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PARTITION AND QUITCLAIM EXCHANGE DEED <br /> AND GRANT OF EASEMENT <br /> (In Lieu of Condemnation) <br /> THIS Partition and Quitclaim Exchange Deed and Grant of Easement (in Lieu of <br /> <br /> Condemnation) is made this day of , <br /> <br /> 200_, by and between the COUNTY OF HAWAII ("County" or "Grantor"), a <br /> municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, <br /> Hawaii 96720, and GEORGE A. MAGOON, II, ,whose address is <br /> 59-1591 Kohala Ranch Road, Kamuela, Hawaii 96743 ("Magoon" or "Grantee)." <br /> RECITALS <br /> 1. County was the owner of a pazcel of land which was a part of Land Patent <br /> Grant Number 13,641 to Richard Smart in Waimea, District of South Kohala, Island and <br /> County of Hawaii, State of Hawaii, which contained an azea of 1.238 acres, more or less, <br /> bearing Tax Map Key No. (3) 6-5-3: 4 as more specifically described in Exhibit A <br /> attached hereto and made a part hereof ("Lot E"). <br /> 2. Magoon was the owner of the pazcel of land adjacent to the south of Lot E, <br /> which parcel contained an azea of 5.068 acres, more or less, bearing Tax Map Key No. <br /> (3) 6-5-3: 2, as more specifically described in Exhibit B attached hereto and made a part <br /> hereof ("Lot 1 <br /> 3. The Roman Catholic Church in the State of Hawaii owned the pazcel of <br /> land which is adjacent to the north of Lot E which pazcel contained an area of 1.978 acre, <br /> more or less, bearing Tax Map Key No. (3) 6-5-3: 29 ("Lot 13"). <br /> 4. Lots E, 1 and 13 as described above are shown on the copy of the Tax <br /> Map attached hereto as Exhibit C and made a part hereof. <br /> jyk\land\inh\P&QExchDeedCOHMagoon040406 2 <br /> <br />