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HomeMy WebLinkAboutCOM 1122.001 2004-2006 PETITION REQUESTING INSTITUTION OF.VRFF D~R FOR ESTABLISHMENT OF DISTIT PURSUANT TO THE COMMUNITY FACILITIES DISTRICT CODE (CHAPTER 32 OF THE HAWAI't COUNTY;-XD ) 1. Bridge Aina Le'a, LLC, a Hawaii limited liability company ("Bridge") submits this Petition to the Council pursuant to Section 32-19 of the Hawaii County Code (the "Code"), and avers as follows: (a) Bridge respectfully requests that the Council institute the procedure to establish a Community Facilities District ("District") pursuant to Chapter 32 of the Code. (b) The boundaries of the territory which is proposed for inclusion in such District are shown on the map attached hereto as Exhibit A and made a part hereof for all purposes, and the legal description of such territory is set forth in Exhibit B attached hereto and made a part hereof for all purposes. (c) The type or types of facilities to be financed by the District are more particularly set forth in Exhibit C attached hereto and made a part hereof for all purposes. (d) Bridge certifies that it is the owner of one hundred percent (100%) of the area of land proposed to be included within the proposed District, and that there are no lessees for the land to be included within the proposed District. 2. Bridge respectfully requests that the Council determine, pursuant to Section 32- 24 of the Code, that it is unnecessary to provide notice of hearing or to conduct a public hearing under said Chapter 32, and Bridge hereby expressly consents to the waiver of such notice and hearing. Bridge shall conduct a public informational workshop and provide a report to the Council prior to the adoption by the Council of an Ordinance of Formation establishing the District. 3. Bridge hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Code and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the formation of the District shall be invalidated or affected by any such irregularity, error, mistake or departure. Comm. NO. Ref. To: Ref. Date OCT 0 3 506 Brid~e.001 IN WITNESS WHEREOF, the undersigned has executed these presents on this 21,-A day of ycb~ , 2006 BRIDGE AINA LE'A LLC, a Hawaii limited liability company By Name: oo ac ~~7° Title: Q~ tom, zu~ ~-c~ Filed in the Office of the Clerk of the Council of the County of Hawaii on this 3P4 day of OG*-o be , 2006 Clerk of the Council of the County of Hawaii Bridge.002 Exhibit A I i - \ I lO - 7/1/j~e p v e % V k w ~ ~ I ,I 9 < 'I Jr s~ - _ 1 3 1 ' y 4 b C 1 I / -J = T ~ w X a o 3 SredgeM2 Exhibit B ITEM 1: (COMMERCIAL PARCELS) PARCEL FIRST: (LOT C-1) TMK (3) 6-8-001-025 ALL OF "CHAT CERTAIN PARCEL OF LAND (BEING PORTION(S) OF THE LAND(S) DESCRIBED IN AND COVERED BY ROYAL PATENT NUMBER 5671, LAND COMMISSION AWARD NUMBER 8521-B, APANA I TO G.D. HUEU) SITUATE, LYING AND BEING AT WAIKOLOA, SOUTH KOIIALA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, DESCRIBED AS FOLLOWS: LOT "C-1", AS SHOWN ON FILE PLAN NO. 1919, AS AIYIENDED BY OWNERS AFFIDAVIT FOR THE AMENDMENT OF FILE. PLAN NO. 1919, DATED JANUARY 17, 2006, RECORDED JANUARY 20, 2006, AS DOCUMENT NO 2006-012590, TO WHICH IS ATTACHED SURVEYOR'S AFFIDAVIT DATED DECEMBER 7, 2005, RECORDED DECEMBER 13, 2005, AS DOCUMENT NO 2005-253830. (ANT) IF AMENDED WILL ADD (ANT) AMENDED BY INSTRUMENT DATED RECORDED AS DOCUMENT NO. AND THUS BOUNDED AND DESCRIBED, TO WIT BEGINNING AT THE NORTHWEST CORNER OF THIS PARCEL. OF LAND, BEING ALSO THE SOUTHWEST CORNER OF LOT E-I, BEING A PORTION OF R P- 5671, L. C. AW_ 8521-B, AP 1 TO G. D- HUEU, THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT' SURVEY TRIANGULATION STATION "PUU IIINAI" BEING 11,496.20 FEET NORTH AND 21,131.44 FEET WEST AND TIIF,NCE RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH: 1 2710 08' 0.72 FEET ALONG LOT E-1, BEING A PORTION OF R. R 5671, L_ C. AW. 8521-B, AP 1 TO G. D. HUEU; ITIFNCE ALONG LOTS E-1 AND B-1, BEING PORTIONS OF R. R 5671, L. C AW- 8521-B, AP. I TO G D IIUEU ON A CURVE TO TILE RIGI IT WI"III A RADII JS OF 785.00 FEET, THE CHORD AZIMUTH AND DISTANCE BEING 45' 30- 799.79 FEET; '01' 3 3320 23' 493.00 FEET ALONG LOT B-1, BEING A PORTION OF R_ P 5671, L_ C AW. 8521-B, AP. I TO G D- HUEU, 4 THENCE ALONG LOT B-l, BEING A PORTION OF R P 5671, L C 3W 852I-B, AP I TO G D- 19 TU_ ON A CURVE TO THE LEFT WITH A RADIUS OF 650.00 FEET, THE CHORD AZIMUTH AND DISTANCE BEING 3290 49' 58.22 FEET, 5 57° 15' 50.00 FEET ALONG LOT A-l, BEING A PORTION OF R P. 5671, I. C_ AW. 8521-B, AP- I TO G R I IUEU; 6 810 55' 221.21 FEET ALONG LOT A-l, BEING A PORTION OF R P 5671, L C AW 8521-B, AP I TO G. D. IIULU, Bridge. (X)2 7 54° 50' 121.90 FEET ALONG LOT A-1, HF,LNG A PORTION OF R_ P_ 5671, L. C_ AW. 8521-B, AR 1 TO G. D. HUEU, 8. 130° 27' 30" 74.00 FEET ALONG LOT A-1, BEING A PORTION OF R. P. 5671, L. C. AW 8521-B, AR 1 TO G D. HUF.U, 9. 81° 55' 335.00 FEET Al.ONG LOI A-L BEING A PORTION OF R P_ 5671, L. C. AW. 8521-B, AP. 1 '10 G. D- HEJF.U, 10 103° 28' 401.60 FEET ALONG LOT A- 1, BEING A PORTION OF R P. 5671, L. C. AW. 8521-B, AP. 1 TO G- D. HUED; IL 127° 38' 30" 558.00 DEFT ALONG LOT A-1, BEING A PORTION OF R. P 5671, L. C. AW. 8521-13, AP. 1 TO G. D. HUFUt R. TIIENCE ALONG LOT A-l, BEING A PORTION OF R. P. 5671, L. C. AW. 8521-B, AP. 1 TO G. D. HUEU, ON A CURVE '1'0 THE LEFT WITH A RADIUS OF 24,020.35 FEET, THE CHORD AZIMUTH AND DISTANCE BEING: 226° 54' 1 5" 879 99 FEET TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 23.305 ACRES, MORE OR LESS. $ Bridge.002 PARCEL SECOND: (LOT E-11 TNIK (3) 6-8-001-036 ALL OF THAT CE:RIAIN PARCEL OF LAND (BEING PORTION(S) OF PHI{ LAND(S) DESCPlM:D IN AND COVERED BY ROYAL PATE NF MJMI3F.R 5671, LAND COMMISSION AWARD NUMBER 8521-B, A DANA I TO Oil) HUFUJ SITUA"IE, LYING AND BEING AT WAIKOLOA, SOUTH KOIIALA, ISLAND AND COUNTY OF I IAWAIL STATE OF HAWAII, DESCRIBED AS FOLLOWS. LOT 'E-1", AS SHOWN ON FILE PLAN NO. 1919, AS AMENDED BY OWNER'S AFFIDAVIT FOR THE AMRNDMINF OF FLL.L: PLAN NO. 1919, DATED JANUARY 17, 2006, RECORDED JANUARY 20, 2006, AS DOCUMENT NO. 2006-012590, 'FO WHICH IS ATTACHED SURVEYOR'S AFFIDAVIT DATED DFCEMBER 7- 2005, RECOkDFD DECEMBER 13, 2005, AS DOCUMENT NO 2005-253830, (AND IF AMENDED WILL ADD (AND AMENDED BY INSIRUNIENT DATED RECORDED AS D(1CLMENT NO &ND'I'I lUS I3OUNDCD AND DESCRMED, TU WIT' BEGINNING AT THIS SOUTHWEST CORNER OF 'IRIS PARCEL OF LAND, BEING ALSO THE NORTHWEST CORNER OF LOT C-1. BEING A PORTION OF R P. 5671,1-C A W 8521-13, AP- I TOG D. HUFU, TILE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "Pill) NINA]" BEING 11,496.20 FEET NORTH AND 21,131 44 FEE-I' WEST AND NIFNCE RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH- 1- ALONG LOT B I, BEING A PORTION OF R. P. 5671, 1.- C_ AW 8521-13, AP_ I To G D- HLIEU, ON A CURVE. 'TO THE L1'FT WITH A RADIUS OF 24.070 3), THE CHORD AZIMUTH AND DISTANCE BEING. 225' 09- 03 58691 FEET, 2 344' 25 224.65 FEET ALONG LOT B-1. BEIIJG A PORTION OF R. R 5671, L_ C AW. 852 LB- AP. I TO (i D HUFTJ, 3- 329' IS 293.01 FEET ALONG LOT B-I-BEING A PORTION OF R_ P. 567E L C AW. S521-B, AP" I TO G D P-Mli, l' 41' IG 186"96 FEET ALONG LOT B-1, BEING A PORTION OF R. P_ 5671, L- C AW_ 8521-B, AP I I O G G. D HIJEU_ 5 THENCE ALONG LOT C-1- BEINO A PORTION OF R P 5671, L C AW 5521-13, AP 1 TOG D 1MH11, ON A CURVE IO ME LNI I W1TIf A RADIUS OF 785.00, THE CHORD A7.IMlJCH AND DIS DANCE BL:ING- 111° 12' 5;869 FEF'I', 6 91° 08 17.72 FEEL ALONG LOI C-1. REIN(. A PORTION OF R P 5671. L C AW 8521$, AP_ 1 TO G D. HlTiJ T() 1111 POINT OF BEGINNQdG AND CON1-AINiX0 ..-V1 ,\-RI-,1 (%F 3 7ii .ACR=S MORE OR LESS. 6 Bridgc.002 TOGETHER WITH EASEMENT "A-1", FOR ACCESS AND UTILITY PURPOSLS, AS SHOWN ON FILE PLAN NO 1919, AS AMENDED BY OWNER'S AFFIDAVIT FOR THE AMENDMENI OF FILE PLAN NO 1919, DATED JANUARY 17, 2006, RECORDED JANUARY 20. 2006, AS DOCUMENT NO 20064)1259Q TO WHICH 1S ATTACHED SHRVFYOR'S AFFIDAVIT DATED DECEMBER 7, 2005, RECORDED DECEMBER 13, 2005 AS DOCUMENT NO. 2005-253830. (AND IF AMENDED WILL ADD (AND AMENDED BY INSTRUMENT DATED RFCORDFD AS DOCUMENT NO AND THUS BOUNDED AND DESCRIBED. TO WIT BEGINNING AT Till; NORTHWTSF CORNER OF THIS EASEMENT, THE COORDINATES OF SAID POINT OP BEGINNING REFERRED TO GOVERNMENT STTRVIfY TRIANGULATION STATION "PUU ITINAF BEING 1191324 PF:L"I NORTH AND 22,43783 FEET WEST AND THENCE,, RUNNING BY AZIMUTHS N4EASTJRED CLOCKWISE FROM TRUE SOUTH I. ALONG CHE SOUTH SIDF OF QUEEN KAAITWANU HIGHWAY, ON A CURVE TO THE LEFT WITH A RADIUS OF 22,82035 FEF IF 711E CHORD AZLtlA, 1 IL AND DIS'I'ANCF. BEING. 227° 20' 59" 100.02 1 LET. 317° 21' 254.71 F6:EF; TI IENCF ON A CURVE TO THE LET WITH A RADIUS OF 735 00 FEE, 1, THE CH0121) A7[MUI'11 AND DISTANCE BEING: 294° 14' 30" 576.93 FFF.F; 4 271° 08 53600 FELT, TllI:NCE ON A CI'RVF. TO THE RIGHT WITI1 A RADIUS OF 835.00 FEET, THE Cl IORD MTMUIIT AM) DISTANCE BEING 301° 45 30" 830.73 FEET_ 332° 493.00 FEET. 7 THI`:NCF ON A CURVI: TO TFllf LEFT W7TH A RADIUS OF 60000 FEET, TFIE CHORD AZNIITI'H AND DISTANCE BEING 1291, 19' 5374 FEET, 8 57° 1i' 10.00 FEET, I'III N I ON A CCIRVF: TO THE LF1 I W1 111 A RADIUS 01; F, lit n0 FF I 11111; ( 'I TORT) A7.IM11111 D DISTANCE N IN't '77° 13- 90711 TEET, P) 11 5000 FEEF' 7 Bi idge.002 I I THENCE ON A CURVE TO IT IF RIGHT WITH A RADIUS OI 690 00 FRET, TILE CHORD AZINIU'LLL AND DISTANCE BEING 99' 13' 1,026.08 FEED, 57° 15' 10.00 FEET; 11 _ THENCE ON A CURVL? '1'O THE RIGHT WITH A RADIUS OF 70000 FEET, TILE CHORD A71NMH AND DISTANCE BEING 149' 49' 62 70 FEE 1, 14 152° 23' 493 00 FEET, I5 HIENCE ON A CURVE '1'0 THE LEFT WITH A RADIC, OF 735.00 FEET, TFFE CIIORD AZIIvMH AND DISTANCE BEING - 121° 45' 30'- 748.84 FEET, 16 91 ° 08' 536 00 FEET', 17 "1 HENCE ON A CURVE TO THE. RIGHT WITH A RADIUS Ol' 83500 FEET, TI IE CHORD AZIMUTH AND DISTANCE BEING: 114° 14' 30" 655.43 FEET, IR 137° 21' 254.71 FEET TO THE POINI OF BEGINNING AND CONTAINING AN AREA OF 8 462 ACRES. MORE. OR ITSS g Bri0ge"002 ITEM II: (RESIDENTIAL PARCELS) PARCEL FIRST: (LOT B-1) TMK (3) 6-8-001-038 FALL OF THAT CERTAIN PARCEL OF LAND (BEING FOR "I ION(S) OF THE LAND(S) DESCRIBED IN AND COVERED BY ROYAL PATENT NUMBER 5671, LAND COMMISSION AWARD NUMBER 8521-B, APANA 1 TO G.D. HUEU) SITUATE, LYING AND BEING AT WAIKOLOA, SOUTH KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, DESCRIBED AS FOLLOWS. LOT B-1", AS SHOWN ON FILE PLAN NO. 1919, AS AMENDED BY OWNER'S AFFIDAVIT FOR THE AMENDMENT OF FILE PLAN NO. 1919, DATED JANUARY 17, 2006, RECORDED JANUARY 20, 2006, AS DOCUMENT NO. 2006-012590, TO WHICH IS ATTACHED SURVEYOR'S AFFIDAVIT DATED DECEMBER 7, 2005, RECORDED DECEMRFR 13, 2005, AS DOCUMENT NO. 2005-253830. (AND IF AMENDED WILL ADD (AND AMENDED BY INSTRCJMFNT DATF"D "l, RECORDED t", AS DOCUMENT NO. ---),AND THIJS 1301 WDED AND DESCRIBED, TO WIT: BEGINNING Al' THE, NORTHWEST CORNER OF THIS PARCEL OF LAND, BEING ALSO THE NORTHEASTERLY CORNER OF LOT A-1, BEING A PORTION OF R. P. 5671, L. C. AW 8521-13, AP. 1 TO G- D. IIUEU AND ALSO ALONG THE SOUTHEAST SIDE OF QUEEN KAAHIJMANU HIGHWAY, THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNI\4ENF SURVEY "IRIANOtTLATION STATION "PUU HFNAI" BEING 11,947.09 FEET NORTH AND 22,401.00 FEET WEST ivND THENCE RUNNING BY AZIMUTHS MEASURED CLOCKWISE, FROM TRUE SOUTH I ALONG THE SOIJTH SIDE. OF QUEEN KAAJIUMANU HIGHWAY, ON A CURVE TO THE LEFT WITH A RADIUS DF 22,820 35 FEET, THE CHORD AZIMUTH AND DISTANCE BRING- 225° IT 49.5' 1,608.21 FEET, 313° 19, 40" 20 00 FEET ALONG THE SOU"I HEAST SIDE OF QUEEN KAA} IJMANU HIGHWAY, UIENCE ALONG T111; SOUTHEAST SIDE OF QUEEN KAAHUMANU HIGHWAY, ON A CURVE TO TI IF LEFT WITH A RADIUS OF 22,840.35 FEET, THE CHORD AZIMUFH AND DISTANCE BEING: 221° 40' 13" 1.308.02 FEE 1, 1 130° 01' 46" 2000 FEEL' ALONG THE, S0iJl11EASI' SIDE OF QUEEN KAAHUMANU HIG H W A Y, THENCE ALONG TFIE SOUI'IiFAST SIDE OF QUEEN KAAHUMANU HIGHWAY, ON A CURVE TO 111E LEFT WITH A RADIUS OF 22820 35 FEET, THE CHORD AZ1MU'FH A'VD DISTANCE BEING. 216° 18' 01' 2,96848 FEET; 9 Bridge"002 6- 212° 34' 16" 1,789,14 FEET ALONG THE SOUTHEAST SIDE OF QUEEN KAAHUMANU HIGHWAY; 7 302° 34' 16" 2,153.80 FEET ALONG LOT F-1, BEING A PORTION OF R.Y. 5671, L. C. AW. 8521-B, APA TO G. D. MJF,IJ; 8. 26° 05' 1,004.43 FEET ALONG LOT F-1, BEING A PORTION OF R.P- 5671,L C. AW. 8521-B, AP 1 '1'0 G D_ I TUEU, 9- 291° 13' 804.01 I'EEI ALONG LOT F-1, BEING A PORTION OF R-P_ 5671, L. C. AW. 8521-B, AP I TO G_ D_ HUEU; W 323° 23' 567 00 FEEL ALONG LOf F-1, BEING A PORTION OF R-P- 5671, L C AW 8521-8, AP I To G D HUEIJ, I 1 340° 51' 177.00 FEET ALONG LOT F-1, BEING A PORTION OF R.P. 5671, L. C AW. 8521-B, AP I TO G. D- HUEU; 11 289° 32' 201.83 FEET ALONG LOT F-l, BEING A PORTION OF RP. 5671, L. C_ AW. 8521-B, AP, I TO G. D. HUEU, 13- 06' 836.46 FRET ALONG LOT D-1, BEING A PORTION OF R.P. 5671, L- C. AW. 8521-13, AP I TO G. D. ITUEU; 14 THENCE ALONG LOT D-1, BEING A PORTION OF R. P. 5671, L. C. AW 8521-B, AP. I TO G_ D- HUEU, ON A CURVE TO THE RIGHT WITH A RADIUS OF 555.00 FEET, HIE, CHORD AZIMUTH AND DISTANCE BEING. 38° 00' 30" 553.46 FEET, i5 670 55' 84.67 FEET ALONG LOT D-1. BEING A POR'T'ION OF R.P_ 5671, L C. AW.8521-B-AP _ITOG D_FIUHU; 16 THENCE. ALONG LOT D-1, BEING A PORTION OF R P- 5671, L C AW. 8521-B, AP_ I TO G- D. FNEIJ_ ON A CURVE 10 "l HE LEFT WITH A RADIUS OF 800 00 FEET,'IHE C[[ORD AZIMLff[I AND DISTANCE BEING' 57° 14' 296.61 DUET; 17 46" 33' 61.00 FELT ALONG LOT D-1, BEING A PORTION OF R.P. 5671, L. C_ AW_ 8521-13, AP-1 TO G D IRJEU, 18- 'ff[ENCE ALONG LOT D-1, BEING A PORTION OF R P. 5671, L. C. AW. 8521-B, AP- 1 TO G. D. HUEU, ON A CURVE TO THE RIGHT WITH A RADIUS OP 1,60000 F'EEI', THE CHORD AZIMUTH AND DISTANCE BEING 56° 05- 307- 530.45 FFF 1, 10 Brid-c.002 19- 650 38' 183.00 FEET ALONG LOT D-1, BEING A PORTION OF' R. P- :671,1-C . AW- 8521-B, AP. 1 TO G. D- HiJEU, 20- THENCE ALONG LOT D-I, BEING A PORTION OF R- P. 5671, L- C AW. 8521-B, AP- I TO G D- HUEU, ON A CURVE TO THE LEFT WITH A RADIUS OF 350.00 FFET. -1 HE CHORD AZIMUTH AND DISTANCE BEING: 290 25' 413 59 FELT, 21 353° 12' 121,00 FEET ALONG LOT D-1, BEING A PORTION OF R P- 5671, L C. AW- 8521-B, AP. I TO G. D. I11-M 22 1'HENC:E ALONG LOT D-1, BEING A PORTION OF R P- 5671, L- C- AW. 8521-13, AP. I TO G. D- HUEU, ON A CURVE TO THE RIGHT WITH A RADIUS OF 400-00 FEET, TI-IE CHORD A7,110 FILL AND DISTANCE BEING: 230 18' 30" 40131 FEET, 23, 530 25' 60.00 FEET ALONG LOT D-1, BEING A PORTION OF R. P. 5671, L. C. AW- 8S21-13-AP. 1 TOG D. HUFU, 24. THENCE ALONG LOT D-1, BEING A PORTION OF R P. 5671, L C- AW. 8521-13, AP. I TO G. D. I-AJI'.U, ON A CURVE 10 THE LEFT WITH A RADIUS OF 2,060-00 FEET, THE CI10RD AZIMUTH AND DISTANCE BELNG 500 48' 30" 182.03 FE1'.1', 25- 480 12' 200.00 FEET ALONG LOT D-1, BEING A PORTION OF R. P- 5671. L. C. AW 8521-B, AP- I TO G. D. HUEU, 26- TIIENCE ALONG LOT D-1, BEING A PORTION OF R. P 5671, L. C. AW 8521-B, AP- I TO G- 1) IIUEU, ON A CURVE TO 711E RIGITI WITH A RADIUS OF 1 500 00 FEED, THE CHORD AZIMUTH AND DISTANCE. BEING. 5" N 30' 228 85 FE-F], 27- 560 57' 430.00 FEET ALONG LOT D- 1, BEING A PORTION OF R. P- 5671 - I_ C AW 8521-B, AI' 1 10 6 D HUFU, 2S -IM;NCE ALONG LO'l D - I , BEING A PORTION OF R- P. 5671, L C AW- 8521-B, AP- 1 'IO G. D IIUEU, ON A CURVE. TO TILE LEFT WITH A RADIUS OF 2,00000 FELT. THE CHORD AZIMUTH AND DISTANCE BEING 510 25' 30" 385 12 FEL I_ Bridgc.002 29_ 45° 54' 120-00 FEET ALONG LOI' D-I, BEING A PORT ION OF R P. 5671, L. C. AW. 8521-B, AP. 1 TO G. D- HUEU, 30. THENCE ALONG LOT D-1, BEING A PORTION OF R. P. 5671, L. C_ AW. 8521-B, AP- 1 TO G. D H1T.U, ON A CURVE TO THE, RIGHT WITH A RADIUS OF 650 00 FEET, THE CHORD A7_IMUTH AND DISTANCE BEING. 54° 14' 30" 188.60 FEET, 31 62° 35' 474.00 FEET ALONG LOT D-1 BEING A PORTION OF R. P. 5671 L C. AW 8521-8; AP 1 TO G. D. HISEU, 32. 'THENCE ALONG LOT D-I, BEING A PORTION OF R. P. 5671, L. C. AW 8521-B, AP 1 10 G D- HUEU, ON A CURVE' TO THE, LEFT WITH A RADIUS OF 3,00000 FEE I, THE CHORD AZIMUTH AND DISTANCE BEING. 56° 53' 59592 FEET, 33. 51° 11' 198.00 FEET ALONG LOT D-1 BEING A PORTION OF R P. 5671, L. C AW. 8521-B, AP_ I TO G. D_ IfUIiU, 34. THENCE ALONG LOTS D-l, A-1 AND C-1, BEING PORTIONS OF R_ P. 5671, L. CAW 8521-B, AP- I TO G. D HIJEU, ON A CURVE TO THE RIGHT WITH A RADII TS OF 650.00 FEET, THE CHORD AZIMUTH AND DISTANCE. BEING. 101° 47- 1,00455 FEET; 35 152° 23- 493 00 PELT ALONG LOT C-1, BEING A PORTION OF R. P 5671, L. C'_ AW 8521-B, AF' I I O G D HUFiU, 16 THENCE ALONG I.OT C- 1, BEING A PORI ION OF R. P. 3671, L. C. AW_ 8521-B, AY- 1 TO G D. HI1EU, ON A CURVE TO 'IT IF LEFT WITH A RADIUS OF 785.00 FBEl'_ THE CHORD A7.[MUTH AND DISTANCE BEING: 141 ° 49' 10'" 287 68 FEE,1 , 7 221° 16' 186.96 FEET ALONG LO'T E-1. BRING A PORTION OF R P_ 5671, L. C AW 8521-B, AP I TO G. D_ HUEU, 38 149° 15 293 01 FACT AD)N'G :-()'T E-1 BI?ING A POR FIONOF R 1' 5671. L C AW 8521-B,A' I'TOI; D HUEU; 39- 164° 25 224 65 I'FE"F ALONG LU T E-1, HEING A FORT ION OF R P- 5671, L_ C AW 8521-B, AP I TO G- D I-IUHi r, 12 Bridge.002 J(). THENCE ALONG LOT E-1, BEING A PORTION OF R. P 5671, L. C- AW- 8521-B, AP_ I TO G- D_ HUEU, ON A CURVE TO THE RIGHT WITH A RADIUS OF 24,02035 FEET, THE CHORD AZFMLITH AND DISTANCE BEING: 45° - 09' 03" 586.91 FEET: 41. 91° 08' 535.28 FEET ALONG LOT A-1, BEING A PORTION OF R. R 5671, L C AW. 8521-B, AP_ I TO G_ D IIIIEU, d2 THENCE ALONG LOT A-1, BEING A PORI-ION OF R P. 5671, 1,- C AW. 8521-B, AR I TO G. D. HIJF.U, ON A CURVE TO THE RIGHT WITH A RADII IS OF 785 00 FEET. THE CHORD AZIMUFH AND DISI ANCE BEING. 114° 14' 30" 616.18 FF.F.T_ 43. 1370 21' 254 66 FEET ALONG LOT A-1, BEING A PORTION OF R_ P 5671, L. C AW_ 8521-B, AP. I TO G- D- HUEU TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 621.127 ACRES, MORE OR LESS. 13 Bridgc.002 PARCEL SECOND: (LOT D-1) TMK (3) 6-8-001-039 ALL OF THAT CERTAIN PARCEL OF LAND (BEING PORTION(S) OF THE LAND(S) DESCRIBED N AND COVERED BY ROYAL PATENT NUMBER 5671, LAND COMMISSION AWARD NUMBER 8521-B, APANA I TO G.D- FFUFU) SITUATE, LYING AND BEING AT WAIKOLOA, SOUTH KOHALA, ISLAND AND C'01;NTY OF HAWAII, STATF OF HAWAII, DESCRIBED AS FOLI.OWS LOT -`D-1", AS SHOWN ON FILE PLAN NO 1919, AS AMENDED BY OWNER'S AF-FIDAVLF FOR THE AMENDNIEN"r OF FrLF. PLAN NO 1919- DA"IE:D JANUARY 17, 2006, RECORDED JANUARY 20, 2006, AS DOCUMENT NO 2006-0 1 2 5 90, TO WHICH IS ATTACHED SURVEYOR'S AFFIDAVH DATED DECEMBER 7, 2005, RECORDED DECEMBER 13, 2001, AS DOCUMENT NO 2005-253530 (AND IF AMENDED WILL ADD (AND AMENDED BY NSrRUNIENT DATED ° , RECORDED ° , AS DOCUMF,NI NO AND THUS B(A-NDED AND DESCRIBED, TO WIT. BEGINNING AT 'lilt; SOIfIHWES'C CORNER 01 THIS PARCEL OF LAND, BEING ALSO THE SOUTH CORNER OF LOr B-1, BEING A PORTION OP R P. 5671, L. C. AW. 8521-B, AR I TO G. D. HUFF. THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRLANGULATION STATION `PUU HNAI' BEING 10,332.75 F'EE'T NORTH AND 19,878 82 FEET WEST AND THENCE RUNNING BY A7.IMUTHS MEASURED CLOCK WISE FROM TRUE SOUTH I ALONG LOT B-I, BEING A PORT ION OF R- R 5671, L C AW. 8521-B, AP- ]'TO G D- HUlU, ON A CURVE 'l'O THE LEFT WITH A RADIUS OF 650.00 FEET, THE CHORD AZIMU'I'I It AND DISTANCE BEING 261 ° 04' 34" 647 89 FEET; 2 '_31° 1 1 19S00 FEE FI 3 THENCE ALONG LOT B-L BEING A PORTION OF R P. 5671,L - C- AW 8521-B, AP I TO CT D. HUFIJ, ON A CURVE TO If-1E RIGHT Wild A RADIUS 01: 3,000 0 FFF.T, TIE CHORD AZIMUTH AND Df.S""LANCE BEING. 236° 53' 59592 FEET, 4. 242' 35' 474-00 FFFI ALONG LO'r 13-I, BEING A 1'ORT[ON OF R. P- 3671, L C. AW 8521-R. AP- I T O G D HITF.Ut 5 THENCI; ALONG LO"r B-L BEING A PORTION OF R P- 5671, L. C. AW SS' I-B, AP. I -10 G 1) HIJFU, ON A CURVE TO TILE LEFT WITH A RADIUS OF 65009 FEET, 'r1IE CHORD AZIMUTH AND D1S TANCE BEING. 231' 14' ar 198 6u I I FT0 225" 54 " 12,j VU FEcT i~LUioG LOT B-I. BFNG A 1'ORT:GN OP R P 1, , A W X521-13, AP I TU G- D H1JGU, 14 Bridge.002 7 THENCE ALONG LOT B-l, BENG A PORTION OF R P 5671, L C. AW. 8521-B, AP. I TO G. D. HUEU, ON A CURVE TO THE RIGH"r WITH A RADIUS OF 2,000.00 FEET, THE CHORD AZIMUTH AND DISTANCE BEING: 231° 25' 30" 385.12 FEET, 8. 2360 57' 430 00 FEET ALONG LOT B-1, BEING A PORTION OF R_ P 5671, I,- C_ AW. 8521-B, AP. 1 TO G. D_ INEU, 9- THENCE ALONG LOT B-1, BEING A PORTION OF R. P. 5671, L- C AW. 8521-B, AR 1 TO G. D. IIUEU, ON A CURVE TO 11 IF LEFT WITH A RADIUS OF 1,50000 FEET, THE CHORD AZIMUTH AND DISTANCE. BEING. 232° 34' 30' 228.85 FEET, 10 228° 12' 200.00 FEET ALONG LOT B-L BEING A PORTION OF R- P- 5671, L. C. AW. 8521-B, AP- 1 TO G_ D. HUEU; I I_ THENCE. ALONG LOT B-1, BEING A PORTION OF R. R 5671, L. C. AW. 8521-B, AP- 1 'r0 G. D. IIUELJ, ON A CURVE TO "['HE RIGHT WITH A RADIUS OF 2,000.00 FEET, THE CHORD AZIMUTH AND DISTANCE BEING: 230° 48' 30" 182.03 FEET, 1 2 233° 25' 60.00 FEET ALONG LOT B-L BEING A PORTION OF R_ P_ 5671, L. C. AW- 852I-B, AP- I TO G_ D I IUEU; 13. '111ENCE ALONG LOT B-I, BEING A PORTION OF R P- 5671, 1, C AW. 8521-B, Al' 1 '10 G. D. HUEU. ON A CURVE TO THE LEFT WITH A RADIUS OF 400.00 FEET,'rliE CHORD AZIMUTH AND DISTANCH BEING 203' 18' 30` 40131 FEE "I 11 173° 12' 121 00 FEET ALONG LOT B-1, BEING A PORTION 01 R P_ 5671, L C AW 8521-B, AP. 1 TO G. D- I IUEU, 15 1HENCE ALONG LOT i3-1, BEING A PORTION OF R- P_ 5671, L C_ AR' 8521-13, AP. I TO G D Lil 11% ON A CLIRVIi "10 THE RIGH1 Wr[Il A RN)I11y OF 350.00 FEET, THE CHORD AZIMII"rH AND D[S I ANCF. 13F.ING_ 413.59 FEET, 209° 25 16- 245° 3R 183 00 FEET ALONG LOT 13-1_ BEING A PORTION OF R. P. 5671, 1. C AW 8521-13, AP_ I TO G. D. HUEU, 15 Bri4c.002 17_ THENCE ALONG LO"F B-1, BEING A PORTION OF R P 5671, L C AW_ 8521-B, AP 1 TO G. D. FIUEU, ON A CURVE TO THE LEFT WITH A RADIUS OF 1,600.00 FEET, THE CHORD AZIMUTH AND DISTANCE BEING 236° 05' 30" 53045 FEET, 18. 226° 33' 61.00 FFF.T ALONG LOT B-1, BEING APORTION OF R P. 5671, L- C_ A W 8521-B, AP. I TO G- D, HUEU, 19 THENCE ALONG LOT R- I, BEING A PORTION OF R P_ 5671, L. C. AW_ 8521-B, AP_ 1 TO G D. HUEU, ON A CURVE TO THE RIGEII' WITH A RADIUS OF 800 00 FEET, TIIF CHORD AZIMUTH AND DISTANCE BEING. 237° Id- 296 61 FEET, 20 2470 55 84.67 FEET ALONG LOT B-1, BEING A PORTION OF R. P 5671, L- C AW. 8521-B, AP. 1 1'O G. D. MJIiU, 21 THENCE ALONG LOT B - I, BEING A PORTION OF R_ P_ 5671, L- C. AW. 8521-8, AP- 17-O G. D- I IIJEU, ON A CUP VE 'I'O TI IE LEFF WITH A RADIUS OF 555.00 FEET, THE CHORD AZIMUTI I AND DISTANCE BE. ING_ 218° 00, 30" 553.46 FEET, 22 188° OG 87646 FEET ALONG LOT B-1, BEING A PORTION OF R_ P. 5671, L C. AW_ 8521-13, AR I TOG _ D. I-IUEU, 23. 289' 32' 6117 FEET ALONG LOT F-I, BEING A PORTION OF R P 5671, I,. C. AW- 8521-B, AP 1 'FO G- D_ HUEU, 24 185° 7' t9700 FEET ALONG LOT F-1, BEING A PORTION OP R. P 5671,L - C. AW. 8521-B, AP_ I TO G- D HUEU; 25. 253' 57 16800 FEET' ALONG LO'F F-I, BEING A PORTION OF R. P. 5671, L C AW. 8521-B, AP_ I TO G_ D HUF1J, 26 302' 34, 391 00 FEET ALONG LOT GI, BEING A PORTION OF R P_ 5671, L C AW_ 8521-B, AP. i TO G D I Il-iHU. '7 -,1,- 12' 484 00 PEEL ALONG LOT F-L, BFING A PORI i( ~N nP R P ~F,71, I. C AW_ 8521-B, AP. l TO G D HULU, 28 299' 34' 685 00 FEET ALONG LOT F-I, BEING A PORTION Of, R. P. 5671,1, _ C AW. 8521-B, AR I 'FOG . D HUEU, 19 1 I ° 54 233.00 FEEL' ALONG LOT F- 1, BEING A POP I ION OF R P 5671, L. C. AW. 8521-13, AR I TO G. D IIFJFI 16 Bridge.002 30- 292° 11' 295 00 FEET ALONG LOT F-1, BEING A PORTION OF R P_ 5671, L C. AW 8521-B, AP. I TO G D. IIUEU; 31_ 301° 19' 479.00 F'F.E'T ALONG LOT F-l, BEING A PORTION OF R- P_ 5671, L- C- AW 8521-B, AP. I TO G. D. I-IUEU; 32. 328° 19' 50 70 FEET ALONG LOT F-1, BEING A PORTION OF R R 5671, L. C_ AW. 8521-B, AP I TO G_ D HUFU; 33. 295° 40- 530 39 FEET ALONG LOT F- 1, BEING A PORTION OF R P_ 5671, L- C. AW_ 8521-B, AP- I TO G D HUEU, 34- 34° 56' 895 00 FEET ALONG LOT F-1, BEING A PORTION OF R. R 5671, L. C. A W 8521$, AP. I TO G- D. 1 It JF,U; 35. 98° 7' 468.00 FEET ALONG LOT F-1, BEING A POR'1'[ON OF R- P_ 5671, L. C AW. 8521-13, AP. I TO G. D I IULU; 36. 108° 39' 228.06 FEET ALONG LOT F- 1, BEING A PURTION OF R. P. 5671, L. C. AW. 8521-B, AT 1 TO (3. D- IIUEU; 37 34° 56' 6,01006 FEET ALONG LOTS F-I AND A-1, BEING A PORTION OF R P_ 5671, L- C- AW 8521-B, AR I TO G. D. IUJEU, 38. 122° U)' 2,239 61 FEET ALONG LOT ,4-1, BEING A PORTION OF R. P. 5671, L. C AW. 8521-B, AP. 1 TOG D. ITUEU; 39. 146° 10' 1,240.00 FEETALONG LOT A-1. BEING A PORTION OF R P. 5671, L. C AW 8521-B, AP I TO G_ D HUEU, 40 1220 55' 429.21 FEET ALONG LOT A-L BF,ING A PORTION OF R. P 5671, L C_ AW. 8521-B, AP- I TO G- D. [RIFU TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF 444.399 ACRES, MORE. ORLESS - 17 BFidgt.002 EXHIBIT C Part 1 - List of Improvements The Improvements to be financed for the District and for each Improvement Area therein shall include the following: Roads Water System Sewer System Solid Waste Facilities Electric and Telephone Systems Infrastructure Design Fair Share Contributions Park and Recreational Facilities Police and Fire Facilities Other County/Public Infrastructure Part 11 - Incidental Expenses Incidental expenses may be incurred in connection with the District and repaid from Special Tax levies, including the following: Engineering services Special tax consultant services County review and administration Bond counsel services Bond counsel out of pocket expenses Independent financial advisor services Appraiser services Initial bond transfer agent, fiscal agent, registrar and paying agent fees Rebate calculation service set up charge Bond printing Offering memorandum printing and mailing costs Publishing, mailing and posting of notices Underwriter's discount Bond reserve fund Capitalized interest Bond syndication costs Governmental notification and filing costs Credit enhancement costs Real estate acquisition costs Special disclosure counsel Rating agency fees In addition to annual allocations of the above costs, certain annual costs related to administration of the District and bonds issued for the District may be included in each annual Special Tax levy. These include: 18 Brid,,c002 Annual bond transfer agent, fiscal agent, registrar and paying agent fees Annual rebate calculation costs Special tax consultant costs Other necessary consultant costs Costs of posting and collecting the special taxes Personnel costs of the County Arbitrage rebate Rating agency fees 19 Bridge-OU2