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RES 399 Draft 01 2008-2010
M� COUNTY OF HAWAII STATE OF HAWAII • , r• OF Mt' RESOLUTION NO. 399 10 RESOLUTION AUTHORIZING THE DEPARTMENT OF PARKS AND RECREATION TO EXPAND `ALAE CEMETERY WHEREAS, the County of Hawaii is the owner of that certain area of land known as `Alae Cemetery, said area of land being more particularly described as Tax Map Key (3)2 -6- 012:010 consisting of approximately 20.001 acres and (3)2 -6- 012:043 consisting of approximately 0.2893 acres; and WHEREAS, `Alae Cemetery is a public cemetery managed, maintained and operated by the County of Hawaii, Department of Parks and Recreation; and WHEREAS, the area within the existing limits of `Alae Cemetery are nearing capacity in terms of remaining burial plots and there exists an immediate need to provide additional plots; and WHEREAS, the County is the owner of that certain area of land designated as Tax Map Key (3)2 -6- 012:048 consisting of approximately 11.079 acres, which is immediately mauka and adjacent to the existing `Alae Cemetery and was acquired specifically for the expansion of 'Alae Cemetery; and WHEREAS, as noted in the Hawaii County Code 1983 (2005 Edition, as amended), Chapter 6 (BUSINESSES), Article 1 (Cemeteries), Section 6 -1 (Prohibition) provides that no cemetery shall be established, nor shall the area of any existing cemetery be enlarged or extended, unless approved by the County Council via a resolution; and WHEREAS, as noted in the Hawaii County Code 1983 (2005 Edition, as amended), Chapter 6 (BUSINESSES), Article 1 (Cemeteries), Section 6 -2 (Application), when requesting that the council pass a resolution establishing, enlarging or extending a cemetery, certain documentation are to be submitted with the application; and WHEREAS, all of the required documentation have been obtained and attached hereto and incorporated herein by reference as an Exhibit noted below: • A certificate of approval by the State department of health of the proposed cemetery site or extension as evidence of compliance with its regulations (Exhibit "A "); • A complete description of the land included within the proposed cemetery site or extension (Exhibit "B "); • A map or plan showing the proposed project (Exhibit "C "); • Evidence of approval relative to non - contamination of water services by the department of water supply (Exhibit "D "); • An abstract or certificate of title of the proposed cemetery site or extension (Exhibit "E "); and WHEREAS, as provided in the Hawaii County Code 1983 (2005 Edition, as amended), Chapter 6 (BUSINESSES), Article 1 (Cemeteries), Section 6 -3 (Referral to planning commission), the windward planning commission shall (1) study the proposed project in relation to any zoning ordinances, statutes, general plan, and policies and rules and regulations of the planning commission; (2) Conduct a public hearing on the application, pursuant to provisions governing public hearings under this Code; (3) Submit its recommendation to the council; and WHEREAS, the windward planning commission, at its duly held public hearing on September 1, 2010 voted to approve the Special Permit Application (SPP 10- 000104) for the proposed expansion of 'Alae Cemetery as documented in the Windward Planning Commission's letter dated September 16, 2010, (Exhibit "F "). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that approval is hereby granted to expand 'Alae Cemetery into TMK (3)2 -6- 012:048 and to develop, use and maintain said lands for cemetery purposes. BE IT FURTHER RESOLVED, that the Clerk of the County of Hawai'i transmit copies of this resolution to the Honorable William P. Kenoi, Mayor of the County of Hawai'i; and to the Honorable Robert A. Fitzgerald, Director of the Department of Parks and Recreation. Dated at Hilo , Hawai'i, this 4th day of November , 2010. IN RODUCED BY: COUNCIL ME ER, OUNTY OF HAWAI'I 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 X County of Hawai`i on November 4, 2010 IKEDA X NAEOLF X ATTEST: ONISHI X YAGONG X YOSHIMOTO X 9 0 0 0 Reference: C- 969 /PSPRC -32 \• Y CLERK CHAIRPERSONI & PRESIDING OFFICER RESOLUTION NO 399 10 z Iii _c O t-... _ cr) 0 ct) 3 5 T- -0 0 0 0 E o O (NJ c u> as 2z v--- o ,,, 5 < c 1.0 cc C W CD 0 2 i O C CD 10 Iiii 0 = I-- - a. c .4 ... (4) 0 0 > < < c :;-.- ta . - I Z a) c -o 0 __I < as c < (I) 063 0 E Z LU CO a) 0 O -= c , co 0 a) 0 (r) _c > O 4- 1 0 c F Z -C 6- W 4.... al E 1 - ›- as O ..... 0 I1 i 03 st, 0) < < 40- z C 0 I 0 W +6 0.c 0 (/) .0 •••-• M E Z 00 W -= • • o a ..... ii (4) 7) a) 0 0 X 0 0 2 W co a) v >... .4- 2 .? L.: c 6 to EC a •EI 4,— "E a) H- 7".., a) c i w E W 9 E i 'E ...1 to to 1 .t•L) < W C \I :5- "0 X 0 CO 0 c o 0 C 0 - V TA ca ,.< 0 c).) a) w 0 w ..0 F2 -15_ -- < z ap = ea 2 *§ CD c I o % _c a) o LI i...... / \ EXHIBIT "A" DEPARTMENT OF PUBLIC WO : . COUNTY OF HAWAII H1LO HAWAII trl - 6 P : 0 6 7/(00~gietiat PARKS Mti COUNTY OF HA, : Date : April 6, 2005 0° " #car 7 nner To . Gerald Takase • "'t¢`' Assistant Corporation Counsel" From : Ron Matsumura, Land Surveyor efr Engineering Division SUBJECT: ALAE CEMETERY ADDITION TMK: 2 -6 -12: por. 18 I am sending you the metes and bounds description for "Remnant A" as requested over the phone by deEtte. Also included are descriptions for "Alae Cemetery Addition" (now tax map key 2 -6 -12: 48), Surveyor's Certification, and the map (revised Nov. 18, 2004) showing "Remnant A." Please contact me at Ext. 8934 if you need further assistance. rm attachments CCU °,6 ; x a Nancy Crawford (Finance) EXHIBIT "B" County of Hawaii is an Equal Opportunity Provider and Employer REMNANT A Being a Portion of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu at Alae, South Hilo, Island of Hawaii, Hawaii Beginning at the northwest corner of this parcel of land, at the northeast corner of Lot B -1 (Portion of Grant 1342 to Olinohau and Wahine), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Haaheo" being 2,304.24 feet North and 2,569.97 feet West, and running by azimuths measured clockwise from True South: 1. Thence along the center of Waiaea Stream, the direct azimuth and distance being: 270° 00' 257.78 feet; 2. 356° 02' 45.00 feet along R.P. 5711, Mahele Award 15 to A. Kahekili Luluhiwalani; 3. 95° 38' 50" 260.73 feet along Grant 1346 to Keoki; 4. 175° 46' 19.29 feet along Lot B -1 (Portion of Grant 1342 to Olinohau and Wahine) to the point of beginning and containing an M MA): area of 0.368 acre, more or less. o' LICENSED .1 Ir PROFESSIONAL �y LAND SURVEYOR Engineering Division ♦c No. Sa30 Department of Public Works No. 5630j ou ty of H 4/30/06 Expiration Date of the License Aupuni Center 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 -4224 April 6, 2005 Tax Map Key: (3rd Div.) 2 -6 -12: por. 18 ALAE CEMETERY ADDITION Being a Portion of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu at Alae, South Hilo, Island of Hawaii, Hawaii Beginning at the north corner of this parcel of land, at the west corner of Parcel 1 (portion of Alae Cemetery), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Haaheo" being 2,861.87 feet North and 1,803.28 feet West, and running by azimuths measured clockwise from True South: 1. 327° 02' 635.79 feet along Parcel 1 (portion of Alae Cemetery) passing over a 1/2" pipe at 585.79 feet; 2. Thence, along Grant 133 to Kaluai Ma (et al) along the center of Waiaea Stream, the direct azimuth and distance being: 61° 47' 46" 312.59 feet; 3. Thence, along R. P. 5711, Mahale Award 15 to A. Kahekili Luluhiwalani along the center of Waiaea Stream, the direct azimuth and distance being: 98° 23' 35" 846.24 feet; 4. 165° 44' 118.18 feet along the remainder of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu passing over a 1/2 inch pipe (set) at 35.00 feet; 5. Thence, along the remainder of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu on a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 207° 31' 199.89 feet; 6. 249° 18' 752.01 feet along the remainder of R. P. 4475, L. C. Aw. 7713, Ap ana 19 to V. Kamamalu to the point beginning and containing an area of 11.079 acres as shown on Final Pat approved by Hawaii County Planning 0 a �. MAT led o P � L D irector on June 4, 2004 as Subdivision No. of 7813. ? UCENSED 'G Q PROFE SSIONAL Engineering Division t � � D ep ment of Public Works 4E No. 3630 * ; em u f Hawaii & .''Alt, V5' /'''' -�'l.E 30/06 Expiration Date of the License Aupuni Center 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 -4224 April 6, 2005 Tax Map Key: (3rd Div.) 2 -6 -12: 48 (formerly portion of parcel 18) ` s 1 ? Bruce C. McClure Harry \,".1:,, Kim »`� Director Mayor X Jiro A. Sumada r,,,, A, Deputy Director C ounty o fiawai i DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street, Suite 7 • Hilo, Hawaii 96720 -4224 April 6, 2005 (808) 961 -8321 • Fax (808) 961 -8630 Registrar of Conveyances Bureau of Conveyances State of Hawaii Kalanimoku Building 1151 Punchbowl Street, Room 120 Honolulu, HI 96813 SUBJECT: ALAE CEMETERY ADDITION Alae, South Hilo, Island of Hawaii, Hawaii Tax Map Key: (3rd Div.) 2 -6 -12: 18 (Por.) I hereby certify the attached metes and bounds legal descriptions for "ALAE CEMETERY ADDITION" and "Remnant A" conform with the attached map. Engineering Division 0. MAT Department of Public Works � = �0 s04, County of Hawaii UCENSED cc PROFESSIONAL * a LAND SURVEYOR . - a t et • h 'i4/30/06 -i` * No. 5630 Expiration Date of the License k Ronald M. Matsumura �� A11 ' 0,-1‘. Licensed Professional Land Surveyor No. 5630 County of Hawaii is an Equal Opportunity Provider and Employer. 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DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI I mu ry, pi R 345 KEKUANAb'A STREET, SUITE 20 • HILO HAIA41'119i7n t,.. fi;) Of'HAVO TELEPHONE (808) 961-8050 • FAX (808) 961-8657 NUN May 18, 2010 TO: Mr. Robert A. Fitzgerald, Director Department of Parks and Recreation FROM: Milton D. Pavao, Manager SUBJECT: ALAE CEMETARY EXPANSION PROJECT TAX MAP KEY (3) 2-6-012:048 EVIDENCE OF APPROVAL RELATIVE TO NONCONTAMINATION OF WATER SERVICES In response to your letter dated May 11, 2010, we reaffirm that the Department of Water Supply has no objections to the proposed expansion of Alae Cemetary. There is no evidence of potable water contamination within the Department of Water Supply's system due to the existing Alae Cemetary. If you have any questions, please contact Mr. Keith Okamoto of our Water Quality Assurance and Control Branch at (808) 961-8070, extension 257. Si ely yours, , A A 1 Mil on D. Pavao, P.E. ' M., ger KKO:dfg EXHIBIT "D" . ..Water, Our Most Iftcious *source . . . Kg Wai A Vine . . . The Department of Water Supply is an Equal Opportunity provider and employer The ORIGINAL OF THE DOCUMENV RECORDED AS FOLLOWS1 STATE OF HAWA::. DATE.. _ _ __... [;.','- •�� / ,�.,,,p�, 'DOCUMENT NO- LAND COURT SYSTEM REGULAR SYSTEM AFTER RECORDATION, RETURN BY MAIL ( ) PICK -UP ( ) Total Pages: 'FMK NO.: (3) 2 -6- 012 -018 (por) - QUITCLAIM DEED ALAE CEMETERY ADDITION THIS DEED is made as of JUN 3 0 2005 effective as of , by and between DIANE JOYCE PLOWS, ROBERT KALANI UICHI KIRUNE, JAMES DOUGLAS KEAUHOU ING, CONSTANCE HEE LAU, and CHARLES NAINOA THOMPSON, solely as TRUSTEES UNDER THE WILL AND OF THE ESTATE OF BERNICE P'AUAHI BISHOP, DECEASED, and not individually, whose place of business and mailing address is Suite 200, Kawaiaha'o Plaza, 567 South King Street, Honolulu, Hawai'i 96813, hereinafter called the "Grantor ", and THE COUNTY OF HAWAI'I, a municipal corporation of the State of Hawai'i, whose place of business and mailing address is 25 Aupuni Street, Room 118, Hilo, Hawai'i 96720 -4252, hereinafter called the "Grantee "; WITNESSETH: EXHIBIT "E" WHEREAS, the Grantor is the owner of that certain parcel of land (being portion of the land(s) described in and covered by Royal Patent Number 4475, Land Commission Award Number 7713, Apana 19 to V. Kamamalu) situate, lying and being at Alae, District of South Hilo, Island and County of Hawaii, State of Hawaii, bearing Tax Key designation (3) 2 -6- 012 -018 (excluding Parcel 1 previously conveyed to Grantee), and containing an area of 61.964 acres, more or less ( "Grantor's Property"); and WHEREAS, portions of the Grantor's Property, identified as "Alae Cemetery Addition ", as more particularly described in Exhibit A attached hereto and made a part hereof, and "Remnant A ", as more particularly described in Exhibit B attached hereto and made a part hereof, have been subdivided from the remainder of the Grantors' Property pursuant to Subdivision Number 7813 - Revised, approved for recordation by the Planning Director, County of Hawaii on June 22, 2005 ( "Subdivision "); and WHEREAS, Grantor has agreed to quitclaim and convey to Grantee, all of Grantor's right, title and interest in the Alae Cemetery Addition and Remnant A; NOW, THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) paid by the Grantee to the Grantor, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, the Grantor does hereby remise, release, quitclaim and convey unto the Grantee, its successors and assigns, all of the Grantor's right, title and interest in and to those certain parcels of real property situate at Mae, District of South Hilo, Island, County and State of Hawai'i, identified as "Alae Cemetery Addition" and "Remnant A ", as more particularly described in Exhibit A and Exhibit B attached hereto and made a part hereof (the "Property "), subject to the encumbrances noted therein, and any and all other encumbrances of record. TO HAVE AND TO HOLD the same together with the reversions, remainders, rents, issues and profits thereof, and all rights, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed therewith, and all of the estate, right, title and interest of the Grantor both at law and in equity, therein or thereto, unto the Grantee, its successors and assigns, forever. AND the Grantee does hereby acknowledge and agree that the Property is quitclaimed and conveyed by Grantor to the Grantee "AS IS ", in its present state and condition, with all faults and defects. 2 1 1 AND the Grantee does hereby acknowledge and agree that this Deed has been approved or executed by the Trustees of the Estate of Bernice Pauahi Bishop in their fiduciary capacities as said Trustees, and not in their individual capacities. No personal liability or obligation under this Deed shall be imposed or assessed against said Trustees in their individual capacities. AND the teens "Grantor" and "Grantee ", or any pronoun in place thereof, as and when used herein, shall mean and include the masculine or feminine, the singular or plural number, individuals, trustees, partnerships, corporations, or other legal entities and their and each of their respective successors in interest and assigns. This instrument may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. All of such counterpart signature pages shall be read as though one, and shall have the same force and effect as though all of the signers had signed a single signature page. [Remainder of Page Intentionally Left Blank - Signatures Appear on Following Page] 3 IN WITNESS WHEREOF, the Grantor and Grantee have executed these presents as of the day and year first above written. TRUSTEES OF THE ESTATE OF Approves as to content, Authority, BERNICE PAUAHI BISHOP, ' ^ .. rVcnr. • nr r. Manager By Vice President/Director Name: Approved to Fes ,. Their Attomey -in -Fact u Legal Group Approved as to Form: By Price Okamoto Himeno & Lum Name: By Their Attomey -in -Fact Bettina W.1. Lum "Grantor" APPROVED AS 10 COUNTY OF HAWAI'I, a municipal FORM AND LEGALITY: corporation of the State of Hawai'i DEPU ORPORATION COUNSEL B COU OF HAWAII Date JUN 2 8 2005 Its Managing Director •,�% "Grantee" 4 IN WITNESS WHEREOF, the Grantor and Grantee have executed these presents as of the day and year first above written. TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP, Approved as to Content, Authority, and Compliance 'th KS policy: DECEASED • lam/ By Vice Preaiden a:.- • Name: C IA CHI , Sr. Counsel Approved Form: Their Attorney -in -Fact Legal Group 1-4—X-- Approved as to Farm: B Price Okamoto Himeno & Lum Name: LIVINGSTON WONG, Director Their Attomey -in -Fact Bettina W. J. Lum "Grantor" COUNTY OF HAWAI'I, a municipal corporation of the State of Hawai'i By Its "Grantee" 4 STATE OF HAWAI'I ) )SS. CITY AND COUNTY OF HONOLULU ) On this day of JUN 3 0 2005 , 2005, before me personally appeared CYNTHIA (TIN G, Sr. Counsel and LIVINGSTON WONG. Director , to me personally known, who being by me duly sworn did say that they are two of the attorneys -in -fact for CHARLES NAINOA THOMPSON, DIANE JOYCE PLOTTS, ROBERT KALANI UICHI KIHUNE, JAMES DOUGLAS KEAUHOU ING, and CONSTANCE HEE LAU, Trustees of the Estate of Bernice Pauahi Bishop, duly appointed under Limited Power of Attorney and Revocation of All Previous Powers of Attorney effective February 1, 2004, recorded in the Bureau of Conveyances of the State of Hawai'i as Document Nos. 2004 - 012327 and 2004- 012328 and in the Office of the Assistant Registrar of the Land Court of the State of Hawai'i as Document Nos. 3057130 and 3057131; and that the foregoing instrument was executed in the name and on behalf of CHARLES NAINOA THOMPSON, DIANE JOYCE PLOTTS, ROBERT KALANI UICHI ICIHUNE, JAMES DOUGLAS KEAUHOU ING, and CONSTANCE HEE LAU, 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. HA O ...�5�'' % Signatur _ `t ai., � G� r'� oTA4 Name: `� •° = = AN,';.' n ' • ^ r I gTr1bl * ` * 1 Notary Public, State of Hawai'i ), 7 . ' ' p My Commission Expires: q �� / /i/ /rnh 1llitut— 5 STATE OF HAWAI'I ) ) SS. COUNTY OF HAWAII ) On this o2 day of , 2005, before me personally appeared DIXIE KAETSU, to me personally known, who, being by me duly sworn, did say that she is the Managing Director of the County of Hawai'i, a municipal corporation of the State of Hawai'i; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawai'i; that the foregoing instrument was signed and sealed in behalf of the County of Hawai'i by authority given to said Mayor of the County of Hawai'i by Section 5- 1.3(g) of the County Charter, County of Hawai'i (2000), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6- 1.3(h) of the County Charter; and said DIXIE KAETSU acknowledged said instrument to be the free act and deed of said County of Hawai'i. .peg/ VIR INIA M. TOLENTINO N ary Public, State of Hawai'i My commission expires: 4/22/2009 d • • 4 OF IA_,Avr ALAE CEMETERY ADDITION Being a Portion of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu at Alae, South Hilo, Island of Hawaii, Hawaii Beginning at the north comer of this parcel of land, at the west corner of Parcel 1 (portion of Alae Cemetery), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Haaheo" being 2,861.87 feet North and 1,803.28 feet West, and running by azimuths measured clockwise from True South: 1. 327° 02' 635.79 feet along Parcel 1 (portion of Alae Cemetery) passing over a 1/2" pipe at 585.79 feet; 2. Thence, along Grant 133 to Kaluai Ma (et al) along the center of Waiaea Stream, the direct azimuth and distance being: 61° 47' 46" 312.59 feet; • 3. Thence, along R. P. 5711, Mahale Award 15 to A. Kahekili Luluhiwalani along the center • of Waiaea Stream, the direct azimuth and distance being: 98° 23' 35" 846.24 feet; 4. 165° 44' 118.18 feet along the remainder of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu passing over a 1/2 inch pipe (set) at 35.00 feet; 5. Thence, along the remainder of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu on a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 207° 31' 199.89 feet; • • 6. 249° 18' 752.01 feet along the remainder of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu to the point of beginning and containing an area of 11.079 acres as shown on Revised Final Plat approved by Hawaii County Planning Director on June 22, 2005 as Subdivision No. td1• MA 7813 - Revised. LICENSED 0 2 'S CC PROFESSIONAL Engineering Division LAND SURVEYOR Depart ent of Public Works # ,F Cou; 6 of Hawaii • No. 5630 • y *AIL V£ . 4112 / • t. 0 /06 . Expiration Date of the License Aupuni Center 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 -4224 June 24, 2005 • Tax Map Key: (3rd Div.) 2 -6-12: 48 (formerly portion of parcel 18) EXHIBIT Pc SUBJECT TO THE FOLLOWING: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Rights of native tenants as reserved in Royal Patent Number 4475. 3. Location of the boundary of Maili Stream and the effect, if any, upon the area of the land described herein, and the free flowage thereof. 4. Location of the boundary of Waiaea Stream and the effect, if any, upon the area of the land described herein, and the free flowage thereof. 5. Plantation roadways as shown on tax map. 6. Flume as shown on tax map. 7. Any and all existing roadways, trials, easements, rights - of -way, flumes and irrigation ditches. 8. RESTRICTION OF ABUTTER'S ACCESS RIGHTS ALONG • Hawaii Belt Road, Project No. S.D.R. 3(4) SHOWN FINAL ORDER OF CONDEMNATION dated November 26, 1960, filed in the Circuit Court of the Third Circuit, State of Hawaii, in Civil No. 412, on November 26, 1960 and recorded in Liber 3967 at Page 472 on December 9, 1960 9. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii Corporation DATED November 7, 1985 RECORDED Liber 19224 Page 763 7 GRANTING a perpetual right and easement to build, construct, rebuild, reconstruct, repair, maintain and operate pole and wire lines and /or underground power lines, etc., over, under, upon, across and through the following described parcels of land: EASEMENT 38 For Utility Purposes Affecting R. P. 4475, L. C. Aw. 7713:19 To V. Kamamalu Alae, South Hilo, Hawaii Beginning at the southeast corner of this parcel of land, on the west side of Hawaii Belt Road (SDR 3(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALA.LA" being 29,030.47 feet south and 5,712.38 feet east and running by azimuths measured clockwise from true South: 1. 100° 51' 30" 8.94 feet; 2. 190° 51' 30" 25.15 feet; 3. 100° 51' 30" 36.06 feet; 4. 190° 51' 30" 64.74 feet; 5. 308° 59' 30" 10.87 feet along the south side of Kahoa Street; 6. 267° 09' 30" 36.45 feet along the south side of Kahoa Street; 7. 10° 51' 30" 93.40 feet along the west side of Hawaii Belt Road (SDR 3(4)) to the point of beginning and containing an area of 3,085 square feet, more or less. EASEMENT 39 For Utility Purposes Affecting R. P. 4475, L. C. Aw. 7713:19 To V. Kamamalu Alae, South Hilo, Hawaii Beginning at the southeast corner of this parcel of land, on the west side of Hawaii Belt road (SDR 3(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 29,367.46 feet south and 5,684.57 feet east and running by azimuths measured clockwise from true South: 1. 84° 30' 38.84 feet; 2. 174° 30' 5.00 feet; 3. 264° 30' 39.04 feet; 4. Thence along the west side of Hawaii Belt Road (SDR 3(4)) on a curve to the left with a radius of 1,185.92 feet, the chord azimuth and distance being: 356° 47' 32" 5.00 feet to the point of beginning and containing an area of 195 square feet, more or less. EASEMENT 40 For Utility Purposes Affecting R. P. 4475, L. C. Aw. 7713:19 To V. Kamamalu Alae, South Hilo, Hawaii Beginning at the southeast corner of this parcel of land, on the west side of Hawaii Belt Road (SDR 3(4)), the coordinates of said point of beginning referred to Government survey Triangulation Station "ALALA" being 29,741.95 feet south and 5,767.75 feet east and running by azimuths measured clockwise from true South: Ci 1. 76° 15' 36.86 feet; 2. 166° 15' 5.00 feet; 3. 256° 15' 36.32 feet; 4. 340° 05' 30" 5.03 feet along the west side of Hawaii Belt Road (SDR 3(4)) to the point of beginning and containing an area of 183 square feet, more or less. 10. Any unrecorded leases and matters arising from or affecting the same. 11. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. 12. Claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes, as provided for in the Hawaii Constitution or the Hawaii Revised Statues. ID REMNANT A • Being a Portion of R. P. 4475, L. C. Aw. 7713, Apana 19 to V. Kamamalu at Alae, South Hilo, Island of Hawaii, Hawaii Beginning at the northwest corner of this parcel of land, at the northeast corner of Lot B -1 (Portion of Grant 1342 to Olinohau and Wahine), the coordinates of said point of beginning referred to Government Survey Triangulation Station "Haaheo" being 2,304.24 feet North and 2,569.97 feet West, and running by azimuths measured clockwise from True South: • 1. Thence along the center of Waiaea Stream, the direct azimuth and distance being: 270° 00' 257.78 feet; 2. 356° 02' 45.00 feet along R.P. 5711, Mahele Award 15 to A. Kahekili Luluhiwalani; 3. • 95° 38' 50" 260.73 feet along Grant 134.6 to Keoki; 4. 175° 46' 19.29 feet along Lot B -1 (Portion of Grant 1342 to Olinohau and Wahine) to the point of beginning and containing an area of 0.368 acre, more or less, as shown on Revised Final Plat approved by Hawaii County Planning • Director on June 22, 2005 as Subdivision No. . 7813- Revised. fr � P ®At Engineering Division • i win8uRvEVOR Dep: ent of Public Works 1( No. 3630 * .. of Hawaii ha— • 4 = 1106 Expiration Date of the License Aupuni Center • 101 Pauahi Street, Suite 7 Hilo, Hawaii 96720 -4224 June 24, 2005 Tax Map Key: (3rd Div.) 2 -6-12: por. 18 • EXHIBIT 6 �1 SUBJECT TO THE FOLLOWING: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Rights of native tenants as reserved in Royal Patent Number 4475. 3. Location of the boundary of Maili Stream and the effect, if any, upon the area of the land described herein, and the free flowage thereof. 4. Location of the boundary of Waiaea Stream and the effect, if any, upon the area of the land described herein, and the free flowage thereof. 5. Plantation roadways as shown on tax map. 6. Flume as shown on tax map. 7. Any and all existing roadways, trials, easements, rights - of -way, flumes and irrigation ditches. 8. RESTRICTION OF ABUTTER'S ACCESS RIGHTS ALONG Hawaii Belt Road, Project No. S.D.R. 3(4) SHOWN FINAL ORDER OF CONDEMNATION dated November 26, 1960, filed in the Circuit Court of the Third Circuit, State of Hawaii, in Civil No. 412, on November 26, 1960 and recorded in Liber 3967 at Page 472 on December 9, 1960 9. GRANT TO HAWAII ELECTRIC LIGHT COMPANY, INC., a Hawaii Corporation DATED November 7, 1985 RECORDED Liber 19224 Page 763 �2 , GRANTING a perpetual right and easement to build, construct, rebuild, reconstruct, repair, maintain and operate pole and wire lines and /or underground power lines, etc., over, under, upon, across and through the following described parcels of land: EASEMENT 38 For Utility Purposes Affecting R. P. 4475, L. C. Aw. 7713:19 To V. Kamamalu Alae, South Hilo, Hawaii Beginning at the southeast corner of this parcel of land, on the west side of Hawaii Belt Road (SDR 3(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 29,030.47 feet south and 5,712.38 feet east and running by azimuths measured clockwise from true South: 1. 100° 51' 30" 8.94 feet; 2. 190° 51' 30" 25.15 feet; 3. 100° 51' 30" 36.06 feet; 4. 190° 51' 30" 64.74 feet; 5. 308° 59' 30" 10.87 feet along the south side of Kahoa Street; 6. 267° 09' 30" 36.45 feet along the south side of Kahoa Street; 7. 10° 51' 30" 93.40 feet along the west side of Hawaii Belt Road (SDR 3(4)) to the point of beginning and containing an area of 3,085 square feet, more or less. 13 f EASEMENT 39 For Utility Purposes Affecting R. P. 4475, L. C. Aw. 7713:19 To V. Kamamalu Beginning at the southeast corner of this parcel of land, on the west side of Hawaii Belt road (SDR 3(4)), the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 29,367.46 feet south and 5,684.57 feet east and running by azimuths measured clockwise from true South: 1. 84° 30' 38.84 feet; 2. 174° 30' 5.00 feet; 3. 264° 30' 39.04 feet; 4. Thence along the west side of Hawaii Belt Road (SDR 3(4)) on a curve to the left with a radius of 1,185.92 feet, the chord azimuth and distance being: 356° 47' 32" 5.00 feet to the point of beginning and containing an area of 195 square feet, more or less. EASEMENT 40 For Utility Purposes Affecting R. P. 4475, L. C. Aw. 7713:19 To V. Kamamalu Alae, South Hilo, Hawaii Beginning at the southeast corner of this parcel of land, on the west side of Hawaii Belt Road (SDR 3(4)), the coordinates of said point of beginning referred to Government survey Triangulation Station "ALALA" being 29,741.95 feet south and 5,767.75 feet east and running by azimuths measured clockwise from true South: 1. 76° 15' 36.86 feet; 2. 166° 15' 5.00 feet; 3. 256° 15' 36.32 feet; 4. 340° 05' 30" 5.03 feet along the west side of Hawaii Belt Road (SDR 3(4)) to the point of beginning and containing an area of 183 square feet, more or less. 10. Any unrecorded leases and matters arising from or affecting the same. 11. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. 12. Claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes, as provided for in the Hawaii Constitution or the Hawaii Revised Statues. '5 •iA!:':t •.. 4 rf Of. - County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720 Phone (808) 961 -8288 • Fax (808) 961 -8742 September 16, 2010 Mr. Ron Terry, Ph.D. Geometrician Associates, LLC P.O. Box 396 Hilo, HI 96720 Dear Mr. Terry: Special Permit Application (SPP 10- 000104) Applicant: Department of Parks & Recreation, County of Hawai`i Request: Expansion of Alae Cemetery Tax Map Key: 2 -6 -12:48 The Windward Planning Commission at its duly held public hearing on September 1, 2010, voted to approve the above - referenced application to allow for the expansion of the existing 17.8 acre Alae Cemetery. The proposed 11.079 acre expansion area is situated adjacent to and west ( mauka) of the existing cemetery, on lands situated within the State Land Use Agricultural District. Alae Cemetery and the proposed expansion site are situated along the west (mauka) side of Highway 19 (Hawai`i Belt Road), approximately 1.7 miles north of Hilo, Alae, South Hilo, Hawai`i. Approval of this request is based on the following: The applicant is requesting a Special Permit to expand the existing Alae Cemetery and to construct related improvements, including the interior roadway system and a pavilion similar to the one at the existing cemetery. The expansion would be on an 11.079 -acre property adjacent to the existing cemetery property. The expansion of the cemetery is necessary in order to meet the demand for approximately 125 burials and an equal number of reservations every year. The area is expected to accommodate about 500 plots per acre, or ultimately as many as 5,000 — 6,000 new plots. As of July 1, 2000, management of County cemeteries was transferred from the County's Department of Public Works to the Department of Parks and Recreation. The County has 21 public cemeteries. The size of cemeteries ranges from one -half acre to 14 Hawai 'i County is an Equal Opportunity Provider and Employer EXHIBIT "F" Mr. Ron Terry, Ph.D. Geometrician Associates, LLC Page 2 acres with the average size in rural areas being two acres. There are several private cemeteries, notably the Homelani and the Chinese cemetery in Hilo, and the Mauna Kea Memorial Park in Kaieie, Papa`ikou. There are three public cemeteries in South Hilo: a Veteran's Cemetery (two sites consolidated into a single location at Ponahawai), a cemetery in Waiakea -Uka and Alae Cemetery. The criteria for approving a Special Permit are based on Rule 6 -6 in the Planning Commission Rules. Rule 6 -6 states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be; and (b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawai`i Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the Agricultural District. In recognizing that lands within Agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. The proposed request to expand the existing cemetery on an adjoining property to provide additional area for burial plots is a much needed service and benefit to the public that is reasonable, unusual and necessary. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands for those uses to which they are best suited in the interest of the public welfare of the people of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. Soils on the subject property are classified as "C" or "Fair" by the Land Study Bureau's Overall Master Productivity Rating and are classified as Prime Agricultural Land by the Department of Agriculture's ALISH Map. In reviewing the proposed request against the above reference guidelines, it has been determined that the need to provide the public service of an expanded County cemetery outweighs the need to utilize this property for agricultural uses. Therefore, in the interest of the public welfare, the expansion of the cemetery on this property would provide a greater public benefit for the people of the State of Hawai`i. Mr. Ron Terry, Ph.D. Geometrician Associates, LLC Page 3 In addition to the above listed criteria, the Planning Commission shall also consider the criteria listed under Section 6- 3(b)(5) (A) through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject request is considered an unusual and reasonable use of agricultural lands and would provide a greater public benefit for the people of the State of Hawai`i. (B) The desired use would not adversely affect surrounding properties. Surrounding properties are zoned A -20a and consist of agricultural uses, vacant land or scattered dwellings. To the east is the existing Alae Cemetery zoned A -20a and further east across Highway 19 are properties zoned RS -15 and maintained in residential uses. The closest neighborhood is in Honoli`i, which is located across Highway 19 from the existing cemetery. Additionally, there are some scattered farm dwellings to the south and southwest of the site. As the property will be used as a cemetery, it is not anticipated that there will be significant adverse impacts to the surrounding properties. (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. Access to the expanded cemetery area is via an interior private roadway within the existing cemetery property. Access to the existing cemetery is from a single location on Mamalohoa Highway (Highway 19), which is State owned highway. County water is available for the expanded cemetery area. Telephone and electrical services are available to the pavilion at the existing cemetery, but are not being considered to be extended to the expanded cemetery area. Police, fire and medical services are available in Hilo, approximately 2 miles from the subject property. Based on the previous information, the requested use will not burden public agencies to provide additional services. (D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960's and 1970's, the State's agricultural district boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. The State Land Use Commission was created in 1961, and interim regulations and temporary district boundaries became effective in 1962. Subsequently, the regulations and Land Use District Boundaries became effective in August of 1964. The property and surrounding areas are designated for agricultural uses by both State and County land use laws. Through the issuance of a Special Permit, various "non- agricultural" services may be allowed. Mr. Ron Terry, Ph.D. Geometrician Associates, LLC Page 4 (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The land upon which the proposed use is sought is suited for agricultural uses. The public benefit that the expansion of the cemetery will bring to the people of Hawai`i outweighs the use of the property for agricultural uses. (F) The use will not substantially alter or change the essential character of the land and the present use. Currently, the property is vacant of uses and structures. The proposed request to use the property for the expansion of the existing cemetery be consistent with the character of the adjoining property and its present use. Therefore, the proposed use will not substantially alter or change the essential character of the land. (G) The request will not be contrary to the General Plan. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non - urban form for areas within the County. The property is located in an area identified as Important Agricultural Land on the LUPAG Map. The proposed request is consistent with the General Plan and implements a Course of Action for South Hilo within the Public Facilities element of the General Plan which states, "Expansion of existing cemeteries or creation of new sites shall be undertaken." The granting of this request would promote the effectiveness and objectives of Chapter 205A, Hawaii Revised Statutes, relating to the Coastal Zone Management Program. The subject property is located outside of the Special Management Area over 1,000 feet from the nearest coastline. There is no record of a designated public access to the shoreline or mountain areas traversing the property, but it is open to the public. Due to the properties distance from the shoreline, the request will not impact recreational resources, scenic and open space or visual resources, coastal ecosystems and marine coastal resources. No historic properties exist on the property due to extensive cultivation of the land. Further, there is no evidence of valued cultural, historical or native resources, nor evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Based on the above considerations, approval of the request is subject to the following conditions: 1. The applicant, successors or assigns shall comply with all of the stated conditions. Mr. Ron Terry, Ph.D. Geometrician Associates, LLC Page 5 2. The applicant shall comply with all the rules and regulations outlined in Chapter 6, Article 1, (relating to cemeteries) of the Hawai`i County Code within one year from the effective date of this permit. 3. The applicant shall provide an interior driveway access within the proposed expansion area adequate for on- pavement parallel parking, meeting with the approval of the Planning Director in consultation with the Department of Public Works. 4. Should any remains of historic sites, such as rock walls, terraces, platforms, marine sell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources - Historic Preservation Division (DLNR -HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR- HPD when it finds that sufficient mitigative measures have been taken. 5. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. 6. An initial extension of time for the performance of conditions of the permit may be granted by the Planning Director upon the following circumstances: A. Non - performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. B. Granting of the time extension would not be contrary to the General Plan or the Zoning Code. C. Granting of the extension would not be contrary to the original reasons for the granting of the permit. D. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). E. If the applicant should require an additional extension of time, the Planning Department shall submit the applicant's request to the Planning Commission for appropriate action. Mr. Ron Terry, Ph.D. Geometrician Associates, LLC Page 6 7. Should any of the conditions not be met or substantially complied with in a timely manner, the Planning Director may initiate procedures to revoke the permit. This approval does not, however, sanction the specific plans submitted with the application as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions, please contact Daryn Arai of the Planning Department at 961 -8288. Sincerely, Rell Woodward, Chairman Windward Planning Commission LcohP &Ral aecemetery0l wwpc cc: Department of Parks & Recreation % Department of Public Works Department of Water Supply County Real Property Tax Division State Land Use Commission DOT - Highways, Honolulu Mr. Gilbert Bailado