HomeMy WebLinkAboutRES 411 Draft 01 2014-2016 40�M�v us... .
COUNTY OF HAWAII •_�`' /�• STATE OF HAWAII
RESOLUTION NO. 411 16
A RESOLUTION ACCEPTING THE GRANT OF EASEMENTS FOR DRAINAGE,
UTILITY,AND/OR PEDESTRIAN WALKWAY PURPOSES FOR PUALANI ESTATES
SUBDIVISION PHASE 1, BEING TMK NO'S: (3) 7-5-041:004, (3) 7-5-042:012, (3) 7-5-
041:039, AND (3) 7-5-041:051; "EASMENT 22" OVER AND ACROSS LOTS 132-141
(POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1 AND TMK NO'S: (3) 7-
5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:010 (POR.), (3) 7-5-041:011 (POR.),
(3) 7-5-041:024 (POR.), AND (3) 7-5-041:025 (POR.); "EASEMENT 24" OVER AND
ACROSS LOTS 132-141 (POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1
AND TMK NO'S: (3) 7-5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:026 (POR.),
(3) 7-5-041:027 (POR.), AND (3) 7-5-041:029 (POR.); AND "EASEMENT 26" OVER AND
ACROSS LOTS 132-141 (POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1
AND TMK NO'S: (3) 7-5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:030 (POR.),
AND (3) 7-5-041:031 (POR.), SITUATED AT PUAPUAAIKI AND PUAPUAANUI,
DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF
HAWAII, FROM D.R. HORTON-SCHULER HOMES, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, dba D.R. HORTON-SCHULER DIVISION.
WHEREAS, D.R. Horton-Schuler Homes, LLC, a Delaware limited liability company,
dba D.R. Horton-Schuler Division (hereinafter"Schuler Homes"), is the fee owner of those
certain premises described on Exhibit "A" (legal description) and delineated on Exhibit"B"
(parcel map) attached hereto, situated at Puapuaaiki and Puapuaanui, District of North Kona,
Island and County of Hawai`i, State of Hawai`i, identified as Tax Map Key No's: (3) 7-5-
041:004, (3) 7-5-042:012, (3) 7-5-041:039, and (3) 7-5-041:051; "Easement 22" over and across
Lots 132-141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034
(por.), (3) 7-5-017:032 (por.), (3) 7-5-041:010 (por.), (3) 7-5-041:011 (por.), (3) 7-5-041:024
(por.), and (3) 7-5-041:025 (por.); "Easement 24" over and across Lots 132-141 (por.) of the
Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032
(por.), (3) 7-5-041:026 (por.), (3) 7-5-041:027 (por.), and (3) 7-5-041:029 (por.); and "Easement
26" over and across Lots 132-141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK
No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:030 (por.), and (3) 7-5-041:031
(por.) (hereinafter collectively referred to as "easements"); and
WHEREAS, Schuler Homes has agreed to grant the easements to the County of Hawai`i
("County"), to permit the County to install, operate, and maintain a drainage system on, over,
through, and/or under said easements, and/or otherwise use said easements for purposes of
drainage, utilities, and/or pedestrian access; and
WHEREAS, Section 23-30 of the Hawaii County Code provides that drainage
easements or drainage rights-of-way shall conform substantially with the lines of such water
course, and be of such further width as will be adequate for the purpose; and
WHEREAS,the Department of Public Works, the Planning Department, the Department
of Water Supply and the Department of Environmental Management have no objections to the
County accepting said easements herein; and
WHEREAS, Section 23-56 of the Hawaii County Code provides that easements or
rights-of-way for all government owned utilities including storm drains, except those under the
jurisdiction of the Department of Water Supply, shall be conveyed to the County and that
documents shall be delivered to the Council for acceptance; and
WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the
Council may accept gifts, including real estate or any interest in real estate, on behalf of the
County of Hawaii; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it
finds the subject easements have been completed and inspected thereon and are in full
compliance with the provisions of Chapter 23 of the Hawaii County Code as approved by all
applicable departments, and that it is in the public interest to accept the grant of easements.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII,that in accordance with Section 23-56 of the Hawai`i County Code and Article XIII,
Section 13-12 of the Hawaii County Charter, the County accepts the grant of easements
identified as Tax Map Key No's: (3) 7-5-041:004, (3) 7-5-042:012, (3) 7-5-041:039, and (3) 7-5-
041:051; "Easement 22" over and across Lots 132-141 (por.) of the Pualani Estates Subdivision
Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:010 (por.),
(3) 7-5-041:011 (por.), (3) 7-5-041:024 (por.), and (3) 7-5-041:025 (por.); "Easement 24" over
and across Lots 132-141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-
5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:026 (por.), (3) 7-5-041:027 (por.), and (3)
7-5-041:029 (por.); and "Easement 26" over and across Lots 132-141 (por.) of the Pualani
Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3)
7-5-041:030 (por.), and (3) 7-5-041:031 (por.) for drainage, utility, and/or pedestrian access
purposes from Schuler Homes.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to: (1) the Honorable William P. Kenoi, Mayor of the County of Hawaii; (2) the
Department of Public Works; (3) the Department of Environmental Management; (4) Deputy
Corporation Counsel Ronald Kim; and (5) D.R. Horton-Schuler Homes, LLC, dba D.R. Horton-
Schuler Division, a Delaware limited liability company, Attn: Vanessa Yanagawa, 650 Iwilei
Road, Suite 209, Honolulu, HI 96817.
Dated at Kona , Hawai`i, this 16th day of March , 2016.
INTRODUCED BY:
/Aii._9,.....„4,,i,._
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawaii on March 16, 2016 X
KANUHA X
ONISHI X
ATTEST: PALEKA X
IPPOINDEXTER X
tWILL' fro<
E X
/11
1Th 9 0 0 0
Reference: C-698/PWPRC-30
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 411 16
ITEM I: (TMK No. (3) 7-5-041-004)
EASEMENT 16, area 1,391 square feet, more or less, for drainage and utility purposes, over
and across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and
County of Hawaii, State of Hawaii, described as follows:
Lot 4, area 8,486 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE
I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No.
2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the
Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen
Kaahumanu Highway Extension), a public road, as roadways for access to the Community until
such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-
32, for utility and access purposes, as more particularly described in Document No. 2001-
176109, dated October 19, 2001.
Being the land conveyed by the following:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF RIGHTS
Grantor: D.R. HORTON-SCHULER HOMES, LLC, a Delaware limited liability
company, dba D.R. HORTON-SCHULER DIVISION
Grantee: JOANNE P. MARSHALL and TERRENCE F. MARSHALL, Trustees of
The Marshall Trust dated December 21, 2007, as it may be amended,
with powers to sell, lease, mortgage and other powers set forth in said
Trust
Dated: February 13, 2008
Recorded: Document No. 2008-024042
ITEM II: (TMK No. (3) 7-5-042-012)
EASEMENT 17, area 1,388 square feet, more or less, for pedestrian walkway, drainage and
utility purposes, over and across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and
County of Hawaii, State of Hawaii, described as follows:
Lot 18, area 7,741 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION,
1
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
Exhibit "A"
PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File
Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the
Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen
Kaahumanu Highway Extension), a public road, as roadways for access to the Community until
such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-
32, for utility and access purposes, as more particularly described in Document No. 2001-
176109, dated October 19, 2001.
Being the land conveyed by the following:
WARRANTY DEED
Grantor: EDWARD HENRY FORESTIER III, husband of Karen Hughes
Forestier, KAREN HUGHES FORESTIER, wife of Edward Henry
Horestier III, and ROBIN FORESTIER SOLEIMAN, also known as
Robin Jeanne Forestier, single
Grantee: ROGELIO Y. IPAC, husband of Georgianna S. Ipac, and
GEORGIANNA S. IPAC, wife of Rogelio Y. Ipac, JOINT
TENANTS
Dated: November 20, 2006
Recorded: Document No. 2006-218976
ITEM III:
EASEMENT 22, area 2,602 square feet, more or less, for drainage and utility purposes, over
and across the following:
Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and
County of Hawaii, State of Hawaii, described as follows:
LOTS:
66, area 6,725 square feet, more or less;
67, area 6,809 square feet, more or less;
80, area 7,349 square feet, more or less and
81, area 7,771 square feet, more or less;
of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau
of Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the
Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen
2
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
Kaahumanu Highway Extension), a public road, as roadways for access to the Community until
such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-
32, for utility and access purposes, as more particularly described in Document No. 2001-
176109, dated October 19, 2001.
AS TO LOT 66: (TMK No. (3) 7-5-041-010)
Being a portion of the lands conveyed by the following:
WARRANTY DEED
Grantor: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS,
husband and wife
Grantee: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS,
Trustees of the Stathie J. and Jo-Anne E. Prattas Living Trust,
dated November 14, 2007
Dated: December 28, 2007
Recorded: Document No. 2008-000497
AS TO LOT 67: (TMK No. (3) 7-5-041-011)
Being the land conveyed by the following:
WARRANTY DEED
Grantor: MICHAEL A. ROSATO and AMY J. ROSATO, husband and wife
Grantee: MICHAEL A. ROSATO and AMY J. ROSATO, Trustees under the
unrecorded "Rosato Family Trust", dated November 22, 2005
Dated: November 22, 2005
Recorded: Document No. 2005-249432
AS TO LOT 80: (TMK No. (3)7-5-041-024)
Being the land conveyed by Warranty Deed recorded May 23, 2011 as Regular System
Document No. 2011-082196, Grantor is Northrop Hardy Kirk, Jr. and Caroline Kirk, Grantee is
Eun Sang Kim, an unmarried man, as Tenant in Severalty.
3
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
AS TO LOT 81: (TMK No. (3) 7-5-041-025)
Being the land conveyed by Warranty Deed recorded December 17, 2009 as Regular System
Document No. 2009-191682, Grantor is Orlando Perez and Rosa Ysela Najera-Perez, husband
and wife, Grantee is Ralph Vernon Johnson, Jr. and Glenda Fay Johnson, husband and wife, as
Tenants by the Entirety.
ITEM IV:
EASEMENT 24, area 2,553 square feet, more or less, for drainage and utility purposes, over
and across the following:
Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and
County of Hawaii, State of Hawaii, described as follows:
LOTS:
82, area 6,958 square feet, more or less;
83, area 6,312 square feet, more or less; and
97, area 8,823 square feet, more or less;
of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau
of Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the
Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen
Kaahumanu Highway Extension), a public road, as roadways for access to the Community until
such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-
32, for utility and access purposes, as more particularly described in Document No. 2001-
176109, dated October 19, 2001.
AS TO LOT 82: (TMK No. (3) 7-5-041-026)
Being the land conveyed by the following:
WARRANTY DEED
Grantor: UMRAO SINGH MAYER, husband of Leilani Melinda Mayer, and
LEILANI MELINDA MAYER, wife of Umrao Singh Mayer, and
DAVID THORNTON DECKER, husband of Jayne Decker, and
JAYNE DECKER, wife of David Thornton Decker
4
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
Grantee: DAVID THORNTON DECKER, husband of Jayne Decker, and
JAYNE DECKER, wife of David Thornton Decker, JOINT
TENANTS
Dated: August 1, 2005
Recorded: Document No. 2005-206395
AS TO LOT 83: (TMK No. (3) 7-5-041-027)
Being the land conveyed by Warranty Deed recorded March 14, 2012 as Regular System
Document No. A-44560285, Grantor is Linda Daly, single, Grantee is David Wallmann and
Leigh Wallmann, husband and wife, as Tenants by the Entirety.
AS TO LOT 97: (TMK No. (3) 7-5-041-029)
Being a portion of the lands conveyed by the following:
WARRANTY DEED
Grantor: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS,
husband and wife
Grantee: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS,
Trustees of the Stathie J. and Jo-Anne E. Prattas Living Trust,
dated November 14, 2007
Dated: December 28, 2007
Recorded: Document No. 2008-000497
ITEM V:
EASEMENT 26, 15 feet wide, area 1,532 square feet, more or less, for drainage and utility
purposes, over and across the following:
Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and
County of Hawaii, State of Hawaii, described as follows:
LOTS:
98, area 7,612 square feet, more or less and
99, area 8,284 square feet, more or less;
of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau
of Conveyances, State of Hawaii as File Plan No. 2352.
5
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the
Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen
Kaahumanu Highway Extension), a public road, as roadways for access to the Community until
such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-
32, for utility and access purposes, as more particularly described in Document No. 2001-
176109, dated October 19, 2001.
AS TO LOT 98: (TMK No. (3) 7-5-041-030)
Being the land conveyed by the following:
WARRANTY DEED
Grantor: RUBEN DOMINGO, aka Ruben L. Domingo and NARCISA
DOMINGO, aka Narcisa M. Domingo, husband and wife
Grantee: RUBEN L. DOMINGO and NARCISA M. DOMINGO, Trustees
under the "Domingo Family Trust", dated December 16, 2005
Dated: December 16, 2005
Recorded: Document No. 2006-006855
AS TO LOT 99: (TMK No. (3) 7-5-041-031)
Being the land conveyed by the following:
WARRANTY DEED
Grantor: BUD CROSTHWAIT and MARGARET M. CROSTHWAIT,
husband and wife
Grantee: BUD CROSTHWAIT and MARGARET M. CROSTHWAIT,
Trustees of The Crosthwait Family Trust dated December 31,
2003
Dated: October 5, 2005
Recorded: Document No. 2005-206396
ITEM VI: (TMK No. (3) 7-5-041-039)
EASEMENT 28, area 2,723 square feet, more or less, for drainage and utility purposes, over
and across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and
County of Hawaii, State of Hawaii, described as follows:
6
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
Lot 107, area 10,746 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION,
PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File
Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the
Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen
Kaahumanu Highway Extension), a public road, as roadways for access to the Community until
such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-
32, for utility and access purposes, as more particularly described in Document No. 2001-
176109, dated October 19, 2001.
Being the land conveyed by the following:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF RIGHTS
Grantor: D.R. HORTON-SCHULER HOMES, LLC, a Delaware limited
liability company, dba D.R. HORTON-SCHULER DIVISION
Grantee: ELINOR K. GOLDBERG and SAMUEL A. GOLDBERG, wife and
husband, JOINT TENANTS
Dated: June 16, 2005
Recorded: Document No. 2005-122346
ITEM VII: (TMK No. (3) 7-5-041-051)
EASEMENT 29, area 1,768 square feet, more or less, for drainage and utility purposes, over
and across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and
County of Hawaii, State of Hawaii, described as follows:
Lot 119, area 8,976 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION,
PHASE I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File
Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the
Pualani Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen
Kaahumanu Highway Extension), a public road, as roadways for access to the Community until
such time as the roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-
32, for utility and access purposes, as more particularly described in Document No. 2001-
176109, dated October 19, 2001.
7
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
Being the land conveyed by Warranty Deed recorded September 28, 2009 as Regular System
Document No. 2009-148185, Grantor is Michael D. Hazen, single, and Janice E. Kavanaugh,
single, Grantee is Dee Ann Wunschel, unmarried, as Tenant in Severalty.
SUBJECT, HOWEVER, to the following:
1. Title to all mineral and metallic mines reserved to the State of Hawaii.
2. EASEMENT 32 (10 feet wide, area 15,705 square feet, more or less)
Shown On: File Plan No. 2352 •
Purpose: No vehicular access planting screen purposes
3. Restricted abutter's rights of vehicle access into and from Hawaii Belt Road (FAP 11A-
03-69), which rights were conveyed to the State of Hawaii, by Deed dated January 16,
1983, recorded in Book 16870, Page 360, and by Deed dated January 16, 1983,
recorded in Book 17027, Page 596, and as shown on the map prepared by Chrystal
Thomas Yamasaki, Registered Professional Land Surveyor dated December 1, 1987,
revised July 7, 1990.
4. A 500-year flood hazard area, shown on the map prepared by Chrystal Thomas
Yamasaki, Registered Professional Land Surveyor dated December 1, 1987, revised
July 7, 1990.
5. Archaeological Site, as shown on the map prepared by Chrystal Thomas Yamasaki,
Registered Professional Land Surveyor dated December 1, 1987, revised July 7,
1990.
6. Various ranch roads, for cattle activities, as mentioned in Surveyors Report prepared by
Chrystal Thomas Yamasaki, Registered Professional Land Surveyors.
7. AGREEMENT FOR ASSIGNMENT OF RIGHTS TO WATER COMMITMENT UNITS
KEALAKEKUA WATER SOURCE AGREEMENT
By And Between: ROBERT LEON DANIELL ("ASSIGNOR"), and
PUALANI DEVELOPMENT COMPANY, a Hawaii
joint venture ("ASSIGNEE")
Dated: June 30, 1988
Recorded: Book 22451, Page 332
8. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
8
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
DECLARATION OF CONDITIONS
Dated: October 5, 1989
Recorded: Book 23776, Page 653
9. AGREEMENT
By And Between: PUALANI ESTATES, INC., a Hawaii corporation
("PUALANI"), and the COUNTY OF HAWAII
("COUNTY")
Dated: October 25, 1993
Recorded: Document No. 93-180791
10. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
WARRANTY DEED
Dated: October 19, 2001
Recorded: Document No. 2001-176108
11. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
WARRANTY DEED
Dated: February 20, 2002
Recorded: Document No. 2002-031022
12. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS
Dated: October 20, 2003
Recorded: Document No. 2003-234864
The foregoing Declaration was supplemented by the following instrument:
Dated: August 4, 2006
Recorded: Document No. 2006-148709
9
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
AS TO ITEM I ONLY:
13. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: February 13, 2008
Recorded: Document No. 2008-024042
AS TO ITEM II ONLY:
14. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: April 28, 2004
Recorded: Document No. 2004-097450
AS TO ITEM III, LOT 66 ONLY:
15. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: March 31, 2004
Recorded: Document No. 2004-122518
AS TO ITEM Ill, LOT 67 ONLY:
16. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: March 23, 2004
Recorded: Document No. 2004-088551
10
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
AS TO ITEM 111, LOT 80 ONLY:
17. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: May 13, 2005
Recorded: Document No. 2005-101466
AS TO ITEM Ill, LOT 81 ONLY:
18. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: May 12, 2005
Recorded: Document No. 2005-099325
AS TO ITEM IV, LOT 82 ONLY:
19. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: May 4, 2005
Recorded: Document No. 2005-092236
AS TO ITEM 1V, LOT 83 ONLY:
20. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
11
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: October 25, 2004
Recorded: Document No. 2004-220444
AS TO ITEM IV, LOT 97 ONLY:
21. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: September 16, 2004
Recorded: Document No. 2004-195480
AS TO ITEM IV AND V, LOT 98 ONLY:
22. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: May 2, 2005
Recorded: Document No. 2005-091652
AS TO ITEM V, LOT 99 ONLY:
23. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: April 26, 2005 •
Recorded: Document No. 2005-099763
12
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
AS TO ITEM V ONLY l:
24. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: June 16, 2005
Recorded: Document No. 2005-122346
AS TO ITEM VII ONLY:
25. Covenants, conditions, restrictions, reservations, agreements, obligations, easements
and other provisions set forth in:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF
RIGHTS
Dated: January 30, 2006
Recorded: Document No. 2006-022170
END OF EXHIBIT "A"
13
Pualani Estate Phase 1 (Drainage)
22594/174/969716.5
,
,
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i E EMENT 22 _
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EASEMENT 16 "`----. — — ? _ ,/i _ w
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x SEWER DEDICATION LOCATION MAP-PUALANI ESTATES SUBDIVISION, PHASE 1 (FILE PLAN 2352)
k
TO BE DEDICATED: WIDTH: NOTES:
A EASEMENT 16 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 4
s EASEMENT 17 20 FEET FOR PEDESTRIAN WALKWAY, DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 18
8 EASEMENT 22 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 66,67,80,AND 81
i EASEMENT 24 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 82,83,AND 97
EASEMENT 26 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 98 AND 99
A EASEMENT 28 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 107
s EASEMENT 29 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 119
'.§
'a EASEMENTS: IN FAVOR OF HAWAII COUNTY FOR SEWER PURPOSES
�3 NUMBER OF EASEMENTS: 7 EASEMENTS
'a TAX MAP KEY: (3) 7-5-041:001 to 054 & (3) 7-5-042:012 SHEET 1 OF 1
Exhibit "B"