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HomeMy WebLinkAboutRES 109 Draft 01 2010-2012 OF k .. COUNTY OF HAWAII ��"!=�� STATE OF HAWAII RESOLUTION NO. 109 11 RESOLUTION ACCEPTING THE GRANT OF EASEMENTS FROM CONTINENTAL PACIFIC, LLC FOR PUBLIC ACCESS PURPOSES. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, CONTINENTAL PACIFIC, LLC is the owner and/or has reserved the right to grant specific easement rights affecting Tax Map Keys: (3) 2 -8- 008:003, 041, 100, 129, 135, and 149 to 158 inclusive, situated in Kapehu, Kaupakuea, Kahua and Makahanaloa, District of South Hilo, County and State of Hawai`i; WHEREAS, the County of Hawai`i would like to acquire pedestrian public access to and along the shoreline and sea cliffs in the Pepeekeo Point area; WHEREAS, CONTINENTAL PACIFIC, LLC 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; WHEREAS, CONTINENTAL PACIFIC, LLC has previously recorded a Declaration of Vehicular and Parking Public Access Easements with the Bureau of Conveyances that provide vehicular public access between Hawai`i Belt Road and the pedestrian public access easements described in Exhibit "1", 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 CONTINENTAL PACIFIC, LLC. - 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; Robert Fitzgerald, Director of the County of Hawai`i Department of Parks and Recreation; 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 Continental Pacific, LLC at Post Office Box 755, Troy, Alabama 36081. Dated at Kona , Hawai`i, this 17th day of A „v,Gt , 2011. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on August 17, 2011 li UNTY CLERK CHAIRPERSON & PRESIDI CER ROLL CALL VOTE Reference: RESOLUTION NO. C -278 PWPRC —27 103 11 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 7 0 2 0 Reference: RESOLUTION NO. C -278 PWPRC —27 103 11 tDPV LAND COURT REGULAR SYSTEM Return By Mail n Pick -Up I I To: STEVEN S.C. LIM CARLSMITH BALL LLP 121 Waianuenue Avenue TOTAL NUMBER OF PAGES: _ Hilo, HI 96720 TITLE OF DOCUMENT: GRANT OF PUBLIC ACCESS EASEMENTS PARTIES TO DOCUMENT: GRANTOR: CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, whose mailing address is Post Office Box 755, Troy, Alabama 36081 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 KEYS: Portions of (3) 2 -8- 008:003, 041, 100, 129, 135, and 149 to 158, inclusive 4841-8041-7794/6-14-11 Exhibit 1 GRANT OF PUBLIC ACCESS EASEMENTS THIS GRANT OF PUBLIC ACCESS EASEMENTS is made this l day of , 2011, by and between CONTINENTAL PACIFIC, LLC, a Delaware limited liability company, whose mailing address is Post Office Box 755, Troy, Alabama 36081, 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 ". WITNES SETH: WHEREAS, Grantor is the developer of that certain real property situated in Pepeekeo at Kapehu, Kaupakuea, Kahua and Makahanaloa, in the District of South Hilo, County and State of Hawaii, as identified in Subdivision No. 7644 - Revised (2), approved by the County of Hawaii Planning Department on May 10, 2004, Subdivision No. 04 -151, approved by the County of Hawaii Planning Department on November 15, 2005, Subdivision No. 04 -193, approved by the County of Hawaii Planning Department on December 14, 2005, and Subdivision No. 05 -228, approved by the County of Hawaii Planning Department on March 24, 2006 (collectively the "Project "). 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 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 -2- and incorporated by reference herein, by recordation of this Grant of Public Access Easements in the Bureau of Conveyances of the State of Hawaii. WHEREAS, Ordinance No. 05 -50, effective April 18, 2005, changed the district classification of the Project, from Village Commercial (CV -10), Limited Industrial (ML -200), and General Industrial (MG -5a) to Single Family Residential (RS -20). Condition D under Ordinance No. 05 -50 provides that the Grantor "submit the applicable public access easement or declaration documents to the Planning Director for recordation at the Bureau of Conveyances within 180 days of the effective date of this ordinance." Condition D further provides that Grantor provide one additional public vehicular access and a parking area sufficient for a minimum of four (4) vehicles at the location south of the former Pepeekeo Mill Site in the approximate area known as "Iron Post." WHEREAS, pursuant to Section II.0 of the Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC Lands entered into by and between Grantor and Grantee on April 12, 2002, the recordation of the Grant of Public Access Easement at the Bureau of Conveyances of the State of Hawaii shall constitute full and final compliance with all public access requirements for the Project of Section 46 -6.5, Hawaii Revised Statutes (HRS), Chapter 205A, HRS, Chapter 343, HRS, Ala Loa and Ala Kahakai, Condition D of Ordinance No. 05 -50, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage. WHEREAS, Special Management Area Use Permit No. 449 was issued by Planning Commission on October 15, 2004, to allow for the development of Bulk Lot 88 into an 11 agricultural lot subdivision, being Lots 71 to 81, inclusive, being further identified as TMKs: (3) 2 -8- 08:127 to 137, inclusive, and this Grant of Public Access Easements shall fully satisfy the requirements of Condition No. 16, which require that Grantor "and its successors, including future lot owners' community association, shall maintain pedestrian public access easements in walkable condition (for example, by periodic mowing) and the parking easements so that vehicles can park." The pedestrian public access easements and parking easements under Special Management Area Use Permit No. 449 are identified as pedestrian public access easements P -8, P -10, P -15 -A and parking easements P -7, P -9 and P -19. Parking easements P -7, P -9 and P -19 are recorded in the Second Amended and Restated Declaration of Vehicular and Parking Access Easements. -3- 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 the Grantor's Property for pedestrian public access purposes as indicated thereon, including without limitation, the construction, reconstruction, installation, maintenance, operation, replacement and repair of improvements constructed for said purposes (collectively "Public Access Easements "), as follows: Pedestrian Public Access 1. Easement P -1 for pedestrian public access purposes (containing a total area of 0.165 acre) affecting Lot 70 -J -1, being further identified as TMK: (3) 2 -8- 008:003, as more particularly described in Exhibit A and depicted on Exhibits 1 and 1 -A, attached hereto and incorporated by reference herein; 2. Easement P -2 for pedestrian public access purposes (containing a total area of 0.196 acre) affecting Lot 7, being further identified as TMK:(3) 2 -8- 008:041, as more particularly described in Exhibit B and depicted on Exhibits 1 and 1 -A, attached hereto and incorporated by reference herein; 3. Easement P -6 for lateral pedestrian public access and parking purposes (containing a total area of 0.25 acre) affecting Lot 23, being further identified as TMK:(3) 2 -8- 008:151, as more particularly described in Exhibit C and depicted on Exhibits 1 and 1 -B, attached hereto and incorporated by reference herein; 4. Easement P-6 -A for lateral pedestrian public access purposes (containing a total area of 16,800 square feet) affecting Lot 22, being further identified as TMK:(3) 2 -8- 008:150, as more particularly described in Exhibit D and depicted on Exhibits 1, 1 -B and 1 -D, attached hereto and incorporated by reference herein; 5. Easement P -6-B for lateral pedestrian public access purposes (containing a total area of 33,373 square feet) affecting Lot 21, being further identified as TMK:(3) 2 -8- 008:149, as more particularly described in Exhibit E and depicted on Exhibits 1,1 -B and 1 -E, attached hereto and incorporated by reference herein; 4- 6. Easement P -8 for pedestrian public access purposes (containing a total area of 0.159 acre) affecting Lots 73 and 88 -A, being further identified as TMKs:(3) 2 -8- 008:129 and 100, as more particularly described in Exhibit F and depicted on Exhibits 1 and 1 -C, attached hereto and incorporated by reference herein; 7. Easement P40 for pedestrian public access purposes (containing a total area of 0.169 acre) affecting Lots 79 and 88 -A, being further identified as TMKs:(3)2 -8- 008:135 and 100, as more particularly described in Exhibit G and depicted on Exhibits 1 and 1 -C, attached hereto and incorporated by reference herein; 8. Easements P -11 -A and P -11 -B for lateral pedestrian public access purposes (containing an area of 7.58 acres and 1.14 acres, respectively) affecting Lot 70 -J -1, being further identified as TMK:(3) 2 -8- 008:003; and Lots 27, 28, 29 and 30, being further identified as TMKs:(3) 2 -8- 008:155 to 158, inclusive, as more particularly described in Exhibits H and I and depicted on Exhibits 1, 1 -A and 1 -B, attached hereto and incorporated by reference herein; 9. Easement P42 for pedestrian public access purposes (containing a total area of 0.038 acre) affecting Lot 70 -J -1, being further identified as TMK:(3) 2 -8- 008 :003, as more particularly described in Exhibit J and depicted on Exhibits 1 and 1 -A, attached hereto and incorporated by reference herein; 10. Easements P -14 -A, P -14-B and P -14 -C for lateral pedestrian public access purposes (containing an area of 0.77 acre, 303 square feet, and 1,828 square feet, respectively) affecting Lots 23, 24 and 25, being further identified as TMKs:(3) 2 -8- 008:151, 152 and 153; Lots 25 and 26, being further identified as TMKs:(3) 2 -8- 008:153 and 154; and Lot 26, being further identified as TMK:(3) 2 -8- 008:154, respectively, as more particularly described in Exhibits K, L and M and depicted on Exhibits 1 and 1B, attached hereto and incorporated by reference herein; 11. Easement P -15 -A, a 10 -foot wide easement for lateral pedestrian public access purposes (containing a total area of 3.31 acres) affecting Lot 88 -A, being further identified as TMK:(3) 2 -8- 008:100, as more particularly described in Exhibit N and depicted on Exhibits 1 and 1 -C, attached hereto and incorporated by reference herein; As used herein, the term "pedestrian public access" shall mean and be limited to uses allowed by the public pedestrian access usage regulations as provided in Planning Department Rule 21, Public Access: Usage. -5- • If portions of the sea cliff erode away, destroying the Public Access Easements or making said easements hazardous, the Public Access Easements shall be relocated to a safe location mauka of the destroyed Public Access Easements, including but not limited to Lots 25 and 26, where the public access trail is located outside of the east/makai boundary of the Project as shown on Exhibit 2 attached hereto and incorporated by reference herein. The County of Hawaii shall survey the new Public Access Easements, and prepare an Amended Grant of Easements to be recorded against the Property by the Grantor, and its successors and assigns. Where the trails do not exist on the ground in the area of the desired lateral pedestrian public access, Grantor shall have no obligation to make trails, except that Grantor shall initially grade the mauka -makai pedestrian public access easements sufficient for foot traffic. Grantor shall initially grade and prepare the parking easements to be suitable for parking vehicles. 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. The regulation on the use of the Public Access Easements described hereinabove, including activities prohibited within the Public Access Easements shall be pursuant to Planning Department Rule 21, Public Access: Usage. In addition, pedestrian public access will be open generally from sunrise or 6:00 a.m., whichever is earlier, to one -half hour beyond sunset or 6:00 p.m., whichever is later. Access for night fishing past 6:00 p.m. shall be allowed pursuant to a permit or registration system approved by the Grantee. Access for night fishing past 6:00 p.m. shall be allowed for those individuals who are actively engaged in night fishing activities, and does not include the right to overnight camping. -6- (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 pedestrian public accesses upon and through the Project. The Grantee shall be solely responsible for maintaining, controlling, insuring and repairing the Public Access Easements and any and all improvements constructed upon and/or located within said Public Access Easements, in a good and safe condition, ordinary wear and tear excepted, excluding pedestrian public access easements P -8, P -10 and P -15 -A which shall be maintained by the Grantor, and its successors and assigns, in walkable condition (for example, by periodic mowing) in compliance with Condition No. 16 under Special Management Area Use Permit No. 449, issued on October 15, 2004. The Grantor, and its successes and assigns shall be responsible for the maintenance of the vehicular public access and parking easements as described in the Second Amended and Restated Declaration of Vehicular and Parking Public Access Easements recorded at the Bureau of Conveyances of the State of Hawaii on June _, 2011, as Document No. 2011- 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, parking 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. -7_ • 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. 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. [the remainder of this page is left intentionally blank signature page to follow] -8- IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. COUNTY OF HAWAII, a municipal CONTINENTAL PACIFIC, LLC, a corporation Delaware limited liability company By< t 1111 ' ' . 'i' OX REYNOLDS HENDERSON Its: Mayor Its Designated Member AGREED AND ACCEPTED: By In / , C° Pla�sfiing Director County of Hawaii Date: /'" V.- (l Agreed as to Form and Legalit .I , orporat'•ounsel Date: JUN 3 0 2011 t _9_ STATE OF F Iot t 4'i ) l ) ss. COUNTY OF jib.I 4D1✓ ) On this j 1 day of MA , 2011, before me personally appeared FOX REYNOLDS HENDERSON, to me personally known/proved to me on the basis of satisfactory evidence, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. """ • REBECCA J. BRYANT ' r 1113111044- `t ' lion # DD 894561 N e: . . :a • LA 16,Z013 - Berds rla Tiogiin «a..a i0114811401 Notary Public, State of Alma =, FI oQida. My commission expires: SU1.1e. 13 STATE OF HAWAI'I ) ss. COUNTY OF HAWAI'I ) On JUL 1 2 2011 , 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 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; the foregoing instrument was signed and sealed on behalf of the County of Hawai'i by authority given to said Mayor of the County of Hawaii by Section 5 -1.3 and 13 -13 of the County p, Charter, County of Hawaii (2000), as amended; and said WILLIAM P. KENOI acknowledged said instrument to be the free act and deed of said County of Hawai'i. �mA . L. S. Notary Public, State of Hawai'i Printed Name: Guillermq G. SumPrm My commission expires: RI )4-113 NOTARY CERTIFICATION STATEMENT Document Identification or Description: Grant of Public Access Easements Doc. Date: JUL 1 2 20 or ❑ Undated at time of notarization No. of Pages: 5 } [including exhibits] Jurisdiction: Third Circuit /PAAA.A. • L.►•..om. 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I l ia o� eta >1- �� !c C7 1 A (11 = c s l u. i I EXHIBIT I -D A 4 D f << m Z & 2 el --i ' • F r b N U y r i ■ 1 Z1 _ WILL a l 1 . ; 861131 . .L .601 I 1 --- � t J ini, -4. ‘i _ i7 ? r , a 1 r- 1 ! --, N. ? Pa r A 1 \ , r� t h 1 ' - ' - 41 / / li 1 CM /1 / -,/ r- :: ill / . a , i �-, 1-1 iii Om t I if I I/ " \ a - rn: 1 a s 1 J/ r ; � M E....) 1 le I --,._. _ 1 1 / CA 1 .7 ' v z $ c -- r I s Z r- " I ? i la Sti›-IIM 411 �� � 1 11 4 , I i j r 73 _ > V - ' CL'a < a .i Z eLgZ 1 / ' J �� '! C pa > , D c= 4 Z J . 'il 1' ai tom / 1 0 I, N =, j .' � / ". • s- m s n 0 *> O ; ` A , 6 r p-t O nice i $to ;6' S P> _ r- 11 � 'qe N SPA 3.y) r � 2 g� >r ° COg ge Co EXHIBIT I -E SO 0 as (10 o �p01 a n'1 0 /' NO �g titi• a 0 8 2 . \ 69' 6ti� � o ��o r 0 W � �y5 / ' � , to, ost5 F � � l �_ .23� .••••- � . rte - \ ,o ! s,.:- � i l0 • 0 40 Ol ., a? m / 4 / , ~Q £,� r i *R :q i ce' 4 � \ •,. / � O \ / y Y � �' • s at r N•7� t �ti v ; & P g W v SJl� wi. �1/ • t ^ 1 /. se . I % ro.� ' , j ' •°— • �2d B � • Z e�� •4r) fi ` .o ' \ °;� � ;0, ti • • A. 9l s F� 1 CO of —` •• 3 i Po ,,, , 11 * B£ CO k 1p / .� oy F I I ( 0 0z -ea a, `� j b o w �z ''set 'W II z ° �_ i �i r �. l i ^ a � � 4 � d � ° o �' ' � � >J II I -t + 0 � '°a ! o `"'4 , \ F> d 'L b - mo o ,0 4. , J N Z I 66! 1 243'41 � � ` o r ' /oe� o / � ,1� O' ' o , s 3 £ ! Z ,:„../, ti dim , � _ t _.. Z SZ ,� / �"� 201.24 _ � t :_ Jo, if ✓ __ li o - . / /7 -- R =530.00 ` ~ res 'le/L.' 2 ' a 4 6 ' \ 51 N ° ; ij fr s o v �� a - /' \ g" ^ 5 1 • 2 a O AN ? �d '`�� lko. 4' °•' i o°o F , V2 N P, i -- o h S ✓prU � � 4 236' \ A Y _ b % aso \ / � �' P O� 46 O - ` ^� ti ce 4.1 \N41 T.41 / F t4 a� 0 \ \/ 36 8 a W ,o O` • € ' . 22 2 J $ _ `\ .961t, Q \\ \\ N R 53 00 x � o o 0? . . 5 d i \ \I 5016,,.. 26 � � 2 •02' p o tie v . \ c-.% . 1 i 11 \ , o \ / I \� CP w3 h / c 1` 1 s Rona 4: / 5 N ' ! M 9 c )0\ k ok arc A l • / N � W /4. / \.0,.0 lc<ioerl • / / Gyv • / Sisg • �1 (Jaunt()) EXHIBIT 2 h J.og ' 0 aIlauu ,� � 7-..c—§s, // o ∎ .v If !07 ��' Fps EASEMENT P -1 FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII AFFECTING LOT 70-J-1 ' BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO; ROYAL PATENT 8164, LAND COMMISSION AWARD 5663 TO KAHONU; GRANT 1 030 TO KAINA; GRANT 872 TO EMMA METCALF; AND ROYAL PATENT 1654, LAND COMMISSION AWARD 2289 TO KAUHOLA AT KAPEHU, KAUPAKUEA, KAHUA, MAKAHANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at a '/z" pipe (set) at the South corner of this easement, same being also the West corner of Lot 20, being a portion of Royal Patent 1654, Land Commission Award 2289 to Kauhola, the coordinates of said point of beginning refereed to Government Survey Triangulation Station "ALALA" being, 9,953.53 feet North and 4,488.72 feet East and thence running by azimuths measured clockwise from true South: 1. 105° 04' 10.00 feet; 2. 195° 04' 306.14 feet; 3. 224° 44' 188.53 feet; 4. 200° 27' 225.60 feet; 5. Thence following along the top of Pali as surveyed on October 22, 2002, the direct azimuth and distance along said top of pall being: 290° 27' 10.00 feet; -1- 420 Waiakamilo Road Planning Suite 411 ' Engineering Honolulu Hawaii 96817 -4941 Environmental Services Telephone 808 842 1133 �``' Photogrammetry Fax 808 842 1937 A Surve Internet www.rmtowill.com R. M. TOM! CORPORATION Construction Management SINCE 1930 - EXHIBIT A • 6. 20° 27' 227.75 feet; 7. 44° 44' 188.03 feet to a 1/2" pipe (set); 8. 15° 04' 303.49 feet along Lot 20, being a portion of R.P. 1654, L.C.Aw. 2289 to Kauhola, to the point of beginning and containing an area of 0.165 Acre. R. M. TOWILL CORPORATION 1l HA SUN LI "EN. D 1r Description prepared by: PROFESSIONAL LAMD * SUi3Vt!OR * Alt) 420 Waiakamilo Road, Suite 41 mo. ; .;;0E. Ryan 11I. Suzuki Honolulu, Hawaii 96817 Licensed Professional Land Surveyor August 24, 2006 7 +i l { , Number $ Certificate Ntber 10,059 y Expiration Date: 4/30/08 -2 420 Waiakamilo Road 0 Manning Suite 411 ' Engineering Honolulu Hawa i 9681 7 -494 1 Environmental Services Telephone 808 842 1 133 �`�' Photogrammetry Fax 808 842 1937 Surveying Internet www rmtowill.corn R. M. TOWILL CORPORATION Construction Management SINCE 1930 I EASEMENT P -2 For Public Access (Pedestrian) Purposes IN FAVOR OF THE COUNTY OF HAWAII AFFECTING LOT 7 BEING A PORTION OF GRANT 872 TO EMMA METCALF AT KAUPAKUEA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at the Southwest corner of this easement, being also the Northwest corner of Lot 6, being a portion of Grant 872 to Emma Metcalf, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 7,747.25 feet North and 5,775.21 feet East and thence running by azimuths measured clockwise from true South: 1. Along Lot 93 (for road & utility purposes), being portions of R. P. 7192, L C. Aw. 8559-B, Ap. 17 & 18 to Wm. C. Lunalilo; R. P. 8164, L C. All. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R. P. 1654, L. C. Aw. 2289 to Kauhola, on a curve to the right with a radius of 1,470.00 feet, the chord azimuth and distance being: 178° 29' 48" 10.10 feet; 2. 260° 38' 333.10 feet; 3. 254° 44' 521.02 feet; 4. 355° 43' 10.19feet along Lot 70, being portions of R. P. 7192, L. C. Aw. 8559 -B, Ap. 17 & 18 to Win. C. Lunalilo; Grant 1158 to j. Pelham; R. P. 8164, L C. Aw. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R. P. 1654, L C. Aw. 2289 to Kauhola to a '/:" pipe (set); 5. 74° 44' 519.60 feet along Lot 6, being a portion of Grant 872 to Emma Metcalf to a 1/2" pipe (set); -1 420 Waiakamilo Road Suite 411 Engineering ' Planning Honolulu Hawaii 96817 -4941 Environmental Services Telephone 808 842 1133 �`� Fax 808 842 1937 Photogrammetry Internet www.rmtowill.com R. M. TOWILL CORPORATION Construction Management SINCE 1930 EXHIBIT B t ( I 6. 80° 38' 335.00 feet along Lot 6, being a portion of Grant 872 to Emma Metcalf to the point of beginning and containing a area of 0.196 Acre. O sS K' 1 '1. t.. .. R. M. TOWILL CORPORATION Q LICENSED ,,ty PROFESSIONAL ` Description prepared by: *. LAND SURVEYOR No. 10744 'jam ''k j.,...12-- 420 Waiakamilo Road, Suite 411 'S► P' Ross K. Tanaka Honolulu, Hawaii 96817 �l'�'All, U,S Licensed Professional Land Surveyor September 8, 2005 Certificate Number 10,744 • -2- 420 Waiakamilo Road Planning Suite 411 Engineering Honolulu Hawaii 96817.4941 40411, Environmental Services Telephone 808 842 1133 �`� Photogrammetry i Fax 808 842 1937 Surveying Internet www.rmtowill.com R. M. TOWI LL CORPORATION Construction Management SINCE 1030 EASEMENT P-6 FOR PUBLIC ACCESS (PARKING AND PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII AFFECTING LOT 23 BEING A PORTION OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO AT MAKAHANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at a t/" pipe (set) at the Northwest corner of this easement, same being also the South side of Lot 93 (Road & Utility Purposes), being portions of R.P. 7192, L.C..Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; R.P. 8164, L.C.Aw. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R.P. 1654, L.C.Aw. 2289 to Kauhola, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 3,555.32 feet North and 8,507.87 feet East and thence running by azimuths measured clockwise from true South: 1. 267° 57' 30" 74.66 feet along Lot 93 (Road & Utility Purposes), being portions of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; R.P. 8164, L.C.Aw. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R.P. 1654, L.C.Aw. 2289 to Kauhola to a' /s" pipe (set); 2. Thence along Lot 93 (Road & Utility Purposes), being portions of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; R.P. 8164, L.C.Aw. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R.P. 1654, L.C.Aw. 2289 to Kauhola, on a curve to the right with a radius of 45.00 feet, the chord azimuth and distance being: 284 44' 13" 25.98 feet to a t /z" pipe (set); -1- 420 Waiakamito Road Planning Suite 411 ' Engineering Honolulu Hawaii 96817.4941 `` Environmental Services Telephone 808 842 1133 Photogrammetry Fax 808 841 1937 Surveying Internet www.rmtowill.corn R. M. TOWILL CORPORATION Construction Management SINCE 1930 EXHIBIT C • EASEMENT "P -6 -A" For Public Access (Pedestrian) Purposes • IN FAVOR OF THE COUNTY OF 'HAWAII Affecting and Within Lot 22, Pepeekeo Point Subdivision Kapehu, Kaupakuea, Kahua & Nlaicahanaloa South Hilo, island of Hawaii, Hawaii Beginning,at.a.point,atthe southeast ,comer. of this easement, being also, the ,northeast .corner .of • Lot 21, and at the figiweater marf( as Shown on a rflap prepared by George S. Yoshim dated March i 2001, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Alala" being 3,239.95 feet north and 8,503.18 feet east and thence running by azimuths measured clockwise from true south: 1. 107° 24' 21" 120.13 feet along Lot 21; 2. 216° 51' 30" 108.16 feet along Easement "5" for Road & Utility Purposes; 3. 306° 12' 14.50 feet along Easement "5" for Road & Utility Purposes; • 4. 214° 01' 127.03 feet along Easement "6" for Road & Utility Purposes; thence along Easement "5" for Road & Utility Purposes, along a curve to the left, having a radius of 650.00 feet, the chord azimuth and distance being: 5.213° 24' 58" 13.63 feet; 6. 21' 30" 83.72 feet along Lot 2310 a point at the btghwater mark as shown on a map prepared by George S. Yoshimura dated March 2001; thence along the highwater mark as shown on -a map prepared by George S. Yoshimura dated March 2001 in all of its windings, the direct azimuth and distance being: 7. 25° 23' 169.70 feet to the point of beginning and an area of 16,800 square feet game • or less. Q P J�H. MU9 '7' PAUL' N. MURRAY '& ASSOCIATES, LLC LICENSED PROFESSIONAL / A * LAND •k By. v / SURVEYOR Paul H. Murray LPLS No. LS - 7589 Licensed Professional Lan! Surveyor 's' P' Certificate Number: LS -7589 4 1 11, 111 V S Expiration Date: April 30, 2008 Hilo, Hawaii February 17, 2008 phm 05-20, hco22e-d-p6a TMK 2 -87008:150 •PAUL H..MURRAY & ASSOCIATES, LLC LICENSED PROFESSIONAL LAND SURVEYORS P. O. BOX 1189 HILO. HAWAII 96721 -1189 EXHIBIT D • 3. Thence along Lot 93 (Road & Utility Purposes), being portions of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; R.P. 8164, L.C.Aw. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R.P. 1654, L.C.Aw. 2289 to Kauhola, on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being: 272 23' 37" 43.80 feet; 4. 333 16' 17" 2.30 feet; 5. Thence following along the top of pali as surveyed on October 22, 2002, the direct azimuth and distance between points along said top of pali being: 30° 01' 164.00 fee t; 6. 157° 21' 30" 162.35 feet along Lot 92 -A, being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo, to the point of beginning and containing an area of 0.25 Acre (more or less). R. M. TOWILL CORPORATION ���� SJ►. S(,t` LICEVSEU 17 Description prepared by PROFESSIONAL I* SU �+ IJi •J 420 Waiakamilo Road, Suite 41 No.13009 Ryan M. Sz .16.44 Honolulu, Hawaii 96817 4:94, U c,, P Licensed Professional Land Surveyor August 24, 2006 Certificate Number 10,059 Expiration Date: 4/30/08 —2— 420 Waiakamilo Road Planning Suite 411 Engineering Honolulu Hawaii 96817 -4941 ' Environmental Services Telephone 808 842 1133 p5 Photogrammetry Fax 808 842 1937 R. M. Surveying R Internet www.rmtowill com . M. TOWI LL CORPORATION Construction Management SINCE 1930 EASEMENT "P -6 -B" -For-Public Access (Pedestrian) -Purposes IN FAVOR OF THE COUNTY OF HAWAII Affecting and Within Let 21,.Pepeekeo Point Subdivision Kapehu, Kaupakuea, Kahua & Makahanaloa South Hilo. Island of Hawaii, Hawaii Beginning at a point at the-northeast comerof this easement, being also the southeast corner.of Lot 22, and at the highwater mark as shown on a map prepared by George S. Yoshimura dated March 2001, the coordinates of said point of beginning referred to Govemment Survey Triangulation Station "Alala" being 3,239.95 feet north- and-8,503.18•feet east-and thence.running by-azimuths measured clockwise -from true south along the highwater mark as shown on a map by George S. Yoshimura dated March 2001 in all of its windings, the direct azimuth and distance being: 1. 18° 25' 262,72 feet; • 2./09° '37' 19" '181:98 along Lot - 92 -A; 3. 206° 30' 83.33 feet along the remainder of Lot 21; • - 4.213° .55' 20" 148 23.feet.81pA9 gmoruitni "5 "4orR & - Utility Purposes; 5. 216° 51' 30" 33.14 feet along Easement "5" for Road & Utility Purposes; 7. 287° 24' 21" 120.13 feet to the point of beginning and containing an area of 33,373 square feet more or less. Subject, however, to Easement "W•t2 ", A 173 square met, for MU and Waterline Purposes, affecting and - within the- easement - described - herein. J4 H. M(�R� Q '9I- PAUL.H_ MURRAY & ASSOCIATES,. LLC I / LIC ENS ED PROFESSIONAL • * LAND * By: `' v ' SURVEYOR No. LS - 7589 Paul H Murray LPLS Licensed Professional Land Surveyor y'9yyA 13;7. Certificate Number. LS -7589 Expiration :Date: April 30, 2008 Hilo, Hawaii February 17, 2008 phm 05.20, hco22e -d -p6b TMK 2-8-008:149 • -PAUL H. MURRAY .8 ASSOCIAThS, LLC LICENSED PROFESSIONAL LAND SURVEYORS P Q. .BQX 1189 HI)..O, HAWAII 96721-1189 EXHIBIT E • EASEMENT P -8 FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOTS 73 AND 88 -A BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO AT MAKAHANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at the West corner of this easement, same being also the East side of Lot 98 (Road & Utility Purposes), being a portion of R.P. 7192, L.CAw. 8559 - Ap. 17 & 18 to William C. Lunalilo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 211.46 feet North and 8,007.77 feet East and thence running by azimuths measured clockwise from true South: 1. 176° 06' 10.36 feet along Lot 98 (Road & Utility Purposes), being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; 2. 281 14' 165.48 feet; 3. 267° 17' 542.00 feet; 4. 319 25' 12.67 feet; 5. 87° 17' 551.00 feet; 6. 101° 14' 164.00 feet to the point of beginning and containing an area of 0.159 Acre. -1- 420 Waiakamilo Road Planning Suite 411 ' Engineering Honolulu Hawaii 9681 7 -494 1 Environmental Services Telephone 808 842 1 133 � ``' Photogrammetry Fax 808 842 1937 Surveying Internet www.rmtowdlcom R. M. TOWILL CORPORATION Construction Management S!NCE 1930 EXHIBIT F • yy ( R. M. TOWILL CORPORATION YV �t:\. �1 r ! ^ !C`uv`D v Description prepared by: - ar i l Suite 41 No, =a / )RyaWU 420 Wakamo Road, n Honolulu, Hawaii 96817 i):4vii . ''�. ''' Licensed Professional Land Surveyor August 24, 2006 �il�, V ' y Certificate Number 10,059 Expiration Date: 4/30/08 —2- 420 Waiakamilo Road - Planning Suite 411 ' Engineering Honolulu Hawaii 968174941 '�`' Environmental Services Telephone 808 842 1 133 Photogrammetry Fax 808 842 1937 A Surveying Internet www.rmtow M ill.com R. M. TOW1 LL CORPORATION Constructior, Management SINCE. 193G { EASEMENT P -10 FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOTS 79 AND 88 -A BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO AT MAKAHANALOA, SOUTH. HILO, ISLAND OF HAWAII, HAWAII Beginning at the West corner of this easement, same being also the East side of Lot 98 (Road & Utility Purposes), being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to Witham C. Lunalilo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 957.94 feet South and 7,825.52 feet East and thence running by azimuths measured clockwise from true South: 1. 286 18' 734.95 feet; 2. 4 52' 10.20 feet; 3. 106° 18' 740.53 feet; 4. Thence along Lot 98 (Road & Utility Purposes), being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo, on a curve to the left with a radius of 325.00 feet, the chord azimuth and distance being: 215° 52' 08" 10.61 feet to the point of beginning and containing an area of 0.169 Acre. -1- 420 Waiakamilo Road Planning Suite 411 ' Engineering Honolulu Hawaii 968174941 :``' Environmental Services Telephone 808 842 1133 Photogrammetry Fax 808 842 1937 Surve Internet www.rmtowill.com R. M. TOWILL CORPORATION ronstrunion Management SINCE 9530 EXHIBIT G I ` . • R. M. TOWILL CORPORATION f ` \'� LIC, 4:10 . " Description prepared by: <, � ?F1'rEiAl 11x1 Ct t SURVEYOR }r ) 420 Waiakamilo Road, Suite 411 s''o• 1333 Ryan M. uzuki Honolulu, Hawaii 96817 '''�;y-111 U `� Licensed Professional Land Surveyor August 24, 2006 Certificate Number 10,059 Expiration Date; 4/30/08 -2- 420 Waiakamilo Road Planning Suite 411 � Engineering H w Honolulu Hawaii 96817 -4941 Environmental Services Telephone 808 842 1 133 Photogrammetry Fax 808 842 1937 Surveying Internet www.rmtowill.com R. M. TOWILL CORPORATION Construction Management SINCE 1930 EASEMENT P -11 -A FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOT 70-J-1 BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO; ROYAL PATENT 8164, LAND COMMISSION AWARD 5663 TO KAHONU; GRANT 1030 TO KAINA; GRANT 872 TO EMMA METCALF; AND ROYAL PATENT 1654, LAND COMMISSION AWARD 2289 TO KAUHOLA AT KAPEHU, KAUPAKUEA, KAHUA, MAKA.HANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at the Northwest corner of this easement, same being also the Northwest corner of Lot 70-J-1, being portions of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; R.P. 8164, L.C.Aw. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R.P. 1654, L.C.Aw. 2289 to Kauhola, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 10,614.67 feet North and 4,703.78 feet East and thence running by azimuths measured clockwise from true South: Following along the top of pali as surveyed on October 22, 2002, for the next twenty seven (27) courses, the direct azimuths and distances between points along said top of pali being. 1. 284° 52' 68.67 feet; 2. 279 05' 67.50 feet; 3. 253 41' 357.00 feet; 42C Waiakamilo Road Planning Suite 411 ' Engineering Honolulu Hawaii 96817 -4941 Environmental Services Telephone 808 842 1133 Photogrammetry Fax 808 842 1937 Surveying Internet www.rmtowill com � R. M. TOWILL CORPORATION Construction Maagement SINCE 1930 EXHIBIT H • 4. 333° 11' 178.00 feet; 5. 266 30' 455.99 feet; 6. 340 44' 150.61 feet; 7. 322 12' 348.00 feet; 8. 312 52' 581.00 feet; 9. 6° 46' 229.00 feet; 10. 338° 46' 335.00 feet; 11. 290° 26' 200.00 feet; 12. 315° 03' 477.00 feet; 13. 5 07' 258.00 feet; 14. 31 16' 371.00 feet; 15. 2° 51' 339.00 feet; 16. 335° 52' 246.00 feet; 17. 310 58' 340.00 feet; 18. 11° 41' 349.00 feet; 19. 345 13' 366.00 feet; 20. 21 01' 233.00 feet; 21. 313° 23' 472.00 feet; 22. 277 16' 1,066.00 feet; 23. 299° 17' 156.00 feet; 24. 16° 46' 106.01 feet; -2 420 Waiakamilo Road - Planning Suite 411 Engineering Honolulu Hawaii 96817.4941 I`` Environmental Services Telephone 808 842 1133 Photogrammetry fax 808 842 1937 Surveying Internet www.rmtowill.com R. M. TOWILL CORPORATION Construction Management SINCE 1930 25. 326 40' 225.29 feet; 26. 22 29' 579.00 feet; 27. 352 42' 38.06 feet; 28. 75 18' 33.16 feet; 29. 182° 00' 52.27 feet; 30. 189 20' 123.00 feet; 31. Thence on Si curve to the right with a radius of 300.00 feet, the chord azimuth and distance being. 204° 43' 159.17 feet; 32. 220 06' 132.00 feet; 33. Thence on a curve to the left with a radius of 100.00 feet, the chord azimuth and distance being. 195° 51' 82.14 feet; 34. 171 36' 112.00 feet; 35. 121 14' 56.00 feet•, 36. Thence on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being. 164 17' 136.53 feet; 37. 207 20' 58.00 feet; 38. Thence on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being 158° 59' 74.72 feet; 39. 110 38' 93.00 feet; 40. 96° 14' 310.00 feet; -3- 420 Waiakamilo Road 411■ Planning Suite 411 ngineering Honolulu Hawaii 46817.4941 Environmental Services Telephone 808 842 1 133 �` EnvirPhotogrammetry Fax 808 842 1937 Internet www.rmtowill.com R. M. TOWI LL CORPORATION Management SINCE 1930 • • 41. 108° 24' 85.00 feet; 42. Thence on a curve to the left with a radius of 700.00 feet, the chord azimuth and distance being: 98 01' 252.33 feet; 43. 87° 38' 75.00 feet; 44. 100 50' 90.00 feet; 45. 83 20' 193.00 feet; 46. 122 20' 61.00 feet; 47. Thence on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being: 146° 44' 82.62 feet; 48. 171° 08' 100.00 feet; 49. Thence on a curve to the left with a radius of 50.00 feet, the chord azimuth and distance being: 127° 32' 68.96 feet; 50. 83° 56' 40.00 feet; 51. Thence on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being: 99° 47' 54.62 feet, 52. 115 38' 120.00 feet; 53. Thence on a curve to the tight with a radius of 100.00 feet, the chord azimuth and distance being: 172 17' 167.07 feet; 54. Thence on a curve to the left with a radius of 100.00 feet, the chord azimuth and distance being: 204° 28' 82.83 feet; 55. 180 00' 215.00 feet; -4- 420 Waiakamilo Road 01 Planning Suite 411 Engineering Honolulu Hawaii 913817.4941 Environmental Services Telephone 808 842 1133 �'`�' Photogrammetry Fax 808 842 1937 Surveying Internet www.rmtowill.com R. M. TOWILL CORPORATION Construction Management SiNCE 1930 56. Thence on a curve to the left with a radius of 275.00 feet, the chord azimuth and distance being: 163 46' 153.75 feet; 57. 147 32' 119.00 feet; 58. 216 30' 56.00 feet; 59. 190 52' 215.00 feet; 60. Thence on a curve to the left with a radius of 110.00 feet, the chord azimuth and distance being: 150° 46' 141.71 feet; 61. 110 40' 56.00 feet; 62. Thence on a curve to the right with a radius of 200.00 feet, the chord azimuth and distance being: 132° 58' 151.78 feet; 63. 155° 16' 180.00 feet; 64. Thence on a curve to the right with a radius of 250.00 feet, the chord azimuth and distance being: 166 58' 101.39 feet; 65. 178 40' 247.00 feet; 66. Thence on a curve to the right with a radius of 200.00 feet, the chord azimuth and distance being. 192 15' 93.94 feet; 67. 205 50' 118.00 feet; 68. Thence on a curve to the right with a radius of 700.00 feet, the chord azimuth and distance being 210° 15' 107.81 feet; 69. 214° 40' 132.00 feet; a20 Waiakamilo Road Planning Suite 411 ' Engineering Honolulu Hawaii 96817 -4941 I Environmental Services Telephone 808 842 1133 Photogrammetry Fax 808 842 1937 Surveying Internet www.rmtowill.corn R. M. TOWILt CORPORATION Construction Management SINCE 1930 • 70. Thence on a curve to the left with a radius of 100.00 feet, the chord azimuth and distance being: 197° 19' 59.64 feet; 71. 179 58' 123.00 feet; 72. Thence on a curve to the left with a radius of 200.00 feet, the chord azimuth and distance being. 162 04' 122.94 feet 73. 144 10' 80.00 feet; 74. Thence on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 137° 54' 109.16 feet; 75. 131 38' 164.00 feet; 76. Thence on a curve to the left with a radius of 200.00 feet, the chord azimuth and distance being: 117° 39' 96.66 feet; 77. 103° 40' 84.00 feet; 78. 'Thence on a curve to the .right with a radius of 150.00 feet, the chord azimuth and distance being: 134° 06' 151.96 feet; 79. 164 32' 215.00 feet; 80. Thence on a curve to the right with a radius of 275.00 feet, the chord azimuth and distance being: 177 41' 125.13 feet; 81. 190 50' 63.00 feet; 82. Thence on a curve to the left with a radius of 100.00 feet, the chord azimuth and distance being: 165 21' 86.05 feet; 83. 139° 52' 176.00 feet; -6- 420 Waakamilo Road 0 Suite 411 /II Planning ij Engmccring Honolulu Hawaii 96817.4941 Environmental Services Telephone 808 842 1133 1 Photog ram met ry Fax 808 842 1937 Surveying Internet www.rmtowill.corrr R. M. TOWI LL CORPORATION Construction Management SINCE 1930 84. 132 48' 108.00 feet; 85. Thence on a curve to the left with a radius of 160.00 feet, the chord azimuth and distance being: 112 50' 109.27 feet; 86. Thence on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being: 120 11' 91.78 feet•, 87. 147° 30' 233.00 feet; 88. 151° 32' 78.00 feet; 89. 136 30' 126.00 feet; 90. 168 38' 68.00 feet; 91. Thence on a curve to the left with a radius of 115.00 feet, the chord azimuth and distance being: 105 14' 205.66 feet; 92. 41° 50' 78.00 feet; 93. Thence on a curve to the right with a radius of 80.00 feet, the chord azimuth and distance being 78° 54' 96.44 feet; 94. 115 58' 101.00 feet; 95. Thence on a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 135 09' 98.58 feet; 96. 154 20' 94.00 feet; 97. 88° 23' 87.00 feet; -7- 420 Waiakamilo Road 10h Planning Suite 411 I Engineering Honolulu Hawaii 96817 -4941 Environmental Services Telephone 808 842 1133 !`` Photogrammetry Fax 808 842 1937 M. Surveying M Internet www.rmtowill.com R. . TOWILL CORPORATION Construction Management SINCE 1930 • 98. Thence on a curve to the left with a radius of 150.00 feet, the chord azimuth and distance being. 77° 45' 55.36 feet; 99. 67 07' 102.00 feet; 100. 73 27' 62.04 feet; 101. Thence on a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 89° 54' 84.95 feet; 102. 106° 21' 81.99 feet; 103. 178 17' 25.21 feet to the point of beginning and containing and area of 7.58 Acres (more or less). R. M. TOWILL CORPORATION M' SU? ' Description prepared by: PROFEEZ.IC.INAL fit' SURYEYdR ft 420 Waiakamilo Road, Suite 4 No 1CCr79 Ryan . Suzuki Honolulu, Hawaii 96817 �5 c: Licensed Professional Land Surveyor August 24, 2006 141 411, Certificate Number 10,059 Expiration Date: 4/30/08 -8- 420 Waiakamilo Road Planning Saw 411 Engineering Envir Honolulu Hawaii 96817-4941 ` Environmental Services Telephone 808 842 1 133 Photogrammctry Fax 808 842 1937 Surveying Internet www.'mtowiltcom R. M. TOW LE. CORPORATION Construction Management SINCE 1930 EASEMENT P -11 -B FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOTS 27, 28, 29 AND 30 BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO AT MAKAHANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at the North corner of this easement, same being also the Northeast corner of Lot 30, being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 5,116.74 feet North and 8,467.59 feet East and thence running by azimuths measured clockwise from true South: 1. 255 18' 33.16 feet; Thence following along the top of pali as surveyed on October 22, 2002, for the next five (5) courses, the direct azimuths and distances between points along said top of pall being. 2. 354° 43' 299.35 feet; 3. 297° 20' 300.44 feet; 4. 310° 26' 208.38 feet; 5. 270 28' 281.04 feet; 6. 26° 02' 167.00 feet; 7 . 89 42' 20" 54.24 feet along a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; -1 420 Waiakamilo Road Planning Suite 411 Engineerg Honolulu Hawaii 9681 7 -494 1 Environmental Services Telephone 808 1133 �``' Fan 808 842 1937 Photogrammetry Survey Internet www.rmtowdl com R. M. TOWI LL CORPORATION Construction M SINCE 1930 EXHIBIT 1 8. 210 00' 87.12 feet; 9. 99 10' 150.00 feet; 10. Thence on a curve to the right with a radius of 150.00 feet, the chord azimuth and distance being: 120° 52' 110.92 feet; 11. 142 34' 31.00 feet; 12. Thence on a curve to the left with a radius of 200.00 feet, the chord azimuth and distance being. 115° 25' 182.53 feet; 13. 88° 16' 47.00 feet; 14. 124 28' 178.02 feet; 15. Thence on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being: 162 30' 123.22 feet; 16. Thence on a curve to the left with a radius of 100.00 feet, the chord azimuth and distance being. 178 32' 74.92 feet; 17. 156 32' 43.00 feet; 18. Thence on a curve to the right with a radius of 100.00 feet, the chord azimuth and distance being: 169° 16' 44.08 feet; 19. 182 00' 81.73 feet to the point of beginning and containing and arca of 1.14 Acres (more or less). -2- 420 Waiakamrlo Road Suite 411 ;I' Planning Engineering Honolulu Hawaii 96817 -4941 ' Environmental Services Telephone 808 842 1133 Photngramme *.ry Fax 808 842 1937 nn Internet www.rmtowd R l.com R. M. TOWI LL CORPORATION Constru Surveying Management SINCE 1930 . R. M. TOW1LL CORPORATION `�,�„ pA. �U�G 'f' L!C - Description prepared by: PP 4 ∎ONRlL * vURVEI'OR * � c�io�c//N�1 /�vnar�" LIND 420 Waiakamilo Road, Suite 41 I o.1005 Ryan M. uzuki 1 Honolulu, Hawaii 96817 A. ,� V g�'' Licensed Professional Land Surveyor August 24, 2006 Certificate Number 10,059 Expiration Date: 4/30/08 -3- 420 Wa akamiio Road Planning Suite i 9 1/ Sa Engineering Honolulu Hawaii 842 1 1 33 Environmental Services Telephone 808 842 133 �` Fax 808 842 1937 TT �� A Photogrammetry in www.rmtowill.com M . ToW1 LL CORPORATION Constructi n Management SINCE 1930 EASEMENT P42 FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOT 70 -J-1 BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO; ROYAL PATENT 8164, LAND COMMISSION AWARD 5663 TO KAHONU; GRANT 1030 TO KAINA; GRANT 872 TO EMMA METCALF; AND ROYAL PATENT 1654, LAND COMMISSION AWARD 2289 TO KAUHOLA AT KAPEHU, KAUPAKUEA, KAHUA, MAKAHANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at a t /z" pipe (set) at the West corner of this easement, same being also the Southeast corner of Lot 7, being a portion of Grant 872 to Emma Metcalf, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 7,938.59 feet North and 6,607.00 feet East and thence running by azimuths measured clockwise from true South: 1. 175° 43' 10.19 feet along Lot 7, being a portion of Grant 872 to Emma Metcalf, 2. 254 44' 164.46 feet; 3. 0 27' 10.39 feet; 4. 74 44' 163.59 feet to the point of beginning and containing an area of 0.038 Acre. -1 420 Waiakamilo Road Suite 411 Planning Honolulu Hawaii 9681 7 -494 1 ' Engineering Environmental Services Telephone 808 842 1133 �``' Photogrammetry Fax 808 842 1937 Surveying Internet WWW.rrntowilLCOm R. M. TOWILL CORPORATION Construction Management SINCE 1930 EXHIBIT J M. `SV • R. M. TOWILL CORPORATION ( / cD\ Description prepared by: PROF ";,S1 :'4AL 420 Waiakamilo Road, Suite 411 NO. 1CO50,,, Ryan Suzuki (/ • Honolulu, Hawaii 96817 �4 L,�' Licensed Professional Land Surveyor August 24, 2006 Certificate Number 10,059 Expiration Date: 4/30/08 -2 420 Waiakamilo Road 010. Planning Suite 411 Engineering Honolulu Hawaii 96817.4941 Environmental Services Telephone 808 842 1 133 �`` Fax 808 842 1937 Photogrammetry Internet www.rmtowdl com R Survng . M. TOWI LL CORPORATION Construction Management SINCE 1930 i . EASEMENT P -14 -A FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES) IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOTS 23, 24 AND 25 BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO AT MAKAI -I NALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at the Southwest corner of this easement, same being also the West corner of Lot 23, being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 3,549.55 feet North and 8,651.37 feet East and thence running by azimuths measured clockwise from true South: 1. Along Lot 93 (Road & Utility Purposes), being portions of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; R.P. 8164, L.C.Aw. 5663 to Kahonu; Grant 1030 to Kaina; Grant 872 to Emma Metcalf; and R.P. 1654, L.C.Aw. 2289 to Kauhola, on a curve to the left with a radius of 45.00, the chord azimuth and distance being: 206° 03' 08.5" 54.44 feet; 2. 258 50' 7.90 feet; 3. Thence on a curve to the right with a radius of 40.00 feet, the chord azimuth and distance being: 319° 34' 69.79 feet; 4. 20° 18' 11.82 feet; -1- 420 Waiakamilo Road ' Planning Suite 411 Engineering Honolulu Hawaii 96817-4941 �� Environmental Services Telephone 808 842 1133 Photogrammetry Fax 808 842 1937 Surveying Internet www.rmtowdl com R. M. TOW1LL CORPORATION Construction Management SINCE 1930 EXHIBIT K • • 5. Thence on a curve to the left with a radius of 35.00 feet, the chord azimuth and distance being: 344 45' 40.70 feet; 6. 309 12' 55.30 feet, 7. 276 29' 54.40 feet; 8. 296 36' 47.00 feet; 9. 249 35' 43.00 feet; 10. 234° 29' 67.00 feet 11. 223° 40' 86.00 feet; 12. 195 48' 66.00 feet; 13. 253 06' 41.00 feet; 14. Thence on a curve to the left with a radius of 75.00 feet, the chord azimuth and distance being. 220 28' 80.89 feet; 15. 187 50' 120.00 feet; 16. 229 27' 73.42 feet; Thence following along the top of pali as surveyed on October 22, 2002, for the next four (4) courses, the direct azimuths and distances between points along said top of pali being. 17. 358 40' 141.45 feet; 18. 41° 44' 369.00 feet; 19. 70 10' 146.00 feet; 20. 131° 56' 239.00 feet; -2- 420 Waiakamilo Road Planning Suite 411 a/ ' Engineering Honolulu Hawaii 9681 7 -4941 Environmental Services Telephone 808 842 1133 �`�' Photogrammetry Fax 808 842 1937 Surveying Internet www,rrntowill.com R. M. TOWI LL CORPORATION Construction Management SINCE 1930 21. 153 16' 17" 2.30 feet to the point of beginning and containing an area of 0.77 Acre (more or less). R. M. TOWILL CORPORATION Description prepared by: vz.: A/ A 420 Waiakamilo Road, Suite 41 No. tCC 3 Ryan 1 Suzuki Honolulu, Hawaii 96817 y1 WAI u Licensed Professional Land Surveyor August 24, 2006 Certificate Number 10,059 Expiration Date: 4/30/08 -3- 420 Waiakamilo Road Planning Suite 411 r Engineering Honolulu Hawaii 96817.4941 t> Environmental Services Telephone 808 842 1 133 �` Photogrammetry Fax 808 842 1937 Surveying Internet www.rmtowill.com R. M. TOWI L.L CORPORATION (orstruction Management S;NCE 1930 EASEMENT P -14 -B FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOTS 25 AND 26 BEING PORTIONS OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO AT MAKAHANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at the South corner of this easement and along the top of pall as surveyed on October 22, 2002, same being also the Northeast corner of Lot 24, being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunolilo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 4,000.97 feet North and 9,253.95 feet East and thence running by azimuths measured clockwise from true South: 1. 171° 09' 21.82 feet; 2. 191° 22' 45.88 feet; 3. Thence following along the top of pali as surveyed on October 22, 2002, the direct azimuth and distance between points along said top of pali being. 4° 53' 66.79 feet to the point of beginning and containing an area of 303 square feet (more or Less). -1- 420 Waiakamiio Road Planning Suite 411 Engineering Honolulu Hawaii 96817.4941 �`` Environmental Services Telephone 808 842 1 133 Photogrammetry fax 808 842 1937 Surveying Internet www.rmtowill.com R. M. TOWI LL CORPORATION Construction Management SINCE 1930 EXHIBIT L R. M. TOWILL CORPORATION � 'r LK FNS7D ` Description prepared by: PROFE2Z:C3i`w\ vVn:+ t :� /NN 420 Waiakamilo Road, Suite 4 11 N o. SCS :;J, Ryan Is. . Suzuki Honolulu, Hawaii 96817 y 'Qlyti l u 1 Licensed Professional Land Surveyor August 24, 2006 Certificate Number 10,059 Expiration Date: 4/30/08 -2- . 420 Waiakamilo Road Suite 411 /II Planning Engineering Honolulu Hawaii 96817 -4941 �``' Environmental Services Telephone 808 842 1133 Photogrammetry Fax 808 842 1937 n A A Surveying Internet www R. .rmtow�ll.com R.. M. TOWILL CORP ORATI O N Construction Management S :NCE 1930 EASEMENT P -14 -C FOR PUBLIC ACCESS (PEDESTRIAN) PURPOSES IN FAVOR OF THE COUNTY OF HAWAII OVER AND ACROSS LOT 26 • BEING A PORTION OF ROYAL PATENT 7192, LAND COMMISSION AWARD 8559 -B, APANAS 17 & 18 TO WILLIAM C. LUNALILO AT MAKAHANALOA, SOUTH HILO, ISLAND OF HAWAII, HAWAII Beginning at the Northwest corner of this easement, same being also the East corner of Lot 26, being a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being, 4,210.08 feet North and 9,189.67 feet East and thence running by azimuths measured clockwise from true South: 1. 243° 48' 20" 29.68 feet along a portion of R.P. 7192, L.C.Aw. 8559 -B, Ap. 17 & 18 to William C. Lunalilo; 2. Thence following along the top of pali as surveyed on October 22, 2002, the direct azimuth and distance between points along said top of pali being 350° 11' 79.63 feet; 3. 101° 12' 31.42 feet; 4. 171° 00' 60.00 feet to the point of beginning and containing an area of 1,828 square feet (more or less). 420 Waiakamilo Road Planning Suite 411 I' Engineering Honolulu Hawaii 96817.4941 Environmental Services Telephone 808 842 1133 Photogramrietry Fax 808 842 1937 A Surveying V 1 Internet www,rmtowill.com R. 1 . TOWILL CORPORATION 1 v Construction Management SINCE 1930 EXHIBIT M