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HomeMy WebLinkAboutRES 392 Draft 01 2008-2010 COUNTY OF HAWAII - +N� ' ! 1 • : STATE OF HAWAII RESOLUTION NO. 392 10 RESOLUTION ACCEPTING THE GRANT OF EASEMENT FROM BISHOP ESTATES FOR PUBLIC ACCESS PURPOSES. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, BISHOP ESTATES is the owner of Tax Map Key: (3) 5 -5- 005:004, 005, 017 and (3) 5 -6- 001:027, situated in Kokoiki, Pu'uepa 2nd and `Upolu, District of North Kohala, County and State of Hawaii; and WHEREAS, the County of Hawai`i would like to acquire public access to the shoreline, Mo`okini Heiau, Kamehameha I Birthsite and Mo`okini Educational Center; and WHEREAS, BISHOP ESTATES is desirous of granting the County of Hawai`i easements, which easements are more particularly described and delineated in Exhibit "1" attached hereto as a Grant of Public Access Easements; and WHEREAS, Article XIII, Section 13 -12 of the Hawai`i County Charter, provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of money, securities or other personal property or of real estate or any interest in real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13 -12 of the Hawai`i County Charter, the County of Hawai`i accepts the grant of Easements described and delineated in Exhibit "1" attached hereto, from BISHOP ESTATES. -1- BE IT FINALLY RESOLVED that the Clerk of the County of Hawai'i is directed to transmit copies of this Resolution to: The Honorable William P. Kenoi, Mayor of the County of Hawai`i; Bobby Jean Leithead Todd, Director of the County of Hawai`i Planning Department; Warren Lee, Director of the County of Hawai`i Department of Public Works; Lincoln Ashida, Corporation Counsel for the County of Hawai`i; Amy G. Self, Deputy Corporation Counsel for the County of Hawai`i; Steven S.C. Lim, Carlsmith Ball LLP, 121 Waianuenue Avenue, Hilo, Hawai`i 96720; and the Trustees of the Estate of Bernice Pauahi Bishop, 567 South King Street, Suite 200, Honolulu, Hawai`i 96813. Dated at Kona , Hawai`i, this 21st day of September , 2010. INTRODUCED BY: i� .../_■ /�� ` yam F C 7 MBER, , TY OF HAWAII ei COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawai`i ENRIQUES X FORD X I hereby certify that the foregoing RESOLUTION was by GREENWELL X the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN County of Hawai`i on September 21, 2010 X IKEDA X NAEOLE - BEASON X ATTEST: ONISHI X YAGONG X YOSHIMOTO X \ 9 0 0 0 Reference: C- 942 /Waived PWII COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 392 10 -2- LAND COURT REGULAR SYSTEM Return By Mail Pick -Up I To: STEVEN S.C. LIM CARLSMITH BALL LLP 121 Waianuenue Avenue TOTAL NUMBER OF PAGES: 31 Hilo, HI 96720 TITLE OF DOCUMENT: GRANT OF PUBLIC ACCESS EASEMENTS PARTIES TO DOCUMENT: GRANTOR: DIANE JOYCE PLOTTS, CORBETT AARON KAMOHAIKIOKALANI KALAMA, JAMES DOUGLAS KEAUHOU ING, CHARLES NAINOA THOMPSON and MICAH A. KANE, Trustees of the Estate of Bernice Pauahi Bishop, whose principal place of business and mailing address is 567 South King Street, Suite 200, Honolulu, Hawaii 96813 GRANTEE: COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720 TAX MAP KEY (3) 5- 5- 005:portion 004, portion 005 and portion 017, and 5- 6- 001:portion 027 Affects TCT 775,210 4812 - 8874 - 2918/06/08/10 EXHIBIT 1 GRANT OF PUBLIC ACCESS EASEMENTS THIS GRANT OF PUBLIC ACCESS EASEMENTS is made this day of , 20 , by and between DIANE JOYCE PLOTTS, CORBETT AARON KAMOHAIKIOKALANI KALAMA, JAMES DOUGLAS KEAUHOU ING, CHARLES NAINOA THOMPSON and MICAH A. KANE, Trustees of the Estate of Bernice Pauahi Bishop, whose principal place of business and mailing address is 567 South King Street, Suite 200, Honolulu, Hawaii 96813, hereinafter called "Grantor ", and the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called "Grantee ". WITNESSETH: WHEREAS, the parcels of real property addressed in this instrument are situated at Kokoiki, Puuepa 2nd and Upolu, District of North Kohala, County and State of Hawaii, (collectively the "Project ") and are further described as follows: 1. Lot 13 (containing an area of 99.812 acres) being a portion of Grant 2534 to Pahiha, and Grant 735 to Pahiha, being further identified as Tax Map Key No.: (3) 5 -5- 005:017; 2. Lot 18 (containing an area of 26.693 acres) as shown on Map 2, Land Court Application 1120, being further identified as Tax Map Key No.: (3) 5 -5- 005:005, and duly noted on Transfer Certificate of Title No. 775,210; 3. A portion of Grant 2508 to Kuamoo (containing an area of 35.595 acres) being further identified as Tax Map Key No.: (3) 5 -5- 005:004; and 4. Abandoned Railroad right -of -way, being a portion of Grant 5089 to Trustees, B.P. Bishop Estate, being further identified as Tax Map Key No. 5 -6- 001:027. WHEREAS, pursuant to the provisions of Hawaii Revised Statutes Section 46 -6.5 relating to Public Access, the County of Hawaii has adopted Hawaii County Code Chapter 34 (Public Access), which provides for implementation of public access over private property in appropriate locations to the ocean, shorelines and mountain areas by requiring dedication of land for such public rights -of -way by fee or easement as a condition precedent to final subdivision approval or the issuance of a building permit for a multiple - family development where adequate public access is not already provided, including provisions requiring the -2- County of Hawaii to be responsible for all improvement costs, liability and maintenance issues. WHEREAS, in order to assure that public access is provided within the Project to and along designated shoreline access areas, the Grantor and the Grantee hereby agree to be bound by, and to encumber the real properties identified and depicted on Exhibit A attached hereto and incorporated by reference herein, by dual recordation of this Grant of Public Access Easements in the Bureau of Conveyances of the State of Hawaii and filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii. WHEREAS, pursuant to Kohala Corp. v. Kamoe, et al.; Civil No. 5466, Circuit Court of the Third Circuit, Surety Kohala Corporation v. Rickard, Civil 00 -1 -0474, Circuit Court of the Third Circuit, and Section B of the April 4, 2002 Settlement Agreement for Board of Appeals No. 01 -25 and Subdivision Application No. 2000 -209 (SUB -7598) of applicant Surety Kohala Corporation, entered into by and between Surety Kohala Corporation, a Hawaii corporation, Grantor's predecessor -in- interest, and Grantee, the recordation of this Grant of Public Access Easements at the Bureau of Conveyances of the State of Hawaii and filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii shall constitute full and final compliance with all public access requirements for the lands of the Project of Section 46 -6.5, Hawaii Revised Statutes (HRS), Chapter 205A, HRS, Chapter 343, HRS, Ala Loa, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage, provided however, that if any of the tax key parcels identified in Exhibit A attached hereto are proposed for subdivision or other uses and activities proposed in the Special Management Area, the County may require further public access over the Project tax key parcels subject to those requirements. NOW, THEREFORE, Grantor and Grantee agree as follows: THAT THE Grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) paid by Grantee, the receipt whereof is hereby acknowledged, and in further consideration of the covenants and conditions herein contained by Grantee to be observed and performed, does hereby bargain, sell, assign and grant unto the said Grantee, and its successors and assigns, perpetual and nonexclusive right and easement in, upon, through, over, under and across portions of the Project for vehicular and pedestrian public access purposes as depicted on Exhibit A, including without limitation, the construction, - 3 - reconstruction, installation, maintenance, operation, replacement and repair of improvements constructed for said purposes (collectively "Easement Area "), as follows: Vehicular Public Accesses 1. Easement 2, being 20 feet wide, for vehicular public access purposes (containing an area of 2.953 acres) affecting a portion of Grant 2534 to Pahiha and Grant 735 to Pahiha, being further identified as TMK: (3) 5 -5- 005:017 (por.), as more particularly described in Exhibit 1 and depicted on Exhibits A and 2, attached hereto and incorporated by reference herein; 2. Easements 99 and 100, for vehicular public access purposes (containing an area of 0.026 acre and 0.241 acre, respectively) as shown on Map 74, Land Court Application No. 1120, being further identified as TMK: (3) 5 -5- 005:005 (por.), as more particularly described in Exhibit 3 and depicted on Exhibits A and 4 attached hereto and incorporated by reference herein; 3. Easement 64, for vehicular public access purposes (containing an area of 0.524 acre) as shown on Map 64, Land Court Application No. 1120, being further identified as TMK: (3) 5 -5- 005:005 (por.), as more particularly described in Exhibit 5 and depicted on Exhibits A and 6, attached hereto and incorporated by reference herein; 4. Easement A, being 50 feet wide, for vehicular public access purposes (containing an area of 0.650 acre) affecting a portion of Grant 2508 to Kuamoo, being further identified as TMK: (3) 5 -5- 005:004 (por.), as more particularly described in Exhibit 7 and depicted on Exhibits A and 8, attached hereto and incorporated by reference herein; and 5. Easement, being 20 feet wide, for vehicular public access purposes (containing an area of 0.783 acre) affecting Railroad right -of -way, being a portion of Grant 5089 to Trustees, B.P. Bishop Estate, being further identified as TMK: (3) 5 -6- 001:027 (por.), as more particularly described in Exhibit 9 and depicted on Exhibits A and 10, attached hereto and incorporated by reference herein. Pedestrian Public Accesses 1. Easements PA -1, PA -2 and PA -3, being 10 feet wide, for pedestrian public access purposes (containing an area of 0.363 acre, 0.140 acre, and 0.014 acre, respectively,) affecting a portion of Grant 735 to Pahiha, being further identified as TMK: (3) 5 -5- 005:017 (por.), as more particularly described in Exhibits 11, 12 and 13 and depicted on Exhibits A and 14, attached hereto and incorporated by reference herein. -4- As used herein, the term "public access" shall mean and be limited to uses allowed by the public access usage regulations as provided in Planning Department Rule 21, Public Access: Usage. If portions of the sea cliff erode away, destroying the public access easements or making said easements hazardous, the public access easements must be relocated to a safe location in the immediate vicinity. Where the trails do not exist on the ground in the area of the desired pedestrian lateral public access, Grantor shall have no obligation to make trails. Nothing in this Grant of Public Access Easements shall amend, qualify or otherwise limit the following: (1) the liability protections given to the Grantor pursuant to Hawaii Revised Statutes Chapter 520, including without limitation the protections afforded in Section 520 -4(b), relating to Landowners' Liability; and (2) the liability protections given to the owners or operators of any business providing recreational activities to the public who obtain voluntary written release waivers for their patrons pursuant to the provisions of Hawaii Revised Statutes Section 663 -1.54 relating to Recreational Activity Liability. AND, Grantor and Grantee hereby covenant and agree as follows: 1. The Public Access Easements described hereinabove may be used by any members of the public having the right to use such Public Access Easements, subject to and upon the following terms and conditions: (a) Restrictions on Use. Public access will be open 24 -hours a day, seven (7) days a week, subject to time restrictions as determined by the Grantee pursuant to Planning Department Rule 21 It is intended that public access be utilized for non - commercial, recreational purposes, and does not include the right to overnight camping. The public access use of the Easement Area does not include skateboards and /or roller skates, motorized dirt bikes, all- terrain vehicles or similar -type motorized vehicles, or equestrian uses by horse, mule or other animal, unleashed dogs, and the lighting of fires. The Grantee and its successors and assigns will also have the right to control or prevent access to the public access easements in the event of a County or State declared emergency. (b) Maintenance and Control of the Public Access Easements. Other than the execution of this Grant of Public Access Easements and performance of the duties hereunder, the Grantor shall have no responsibility to maintain, control, implement or provide vehicular and pedestrian public accesses upon and through the Project. The Grantee shall be solely responsible for the management, maintenance and -5- control of all pedestrian and vehicular easements provided by this Grant of Public Access Easements 2. The Grantor and Grantee agree that this Grant of Public Access Easements is intended to comply with the objectives and policies relating to shoreline access set forth in Chapter 205A, as amended, of the Hawaii Revised Statutes. The Grantor and Grantee further agree that the use of the vehicular and pedestrian public access easements by the general public for the purposes permitted hereunder constitutes use for "recreational purposes" within the meaning of the Hawaii Recreational Use Statute, Hawaii Revised Statutes Chapter 520. 3. That Grantee and the members of the general public shall not use the Easement Area for any purpose not expressly permitted herein. 4. That if at any time the premises across which the rights and easements are hereby granted, or any part thereof, shall be condemned or taken by any governmental authority, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor, such compensation as is payable for the said rights and easements within the public access easements by Grantee, all of which shall be payable to Grantee. 5. The terms "Grantor" and "Grantee" wherever used herein shall include Grantor and Grantee and their respective heirs, devisees, personal representatives and assigns according to the context thereof. 6. All the terms, covenants and conditions of this Grant of Public Access Easements shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of Grantor and the successor and assigns of Grantee to the same extent as said terms, covenants and conditions inure to the benefit of and are binding upon Grantor and Grantee, respectively. 7. Upon the precondition that all applicable provisions of this Grant of Public Access Easements that benefit the Grantor and its successors and assigns are in full force and effect, and with 30 calendar days written notice to the Grantor, Grantee may assign its rights, obligations and duties under this Grant of Public Access Easements in whole or in part to the applicable department or agency of the State of Hawaii, County of Hawaii, and /or the United States of America. In the event of any such assignment, in whole or part, the Grantor and its -6- successors and assigns shall release the Grantee from its maintenance and liability obligations for the portion(s) so assigned. 8. This writing contains the entire agreement of the parties hereto concerning the subject matter hereof, and this Grant of Public Access Easements supersedes all other agreements and understanding (whether oral or written) heretofore or contemporaneously herewith made by the parties. 9. This instrument has been executed by or on behalf of the Trustees of the Estate of Bernice Pauahi Bishop in their fiduciary capacities as such Trustees, and not in their individual capacities. No personal liability or obligation under this instrument shall be imposed or assessed against said Trustees in their individual capacities. 10. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation, recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. 11. The parties agree that the person or company recording or arranging for the recordation of this instrument is authorized to complete any blanks contained in this instrument with the applicable number of pages, dates, and recordation information, whether before or after this instrument has been notarized by a notary public, and in no event shall completion of any such blanks be deemed an alteration of this instrument by means of the insertion of new content. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS -7- IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. Approved as to Content, Authority and TRUSTEES OF THE ESTATE OF BERNICE Compliance with KS Policy: PAUAHI BISHOP, as aforesaid Manager By: Name: Vice President/Director Their Attorney -in -Fact Approved as to Form: Legal Group By: Name: Retained Counsel Their Attorney -in -Fact "Grantor" COUNTY OF HAWAII, a municipal corporation By Its: Mayor AGREED AND ACCEPTED: By By Planning Director Department of Public Works Director County of Hawaii County of Hawaii Date: Date: Agreed as to Form and Legality By Deputy Corporation Counsel Date: -8- STATE OF HAWAII ) ) SS. CITY AND COUNTY OF HONOLULU ) On before me appeared , and , to me personally known, who being by me duly sworn, did say that they are two of the attorneys -in -fact for DIANE JOYCE PLOTTS, CORBETT AARON KAMOHAIKIOKALANI KALAMA, JAMES DOUGLAS KEAUHOU ING, CHARLES NAINOA THOMPSON, and MICAH A. KANE, Trustees of the Estate of Bernice Pauahi Bishop, duly appointed under Limited Power of Attorney effective as of September 1, 2009, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2009- , and in the Office of the Assistant Registrar of the Land Court of the State of Hawaii as Document No. ; and that the foregoing instrument was executed in the name and on behalf of DIANE JOYCE PLOTTS, CORBETT AARON KAMOHAIKIOKALANI KALAMA, JAMES DOUGLAS KEAUHOU ING, CHARLES NAINOA THOMPSON, and MICAH A. KANE as Trustees of the Estate of Bernice Pauahi Bishop, by such persons in their capacities as attorneys -in -fact; and they acknowledged the instrument to be the free act and deed of the Trustees of the Estate of Bernice Pauahi Bishop, as aforesaid. Signature: Name: Notary Public, State of Hawaii (Official Stamp or Seal) My commission expires: NOTARY CERTIFICATION STATEMENT Document Identification or Description: Grant of Public Access Easements Doc. Date: No. of Pages: [including exhibits] Jurisdiction: First Circuit Signature of Notary Date of Notarization and Certification Statement (Official Stamp or Seal) Printed Name of Notary STATE OF HAWAII ) ss. COUNTY OF HAWAII ) On this day of , 20 , before me personally appeared WILLIAM P. KENOI, 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 the County of Hawaii by authority given to said William P. Kenoi of the County of Hawaii by Section 5- 1.3(g) of the County Charter, County of Hawaii (1991), as amended; and said William P. Kenoi acknowledged said instrument to be the free act and deed of said County of Hawaii. [Notary Signature] Printed Name: My commission expires: (0 y 1 ,+ 14 1 695 .I g S '"-' -IO' w 20 rr �' J 7a ) , - EN U Asv A 7 3 5 * L G rant t�.l J I J � • 1 (sun Am) I ? 5 3 4 99.3,2 A0. / 2.76! AR 1 17 2a3o Pa:�v" - _ n _ a 1� 1532 6 ,� i cl L r 5 „ ~ 26. M. . 1 � por. Ld. Ct. App. 1120 "' ""` Ld. i 18 0.43 M. l Ij Jr Grant 0 2 5 0 8 • , 4.55 M. 12.722 Aa 21 ° 35,595 Ma. 1r 14 3 2 .. -- 4 _ �- �„• a ': ■ a• I • a/Mo F-91 ., el'sl''''Piptit' ` J x f C �L 15.P :f M.arlrari '4.. , J j 14.,, f 6 r � n A . 4"f9 fw Orrin 1 - ( � 0 . ,7 Ac ! 11' ( 1 `) z8 1 1 • 0 . t a ' lvtt 244 9 /0 g" 4 0 i Z 3 7, , AZ/ ��..• - . r 56 ...--- .. di _, , AG. /A G . Cviird Ci 1 '' G 'A ;IO1S' .,,AIA r Easement 2 For access purposes (20 Ft. Wide) Beginning at the east comer of this parcel of land, also being the north comer of Parcel 2 (Mo'okini Heiau) on the southerly boundary of R. P. 7730, L. C. Award 5368, Apana 5 to Akahi, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 NALE" being 20,924.07 feet north and 11,510.60 feet west and running by azimuths measured clockwise from true south: 1. 78° 31' 30" 27.39 feet along Parcel 2 ( Mo'okini Heiau); 2. 125° 25' 30" 621.58 feet; 3. 139° 30' 24.95 feet; 4. 70° 00' 26.13 feet; Thence along a curve to the left with a radius of 280.00 feet, the chord azimuth and distance being: 5. 47° 00' 218.81 feet; 6. 24° 00' 100.00 feet; Thence along a curve to the right with a radius of 620.00 feet, the chord azimuth and distance being: 7. 38° 30' 310.47 feet; 8. 53° 00' 150.00 feet; Thence along a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 9. 68° 16' 18" 79.02 feet; Thence along a curve to the left with a radius of 230.00 feet, the chord azimuth and distance being: 10. 73° 16' 18" 82.03 feet; 11. 63° 00' 110.00 feet; 1 of 5 EXHIBIT 1 f Thence along a curve to the left with a radius of 180.00 feet, the chord azimuth and distance being: 12. 53° 00' 62.51 feet; 13. 43° 00' 85.00 feet; Thence along a curve to the right with a radius of 220.00 feet, the chord azimuth and distance being: 14. 61° 00' 135.97 feet; 15. 79° 00' 55.00 feet; Thence along a curve to the left with a radius of 580.00 feet, the chord azimuth and distance being: 16. 65° 00' 280.63 feet; 17. 51° 00' 156.60 feet; 18. 307° 12' 582.51 feet; 19. 306° 19' 1,388.89 feet; 20. 196° 00' 153.49 feet; 21. 192° 00' .380.08 feet; Thence along a curve to the right with a radius of 450.00 feet, the chord azimuth and distance being: 22. 200° 00' 125.26 feet; Thence along a curve to the left with a radius of 620.00 feet, the chord azimuth and distance being: 23. 189° 30' 393.46 feet; Thence along a curve to the right with a radius of 440.00 feet, the chord azimuth and distance being: 24. 185° 00' 212.89 feet; 25. 199° 00' 199.84 feet; 2 of • r 26. 258° 31' 30" 23.21 feet along Parcel 2 (Mo'okini Heiau); 27. 19° 00' 211.61 feet; Thence along a curve to the left with a radius of 420.00 feet, the chord azimuth and distance being: 28. 5° 00' 203.21 feet; Thence along a curve to the right with a radius of 640.00 feet, the chord azimuth and distance being: 29. 9° 30' 406.15 feet; Thence along a curve to the left with a radius of 430.00 feet, the chord azimuth and distance being: 30. 20° 00' 119.69 feet; 31. 12° 00' 380.78 feet; 32. 16° 00' 161.60 feet; 33. 306° 19' 398.25 feet; 34. 74° 00' 25.27 feet; 35. 126° 19' 1,793.17 feet along Lot 18 of Land Court Application 1120 (Map 2 ); 36. 127° 12' 608.17 feet along Lot 18 of Land Court Application 1120 (Map 2 ); 37. 231° 00' 182.10 feet; Thence along a curve to the right with a radius of 600.00 feet, the chord azimuth and distance being: 38. 245° 00' 290.31 feet; 39. 259° 00' 55.00 feet; 3 of 5 • Thence along a curve to the left with a radius of 200.00 feet, the chord azimuth and distance being: 40. 241° 00' 123.61 feet; 41. 223° 00' 85.00 feet; Thence along a curve to the right with a radius of 200.00 feet, the chord azimuth and distance being: • 42. 233° 00' 69.46 feet; 43. 243° 00' 110.00 feet; Thence along a curve to the right with a radius of 250.00 feet, the chord azimuth and distance being: 44. 253° 16' 18" 89.16 feet; Thence along a curve to the left with a radius of 130.00 feet, the chord azimuth and distance being: 45. 248° 16' 18" 68.48 feet; 46. 233° 00' 150.00 feet; Thence along a curve to the left with a radius of 600.00 feet, the chord azimuth and distance being: 47. 218° 30' 300.46 feet; 48. 204° 00' 100.00 feet; Thence along a curve to the right with a radius of 300.00 feet, the chord azimuth and distance being: 49. 227° 00' 234.44 feet; 50. 250° 00' 40.00 feet; 51. 319° 30' 36.35 feet along R. P. 7730, L. C. Award 5368, Apana 5 to Akahi; 4 of 5 � 1 52. 305° 25' 30" 637.83 feet along R. P. 7730, L. C. Award 5368, Apana 5 to Akahi to the point of beginning and containing an area of 2.953 Acres. 4 4" UCENSEO cg PROFESSIONAL LANG + SURVEYOR ♦ % AP 4. No. 2671 tA • i . Jy vt.' RODNEY . KAWAMURA d i/ U • Licensed Professional Land Surveyor Certificate No. 2671 Revised: April 2, 2002 March 18, 2002 HILO ENGINEERING INC. 484 Kalanilcoa Street Hilo, Hawaii 96720 Tax Map Key: 3' Div. 5- 5- 05:Portions 02 & 17 5 of 5 . • . , • .. ................... I - „.... -.. • . • - 2: • tri' • .' '. ', / ... ( ... J I 1 , ,,,..' . 1 1 , . . . t -Ir l 0 • 42 S■ 1 : :. ‘----.....\0'4., • ';... .' i -.,. • t• I i Vt \ '..?., • 1 1 1 ° J I ' • d 1, '' ..-. 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A 4 kg , ' 11 I 0 : f■ rg r* - • -• - - EXHIBIT 2 ( EASEMENT 99 (20 feet wide) Easement 99, containing an area of 0.026 acre, as shown on Map 74, Land Court Application No. 1120, for access and utility purposes, as set forth in Land Court Order No. 169939, and duly noted on Transfer Certificate of Title No. 775,210. EASEMENT 100 (20 feet wide) Easement 100, containing an area of 0.241 acre, as shown on Map 74, Land Court Application No. 1120, for access and utility purposes, as set forth in Land Court Order No. 169939, and duly noted on Transfer Certificate of Title No. 775,210. EXHIBIT 3 ( "N '4 5, a. • O n # 7 Z a i • 1 o 0 I ; 5 t x e Y 0 Di , �� , c' I 0 1 � FF E+ z y'� z o * R � * p g 0 6 0 f 110 : i' iaf rg A 4. °0i 4, yI C Q 8 ig O II /el i ipL^t{ i N . O 01 ill I I thoe • __ i ,et ,. ,. L j \ \ • , 4 4.... ml I 8 -\ 1yL�Q�j y{� L_ _ ,i; 1 i e l /. \, .,.. 1 I 1 \ NI 11 Vi it 1 A \ d I id \ I/ gi I ., 1 n r p / , 1 A .;� �.l pa :if ,� � -I 'n y h ae ' i O as N 3 S � • , --,....„,,.....9,,, ffi •use b 5 fr • 1411 S u In �N r° EXH IBIT 4 ( EASEMENT 64 Easement 64, containing an area of 0.524 acre, as shown on Map 64, Land Court Application No. 1120, for access and utility purposes, as set forth in Land Court Order No. 150907, and duly noted on Transfer Certificate of Title No. 775,210. EXHIBIT 5 0 d �k) g Li) 't' P _ ...., i 1 ,. 0 z mo - IX .4 ,:f 1 i i tii al ; : e g f! I • S H a g v = 0 cQ J y :, 7 _ e a w a o 1 . . ^ I J „ ,, N V ` OS W 1 IA . 0 pQ 'A • r! 1 se ,_M m sa. 0 1 li N m 1 y . 1 -t N 1 E i 6 2 Sp G ▪ N I � 8 A4 co I � e 1 Q bo . ‘'\1 0 ■ i 8 o . $ g % � 02 o o s . 04h g \ $ � N N b N N n ' o d <.?' --. iqf 1. hh 14 * 44 91' EXHIBIT 6 • • EASEMENT A (50 Ft. Wide) for Access and Utility Purposes Affecting a Portion of Grant 2508 to Kuamoo Kokoiki, North Kohala, Island of Hawaii, Hawaii Beginning at the north corner of this parcel of land on the southwesterly boundary of Lot 18 of Land Court Application 1120 as shown on Map 2 and the northeasterly boundary of Grant 2508 to Kuamoo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 NALE" being 18,610.77 feet north and 12,023.34 feet west and • running by azimuths measured clockwise from true south: 1. 304° 21' 52.76 feet along Lot 18 of Land Court Application 1120 as shown on Map 2; Thence along a curve to the left with a radius of 775.00 feet, the chord azimuth and distance • being: • 2. 50° 18' 03" 86.95 feet; 3. 47° 00' 282.72 feet; Thence along a curve to the right with a radius of 805.00 feet, the chord azimuth and distance being: 4. 51° 08' 116.05 feet; 5. 55° 16' 79.68 feet; 6. 123° 39' 53.78 feet along Grant 5089 to Trustees, B. P. Bishop Estate; 7. 235° 16' 99.49 feet; Thence along a curve to the left with a radius of 775.00 feet, the chord azimuth and distance being: 8. 231° 08' 108.84 feet; 9. 227° 00' 282.72 feet; EXHIBIT 7 Thence along a curve to the right with a radius of 805.00 feet, the chord azimuth and distance istance 10. 229° 40' 54" 75.33 feet to the point of beginning and containing an area of 0.650 Acre. UCENSED 64 PROFESSIONAL LAND • SURVEYOR • :11 I - RO' NEY . KAWAMURA No. 2e» Q.' Licensed Professional Land Surveyor 9 I I U . Certificate No. 2671 Expiration Date: April 30, 2004 September 12, 2003 HILO ENGINEERING; INC. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3rd Div. 5- S- 05:Portion 04 • • l a • a 4 14°L°' • . 1... i l O N Y. 5Q rr sr e • Y �1 y N ` O O O 11. J Y i _0 O E % c \ Y �' • 4,1:. 3 q0 O tssl.' ff H Q D N I M• g + "i „ �y O a _ 6 4 ° v v I; G Q 0 0 .. # , �, w a :V ti `er M, W 7 `�` N s , ' t t C • e''--t' I 2 ♦ o-,1 a c 7 0 • - I o .. ; •...., \; —.we •.. •••• N. o rn I n r ° u z • 3 I D ` " : O a -6---- I d rn 1 r O I • ° i o . Q E l l o� goo {x� •...•......... G. U N Y ENO • _ / � .1 N o g1 ' 2 : i{ Q y P Y ii "1 I n a d E- ° 6 F Ia * o I O ° Q may' C� [. c7 - 8 ° fr ff Q i ° g 4 s 1` e ,, F c�o W ° ' o � i - - c a a a3 O w ouzo-A.18 awv1 • N oi l c o o E. - l m o .' a+ 0 y 9 . I n to •-'5--1 9 d a z O o a 0ti x� x 1 m c. o ^' s a `1 ' ' 0 ` z ♦aa 2 1 � 1 +- 0 r OY. c.D p v y , g I O O w n O ♦ g u I I u • ` 3 $ / v io-d I t 80 , A rlpultura ,,.....••.• -""' x " b:7 -1 - ..,.-..... � erval on 6 C� N _ u 4 ..... " _ ,•. bs�6_- -. O wit a y1 z g •NOLLH.I303A d0 3a13 ILI 8 8 e `) 3Nr73NOHS SMOTI03 b xM:04l10El f i gi a s I ti 2 y a 0i z if N Z i O g i ZO<< �• O� S 4 EXHIBIT 8 • EASEMENT (20 Feet Wide) for Access Purposes Affecting Railroad Right -of -Way Being a Portion of Grant 5089 to Trustees, B. P. Bishop Estate At Upolu, North Kohala, Island of Hawaii, Hawaii Beginning at the east comer of this parcel of land on the northeasterly boundary of Grant 5089 to Trustees, B. P. Bishop Estate and the southwesterly boundary of the coordinates of said point of beginning referred to Government Survey Triang at o St a on "PUU 0 NALE" being 18,217.68 feet north and 12412.43 feet east and Triangulation • measured clockwise from true south: �n8 by azimuths 1. 55° 16 ' 62.58 feet; Thence along a curve to the left with a radius of 754.49 feet, the chord azimuth and distance being: 2. 47° 58' 191.74 feet; 3. 40° 40' 908.20 feet; Thence along a curve to the left with a radius of 867.45 feet, the chord azimuth and distance stance 4. 34° 25 ' 188.87 feet; 5. 28° 10' 375.20 feet; 6. 180° 00' 42.37 feet along Government Land; 7. 208° 10' 337.84 feet; Thence along a curve to the right with a radius of 887.45 feet, the chord azimuth and distance being: 8. 214° 25' 193.23 feet; 9. 220° 40' 908.20 feet; 1 of 2 EXHIBIT 9 Thence along a curve to the right with a radius of 774.49 feet, the chord azimuth and distance being: 10. 227° 58' 196.82 feet; 11. 235° 16' 50.69 feet; 12. 303° 39' • 21.51 feet along Grant 2508 to Kuamoo to the point of beginning and containing an area of 0.783 Acre. , ucENSED c4 PROFESSIONAL, i -0 LAND • SURVEYOR s RODNEy . KAWAMURA No. 2671 14... Licensed Professional Land Surveyor � '�l j U . s ' Certificate No. 2671 Expiration Date of License: 4/30/08 August 7, 2007 HILO ENGINEERING, INC. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3` Div. 5- 6- 01:Portion 27 2 oft Grant 2 5 0 8 t o K u a m o o 18217.68 N. 12412.43 E. 18217.68 N. ( (Owner) Surety Kohalo Corporation "PUU 0 NALE A ' 12412.43 E. I 30r39 43.0 PUU 0 NICE' • �s.' - �'•'(7D. 10.76) � 7 21.51 1 •515 62.59 235'18' 50.6 p � - - 518' 58.62 - 227'58' 196.82 / 47'58' 191.74. R■774.49 /• � +� R.754.49 2:rs6 199.3 1 l ` 4r58' X611.20 $ `' II EASEMENT (20 - - - OR ACCESS PURPOSES ACCESS (0.783 ACRE) �, I V RAILROAD RIGHT -OF -WAY 04 40' 908.20 1.566 ACRES I 5� .II �~ ll 4• •!ll.: 1 ' B. P. Bishop Estote 220'40' 908.2. 1 / . B. P. Bishop Estote 11 (Owner) (Owner) 11 e' 11 { �'�e 11 2 193.23 3415' 188.87 - - - , R- 887.45 a R- 887.45 - ' - - ..... _ 1;8' 214.25• ii 4 120.79 -------- - - - - -- O 195.41 - - 20810• - ;99345 ---- - -- - -- 337.84 {ti 8'10' 375.20 U .S.A. I I (Owner) I j IIt 21.165) 1 1 42.37) :sow 21.185) 84.74 MAP SHOWING o o + UCENSED DESIGNATION OF EASEMENT a PROFS OKN4AI (20 FT. WIDE) FOR ACCESS PURPOSES • SURVEYOR • AFFECTING RAILROAD RIGHT -OF -WAY "°• 2671 I t . ' BEING A PORTION OF GRANT 5089 TO $ 1I U 9 TRUSTEES, B.P. BISHOP ESTATE AT UPOLU, NORTH KOHALA. ISLAND OF HAWAA, HAWAII TAX MAP KEY: 3RD DIV. 5- 6- 01:PORTION 27 THIS WORK WAS PREPARED BY Prepared By ME OR UN R MY SUPERVISION OWNER: HILO ENGINEERING, INC. SURETY KOHALA CORP. 484 Kalenikoa Street. Hilo, Hawaii 98720 P. 0. BOX 249 OONEY M. KAWAMU EXHIBIT 10 HAWI, HAWAII 96719 DATE: AUGUST 7, 2007 EXPIRA N DATE OF LICENSE: 4/30/08 J 10W007101.22 51JRiTV niAr- reamGS.u, rev. r... Easement PA -1 For pedestrian purposes (10 Ft. Wide) Beginning at the north corner of this parcel of land on the southerly boundary of, R. P. 7730, L. C. Award 5368, Apana 5 to Akahi, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 NALE" being 20,570.29 feet north and 11,117.05 feet west and running by azimuths measured clockwise from true south: 1. 312° 14' 50" 783.35 feet along R. P. 7730, L. C. Award 5368, Apana 5 to Akahi; 2. 305° 50' 321.52 feet along R. P. 7730, L. C. Award 5368, Apana 5 to Akahi; 3. 44° 30' 10.12 feet; 4. 125° 50' 320.56 feet; 5. 132° 14' 50" 778.84 feet; 6. 78° 31' 30" 480.08 feet; 7. 199° 00' 11.60 feet; 8. 258° 31' 30" 502.47 feet along Parcel 2 (Mo'okini Heiau) and the remainder of Lot 13 to the point of beginning and containing an area of 0.363 Acre. LICENSED 4 G>y PROFESSIONAL 1 - LAND 1 1 / , ' � • SURVEYOR • • No. 2871 RODNEY . KAWAMURA 41/ U $ Q` Licensed Professional Land Surveyor Certificate No. 2671 Revised: April 2, 2002 March 18, 2002 HILO ENGINEERING, INC. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3rd Div. 5- 5- 05:Portion 02 1 of 1 EXHIBIT 11 Easement PA -2 For pedestrian purposes (10 Ft. Wide) Beginning at a southeast comer of this parcel of land, also being the southwest corner of Parcel 2 (Mo'okini Heiau), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU 0 NALE" being 20,470.33 feet north and 11,609.47 feet west and running by azimuths measured clockwise from true south: 1. 19° 00' I9.72 feet; 2. 168° 31' 30" 623.41 feet; 3. 305° 25' 30" 14.64 feet; 4. 348° 31' 30" 595.73 feet along the remainder of Lot 13 and Parcel 2 (Mo'okini Heiau) to the point of beginning and containing an area of 0.140 Acre. '4 LICENSED c4 PROFESSIONAL LAND > • • SURVEYOR • No. 267 � RODNEVVI. KAWAMURA *. U . • Licensed Professional Land Surveyor Certificate No. 2671 Revised: April 2, 2002 March 18, 2002 HILO ENGINEER Nq INC. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3 rd Div. 5- 5- 05:Portion 17 1 of 1 EXHIBIT 12 • 1 l Easement PA -3 For pedestrian purposes (10 Ft. Wide) Beginning at the north corner of this parcel of land, also being the west corner of R. P. 7730, L. C. Award 5368, Apana 5 to Akahi, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW 0 NALE" being 21,370.68 feet north and 12,096.03 feet west and running by azimuths measured clockwise from true south: 1. 319° 30' 64.79 feet along R. P. 7730, L. C. Award 5368, Apana 5 to Akahi; 2. 70° 00' 10.68 feet; 3. 139° 30' 60.60 feet; 4. 226° 55' 40" 10.01 feet along the highwater mark at seashore to the point of beginning and containing an area of 0.014 Kq Acre. LICENSED Q' PROFESSIONAL �y LAND • SURVEYOR • .'Si No. 2671 qrl U • g • RODNE M. KAWAMURA Licensed Professional Land Surveyor Certificate No. 2671 Revised: April 2, 2002 March 18, 2002 HILO ENGINEERING INC. 484 Kalanikoa Street Hilo, Hawaii 96720 Tax Map Key: 3 ` d Div. 5- S- 05:Portion 17 loft EXHIBIT 13 ■ ".\\// g is 1 1 /11 ! eit if ili.1 1 ;.'0, . / a hi . *k_.'` In 1 '44 11 , ii . 1t ' i ft t / 1 . ‘e „ rs . . , k I , \..\ ; ! I� a / % f " 1 it Jil EN . 0 4. — a / i r i h , 5 • j • \ ` Es r I Q w z �€s i h is ' it s _ a• S i . 1 i., . _ �+ / 5 :i ° ►�` o 1g III D. ' I n il a ggo e A I CC P s r ,7[ l q . r ■ p y ' 1 K I o , c ' .* f p I- 9 ! i 1 f ( / '�■ • w ' hi 11 P I al I 1•1 71i , 7 `Y ikl .: ir MEM ' " 'ti 4-' e°O' i f h Sri • " ' 14 f g ^ � ■i ifs 1 ' p • a • 1.. 4 , , '4. 1 -_ ; • .. / w -- y, _ i , , A ., N %.. �f p. ' t • r . ■ r f S F • ' I 1 I . L i i • ry PI in 1 110 -i, er 1 ' V • ! � µ: • .. y •:- F f C in � • ., 1 $4 .: ., NI , di i r , ��1 , l lico. 1 , 1 W ."' ..- . . 7 . . . Jr. :t 1 ' Alp i ry ■ ..,.. 3 - or . 1 !Mr r , • . :,.. . :.,..... / t ,, ° a te ? " F + h.. b�, ��:,, - a rrl >Ile J EXHIBIT 14