HomeMy WebLinkAboutRES 143 Draft 01 2012-2014 JMYY Of N1k'•.
COUNTY OF HAWAII - •� �' %_•- STATE OF HAWAII
RESOLUTION NO. 143 13
RESOLUTION APPROVING AND RATIFYING THE MEMORANDUM OF AGREEMENT
FOR THE MAMALAHOA BYPASS HIGHWAY BY THE COUNTY OF HAWAII AND
EDWARD SEIJI IKEDA, TRUSTEE OF THE EDWARD SEIJI IKEDA REVOCABLE TRUST
DATED MAY 13, 1993, FOR THE ACQUISITION OF AND IMPROVEMENT OF RIGHT-
OF-WAY LOT 29 BEING TAX MAP KEY: (3) 8-1-009:010 (POR.), SITUATED AT
KAAWALOA, DISTRICT OF SOUTH KONA, ISLAND, COUNTY AND STATE OF
HAWAI`I.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Edward Seiji Ikeda, Trustee of the Edward Seiji Ikeda Revocable Trust
dated May 13, 1993 ("Ikeda Trust"), is the owner of the Right-of-Way Lot 29, which contains
an area of 3,393 square feet, more or less, respectively, identified as Tax Map Keys: (3) 8-1-
009:010 (Por.), situated at Kaawaloa, district of South Kona, Island, County and State of
Hawai`i, ("Ikeda Trust's Land") as delineated in Exhibit "A" of the attached Memorandum of
Agreement for the Mamalahoa Bypass Highway by the County of Hawai`i ("County") and
Edward Seiji Ikeda, Trustee of the Edward Seiji Ikeda Revocable Trust dated May 13, 1993
(hereinafter referred to "Memorandum of Agreement"), attached as Exhibit "1"; and
WHEREAS, the County intends to complete the design, construction and development
of a road intended to bypass Mamalahoa Highway in the approximate vicinity between Keauhou
and Captain Cook, Kona; said road is planned to consist of two lanes and a sufficient right-of-
way for expansion to four lanes ("Bypass Highway"); and
WHEREAS, the Mamalahoa Bypass Highway will be constructed through Hokuli`a,
from Ali`i Drive in Keauhou, through an intersection with an extension makai of Haleki`i Street,
and continuing to a southern connection with Mamalahoa Highway in Napo`opo`o, to relieve
acute traffic congestion on Mamalahoa Highway;
WHEREAS, the County owns the completed Phase I of said Mamalahoa Bypass
Highway ("North Segment"), from Keauhou going south, and the extension of Haleki`i Street
and its intersection with the Mamalahoa Highway Bypass;
WHEREAS, the County also owns certain rights-of-way parcels of Phase II of said
Mamalahoa Bypass Highway ("South Segment") from the North Segment of the Mamalahoa
Bypass Highway and Haleki`i Street extension intersection towards the southern connection with
Mamalahoa Highway in Napo`opo`o; and
WHEREAS, it is planned that the route of the South Segment of the Mamalahoa Bypass
Highway will pass through Ikeda Trust's Land, and in anticipation thereof, Ikeda Trust and the
County have agreed on an approximate location for the South Segment of the Mamalahoa
Bypass Highway on Ikeda Trust's Land and as shown on Exhibit "A" attached to the
Memorandum of
Agreement and on certain other matters relating thereto; and
WHEREAS, the County shall pay the Ikeda Trust the amount of$54,050.00 as fair and
just compensation for Ikeda Trust's Land and the Ikeda Trust shall convey Lot 29 to the County
in accordance with the terms and conditions of the Memorandum of Agreement; and
WHEREAS, the County shall do certain improvements and other matters with its
construction of the South Segment of the Mamalahoa Bypass Highway on Ikeda Trust's Land,
and at no cost or expense to the IkedaTrust in accordance with Provision 4 (Specific Covenants
of County) of the Memorandum of Agreement, to mitigate damages to the Ikeda Trust's Land;
and .
WHEREAS, the County, through its Administration or Executive Branch, is seeking
approval and ratification of the Memorandum of Agreement (see attached) because there is an
appropriate and valid Public Purpose, now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Memorandum of Agreement is approved and ratified for the acquisition of Right-of-Way Lot 29,
which contains an area of 3,393 square feet, more or less, respectively, identified as Tax Map
Key: (3) 8-1-009:010 (Por.), delineated in Exhibit"A" of the Memorandum of Agreement
attached hereto for public road and drainage purposes.
BE IT FURTHER RESOLVED that the above referenced Memorandum of Agreement
and any related documents on behalf of the County of Hawai`i is approved and ratified pursuant
to Article XIII, Section 13-13, of the Hawai`i County Charter 2000.
2
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to:
(1) Mayor William P. Kenoi; (2) Warren H.W. Lee, Director of Public Works; (3) Joseph K.
Kamelamela, Senior Deputy Corporation Counsel; and(4) Edward Seiji Ikeda, Trustee of the
Edward Seiji Ikeda Revocable Trust, 1107 Kaweloka Street, Pearl City, Hawai`i 96782.
Dated at Hilo , Hawai`i, this 7th day of August , 2013.
INTRODUCED BY:
COUNCIL MEMI4ER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EOFF X
FORD X
I hereby certify that the foregoing RESOLUTION was by ILAGAN X
the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA X
County of Hawai`i on August 7, 2013 —--
KERN X
ONISI-II X
ATTEST: POINDEXTER X
WILLIE X
YOSHIMOTO X
/ 9 0 0 Q
OP d'& Reference: C-348/Waived PWPRC
COUNTY CLERK CHAIRPERSON &PRESIDING OFFICER RESOLUTION NO. 143 13
3
•
MEMORANDUM OF AGREEMENT FOR
THE MAMALAHOA BYPASS HIGHWAY BY THE
COUNTY OF HAWAII AND EDWARD SEIJI IKEDA,
TRUSTEE OF THE EDWARD SEIJI IKEDA REVOCABLE
TRUST DATED MAY 13, 1993
THIS MEMORANDUM OF AGREEMENT FOR THE MAMALAHOA BYPASS
HIGHWAY ("Agreement") is entered into as of July 15, 2013, by and between the COUNTY
OF HAWAII, a municipal corporation of the State of Hawaii ("County"), whose principal
place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, and EDWARD
SEIJI IKEDA, Trustee of the Edward Seiji Ikeda Revocable Trust dated May 13, 1993 ("Ikeda
Trust"), whose mailing address is 1107 Kaweloka Street, Pearl City, Hawaii 96782.
RECITALS
. 1. The Ikeda Trust is the owner in fee simple of the real property bearing
TMK: (3) 8-1-009:010 ("Ikeda Trust's Land"), and noted in Exhibit "A" attached hereto.
2. The County intends to complete the design, construction and development of a
road intended to bypass Mamalahoa Highway in the approximate vicinity between Keauhou and
Captain Cook, Kona; said road is planned to consist of two lanes and a sufficient right-of-way
for expansion to four lanes ("Bypass Highway").
3. It is planned that the route of the Bypass Highway will pass through Ikeda Trust's
Land, and in anticipation thereof, Ikeda Trust and the County have agreed on an approximate
location for the Bypass Highway on Ikeda Trust's Land and as shown on Exhibit"A" and on
certain other matters relating thereto.
4. Ikeda Trust and the County desire to set forth their agreement with respect to the
Bypass Highway in this Agreement.
AGREEMENT
In consideration of the Recitals set forth hereinabove, which by this reference are
incorporated herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Ikeda Trust and the County agree as follows:
1. Location of Bypass Highway on Ikeda Trust's Land:
1.1 Ikeda Trust's Agreement to Provide Right-of-Way: Within one hundred
twenty(120)days from the date of this Agreement and subject to the terms and conditions of this
Agreement, a right-of-way for the Bypass Highway on Ikeda Trust's Land ("Right-of-Way") the
EXHIBIT "1"
•
County shall pay the Ikeda Trust the amount of$54,050.00 as fair and just compensation for
Ikeda Trust's Land and the Ikeda Trust shall provide such Right-of-Way subject to and in
accordance with this Agreement.
1.2 Location. That the property to be provided for the Right-of-Way are
described in and delineated in Exhibit"A" attached hereto and made a part hereof.
1.3. Standards for the Construction of the Bypass Highway. The Bypass
Highway shall be constructed in conformance with the standards of the County's Department of
Public Works, subject, however, to such modifications as may be required by said Department of
Public Works. The two-lane paved surface of the Bypass Highway shall be constructed within
the Right-of-Way. Construction of the Bypass Highway shall be subject to the standards and
requirements of the County's Department of Public Works and to such modifications as may be
deemed necessary by said Department of Public Works, including, without limitation,those set
forth on Exhibit"B"attached hereto, and to existing terrain and other ground conditions within
the Right-of-Way.
2. Subdivision Right-of-Way. Within sixty days (60) days from the date of this
Agreement,the County agrees that it shall commence to subdivide the Right-of-Way from the
Ikeda Trust's Land("Subdivision")and shall pursue such subdivision work and process with the
County in a continuous manner and shall diligently pursue same to conclusion at its sole cost and
expense. Ikeda Trust agrees that it shall fully cooperate with the County and its consultants in
said subdivision work and process and shall, at the request of the County, execute all reasonably
necessary documents, applications and other submissions relating to said Subdivision to County
and/or State of Hawai`i agencies and/or departments, which relate to said Subdivision.
3. Relinquishment of Ownership of Right-of-Way.
3.1 Conveyance of Right-of-Way: Upon the County's payment of the Right-
of-Way, Ikeda Trust shall convey such Right-of-Way to the County by way of a warranty deed
(in lieu of condemnation) in the form attached hereto as Exhibit "C" ("Warranty Deed"), free and
clear of all liens, encumbrances and claims of any nature, except those permitted by the grantee
as set forth on said Exhibit"C." All costs of such conveyance, including, without limiting the
generality of the foregoing,the costs of subdividing the Right-of-Way from the Ikeda Trust's
Land to permit such conveyance, surveyor's fees incurred in connection with the preparation of
any subdivision map and real property conveyance tax shall be borne by the County.
4. Specific Covenants of County: Concurrently with its construction of the Bypass
highway on Ikeda Trust's Land, and at no cost or expense to the Ikeda Trust, the County agrees
to do the following:
4.1 Septic System and Leach Field: The County shall install a septic system
with a leach field.
2
4.2 Guardrails: The County shall install guardrails along the new road.
Replant existing ti plants along guardrails.
4.3 Mango Tree: The County shall remove the existing large mango tree. The
County shall replant a new mango tree in a location acceptable to County and Ikeda Trust.
5. Notices:
5.1. Generally: All notices, demands and requests that may or are required to
be given by either the County or Ikeda Trust shall be in writing and shall be (A)personally
delivered, or(B) sent by registered or certified mail, return receipt requested, postage prepaid,
addressed as set forth below; or(C) forwarded by Federal Express or similar generally
recognized overnight delivery service regularly providing proof of service. Notices, demands and
requests shall be deemed served or given for all purposes hereunder at the time such notice,
demand or request shall be personally delivered, or three business days following the date of
mailing or forwarding by overnight delivery service as aforesaid. Any refusal to accept delivery
of a written notice delivered or mailed to the addresses set forth below shall be deemed to be
receipt of such notice for the purposes of this Section. The County or Ikeda Trust may change its
address for notice by delivering written notice to the other party in the manner set forth
hereinbefore, which notice shall expressly state that it is being given pursuant to this Section, and
thereafter such party's notice address shall be the new address.
5.2. Addresses: The addresses of the County and Ikeda Trust for notices shall
be as follows:
The County: COUNTY OF HAWAII
25 Aupuni Street
Hilo, Hawai`i 96720
Ikeda Trust: EDWARD S. IKEDA
Trustee of the Edward S. Ikeda Revocable Trust
1107 Kaweloka Street
Pearl City, Hawai`i 96782
Telephone Number: (808) 455-5993
6. Miscellaneous Provisions:
6.1 Independent Review: Ikeda Trust and the County have each had an
opportunity to make a full and independent review and investigation of all alternatives with
respect to the matters that are the subject of this Agreement have carefully read this Agreement
and the documents and instruments executed in connection with this Agreement, and have
voluntarily and without coercion or duress of any kind, entered into this Agreement and the
documents and instruments executed in connection with this Agreement. Ikeda Trust and the
County each represents and agrees that it has not been influenced to any extent whatsoever to
enter into this Agreement by any representation made to it or its attorneys, accountants, advisors,
or representatives, either directly or indirectly, by any other party of any person acting on behalf
3
of any such party, either directly or indirectly, other than as is expressly stated in this Agreement.
Ikeda Trust and the County each further represents and agrees that it understands the contents
and legal effect of this Agreement, and that it has obtained or had an adequate opportunity to
obtain all information and documents, and has fully informed itself of all facts which it deems
material or relevant to its decision to enter into this Agreement.
6.2. Time of the Essence: Time is of the essence of this Agreement.
6.3. Waivers, etc.: The delay or failure of Ikeda Trust or the County to
exercise any of its rights hereunder shall not be deemed by the other party to constitute a waiver
or such right unless the party possessing such right has clearly and expressly given notice of such
waiver to the other party hereto. No waiver, modification, or amendment of any of the
provisions of this Agreement shall be deemed, or shall constitute, a waiver, modification, or
amendment of any other provision, whether or not similar, nor shall any waiver, modification or
amendment constitute a continuing waiver, modification or amendment.
6.4. Amendments to Agreement: Neither this Agreement nor any provision
hereof may be waived, modified or amended except by an instrument signed by the party against
whom the enforcement of such waiver, modification or amendment is sought, and then only to
the extent set forth in such instrument.
6.5. Further Assurances: The County and Ikeda Trust, from time to time, upon
request of the other party and without further consideration will, at its own expense, execute and
deliver such documents, certificates, agreements and other writings and take such further actions
as such other party may reasonably request(i) to consummate fully and implement expeditiously
the transactions described in, or otherwise contemplated by this Agreement, or(ii)to otherwise
effectuate the intent and purposes of this Agreement.
6.6. No Third Party Beneficiaries: Nothing contained in this Agreement
whether express or implied, is intended to confer upon any person other than the County or Ikeda
Trust, and their respective successors and permitted assigns, any rights or remedies under or by
reason of this Agreement, nor is anything in this Agreement intended to relieve or discharge the
liability of any other entity to any party hereto, nor shall any provision hereof give any entity any
right of subrogation against the County or Ikeda Trust.
6.7. Captions: The captions in this Agreement are inserted for convenience of
reference only and in no way define, describe or limit the scope or intent of this Agreement or
any of the provisions hereof.
6.8. Partial Invalidity: If any provision hereof or the application thereof to any
person or circumstance shall to any extent be invalid or unenforceable, the remaining provisions
hereof, or the application of such provision to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected thereby.
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6.9. Interpretation of Terms: As used in this Agreement, the masculine shall
include the feminine, the singular shall include the plural, and the plural shall include the
singular, as the context may require.
6.10. Successors and Assigns: This Agreement shall be binding upon and shall
inure to the benefit of Ikeda Trust and its respective successors and assigns.
6.11. Counterparts: This Agreement may be executed in two or more
counterparts, and shall be deemed to have become effective when and only when one or more of
such counterparts shall have been signed by or on behalf of both the County and Ikeda Trust,
although it shall not be necessary that any single counterpart is signed by or on behalf of each.
All such counterparts shall be deemed to constitute one and the same instrument. An executed
counterpart of this Agreement transmitted and received by facsimile shall be deemed for all
purposes to be an original, executed counterpart hereof. Duplicated unexecuted pages of the
counterparts (whether original or received by facsimile)may be discarded and the remaining
pages assembled as one document.
6.12. Authority of Persons Executing: Each person signing below represents
and warrants that such person has the requisite authority to bind the entity on whose behalf such
person is signing. However, this Agreement is subject to the approval of the County Council.
6.13. Merger: This Agreement embodies and constitutes the entire
understanding between the County and Ikeda Trust with respect to the transaction described
herein, and all prior agreements, understandings, representations and statements, oral or written,
are hereby merged in this Agreement.
6.14. Agreement Deemed Drafted by All Parties: For purposes of interpreting
and construing the terms hereof, this Agreement and each portion of this Agreement shall be
deemed to have been drafted by the Ikeda Trust and the County in equal measure, and
accordingly shall not be construed against either party.
6.15. Governing Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of Hawai`i, without giving effect to doctrines relating to
conflicts of law.
5
IN WITNESS WHEREOF, the County and Ikeda Trust have executed this Agreement as
of the date first above written.
COUNTY OF HAWAII
WILLIAM P. KENOI MAYOR
e`‘‘a/
EDWARD S. IKEDA, Trustee of the
Edward S. Ikeda Revocable Trust dated
May 13, 1993
RECOMMEND APPROVAL:
DEPARTMENT OF PUBLIC WORKS
Not/tWA
WARREN KW. LEE, P.E.
Its Director !
APPROVED AS TO FORM AND LEGALITY:
JOSEPH • MELAMELA
Senior Deputy Corporation Counsel
6
STATE OF HAWAII )
) SS.
COUNTY OF HAWAII )
On this 10th day of July, 2013 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 Hawaii; that the
seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii;
that the foregoing instrument was signed and sealed in behalf of the County of Hawaii
by authority given to said Mayor of the County of Hawaii by Section 5-1.3 and 13-13 of
the County Charter, County of Hawaii (2010), as amended; and said WILLIAM P.
KENOI acknowledged said instrument to be the free act.and deed of said County of
Hawaii. '
ail
Notary " , State Hawaii,_3�d Jud 'Cir.
Printed Name: Paulette Cainglit
My Commission Expires: 12/16/2013
NOTARY CERTIFICATION
Document Description: Memorandum of Agreement for the Mamalahoa Bypass
Highway by the County of Hawaii and Edward Seiji Ikeda, Trustee of the Edward Seiji
Ikeda Revocable Trust Dated May 13, 1993
( County of Hawaii/ Edward Seiji Ikeda, Trustee of the Edward S. Ikeda Revocable
Trust dated May 13, 1993)
Doc. Date: July 15, 2013 ❑ undated at time of notarization.
No. of age- 8 + ' h•it Circuit: Third
ir
I I� July 10, 2013 � `‘7
Notary Sign- ,re Date
Notary Name: Paulette I . nalit
7
STATE OF HAWAI`I )
) SS.
CITY AND COUNTY OF HONOLULU )
On vie- day of cne, , 2013, before me personally appeared
EDWARD SEIJI IKEDA, Trustee of the Edward Seiji Ikeda Revocable Trust dated May 13,
1993, to me known to be the person described in and who executed the foregoing instrument and
acknowledged that EDWARD SEIJI IKEDA, Trustee of the Edward Seiji Ikeda Revocable Trust
dated May 13, 1993, executed the same as EDWARD SEIJI IKEDA, Trustee of the Edward Seiji
Ikeda Revocable Trust dated May 13, 1993's free act and deed.
O Nota Public State of Hawai i
`c‘•:O .k• : ROGENE P.COOK
4( 9q 04 'Q, Print name
• No.
,,,N'��EI'O,too ' My commission expires:
NOTARY PUBLIC, HP.STJUDIC1AL VALVIT
STATE OF HAWAII
MY COMMISSION EXPIRES: j F->O/ y
NOTARY CERTIFICATION
No. of
Doc. Date: ;J vi � iS, >0 13 Pages: /1 —
Notary I
Name: ROGENE P.COOK fX t � — ti 1,
Doc. •Memorandum of
Description: Agreement between COH Circuit: First Sv of i'�4n 1 C,'ru44i-
and Edward Seiji Ikeda, Trustee of the Edward
Seiji Ikeda Revocable Trust dated Co",o,,��
•May 13, 1993 (TMK:(3)8-1-009:010) 0•�`l PIiB 0r-'
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EXHIBIT"A" 1
•
R/W R/W
•
8 '
2'1 18' 10' 12' ' 12' 10' 18' 2'
SWALE SHLD. PAVEMENT PAVEMENT SHLD. SWALE
MPX. .--•5% --- 2% 2% 5y� 1. F°F�RREp
iiiir
2" ASPHALT CONCRETE(TYP.)
6" BASALT BASE COURSE(TYP.)
4" ASPHALT CONCRETE
8" BASALT BASE COURSE
6" BASALT SUBBASE COURSE
FIGURE 38
BYPASS CROSS SECTION B
MAMALAHOA HIGHWAY BYPASS ROAD
WOLThIsafMKa .AxoorxwwI
NOT TO SCALE ....w..
t
r
EXHIBIT"B"
LAND COURT REGULAR SYSTEM
(AREA ABOVE RESERVED FOR RECORDING INFORMATION)
After Recordation,Return by®Mail or,Pick-up Phone#:
FILL IN NAME AND ADDRESS BELOW:
Office of the Corporation Counsel(JKK)
333 Kilauea Avenue,2"d Floor
Hilo,Hawaii 96720
DOCUMENT CONTAINS PAGES
TITLE OF DOCUMENT: WARRANTY DEED(IN LIEU OF CONDEMNATION)
PARTIES TO DOCUMENT
GRANTOR: EDWARD SEIJI IKEDA,Trustee of the Edward Seiji
Ikeda Revocable Trust dated May 13, 1993
1107 Kaweloka Street
Pearl City,Hawaii 96782
GRANTEE: COUNTY OF HAWAII
25 Aupuni Street
Hilo,Hawaii 96720
AFFECTS TAX MAP KEY: (3)8-1-009:010
EXHIBIT"C"
WARRANTY DEED
(IN LIEU OF CONDEMNATION)
KNOW ALL MEN BY THESE PRESENTS:
That, EDWARD SEIJI IKEDA,Trustee of the Edward Seiji Ikeda Revocable Trust dated
May 13, 1993,whose mailing address is 1107 Kaweloka Street, Pearl City, Hawai`i 96782,
hereinafter called the"Grantor,"under the threat of eminent domain and in consideration of the sum
of Ten Dollars($10.00)and other valuable consideration to him paid by the COUNTY OF HAWAI`I,
a municipal corporation of the State of Hawai`i,whose principal place of business and mailing address
is County Building,25 Aupuni Street, Hilo,County and State of Hawaii 96720,hereinafter called the
"Grantee,"the receipt of which will be acknowledged upon closing,does hereby grant,bargain,sell
and convey unto the Grantee, its successors and assigns, in fee simple,forever,the following real
property:
All of that certain real property described in Exhibit"A"attached hereto and
made a part hereof, subject to the encumbrances and other matters noted in Exhibit
"A"and in this Warranty Deed, if any.
TO HAVE AND TO HOLD the same,together with all rights, improvements,easements,
privileges and appurtenances thereunto belonging or in anywise appertaining,or held and enjoyed
therewith,unto the Grantee, its successors and assigns, in fee simple,forever.
AND the Grantor, for himself,his heirs,devisees,personal representatives and assigns, does
hereby covenant with the Grantee, its successors and assigns,that he is seised in fee simple of the
above-described premises;that the same is free and clear of and from all encumbrances,except as
aforesaid;that he has good right to sell and convey the same as aforesaid;and that he will,and his
heirs,devisees,personal representatives and assigns will, WARRANT AND DEFEND the same unto
-2-
the Grantee, its successors and assigns, forever,against the lawful claims and demands of all persons
whomsoever.
IN WITNESS WHEREOF,the said Grantor has caused these presents to be executed this
day of ,2013.
EDWARD SEIJB IKEDA,Trustee of the Edward Seiji
Ikeda Revocable Trust dated May 13, 1993
APPROVED AS TO FORM
AND LEGALITY:
JOSEPH K.KAMELAMELA
Senior Deputy Corporation Counsel
County of Hawai`i
-3-
STATE OF HAWAII )
) SS.
CITY AND COUNTY OF HONOLULU )
On this day of ,2013,before me personally appeared
EDWARD SEIJI IKEDA, Trustee of the Edward Seiji Ikeda Revocable Trust dated May 13, 1993, to
me known to be the person described in and who executed the foregoing instrument and .
acknowledged that EDWARD SEIJI IKEDA,Trustee of the Edward Seiji Ikeda Revocable Trust
dated May 13, 1993 executed the same as EDWARD SEIJI IKEDA,Trustee of the Edward Seiji
Ikeda Revocable Trust dated May 13, 1993's free act and deed.
Notary Public, State of Hawai`i
Print name
My commission expires:
NOTARY CERTIFICATION
Doc.Date: No.of Pages:
Notary Name:
Doc.Description: Warranty Deed Circuit: Third
TMK:(3)8-1-009:010
Notary Signature Date
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EXHIBIT "A'
[INSERT METES AND
BOUNDS DESCRIPTION]