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HomeMy WebLinkAboutRES 473 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 47~ RESOLUTION AUTHORIZING THE EXCHANGE OF INTERESTS IN REAL PROPERTIES, SITUATE IN WAIMEA, SOUTH KOHALA, COUNTY AND STATE OF HAWAII, COVERING TAX MAP KEY (3)6-5-003: PORS. 004, 002 AND 029, BETWEEN THE COUNTY OF HAWAII, GEORGE A. MAGOON, II, AND THE ROMAN CATHOLIC CHURCH OF THE STATE OF HAWAII, FOR THE CREATION OF THE WAIMEA TRAILS AND GREENWAYS. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the County of Hawaii ("County") is the owner of a parcel of land which was originally a part of Land Patent Grant Number 13,641 to Richazd Smart in Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, containing an area of approximately 1.238 acres, bearing Tax Map Key No. (3) 6-5-003: por. 004 ("Lot E"); and WHEREAS, George A. Magoon, II ("Magoon") is the owner of the parcel of land adjacent to the south of Lot E, containing an azea of approximately 5.068 acres, bearing Tax Map Key No. (3) 6-5-003:002 ("Lot 1"); and WHEREAS, the Roman Catholic Church in the State of Hawaii ("Roman Catholic Church") is the owner of the parcel of land adjacent to the north of Lot E, containing an area of approximately 1.978 acre, bearing Tax Map Key No. (3) 6-5-003:029 ("Lot 13"); and WHEREAS, the County seeks to create the Waimea Trails and Greenways and needs to adjust the boundary lines between these pazcels as part of this multi-use trail project, and Magoon and Roman Catholic Church have, under the threat of condemnation, agreed to this land exchange; and. WHEREAS, County, Magoon and the Roman Catholic Church have joined in an application to consolidate and resubdivide Lots E, 1 and 13 so as to move boundary lines between Lot E and Lot 1 and between Lot E and Lot 13. Final subdivision approval for said consolidation and resubdivision was granted by the County of Hawaii Planning Director on July 15, 2002 in Subdivision No. 7569. The consolidation and resubdivision resulted in the creation of Lot E-1, Lot 1-A and Lot 13-A as shown on the subdivision plat map attached hereto as Exhibit "4" and made a part hereof; and WHEREAS, Lot 1-A is more particulazly described in Exhibit "E" attached to Exhibit "1" and made a part hereof (County Deed); and WHEREAS, Lot E-1 is more particularly described in Exhibit "E-1" attached as Exhibit " 2" and made a part hereof (Magoon Deed); and WHEREAS, Lot 13-A is more particularly described in Exhibit "E" attached as Exhibit " 3" and made a part hereof (Roman Catholic Church Deed); and WHEREAS, County and Magoon wish to quitclaim to each other any interest they may have for the portions of their respective parcels which are now within the resubdivided lots such that Magoon will acquire any interest of County in Lot 1-A and County will acquire any interest of Magoon in Lot E-1; and WHEREAS, County and Roman Catholic Church wish to convey to each other any interest they may have for the portions of their respective parcels which are now within the resubdivided lots such that County will acquire any interest of Roman Catholic Church in Lot E-1 and Roman Catholic Church will acquire any interest of County in Lot 13-A; and WHEREAS, Section 2-111 of the Hawaii County Code permits the exchange of real property for private property, and Section 2-118, Hawaii County Code, allows for the disposal of remnant parcels. 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Sections 2-1 I1 and 2-118, Hawaii County Code, the County of Hawaii accepts the exchange of the County's interest in TMK: 6-5-003: por. 002 to George A. Magoon, II, in return for George A. Magoon, II's interest in TMK: 6-5-003: por. 004 to the County. BE IT FURTHER RESOLVED that in accordance with Sections 2-111 and 2-118, Hawaii County Code, the County of Hawaii accepts the exchange of the County's interest in TMK: 6-5-003: por. 029 to the Roman Catholic Church in return for the Roman Catholic Church's interest in TMK: 6-5-003: por. 004 to the County. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor Harry Kim; (2) the Department of Parks and Recreation; (3) Office of the Corporation Counsel; (4) George A. Magoon, II, c/o James Sogi, Esq., 75-170 Hualalai Road, #D-120, Kailua-Kona, Hawaii 96740; and (5) the Roman Catholic Church in the State of Hawaii, c/o Robert B. Graham, Esq., 1099 Alakea Street, Suite 1400, Honolulu, Hawaii 96813. 3 Dated at Hilo , Hawaii, this 31st day of October , 2006. INTRODUCED BY: .,f,___- CO CIL MEMBER, COUNT OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X 1 hereby certify that the foregoing RESOLUTION was by the x[GA X vote indicated to the right hereof adopted by the COUNCIL of xoFFMANN g the County of Hawaii on October 31, 2006 xGLSCHUx X ATTEST: IxE~A X ISBELL ]ACOBSON g PILAGO X SAFARIK 8 0 1 0 ' Reference C-1103lFC-345 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 4 LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY Mail Pickup ( ) Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 TITLE OF DOCUMENT: PARTITION AND QUITCLAIM EXCHANGE DEED AND GRANT OF EASEMENT (In Lieu of Condemnation) PARTIES TO DOCUMENT: COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720; GEORGE A. MAGOON, II, ,whose address is 59-1591 Kohala Ranch Road, Kamuela, Hawaii 96743. AFFECTS: TMK (3) 6-5-03: Pors 004 and 002 This document contains _ pages. jyk\land\inh\P&QExchDeedCOHMagoon040406 1 ~ ~ ~ ~ I T ~ I i ~ ~ PARTITION AND QUITCLAIM EXCHANGE DEED AND GRANT OF EASEMENT (In Lieu of Condemnation) THIS Partition and Quitclaim Exchange Deed and Grant of Easement (in Lieu of Condemnation) is made this day of , 200_, by and between the COUNTY OF HAWAII ("County" or "Grantor"), a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, and GEORGE A. MAGOON, II, ,whose address is 59-1591 Kohala Ranch Road, Kamuela, Hawaii 96743 ("Magoon" or "Grantee)." RECITALS 1. County was the owner of a pazcel of land which was a part of Land Patent Grant Number 13,641 to Richard Smart in Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, which contained an azea of 1.238 acres, more or less, bearing Tax Map Key No. (3) 6-5-3: 4 as more specifically described in Exhibit A attached hereto and made a part hereof ("Lot E"). 2. Magoon was the owner of the pazcel of land adjacent to the south of Lot E, which parcel contained an azea of 5.068 acres, more or less, bearing Tax Map Key No. (3) 6-5-3: 2, as more specifically described in Exhibit B attached hereto and made a part hereof ("Lot 1 3. The Roman Catholic Church in the State of Hawaii owned the pazcel of land which is adjacent to the north of Lot E which pazcel contained an area of 1.978 acre, more or less, bearing Tax Map Key No. (3) 6-5-3: 29 ("Lot 13"). 4. Lots E, 1 and 13 as described above are shown on the copy of the Tax Map attached hereto as Exhibit C and made a part hereof. jyk\land\inh\P&QExchDeedCOHMagoon040406 2 5. The County seeks to create the Waimea Trails and Greenway Pazk and needs to acquire these parcels and under the threat of condemnation have agreed to this land exchange. 6. County, Magoon and the Roman Catholic Church in the State of Hawaii joined in an application to consolidate and resubdivide Lots E, 1 and 13 so as to move boundary lines between Lot E and Lot 1 and between Lot E and Lot 13. Final Subdivision approval for said consolidation and resubdivision was granted by the County of Hawaii Planning Director on July 15, 2002 in Subdivision No. 7569. The consolidation and resubdivision resulted in the creation of Lot E-1, Lot 1-A and Lot 13- A as shown on the subdivision plat attached hereto as Exhibit D and made a pazt hereof. 7. Lot 1-A is more particularly described on the description attached as Exhibit E and made a part hereof. 8. County and Magoon wish to quitclaim to each other the portions of their respective pazcels which aze now within the resubdivided lots such that Magoon will acquire any interest of County in Lot 1-A and County will acquire any interest of Magoon in Lot E-l. To that end, County is executing this deed to quitclaim any interest it has in the land now within Lot 1-A. Magoon will be executing a corresponding deed to quitclaim any interest Magoon has in Lot E-1. The recordation of said deeds is to occur simultaneously, it being the intent of County and Magoon to achieve a simultaneous like- kind exchange of real property under Section 1031, Internal Revenue Code of 1986, amended. That Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) to it paid by Magoon, hereinafter called the Grantee, the receipt whereof is hereby jyk\land\inMP&QExchDeedCOHMagoon040406 3 acknowledged, has sold and by these presents does hereby remise, release and forever quitclaim unto the said Grantee, as tenant in severalty, all of its right, title, and interest in the property described in Exhibit E attached hereto and by reference made a part hereof. And the reversions, remainders, rents, issues, and profits and all of the estate, right and title and interest of the grantor, both at law and in equity. TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining to be held and enjoyed with the land, unto the Grantee as tenant in cornmon forever. In addition, Grantor hereby grants to Grantee as an easement appurtenant to Lot 1-A, a perpetual nonexclusive easement for existing surface water drainage from Lot 1-A onto Lot E-1. IN WITNESS WHEREOF, the Grantor has hereunto executed these presents on this day of , 200_ COUNTY OF HAWAII sy Its Mayor APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Date: jyk\land\inh\P&QExchDeedCOHMagoon040406 4 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 200 ,before me personally appeazed HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed in behalf of said 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 (1991) as amended; and said HARRY KIM acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. Notary Public State of Hawaii My commission expires: jyk\land\inh\P&QEzchDeedCOHMagoon040406 EXHIBIT A All of that certain parcel o[ land (being portion of the land(s) described in and covered by Land Patent Grant Nwaber 13,641 to Richard Smart) situate, lying and being between Hawaii Helt Road and Kawaihae Road, at Waimea, District o! South Kohala, Island and County of Hawaii, State of Hawaii, being a portion of the Crown Land of Waimea, same being a portion of waikoloa Stream, and thus bounded and described: Beginning at a point at the southwest corner of this piece of land, being also the north comer of Grant 8571 to Mrs. Jennie C. Lovstad and the west corner of Groat 8005 to Thomas K. Nahiwa, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WHST BASE" being 2,342.24 feet south and 2,934.58 feet west, and running true azimuths measured clockwise Erom South: 1. 94° 04' 104.87 f eet along Government land, along G. L. 3038 to Richard Smart, crossing waikoloa Stream, to a point; 2. 205° 37' 195.40 Eeet along Grant 8553 to the Prostestant Episcopal Church is the Hawaii Islands; 3. 206° 28' 130.00 Eeet along Grant 10324 to Raman Catholic Church in the State of Hawaii; 4. 247° 14' 70.00 Eeet along Groat 10324 to Roman Catholic Church is the State oP Hawaii; 5. 269.0 26' 90.00 £eet along Groat 10324 to Roman Catholic Church is the State of Hawaii; 6. 323° 07' 75.00 feet along Groat 10324 to Roman Catholic Church is the State o! Hawaii; 350° la' 129.85 feet along Groat 10,324 CO ROmaa Caeholie Church is thet State o! Hawaii; jkVandldeed\inh\waimeakohmagoon 6 r" 8. 312° 16' 160.00 Eeet along 10324 to the Roman Catholic Church in the State of Hawaii; 9. 338° 54' 50.34 feet along remainder of Grant 17641 to Richard Smart crossing said waikoloa Stream; 10. 90° 00' 80.00 Peet along Grant 8005 to Thomas K. piahiwa; 11. 125° 00' 100.00 feet along Grant 8005 to Thomas K. Nahiwa; 12. 168° 00' 220.00 feet along Grant 8005 to Thomas K. Nahiwa; 13. 110° 00' 50.00 feet along Grant 8005 to Thomas K. Nahiwa; 14. 67° 00' 70.00 feet along Grant 8005 to Thomas K. Nahiwa; 15. 17° 14' 259.40 Eeet along Grant 8005 to Thomas K. Nahiwa to the point of beginning and containing an area of 1.238 acres, more or less. Said above described parcel of land having been acquired as Eollows: 1. By BP PARTNERS, a Hawaii general partnership, as to an undivided 30'Y interest, by DEED of ENVIRONS PACIFIC, INC., a Hawaii corporation, dated April 16, 1991, recorded as Document No. 91- 050506; and 2. By PAN-PACIFIC DEVELOPMENT, INC., a Hawaii corporation, as to as undivided 70t interest, by LIMITED WARRANTY DEED of ENVIRONS PACIFIC, INC., a Hawaii corporation, dated Mazch 12, 1992, recorded as Docwnent No. 92-038381. jk\IandWced\inh\waimea~COhmagoory , I EXHIBIT B All of that certain parcel o! land (being portioa(a) oL the land(s) described in and covered b? Land Patent Grant Number 8005 to Thomas R. Nahiwa, Land Patent Grant Numbers 8571 and 8574 to Mrs. Jennie C. Lovstad and Land Patent Grant Number 5443 to H. Akona and Land Patent Grant Number S-15,512 to Waiwai, Inc., a Hawaii corporation) situate, lying and bring at Waimea, Aistrict of South Kohala, island aad County o! Hawaii, State of $aNaii, being LOT 1, and thus bounded and described: Beginning at a pipe at the south corner of this parcel of land and on the northwesterly side o! Flamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Seation "WEST BASS" being 2.812.49 feet south and 2,72fi.97 feet west and running by azimuths measured clockwise from true south: 1. 142• 15' 471.75 feet along Lot 2, remainder of Grant 8571 to Mrs. Jennie C. Lovstad to a pipe; 2. 219' 40' 126.54• feet along Government land to a pipe; 3. 197• 14' 259.40 feet along Grant 13152 to a pipe; 4. 247• 00' 70.00 feet along Grant 13152 to a Pipet 5. 290• 00' 50.00 feet along Grant 13152 to • a pipet 6. 348° 00' 220.00 feet along Grant 13152 to a pipet 7. 305• 00' 100.00 leet along Grant 13152 to a pipe; 8. 270° 00' 80.00 feet along Grant 13152 to a pipe; 9. 325• 45' 35.00 feet along Grant 13641 to a pipe; io. 323• as' 210.56 Feet along Grant 9878 to a pipe (found) at the northwesterly side of the Mamalahoa Highway; jk`la~deed~inhlwaimw`cohmagoon - 8 11. 52• 15' 420.00 feet along the northwesterly side o! Mamalahoa Highway to the point o! beginning and containing an area o! 5.068 acres, more pr less. SUBJECT, HOWEVER, to: 1. A reservation to the State of Hawaii, its successors and assigns, relating to the land described in Land Patent No. 5-15,512 for minerals, water, and prehistoric and historic remains, and the following terms, conditions and covenants: (1) That the use of the subject area shall be in combination and consolidation with the abutting land and in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. (2) That the use and enjoyment of the land shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin or a physical handicap. 2. Free flowage o! Waikoloa Stream as shove on ta: map. 3. Discrepancies, conllicts in boundary Lines, shortage in area, encroachments or any other !acts which a correct survey or archaeological study would disclose. jk` land~deed!inh~waimeabohmagoon 9 C o - ~ - w aw u~. i _ ~ w..~~y .w.;: R. IVA~MfA PARK \ ~ i e,a , O 7 sOJ ,1 i u. a.u u... .v.. i.• ~a ROa° ~9~ is,~Ni ~ R/~, r. L~ g ~ , ~ ~ . v.,o.. f r' r' ~ \e ~ ~ + _ 3p i r~ ff 6 f J O 4 ~S i ~ ~C ~ r ~f ~ I r , Lit N~ Lv i ~ , r ~i J' V a Pd 4 Q ~ p t~ ~ ~y\.d. fem. ~y~~ e'4~..~ „ e r ~'r° ~ ° ~ 0 f r~ ~ ~ - \ 4~ ~ i' Ye 1 1~ O \ / ~ ~ ~ µYp~Y1WM1 p uun.u ,+oY.. IM.NS Hl..~i..H ti.., 1?3allOU Y.M W.YV ..wr ry R:.u.I s+r.. ~ Ila/1 p wr.. 6r ~ . ~Ai M11~ i uN~4 M~r_.__. rw nu Hann r.a.rwn rwroso ._..6 5 03 wu~ to cN.wa w... EXHIBIT C =4 ~i G ~H~'~j,'q poi ~ S ~ i~ l JCLia_ Pej ty'T4. 1yG~ .o? 9 ~~J "S ~i' 4 $ .a M 2• `a've'.. ~ ~ cry ,P ~~t 1•i~3•~~ 57p .cam 617'20'_ _ ~i~~ ~ '9~ "s~ ~,5t j19 Ay0 179.7....:._. nl 5~~ ~ Z : ~ ml. ty c o1~ p 4 ti0 h1 9 ie. ~ O s, 1 6 Q ~O tiBg ,y09p6 id ~~t 1 a56~. Iv~i o... ~q O ~L • I fi 2192 97 ~ ;~OJ ,yyb^ ~ ~ vT : fo r : s ~ic N r'hti~~ `1,7y ~ ~ V:.~ o$a '19 l~'? ~'e~ W LOT 1-A ~ ` p ' ` 5.007 ACRgggES 9'~ ~ surR' z f 13641 'ice V J f'?~?'IT::..... ~ ri~q NN a y ^n+ or ~ c ~ ~ GiFNf 5411 'IO rJ4 n N. M(LN1 r 3. b~Jy ^ m' 2.025.33 N "'e' ~ \ Y .,4'y 4.853.28 W ~ ~ a^,~o ~ 'WEST BASE A,.. ~ J ~ ......................V i GWNI'85741'^ n~ LRS :EYNIE C: W,SfI? ~52'I S' ~ 420.00 M A M A L A H O A H I G H W A Y PLAN SHONANC ( L THE CONSOLIDATION OF LOT 1 SING PORTIONS uao~o OF GRANT 8003 TO THOMAS K. NAHIWA, GRANT 5443 TO H. AKONA, * ~^OZ~ } GRANT 8574 TO MRS. IENNIE C. LOYSTAD, GRANT 8571 TO ~ >.r MRS. JENNIE C. LOVSTAO ~ GRANT 5-15,512 TO Y.Y. INC., LOT 13 BEWG GRANT 10324 TO 7HE ROMAN CATHOIJC CHURCH IN THE TERRITORY OF HAWAM ANO ~Alll ~ LOT E BEING GRANT 13,158 TO RICHARD $MAR7 me •ak rm nr.pww per n,• AND THE RESUBDINSION OF SAID CONSOIJDATION w undw mr w,,,~w,,,~ INTO L075 1-A, 13-A AND E-1 U~~~J"~~~•~ WAIMEA, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII U ROeEP~T/ L 9eRN, Ply $uMy and Plan by laland $urvay, inp Slab of R•r•Y Crt No. l5-sse9' P.O. Boz 4215. HAo, Hcwdl 96720 uc•nw E.pFa Apr1 .70. 2004 Jul 10 2002 Tox Map Key. 8-5-003:002, 029 8; 004 Exhibit D r DESCRIPTION LOT 1-A Being Portions of Grant 8005 to Thomas K. Nahiwa, Grant 5443 to H. Akona, Grants 8574 & 8571 to Mrs. Jennie C. Lovstad and Grant 5-15,512 to Y.Y. Inc. Situated at Waimea, South Kohala, Island of Hawaii, Hawaii Beginning at the east comer of this parcel of land and on the northwest sidq of Mamalahoa Highway, the coordinates of said point of beginnir?g referred to Government Survey Triangulation Station "WEST BASE" being 2,025.33 feet North and 4,653.28 feet West and running by azimuths measured clockwise from True South: 1. 52° 15' 420.00 feet along the northwest side of Mamalahoa Highway; 2. 142° 15' 447.49 feet along the remainder of Grant 8571 to Mrs. Jennie C. Lovstad and Grant S-15,512 to Y.Y. Inc.; Thence along Lot E-1 for the next seven (7) courses, the duect azimuths and distances between points being: 3. 219° 40' 120.97 feet; - 4. 19S° 00' 272.69 feet; 5. 257° 50' 52.05 feet; 6. 293° 58' 50.08 feet; 7. 355° 19' 30" 100.00 feet; 8. 294° 52' 30" 74.61 feet; 9. 302° 25' S0" 152.44 feet along the centerline of stream and all its windings; 10. 338° l2' 34.84 feet along Grant 13,641 to Richard Smart; 11.325° 45' 34.94 feet along Grant 13,641 to Richard Smart; Exhibit E ® Page 1 of 2 ISLAND SURVEY, INC. r.o.eoxazis SURVEYORS HIlO, HAWAII 96720 / Lot 1-A 12.323° 45' 210.56 feet along Grant 9778 to A.W. Carter, TR to the point of beginning and containing an area of 5.007 acres. ~~aTT` lea .y\. September 9, 2002 , aa.:.r; - . ISLAND SURVEY, INC. Hilo, Hawaii 'it tvaas~~,:~3,:;: ;-,i TMK:6-5-003:portions 002 & 004 ROBERT T. SHIRAI Licensed Professional Land Surveyor 5985 License expires 04/30/04 -2- Exhibit E Page 2 of 2 ® ISLAND SURVEY, INC. v.o.eoxazis SURVEYORS HILO, HAWAII 96720 LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY Mail O Pickup ( ) Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 TITLE OF DOCUMENT: PARTITION AND QUITCLAIM EXCHANGE DEED AND GRANT OF EASEMENT (In Lieu of Condemnation) PARTIES TO DOCUMENT: GEORGE A. MAGOON, II, ,whose address is 59-1591 Kohala Ranch Road, Kamuela, Hawaii 96743. COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720; AFFECTS: TMK (3) 6-5-03: 004 and 002 This document contains pages. n~ll iyk'~dcedhnh`.P&QExchDeedMagoonCOH060606-I 1 EX H I B I T PARTITION AND QUITCLAIM EXCHANGE DEED AND GRANT OF EASEMENT (In Lieu of Condemnation) THIS Partition and Quitclaim Exchange Deed and Grant of Easement (in Lieu of Condemnation) is made this day of 200_, by and between GEORGE A. MAGOON, II ("Magoon" or "Grantor"), whose address is 59-1591 Kohala Ranch Road, Kamuela, Hawaii 96743, and the COUNTY OF HAWAII ("County" or "Grantee"), a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, RECITALS 1. County was the owner of a pazcel of land which was a part of Land Patent Grant Number 13,641 to Richazd Smart in Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, which contained an area of 1.238 acres, more or less, beazing Tax Map Key No. (3) 6-5-3: 4 as more specifically described in Exhibit A attached hereto and made a part hereof ("Lot E"). 2. Magoon was the owner of the pazcel of land adjacent to the south of Lot E, which parcel contained an area of 5.068 acres, more or less, bearing Tax Map Key No. (3) 6-5-3: 2, as more specifically described in Exhibit B attached hereto and made a part hereof ("Lot 1 3. The Roman Catholic Church in the State of Hawaii owned the parcel of land which is adjacent to the north of Lot E, which parcel contained an area of 1.978 acre, more or less, bearing Tax Map Key No. (3) 6-5-3: 29 ("Lot 13"). j. k`deed\inh`.P&QtxchDecdMagoonCOF 1060606. I 2 4. Lots E, 1 and 13 as described above are shown on the copy of the Tax Map attached hereto as Exhibit C and made a part hereof. 5. Whereas, the County seeks to create the Waimea Trails and Greenway Park and needs to acquire these parcels and under the threat of condemnation have agreed to this land exchange. 6. County, Magoon and the Roman Catholic Church in the State of Hawaii joined in an application to consolidate and resubdivide Lots E, 1 and 13 so as to move boundazy lines between Lot E and Lot 1 and between Lot E and Lot 13. Final Subdivision approval for said consolidation and resubdivision was granted by the County of Hawaii Planning Director on July 15, 2002 in Subdivision No. 7569. The consolidation and resubdivision resulted in the creation of Lot E-1, Lot 1-A and Lot 13-A as shown on the subdivision plat map attached hereto as Exhibit D and made a part hereof. 7. Lot E-1 is more particularly described in the description attached as Exhibit E-1 and made a part hereof. 8. County and Magoon wish to quitclaim to each other any interest they may have for the portions of their respective parcels which aze now within the resubdivided lots such that Magoon will acquire any interest of County in Lot 1-A and County will acquire any interest of Magoon in Lot E-1. To that end, Magoon is executing this Quitclaim Exchange Deed to quitclaim any interest he has in the land now within Lot E- 1. That Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00) to him paid by County, hereinafter called the Grantee, the receipt whereof is hereby acknowledged, jy kldeed~ inh~P&QExchDeedMagoonCOH060606. I 3 hereby quitclaims and forever releases unto the said Grantee, as tenant in severalty, any right, title, and interest in the property described in Exhibit E-1 attached hereto and by reference made a part hereof. And the reversions, remainders, rents, issues, and profits and all of the estate, right and title and interest of the Grantor, both at law and inequity. TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining to be held and enjoyed with the land, unto the Grantee as tenant in severalty forever. Grantor hereby grants to the County a license over Lot 1-A for the purpose of maintaining trees located within Lot E-1. In consideration, the County covenants and agrees that it will trim and maintain the said trees within Lot E-1 (but not those within Lot 1-A), and removing any trees within Lot E-1 overhanging Grantor's Lot 1-A building setback area, in a safe manner and in accordance with accepted professional standards, will give reasonable advance notice to Grantor prior to use of said license and will indemnify and hold harmless Grantor from any liability (including Grantor's attorney's fees) arising from trees within Lot E-1 over hanging into Lot 1-A, and from the activities of County's employees, agents, or contractors entering Lot I-A in exercising the license rights of the County. Before entering Lot 1-A, any tree maintenance persons who are not county employees shall maintain liability insurance of at least $1,000,000.00 insuring against liability for maintaining [he trees (along said boundary) on Lot E-l. jy k'decJ`,inhtP&QEschDeedMagoonCOH060606.1 4 The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same conveyance, binding all of the parties hereto, notwithstanding all of the parties aze not signatory to the original or same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the Grantor and Grantee have hereunto executed these presents on the day and yeaz first above written. GEORGE A. MAGOON, II COUNTY OF HAWAII ay Its Mayor APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel County of Hawaii Date: ~ yA`dccd~in h\N&QEx c h DeedM agoonCO H060606. I 5 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this ~i~ t~ day of_ v~~ ,~Pie;l,<_ , 200Y' ,before me personally appeazed GEORGE A. MAGOON, II, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. 3~~\\\~,~~` iJ fEAI N ~l A r tt y ' ~ L 1 C ; ~ Carol Jean Mendel ~i„ 1 Date nUan/ ~ T~~' • • • Exp ration : Ja 26 2007 %,,i., O,e~;'~~y.IP\~ Notary Public '01i+~~~~~ State of Hawaii My commission expires: ~yk~deedhnh~P&QExchDtedMagoonCOH060606.1 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 200_, before me personally appeazed HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed in behalf of said 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 (1991) as amended; and said HARRY KIM acknowledged said instrument to be the free act and deed of said COUNTY OF HAWAII. Notazy Public State of Hawaii My commission expires: jyk'dceJ\inh`.P&QFxchDeeJMaguonCOH060606.1 ~ t EXHIBIT A All of that certain parcel of load (being portion of the land(s) described in and covered by Land Patent-Grant Number 17,641 to Richard Smart) situate, lying and being between Hawaii Belt Road and Kawaihae Road, at Waimea, District of South Kohala, Island and County o! Hawaii, State o! Hawaii, being a portion of the Crown Land of Waimea, same being a portion o! Waikoloa Stream, and thus bounded and described: Beginning at a point at the southwest corner of this piece of load, being also the north corner of Grant 8571 to Mrs. Jennie C. Lovstad and the west corner o! Grant 8005 to T1:somas 4C. Hahiwa, the coordinates of said point o! beginning referred to Government Survey Triaagulatioa Station "WEST BASE• being 2,342.24 feet south and 2,9]4.58 feet west, and running true azimuths measured clockwise trom South: ' 1. 94° 04' 104.87 f eet along Government land, along G. L. 1018 to Richard Smart, crossing waikoloa Stream, to a point; 2. 205° 37' 195.40 feet along Grant 8553 to the Proateatant Episcopal Church in the Hawaii Islands; 3. 206• 28' 110.00 Leer along Grant 10324 to Roman Catholic Church in the State of Hawaii; 4. 247" 14' 70.00 feet along Grant 10724 to Roman Catholic Church is the State of Hawaii; 5. 2690 26' 90.00 Eeet along Groat 10124 tc Roman Catholic Church in the State of Hawaii; 6. 323° 07' 75.00 feet along Groat 10]24 to Roman Catholic Church in the State of Hawaii; 350• 1a' 129.85 feet along Great 10,324 to Roman Catholic Church is the State o! Hawaii; jkVandWeed`inhlwaimea!cohmagoon $ B. 312° 16' 160.00 Feet along 10324 to the Roman Catholic Church in the State of Hawaii; 9. 338° 54' 50.34 feet along remainder of Grant 17641 to Richard Smart,crossing said waikoloa Stream; 10. 90° 00' 80.00 Feet along Grant 8005 to Thomas K. Nahiwa; 11. 125° 00' 100.00 feet along Grant 8005 to Thomas K. Nahiwa; 12. 168• 00' 220.00 feet along Grant 8005 to Thomas K. Nahiwa; 13. 3.10° 00' 50.00 feet along Grant 8005 to Thomas K. Nahiwa; 14. 67° 00' 70.00 feet along Grant 8005 to Thomas K. Nahiwa; 15. 17° 14' 259.40 feet along Grant 8005 to Thomas K. Nahiwa to the point of beginning and containing an area of 1.238 acres, more or less. Said above described parcel of'land having been acquired as follows: 1. Hy HP PARTNERS, a Hawaii general partnership, as to an undivided Sot interest, by DEED of ENVIRONS PACIFIC, INC., a Hawaii corporation, dated April 16, 1991, recorded as Docnmeat No. 91- 050506; and 2. Hy PAN-PACIFIC DSVSLOPMENT, INC., a Hawaii corpozatioo, as to as undivided lot interest, by LIMITED wARRANTy Dggp of ENVIRONS PACIFIC, INC., a Hawaii cozporation, dated March 12, 1992, recorded as Document No. 92-038]81. jk\IandWeed\inh\waimea~C°hmag°on 9 • ~ i. t EXI•IIBIT B All of that certain parcel of land (being postion(a) of the land(s) described in and covered by Land Patent Grant Number 8005 to Thomas 1K. Nahiwa, Land Patsnt Grant Numbers 8571 and 8574 to Mrs. Jennie C. Lovstad and Land Patent Grant Numbet 5443 to H. Akona aad Land Patent Grant Number S-iS,Si2 to Naiwai, Iac., a Hawaii corporation) situate, Ding and being at Naiaea. District of South 1COhala, island aad County o! Hawaii, State of $awaii, being LOT 1, and thus bounded and described: 8eginninq at a pipe at the south corner of this parcel of land and oa the northwesterly side of Mamalahoa Highway, the coordinates o! said point o! beginning referred to Government Survey Triangulation Station "NEST BASQ• bring 2,812.49 feet south and 2,726.97 feet west and running by asimuthe measured clockwise troy true south: 1. 142• 15' 471.75 feet along Lot 2, remainder o! Grant 8571 to Iles. ,7snnie C. Lovstad to a pipes 2. 219• 40' 126.54• tact along Governmeat land to a pipet 3. 197• 14' 259.40 feet along Grant 13152 to a pipe; 4. 247• 00' 70.00 feet along Grant-13152 tv a p1pe; 5. 290• 00' 50.00 feet along Grant 13152 to • a pips; 6. 348• 00' 220.00 teat along Grant 13152 tv a Pipet 7. 305• 00' 100.00 feet along Grant 13152 to a pipe; 8. 270• 00' 80.00 feet along Grant 13152 to a pipe; 9. 325• 45' 35.00 feet along Grant 13641 to a pipe; lo. 323• as' 210.56 teat along Grant 9878 to a pipe (found) at the northwesterly side of the • Maroalahoa Highway= jk~land~decdlinh\waimnlcohmagoon 10 11. 52• 1S' 420.00 feet along tha northwesterly side o! Mamalahoa Highway to the point of beginning sad containing an area of 5.068 acses, more or lass. SUBJECT, HOWEVER. to: 1. A reservation to the State of Hawaii, its successors and assigns, relating to the land described in Land Patent No. 5-15,512 for minerals, water, and prehistoric and historic remains, and the following terms, conditions and covenants: (1) That the use of the subject area shall be in combination and consolidation with the abutting land and in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. (2) That the use and enjoyment of the land shall not be in auggort of any policy which discriminates against anyone based upon race, creed, sex, color, national origin or a physical handicap. 2. Free tlowa9e of Naikoloa Stream as shown on tas map. 3. Discrepancies, conflicts in boundacy lines, shortage in area, eaeroaehmeats or any other facts which a correct survey or archaeological study would disclose. jk`Ia,d'deedlinh~waimea`Cahmagaon 11 O ' ~ - V.t ,,.,v Yrr z , ~...r JVAlMCA PARK \ r` 1 . f O 7 =O i a~~ ~ r,.. RO~O .y - C~,vr [ rI. O/ ~i% MN •O , r O .r... ~ ~r.w?~.L ~ ? T 'l- ~ ~ I r MME ' ? •Y .r ~ Y i5,7af ///...iii--~ rR' ,l I11~ ~ ? ~ ~ , ? M l Cnr~in~:Y~/ ® J Wr q riwl: i( `f r ~ f ~ ^ Ldp • i ~ ~ ~ A ~ .i \ e? Ar ' l ~ J O \ ~ I r~ r' J ~ ~ , ~ ~ r; ' ~ ~ .,rr s f• s ,Ir r\~ 0 if ! 4S • i ~ / ~ Ir r p \ % / ` ~ ~ / y'f it P ° uarrJwn! a uure+.- nortc.n..?a qsA Kx. ~{Ji, /!h~•r iApTgll aMf Wl41Y Wnrl Jy R,?4rI SrW IIA/1 Or IMMM, /I ~r / TA1f MA? _ / iM, 1ud:., 1i:,W...... r ! _ nr - Syr I l !O\ llAl rROAll1Y TA1A.ipM lWrOflf ~ 6. 5 03 SWJld TO CMANG! ' , Mul Ip, Ib}i Exhibit C • ( i :~y i y . 9 2 r a; . Sr ~ • \ J~ .S f4~ ~'b ate'{ ~e.~ q ~`2' t. ; ~r u~~ ao• a M mrt•. ' '4g• ~•Q N rQ of ~ "~1 ~3 8 720+-'~ S~ ~6 FS Q9 ,x,51 ~~gS.pA 179.7...... ....~I _ ~ Q gr5~ 2A' ~I` '>'i 1y ° 7~' : 1.6 OS iv a 9 ~0' j M11~ 91~~ I~ o... O _ q ~ 219'10 V n ? `v ~ . 120.97 ,~p,9 ~yo y~ ; \ y ~!v 3g N 1, 1M ~ \ i \~N~~ ~ '~a a N ~ ry9wy'1. ~xr ~ U~r ~ nj W ' 1 1 v, s" ~ LOT 1-A 1 1~ " 5.007 ACRES 1 y-~'~ ~ Six, z ~ ~ 1! Uy~(f 13.E t-,yay J 5.. .....10.::..': ,y.Y.:........ r ~ nknae 3mdl Nr ~ ^np hH 4• a ap GiiWf 344] T7 ~ .r:~ NICNA r ~ ~ 3, .mom`? a' ~r 2,025.33 N n ; ~ 4v Y ` 4,653.28 W - a ~~,7 WEST BASE A,,. n ° cH,wr 9374 ~ro n ;r ':.0.~..ENNIE C: ~-r5n~il y 5275' 420.00 M A M A L A H O A H I G H W A Y PLAN SHONTNG T T• ap ~ THE CONSOUOATION OF LOT t BONC PORTIONS umm OF GRANT 9005 TO THOMAS K. NAHIWA, GRANT 5443 TO H. AKONA, r ~"a • GRANT 8574 TO MRS. uENNIE C. LOVSTAD, GRANT 8571 TO „•>sr MRS ~ENNIE C. LOVSTAp k CRANT 5-15,512 TO Y.Y. INC., LOi 13 BEINC CRAM 10324 TO 1HE ROMAN CATHOLIC CHURCH ~II IN THE TERRITORY OF HAWAII ANO L07 E BEINC CRANT I},159 TO RICHARD SMART n.1a ,m '.o• cr•parw Bey m• AND THE RESUBDIMSION OF SAID CONSOLIOATIGN ner my wpaNSim INTO LOTS 1-A, IJ-A AND E-1 ~ 'NAIMEA, SWTH KCHALA, ISLAND OF HA'NAii, HAWAII saeEAT-T~. 5»Xw,v_._p-5~ Survey and Plan Ey Island Survey, Ine. ,Inl• of Ho.aJ CrL N•. 15-39e5 P.O. 9os 4215, Hdo, Howai{ 96720 Licem• Erpru ApN 70, 2004 Jul 10 2002 Td: Map Key. 6-5-003:002, 029 iti 004 Exhibit D 3 3 DESCRIPTION LOT E-1 Being Portions of Grant 8005 to Thomas K Nahiwa, Grant 8571 to Mrs. Jennie C. Lovstad, Grant 5-13,158 to Richard Smart and Grant 10,324 to the Roman Catholic Church in the Territory of Hawaii Situated at Waimea, South Kohala, Island of Hawaii, Hawaii . Beginning at the northwest comer of this parcel of land, being also the initial point of Lot 13-A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 2,423.87 feet North and 5,213.$8 feet West andr~ng by azimuths measured clockwise from True South: Thence along Lot 13-A for the next five (5) courses, We direct azimuths and distances between points being: 1. 286° 12' 30" 24.50 feet; 2. 226° 27' 20" 179.73 feet along the northwest top bank of stream and all its windings; 3. 325° 42' 10" 187.32 feet along the northwest top bank of stream and all its windings; 4. 294° ST 156.63 feet along the northwest top bank of stream and all its windings; 5. 209° 58' 15" 80.00 feet; 6. 338° 26' 30" 25.54 feet along Grant 7224 to M. Lonohiwa; 7. 29° 58' 15" 108.22 feet along Grant 13,641 to Richard Smart; 8. 338° 12' 17.27 feet along Grant 13,641 to Richard Smart; Thence along Lot 1-A for the next seven (7) courses, the direct azimuths and distances between points being: 9. 122° 25' S0" 152.44 feet along the centerline of stream and all its windings; Yom/ Exhibit E1 - Page 1 of 2 ISLAND SURVEY, INC. P0.8Cx a215 SURVEYORS y t Lot E-1 10. 114° 52' 30" 74.61 feet; 11. 175° 19' 30" 100.00 feet; 12. 113° 58' 50.08 feet; 13. 77° 50' 52.05 feet; 14. 15° 00' 272.69 feet; I5. 39° 40' 120.97 feet; 16. 142° 15' 24.26 feet along the remainder of Grant 8571 to Mrs. Jennie C. Lovstad; 17.219° 40' 126.54 feet along Government Land; 18. 95° 16' 104.97 feet along Government Laad; 19.205° 37' 195.40 feet along Lot 11-B-1 to the point of beginning and containing an area of 1.149 acres. • O~~RT L S'i~;~ uc=_rsro ~i .PZ^FI9S~:^..VL September 9, 2002 * uu+os:.~;3rma ISLAND SURVEY, INC. Kilo, Hawaii wassss n TMK6-5-003:portions 002, 004 & 029 ROBERT T. SHIRAI Licensed Professional Land Surveyor 5985 License expires 04/30/04 -2- I 1~I~~~~ Exhibit E1- Page 2 of 2 ISLAND SURVEY, INC. P.o.eoxazis U IOV CV/~~C Y t LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY Mail O Pickup ( ) Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 TITLE OF DOCUMENT: EXCHANGE QUITCLAIM DEED UPON CONSOLIDATION AND RESUBDIVISION (In Lieu of Condemnation) PARTIES TO DOCUMENT: COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720; ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII, a Hawaii nonprofit corporation, whose address is 1184 Bishop Street, Honolulu, Hawaii 96813. AFFECTS: TMK (3) 6-5-03: porn 004 and 029 This document contains pages. E~~~®~T ''3?~ j k\land\deed\inh\Exc hC0 H RomanCath053106 1 EXCHANGE QUITCLAIM DEED UPON CONSOLIDATION AND RESUBDIVISION (In Lieu of Condemnation) KNOW ALL MEN BY THESE PRESENTS: WHEREAS, COUNTY OF HAWAII ("County"), was the owner of a pazcel of land which was a part of Land Patent Grant Number 13,641 to Richazd Smazt in Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, which contained an area of 1.238 acres, more or less, bearing Tax Map Key No. (3) 6-5-3: 4, as more specifically described in Exhibit A attached hereto and made a pazt hereof ("Lot E"); and WHEREAS, GEORGE A. MAGOON, II ("Magoon") was the owner of the pazcel of land adjacent to and to the south of Lot E, which pazcel contained an azea of 5.068 acres, more or less, bearing Tax Map Key No. (3) 6-5-3: 2 ("Lot I and WHEREAS, ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII, a Hawaii nonprofit corporation (the "Catholic Church"), was the owner of the parcel of land which is adjacent to and to the north of Lot E which parcel contained an area of 1.978 acres more or less, bearing Tax Map Key No. (3) 6-5-3: 29, as more specifically described in Exhibit B attached hereto and made a pazt hereof ("Lot 13"); and WHEREAS, Lots E, 1 and 13 as described above are shown on the copy of the portion of the relevant tax map attached hereto as Exhibit C and made a part hereof; and WHEREAS, County seeks to create the Waimea Trails and Greenway Pazk and needs to acquire certain portions of these parcels, and in lieu of condemnation the parties have agreed to this land exchange; and WHEREAS, County, the Catholic Church and Magoon joined in an application to consolidate and resubdivide Lots E, 1 and 13 so as to move the common boundary lines jk\IandWadtinh\ExchCOHRomanCath053106 2 between Lot E and Lot 1 and between Lot E and Lot 13. Final subdivision approval for said consolidation and resubdivision was granted by the County of Hawaii Planning Director on July 15, 2002, in Subdivision No. 7569. The consolidation and resubdivision resulted in the creation of Lots E-1, Lot 1-A and Lot 13-A, as shown on the subdivision plat map attached hereto as Exhibit D and made a part hereof; and WHEREAS, Lot 13-A is more particulazly described in the description attached hereto as Exhibit E and made a part hereof; and WHEREAS, Lot E-1 is more particularly described in the description attached hereto as Exhibit F and made a part hereof; and WHEREAS, County and the Catholic Church wish to convey to each other the portions of their respective pazcels which are now within the resubdivided lots such that the Catholic Church will become the sole owner of Lot 13-A and County will become the sole owner of Lot E-1, NOW THEREFORE, in consideration of the mutual conveyances herein set forth, the parties agree as follows: 1. That the County does hereby release, remise and quitclaim unto the Catholic Church, absolutely and in fee simple, all of County's right, title and interest in and to Lot 13-A, as more particulazly described in Exhibit E. TOGETHER WITH all improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profit thereof. jk\land\deedlinh\ExchCOHRomanCath053106 3 TO HAVE AND TO HOLD the same unto the Catholic Church, its successors and assigns, absolutely and in fee simple. AND 2. That the Catholic Church does hereby release, remise and quitclaim unto .the County, absolutely and in fee simple, all of the Catholic Church's right, title and interest in and to Lot E-1, as more particularly described in Exhibit F. TOGETHER WITH all improvements, tenements, rights, easements, privileges, hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profit thereof. TO HAVE AND TO HOLD the same unto the County, its successors and assigns, absolutely and in fee simple. The parties hereto further mutually agree that after opportunity for such independent investigation as they each deem necessary and appropriate, the property interests herein and hereby exchanged are deemed by the parties to be of equivalent value. The parties covenant and agree to and with each other that no other consideration of any kind is due and that none has been promised to it by the other or by anyone else The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same conveyance, binding all of the parties hereto notwithstanding all of the parties are not signatory to the original or same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. jk\landldeed\inh\ExchCOHRomanCathOS3106 4 IN WITNESS WHEREOF, the said parties have hereunto executed these presents on this day of , 200_ COUNTY OF HAWAII APPROVED AS TO FORM AND CONTENT: By Its Mayor Deputy Corporation Counsel County of Hawaii Date: ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII By C~f~-~tze, /aL-l/`~ MOST REV. CLARENCE SILVA Its President jk\IandWecd\inh\EschCOHRomanCath053106 5 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this day of , 200 ,before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the instrument is the corporate seal of said COUNTY OF HAWAII; that the foregoing instrument was signed and sealed in behalf of said 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 (1991) as amended; and said HARRY KIM acknowledged said instnument to be the free act and deed of said COUNTY OF HAWAII. Notary Public State of Hawaii My commission expires: jkVand\deed\inh\ExchCOHRomanCath053106 STATE OF HAWAII ) SS: CITY AND COUNTY OF HONOLULU ) On this (o day of CTt,...,.._. , 2006 , before me personally appeazed CLARENCE SILVA, to me personally known, who, being by me duly sworn, did say that he is the President of the ROMAN CATHOLIC CHURCH IN THE STATE OF HAWAII, a Hawaii nonprofit corporation; and that the foregoing instrument was signed on behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged said instrument to be the free act and deed of said corporation. ~ _.'~~.y „ ._..r~~_ Notary Public State of Hawaii My commission expires: n 4~oS ~+8 jk\land~deed\inh\ExchCOHRomanCath053106 EXHIBIT A' All of that certain pazcel of land (being portion of the land(s) described in and covered by Land Patent Grant No. 13,641 to Richard Smart) situate, lying and being between Hawaii Belt Road and Kawaihae Road, at Waimea, District of South Kohala, Island and County of Hawaii, State of Hawaii, being a portion of the Crown Land of Waimea, same being a portion of Waikoloa Stream, and thus bounded and described: Beginning at a point at the southwest corner of this piece of land, being also the north comer of Grant 8571 to Mrs. Jennie C. Lovstad and the west corner of Grant 8005 to Thomas K. Nahiwa, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 2,342.24 feet south and 2,934.58 feet west, and running true azimuths measured clockwise from South: 1. 94° 04' 104.87 feet along Government land, along G. L. 3038 to Richazd Smart, crossing Waikoloa Stream, to a point; 2. 205° 37' 195.40 feet along Grant 8553 to the Protestant Episcopal Church in the Hawaii Islands; 3. 206° 28' 130.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 4. 247° 14' 70.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 5. 269° 26' 90.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 6. 323° 07' 75.00 feet along Grant 10324 to Roman Catholic Church in the State of Hawaii; 7. 350° 14' 129.85 feet along Grant 10,324 to Roman Catholic Church in the State of Hawaii; jk\land\deed\inh\ExchCOHRomanCath053106 g 8. 312° 16' 160.00 feet along Grant 10324 to the Roman Catholic Church in the State of Hawaii; 9. 338° 54' 50.34 feet along remainder of Grant 13641 to Richard Smart, crossing said Waikoloa Stream; 10. 90° 00' 80.00 feet along Grant 8005 to Thomas K. Nahiwa; 11. ~ 125° 00' 100.00 feet along Grant 8005 to Thomas K. Nahiwa; 12. 168° 00' 220.00 feet along Grant 8005 to Thomas K. Nahiwa; 13. 110° 00' 50.00 feet along Grant 8005 to Thomas K. Nahiwa; 14. 67° 00' 70.00 feet along Grant 8005 to Thomas K. Nahiwa; 15. 17° 14' 259.40 feet along Grant 8005 to Thomas K. Nahiwa to the point of beginning and containing an azea of 1.238 acres, more or less. Said above described parcel of land having been acquired by the County of Hawaii, a municipal corporation of the State of Hawaii, by Quitclaim Deed dated March 21, 2000, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2004- 167103. jk\land\deed\inh\ExchCOHRomanCath053106 9 EXHIBIT B Lot 13, Block 4 Waimea Homesteads, South Kohala, Hawaii Beginning at a pipe at fence corner at the Northwest comer of this lot, on the South side of Kawaihae Road (60 feet wide) and at the Northeast comer of Lot 12, Block 4 (Grant 8553 to the Protestant Episcopal Church in the Hawaiian Islands}, the coordinates of said point of beginning referred to Government Survey Triangulation Station "West Base" being 1,860.31 feet South and 2,916.12 feet West, as shown on Government Survey Registered Map 2575, and running by azimuths measured clockwise from true South: 1. 277° 30' 327.20 feet along the South side of Kawaihae Road to an imn bar at the Northwest corner of Grant 7224 to M. Lonohiwa; 2. 7° 30' 70.40 feet along Grant 7224 to M. Lonohiwa to an iron pin in angle of stonewall; 3. 338° 23' 30" 261.73 feet along stonewall and fence to a point, the azimuth and distance from said point to a pipe being 209° 32' 18.7 feet; 4. 29° 32' 106.50 feet along government land; 5. 132° 16' 160.00 feet along same; 6, 170° 14' 129.85 feet along same; 7. 143° 07' 75.00 feet along same; 8. 89° 26' 90.00 feet along same; 9. 67° 14' 70.00 feet along same; 10. 26° 28' 130.00 feet along same to an iron pipe pin at fence angle; jk\land\deed\inh\EzchCOHRomanCath053106 1 Q 11. 187° 30' 300.00 feet along fence along Lot 12, Block 4 (Grant 8553 to the Protestant Episcopal Church in the Hawaiian Islands) to the point of beginning, containing a gross azea of 86,164 squaze feet, excepting and excluding therefrom, the Parker Ranch pipeline right-of--way (3 feet wide) as described in Section 9 of Grant Deed, Territory of Hawaii to A. W. Carter, Trustee, dated Mag28, 1932, recorded in Book 1160 pages 470- 491 in the Bureau of Conveyances at Honolulu, the center line of which is described as follows: Beginning at a point on Course 5 of the description of Lot 13, Block 4, the azimuth and distance from the end of Course 4 to said point of beginning being: 132° 16' 98.0 feet and thence running along the center line 182° 00' 343.7 feet to the South side of Kawaihae Road and containing an azea of 1,031 squaze feet, LEAVING A NET AREA FOR LOT 13, BLOCK 4, ABOVE DESCRIBED, OF 85,133 SQUARE FEET. j kVandWced\inh\ExchCOH RomanCath053106 11 / ' o - o - w .oNU ul• i r~ WA/MBA PARR \ :t i pa 'i ~ ~ ze or. w.. i.~ ~~A ~I ROAD L.w. Y.•-h A NI.1~~ Iw~A IIMMiL I S IIA/ \ 1 I ~ ' ..vw..w ~ ~ c \r ~ 11 j ~ 1 ' = s,~af ~ , I.I. • ` .M../ © . • ~ [ ~ ~ u.~Yw 7'1 ~ I f ti 4 w..Iw.' ~I ~ ~ / Ir ~ ~o. ~ c ' ~ ° ~ ~ ' ~ ~f r'' ~s~ 'L ,f y'f~ s br / o ? 11 1 / 4! • ~ f ±r I( \ ~ ~ G 0 e . P 5` ~ ~ dI1Y\WFI p 11uTgll - Nese.rs.../ligsf fA »..+n.Iftiw,u ,r 1A3A7TOM MAI. .U.IAY R,.A... ,,...3 II.A > IY..II i v` ~ ux eur 1wIL fu.llu M~wt~--~ / _ _ NM i.. IyT . _ .a ..Al ..G.(.7Y T.]UTIOM .u..cau ~ 6 5 ~ 03 SUUIC'1 TO [MAMG. ~ YYI IM Ip Exhibit C .,~5 Y Yr'r r'r` r t~ s r, ~ ~8 .:.~~nS4MC4 'y y Y1a y O 4 i~ e F ? tY' r ~ ~n 7 'ld, 04~....... '~.J`r~9~,~~~ JOB '~A 52~~~g, 5.0 ~ " ez7zo'- - rv~`9" 90 0531 .,J3' 1 ml; t.. ^ ^S ~ .L '~1 04 I p O .y~, '10 219 a9i A9 3y° . ~qq'a ; ~ ~ s 5 c rv 12 1, ,INb i l \ q N rv U~ ! b i • / .$b: a .yo F ~ ~ ~ ~ Y- ois rv ry,~yti ~ W ~v J a`• ~ ~ ~ LOT 1-A ~ :5.007 ACRES ~ e~~~ ~ ~rh sw` ~ z 4' ~ p! ="AX~T; ~ o- J .c ~ ~ ...'fla:nre Snul w v Y• "'f _or .v pm ~V n G9ANf 3443 l'0 ~ rv n ~ ??r,',. M. NtGNA ~ I .b? .n' I 2.025.33 N "a ` , .r 1 n Jqs' 4,653.28 W Q1 v ' 'WEST BASE'. A........ ~ ...••.A..NI' 9374 1^ rv . n :r.RS.: YwE C:.:,TN7 v 52'15' ~ 420.00 M A M A L A H O A H I G H W A Y PLAN SHC'MNC F j L S/y/ THE CONSOLIDATION OF l0T 1 BEINC PORTIONS uolem OF GRANT 8005 TO THOMAS K. NAHIWA, GRANT 5443 TO H. AKONA, * „~,',,,a9O"e, caaNi 8574 TO MRS. UENNIE C. LOVSTAO, CRANi 8571 TO I ~ aar MRS. dENNIE C. LOVSTAD k CRANT 5-15,512 TO Y.Y. INC., LOT 13 BEfNG GRANT IOJ24 TO THE ROMAN CATHOLIC CHURCH IN THE TERRITORY CF HAWAB ANO '~"Mn l0T f BEINC GRANT 13,158 TO RICHARD SMART A.40 ThE RESUBOMSION GF SAtO CONSOl;0ATI0N ~ I i -r„ .c.a p..pr.e gay m. ,NTO LOTS 1-A, 1}-A AND E-I a uner my aaprwmcn. n ~NAIMEA, SOUTH KCHAIA, ISLAND Of HA'NAII, HA'NAII 1 RCBFA`'T•~i. ~:Mj ~RN~, P~SJ Survey and Plon by Islond Survey, Inc. slob el Hc.oJ Cwt. N•. ~3-5983 P.O. 8os 4215, Hilo, Hawcif >6T20 ~ICraa Gp+u eprl J0, 2C04 Jui 10 2002 Taz Mnp Key. fi-S-OW:002, 029 H 004 Exhibit D ~ v F'~f;' r Y ~ DESCRIPTION I i LOT 13 .4 Being Portions of Grant 13,158 to Richard Smart and Grant 10,324 to the Roman Catholic Church in the Territory of Hawaii Situated at Waimea, South Kohala, Island of Hawaii, Hawaii Beginning at the southwest corner of this pazcel of land, being also the initial point of Lot E-l, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 2,423.87 feet North and 5,213.88 feet West and running by azimuths measured clockwise from True South: 1. 187° 30' 300.00 feet along Lots 11-B-1 and I2-A; 2. 277° 30' 327.61 feet along the southerly side of Kawaihac Road; 3, '7° 2g' 70.73 feet along the remainder of Grant 7224 to M. Lonohiwa; 4. 338° 26' 30" 235.56 feet along the remainder of Grant 7224 to M. Lonohiwa; Thence along Lot E-1 for the next five (5) courses, the direct azimuths and distances between points being: 5. 29° 58' 15" 80.00 feet; 6. 114° 57' 156.63 feet along the northwest top bank and all its windings; 7. 145° 42' 10" 187.32 feet along the northwest top bank and all its windings; 8. 46° 27' 20" 179.73 feet along the northwest top bank and all its windings; 9. 106° 12' 30" 24.50 feet to the point of beginning and containing an azea of 2. I S I acres. rl+ ra ~~e.. y, . September 9, 2002 ~.`-.`-'"`r'~_~'' ISLAND SURVEY, INC. Hilo, Hawaii . ' ~ r...,. ~ ~ TMK:6-5-003:portions 004 & 029 ROBERT T. SHIRAI Licensed Professional Land Surveyor 5985 License expires 04/30/04 i I EXHIBIT E ISLAND SURVEY, INC. P,o.eozazis SURVEYOtt$ HILO, HAWAII 96720 ~"~r,~~w~ 'id I DESCRIPTION I I LOT E-1 ' Being Portions of Grant 8005 to Thomas K. Nahiwa, Grant 8571 to Mrs. Jennie C. Lovstad, Grant 5-13,158 to Richard Smart and Grant 10,324 to the Roman Catholic Church in the Territory of Hawaii Situated at Waimea, South Kohala, Island of Hawaii, Hawaii Beginning at the northwest comer of this parcel of land, being also the initial point of Lot 13-A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 2,423.87 feet North and 5,213.88 feet West and running by azimuths measured clockwise from True South: Thence along Lot 13-A for the next five (5) courses, the duect azimuths and distances between points being: 1. 286° 12' 30" 24.50 feet; 2. 226° 27' 20" 179.73 feet along the northwest top bank of stream and all its windings; 3. 325° 42' 10" 187.32 feet along the northwest top bank of stream and all its windings; 4. 294° 57' 156.63 feet along the northwest top bank of stream and all its windings; 5. 209° 58' 15" 80.00 feet; 6. 338° 26' 30" 25.54 feet along Grant 7224 to M. Lonohiwa; 7. 29° 58' 15" 108.22 feet along Grant 13,641 to Richard Smart; 8. 338° 12' 17.27 feet along Grant 13,641 to Richard Smart; Thence along Lot 1-A for the next seven (7) courses, the direct azimuths and distances between points being: I 9. 122° 25' S0" 152.44 feet along the centerline of stream and all its windings; I I EXHIBIT F - Page 1 of 2 ISLAND SURVEY, tNC. a.o.aoxazis $UitNE1'~R$ HILO. HAWAII %720 - L ~I Lot E-1 i 10. 114° 52' 30" 74.61 feet; 11. 17>° 19' 30" 100.00 feet; 12. 113° 58' 50.08 feet; i i I3. 77° 50' 52.05 feet; 14. 15° 00' 272.69 feet; o ~ 15. 39 40 120.97 feet; 16. 142° 15' 24.26 feet along the remainder of Grant 8571 to Mrs. Jennie C. Lovstad; j I 17.219° 40' 126.54 feet along Government Land; 18. 95° 16' 104.97 feet along Government Land; 19.205° 37' 195.40 feet along Lot 11-B-1 to the point of beginning and containing an azea of 1.149 acres. - : LSLAND SURVEY, INC. Scptcmber9,2002 ~ ~ . Hilo, xawaii ~ rx.-~:~ - TMK:6-5-003:portions OOZ, 004 & 029 ROBERT T. SHIRAI Licensed Professional Land Surveyor 5985 License expires 04/30/04 EXHIBIT F - Page 2 of 2 !BLAND SURVEY, INC. v.o.sozszis SURVEYORS HI~O, HAWAII %120 e,~p r . ~n rrv.'1/' ! `'y%~~•`~ o t~~-~ Buz 4• s~ 0 9 a ~ 5t ~ y0 7 .73.::.. / • m t~ ~ u; m ~ ~ al N u4 0 g" LOT 1-A ~ 6 s • ° ~ j :5.007 ACRES i<~ ~ ~ - ' u' GZ~ t."ti.641 l f ~ m w ...:N.':::: Y:Y:....... a Rienwd Smwt . yp~ + ...,C.iyC ::....................::.~R~, ~ own«: i ..N Yq+ ....^Ma ~N 4 ~ O ~ We.• r S i n rn s% ~ ( 2.023.33 N l; ~ ~ ~ n } ~ „T' 4,653.28 W m yY ~ 'WEST BASE. A... v ~}~t.' V ........34+M 9574 n. n {Np its` ~ ~ ~ II, ~ uAS..-~N4!F G. t:`!S:'iC t4 ~l l+ r al - -.-r..,_-~ ~ _ ~ _ _.5275'_.?---420:00---'-''----- ~-_r- MAMALAHOA ~HIGIiWkY PLAN SHOWING tr7l, ~ THE CONSOUOATiON OF LOT 1 BEING PORTIONS utwem OF GRANT 8003 TO i1i0MAS K. NAHIWA, GRANT 3443 TO H. AKONA, # u,4"1°'~ # GRANT 8574 10 MRS..RNNIE C. LOVSTAO, GRANT 8371 TO ~ x~ MRS JENNIE C. LOVSTAD R GRANT 5-15,312 TO Y.Y. INC., LOT iJ BEING GRANT 10324 TO 7HE ROMAN CATHOLIC CHURCH ,y*11 IN THE TERRITORY OF HAWAN AND LOT E BEING CRANT 17,138 10 RICHARD SMART Thh wwk woe pepwed Dy ma AND THE RESUBDINSION OF SAID CONSOUDA110N w undw my aupsNelan. INTO L0T5 1-A, 13-A AND E-1 WAIMEA, SOUTH KONALA, ISLAND OF HAWAtl. HAWAII 'xo9EnT T. 4NRN. Ply Survey and Plan by Nand Survey, Ina Statw e/ Hawx9 Cst. Nn LS-5915 P.O. Box 4215, Hto, Hawaii 96720 licwraw E~irwa ppA ]0, 2tIM Jul 10 2002 _ -Magoon-to County County o urc County to Magoon '~~Church to County CY1.11Py~'~ ` i