerpeN91 Non-E°cNSive 16.27 319'50' 561.68 Easement w ler WaNMne oiM '~'i Re30 ~ Related APPurfen°ncs Pvry°eaa , ' `~~15'1Y26' 170'20' 50.00 18529 w (11,217 50. R.) (CSF. 17.200) iH4'50' 97.27 179'50' 560.72 5020' 110.00 R~50.00 124'05'43" 185'057 4 16.27 42.61 9]00.77 N R=30.00 2 R~J0.00 10,037.07 E J i TVXUNI" p S Page 1 of 2 a ~stHi~IT uBB~ _ _ . _ rr~~ ' $ 20 R=30.00 18 0 X ~b0 r~ 12 21 ~ ,."j"1~ 42 g~j' ROADWAY D ~R"~ H~ 0.388 RE .iJ19'SO=- r~. 12o.e5 229'50' 139'50'- 49'10' 110.00 11 $ 22 75.00 12L49 10,831.00 N g R=50.00 0 11,162.82 E b 4l 0 C N .`f b0 cjp 71AKUAN•A w ~ ~c o 40 ~ ono J9 • A N m ^nK °sy 9 al b 'psp K 10 f0 23 37 §2ip N~~ RawwAY r c 'i ^ 0.390 A " ijJi9'30+ 0 ^ a ~ 12].88 ,"~"y1 9 I 17 I d f 1 24 ~ 139'S0'~ 48'30' 110.00 < ~ +229'50' 124.32 m.naee N Q Y R+30.00 r g f 0.191.84 E } 1 J6 ~ o'~•~ J3 Og "WWUW' A P ~ a,~ 1~ ~,Qi ~d g vi p L 25 0 m ~ Np Y ~ 'n~1 00 u o I JJ ^ ~'~ry'Qyr H 2 •7 ~ ~ 26 p a I " ROADWiIY B ijJ19S0'± Ewern~! a ro""O4 as ~ 0.388 RE t e Rebtee Mw~1•^an4. e9m..., , ~2J0'20 (1899 54' (QSF. 2J,20p) ~5 W 229'50' 179'50'- 50'20' 710.00 ept 75.00 121.80 l~ R=50.00 6 ~J811` 27 3 J2 'v"~ ~ng J7 sg rNNN,I(49 A Y_ ~ O, ~ Y ~~'I Y C ~X yC b 5 ~ 28 ~ 30 n 4'50' 27905' {'17• 42.4] q{98.27 ~ R=]0.00 R=~30.00 RagfuM Non-Fi4uNw R=p,00 719'50 1.69 ~y~ p~,~ "Y~1421'2e• zJOZO' So.oo 6.T9 Cfr2w 94. rL7 (csr. zJ.m9) 184'50' 1]9'50' 560.72 50'20' 110.00 97.2] R=50.00 124'05'43' 18905') 4 1827 42.81 97IXAJJ N R>570.00 2 R=30.00 70,051.03 E J l 'NPKUW' A REDUCED NOT TO SCALD ~ ROADWAY LOTS A, B, C AND D ' ` ~ ° ~ ' , Within Kikala-Keokeo Residential Subdivision, Kalapana Section Kikala and Keokeo, Puna, Island of Hawaii, Hawaii Jeb N-7os(afi) Scale: 1 inch = 200 feet a me ur Mw 1-z-43 SURVEY DIVISION DE?ARTMENT GF ACCOUPfTING AND GENER4L SERVICES C.Si. N0. 24,291 ~ T O H ROM Juy J, 2008 Page 2 of 2 y°' • ~ C.. O, •f STATE OF HAWAII SURVtY DIVI610N DEPT. OF ACCOUNTING AND GENERAL 3ERVICE3 e.~.r. Ne 24,292 HoNOww July 3, 2006 ROADWAY LOTS A AND B Within Kikala-Keokea Residential Subdivision, Kapoho Section Kikala and Keokea, Puna, Island of Hawaii, Hawaii Being portions of the Government Lands of Kikala and Keokea. ROADWAY LOT A Beginning at the southwest corner of this pazcel of land, at the southeast comer of Lot 1 ofKikala-Keokea Residential Subdivision, Kapoho Section and on the northwest side of Kalapana-Kapoho Beach Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAKLTMA" being 11,838.95 feet North and 12,519.18 feet East, thence running by azimuths measured clockwise from True South:- 1. Along Lot 1 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 182° 00' 42.43 feet; 2. 137° 00' 581.19 feet along Lots 1, 2, and 3 of Kikala-Keokea Residential Subdivision, Kapoho Section; , _ 1 _ ~~Cli181T C.S.F. No. 24,292 July 3, 2006 3. Thence along Lot 3 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 123° 09' S2" 1435 feet; 4. Thence along Lots 4 and 5 of Kikala-Keokea Residential Subdivision, Kapoho Section on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 180° 30' 94.65 feet; 5. Thence along Lot 5 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 237° 50' 08" 14.35 feet; 6. 224° 00' 733.29 feet along Lots 5 to 8, inclusive of Kikala- KeokeaResidential Subdivision, Kapoho Section; 7. Thence along Lot 8 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 210° 09' S2" 14.35 feet; 8. Thence along Lots 8, 9 and 10 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the right with a radius of 50.00 feet, the chord azimuth and distance being: 267° 30' 94.65 feet; 9. Thence along Lot 10 of Kikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 324° 50' O8" 1435 feet; . ..ecf , (th., -2- I C.S.F. No. 24,292 July 3, 2006 10. 311 ° 00' 573.37 feet along Lots 10, Roadway Lot B, 11 and 17 ofKikala-Keokea Residential Subdivision, Kapoho Section; 11. Thence along Lot 17 of Kikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 266° 00' 42.43 feet; 12. 41 ° 00' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road; 13. Thence along Lot 18 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 176° 00' 42.43 feet; 14. 131 ° 00' 573.37 feet along Lots 18, 19 and 20 ofKikala-Keokea Residential Subdivision, Kapoho Section; 15. Thence along Lot 20 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 87° 30' 41.30 feet; 16. 44° 00' 733.29 feet along Lots 20 to 23, inclusive of Kikala- Keokea Residential Subdivision, Kapoho Section; 17. Thence along Lot 23 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 0° 30' 41.30 feet; 18. 317° 00' 581.19 feet along Lots 23, 24 and 25 ofKikala-Keokea Residential Subdivision, Kapoho Section; -3- ~ . C.S.F. No. 24,292 July 3, 2006 19. Thence along Lot 25 of Kikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 272° 00' 42,43 feet; 20. 47° 00' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 2.532 ACRES. Reserving, however, to the State of Hawaii, its successors and assigns, a Perpetual Non-Exclusive Easement D for Waterline and Related Appurtenance Purposes as shown on plan attached hereto and made a part hereof and more particularly described as follows: EASEMENT D Beginning at the south comer of this easement, being the initial point of beginning of the above-described Roadway Lot A, thence running by azimuths measured clockwise from True South:- 1. Along Lot 1 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 182° 00' 42.43 feet; 2. 137° 00' 190.42 feet along Lots 1 and 2 of Kikala-Keokea Residential Subdivision, Kapoho Section; 3. 227° 00' 50.00 feet; 4. 317° 00' 190.42 feet along Lots 24 and 25 ofKikala-Keokea Residential Subdivision, Kapoho Section; -4- c.s.v. No. 24,292 July 3, 2006 5. Thence along Lot 25 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 272° 00' 42.43 feet; 6. 47° 00' 110.00 feet along the northwest side of Kalapana- Kapoho Beach Road to the point of beginning and containing an AREA OF 11,407 SQUARE FEET. ROADWAY LOT B Beginning at the northeast corner of this parcel of land and at the west corner of Lot 13 ofKikala-Keokea Residential Subdivision, Kapoho Section, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HAKUMA" being 13,229.83 feet North and 13,233.45 feet East, thence running by azimuths measured clockwise from True South:- 1. 31 I ° 00' 50.00 feet along Lot 13 of Kikala-Keokea Residential Subdivision, Kapoho Section; 2. Thence along Lot 13 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 356° 00' 42.43 feet; 3. 41 ° 00' 50.00 feet along the Lots 13 and 12 of Kikala-Keokea Residential Subdivision, Kapoho Section; 4. Thence along Lot 12 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 86° 00' 42.43 feet; -5- C.S.F. No. 24,292 July 3, 2006 5. 41 ° 00' 392.75 feet along Lots 12 and 11 ofKikala-Keokea Residential Subdivision, Kapoho Section; 6. Thence along Lot 11 of Kikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 356° 00' 42.43 feet; 7. 131 ° 00' 110.00 feet along Roadway Lot A ofKikala-Keokea Residential Subdivision, Kapoho Section; 8. Thence along Lot 10 ofKikala-Keokea Residential Subdivision, Kapoho Section on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being: 266° 00' 42.43 feet; . .i iho ervi -6- C.S.F. No. 24.292 July 3, 2006 9. 221 ° 00' 502.75 feet along Lot 10 ofKikala-Keokea Residential Subdivision, Kapoho Section and the ' remainder of the Government Lands of Kikala and Keokea to the point of beginning and containing an AREA OF 0.664 ACRE. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII Glenn J. Kodani Land Surveyor rm Compiled from Hawaii File Folder 21 and other Govt. Survey Records. ; ' ' ;,,o~,~,>t~no - ~.:v~.~ ....o -7- 1 S~F a ,,p 14 ~p0n S^0.0.8 Y 1J 5 311'00' 50.00 ~p~ti'+p~ ~ f 5 ?4 0 c 1.1.229.&1 N t3~~ ~ 41'00' 50.00 u„ 8600' a 42.4, 18 °c $ R=30.00 ROADWAY LOT B 0.664 ASE ~ ~ 1 (yy ~ o D N tl UI $ 17 .AE v 11 0 288'00 9 10 " - ~ 356'00' B 42.43 324'S0'OH' 268'00 0 42.43 R~J0.00 9 14.,3 4~ ~ $ R=30.00 0 573.37 41'00, R R=~'~ 311'00' 3 ~ ~ If0.00 28TJ0' ' 154. 94.85 ~~~2,~g•4p•16' Ra60.00 ~ ~ 673.37 C ~j 1J1'00~ ~ 176'00' x 2f0'08'SY h 41 JO ~ 19 ~ R4°~TO'~ ~ R~J0.00 R R=30~ N ~ t8 a 8 y 20 ~ d d5 N Uf ~6~ Y ~ a ~ a ~ g ~ z1 ~ t» 7 ' ~ ParkN to pl v e n (N(JJ~~ GOJef(`m V (y 22 O V ~ ` O 4 6 ~ _ ~ ~~`~M1~l 1(aa/ES~ 4e` M1 a 23 25 ~9\d~s°~ 030• 24 272'00' .Zl Q~`F41 41.30 42.43 ~ 5 m R=,0.00 R=30.00 ~ `~'1 ~ 31 T00' 587.79 ,~3?~}5~ ;~-I9'f9'H' 22T00'S0. 190.42 l' P°~ ~yp 13T00' ~ 581.19 1 189y,W°00 123'09'52" 182'00', 14.35 42.4, py50 R=,0.00 2 R=,0.00 i1,51~9.98 E 4 3 1 'IUKUIN" D BXHiBIT «p„>, x Page 1 of 2 OPeP 5r u ,~°~~cP 1s M1 ' M x 31 roo' so.oo o a s tJ.229.BJ N t J~.2K~~ ~ 41'00' 50.00 a 8600' 42.43 78 °o ~ R=J0.00 ROADWAY L07 B $ f2 1 0.684 ACRE ' ~ I x ° O G in p 17 N b N S 10 t" N 75600' e 4 N' . 324'S0'OB' 268'00' 0 42.43 R=30.00 9 14.J5 R:30.00 ° R~'3Q~ ° 573.37 41,00, R=J0.00 311'00' 110.00 267J0' 134. 94.65 ,..-zafi•aa'ts" 573.37 R~50.00 ~ ~ 131'00' w~ 17 ~ 210'09'52' ~ 8T30~ R~•Op O 14.35 R ReJO,Op 19 A 18 R=J0.00 - ~ ~ e ~ S b zo a as ~ w ~3~ m ~ D S O1 -c a 1 g 1- z1 m ~ o ~ "'1 Park Site ~a e~~ o ` ~Jecf`R+ N: N 2Z N ~ 6 y N ~,ry1 ~m ~ ~•W'F VI 2J 23 ~ ``yE' Pte, za 27roo' ~ ~ 3 ° 41.30 42.43 R=J0.00 R=30.00 6 kp'1~ 06 ~ J1T00' 587.19 R`~• ,~3?`'40,3500 `„-f9~t9•aa• zzrao~ som f9o.az ag3o uroo' - 581.19 i om ~~4.~a d0 123.09.52• 1Broo•Ja 0 g0• 14.78 2 424J t1,HJ893 N Rg R=30.00 R=30.00 12,3/9.18 E 1 "iWl(UkU' A 4 J 8 3 Y REDl1C£D NOT TO SCAIF ~ ROADWAY LOTS A AND B ~ , Within Kikola-Keokea Residential Subdivision, Kapoho Section Kikala and Keokea, Puna, Island of Hawaii, Hawaii Jon R_3a5(oe) Sccle: 1 inch = 200 feet 9. eu. lac ww 1-z-4J SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES asr Ro. 24,29z ROM ay x z93e Page 2 of 2