HomeMy WebLinkAboutCOM 0633.000 1996-1998 ~y,
Mtr or M 'Ii
Stephen K. Yamashiro Richard Wurdeman
Mayor r-
Corporation Counsel
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f~rt•oi•Mi.'IS~ ~ r; t' i
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~D1tIT~~1 II:I ~M~~CtT
OFFICE OF THE CORPORA'L`1()~I' COUNSEL" "
10l Aupuni Srreet, Suite 325 • Hilo, Hauai'i 96720.4262 • (808) 961.8251 • Faz (808) 961-8622
December 8, 1997
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Dedication Deed--Villages ofLa'i'opua Phase 1
Grantor Housing Finance and Development Corporation
Tax Map Ke~(317-4-20 and 21 (ortions~
We are transmitting for the Council's review and consideration for acceptance a copy pf
the above dedication deed, along with a resolution accepting the deed.
For your information, the deed has been reviewed by the Department of Public Works,
Department of Water Supply and the Planning Department and all have recommended
acceptance of the dedication deed. All subdivision improvements have been completed.
Upon acceptance of the above dedication deed, please send notification of such
acceptance to: (1) Stan Fujimoto, Housing Finance and Development Corporation, 677 Queen
Street, Suite 300, Honolulu, Hawaii 96813; (2) Harry Takahashi, Director of Finance, County of
Hawaii; and (3) Gerald Takase, Deputy Corporation Counsel, who will record the said deed with
the Bureau of Conveyances.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By ~.F.~-L_-
LD TAKASE
Deputy Corporation Counsel
GT:de
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mot. t>~te._. DfSe_.1..5...1997
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LAND COURT SYSTEM ) REGULAR SYSTEM
Return by Mail ( X ) Pickup ( ) To:
Office of the County Clerk
25 Aupuni Street
Hilo, Hawaii 96720
Tax Map Key Nos.: (3) 7-4-08:17 (Por.)
(3) 7-4-20 & 21
(3) 7-4-21: Pors. of
04, O5, 06 &
12; 07; 13 & 14
(Pors.)
DEED
KNOW ALL MEN BY THESE PRESENTS:
That the HOUSING FINANCE AND DEVELOPMENT CORPORATION, a
public body and a body corporate and politic of the State of
Hawaii, whose business and mailing address is 677 Queen Street,
Rocm 300, Honolulu, Hawaii 96813, hereinafter called the GRANTOR,
in consideration of the sum of ONE DOLLAR ($1.00) to it paid by
the COUNTY OF HAWAII, a body politic and corporate of the State
of Hawaii, whose principal place of business and mailing address
is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the
GRANTEE, the receipt whereof is hereby acknowledged, does hereby
bargain, sell, transfer and deliver unto the Grantee the
wastewater disposal system now installed and in existence,
is\devteam4\dpw.ded
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including all pipelines, drainage facilities and appurtenances
attached thereto and found on the premises described as follows:
Lands set aside to the Grantee under Executive Order
No. 3697; set aside to the Department of Transportation
under Executive Order No. 3702; granted and confirmed
to the Grantee under Land Patent Grant No. 5-15,889;
and described under that certain Grant of Non-Exclusive
Easement as Easement 1 of File Plan 2128 and Easement 2
of File Plan 2067, all as more fully described and
shown in Exhibit A, said Exhibit attached hereto and by
this reference made a part hereof.
TO HAVE AND TO HOLD the same unto the Grantee, its
legal successors and assigns, forever.
AND said Grantor, in consideration of the premises,
does hereby remise, release, and quitclaim unto the said Grantee,
its successors and assigns, forever, all of its right, title and
interest, if any, in and to the property herein described.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands bn this day of ~ lgg
HOUSING FINANCE AND DEVELOPMENT
C APPROVED AS TO FORM: CORPORATION
By ,
Depu Attor ey General Its Ex utive Director
APPROVED AS TO FORM COUNTY OF HAWAII
AND LEGALITY:
By
DEPIJ Corporation Counsel Its
County of Hawaii
Date
i:4levteam4ldpw.ded
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9
STATE OF HAWAII )
SS:
CITY AND COUNTY OF HONOLULU )
On this oZll'~'t' day of 1917
before me appeared ROY S. OSHIRO, t me personally known, who,
being by me duly sworn, did say that he is the Executive Director
of HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and
a body corporate and politic of the State of Hawaii; that the
seal affixed to the foregoing instrument is the seal of said
corporation; that the foregoing instrument was signed and sealed
in behalf of said corporation by authority of its Board of
Directors; and said ROY S. OSHIRO acknowledged said instrument to
be the free act and deed of said corporation.
s 4~~ ~~.e
L Notary Public, State of Hawaii
My commission expires 9-a`~ 97
I:~devteam4Upw.ded
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STATE OF HAWAII )
j SS:
COUNTY OF HAWAII )
On this day of , 1g_,
before me personally appeared to me
known who, being by me duly sworn, did say that he/she is the
of the COUNTY OF HAWAII, and that the
seal affixed to the foregoing instrument is the seal of said
COUNTY OF HAWAII and that the instrument was signed and sealed in
behalf of and by the authority of said COUNTY OF HAWAII and said
acknowledged the instrument to be
the free act and deed of said COUNTY OF HAWAII.
Notary Public, State of Hawaii
My commission expires
i:~devteam4~dpw.ded
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E X H I B I T A
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LAND COURT SYSTEM 1 REGUL~12 SYSTFM
Return by Mail ( ) Pickup ( ) To:
Tax Map Key Nos. (3) 7-4-21: pots. 04,
05, 06 S 12
FROM: STATE OF HAWAII
TO: COUNTY ,OF HAWAII
25 Aupuni Street
Hilo, Hawaii 96720
EXECUTIVE ORDER NO. ~ 6 9 7
SETTING ASIDE LAND FOR PUBLIC PURPOSES
BY THIS EXECUTIVE ORDER, I, the undersigned, Governor
of the State of Hawaii, by virtue of the authority in me vested
by Section 171-11, Hawaii Revised Statutes, and every other
authority me hereunto enabling, do hereby order that the public
land hereinafter described be, and the same is, hereby set
aside for the following public purposes:
FOR DRAINAGE AND ACCESS EASEMENTS PURPOSES, to be
under the control and management of the COUNTY OF HAWAII, a
body politic and corporate of the State of Hawaii, being those
parcels of land situate at Kealakehe, North Kona, Island of
Hawaii, Hawaii, and identified as follows:
UERI,RTMENT OL LINO ?NO N~TUR~L RLSOURCCS
DIVI$ICH ?Y LANO MAry~['jEMCNT
• yCi 0]
..CYO'...'... -.w... G~00
A. The Villages o Ta'~'oDUa Phase 1 D a~*+a~p a~~ments 7
to 16. Inclusive, being portions of the Government Land of
Kealakehe, being also all of the following easements of
The Villages of La'i'opua, Phase 1 as shown on File Plan
2128 filed in the Office of the Bureau of Conveyances of
the State of Hawaii:
EASEMENT AFFECTING LOT Bi2EA
7 12 24 square feet,
8 12 24 square feet,
9 12 24 square feet,
10 12 24 square feet,
11 12 26 square feet,
12 13 26 square feet,
13 13 24 square feet,
14 13 24 square feet,
15 14 24 square feet, anc
16 14 24 square feet,
containing a total area of 244 square feet, more
particularly described in Exhibit "A" which is attached
hereto and made a part hereof, said exhibit being a survey
description prepared by the Survey Division, Department of
Accounting and General Services, State of Hawaii,
designated C.S.F. No. 22,508 and dated October 2, 1996; and
B. The Villages of La'1'ODUa Phase 1 Access asement 17,
being a portion of the Government Land of Kealakehe, being
also all of Easement 17 of The Villages of La'i'opua,
Phase 1 as shown on File Plan 2128 filed in the Office of
the Bureau of Conveyances of the State of Hawaii affecting
Lot 20 and containing an area of 29,626 square feet, more
particularly described in Exhibit "B" which is attached
hereto and made a part hereof, said exhibit being a survey
description prepared by the Survey Division, Department of
Accounting and General Services, State of Hawaii,
designated C.S.F. No. 22,509 and dated October 2, 1996,
SUBJECT, HOWEVER, to the following conditions:
1. Upon cancellation of this executive order and/or
in the event of non-use or abandonment of the premises or any
portion thereof for a continuous period of one (1) year, or for
any reason whatsoever, the County of Hawaii shall, within a
reasonable time, restore the premises to a condition
satisfactory and acceptable to the Department of Land and
Natural Resources, State of Hawaii; and
2. All building construction, grading and
landscaping, shall be in full compliance with all statutes,
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ordinances, rules and regulations of the Federal, State and
County of Hawaii governments applicable thereto and in
accordance with plans and specifications submitted by the
County of Hawaii and/or its contractor to and approved by the
Chairperson of the Board of Land and Natural Resources
(Chairperson) prior to construction; and
3. The County of Hawaii and/or its contractor shall
indemnify, defend, and hold the State of Hawaii harmless from
and against any loss, liability, claim or demand for property
damage, personal injury and death arising out of any act or
omission of the County of Hawaii, its contractor, its
successors, assigns, officers, employees, and/or agents under
this executive order or relating to or connected with granting
of this executive order; and
4. In the event that any unanticipated sites or
remains, such as shell, bone or charcoal deposits, human
burials, rock or coral alignments, pavings or walls are
encountered during construction, the County of Hawaii and/or
its contractor shall stop work immediately and contact the
State Historic Preservation Program, Department of Land and
Natural Resources in Honolulu at 548-0047; and
5. The County of Hawaii shall not rent or sublet
the whole or any portion of the interest or rights granted by
this executive order, except as provided herein upon the prior
written approval of the Board of Land and Natural Resources; and
6. The County of Hawaii and/or its contractor shall
not mortgage, hypothecate, or pledge any interest in this
executive order without the prior written approval of the
Chairperson and any mortgage, hypothecation or pledge without
the Chairperson's approval shall be null and void; and
7. The County of Hawaii in coordination with the
State Housing Finance and Development Corporation shall be
responsible for the subdivision of the subject parcel; and
8. The County of Hawaii shall comply with all
applicable statutes, ordinances, rules and regulations of the
Federal, State and County of Hawaii governments.
SUBJECT, FURTHER, to disapproval by the Legislature
by two-thirds vote of either the Senate or the House of
Representatives or by majority vote of both, in any regular or
special session next following the date of this Executive Order.
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IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Great Seal of the State of Haw i to be affixed.
Done a Capitol at Honolulu this day
of Nineteen Hundred and
Lt~.6
Go a nor of the Sta of Hawaii
APPROVED AS TO F
cLO„
Deputy Att//orney General
Dated: ~al9~~l~0
2762(8)
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t
STATE OF HAWAII
Office of the Lieutenant Governor
THIS IS TO CERTIFY That the within is a true copy of
Executive Order No. 3 ` 97 setting aside land for public
purposes, the original of which is oh file in this office.
IN TESTIMONY WHEREOF, the Lieutenant
Governor of the State of Hawaii, has
hereunto subscribed her name and caused
the Great Seal of the State to be affixed.
DONE in Honolulu, this day of
A.D. 19 9~
-5-
e
STATE OR HAWAII
[uwv[v omaoow
22.508 D[rT. 0I AGGOUtmNa ANO O[N[wAl e[wVlGta October 2, 1996
c.s.•. Meweww
THE VILLAGES OF LA'I'OPUA
PHASE t
DRAINAGE EASEMENTS 7 TD !b, INCLUSIVE
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being portions of the Government Land of Kealakehe.
Being also all of the following easements of The Villages of
La'i'opua, Phase ! as shown on File Plan 2128 61ed in the Othce
of the Bureau of Conveyances of the State of Hawaii.
EASEMENT g~FECTiNG LOT 8$$A
7 12 24 SQUARE FEET
Q l2 24 SQUARE FEET
9 l2 24 SQUARE FEET
10 12 24 SQUARE FEET
11 12 Zb SQUARE FEET
12 t3 26 SQUARE FEET
13 13 24 SQUARE FEET
14 13 24 SQUARE FEET
15 l4 24 SQUARE FEEL'
!6 14 ~4 SOUARE FEET
TOTAL AREA = 244 SQUARE FEET
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
By:
seph M. Ma[suno
and Surveyor yen
Compiled from F.P. 2128 and
Govr. Survey Records.
TMK: 7-4-21:Pbc 4, S, 6
EXHIBIT "A"
s.:
t~~
STATE OF HAWAII
lURVtY DIVIlION
x2,509 DErT. Or ACCOUNTING AND GEN[RAL 9ERVICE$
C.1.f. N NoNOw~u October 2, 1996
THE VILLAGES OF LA'I'OPUA
PHASE 1 -
ACCESS EASEMENT 17
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakehe.
Being also all of Easement 17 of The Villages of La'i'opua,
Phase l,as shown on File Plan 2128 filed in the Office of the
Bureau of Conveyances of the State of Hawaii affecting Lot 20 and
containing an AREA OF 29,626 SQUARE FEET.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
seph M. Matsuno
Land Surveyor gm
Compiled from F.P. 2128 and
Govt. Survey Records.
TMK: 7-4-21:Pbr. I2
EXHIBIT "B"
• )
LAND COURT SYSTEM 1 REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
G
Tax Map Key No. (3) 7-4-20 & 21
FROM: STATE OF HAWAII
TO: DEPARTMENT OF TRANSPORTATION
869 Punchbowl Street
Honolulu, Hawaii
3702
EXECUTIVE ORDER NO.
SETTING ASIDE LAND FOR PUBLIC PURPOSES
BY THIS EXECUTIVE ORDER, I, the undersigned, Governor
of the State of Hawaii, by virtue of the authority in me vested
by Section 171-11, Hawaii Revised Statutes, and every other
authority me hereunto enabling, do hereby order that the public
land hereinafter described be, and the same is, hereby set
aside for the following public purposes:
FOR PUBLIC ROADWAY AND RELATED INFRASTRUCTURE
IMPROVEMENT PURPOSES, to be under the control and management of
the Department of Transportation, State of Hawaii, being those
parcels of land situate at Kealakehe, North Kona, Island of
Hawaii, Hawaii, being portions of the Government Land of
Kealakehe and identified as follows:
O[PARTMEHT OE LAND AMO NATURAL RCSOURCCS
DIVISION Df LAND MAMNGCMENT
o. em sx~
.eoov
A. KEAL•AKEHE PARKWAY. PHASE 1. LOT 2, being all of Lot 2, as
shown on File Plan 2067 approved February 27, 1992 and
filed in the office of the Bureau of Conveyances of the
State oP Hawaii on March 2, 1992 and containing an area of
46.174 acres, Subject, however, to the following:
1. Easement 2 (80.00 feet wide) for All Purposes as
shown on File Plan 2067,
2. Easement 3 (30.00 feet wide) for Utility Purposes as
shown on File Plan 2067, and
3. Restriction of vehicular access into and from Queen
Kaahumanu Highway,
all more particularly described in Exhibit "A" attached
hereto and made a part hereof, said exhibit being a survey
description prepared by the Survey Division, Department of
"c Accounting and General Services, State of Hawaii,
designated C.S.F. No. 22,506 and dated October 2, 1996, and
B. THE VILLAGES OF LAIOPUA PHASE 1 LOTS 29 AND 38, as shown
on File Plan 2128 approved September 12, 1994 and filed in
the Office of the Bureau of Conveyances of the State of
Hawaii on September 16, 1994, consisting of:
LOT 29, containing an area of 7.512 acres, and
LOT 38, containing an area of 0.166 acre,
together comprising a total area of 7.678 acres, all more
particularly described in Exhibit "B" attached hereto and
made a part hereof, said exhibit being a survey
description prepared by the Survey Division, Department of
Accounting and General Services, State of Hawaii,
designated C.S.F. No. 22,507 and dated October 2, 1996.
SUBJECT, HOWEVER, to the following:
1. Upon cancellation of this executive order and/or in
the event of non-use or abandonment of the premises or any
portion thereof for a continuous period of one (1) year, or for
any reason whatsoever, the Department of Transportation shall,
within a reasonable time, restore the premises to a condition
satisfactory and acceptable to the Department of Land and
Natural Resources, State of Hawaii.
2. The water pipelines and appurtenant improvements
within the public roadways shall be under the control and
management of the Water Commission of the County of Hawaii.
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3. The sewer lines and appurtenant improvements within
the public roadways shall be under the control and management
of the County of Hawaii.
SUBJECT, FURTHER, to disapproval by the Legislature
by two-thirds vote of either the Senate or the House of
Representatives or by majority vote of both, in any regular or
special session next following the date of this Executive Order.
IN WITNESS WHEREOF, I have hereunto sat my hand and
caused he Great Seal of the State of H aii to be affixed.
Done 'the, pitol at Honolulu this y~/L ~C! day
of Nineteen Hundred and
X.~ ~ -
_ E Gov or of th Stat of Hawaii
APPRO'VoED AS TO7 F-ORM~:
-
Deputy Attorney General
Dated: 3 ~~1997
2762(6)
3
0
STATE OF HAWAII
Office of the Lieutenant Governor
THIS IS TO CERTIFY That the within is a true copy of
Executive Order No. 7 oz. setting aside land for public
purposes, the original of which is on file in this office.
IN TESTIMONY WHEREOF, the Lieutenant
Governor of the State of Hawaii, has
. hereunto subscribed her name and caused
the Great Seal of the State to be affixed.
_ c ~ ~iF~'~I
DONE in Honolulu, this day of
A. D. 19 9~
4
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STATE OF HAWAII
sulevcT orvlaroN
„2,506 ~P~' ACCOUNTING AND O[H[RAL S[PVICL7 October 2, L996
Gt.1. MONDW W
KEALAKEHE PARKWAY
PHASE 1
LGT 2
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakehe.
~ Being also all of Lot 2 of Kealakehe Parkway, Phaze 1 az shown
on File Plan 2067 Bled in the OfSce of the Burtau of Conveyances
of the State of Hawaii and wntaining an AREA OF 4b.174
ACRES.
Subject, however, to the Following:
1. Eazement 2 (80:00 feet wide) for All Purposes az shown on
~`ile Plan 2067.
2. Easement 3 (30.00 feet wide) for Utility Purposes az shown
on File Plan 2067.
3. Restriction of vehicular access into and from Queen
Kaahumanu Highway.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
By: ~ h~~~
oseph M. Matsuno
Land Surveyor 8m
Compiled from F.P. 2067 and
Govt. Survey Records.
TMK: 7-4-20
ExHisir ••s.,
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STATE OF HAWAII
suRV[v DmmoN
22,SO7 D[/T. O/ ACCOUNTN6 AND O[N[RAL S[RVIC[! OCIObeC 2, 1996
C.Q.I. MO IIONOLYLY
THE VILLAGES OF LA'I'OPUA
PHASE 1
LOTS 29 AND 38
Ktalakehe, North Kona, Island of Hawaii, Hawaii
Being portions of the Government Land of Kealakehe.
~ Being also all of the following lots of The Villages of La'i'opua,
- Phase 1 az shown on File Plan 2128 filed in the Otfice of the
Bureau of Conveyances of the State of Hawaii.
LSIL ABEA
29 7.512 ACRES
38 0.166 ACRE
TOTAL AREA 3 7.678 ACRES
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
By: 11
seph M. Manuno
Land Surveyor gm
Compiled ftnm F.P. 2128 and
Govt. Survry Records.
TMK: 7-4-21
EXH181T "B^
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LAND COURT SYSTEM 1 FZFr_rTt.au cvcmrnr
Return by Mail ( ) Pickup ( ) To:
Tax Map Key No. (3) 7-4-20 6 21
PATENTOR: STATE OF HAWAII
PATENTEE: COUNTY OF HAWAII
25~Aupuni Street
Hilo, Hawaii 96720
LAND PATENT GRANT NO. 5-15.889
' 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 August 23, 1996, 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 the COUNTY OF
HAWAII, a body politic and corporate of the State of Hawaii,
whose address is 25 Aupuni Street, 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 Kealakehe, North Kona, Island of Hawaii,
Hawaii, being designated "The Villages of Laiopua, Phase 1, File
Plan 2128, Lots 26, 27, 30 and 32," all being a portion of the
Government Land of Realakehe and further described as:
LOT 26, containing an area of 1.585 acres, more
particularly described in Exhibit "A" and delineated on
Exhibit "B,° both of which are attached hereto and made
OCPARTNCNT OC LAND AND NATURAL RCSOURCLS
DIVISION OC LAND NAMAGCNCNT
a. em ul
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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. 22,502
and dated October 2, 1996; and
ITT 27, containing an area of 4.149 acres, more
particularly described in Exhibit "C" and delineated on
_ Exhibit "D," both of which ire 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. 22,503
and dated October 2, 1996; and
iAT 30, containing an area of 2.193 acres, more
particularly described in Exhibit "E" and delineated on
Exhibit "F," 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. 22,504
and dated October 2, 1996; and
IAT 32, containing an area of 4.024 acres, more
particularly described in Exhibit "G" and delineated on
Exhibit "H," 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. 22,505
and dated October 2, 1996.
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, 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
_2_
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the land, fast or submerged; provided, that "minerals" shall
not include sand, gravel, rock, or other material suitable !or
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.
(3) All prehistoric and historic remains found in,
on, or under the land.
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 !or any o! 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) The water pipelines with the roadways shall be
under the control and management of the Water Commission of the
County of Hawaii.
D) Should the roadways 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.
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A
TO HAVE AND To HOLD said granted land unto the said
COUNTY OF HAWAII, 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 da}~ of
19
STATE OF HAWAII
Approved by the Board
of Land and Natural
Resources at its
meeting held on By
August 23, 1996. Chairperson and Member
Board of Land and
Natural Resources
COUNTY OF HAWAII
By
Its Mayor, Stephen Yamashiro
APPROVED AS TO FORM
eputy Attorney General
Dated• 1 ~o
2701(3)
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STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
_ On this day of 19 ,
before me appeared STEPHEN YAMASHIRO, to me personally known,
who, being by me duly sworn, did say that he is the Mayor of
the COUNTY OF HAWAII, a political subdivision of the State of
Hawaii, and that the seal affixed to the foregoing instrument
is the seal of said County and that said instrument was signed
and sealed in behalf of said County by authority of its County
Council, and the said STEPHEN YAMASHIRO acknowledged said
instrument to be the free act and deed of said County.
Notary Public, State of Hawaii
My commission expires:
-5-
STATE Or HAWAII
[uRV[r om[wN
2,SOZ D[/r. OV ACCOUNTING ANO O[N[RAL t[RVIC[[
G¦•~• ~ +e+eay~u October 2, 1996
THE VILI.AGFS OF LA'I'OPUA
PHASE 1 - -
File Plan 2128
LOT 26
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakthe.
Beginning at the southeast comer of this parcel of land and on the north
boundary of Lot 2 of Kealakehe Parkway, Phase 1 as shown on File Plan 2067, the
coordinate of said point of beginning referted to Government Survry Triangulation
Station 'KEAIiUOLU° being 8577.81 feet North and 7919.23 fat East, thence
running by azimuths measured clockwiu from Ttue South:-
1. Along Lot 2 of Kealakehe Parkway, Phase 1 as shown on file Plan 2067 on a
turn to the right with a radius of 2370.00
feet, the chord azimuth and distance being:
81° I1' 25.7' 78.00 feet;
2. 82° 08' 90.17 feet along Lot 2 of Kralakehe Pazkway,
Phax 1 as shown on File Plan 2067;
3. 352° O8' 10.00 Ceet along Lot 2 of Kealakehe Parkway,
Phan 1 as shown on File Plan 2067;
4. Thence along Lot 2 of Kealakehe Parkway, Phau 1 as shown on File Plan 2067
on a curve to the right with a radius of
30.00 feet, the chord azimuth and distance
being:
37° 08' 42.43 feet;
5. 82° 08' 7.83 feet along Lot 2 of Kealakehe Parkway,
Phase 1 as shown on File Plan 2067;
EXHIOiT "A"
-l-
i
f
22,302 October 2, 1996
w. w..
6. Thence along Lot 3 of'Ihe Villages of La'i'opua, Phase 1 az shown on File Plan
2128 on a curve to the left with a radius of
30.00 fea, the chord aamuth and durance
being:
21T 08' 42.43 fcet;
7. 172° 08' 6.55 feet along Lot 3 of The Yllages of La'i'opua,
_ _ Phase 1 az shown on File Plan 2128; _
8. 82° 08' 23.00 fea along Lot 3 of The Yllages of La'i'opua,
Phase 1 as shown on Fik Plan 2128;
9. 172° 08' 27.26 fetx along Lot 3 of The Villages of La'i'opua,
Phase 1 az shown on File Plan 2128;
10. 262° 08' 23.00 feet along Lot 3 of The villages of La'i'opua,
Phase 1 az shown on File Plan 2128;
11. 172° OS' 446.19 feet along Lot 3 of The Villages of La'i'optta,
Phase 1 az shown on File Plan 2128;
12. 262° 08' 8.00 feet along Lot 3 of The Yllages a~f La'i'optu,
Phase 1 az shown on File Plan 2128;
13. 172° O8' 27.25 feet along Lot 3 of The Yllagea of La'i'opua.
Phax 1 az shown on File Plan 2128;
14. 259° 22' 20' 120.14 feet along R.P. 5855, L.GAw. 9971, Ap. 9 to
W. P. Leleiohoku;
15. 352° O8' 28.04 feet along Lot 15 of The Yllaga of
La'i'opua, Phase 1 az shown on File Plan
2128;
16. 262° 08' 17.00 feet along Lot 15 of The Villages of
La'i'opua, Phase 1 az shown on File Plan
2128;
17. 352' 08' 15.00 fcet along Lot 15 of The vllaga of
La'i'opua, Phase 1 az shown on File Plan
2128;
18. 82° O8' 17.00 feet along Lot 15 of The Villages of
La'i'opua, Phax 1 az shown on File Plan
2128;
19. 352° O8' 232.00 fat along Lot 15 of The Yllaga of
La'i'opua, Phase 1 az shown on File Plan
2128;
-2-
e
22.502 October 2. 1996
ei/. ww
20. 262' 08' 17.00 feet along Lot 15 of The Villages of
La'i'opua, Phase 1 u shown on File Plan
2128;
21.. 352• O8' 196.73 feet along Lots 15 and 16 of The Ytllages of
La'i'opua, Phase 1 u shown on File Plan
2128;
22. Thence along Lot 16 of The Villages of La'i'opua, Phase 1 on a curve to the left
with a radius of 30.00 fcet, the chord
azimuth and distance being:
306• 11' 25.7• 43.12 feet,
to the point of beginning and containing an
A1tEA OF 1.585 ACRFS.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII y ;
seph M. Ma[suno
and Surveyor gm
Compiled from F.Ps. 2067 and
2128.
TMK: 7-20
-3-
R
R. P. 6855. L C. Aw. 9971, APona 9 to W. P. leleiahoku
3570Q' 28.04
259'22'20' - ' '
- ' " ; 26706' 17.00
17206' 27.25 33?08' 13.00
Z6208' 8.
_a 8208' 17.00
- - = ~ -
~ " ,u
Q { :q
Lot 15
a
Lot 3 OD -
~ a
~ r~ 26209'
17.00
THE VILLAGES tp g; 0 ; ~ lA'I'OPUA
PHASE cV o~ 1
ale Plan ~ 2128
J ~ ^t ; i
,N
;o ~
Lot t6
26208' 23.00 '
t 7708' 27.28 8708' ~ 30611'25.2 x3.12
2.].00 R~30.00
17708' 6.55
21R J0.00~43~~~ 8708'- I 81'17'23.2 78.00
35708' 10.00
3208' 42.43
8708' 7.83 R~30.00
8577.81 N
lot 2 of 7979.23E Lot 29
'KEAHUOLtf O C.S.F. 22.507
Kealakehe Parkway, Phaee I ( )
Fle Plan 2067
(C.S.F 22,506)
i
I
i
~ lot 27
(C.S.F. 22.503)
THE VILLAGES OF LA'I'OPUA
PHASE I
File Plan 2~ 2S REIIUCED
LOT 26 NOT TO SCALE
,ioe H-227(96) Kealakehe, North Kona, Island of Hawaii, Hawaii ~H~~T
G BK. Scala: t inch ~ 100 feet
~ TNC ,,,o ~-.-zo SURVEY DNISION I
DEPARTMENT OF ACCOUMING ANO GENERAL SERVICES
s '
STATE OF HAWAII
[uRV[r orvis~ow
„?2 SO3 G[rT. OI ACCOUNTiNO ANO O[N[RAL •[RVICa
e.°.r. i wewxuw October 2, 1996
THE VILLAGES OF LA'I'OPUA
PHASE 1
File Plan 2128
LOT 27
ICralakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakehe.
Beginning at the northwest comer of this part:e! of land and on the
south boundary of Lot 2 of Kealakehe Parkway, Phase 1 az shown on File Pian 2067,
the coordinates of said point of beginning referred to Government Survey
Triangulation Station °KFAHUOLU' being 8331.52 fat North and 7753.39 feet
Eazt, thence running by azimuths measured clockwise from Tnre South:
1. 262° O8' 120.00 feet along Lot 2 of Kealakehe Parkway,
Phase 1 az shown on File Plan 2067;
2. Thence along Lot 2 of Kealakehe Parkway, Phaze l az shown on File Plan 2067
on a curve to the left with a radius of
2590.00 feet, the chord azimuth and
distance being:
261° 17' 28.6' 76.13 feet;
3. Thence along Lot 13 of The Villages of La'i'opua, Phase 1 az shown on File Plan
2128 on a turn to the left with a radius of
30.00 feet, the chord azimuth and distance
being:
36° 17' 28.6' 4(.80 feet;
ExN~e~r
e
22,503 October 2, 1996
C11. Mw
4. 352° O8' 153.37 feet along Lot 13 of the Yllages of La'i'opua,
Phase I az shown on File Plan 2128;
S. Thence along Lot 13 of The villages of La'i'optta, Phase 1 az shown on File Plan
2128 on a corn to the left with a radius of
1123.00 feet, the chord azimuth and
distance being:
_ _ 346°_01' 30' 238.99 feet; _
6. 69° 35' 17.00 feet along Lot 13 of The Yllages of
La'i'opua, Phase 1 az shown on File Plan
2128;_
7. Thence along Lot 13 of The Yllages of La'i'opua, Phase 1 az shown on File Plan
2128 on a corn to the left with a radius of
1140.00 feet, the chord azimuth and
distance being:
333° 16' 30' 263.70 feet;
8. 236° 38' 17.00 feet along Lot 13 of The Yllages of
La'i'opua, Phase I az shown on File Plan
2128;
9. 326° 38' 52.00 feet along Lot 13 of The villages of
La'i'opua, Phase 1 az shown on Fite Plan
2128;
f0. 56° 38' 17.00 feet along Lot 13 of The Yllages of
La'i'opua, Phase 1 az shown on File Plan
2128;
11. 326° 38' 313.84 feet along Lot 13 of The Yllages of
La'i'opua, Phase 1 az shown on File Plan
2128;
12. 236° 38' 17.00 feet along Lot I3 of The Yllages of
La'i'opua, Phase 1 az shown on File Plan
2128;
13. 326° 38' 106.00 feet along Lot 13 of The Yllages of
La'i'opua, Phase l az shown on File Plan
2128;
l4. 56° 38' 17.00 feet along Lot 13 of The Yllages of
La'i'opua, Phase l az shown on File Plan
2128;
-2-
s
22,503 October 2, 1996
C11. b.
15. 326° 38' 227.00 fat along Lou 13 and 30 of The Villages of
La'i'opua, Phase t az shown on File Plan
2128 and Kealakehe High School Site,
Governor's F~tecudve Order 3662;
16. 56° 38' 120.00 feet along l.ot 28 of The Yllages of
La'i'opua, Phase 1 az shown on File P?an
_ _ 2128: _ _
17. 146° 38' 698.84 feet along Lots 25 and 5 of The Yllages of
La'i'optta, Phaze 1 az shown on File Plan
2128;
18. Thence along Lot 4 of The Yllaga of La'i'opua, Phase 1 az shown on File Plan
2128 on a curve to the right with a radius
of 1260.00 feet, the chord azimuth ,~nd
distance being:
I57• 47' S4' 487.96 feet;
19. 79° 36' 23.00 feet along Lot 4 of The Yllages of La'i'opua,
Phaze ! az shown on File Plan 2128;
20. l69° 36' 28.00 feet along Lot 4 of The Pillages of La'i'opua
az shown on Fle Plan 2128;
21. 259° 36' ~ 23.00 feet along Lot 4 of The Yllages of La'i'opua
az shown on File Plan 2128;
22. Thence along Lot 4 of The Yllages of La'i'opua, Phase 1 az shown on File Plan
2128 on a curve to the right with a radius
of 1260.00 [eet, the chord azimuth and
distance being:
l71° ll' 06' 41.71 feet;
23. 172° 08' 152.24 feet along Lot 4 of The Villages of La'i'opua,
Phaze 1 az shown on File Plan 2128;
-3-
22,503 October 2, 1996
ess. n•.
24. Thence along Lot 4 of The Villages of La'i'opua, Phase I az Shawn on File Plan
2128 on a corn to the left with a radius of
30.00 feet, the chord azimuth and distance
being:
I2T 08' 42.43 fees,
to the. point of beginning and containing an
AREA OF 4.149 ACRES.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
ey:
seph M. Matsuno
Land Surveyor gm
Compiled from F.Ps. 2067 and
2128. ,
TMK: 7.4-20
-4-
N f /
Lot 16
N 4
~ ~ C
Lot 3 ~ a
~p
.~.i • ~
,N Lod 2
95p11
2,
KF~y/,KF}~ P~7i(WAZ Na ','S Zg1,t7~28.
Open 2067 oN ~ 76.13
File x.500)
(c.S.F. $ ~ '
8331.52 N 36'17'2B.~ a
7753.39 G 41.80 ,~i, ~
'KENiUOLtt R~30.00 _
12T08' 42.4 N ° 00 3'
171'11'O6~ 47.71 ' _9g~`-12-`•'=:T--- 00
259'36' 23.00 - a "765"1'x' R't26o• \oQJP
169"36' 28.00 o _ '
79'36' 23.00 a~i p
i ~ i.-'11
1 6g~g.-- a•
Lot 4 ~~p0
' i 6g55F ,yg
w 6~
,'~m~ ~ a Z,~~ ~i~7' ~ Lot 13
G,L - ~y6~~~•
Lot 25 ~ P ..5~ S6~ eee
Quo ` 1 \ Q
J<P°
sFecs~ce
oe F?~ afl
F \~e 'sue ~ `,oc 00
LOT 27 ~ti6~ cA ,~.yy°'`~
4.149 ACRES ~6~ `~S~ •
S~~`6ti
e' ~ a~C°I ~6
Lot 5 'D~ ~ °t
a ~ ~~~~~`5~l I -
'~'iYe~G`' met ye
G° vee
~ 56'38' 120.00 \ ~ ore`
~er`O S°``pel
<or ~ ~t,~o~O
4` a
Lot 25 r'~ \
THE VILLAGES OF LA'I'OPUA
PHASE i
File Plan 2128 REDUCED
LET n ~ NOT TO SCALE
,ae r+-z27(9B) Kealakehe, North Kona, Island of Flawaii, Hawaii L T
0' Scoie: 1 inch ~ 200 reef GXM~B~ / ~~Dy
rAx wiP 7-4-2o SURVEY DIVISION
DEPARTLAENt' OF ACCOUNTING AND GENERAL SERVICES
rec rn VZ T L~AT7• /lC LJA\LAII r"- ~
STATE OF HAWAII
lutevttr DrvI1roN
D[rf. O/ ACCOUNTING AND O[N[RAL /[RVICp
„°22.SOd ~~W October 2, 1996
THE VILLAGES OF LA'I'OPUA
_ _ PHASE 1 _ _
File Plan 2128
LOT 30
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakehe.
Beginning az the northwest comer of this parcel of land and at the
southwest comer of Lot 13 of The Villages of La'i'opua, Phax 1 as shown on File
Plan 2128, the coordinates of said point of beginning referred to Government Survey
Triangulation Station 'KF.AHUOLU' being 7229.47 feet North and 8414.33 fat
East, thence running by azimuths measured clockwise from True South:
1. Along Lot 13 of The Villages of La'i'opua, Phase 1 as shown on File Plan 2128
on a curve to the left with a radius of
30.00 feet, the chord azimuth and distance
being:
281° 38' 42.43 feet;
2. 236° 38' 553.21 feet along Lot 13 of The Villages of
La'i'opua, Phase 1 as shown on File Plan
2128;
3. Thence along Lot 13 of The Villages of La'i'opua, Phase 1 as shown on File Plan
2128 on a curve to the right with a radius
of 830.00 fat, the chord azimuth and
distance being:
250° O1' 384.23 feet;
4. 263° 24' 2S 1.04 feet along Lou l3 and 14of The Villages of
La'i'opua, Phase 1 as shown on File Plan
2128;
EXHIBIT
-I-
e
22,504 October 2, 1996
u?.rw.
5. Thence along Lot 14 of The Yllaga of La'i'opua, Phase 1 az shown on Fle Plan
2128 on a curve to the left with a radius of
1070.00 feet, the chord azimuth and
distance being:
259° 31' 144.93 feet;
6. 255° 38' 193.50 feet along Lot 14 of The Ytllages of
_ _ La'i'opua, Phase 1 az shown on Fle Plan
2128;
7. Thence along Lot 14 of The Yllages of La'i'opua, Phase 1 az shown on File Plan
2128 on a turn to the left with a radius of
30.00 feet, the chord azimuth and distance
being:
211• 27' 49.8' 41.81 feet;
8. Thence along Lot 32 of The Yllages of La'i'opua, Phase ! az shown on File Plan
2128 on a turn to [he left with a radius of
2040.00 feet, the chord azimuth and
distance being:
345° 38' t 18.26 feet;
9. Thence along Kealakehe High School Site, Govemor's Executive Order 3662 on a
curve to the left with a radius of 30.00
feet, the chord azimuth and distance being:
119° 48' 10.2' 41.81 feet;
I0. 75° 38' 193.50 feet along Kealakehe High School Site,
Govemor's Executive Order 3662;
11. Thence along Kealalcehe High School Site, Governor's Executive Order 3662 on a
curve to the right with a radius of 1130.00
feet, the chord azimuth and distance being:
79• 31' 133.06 feet;
12. 83° 24' 251.04 feet along Kealakehe High School Site,
Governor's Executive Order 3662;
13. Thence along Kealakehe High School Site, Govemor's Executive Order 3662 on a
curve to the left with a radius of T10.00
feet, the chord azimuth and distance being:
70° Ol' 356.46 feet;
14. 56° 38' 553.21 feet along Kealakehe High School Sire,
Govemor's Executive Order 3662;
I5. Thence along Kealakthe High School Site, Governor's Extxutive Order 3662 on a
turn to the left with a taditrs of 30.00
fee[, the chord azimuth and distance being:
il° 38' 42.43 feet;
-2-
r '
u.soa October 2. 1996
16. 146° 38' 120.00 fat along Lot 27 of The Villages of
La'i'apua. Phase I as shavn on File Plan
2128 to the point of beginning and
containing an AREA OF 2.193 ACRES.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE aF HAWAII
By: _
J seph M. Matsuno
d Surveyor gm
Compiled from F.P. 2128
TMK: 7~4-21
-3-
I ~ b''
,~a, 8 .
n,.~ o;
fcs~ ~A,~ Lot 17
"~bjr
asb/' ,
~ ~f,,
Lot 14 ~f~>>'iye" J
ewer 1.
/or ~rO~^o
°eQnf ~ lM ~ Lot 33
~ _ 9e PurAoeps ~ `11848' OS~~ y ~ _
/A,t - _ e 41.81 Pled kttlpr '~'keee
~e~,, - q - R~30.00 ~ green
-"'L R
~ij0~cb f2ss',Tf,- Easement 7 (to_h, L'^.
Q~ ~.gJ for Orainage Purposes
~ N
Eoaement 15 ~ Easement 8
for Drainage Purposes ry/, mod. for Drainage Purposes n
h h J
h O
Easement 9 =
Easement /4 _ for Drainage Purposes H `o
for Drainage Purposes ; n ~ c
THE VILLAGES OF LA'I'OPUA ^
PHASE 'h 1
n
File Plan 2128 n
Lot 13 ~ o Lot 12
LOT 3Q' ' ~ ~ b R_no.oo ~ ° N
- -----------R~830.00--- = W c,j
2.193 ACRES
Easement 10 I
Eoaement 13 for Drainage Purposes n
for Drainage Purpaaes N N o`
o i
u^i h
~ r ~
' ( W V
N
Easement 12 n ~ ~ Easement 11 x
for Drainage Purposes ~ ~ for Drainage Purposes
- 281'J1!' 42.43 ~ 11'38' 42.3 No Vehicular Accsas
R~30.00 ~ ~ R=30.o0 - ~ PIanC~nq Screen Line
- - (IQ-k. wide]
Lot 27 7229.47 H
(C.S.F. 22.503) 8414.33E Lot 28 ~ I
'KEAHUOLIf ~ i
Lot 5 Lot 25
THE VILLAGES OF LA'I'OPUA
PHASE I
Fil@ PIQR Z~ Z8 REDUCED
LO~ 3Q NOT TO SCALE
''°8 "-z27(ee) Kealakehe. North Konc. Islartd of Hawoli. Hawaii
c' Seale:' 1 inch ~ 200 feet
T~ 7-4-zr sLIRYEY olvisioN
DEPARTMEM OF ACCOUNTING AND GENERAL SERVICES
STATB OF HAWAII
[YRV[l' OIVI[ION
O[r{ 0/ AGCOYNTINO AND OIW[RAL •[RVICp
e.as..22.505 October 2, 1996
THE VILLAGES OF LA'I'OPUA
- - PHASE 1 - _
File Plan 2128
LOT 32
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakeha
Beginning az the southwest coma of this parcel of land and az the
northwest corms of Lot 33 ~ The Villages of La'i'optu, Phase 1 as shown on File
Plan 2128, the coordinates of said point of beginning refund to Government Survry
Triangulation Station 'KEAHUOLU' being 7520.76 feet North and 9962.75 feet
East, thence running by azimuths mt~sured clockwise from True South:
1. Along Kealakehe High School Site, Governor's Eucutive Ordu 3662 and Lots
30 and 14 of The Villages of La'i'opua,
Phase 1 as shown on File Plan 2128 on a
curve to the right with a radius of 2040.00
feet, the chord azimuth and distance being:
l6T 26' 30' 582.51 feet;
2. 175° 39' 536.22 feet along Lot l4 of The Villages of
La'i'opua, Phase t as shown on File Plan
2128;
3. Thence along Lot l4 of The Villages of La'i'opua, Phaze l as shown on File Plan
2128 on a curn to the left with a radius of
660.00 feet, the chord azimuth and
distance being:
153° 21' 30° 500.70 feet;
FJCHIBIT G
-1-
22,505 October 2, 1996
Cit. Mw
4. 131• 04' 49.31 feet along Lot 14 of The Vllaga of
La'i'opua, Phase 1 u shown on File Plan
2128;
S. 41• 04' 21.00 feet along Lot 14 of The Villages of
La'i'opua, Phase 1 as shown on File Plan
2128;
6. 131° 04' 27.00 feet along Lot 14 of The vllaga of
La'i'optu, Phase 1 as shown on File Plan
2128;
7. 221° 04' 21.00 feet along Lot l4 of The Yllaga of
' La'i'opua, Phase 1 as shown on File Plan
2128;
8. l31° 04' 72.65 feet along lot 14 of The Yllaga of
La'i'opua, Phase 1 as shtrwrt on File Plan
2128;
9. Thence along Lot 14 of The Yllaga of La'i'opua, Phase 1 as shown on File Plan
2128 on a turn to the left with a radius of
30.00 feet, the chord azimuth and distance
' being:
86° 50' 06.3' 41.85 feet;
10. Thcnce along Lot 29 of The ~llaga of La'i'opua, Phase 1 as shown on File Plan
2128 on a turn to the left with a radius of
2580.00 fat, the chord azimuth and
distance being:
221• 23' 30.3' 109.12 feet;
11. 310° 10' 48' 10.00 fces along Lot 29 of The vllaga of
La'i'opua, Phase 1 as shown on File Plan
2128;
12. Thence along Lot 29 of The Yllages of La'i'opua, Phase 1 as shown on File Plan
2128 on a turn to the left with a radius of
2590.00 feet, the chord azimuth and
distance being:
219° 40' 18.7' 45.94 feet;
-2-
c
22,505 October 2, 1996
csr.
13. 'thence along Lot 17 of The Ytllages of Ia'i'opua, Phue L u shown on Fle Plan
2128 on a curve to the left with a radius of
30.00 fee[, the chord azimuth and durance
being:
355• 06' 54.7• 41.72 fcet;
14. 311• 04' 139.47 feet along Lot l7 of The Yllages of
_ _ Ca'i'opua, Phase 1 u shown on Fle Plan_
2128;
L5. Thence along Lot 17 of The Yllages of La'i'opua, Phase 1 u shown on Fle Plan
2128 on a turn to the right with a radius
of 757.00 feet, the chord azimuth and
distance being:
329• 16' 4'72.88 feet;
l6. 77° 28' 17.00 feet along Lot 17 of The Yllages of
Ia'i'opua, Phase 1 u shown on File Plan
2128;
17. Thence along Lot 17 of The Yllages of La'i'opua, Phase 1 u shown on file Plan
2128 on a turn to the right with a radius
of 740.00 feet, the chord azimuth and
distance being:
351• 33' 30' 105.66 feet;
18. 355° 39' 104.22 feet along Lot 17 of The Yllages of
La'i'opua, Phase 1 u shown on Isle Plan
2128;
19. 265° 39' 17.00 feet along Lot 17 of The Villages of
La'i'opua, Phase 1'u shown on Fle Plan
2128;
20. 355° 39' 432.00 feet along Lot 17 of The Yllagu of
La'i'opua, Phase l as shown on File Plan
2128;
21. Thence along Lot 17 of The Yllages of La'i'opua, Phase 1 u shown on Fle Plan
2128 on a corn to the left with a radius of
1943.00 feet, the chord azimuth and
distance being:
347° 26' 30• 554.82 feet;
-3-
• ~ f
22,505 October 2, 1996
e.a.r. w.
22. 69° 14' 9'1.00 feet along Lot 33 of The Villages of
La'i'opua, Phase l as shown on File Plan
2128 to the point of beginning and
rnntaining an AREA OF 4.024 ACRES.
SURVEY DMSION
DEPARTMEM OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
ey: ~,G._ ~
seph M. Matsuno
Land Surveyor gm
Compiled flour F.P. 2128.
TMK: 7.421
-4-
'I
R. 219'46'ttl.T 46.94
' •309'os,~za9o
J/p~ _9•i~ ~ , 33506'34.T 41.72
0' ~ R~30.00
+i8'= .
12. 3 t 1'04' 139.47
zsed~
_ ~
.qp *e-
R' J/ /
~ J'•,
~ , , ~'a~e. •
- ~ aa' ' ~g `,J~ _ Lot 17
~ Z~~ my h ~ 8 . ~ fj~.
b~ = N 3 3. 77'28' ,7.00
ryry. ~ N ~ , ~O ~ JS 1'33'30' 103.60
4~
y 33539' 104.22
~6~ I 26539' 17.00
0~
`rc, `ro.
THE VILLAGES OF \ \ lA'I'OPUA
PHASE 1 ~
Fiie Plan 2128 `r~+d, ~ p?0~ ,,I'
Lot 14 $ a~~ 9~
tR
LOT 32
4.024 ACRES
Easement 3 ' ~ '•`r~ ~r
/or Electrical Purposes ;s', 6~~SP
b4
Lot 13 ~,o~ ~
7520.76 N
F, 22~w1 'KEAF
7UOU! L1 ~o
~GS~ Lot 12 \ J
KEAUKEHE HNiN SCFI001. SITE .off ~ J
Covemors ExewWe order 3662 °C~•,°'f
(C.S.F 22.231 j ~~p\ ~'4~\
THE VILLAGES OF LA'I'OPUA
PHASE I 3
Fi(e Plcrt 228 REDUCED
LOT 32 NOT TO SCALE
,toe M-227(96) Kealakehe, North Kona, Island of Hawaii, Hawaii
~ Scale: t inch ~ 200 feet E~CHIBIT H
r~x u,w ~-a-2t SURVEY DMSION
DEPARTIAENT OF ACCQUNTiNG AND GENERAL SERVICES
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nae aRro1NAt or Tilt ooclrrwea
) RKORDlD AS FOLLOWS
STAT! OF HAWAII
) BUREAU OF CONVEYANCES
~.R~ 1 N 18 199T Tul• 7_ :15 PM
eocuueNr No 97-080503
_ LAND COURT SYSTEM 1 REGULAR SYSTEM
Return by Mail ( ) Pickup (~C ) To:
DEPT. OF LAND AND NATURAL RESOURCES
LAND DIVISION
Tntal Pages' 1 1
Tax Map Key No. (3) 7-4-20: por. 07
GRANT OF NON-EXCLUSIVE EASEMENT
THIS 'INDENTURE, made and entered into this ds~'
day of ~~~1 , 19~'L, by and between the STATE OF
HAWAII, by its Board of Land and Natural Resources, hereinafter
referred to as the "Grantor," and COUNTY OF HAWAII, a body
politic and corporate of the State of Hawaii, whose address is
25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to
as the "Grantee."
WITNESSETH THAT:
The Grantor, for good and valuable consideration, the
receipt of which is hereby acknowledged, and of the terms,
conditions, and covenants herein contained, and on the part of
the Grantee to be observed and performed, does hereby grant
unto the Grantee, the following non-exclusive and perpetual
easement rights:
Right, privilege and authority to reconstruct,
maintain, and repair a sanitary sewer easement and an
access and utility easement within the "Villages of
La'i'opua Master Planned Community Project"
in, over, under and across those certain parcels of land
situate at Kealakehe, North Kona, Island of Hawaii, Hawaii,
being identified as follows:
DEPARTMENT Of LAND AND NATl1RAL RES Dl1RCEe
DIVIRIDN Of LAND MANADEM[NT
o. sox aal
NONOLLIL U. HAWAII O~~O~
? `
A. "PERPETUAL NON-EXCLUSIVE SANITARY SEWER EASEMENT," being a
portion of the Government Land of Kealakehe, being also
all of Easement 1 of the Villages of La'i'opua, Phase 1 as
shown on File Plan 2128 filed in the Office of the Bureau
of Conveyances of the State of Hawaii affecting Lot 25 and
containing an 'area of 46,262 square feet, more
particularly described in Exhibit "A" which is attached
hereto and made a part hereof, said exhibit being a survey
description prepared by the Survey Division, Department of
Accounting and General Services, State of Hawaii,
designated C.S.F. No. 22,511 and dated October 2, 1996;
and
B. "PERPETUAL NON-EXCLUSIVE ACCESS AND UTILZTY EASEMENT,"
being a portion of the Government Land of Kealakehe, being
also all of Easement 2 of Kealakehe Parkway, Phase 1 as
shown on File Plan 2067 filed in the Office of the Bureau
of Conveyances of the State of Hawaii affecting Lots 1 and
2 and containing an area of 34,052 square feet, more
particularly described in Exhibit "B" which is attached
hereto and made a part hereof, said exhibit being a survey
description prepared by the Survey Division, Department of
Accounting and General services, State of Hawaii,
designated C.S.F. No. 22,510 and dated October 2, 1996,
TOGETHER WITH the rights of ingress and egress to and from
the easement areas for all purposes in connection with the
rights hereby granted.
TO HAVE AND TO HOLD the easement rights unto the
Grantee, its successors and assigns, in perpetuity, SUBJECT,
HOWEVER, to the following terms, conditions and covenants:
1. The Grantee, its officers, agents, employees,
consultants, and/or contractors, or persons acting for, and on
its behalf, shall at all times with respect to the easement
areas use due care for public safety and agrees to indemnify,
defend, and hold the Grantor harmless from and against any
claim or demand for loss, liability, or damage, including
claims for bodily injury, wrongful death, or property damage,
arising out of or resulting from: 1) any act or omission on
the part of the Grantee relating to the Grantee's use,
occupancy, maintenance, or enjoyment of the easement areas; 2)
any failure on the part of the Grantee to maintain the easement
areas and sidewalks, roadways and parking areas adjacent
thereto in the Grantee's use and control, and including any
accident, fire or nuisance, growing out of or caused by any
failure on the part of the Grantee to maintain the easement
area in a safe condition; and 3) from and against all actions,
suits, damages, and claims by whomsoever brought or made by
reason of the Grantee's non-observance or non-performance of
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any of the terms, covenants, and conditions of this grant of
non-exclusive easements or the rules, regulations, ordinances,
and laws of the federal, state, municipal or county governments.
2. The Grantor reserves unto itself, its successors
and assigns, the !till use and enjoyment of the easement areas
and to grant to others rights and privileges for any and all
purposes affecting the easement areas, provided, however, that
the rights herein reserved shall not be exercised by the
Grantor and similar grantee(s) in any manner which interferes
unreasonably with the herein Grantee in the use of the easement
areas for the purposes for which this easement is granted.
3. All improvements placed in or upon the easement
areas by the Grantee shall be done without cost or expense to
the Grantor and shall remain the property of the Grantee and
may be removed or otherwise disposed of by the Grantee at any
time; provided, that the removal shall be accomplished with
minimum disturbance to the easement areas which shall be
restored to their original condition, or as close thereto as
possible, within a reasonable time after removal.
4. Upon completion of any work performed in or upon
the easement areas, the Grantee shall remove therefrom all
equipment arld unused or surplus materials, if any, and shall
leave the easement areas in a clean and sanitary condition
satisfactory to the Grantor.
5. This easement or any rights granted herein shall
not be sold, assigned, conveyed, leased, mortgaged, or
otherwise transferred or disposed of, directly or by operation
of law, except with the prior written consent of the Grantor.
6. The Grantee, its officers, agents, employees,
consultants and/or contractors, or persons acting for, or on
its behalf, shall keep the easement areas and the improvements
thereon in a safe, clean, sanitary, and orderly condition, and
shall not make, permit or suffer, any waste, strip, spoil,
nuisance or unlawful, improper, or offensive use of the
easement areas.
7. Should future development necessitate relocation
of the easements granted herein, or any portion thereof, the
relocation shall be accomplished at the Grantee's own cost and
expense; provided, however, that if other lands of the Grantor
are available, the Grantor will grant to the Grantee without
payment of any monetary consideration, substitute easements of
similar width within the reasonable vicinity of the original
alignments, which substitute easements shall be subject to the
same terms and conditions as that herein granted and as
required by law.
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( I
8. The Grantee covenants, for itself, its
successors and assigns, that 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.
9. The Grantee, its officers, agents, employees,
consultants and/or contractors, or persons acting for, or on
its behalf, in the exercise of the rights granted herein, shall
comply with all of the requirements oP the federal, state, and
county authorities and shall observe all county ordinances and
state and federal statutes, rules and regulations, now in force
or which may hereinafter be in force.
10. These easement rights shall cease and terminate,
and the easement areas shall revert to the Grantor, without any
action on the part of the Grantor, in the event of non-use or
abandonment by the Grantee of the easement areas, or any
portion thereof, or if the easement areas are not used for the
specific purpose for which granted, for a consecutive period of
one (1) year.
11: The Grantee shall, upon termination and/or
revocation of this easement, peaceably deliver unto the Grantor
possession of the premises, together with all improvements
existing or constructed thereon or Grantee shall remove such
improvements and shall restore the premises to its original
state, or as close thereto as possible, within a reasonable
time and at the expense of the Grantee, at the option of the
Grantor. blirthermore, upon the termination and/or revocation
of this easement, should the Grantee fail to remove any and all
of Grantee's personal property from the premises, after notice
thereof, the Board may remove any and all of Grantee's personal
property from the premises, and either deem the property
abandoned and dispose of the property or place the property in
storage at the cost and expense of Grantee and the Grantee does
agree to pay all costs and expenses for disposal, removal, or
storage of the personal property. This provision shall survive
the termination of the easement.
12. In case the Grantor shall, without any fault on
its part, be made a party to any litigation commenced by or
against the Grantee as a result of this grant of non-exclusive
easements (other than condemnation proceedings), the Grantee
shall pay all costs, including reasonable attorney's fees and
expenses incurred by or imposed on the Grantor; furthermore,
the Grantee shall pay all costs, including reasonable
attorney's fees and expenses, which may be incurred by or paid
by the Grantor in enforcing the covenants and conditions of
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this grant o! non-exclusive easements, or in the collection of
delinquent rental, fees, taxes, and any and all other
applicable charges attributed to said easement areas.
13. The Grantee shall not cause or permit the
escape, disposal o~ release of any hazardous materials except
as permitted by law. Grantee shall not allow the storage or
use of such materials in any manner not sanctioned by law or by
the highest standards prevailing in the industry for the
storage and use of such materials, nor allow to be brought onto
the easement area any such materials except to use in the
ordinary course of Grantee's business, and then only after
written notice is given to Grantor o! the identity of such
materials and upon Grantor's consent which consent may be
withheld at Grantor's sole and absolute discretion. Zf any
lender or governmental agency shall ever require testing to
ascertain whether or not there has been any release of
hazardous materials by Grantee, then the Grantee shall be
responsible !or the reasonable costs thereof. In addition,
Grantee shall execute affidavits, representations and the like
from time to time at Grantor's request concerning Grantee's
best knowledge and belief regarding the presence oP hazardous
materials on the easement areas placed or released by Grantee.
Thy Grantee agrees to indemnify, defend, and hold
Grantor harmless, lrom any damages and claims resulting from
the release of hazardous materials on the easement areas
occurring while Grantee are in possession, or elsewhere if
caused by Grantee or persons acting under Grantee. These
covenants shall survive the expiration or earlier termination
of this easement.
For the purpose of this easement „hazardous material"
shall mean any pollutant, toxic substance, hazardous waste,
hazardous material, hazardous substance, or oil as defined in
or pursuant to the Resource Conservation and Recovery Act, as
amended, the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended, the Federal Clean
Water Act, or any other federal, state, or local environmental
law, regulation, ordinance, rule, or by-law, whether existing
as of the date hereof, previously enforced, or subsequently
enacted.
14. Time is of the essence in this agreement and if
the Grantee shall abandon the premises, or if this easement and
premises shall be attached or taken by operation of law, or if
any assignment is made of the Grantee's property for the
benefit of creditors, or if Grantee(s) shall fail to observe
and perform any of the covenants, terms, and conditions
contained in this easement and on its part to be observed and
performed, and this failure shall continue for a period of more
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than sixty (60) calendar days after delivery by the Grantor of
a written notice of breach or default, by personal service,
registered mail or certified mail to the Grantee at its last
known address and to each mortgagee or holder oP record having
a security interest in the premises, the Grantor may, subject
to the provisions b! Section 17.1-21, Hawaii Revised Statutes,
at once re-enter the premises, or any part, and upon or without
the entry, at its option, terminate this easement without
prejudice to any other remedy or right of action for any
preceding or other breach of contract; and in the event of
termination, at the option of Grantor, all improvements shall
remain and become the property of the Grantor or shall be
removed by Grantee.
15. The Grantor reserves the right to withdraw the
easement for public use or purposes, at any time during this
grant of easement upon the giving of reasonable notice by the
Grantor and without compensation.
16. The Grantee shall not mortgage, hypothecate, or
pledge the premises, any portion, or any interest in this
easement without the prior written approval of the chairperson
and any mortgage, hypothecation, or pledge without the approval
shall be null and void.
17. In the event the Grantor seeks to forfeit the
privilege, interest, or estate created by this easement, each
recorded holder of a security interest may, at its option, cure
or remedy the default or breach within sixty (60) calendar
days, from the date of receipt of the Grantor's notice, or
within an additional period allowed by Grantor for good cause,
and add the cost to the mortgage debt and the lien of the
mortgage. Upon failure of the holder to exercise its option,
the Grantor may: (a) pay to the holder from any moneys at its
disposal, including the special land and development fund, the
amount of the mortgage debt, together with interest and
penalties, and secure an assignment of the debt and mortgage
from the holder or if ownership of the privilege, interest, or
estate shall have vested in the holder by way of foreclosure,
or action in lieu thereof, the Grantor shall be entitled to the
conveyance of the privilege, interest, or estate upon payment
to the holder of the amount of the mortgage debt, including
interest and penalties, and all reasonable expenses incurred by
the holder in connection with the foreclosure and preservation
of its security interest, less appropriate credits, including
income received from the privilege, interest, or estate
subsequent to the foreclosure; or (b) if the property cannot be
reasonably reassigned without loss to the State, then terminate
the outstanding privilege, interest, or estate without
prejudice to any other right or remedy for any preceding or
other breach or default and use its best efforts to redispose
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of the affected land to a qualified and responsible person tree
and clear of the mortgage and the debt secured; provided that a
reasonable delay by the Grantor in instituting or prosecuting
its rights or remedies shall not operate as a waiver of these
rights or to deprive it of a remedy when it may still otherwise
hope to resolve the problems created by the breach or delault.
The proceeds of any redisposition shall be applied, first, to
reimburse the Grantor for costs and expenses in connection with
the redisposition; second, to discharge in full any unpaid
purchase price or other indebtedness owing the Grantor in
connection with the privilege, interest, or estate terminated;
third, to the mortgagee to the extent of the value received by
the State upon redisposition which exceeds the fair market
value of the land as previously determined by the State's
appraiser; and lourth, to the owner of the priv.lege, interest,
or estate.
18. All consultants and contractors hired by the
Grantee, and other agents of the Grantee who are not considered
to be employees of the Grantee and/or the State of Hawaii,
shall procure, at their own cost and expense, and maintain in
full force and effect while performing any contractual work on
the premises, a policy or policies of comprehensive public
liability insurance, in an amount of at least $500,000 combined
single limit and at least $1,000,000 aggregate from an
insurance company or companies authorized and licensed to do
business in the State o! Hawaii, insuring the State of Hawaii
and the Grantee against all claims of personal injury, death
and property damage. The policy or policies of insurance shall
name the State of Hawaii as an additional insured and shall
cover the entire premises, including all buildings,
improvements, and grounds, and all roadways or sidewalks on or
adjacent to the premises in the control or use of the Grantee.
The initial certificate(s) of insurance and like certificate(s)
upon each renewal of such insurance policy or policies shall be
furnished to the Department of Land and Natural Resources, and
each such certificate shall contain or be accompanied by an
assurance from the insurer(s) to notify the State o! Hawaii of
its/their intention to cancel such insurance policy or policies
sixty (60) calendar days prior to the actual cancellation date.
19. Grantee shall not construct, place or maintain
any building or structure over and upon the easement areas.
20. The Grantee shall comply with all applicable
federal and state environmental impact regulations.
21. The Grantee, its officers, agents, employees,
consultants and/or contractors, or persons acting for, or on
its behalf, shall be responsible for clearing and removing all
materials and debris generated during and resulting from any
work performed on or within the premises covered by this grant
of easement.
22. In the event any unanticipated sites or remains
such as shell, bone, or charcoal deposits, human burials, rock
or coral alignments, pavings, or walls are encountered on the
premises, the Grantee shall stop work immediately and contact
the State Historic Preservation Division in Honolulu at (808)
587-0047.
23. This easement is subject to Governor's
concurrence, which was granted on November 7, 1996.
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 the parties hereto have caused this Indenture to be
executed as of the day, month, and year first above written.
STATE OF HAWAII
Approved by the Board of By ~
Land and Natural Resources Chairperson and M mb r
at its meeting held on Board of Land and
August 23, 1996. Natural Resources
GRANTOR
APPROVED AS TO FORM:
r
Deputy Attorney Generalff/ ;la~~
COUNTY OF HAWAII
Dated: ~ .l
~.l"~~-`
BY
s Mayor
GRANTEE
APPROVED AS TO FORM
AND LEGALITY: l '
Depu Corporation Counsel
Dated: APR 2 4 1997,
2639(7)
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STATE OF HAWAII )
Ss:
COUNTY OF HAWAII )
On this a5'~ day of Awr,l , 19 97 ,
before me, e' the undersigned Notary
Public, perso ally appeared STEPHEN K. YAMASHIRO, 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 foregoing instrument is the corporate seal of said COUNTY
OF HAWAII; that the foregoing instrument was signed and
sealed on behalf of 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
STEPHEN K. YAMASHIRO acknowledged said instrument to be the
free act and deed of said COUNTY OF HAWAII.
ale;
Nota y Public, State of Hawaii
My commission expires: ~ 16 deal
C•S.
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STATE OF HAWAII
~ lfURV[Y ~DIVIDiON
22,S1I DEPT. OP ACCOUNTING AND O<N[RAL sCRVICI[!
C.f.?. Ne- NoNOWW October 2, 1996
PERPETUAL NON-EXCLUSIVE
SANITARY SEWER EASEMENT
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakehe.
Being also all of Easement 1 of the Villages of La'i'opua, Phase 1
as shown on File Plan 2128 Sled in the Office of the Bureau of
Conveyances of the State of Hawaii affecting Lot 25 and containing
an AREA OF 46,262 SQUARE FEET.
SURVEY D[VTSION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
By:
seph M. Matsuno
Land Surveyor g7fl
Compiled from F.P. 2128 and
Govt. Survey Records.
TMK: 7-4-20:Pbc 7
EXHIBIT "A"
' "
• . ~
• ~.4
STATE OF HAWAII
suRVSr arv~sioN
„2.510 O6rr. Or ACGOUNTINO ANO OCN[RAL 3[RVICSB
,a,,o~„~„ October 2, 1996
PERPETUAL NON-EXCLUSIVE
ACCESS AND UTILITY EASEMENT
Kealakehe, North Kona, Island of Hawaii, Hawaii
Being a portion of the Government Land of Kealakehe.
Being also all of Easement 2 of Kealakehe Parkway, Phase 1 as
shown on File Plan 2067 61ed in the Office of the Bureau of
Conveyances of the State of Hawaii affecting Lots 1 and 2 and
containin6 an AREA OF 34,052 SQUARE FEET.
SURVEY DIVISION
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES
STATE OF HAWAII
Br
seph M. Matsuno
Land Surveyor gm
Compiled from F.Ps. 2067,
2128 and Govt. Survey
Records.
TMK: 7~-20:Pbr. 7
EXHIBIT "B'•