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HomeMy WebLinkAboutPD SUPPLEMENT TO THE BACKGROUND REPORT BKumuHouREZSMASupplement.12.15.2021 COUNTY OF HAWAI `I PLANNING DEPARTMENT SUPPLEMENT TO THE BACKGROUND REPORT WAIKOLOA LAND COMPANY SPECIAL MANAGEMENT AREA USE PERMIT APPLICATIONS (PL-SMA-2021-000002, PL-SMA-2021-000003, PL-SMA-2021-000004) CHANGE OF ZONE APPLICATIONS (PL-REZ-2021-000004,PL-REZ-2021-000005) The following information and ordinances are being provided in response to the Commission's request for additional information regarding the road connection between Waikoloa Beach Resort(WBR) and Mauna Lani Resort. Ordinance No. 91-112 (Planning Department Exhibit 1) covers all of the WBR maztka of the King's Trail and Ordinance No. 94-031 (Planning Department Exhibit 2) covers the `Ainamalu project area (lands in the WBR mauka area north of Waikoloa Beach Drive.). Both ordinances contain conditions requiring a road connection to the north, to a 365-acre undeveloped property on land zoned A-5a(Agricultural- 5 acres)that is owned by DHL Mahi Propco LLC. It is unknown if this landowner is affiliated with Mani Lani Resort. Mauna Lani Resort has a requirement in their rezone Ordinance No. 95-064 to connect to Waikoloa Beach Resort makai of the King's Trail for emergency access. When/if the DHL Mahi property comes in for permits to develop in the future, the Planning Department would require a connector road to the connector stub out that WBR is proposing in Kumu Hou"Area A". Lastly, the DHL Mahi property is clear of any entitlements, according to our records. COUNTY OF HAWAII STATE OF HAWAII BILL NO. 44 8- 8 7 ORDINANCE NO. 91 112 AN ORDINANCE AMENDING SECTION 25-95 G (PUAKO - ANAEHOOMALU ZONE MAP) ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM UNPLANNED (U) TO MULTIPLE FAMILY RESIDENTIAL (RM-4) , (RM--6) AND (RM-8) ; VILLAGE COMMERCIAL (CV-10) ; LIMITED INDUSTRIAL (ML-20) AND OPEN (0) AT WAIKOLOA, SOUTH KOHALA, HAWAII , COVERED BY TAX MAP KEY 6-9-08 : 2, 6, 7, 9 , 10, 11, 12, and 13 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-95 G, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows : The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall he Multiple Family Residential (RM-8) : PARCEL 1 : Beginning at the South corner of this parcel of .land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 ,321 . 72 feet North and 27, 502 . 22 feet West, thence running by azimuths measured clockwise from True South: 1. 1090 10 ' 218 . 93 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . 1920 36 ' 110 . 36 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; Planning Depi. 1 Exhibit 3 . Thence along the remainder of R. P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 480 . 00 feet, the chord azimuth and distance being: 2190 26 ' 30" 433 . 47 feet; 4 . 2460 17 ' 309 . 68 feet along the remainder of R.P. 5671, L.C. Aw. 8521.-B, Apana 1 to G.D. Hueu; 5 . 2380 57 ' 30" 250 .20 feet along the remainder of R.P. 5671, L.C. Aw. 8521.-B, Apana 1 to G.D. Hueu; 6 . 27411 , 21 ' 148 .32 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 2090 43 ' 51" 271 . 04 feet; B . 1450 06 ' 42" 14 . 84 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . Thence along the remainder of R.P. 5971, L .0 Aw 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 200 . 00 feet , the chord azimuth and distance being : 1740 33 ' 33" 196 . 65 feet; 10 . 3050 21 ' 14" 77 . 92 feet along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana 1 to G .D. Hueu; -2- 11 . Thence along the remainder of R.P. 5671, L,C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 290 . 00 feet, the chord azimuth and distance being : 308° 54 ' 49" 36 . 01 feet; 12 . 2320 15 ' 140 .23 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . Thence along the : remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 200 . 00 feet, the chord azimuth and distance being 2000 50 ' 30" 208 . 45 feet; 14 . 1690 26 ' 270 . 71 feet along the remainder Of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 15 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 60 . 00 feet, the chord azimuth and distance being: 2350 42 ' 109 . 85 feet; 16 . 3010 58 ' 147 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 17. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 150. 00 feet, the chord azimuth and distance being: 2750 09 ' 30" 135.30 feet; -3- i 1 i 18 . Thence along the remainder of R. P. 5671, L .C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 400 . 00 feet, the chord azimuth and distance being : 2730 26 ' 30" 339 . 25 feet; 19 . 2980 32 ' 148 . 82 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 20 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 40 . 00 feet, the chord azimuth and distance being : 3550 21 ' 66 . 95 feet; 21. 520 10 ' 760 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 22 . Thence along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the -left with a radius of 120 . 00 feet, the chord azimuth and distance being : 230 081 116 .48 feet ; 23 . 3540 06 ' 82 .47 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 24 . 60 51 ' 200 . 90 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 25 . 500 28 ' 283 .31 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -4- 26 . Thence along the remainder of R. P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 200 . 00 feet, the chord azimuth and distance being : 740 02 ' 159 . 93 feet ; 27 . 970 36 ' 98 . 64 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 28 . 670 14 ' 515 .56 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 29 . 520 00 ' 369 . 02 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 23 . 184 Acres, more or less . (Refer to parcel 1 as shown on Exhibit "All . ) ; .. The district classification of the following areas situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : PARCEL 2 : Beginning at the North corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 783 . 78 feet North and 26, 658 . 19 feet West, thence running by azimuths measured clockwise from True South: 1 . Along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 80 . 00 feet, the chord azimuth and distance being: 3590 47 ' 01. 5" 74 . 21 feet; 2 . 270 25 ' 205 . 11 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -5- 3 . 30 22 ' 354 . 81 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 610 49 ' 132 . 94 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 3450 13 ' 323 . 50 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 730 53 ' 33 . 08 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the Left with a radius of 160 . 00 feet, the chord azimuth and distance being : 390 55 ' 178 . 79 feet; 8 . 50 57 ' 97 . 90 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . 290 21 ' 232 . 82 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 100 . 00 feet, the chord azimuth and distance being : 500 05 ' 70 . 80 feet ; 11 . 700 49 : 609 . 56 feet along the remainder of R.P. 5671, L. C. Aw. 8521--B, Apana 1 to G.D. Hueu; -6- 12 , 460 52 ' 525 . 64 feet along the remainder of R.P. 5671, L.C. Aw. 8521-13, Apana 1 to G.D. Hueu; 13 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 300 . 00 feet, the chord azimuth and distance being: 810 59 ' 30" 345 . 22 feet; 14 . 1170 07 ' 280 . 26 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 15 . 2370 11 ' 652 . 09 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16 . 2230 51 ' 254 .45 feet along the remainder of , R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 17 . 2460 46 ' 573 . 90 feet along the remainder of R.P. 5671, L.C. Aw. _ 8521-B, Apana 1 to G.D. Hueu; 18 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 235.00 feet, the chord azimuth and distance being: 2260 13 ' 164 . 98 feet; 19 . 2050 40 ' 170 . 35 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 20 . 2190 53 ' 201 . 04 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 7- I I 21 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 137° 10 ' 297. 58 feet; 22 . 540 27 ' 389 . 42 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 23 . 690 36 ' 440 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 24 . 57° 55 ' 271 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 25 . 630 11 ' 717. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. l Hueu; 26 . 760 11 ' 206 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 27. 1340 49 ' 143 . 62 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 28 . 2420 09 ' 03" 2, 889 . 49 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 32 .448 Acres , more or less . (Refer to Parcel 2 as shown on Exhibit "A" . ) ; The District classification of the following area situated at Waikoloa , South Kohala , Hawaii , shall be -8- Village Commercial (CV-10) : PARCEL 3 : Beginning at the South corner of this parcel of land, the coordinates of said point of beginning- referred to Government Survey Triangulation Station "PUU HINAI" being 8, 889 . 09 feet North and 27, 955 . 98 feet West, thence running by azimuths measured clockwise from True South: 1. 1550 44 ' 300 . 38 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana l to G.D. Hueu; 2 . 1960 27 , 207. 19 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 2450 13 ' 190. 97 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 ' 2890 10 ' 276 . 79 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 120 36 ' 218 . 53 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 235 . 00 feet, the chord azimuth and distance being: . 390 10 , 210 .20 feet; 7. 650 44 ' 208 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 4 . 196 Acres, more or less . (Refer to Parcel 3 as shown on Exhibit -9- ;i The District classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM--6) : PARCEL 4 : Beginning at the South corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW HINAI" being 8 , 641. 96 feet North and 28,325. 94 feet West, thence running by azimuths measured clockwise from True South: 1 . 1310 37 ' 41" 15 . 61 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G .D. Hueu; 2 . 1520 40 ' 260 . 26 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 1280 05 ' 150 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 550 20 ' 330 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 1270 28 ' 690 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -6 . 113° 18 ' 241 . 26 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . 1170 00 ' 344 . 00 feet along the remainder of R. P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . 1110 35 ' 130 . 00 feet along the remainder of R.P. 5671, L . C. Aw. 8521-B, Apana 1 to G.D. Hueu; -10- 9 . 860 30 ' 72 . 03 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 1520 09 ' 03" 166 . 66 feet along the remainder of R.P. 5571, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11 . 2420 09 ' 03" 218 . 15 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 12 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 330 . 00 feet, the chord azimuth and distance being : 1890 32 ' 28" 232 . 83 feet; 13 . 24211 09 ' 03" 274 . 64 feet along the remainder of • R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 14 . 3320 09 ' 03" 140. 00 feet along the remainder of R.P. 5671, L.C. Aw. _ 8521-B, Apana 1 to G.D. Hueu; 15 . 620 09 ` 03" 100 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 140 . 00 feet, the chord azimuth and distance being : 3570 32 ' 31. 5" 252 . 95 feet; 17. 2920 56 ' 392 . 61 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -11- } 18 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana I to G.D. Hueu, on a curve to the right with a radius of 1, 160 . 00 feet, the chord azimuth and distance being : 3010 27 ' 30" 343 . 92 feet; 19 . 3090 59 ' 166 . 84 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana I to G.D. Hueu; 20 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 140 . 00 feet, the chord azimuth and distance being : 2930 30 ' 30" 79 .41 feet; 21 . 2770 02 ' 134 . 53 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 22 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 800 . 00 feet, the chord azimuth and distance being : 3030 51 ' 27" 722 . 01 feet; 23 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 840 . 00 feet, the chord azimuth and distance being : 490 51 ' 24" 240 . 45 feet to the point of beginning and containing an Area of 15 . 870 Acres , more or less . (Refer to Parcel 4 as shown on Exhibit "A" . ) ; -12- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be . Multiple Family Residential (RM-6) ; PARCEL 5 ; Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 7, 939 . 48 feet North and 32, 052 . 10 feet West, thence running by azimuths measured clockwise from True South; 1 . 2580 15 , 125 . 30 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . 2550 00 ` 489 .21 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 3 . 2320 121 488. 85 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 2210 051 236 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 2410 00 , 393 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 6 . 2340 10 , 261. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7. 2270 381 159 . 96 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . 3100 00 , 294 . 02 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -13- 3 i i 3 } 9 . 3030 32 ' 489 . 70 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 3110 40 ' 539 . 83 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11. 348° 40 ' 144 . 89 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 12 . 3030 00 ' 148 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 60 54 ' 104 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 14 . Thence along the remainder of R.P. 5671, L.C. Aw. i 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 740. 00 feet, the chord azimuth and distance being : 930 27 ' 89 . 06 feet; 15 . 900 00 ' 104 . 31 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 16 . Thence along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 660 . 00 feet, the chord azimuth and distance being : 1120 30 ' 505 . 14 feet ; 17 . 1350 00 ' 202 . 13 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -14- 18 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the Left with a radius of 640 . 0o . feet, the chord azimuth and distance being ; 920 57 ' 857. 32 feet; 19 . 500 541 566 . 11 feet along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana 1 to G.D. Hueu; 20 . Thence along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 1, 260 . 00 feet, the chord azimuth and distance being : 610 54 ' 480 . 84 feet; 21 . 720 54 ' 347. 00 feet along the remainder o f R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 22 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 20. 00 feet, the chord azimuth and distance being: 1170 54 ' 28.28 feet; 23 . 1620 54 ' 366 . 34 along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 29 . 722 Acres, more or less . (Refer to Parcel 5 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : PARCEL 6 ; Beginning at the East corner of this parcel of land, the coordinates of said point of beginning referred to j -15- Government Survey Triangulation Station "PUU HINAI" being 7, 819 . 70 feet North and 29 ,422 . 45 feet West, thence running by azimuths measured clockwise from True South : 1. Along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 20 . 00 feet , the chord azimuth and distance being : 590 30 , 10" 27 .43 feet; 2 . 160 12 ' 375 .33 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 3 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 450 . 00 feet, the chord azimuth and distance being : 510 51 ' 524 . 55 feet; 4 . 870 30 ' 291 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 110 00 ' 130 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 570 31 ' 590 . 60 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . 520 23 ' 949 . 21 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . Thence along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 450. 00 feet, the chord azimuth and distance being : 530 31 ' 632 . 87 feet ; -16- 9 . 560 00 ' 208 . 54 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 1670 40 ' 40 . 54 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 11 . 1440 43 ' 445 . 11 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 12 . 1600 40 , 371. 98 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 2330 12 , 68 . 88 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 14 . 3170 56 ' 517. 89 feet along the remainder of R.F. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 15. 3090 40 , 360 . 70 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16 . 2690 35 ' 68 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 17. 2310 40 ' 247. 66 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 18 . 2100 23 ' 134 . 82 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 s k -17-- i 3 19 . 1530 05 ' 273 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 20 . 141° 55 ' 317. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 21 . 2590 45 ' 590 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 22 . 2300 50 ' 215 .44 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 23 . 2200 00 ' 367. 33 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 24 . 2130 20 ' 121. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 25 . 2720 55 ' 152 . 57 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 26 . 2370 40 ' 157 . 03 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 27 . 2760 16 ' 417 .47 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 28 . 2670 30 ' 333 . 53 feet along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana 1 to G.D. Hueu; -18- 29 • 2230 05 ' 320 . 00 feet along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana 1 to G .D. Hueu; 30 . 1880 20 ' 88 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 31 . 2860 12 ' 13 .34 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 32 . 1960 12 ' 310 . 86 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 33 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 20 .00 feet, the chord azimuth and distance being : 1520 53 ' 50" 27.43 feet; 34 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. - Hueu, on a curve to the left with a radius of 740. 00 feet, the chord azimuth and distance being : 2860 12 ' 87. 63 feet to the point of beginning and containing an Area of 21. 721 Acres, more or less . (Refer to Parcel 6 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential. (RM-4) : PARCEL 7 : Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINA,I" being 7,232 .42 feet North and 32, 849 . 12 feet West, thence running by azimuths measured clockwise from True South: l -19- t } I 1. Along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 1, 240 . 00 feet, the chord azimuth and distance being : 2580 39 ' 248.47 feet ; 2 . 2520 54 ' 1, 089 .48 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . Thence along the remainder of R.P. 5671, L.G. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 1, 340 . 00 feet, the chord azimuth and distance being : 2410 54 ' 511. 37 feet; 4 . 2300 54 ' 34 . 93 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 3200 54 ' 58 . 91 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 340 30 ' 654 . 02 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . 710 08 ' 654 . 15 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 8 . 940 20 ' 496 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G .D. Hueu; 9 . 980 40 ' 312 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G .D. Hueu; -20- 10 . 1740 24 ' 80 . 00 feet along the remainder of R.P. 5671, L .C. Aw. 8521--B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 11 . 417 Acres, more or less . (Refer to Parcel 7 as shown on exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Village Commercial (CV-10) : PARCEL 8 : Beginning at the Northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 7,232 .42 feet North and 32, 849 . 12 feet West, thence running by azimuths measured clockwise from True South: 1. 3540 24 ' 80 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 80 40 ' 76 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 290 53 ' 78 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 40 07 ' 109 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 370 37' 100 . 00 feet along the remainder of R.P. 5671, L.G. Aw. 8521--B, Apana 1 to G.D. Hueu; 6 . 770 55 ' 95 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana l to G.D. Hueu; -21- 7. 90" 39 125 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . 1250 13 ' 43 . 00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . 1790 20 ' 59 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10. 1340 58 ' 169 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11. 1390 31 ' 105 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 12 . 1770 44 ' 130 . 00 feet along the remainder of } R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 1580 28 ' 23 . 78 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 14 . 1980 46 ' 65 . 86 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 15 . 2880 46 ' 27. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16 . Thence along the remainder of R. P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of -22- 1, 240 . 00 feet, the chord azimuth and distance being : 2760 35 ' 523 . 38 feet to the point of beginning and containing an Area of 4 . 505 Acres , more or less . (Refer to Parcel 8 as shown on Exhibit "Alf . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-4) : PARCEL 9 : Beginning at the North corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU H1NAI" being 7, 927.21 feet North and 32, 111. 10 feet West, thence running by azimuths measured clockwise from True South: 1. 3420 54 ' 371. 96 feet along the remainder of . R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the fright with a radius of 20. 00 feet, the chord azimuth and distance being : 270 54 ' 28 .28 feet; 3 . 720 54 ' 642.48 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 1, 160 .00 feet, the chord azimuth and distance being: 90° 50 ' 714 .35 feet; 5 . 1080 46 27. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -23- 6 . 1970 40 ' 101 . 10 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . 2550 15 ' 416 . 93 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . 2450 20 ' 541. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . 2350 50 ' 136 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 2580 15 ' 224 .44 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 9 . 512 Acres, more or less . (Refer to - `r Parcel 9 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-6) : PARCEL 10 : Beginning at the Southeast corner of this parcel of land, the. coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 4 , 838 . 74 feet North and 33 , 353 . 00 feet West, thence running by azimuths measured clockwise from True South: 1 . Along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 1, 560 . 00 feet, the chord azimuth and distance being : 950 16 ' 28" 372 . 92 feet; -24- 2 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 20 . 00 feet, the chord azimuth and distance being : 1320 19 , 17 . 5" 27 . 74 feet; 3 . 1760 14 ' 306 .45 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana l to G.D. Hueu; 4 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana I to G.D. Hueu, on a curve to the left with a radius of 840. 00 feet, the chord azimuth and distance being: 1700 19 ' 30" 172 . 93 feet; 5 . 1640 25 ' 394 . 94 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana I to G.D. Hueu, on a curve to the right with a radius of 760 . 00 feet, the chord azimuth and distance being: 1790 49 ' 15" 403 . 75 feet; 7. 1950 13 ' 30" 97. 17 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 8 . 275' 42 ' 446 . 03 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . 440 46 ' 278 . 34 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; i 9 gp� S -25- € 10 . 3460 12 ' 191 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11 . 210 08 ' 129 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 12 . 3530 15 ' 106 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 3150 00 ' 476 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G .D. Hueu; 14 . 3350 42 ' 215 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 15 . 430 00 ' 219 . 00 feet along the remainder of i R.P. 5671, L.C. Aw. 8521-B, Apana l to G.D. Hueu; 16 . 110 10 , 62. 65 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 12 . 027 Acres , more or less . (Refer to Parcel 10 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa , South Kohala, Hawaii , shall be Limited Industrial (ML-20) : PARCEL 11 : Beginning at the South corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 6 , 102 . 05 feet North and 33 , 994 . 68 feet West, thence running by azimuths measured clockwise from True South: -2 6- 1 . 990 47 ' 200 . 76 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . 1910 40 ' 210 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 1500 00 ' 138 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 2030 20 ' 44 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 2880 00 ' 118 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 2760 50 ' 112 .00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7. 3350 10 , 113 . 15 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . 150 13 ' 30" 182. 52 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 840. 00 feet, the chord azimuth and distance being: 120 44 ' 18" 72 . 89 feet to the point of beginning and containing an Area of 1. 763 Acres, more or less . <Refer to Parcel 11 as shown on Exhibit "A" . ) • i —27— a The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Village Commercial (CV-10) : PARCEL 12 : Beginning at the East corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 6, 102 . 05 feet North and 33 , 994 . 68 feet West, thence running by azimuths measured clockwise from True South: 1 . Along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 840 . 00 feet, the chord azimuth and distance being: 10 48 ' 58" 246 .45 feet; 2 . 1230 17 ' 261. 18 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 1910 40 ' 140 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 2790 47 ' 200 . 76 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 0 . 918 Acres , more or less . (Refer to Parcel 12 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Village Commercial (CV-10) : PARCEL 13 : Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being -28- 4 , 367. 66 feet North and 34 , 839 .30 feet West, thence running by azimuths measured clockwise from True South : 1 . 2730 11 ' 173 . 96 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . 3230 03 ' 179 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 2910 43 ' 249 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 3410 54 ' 185 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hu6u; 5 . 290 52 ' 214 . 00 feet along the remainder of R.P. 5671, L.G. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 600 08 ' 287. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7. 1750 50 ' 268 . 71 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 45 . 00 feet, the chord azimuth and distance being : 1940 04 ' 06" 85 . 48 feet; 9 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 20 . 00 feet, the chord azimuth and distance being : 1410 40 ' 48" 13 .27 feet; -29- 9 10 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 1, 230 . 00 feet, the chord azimuth and distance being: 1540 04 ' 42" 298 . 88 feet; 11. 1470 06 ' 141. 79 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 4 . 334 Acres, more or less . (Refer to Parcel 13 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-6) : PARCEL 14 : Beginning at the Northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 3, 886 .48 feet North and 34 , 644 . 18 feet West, thence running by azimuths measured clockwise from True South: 1. 3550 50 ' 268 . 71 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . 400 17 ' 228 . 92 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 450 19 ' 577 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -30- 4 . 1030 44 ' 740 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D' . Hueu; 5 . 1330 10 ' 240 . 02 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 1970 47 ' 223 . 02 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . 2600 53 ' 245. 79 feet along the remainder of R.P. 5671, L.G. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . 2450 13 ' 20" 197. 74 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . 201° 32 ' 301, 226 . 14 feet along the remainder of R.P. 5671, L.G. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 2630 06 ' 349 . 04 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11. 2860 45 , 323 . 00 feet along the remainder of R.P. 5671, L.G. Aw. 8521-B, Apana 1 to G.D. Hueu; 12 . 2530 19 , 164 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the Left with a radius of 45. 00 feet, the chord i -31- I azimuth and distance being : 3040 34 ' 30" 56 .32 feet to the point of beginning and containing an Area of 19 . 675 Acres , more or less . (Refer to Parcel 14 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Village Commercial (CV-10) : PARCEL 15 : Beginning at the Southeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 4 , 247. 32 feet North and 34, 832 . 91 feet West, thence running by azimuths measured clockwise from True South: 1 . 940 43 ' 364 . 21 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . 830 39 ' 323 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 740 40 ' 329 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 1220 22 ' 32 .48 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 2120 31 ' 30" 648 . 77 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -32- 6 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 840 . 00 feet, the chord azimuth and distance being: 2790 18 ' 46" 420 . 91 feet; 7 . 2640 48 ' 12" 109 . 03 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 20 . 00 feet, the chord azimuth and distance being : 3090 48 ' 12" 28 . 28 feet; 9 . 3540 48 ' 12" 113 .38 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521.-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 430 . 00 feet, the chord azimuth and distance being: 3400 57 ' 06" 205 . 89 feet; 1.1 . 3270 06 ' 104 . 51 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 7.389 Acres, more or less . (Refer to Parcel 15 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM--4) : -33- 3 PARCEL 16 : Beginning at the Northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PW HINAI" being 5,490 . 91 feet North and 33 , 911. 39 feet West, thence running by azimuths measured clockwise from True South: 1 . 3440 25 ' 149 . 94 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 760 . 00 feet, the chord azimuth and distance being : 3500 19 ' 30" 156 .46 feet; 3 . 3560 14 ' 306 . 32 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 20. 00 feet, the chord azimuth and distance being : 400 31 ' 06" 27. 93 feet; 5 . 840 48 ' 12" 199 .42 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 3540 48 ' 12" 20 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7 . 840 48 ' 12" 1, 069 .46 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; -34- 8 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 760 . 00 feet, the chord azimuth and distance being ; 980 51 ' 02" 368 . 94 feet; 9 . 2120 31 ' 30" 466 . 71 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 213' 17 ' d5" 65 . 59 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11 . 3030 17 ' 119 . 50 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 12 . 2840 47 ' 10" 464 . 92 feet along the remainder of . R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 2490 QQ ` 620 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 14 . 2130 17 ' 259 . 99 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 13 . 930 Acres, more or less . (Refer to Parcel 16 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-8) : -35- 3 i PARCEL 17: Beginning at the North corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 , 858 .22 feet North and 30, 302 . 74 feet West, thence running by azimuths measured clockwise from True South: 1 . 332c' 09 ' 03" 401. 63 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2 . 860 30 ' 377. 97 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 760 25 ' 327. 00 feet along the remainder of R.P. 5671, L.G. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 620 50 ' 192 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 370 30 ' 67.46 feet along the ;,ainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6 . 190 24 ' 217. 65 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 7. 500 55 ' 540 . 93 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8 . 660 27 ' 483 . 59 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; -36- 9 . 610 29 ' 509 . 08 feet along the remainder of R.P. 5671, L.C. Aw, 8521-B, Apana 1 to G.D. Hueu; 10 . 780 50 , 409 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11 . 720 50 , 491. 00 feet along the remainder of R.P. 5671, L.C. Aw, 8521-B, Apana 1 to G.D. Hueu; 12 . 630 40 , 230.47 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 2090 36 ' 49 . 67 feet along the remainder of R.P.. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 14 . 2040 40 ' 84 . 88 feet along the remainder of R.P. 5671, L.G. Aw. 8521-B, Apana 1 to G.D. Hueu; 15 . 2070 27 ' 165 . 57 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16 . 2120 301 82 .34 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 17. 2830 431 45" 21. 11 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 18 . 2420 09 , 03" 3 ,368 . 21 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of -37- beginning and containing an Area of 26 . 686 Acres, more or less . (Refer to Parcel 17 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-6) : PARCEL 19 : Beginning at the West corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PDU HINAI" being 7,.864 . 56 feet North and 31, 086 . 00 feet West, thence running by azimuths measured clockwise from True South: 1. 2300 54 ' 531 . 18 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; ° 2 . Thence along the remainder of R.P. 5671, L .C. Aw. 8521-B, Apana l to G.D. Hueu, on a curve to the right with a radius of 560 . 00 feet, the chord azimuth and distance being : 2720 57 ' 750 . 15 feet ; 3 . 3150 00 ' 202 . 13 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 740 . 00 feet , the chord azimuth and distance being : 302" 17 ' 50" 325 . 44 feet ; -38- 5 . Thence along the remainder of R. P. 5671, L .C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 20 . 00 feet, the chord azimuth and distance being : 3320 53 ' 50" 27 .43 feet; 6 . 160 12 ' 310 . 86 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7. 1060 12 ' 13 . 34 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; S . 1520 35 ' 111. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . 1120 20 ' 279 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 1010 50 ' 392. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11. 920 301 406. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 12 . 870 00 ' 221. 22 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 910 12 ' 135 . 86 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; -39-- 1 i i 14 . 1400 54 ' 58 . 91 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 13 . 367 Acres, more or less . (Refer to Parcel. 19 as shown on Exhibit "A" . ) ; The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0) : PARCEL 18 : Beginning at the South corner of this parcel of land, on the Northwesterly side of Queen Kaahumanu Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 2, 617 . 19 feet North and 34 , 652 . 51 feet West, thence running by azimuths measured clockwise from True South: 1. 1030 43 ' 46 . 6" 1, 534 . 69 feet along the Government Land of Puuanahulu; 2 . 1930 43 ' 46 . 6" 100 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 . 1030 43 ' 46 . 6" 70 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4 . 130 43 ' 46 . 6" 100 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5 . 1030 43 ' 46 . 6" 550 . 00 feet along the Government Land of Puuanahulu; 6 . 2130 17' 05" 5, 562 . 14 feet along R. F. 7523 , I.Q.C. Aw. 4452, Apana 4 to H. Kalama; -40- 7 . 2060 10 ' 55" 604 . 11 feet along R.P. 7523 , L.C. Ara. 4452, Apana 4 to H. Kalama; B . 283 ' 43 ' 45" 128 . 89 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9 . 320 30 , 82 . 34 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10 . 270 27 , 165 . 57 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 11• 240 40 , 84 . 88 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 12 . 290 360 49 . 67 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13 . 243° 40 , 230.47 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 14 . 2520 50 , 491 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 15 . 2580 501 409 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16 . 2410 29 ' 509 . 08 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3 i f 3 S{� 3 -41- Y I 17 . 2460 27 ' 483 . 59 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 18 . 2300 55 ' 540. 93 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 19 . 1990 24 ' 217. 65 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 20 . 2170 30 ' 67 .46 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 21. 2420 50 ' 192. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 22 . 2560 25 ' 327. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 23 . 2660 30 ' 450 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 24 . 2910 35 ' 130 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 25 . 2970 00 ' 344 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 26 . 2930 18 ' 241 . 26 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -42- 27 . 3070 28 ' 690 . 0o feet along the remainder of R. P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 28 . 235' 20 ' 330 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 29 . 3080 05 ' 150 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 30 . 3320 40 ' 260 . 26 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 31 . 3110 37 ' 41" 15 . 61 feet along the remainder of R.P•. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 32. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 840 . 00 feet, the chord azimuth and distance being: 2290 51 ' 24" 240. 45 feet; 33 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 800 . 00 feet, the chord azimuth and distance being: 1230 51 ' 27" 722 . 01 feet; 34 • 970 02 ' 134 .53 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -43- i I 35 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 140 . 00 feet, the chord azimuth and distance being : 1130 30 ' 30" 79 .41 feet; 36 . 1290 59 ' 166 . 84 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 37. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 1, 160 . 00 feet, the chord azimuth and distance being : 1210 27' 30" 343 . 92 feet; 38 . 1120 56 ' 392. 61 feet- along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 39 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 140 . 00 feet, the chord azimuth and distance being: 1770 32 ' 31 . 5" 252 . 95 feet; 40 . 2420 09 ' 03" 100 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 41. 1520 09 ' 03" 140 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 42 . 620 09 ' 03" 274 . 64 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; - 44- 43 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 330. 00 feet, the chord azimuth and distance being : 90 3V 28" 232 . 83 feet; 44 . 620 09 , 03" 218 . 15 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana I to G.D. Hueu; 45 . 1520 09 , 03" 234 . 97 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 46 . 24213 09 , 03" 1, 232.47 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Huell; 47. 3140 49 ' 143 . 62 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 48 . 2560 11 , 206.00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 49 . 2430 11 ' 717. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 50 . 2370 55 ' 271 . 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 51. 2490 36 ' 440. 00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 1 i -45- I 52 . 2340 27 ' 389 . 42 feet along the remainder of R.P. 5671, L.C. Aw. 8521--B, Apana 1 to G.D. Hueu; 53 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 150 . 00 feet, the chord azimuth and distance being: 3170 10 ' 297. 58 feet; 54 . 390 53 ' 201. 04 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 55 . 250 40 ' 170 . 35 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 56 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 235 . 00 feet, the chord azimuth and distance being : 460 13 ' 164 . 98 feet; 57. 660 46 ' 573 . 90 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 58 . 43" 51. ' 254 .45 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 59 . 570 11 ' 652 . 09 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 60 . 29711 07•' 280 . 26 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu ; -46- 61. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 300 . 00 feet, the chord azimuth and distance being : 2610 59 ' 30" 345 .22 feet; 62 . 2260 52 ' 525 . 64 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana I to G.D. Hueu; 63 . 2500 49 ' 609 . 56 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 64 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left• with a radius of 100 . 00 feet, the chord azimuth and distance being: 2300 05 , 70. 80 feet; 65 . 2090 21 , 232. 82 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 66 . 1850 57' 97. 90 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 67. Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 160. 00 feet, the chord azimuth and distance being : 2190 55 ' 178 . 79 feet; 68 . 2530 53 ' 33 . 08 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; l -4 7- 69 . 1650 13 ' 323 . 50 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 70 . 2410 49 ' 132 . 94 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 71. 1830 22 ' 354 . 81 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 72 . 2070 25 ' 205 . 11 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 73 . Thence along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 80. 00 feet, the chord azimuth and distance being: 1790 47 ' 01. 5" 74 .21 feet; 74 . 2420 09 ' 03" 156 . 60 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 75 . 3020 22 ' 2, 339 . 81 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 76 . 510 41 ' 16" 3 , 193 . 75 feet along the North- westerly side of Queen Kaahumanu Highway; 77 . 1410 41 ' 16" 20 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 78 . 510 41' 16" 1, 300 . 02 feet along the North- westerly side of Queen Kaahumanu Highway; -48- 79 . 321" 41 ' 16" 30 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 80 . 510 41 ' 16" 850 . 14 feet along the North- westerly side of Queen Kaahumanu Highway; 81 . 141" 41 ' 16" 20 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 82 . 510 41 ' 16" 1,350. 00 feet along the North- westerly side of Queen Kaahumanu Highway; 83 . 321" 41 ' 16" 20 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 84 . 510 41 ' 16" 700 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 85 . 141° 41 ' 16" 10 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 86 . 51° 41 , 16" 1, 600 . 00 feet along the North- westerly side of Queen - Kaahumanu Highway; 87. 141a 41 ' 16" 20 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 88 . 510 41 ' 16" 800 . 00 feet along the North- westerly side of Queen Kaahumanu Highway; 89 . 3210 41 ' 16" 20. 00 feet along the North- westerly side of 'Queen Kaahumanu Highway; 90 . 510 41 ' 16" 3 , 089 . 73 feet along the North- westerly side of Queen Kaahumanu Highway to the Point of beginning and containing a Gross Area of 783 . 541 Acres, more or -49- point of beginning and containing a Gross Area of 783 . 541 Acres, more or less , and a Net Area of 605 . 881 Acres, more or less , after excluding and deducting Parcels 1, 3 , and 5 to 16, inclusive, and 19 , as described previously. (Refer to Parcel 18 as shown on Exhibit "A" . ) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2 . These changes in district classification are conditioned upon the following: (A) the applicant, successors or its assigns shall comply with all of the stated conditions of approval; (H) plans for residential development or a portion thereof shall be submitted for plan approval within one year from the effective date of the change of zone and Final Plan Approval secured within one year thereafter. To assure adequate time for Plan Approval review and in accordance with Chapter 25-244 (Zoning Code) , plans shall be submitted a minimum of forty-five (45) days prior to the date by which Plan Approval must be secured; (C) intersection improvements to Queen Kaahumanu Highway, which may include phasing thereof as well as a highway underpass and diamond interchange at the south entrance, shall be installed in a manner meeting with the approval of the Department of Transportation. A Traffic -50- 9: Management Plan shall be approved by the Department of Transportation and approved recommendations implemented. Further, a letter from the Department of Transportation-Highways Division confirming the funding and construction of other on-site and off-site transportation improvements or other means agreed upon, shall be submitted within one year from completion of the Department of Transportation-Highways Division Corridor Study; (D) all roadways within the proposed development shall be constructed in accordance with the requirements of the Department of Public Works . Curbs, gutters and sidewalks may be required to be constructed in areas of likely pedestrian traffic as determined by the Chief Engineer and the Planning Director; (E) a roadway connection to the adjacent property to the north shall be Provided meeting with the approval of the Department of Public Works; (F) a drainage system shall be installed meeting with the approval of the Department of Public Works ; (G) all residential, commercial and industrial units and uses shall be connected to a sewage treatment plant, public or private, meeting with the approval of the appropriate governmental agencies; (H) should any unanticipated archaeological sites or features be uncovered during land preparation activities, work within the affected area shall immediately cease and the Planning Department notified . Work within the affected area -51- shall not resume until clearance is obtained from the Planning Department; (I) comply with the requirements of the Department of Education. A letter from the Department of Education confirming compliance and the nature in which compliance has been met shall be submitted prior to issuance of a certificate of occupancy for any of the multi-family residential units ; (J) comply with all other applicable laws, rules, regulations and requirements, including those of the Department of Water Supply, Department of Public Works and the Department of Land and Natural Resources; (K) comply with applicable conditions of Ordinance No . 265 , as amended, the State Land Use Commission Decision and Order, and SMA Use Permit No. 25, as amended; (L) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer ' s election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (M) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this change of zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions •of approval have been complied and the -52- Planning Director acknowledges that further reports are not required; and, (N) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances : 1) the non-Performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i .e. , a condition to be performed within one year may be extended for up to one additional year) ; and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3 . In the event that any portion of this ordinance is declared invalid, such invalidity shah not affect the other parts of this ordinance. -53- SECTION 4 . This ordinance shall take effect upon its approval . INTRODUCED BY: COUNCIL MEMBER, COUNTY 00 HAWAII Hilo, Hawaii Date of Introduction: October 16 , 1991 Date of lst Reading: October 1-6 , 1991 Date of 2nd Reading : November 6, 1991 Effective Date: November 1B, .1991 APPROVED AS TO FORM AND LEGALITY: £iFTU1`,�i COR RATION COUNSEL DATE: AUG 2 6 1991 -54- COUNTY OF HAWAII a TATE OF HAWAII BILL NO. 197 (Draft 2) ORDINANCE NO. 94 31 AN ORDINANCE AMENDING SECTION 25-95G (PUAKO-ANAEHOOMALU ZONE MAP) , ARTICLE 3 , CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM MULTIPLE FAMILY RESIDENTIAL (RM-6) AND (RM-8) TO OPEN (0) AND VILLAGE COMMERCIAL (CV-10) ; FROM OPEN (0) TO MULTIPLE FAMILY RESIDENTIAL (RM-6) AND (RM-8) AND VILLAGE COMMERCIAL (CV-10) AND FROM VILLAGE COMMERCIAL (CV-10) TO OPEN (0) AT WAIKOLOA, SOUTH KOHALA, HAWAII , COVERED BY TAX MAP KEY 6-9-08 :PORTION OF 2 . BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII : SECTION 1 . Section 25-95G, Article 3 , Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows : The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 1 • Beginning at the Southwest corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8, 935 . 55 feet North and 28, 240. 68 feet West, thence running by azimuths measured clockwise from True South: 1 . Along a curve to the right with a radius of 800 . 00 feet, the chord azimuth and distance being : 3240 34 ' 55" 170 . 01 feet; Planning Qepi. Exhibit 2 2 . Along a curve to the left with a radius of 840 . 00 feet, the chord azimuth and distance being : 570 44 ' 22 . 5" 10 . 14 feet; 3 . 1480 00 ' 00" 169 . 76 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 031 acres . (Refer to Sliver 1 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 2 : Beginning at the Southwest side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 , 610 .35 feet North and 29 , 549 . 50 feet West, thence running by azimuths measured clockwise from True South: 1. 2920 56 ' 00" 195 . 71 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the right with a radius of 1, 160 . 00 feet, the chord azimuth and distance being : 2960 18 ' 46" 136 . 75 feet; 3 . 1170 15 ' 00" 4 . 39 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . 1140 17 ' 03" 327. 94 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 021 acres . (Refer to Sliver 2 as shown on Exhibit "A" . ) -2- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 3 : Beginning at the West corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 098 . 24 feet North and 29 , 741. 50 feet West, thence running by azimuths measured clockwise from True South: 1 . 2420 09 ' 03" 25 . 81 feet along the remainder of Lot 1 of File Plan 2013; 2 . 3320 09 ' 03" 140 . 00 feet along the same; 3 . 620 09 ' 03" 25 . 81 feet along the same; 4 . 1520 09 ' 03" 140 . 00 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 083 acres . (Refer to Sliver 3 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0) : SLIVER 4 : Beginning at the South side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8, 976 . 08 feet North and 28, 575 .20 feet West, thence running by azimuths measured clockwise from True South: 1 . 23510 20 ' 00" 6 . 71 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the right with a radius of 275 . 00 feet, the chord azimuth and distance being: 3140 25 ' 24" 193 . 30 feet; -3- 3 . 3350 00 ' 00" 103 . 71 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . Along a curve to the left with a radius of 325 . 00 feet, the chord azimuth and distance being : 3250 41 ' 43" 105 . 10 feet; 5 . Along a curve to the right with a radius of 20 . 00 feet, the chord azimuth and distance being : 3460 24 ' 16 . 5" 20 . 01 feet; 6 . Along a curve to the left with a radius of 840 . 00 feet, the chord azimuth and distance being: 410 44 ' 07 . 5" 3 . 15 feet; 7. 131" 37 ' 41" 15 . 61 feet along the remainder of Lot 1 of File Plan 2013 ; 8 . 1520 40 ' 00" 260 .26 feet along the same; 9 . 1280 05 ' 00" 150 . 00 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 065 acres . (Refer to Sliver 4 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoioa, South Kohala, Hawaii , shall be open (0) : SLIVER 5 : Beginning at the Southeast corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 688 . 39 feet North and 28,304 . 92 feet West, thence running by azimuths measured clockwise from True South: 1 . 2380 29 ' 00" 186 . 31 feet along the remainder of Lot 1 of File Plan 2013 ; -4- SLIVER 7 : Beginning at the Southeast corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 772 .22 feet North and 26, 680 . 14 feet West, thence running by azimuths measured clockwise from True South: 1 . 2420 09 ' 03" 24 . 80 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the right with a radius of 80 . 00 feet, the chord azimuth and distance being: 3590 47 ' 01 . 5" 74 . 21 feet; 3 . 270 25 ' 00" 183 . 37 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . 1951* 26 ' 00" 233 . 83 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 131 acres . (Refer to Sliver 7 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0) : SLIVER 8 : Beginning at the North corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 505 . 97 feet North and 26, 753 . 64 feet West, thence running by azimuths measured clockwise from True South: 1. 3' 22 ' 00" 333 . 22 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 610 49 ' 00" 3 . 56 feet along the same; 3 . 1800 05 ' 00" 253 .41 feet along the same; -6- 4 . 1950 26 ' 00" 83 . 94 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 076 acres . (Refer to Sliver 8 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 9 : Beginning at the North corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PW HINAI" being 11, 100 . 55 feet North and 26, 887. 75 feet West, thence running by azimuths measured clockwise from True South: 1 . 3450 13 ' 00" 86 . 65 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 1570 53 ' 30" 84 . 76 feet along the same; 3 . 2410 49 ' 00" 11. 11 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 011 acres . (Refer to Sliver 9 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 10 : Beginning at the North corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10 ,485 . 99 feet North and 27, 671. 73 feet West, thence running by azimuths measured clockwise from True South: -7- 1. 620 26 ' 00" 350 . 52 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 490 22 ' 00" 105 . 33 feet along the same; 3 . 2230 51 ' 00" 148 . 91 feet along the same; 4 . 2460 46 ' 00" 312 . 87 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 112 acres . (Refer to Sliver 10 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0) : SLIVER 11 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 084 . 91 feet North and 27, 730 . 50 feet West, thence running by azimuths measured clockwise from True South: 1 . 460 52 ' 00" 495 . 67 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the right with a radius of 300 . 00 feet, the chord azimuth and distance being : 81" 59 ' 30" 345 .22 feet; 3 . 1170 07 ' 00" 52 . 73 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . Along a curve to the left with a radius of 375 . 00 feet, the chord azimuth and distance being : 2610 21 ' 30" 438 . 28 feet; 5 . 2250 36 ' 00" 408 . 67 feet along the remainder of Lot 1 of File Plan 2013 ; -8- 6 . 2460 07 ' 00" 27 . 58 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 151 acres . (Refer to Sliver 11 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 12 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 145 . 02 feet North and 27, 594 . 74 feet West, thence running by azimuths measured clockwise from True South: 1. 2460 07 ' 00" 336 . 78 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 2610 18 ' 00" 138 .31 feet along the same; 3 . Along a curve to the left with a radius of 100 . 00 feet, the chord azimuth and distance being : 2350 19 ' 30" 87 . 60 feet; 4 . 290 21 ' 00" 1 . 15 feet along the same; 5 . Along a curve to the right with a radius of 100 . 00 feet, the chord azimuth and distance being : 500 05 ' 00" 70 . 80 feet; 6 . 700 49 ' 00" 488 . 98 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 154 acres . (Refer to Sliver 12 as shown on Exhibit "A" . ) -9- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 13 : Beginning at the Northeast corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 995 . 39 feet North and 25, 997 . 97 feet West, thence running by azimuths measured clockwise from True South: 1 . Along a curve to the right with a radius of 400 . 00 feet, the chord azimuth and distance being : 2790 30 ' 08 . 5" 260 . 86 feet; 2 . 2980 32 ' 00" 148 . 82 feet along the remainder of Lot 1 of File Plan 2013; 3 . Along a curve to the right with a radius of 40 . 00 feet, the chord azimuth and distance being : 3410 13 ' 07. 5" 54 .24 feet; 4 . 1170 29 ' 00" 272 .22 feet along the same; 5 . 10310 40 ' 00" 168 . 77 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 322 acres . (Refer to Sliver 13 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 14 : Beginning at the East corner of this parcel of land. The coordinates of said point of beginning referred to -10- Government Survey Triangulation Station "PUU HINAI" being 10, 702 . 96 feet North and 25, 748 . 14 feet West, thence running by azimuths measured clockwise from True South: 1. 520 10 ' 00" 578 . 15 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the left with a radius of 120 . 00 feet, the chord azimuth and distance being: 230 08 ' 00" 116 .48 feet; 3 . 3540 06 ' 00" 82 .47 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . 60 51 ' 00" 26 . 09 feet along the same; 5 . 1460 27 ' 00" 52 . 79 feet along the same; 6 . Along a curve to the right with a radius of 100 . 00 feet, the chord azimuth and distance being : 1870 33 ' 00" 131 .48 feet; 7 . 2280 39 ' 00" 314 . 06 feet along the remainder of Lot 1 of File Plan 2013 ; 8 . 2350 29 ' 00" 331 . 52 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 .270 acres . (Refer to Sliver 14 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0) : SLIVER 15 : Beginning at the East corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 049 . 05 feet North and 26, 255 .28 feet West, thence running by azimuths measured clockwise from True South: -11- 1 . 60 51 ' 00" 89 . 97 feet along the remainder of Lot 1 of File Plan 2013; 2 . 500 28 ' 00" 91. 88 feet along the same; 3 . 2080 54 ' 00" 168 . 84 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 065 acres . (Refer to Sliver 15 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0) : SLIVER 16 : Beginning at the West side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10 ,478 . 33 feet North and 29, 129 . 13 feet West, thence running by azimuths measured clockwise from True South: 1. 3320 25 ' 00" 149 . 93 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 2550 33 ' 00" 160 . 82 feet along the same; 3 . 630 11 ' 00" 8 . 00 feet along the same; 4 . 760 11 ' 00" 206 . 00 feet along the same; 5 . 1340 49 ' 00" 143 . 62 feet along the same; 6 . 2420 09 ' 03" 94 . 90 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 .241 acres . (Refer to Sliver 16 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Open (0) : -12- SLIVER 17 : Beginning at the Southeast side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 , 343 . 56 feet North and 27,474 . 31 feet West, thence running by azimuths measured clockwise from True South: 1. 520 00 ' 00" 35 .44 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 1090 10 ' 00" 57 . 24 feet along the same; 3 . 1850 13 ' 10" 30 . 68 feet along the same; 4 . 2890 10 ' 00" 83 . 85 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0. 048 acres . (Refer to Sliver 17 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 18 : Beginning at the Southeast corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 098 . 28 feet North and 26, 677 . 03 feet West, thence running by azimuths measured clockwise from True South: 1 . Along a curve to the right with a radius of 150 . 00 feet, the chord azimuth and distance being: 830 56 ' 47 . 5" 146 .27 feet; 2 . 2740 21 ' 00" 58 . 86 feet along the remainder of Lot 1 of File Plan 2013 ; 3 . Along a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 2570 05 ' 21" 89 . 02 feet _13_ along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 016 acres . (Refer to Sliver 18 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 19 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PLTU HINAI" being 10, 521 . 70 feet North and 26, 656 . 51 feet West, thence running by azimuths measured clockwise from True South: 1. 305" 21 ' 14" 77. 92 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the right with a radius of 290 . 00 feet, the chord azimuth and distance being: 3080 54 ' 49" 36 . 01 feet; 3 . 232" 15 ' 00" 38 . 83 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . 3120 14 ' 10" 15 . 96 feet along the same; 5 . Along a curve to the right with a radius of 325 . 02 feet , the chord azimuth and distance being : 3130 16 ' 08" 11. 72 feet; 6 . 4811 15 ' 00" 156 . 43 feet along the remainder of Lot 1 of File Plan 2013 ; 7 . 3520 10 ' 00" 50 .26 feet along the same; 8 . Along a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 1470 05 ' 31" 10 . 37 feet; -14- 9 . 1450 06 ' 42" 14 . 84 feet along the remainder of Lot 1 of File Plan 2013 ; 10 . Along a curve to the right with a radius of 200 . 00 feet, the chord azimuth and distance being : 174 33 ' 33" 196 . 65 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 .332 acres . (Refer to Sliver 19 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 20 : Beginning at the North side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 043 . 78 feet North .and 26, 308 . 50 feet West, thence running by azimuths measured clockwise from True South: 1 . 54' 06 ' 00" 140 . 37 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 16911 26 ' 00" 39 . 98 feet along the remainder of Lot 1 of File Plan 2013 ; 3 . Along a curve to the right with a radius of 60 . 00 feet, the chord azimuth and distance being: 2350 42 ' 00" 109 . 85 feet; 4 . 301" 58 ' 00" 35 . 70 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 165 acres . (Refer to Sliver 20 as shown on Exhibit "A" . ) -15- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 21: Beginning at the North side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10 , 505 . 99 feet North and 26,497 . 78 feet West, thence running by azimuths measured clockwise from True South: 1 . 2320 15 ' 00" 55 .29 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the left with a radius of 200 . 00 feet, the chord azimuth and distance being : 2090 38 ' 08" 153 . 81 feet; 3 . Along a curve to the right with a radius of 150 . 00 feet, the chord azimuth and distance being: 300 25 ' 40" 180 . 71 feet; 4 . 670 28 ' 00" 30 . 59 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 050 acres . (Refer to Sliver 21 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Open (0) : SLIVER 22 : Beginning at the Southeast corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8 , 893 . 22 feet North and 27, 946 . 88 feet West, thence running by azimuths measured clockwise from True South: -16- 1 . 650 44 ' 00" 10 . 00 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 1550 44 ' 00" 300 .38 feet along the same; 3 . 1960 27 ' 00" 15 .33 feet along the same; 4 . 3350 44 ' 00" 312 . 00 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 070 acres . (Refer to Sliver 22 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Village Commercial (CV--10) : SLIVER 23 : Beginning at the Southeast side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9,422 . 87 feet North and 27, 702 .49 feet West, thence running by azimuths measured clockwise from True South: 1 . 289' 10 ' 00" 157. 72 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 50 13 ' 10" 30 . 68 feet along the remainder of Lot 1 of File Plan 2013 ; 3 . 109" 10 ' 00" 161. 69 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . 19211 36 ' 00" 29 . 97 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 109 acres . (Refer to Sliver 23 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Village Commercial (CV-10) : -17- SLIVER 24 : Beginning at the Southeast side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 ,422. 87 feet North and 27, 702 .49 feet West, thence running by azimuths measured clockwise from True South: 1. 120 36 ' 00" 29 . 97 feet along the remainder of Lot 1 of File Plan 2013; 2 . 10911 10 ' 00" 146 .48 feet along the remainder of Lot 1 of File Plan 2013 ; 3 . 650 13 ' 00" 190 . 97 feet along the same; 4 . 1960 27 ' 00" 33 . 24 feet along the same; 5 . 2450 13 ' 00" 186 . 04 feet along the same; 6 . 2890 10 ' 00" 148 . 18 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 .209 acres . (Refer to Sliver 24 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Village Commercial (CV-10) : SLIVER 25 : Beginning at the Southeast side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8 , 893 . 22 feet North and 27, 946 . 88 feet West, thence running by azimuths measured clockwise from True South: 1. 2450 44 ' 00" 198 . 00 feet along the same; 2 . Along a curve to the left with a radius of 235 . 00 feet, the chord azimuth and distance being : 2190 10 ' 00" 210 . 20 feet; -i8- 3 . 1920 36 ' 00" 218 . 53 feet along the remainder of Lot l of File Plan 2013 ; 4 . 2890 10 ' 00" 31 . 38 feet along the remainder of Lot 1 of File Plan 2013 ; 5 . 510 13 ' 10" 47. 04 feet along the same; 6 . Along a curve to the right with a radius of 475 . 00 feet, the chord azimuth and distance being: 350 50 ' 11" 483 . 83 feet; 7 . Along a curve to the right with a radius of 92 . 00 feet, the chord azimuth and distance being : 730 40 ' 22" 23 . 12 feet; 8 . 800 53 ' 32" 61.20 feet along the same; 9 . Along a curve to the left with a radius of 112 . 50 feet, the chord azimuth and distance being : 760 54 ' 30" 15 . 63 feet; 10 . 15511 44 ' 00" 12 . 62 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 .409 acres . (Refer to Sliver 25 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-6) : SLIVER 26 : Beginning at the Southwest corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8 , 791. 59 feet North and 28, 150 . 72 feet West, thence running by azimuths measured clockwise from True South: -19- 1. 328' 00 ' 00" 4 . 55 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the left with a radius of 840 . 00 feet, the chord azimuth and distance being : 500 08 ' 55" 229 .49 feet; 3 . 1310 37 ' 41" 0 . 78 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . Along a curve to the left with a radius of 20 . 00 feet, the chord azimuth and distance being: 2010 14 ' 59 . 5" 3 .37 feet; 5 . Along a curve to the right with a radius of 840 . 00 feet, the chord azimuth and distance being: 2290 37 ' 06" 227 .29 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 017 acres . (Refer to Sliver 26 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-6) : SLIVER 27 : Beginning at the Southwest side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 8 , 935 . 55 feet North and 28,240 . 68 feet West, thence running by azimuths measured clockwise from True South: 1. Along a curve to the left with a radius of 800 . 00 feet, the chord azimuth and distance being: 1170 45 ' 28" 566 . 20 feet -20- along the remainder of Lot 1 of File Plan 2013; 2 . 970 02 ' 00" 134 . 53 feet along the remainder of Lot 1 of File Plan 2013 ; 3 . Along a curve to the right with a radius of 140 . 00 feet, the chord azimuth and distance being: 1130 30 ' 30" 79 .41 feet 4 . 1290 59 ' 00" 166 .84 feet along the remainder of Lot 1 of File Plan 2013 ; 5 . Along a curve to the left with a radius of 1, 160 . 00 feet, the chord azimuth and distance being: 1240 50 ' 15 . 5" 208 . 08 feet 6 . 2970 15 ' 00" 458 . 99 feet along the remainder of Lot 1 of File Plan 2013 ; 7 . 2900 43 ' 00" 416 . 16 feet along the same; 8 . 3070 30 ' 00" 232.20 feet along the same; 9 . 3280 00 ' 00" 46 .21 feet along the same to the point of beginning and containing an area of 0 . 549 acres . (Refer to Sliver 27 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-6) : SLIVER 28 : Beginning at the West corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 , 610 . 35 feet North and 29, 549 . 50 feet West, thence running by azimuths measured clockwise from True South: 1 . 1120 56 ' 00" 196 . 91 feet along the remainder of Lot 1 of File Plan 2013 ; -21- 2 . Along a curve to the right with a radius of 140 . 00 feet, the chord azimuth and distance being: 1770 32 ' 31 . 5" 252 . 95 feet 3 . 2420 09 ' 03" 26 . 37 feet along the remainder of Lot 1 of File Plan 2013 ; 4 . Along a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 3580 13 ' 03" 269 .49 feet 5 . 2940 17 ' 03" 176 . 07 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 103 acres . (Refer to Sliver 28 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-6) : SLIVER 45 : Beginning at the North side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 , 752 . 39 feet North and 30,000 . 11 feet West, thence running by azimuths measured clockwise from True South: 1 . 620 09 ' 03" 0 . 18 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the right with a radius of 325 . 00 feet, the chord azimuth and distance being: 1890 05 ' 20" 231.44 feet; 3 . 2420 09 ' 03" 2.48 feet along the remainder of Lot 1 of File Plan 2013 ; -22- 4 . Along a curve to the left with a radius of 330 . 00 feet, the chord azimuth and distance being : 9° 32 ' 28" 232 . 83 feet; to the point of beginning and containing an area of 0 . 006 acres . (Refer to Sliver 45 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-8) : SLIVER 29 : Beginning at the West side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 385 . 57 feet North and 28, 903 . 98 feet West, thence running by azimuths measured clockwise from True South: 1 . 2430 11 ' 00" 671. 25 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 580 29 ' 00" 127 . 10 feet along the same; 3 . 580 41 ' 00" 169 . 31 feet along the same; 4 . 650 56 ' 00" 343 . 19 feet along the same; 5 . 750 33 ' 00" 33 . 77 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 .206 acres . (Refer to Sliver 29 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : -23- SLIVER 30 : Beginning at the Northwest corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 908 .28 feet North and 27, 883 . 20 feet West, thence running by azimuths measured clockwise from True South: 1. 650 Ol ' 00" 276 . 90 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 2370 55 ' 00" 109 .27 feet along the same; 3 . 2490 36 ' 00" 169 . 01 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 043 acres . (Refer to Sliver 30 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : SLIVER 31: Beginning at the Northwest corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 006 . 39 feet North and 27, 114 . 08 feet West, thence running by azimuths measured clockwise from True South: 1. Along a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 1390 33 ' 30" 295 . 69 feet; 2 . 590 17 ' 00" 22 . 86 feet along the remainder of Lot 1 of File Plan 2013 ; 3 . 2340 27 ' 00" 16 . 17 feet along the remainder of Lot 1 of File Plan 2013 ; -24- 4 . Along a curve to the right with a radius of 150 . 00 feet, the chord azimuth and distance being: 3170 10 ' 00" 297 . 58 feet; 5 . 390 53 ' 00" 201 . 04 feet along the remainder of Lot 1 of File Plan 2013 ; 6 . 2190 50 ' 00" 194 . 98 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 043 acres . (Refer to Sliver 31 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-8) : SLIVER 32 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10 , 530 . 51 feet North and 27, 586 .45 feet West, thence running by azimuths measured clockwise from True South: 1. 2350 54 ' 00" 341.44 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 250 40 ' 00" 20 . 88 feet along the remainder of Lot 1 of File Plan 2013 ; 3 . Along a curve to the right with a radius of 235 . 00 feet, the chord azimuth and distance being : 460 13 ' 00" 164 . 98 feet; 4 . 660 46 ' 00" 261 . 03 feet along the same; 5 . 24211 26 ' 00" 96 . 20 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of -25- 0 . 224 acres . (Refer to Sliver 32 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM--8) : SLIVER 33 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 255 . 19 feet North and 28, 062 . 39 feet West, thence running by azimuths measured clockwise from True South: 1. 430 51 ' 00" 105 . 54 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 570 ill 00" 652 . 09 feet along the same; 3 . 1170 07 ' 00" 24 . 99 feet along the same; 4 . Along a curve to the right with a radius of 30 . 00 feet, the chord azimuth and distance being : 1810 59 ' 00" 54 . 32 feet; 5 . 246' 51 ' 00" 394 . 21 feet along the remainder of Lot 1 of File Plan 2013 ; 6 . 2350 21 ' 00" 222 . 66 feet along the same; 7 . 2290 22 ' 00" 126 .32 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 .374 acres . (Refer to Sliver 33 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : -26- SLIVER 34 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 084 . 91 feet North and 27, 730 . 50 feet West, thence running by azimuths measured clockwise from True South: 1 . 226" 52 ' 00" 29 . 97 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 250' 49 ' 00" 120 . 58 feet along the same; 3 . 66" 07 ' 00" 148 .47 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 017 acres . (Refer to Sliver 34 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : SLIVER 35 : Beginning within the .center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 016 . 77 feet North and 26, 865 . 65 feet West, thence running by azimuths measured clockwise from True South: 1 . 3370 53 ' 30" 227 . 71 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 730 53 ' 00" 29 . 04 feet along the same; 3 . 1650 13 ' 00" 226 . 53 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 075 acres . (Refer to Sliver 35 as shown on Exhibit "A" . ) -27- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-8) : SLIVER 36 : Beginning at the Northwest corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 546 . 82 feet North and 26 , 742 . 36 feet West, thence running by azimuths measured clockwise from True South: 1. 150 26 ' 00" 42 . 38 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 1830 22 ' 00" 21. 59 feet along the same; 3 . 2070 25 ' 00" 21. 74 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 002 acres . (Refer to Sliver 36 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : SLIVER 37 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 110 . 54 feet North and 26, 890 .39 feet West, thence running by azimuths measured clockwise from True South: 1. 2410 49 ' 00" 129 .38 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 00 05 ' 00" 11.41 feet along the same; 3 . 610 49 ' 00" 126 . 37 feet along the same; -28- 4 . 1650 13 ' 00" 10 .33 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 029 acres . (Refer to Sliver 37 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential. (RM-8) : SLIVER 38 : Beginning at the Southeast corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 , 342 . 82 feet North and 27,472 . 18 feet West, thence running by azimuths measured clockwise from True South: 1. 1091, 10 ' 00" 2 .25 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 232" 00 ' 00" 333 . 59 feet along the same; 3 . 2470 14 ' 00" 515 . 56 feet along the same; 4 . 2770 36 ' 00" 98 . 64 feet along the same; 5 . Along a curve to the left with a radius of 200 . 00 feet, the chord azimuth and distance being : 2700 12 ' 00" 51 . 52 feet; 6 . 82° 48 ' 00" 250 . 95 feet along the remainder of Lot 1 of File Plan 2013 ; 7 . 620 41 ' 00" 501. 88 feet along the same; 8 . 550 34 ' 00" 231. 03 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 366 acres . (Refer to Sliver 38 as shown on Exhibit "A" . ) -29- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-8) : SLIVER 39 : Beginning at the North side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 11, 043 . 78 feet North and 26, 308 . 50 feet West, thence running by azimuths measured clockwise from True South: 1. 2340 06 ' 00" 34 . 62 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 2830 40 ' 00" 290 . 72 feet along the same; 3 . Along a curve to the left with a radius of 400 . 00 feet, the chord azimuth and distance being : 0740 24 ' 38 . 5" 84 .47 feet; 4 . Along a curve to the right with a radius of 150 . 00 feet, the chord azimuth and distance being : 0950 09 ' 30" 135 . 30 feet; 5 . 1210 58 ' 00" 111 .30 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 323 acres . (Refer to Sliver 39 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Multiple Family Residential (RM-8) : SLIVER 40 : Beginning at the North side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 702 . 96 feet North and 25 ,748 . 14 feet West, thence running by azimuths measured clockwise from True South: -30- 1. 2320 10 ' 00" 181. 85 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . Along a curve to the left with a radius of 40 . 00 feet, the chord azimuth and distance being : 2180 02 ' 07. 5" 19 . 53 feet; 3 . 2970 29 ' 00" 7. 50 feet along the same; 4 . 490 08 ' 00" 88 . 18 feet along the same; 5 . 550 29 ' 00" 116 . 30 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 019 acres . (Refer to Sliver 40 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : SLIVER 41: Beginning at the Southeast side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 9 ,422 . 87 feet North and 27, 702 .49 feet West, thence running by azimuths measured clockwise from True South: 1 . 1090 10 ' 00" 4 . 96 feet along the remainder of Lot 1 of File Plan 2013; 2 . 1920 36 ' 00" 79 . 72 feet along the same; 3 . Along a curve to the right with a radius of 485 . 00 feet, the chord azimuth and distance being: 2190 07 ' 00" 433 . 06 feet; 4 . 2450 38 ' 00" 298 . 08 feet along the same; 5 . 2390 35 ' 00" 313 . 54 feet along the same; -31- 6 . Along a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being: 3050 27 ' 19 . 5" 64 . 05 feet; 7 . 940 21 ' 00" 89 .46 feet along the same; 8 . 580 57 ' 30" 250 . 20 feet along the same; 9 . 660 17 ' 00" 309 . 68 feet along the same; 10 . Along a curve to the left with a radius of 480 . 00 feet, the chord azimuth and distance being: 0390 26 ' 30" 433 .47 feet; 11 . 120 36 ' 00" 80 .39 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 193 acres . (Refer to Sliver 41 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : SLIVER 42 : Beginning at the Southeast corner of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10, 098 . 28 feet North and 26, 677.03 feet West, thence running by azimuths measured clockwise from True South: 1. Along a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 2030 27 ' 58" 155 . 85 feet; 2 . 1720 10 ' 00" 64 .41 feet along the remainder of Lot 1 of File Plan 2013 ; -32- 3 . Along a curve to the right with a radius of 150 . 00 feet, the chord azimuth and distance being : 140 27 ' 01" 213 . 53 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 038 acres . (Refer to Sliver 42 as shown on Exhibit "A" . ) The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : SLIVER 43 : Beginning within the center of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10 , 957 . 16 feet North and 26,428 . 16 feet West, thence running by azimuths measured clockwise from True South: 1 . 2340 06 ' 00" 7 .35 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 3490 26 ' 00" 230 . 73 feet along the same; 3 . Along a curve to the right with a radius of 200 . 00 feet, the chord azimuth and distance being : 3580 13 ' 38" 61 . 15 feet; 4 . Along a curve to the left with a radius of 150 . 00 feet, the chord azimuth and distance being : 1710 39 ' 10" 9 . 09 feet; 5 . 1690 55 ' 00" 278 . 95 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 048 acres . (Refer to Sliver 43 as shown on Exhibit "A" . ) -33- The district classification of the following area situated at Waikoloa, South Kohala, Hawaii , shall be Multiple Family Residential (RM-8) : SLIVER 44 : Beginning at the North side of this parcel of land. The coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU HINAI" being 10 , 505 . 99 feet North and 26,497. 78 feet West, thence running by azimuths measured clockwise from True South: 1 . 520 15 ' 00" 46 . 11 feet along the remainder of Lot 1 of File Plan 2013 ; 2 . 1320 14 ' 10" 13 .38 feet along the same; 3 . 2470 28 ' 00" 50 . 19 feet along the remainder of Lot 1 of File Plan 2013 to the point of beginning and containing an area of 0 . 007 acres . (Refer to Sliver 44 as shown on Exhibit "A" . ) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof . SECTION 2 . These changes in district classification are conditioned upon the following : (A) the applicant, successors or its assigns shall comply with all of the stated conditions of approval ; (B) plans for residential development or a portion thereof shall be submitted for plan approval within one year from the effective date of the change of zone and Final Plan Approval secured within one year thereafter . To assure adequate time for Plan Approval review and in accordance with Chapter 25-244 (Zoning Code) , plans shall be submitted a minimum of forty-five (45) days prior to the date by which Plan -34- Approval must be secured; (C) intersection improvements to Queen Kaahumanu Highway, which may include phasing thereof as well as a highway underpass and diamond interchange at the south entrance, shall be installed in a manner meeting with the approval of the Department of Transportation. A Traffic Management Plan shall be approved by the Department of Transportation and approved recommendations implemented. Further, a letter from the Department of Transportation-Highways Division confirming the funding and construction of other on-site and off-site transportation improvements or other means agreed upon, shall be submitted within one year from completion of the Department of Transportation-Highways Division Corridor Study; (D) all roadways within the proposed development shall be constructed in accordance with the requirements of the Department of Public Works . Curbs, gutters and sidewalks may be required to be constructed in areas of likely pedestrian traffic as determined by the Chief Engineer and the Planning Director; (E) a roadway connection to the adjacent property to the north shall be provided meeting with the approval of the Department of Public Works; (F) a drainage system shall be installed meeting with the approval of the Department of Public Works; (G) all residential, commercial and industrial units and uses shall be connected to a sewage treatment plant, public or private, meeting with the approval of the appropriate governmental agencies ; (H) should any unanticipated archaeological sites or -35- features be uncovered during land preparation activities, work within the affected area shall immediately cease and the Planning Department notified. Work within the affected area shall not resume until clearance is obtained from the Planning Department; (I) comply with the requirements of the Department of Education. A letter from the Department of Education confirming compliance and the nature in which compliance has been met shall be submitted prior to issuance of a certificate of occupancy for any of the multi-family residential units; (J) comply with all other applicable laws, rules, regulations and requirements, including those of the Department of Water Supply, Department of Public Works and the Department of Land and Natural Resources; (K) comply with applicable conditions of Ordinance No . 265, as amended, the State Land Use Commission Decision and Order, and SMA Use Permit No . 25, as amended; (L) should the council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein may, at the developer ' s election, be satisfied by performance in accordance with the requirements of the Unified Impact Fees Ordinance; (M) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of this change of zone. The report shall include, but not be limited to, the status of the development and to what extent the conditions of approval are being complied with. This condition shall remain in effect until all -36- of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (N) an extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; 2) granting of the time extension would not be contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i .e. , a condition to be performed within one year may be extended for up to one additional year) ; and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant ' s request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3 . In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -37- SECTION 4 . This ordinance shall take effect upon its approval . INTRODUCED BY: COUNCIL MEMBER, COUNTY Olt HAWAII Hilo, Hawaii Date of Introduction: February 23 , 1994 Date of lst Reading : February 23, 1994 Date of 2nd Reading: March 10, 1994 Effective Date: March 21 , 1994 APPROVED AS TO FORM AND LEGALITY: " i+101'4 CORPORATION COUNSEL MAR 1 7 DATE: -38- �YY OF NAL ROBIN J.YAHIKU ' CONSTANCE R.KIRIU County Clerk Deputy County Clerk BOBBY JEAN LEITHEAD-TODD '' aF�►r` Legislative Auditor OFFICE OF THE COUNTY CLERK County of Hawaii Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 NOTE On Bill No, 197 , Draft 2, Ordinance No . 94--31, reference is made to map attached hereto, marked Exhibit " A " . Said Exhibit is not part of the duplicate copies of this ordinance, due to its size, but is available for viewing in the Office of the County Clerk . If further information is needed, call 961-8255 . L t. R J .?Yahiku COUNTY CLERK