HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-014) B Watson-Kabe i.cm.8.23.22
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
GRETCHEN L WATSON-KABEI
SPECIAL PERMIT APPLICATION NO. PL-SPP-2022-000014
GRETCHEN L WATSON-KABEI is requesting a Special Permit for a home occupation to
allow the use of a portion of an existing farm dwelling as a real estate office on approximately 75
square feet of a larger, 5.16-acre property within the State Land Use Agricultural District. The
subject property is located at 75-1100 Kamalani Street, approximately 0.4 miles east(mauka) of
its intersection with Mamalahoa Highway, Por. Hienaloli 1st-Pua`a 1st, North Kona, Hawaii,
TMK: (3) 7-5-013:050.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a Special Permit to allow a home occupation for a
real estate office establishment within a 75-square foot portion of an existing 2,696-
square foot two (2)bedroom single-family dwelling. The real estate office space will be
used primarily to communicate with clients electronically. In-person meetings will be
conducted at the respective locations of real property interest. Additionally,the requested
space is currently being used to maintain sales and marketing purposes of the applicant's
existing coffee farm operation which is located on the subject property.
2. Purpose of Request: As stated in the application, the current Covid-19 pandemic caused
the applicant an involuntary retirement due to the downsizing of a corporate office where
the applicant conducted business. As a result, the applicant is requesting a Special Permit
to allow a home occupation for the sole purpose of maintaining her real estate brokers
license of 30+years to assist family and friends interested in buying real estate. Further,
it would allow the applicant to transact her real estate business and to operate the coffee
farm business without leaving the property.
3. Staffing/Employees: The private real estate business operation will require no
additional employees or agents.
4. Hours of Operation: The applicant is doing business as a"Buyer's Agent"who assists
family and friends as needed that are interested in purchasing real property. Therefore,
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the anticipated hours of operation may vary from 1-2 hours per week and at most 1-2
transactions per year.
5. Definition of"Home Occupation": According to Section 25-1-5 of the Zoning Code, a
"home occupation" means any activity intended to provide income that is carried on
within a dwelling, within an accessory structure to a dwelling, or on a portion of a
building site used principally for dwelling purposes.
6. Landowner: Gretchen I. Watson-Kabei and Dale S. Kabei.
7. Supportive Information: The applicant has submitted the following in support of the
request: (Planning Department Exhibit 1 — Special Permit Application received May
6, 2022, and Planning Department Exhibit 2 —Additional information received on
June 20, 2022).
DESCRIPTION OF STATE & COUNTY PLANS
8. State Land Use District: Agricultural.
9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important
Agricultural Land.
10. County Zoning: Agricultural (A-5a).
11. Kona Community Development Plan (KCDP): The KCDP, originally adopted by the
Hawaii County Council on September 25, 2008 and most recently amended on
September 18, 2019, identifies the preferred land use pattern for the Kona districts. The
subject property is located outside of the Kona Urban Area and outside of any Rural
Town Areas.
12. Special Management Area (SMA): The Project Area is not located within the SMA and
is located approximately 2.6 miles from the nearest shoreline.
13. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone
Management area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
14. Subject Property: The 5.16-acre subject property is rectangular in shape. It is improved
with an existing, single-story farm dwelling located towards the center of the property
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and related detached structures. The remainder of the property is being used to grow
coffee, fruit trees, and plants native to Hawai'i.
15. Surrounding Land Uses/Zoning: The surrounding properties are similarly zoned A-5a
and are approximately five (5) acres in size. Surrounding land uses are primarily
agricultural and residential, with some vacant undeveloped parcels. The nearest dwelling
is located across Kamalani Street approximately 180 feet to the northwest of the subject
property.
16. Flood Insurance Rate Map (FIRM): Zone"X", determined by FEMA to be an area of
minimal flood hazard.
17. USDA Soil Survey Report: Soils in the subject property are classified Honuaulu
hydrous silt loam, with 2 to 10 percent slopes.
18. Land Study Bureau's Overall Productivity Rating: "C" or"Moderate Productivity".
19. Agricultural Lands of Importance to the State of Hawaii (ALISH): "Unclassified".
20. Flora/Fauna Resources: No professional flora or faunal surveys were conducted as the
proposed use will occur within the existing dwelling and should not have any impact on
the surrounding flora or fauna.
21. Archaeological/Cultural Resources: According to the applicant, no formal
archaeological studies have been done on the subject property. There are no known
historic sites on the property as listed on the State or National Register of Historic Places.
A request for review of the application was sent to the State Historic Preservation
Division (SHPD) on March 4, 2022, as a part of this application process. As of the date of
this writing the Planning Department has not received a response from SHPD. There are
no known valued cultural, historical, or natural resources exist on the property and no
evidence of traditional and customary Native Hawaiian rights being practiced on the site.
22. Public Access: There is no public access to the mountains or the shoreline that runs
through the property.
PUBLIC SERVICES AND FACILITIES
23. Access/Traffic/Parking: The subject property is accessed via Kamalani Street which is
a shared 50-foot-wide access easement that crosses over various properties starting from
Mdmalahoa Highway. The property has sufficient parking to accommodate four(4)
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vehicles, excluding a two (2) car garage. However, according to the applicant,there will
be no increase in traffic as client meetings will occur remotely or at the respective
locations of real property interest.
24. Water: According to the Department of Water Supply (DWS), the subject property is
being served with an existing 1 1/2-inch master water meter and the proposed project is not
expected to generate a significant increase in water demand. Therefore, DWS has no
objection to the requested Home Occupation within the existing dwelling.
25. Wastewater: The subject property is not currently serviced by the County sewer system.
Wastewater for the existing residence is disposed of into an individual private cesspool.
26. Solid Waste: The property owner disposes of their own solid waste.
27. Essential Utilities and Services: Electric and telephone services are available to the
subject property.
28. Police, Fire and Medical Services: Police, fire and medical services are available to the
property.
AGENCY COMMENTS
29. Department of Public Works —Engineering Division (Planning Department Exhibit
3 —July 20, 2022 Memo).
AGENCIES —NO COMMENT/CONCERN
30. Department of Water Supply, Police Department, Fire Department, State Department of
Health, and State Office of Planning.
AGENCIES —NO RESPONSE
31. Department of Environmental Management, Real Property Tax Office, State Land Use
Commission, and State Department of Agriculture.
PUBLIC COMMENTS
32. No public comments have been received as of the date of this writing.
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SPECIAL PERMIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or Print the requested information)
APPLICANT Gretchen I. Watson Kabei
APPLICANT'S SIGNATURE: _ ---- DATE: 3/15/2022
ADDRESS: PO Boa 390688, Keauhou HI 96739
LIST APPLICANT'S INTEREST IF NOT OWNER:
TELEPHONE: (Bus.) 808 345 8142 (Home)— ---(Fax)-------
REQUEST: To operate my real estate business as a sole proprietor from my home.
TAX MAP KEY: 3 7 5 13 50 ---_ ZONING: AG 5A AREA OF PROPERTY/AREA OF REQUESTED USE 75 sq ft
LANDOWNER: same as Applicant
LANDOWNER'S SIGNATURE: DATE:—
(May be by letter)
LANDOWNER'S ADDRESS: mailing: PO Box 390688 Keauhou HI 96739
physical location: 75 1100 Kamalani St,Holualoa HI 96725
AGENT: self
ADDRESS: as noted above
TELEPHONE: (Bus.) 808 345 8142 (Home) (Fax)---- —
Please indicate to whom original correspondence and copies should be sent to:
ORIGINAL—Applicant COPIES: Applicant --
Planning Dept.
Exhibit 1
THIS SPECIAL PERMIT APPLICATION MUST BE ACCOMPANIED BY:
I. A Filing fee of Five Hundred Dollars ($500)payable to the County Director of
Finance
2. An Original (signed) and twenty (20)copies of the completed application form with
attachments;
3. An Original and twenty (20) copies of the following background information
on the subject request:
A. Detailed written description of the proposed use, a statement of objectives
and reasons for the request, including proposed hours of operation and
number of employees/clientele.
B. Description of the subject property in sufficient detail to precisely locate
the property. Describe existing uses, structures and topography. If portion
of property to be used, state use of remainder of property.
C. State/County Plans affecting the subject request: General Plan
designation, Special Management Area and Community Development
Plans.
D. Surrounding zoning and land uses.
E. Flood Insurance Rate Map (FIRM) designation (contact Department of
Public Works - Engineering Division).
F. Archaeological Resources one,of the following):
I. An archaeological inventory report containing significance
assessments, effect determinations, and proposed mitigation
commitments. The report should be completed pursuant to State
Department of Land and Natural Resources Historic Preservation
Division (DLNR-SHPD) rules.
2. A "no effect" letter from the State DLNR Historic Preservation
Division.
3. A copy of a letter written by the applicant to the State DLNR
Historic Preservation Division requesting a "no effect" letter,
including supporting documentation, to which SHPD has not
responded after 30 days (SHPD's time limit under their rules).
G. Floral and Faunal Resources.
H. Valued Cultural Resources: Identify any traditional and customary native
Hawaiian rights that are exercised in the area; the extent in which the
proposed development will affect these rights; and feasible action to be
taken to protect native Hawaiian rights if they exist.
I. Public Access: Existing public access to and along the shoreline or to
mountain areas and knowledge of whether public access is being used.
J. Description of access(es) to the area (e.g. width, type of surface and
condition of roadway). If a private roadway, submit evidence of access
rights.
K. Traffic impacts - assessment of existing traffic conditions, anticipated
increase in traffic and traffic impacts from proposed use (a formal study
may be requested by Department of Public Works or Department of
Transportation during the review process).
L. Availability of Utilities: Water, telephone, electricity, sewage disposal.
4. An Original and twenty (20) copies of how the request meets the following
criteria:
A. The granting of this request would promote the effectiveness and
objectives of Chapter 205, Hawaii Revised Statutes, as amended. Include
discussion on how the proposed use is not contrary to Chapter 205A,
Coastal Zone Management (existing public access, scenic or open space
resources, coastal view planes and coastal ecosystems);
B. The desired use shall not adversely affect the surrounding properties;
C. Such use shall not unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire protection.
D. Unusual conditions, trends, and needs have arisen since the district boundaries and
regulations were established.
E. The land upon which the proposed use is sought is unsuited for the uses permitted
within the district.
F. The proposed use will not substantially alter or change the essential character of the
land and the present use.
G. The proposed use will not be contrary to the goals, policies and standards of the
General Plan and other applicable documents such as community development plans
and design plans. (Note: Copies of the General Plan document and other plans are
available at the Hawaii County Planning Department or at public libraries)
H. The proposed use is an unusual and reasonable use of land, which would not be
contrary to the objectives to be sought by the Land Use Law and Regulations,
which, for the Agricultural and Rural Districts, seeks to preserve or keep lands of
high agricultural potential in agricultural use.
5. An Original and twenty (20) copies of a scale-drawn plot plan of the property showing
property lines and measurements; all existing and proposed structures with elevations,
uses and improvements; and reference points such as roadways, shoreline, etc.
6. One copy of a full-size (2' x Y) scale-drawn plot plan of Item 4 for presentation purposes.
7. A list of the names, addresses and tax map keys of all owners and lessees of record of
surrounding properties who are required to receive notice.
8. Any other plans or additional information relevant to this application may be requested by the
Planning Director to facilitate processing of this request.
PROPOSED USE,STATE OF OBJECTIVES AND REASONS FOR REQUEST FOR SPECIAL PERMIT
Subject Property: TMK 3-7-5-13-050 75-1100 Kamalani Street, Holualoa, HI 96725
Applicant: Gretchen I.Watson-Kabei,Sole Proprietor
3. Background information on the subject request ("Request"):
A. Subject property is a working coffee farm, also known as Watson-Kabei Coffee Estate, LLC
("WKCE") owned by Gretchen I. Watson-Kabei ("Applicant") and Dale S. Kabei (Applicant's husband).
Presently, WKCE maintains an office to assist with the sale and marketing of the coffee farm operation.
Applicant's 'involuntary' retirement as a full-time real estate broker in July 2021 (due to downsizing of
corporate office as a direct result of the COVID-19 Pandemic). As a result thereof,Applicant applied for a
Home Occupation Declaration and Zoning Clearance("Clearance")dated 9/21/2021,for the sole purpose
of maintaining her real estate broker license to assist family and friends interested in buying real estate
and thereby remain active in the real estate business. Said Clearance was subsequently returned on
2/9/2022 as 'not allowed'with the comment:Home Occupation maybe permitted provided that a special
permit is obtained. Per chapter 25-zoning code section 25-5-72(c)8. See Attachment 1 hereto.
Applicant has been an active real estate licensee for the past 30+ years. This Request would allow
Applicant to work from an existing home office (farm business), with zero impact on surrounding
neighbors. Applicant is a sole proprietor real estate broker with no employees. All communication and
business transactions are handled electronically; meetings to view real property are held at the real
property of interest; escrow, including document preparation and execution, are all handled
electronically. More importantly, Applicant does not actively solicit or advertise for real estate business
— Applicant is a 'Buyer's Agent', assisting as needed, friends and family interested in purchasing real
property. Applicant anticipates at the very most, 1-2 transactions per year. Hours of operation vary. . .
at most, 1-2 hours/week
B. Applicant proposes to work from an existing office, presently used for the operation of
WKCE's coffee business. Existing office is located within Applicant's farm dwelling at 75-1100 Kamalani
Street, in Holualoa, Hawaii ("Property"). Subject Property is approximately 5.16 acres with an existing
farm dwelling located in the center of the property. There is sufficient parking to accommodate four
vehicles, excluding a two-car covered garage; however,for the purpose of this Request,Applicant will not
need to use parking for real estate business activity. In addition to the farm dwelling, there is a covered
'Hoshidana' for drying coffee, and an open covered work shed. The remainder of property is for
agricultural use to grow coffee, fruit trees, and plants indigenous to Hawaii. Use of the existing home
office to also transact real estate business from time to time, would allow the continuity of Applicant's
ability to conduct real estate transactions and operate farm business on the coffee farm without leaving
the Property--thereby benefitting all aspects of the business and use of the Subject Property.
C. Subject Property is zoned A-5A, ca. 5.16 acres total and is not in a Special Management
Area. Maintaining an office from home diminishes the need to add to existing Kona traffic congestion.
This Request would not alter or adversely impact the importance of the Subject Property's 'rural'
designation,environment,and/or impact the protection of important agricultural land,as further outlined
in the Kona Community Development Plan, Volume 1, September 2008, Final (as amended).
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D. Subject Property is zoned A-5A and is located just north of Holualoa town. The
neighborhood is a farming community, consisting primarily of coffee farms within the Kona Coffee Belt
farm region. The nearest public roadway to subject property is Mamalahoa Highway 190.
E. Flood Insurance Rate Map (FIRM) is attached as Attachment 2 and shows that subject
property is not in a flood hazard zone. It is designated Zone X.
F. Archaeological Resources. See Attachment 3, No Effect Letter, dated 3/4/2022 to State
DLNR, along with a copy of the USPS tracking receipt.
G. There are no special Floral of Faunal resources that will be impacted.
H. Subject Property was purchased graded and with planted coffee trees, in 2004. Other
than Applicant's own personal native Hawaiian rights practiced on Subject Property, there are no known
Valued Cultural Resources existing at or near this site.
I. Subject property is at the 2000 foot elevation above coastal areas. It is on a private
roadway.
J. Attached is a copy of an Easement Agreement(Attachment 4)allowing ingress and egress
through Subject Property for the sole purposes of gaining access to other properties within the subdivision
known as Hualalai Farms.
K. Subject property will not be adversely impacted by traffic as Applicant has previously
stated the plan is to meet clients at the respective locations of real property interest.
L. Subject property has access to metered electricity, phone, private water(through Hualalai
Farms Community Association) and has an approved cesspool.
4. This Request meets the following criteria, as follows:
A. The granting of this request will have no impact on Coastal Zone Management, nor does
it impact public access, scenic or open space resources, coastal view planes and/or coastal ecosystems.
Subject property is at the 2000' +/-elevation and several miles above the Kona coastal waters.
B. The proposed use will have no (zero) impact on neighboring properties as there will be
no increase in traffic and no signage to be posted. Proposed use would be within the confines of the
Subject Property's existing farm dwelling.
C. The proposed use will likewise have zero impact on public agencies(i.e. roadways,streets,
water, sewers, drainage, or school improvements. Similarly, no impact on police and/or fire protection.
D. Unusual conditions, trends and needs have arisen since the district boundaries and
regulations were established. It is Applicant's opinion that the proposed use of Subject Property since the
onset of the COVID-19 corona virus pandemic, REQUIRES change in a way that would allow employees,
independent contractors, and entrepreneurs to work from home. We are now entering our third year of
dealing with an unrelenting pandemic. And, while mask mandates will soon be lifted—the uncertainty as
to whether we have weathered the storm, remains. Presently, the likelihood of reinstating the mask
mandate is great. Almost two years ago, many State and County departments closed their doors to the
general public; staff employees were allowed to work from home in order to keep our State and County
running.
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On a more personal note, I contracted a viral infection in May 2019 which subsequently compromised my
immune system to the extent that I have now been diagnosed with a 'chronic cough' —a condition that
was not well received in social circles, especially during the onset of the pandemic and prior to the
unilateral shut down of many businesses. Nevertheless, it is my desire to remain socially active, continue
to contribute to the community through Rotary (I am a member of the Rotary Club of Kona— 25 years+)
and continue to be involved in the real estate industry—at the very least, continue to educate myself, and
assist family and friends that want to become homeowners. By working from home, I am more
productive, can work my own hours, and, more importantly, I am able to limit and control my exposure
to potential health hazards.
E. The proposed use will be conducted solely from an office within the farm dwelling. I do
not farm in my office.
F. The proposed use will not alter or change the essential character of the land and its'
present use; in fact, it will have zero impact on work conducted on the coffee farm; the proposed use is
limited to indoors in an existing room designated as an office.
G. The Kona Community Development Plan (KCDP) dated September 8, 2008 (as Amended)
and effective September 18, 2019, proposes and supports more home businesses as a means to limit the
number of vehicles on our already congested roads. For example, Policy LU-2.5:Village Design Guidelines
states: '(T)he intent of the Village Design Guidelines are to do the following: . . . 3. Have residences,
shopping, employment and recreational uses located within close proximity with each otherand efficiently
organized to provide for the daily needs of the residents;. . ."
H. The proposed use,while not unusual, is a reasonable use of the farm dwelling that sits on
the Subject Property and does not diminish the or negate the operation of the agricultural activity(coffee
farming) on the Subject Property.
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Attachment 1
Aloha!
The County of Hawai`i Planning Department has launched its Electronic Processing and Information
Center (EPIC) sytem, which allows applicants to submit applications and payments to the Planning
Department electronically.
What is the EPIC system?
The EPIC system is an electronic submittal system only. What does this mean? EPIC replaces the
process of mailing/dropping off your completed paper application and fee to the Planning Department; it
does not replace the process of filling out the application form. Applicants will still need to download
the appropriate Planning Department application form from our website
www.plannin .hawaiicoun�qv� fill it out, and collect any supporting documents prior to submittal.
How does EPIC affect the application submittal process?
With the launch of the EPIC system, the Planning Department is no longer accepting paper applications.
All application submittals and payments must be completed through EPIC.
I've rilled out the application and collected my supportinz documents. Now what?
• Save your application and documents in PDF form.
• Create your user account in EPIC. Visit www.planning.hawaiicounty�goy and click on the
Electronic Processing and Information Center banner. You will be redirected to EPIC`s
Customer Self-Service (CSS)portal, where you may create a new user account.
• Once your account is created, select the application you wish to apply for. During the submittal
process:
o When prompted to Add Contacts, you may add any person/company as a Contact so long
as that Contact has their own EPIC user account. Contacts will be able to view your
application and any documents associated with your submittal. As some applications may
contain personal financial information, please do not add contacts whom you do not wish
to be able to access this information.
o When prompted to Add Attachments, please upload your PDF file(s).
,Where do I rind out more information about the EPIC system and how to use it?
• How-to videos for navigating the EPIC system are available online.
o Visit www.plannin .hawaiic®unty. ov
o Click on the Electronic Processing and Information Center banner
o On EPIC's welcome page, click Help and scroll through the drop-down menu to view the
list of available how-to videos
• Need more help? Please contact us:
o HILO Main line: (808) 961-8288
o KONA Main line: (808) 323-4770
o Email: ptap in (&,hawaiicount ov
COUNTY OF HAWAI I n
InformationElectronic Processing and
4�1��Y;°`h• ,� County of Hawaii Planning Department
www.hiplanningdept.com • planning@hawaiicounty.gov
East Hawaii Office• 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720
•` "' �"s' Phone(808)961-8288 • Fax(808)961-8742
#�, * Mow•�,*�
err of NNE West Hawaili Office • 74-5044 Ane Keohokalole Hwy • Kailua-Kona,Hawaii 96740
Phone(808)323-4770 • Fax(808)327-3563
HOME OCCUPATION DECLARATION AND ZONING CLEARANCE
Chapter 25 (Zoning Code) allows a HOME OCCUPATION as incidental and subordinate to
the use of a dwelling situated ONLY within the State Land Use URBAN District and within any
County of Hawaii zoning district in which a single family dwelling is permitted, as stated in
Section 25-4-13 (emphases added):
(a) A home occupation shall be permitted as incidental and subordinate to the use of a dwelling
in any district in which a dwelling is located,provided that the home occupation does not
change the character and external appearance of the dwelling.
(b) All home occupations shall comply with the following standards:
(1) The home occupation shall be conducted either entirely within the dwelling or, if outside
the dwelling, the activity shall be screened from public view.
(2)No exterior signs, symbols, displays or advertisements relating to the home occupation
shall be displayed, nor shall any interior signs be visible from the public view.
(3) Any materials, supplies or products relating to the home occupation which are stored
outside of the dwelling or other fully enclosed building shall be screened from the public
view.
(4)Articles sold on the premises shall be limited to those produced by the home occupation,
or to instructional materials pertinent to the home occupation, or to services provided by
the home occupation.
(5) Only one employee shall be permitted in addition to household members under the home
occupation.
(6) A minimum of one parking space shall be provided on the building site in addition to
parking required for the dwelling use or other permitted uses if the home occupation
involves customer or client visits or meetings. The director may require additional
parking spaces where the director finds that such additional parking spaces may be
reasonably necessary to avoid off-site or inappropriate parking locations. Any resident of
a multiple-family dwelling may fulfill the parking requirement by the use of guest
parking with the written approval of the building owner, manager or condominium
association.
(c) A person desiring to engage in a home occupation that involves any of the following
activities, shall file with the director, a declaration in the form designated by the director,
verifying that the home occupation will comply with all of the conditions contained in
subsection(b) and will not involve any of the activities listed under subsection(e):
(1) Frequent customer or client visits;
(2) Frequent deliveries or pickups;
(3) Storage of materials, supplies or products related to the home occupation outside of the
dwelling or other fully enclosed building;
(4) Activities conducted outside of the dwelling; or
(5) Group instruction.
(d) A special permit shall be obtained for any home occupation on a building site that is situated
within either the State land use rural or agricultural district.
(over)
(e) The following activities shall not be permitted as home occupations:
(1) Contractor storage yards, including without limitation, the storage, use, repair or
fabrication of equipment designed or intended for use in land excavation or in the
construction of buildings or other structures or other similar heavy equipment.
(2) Repair, fabrication or painting of automobiles or other motorized vehicles, except those
owned by household members and which are not sold or made available for sale within
one year of such activity regarding any particular vehicle.
(3) Care, treatment or boarding of animals in exchange for money, goods, services or other
consideration.
(4) Any activities and uses which are only permitted in industrial districts.
Penalty for violation is specified in CHAPTER 25 (ZONING CODE), ARTICLE 2
(ADMINISTRATION AND ENFORCEMENT), Division 3. Violations, Penalties, Enforcement,
Sections 25-2-30 through 25-12-36. Section 25-2-35 states in part that violation of Zoning Code
could require violator to "Pay a civil fine not to exceed $500 per day for each day in which the
violation persists." "Fines assessed under this section shall constitute a lien upon the subject
property upon the filing of said lien with the bureau of conveyances."
Proposed Use: to establish a physical place of business for Applicant's real estate office as its'sole employee.
Description Of Operations (Include hours and days of operation, expected number of vehicles, number ofoff-
street parking stalls available, number of students if group instruction, etc. Planning Department may request
additional information):Office is shared with existing office for coffee farm. Hours of operation vary according to demand-on average less
than 5(five)hours weekely;no additional vehicles or off-street parking needed.Most(99%)real estate activity at home office is digitally/electronically.
Clients are met at site location of interest; offers presented electronically; closings are conducted at escrow office.
Declaration: I acknowledge that I have read the above, I will comply with all of the provisions
of the Zoning Code, and I have a copy of this signed Declaration and Zoning Clearance,
Gretchen I. Watson-Kabei �r&ftAtw, wag-m-tube-�
Landowner's Name (please print) Landowner's Signature
Gretchen I. Watson-Kabei �reftA4-tv w&-wn,-!Cabe-,
Operator of Home Occupation (please print) Operator of Home Occupation Signature
Phone number: 808-345-8142 Email: gretle@aloha.net
Date: TMK: 3-7-5-13-50
ZOnint! Clearance (To be completed by Planning Department):
Zoning District: A-5a State Land Use: A
❑ ALLOWED FXI NOT ALLOWED
Comments: Home occupation maybe permitted provided that a special permit is
obtained. Per chapter 25-zoning code section 25-5-72(c)8.
Planning Department Signature: �.C� l�Qiti2 d/7i Date: 2/9/2022
Ilcoh331planninglpubliclForms&ReferencesT-Forms12017 Updated FormsWome Occupation Declaration.doc
Revised 911212017
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BgSEMAP; F IRM BASE MAP j j IJ/ .,.I�A i //1 f rrr
✓// 01,% l i °,,,c, /l/f ff�sq Flood Hazard Assessment Report
www.hawallnflp.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY
4„tr ji THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100-
Flood Zone X Year),also know as the base flood,is the flood that has a 1%chance of
,I it Irrs/ being equaled or exceeded in any given year.SFHAs include Zone A,AE,
AH, AO, V, and VE.The Base Flood Elevation (BFE) is the water surface
elevation of the 1% annual chance flood. Mandatory flood insurance
Property Information Notes: purchase applies in these zones:
COUNTY: HAWAII Zone A:No BFE determined.
TMK NO: (3)7-5-013:050 Zone AE:BFE determined.
WATERSHED: WAIAHA
PARCEL ADDRESS: 75-1100 KAMALANI ST Zone
BFE AH:Flood depthsof 1 to 3 feet(usually areas of ponding);
HOLUALOA,HI 96725
Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on
Flood Hazard Information sloping terrain);average depths determined.
FIRM INDEX DATE: SEPTEMBER 29,2017 I Zone V:Coastal flood zone with velocity hazard(wave action);
LETTER OF MAP CHANGE(S): NONE no BFE determined.
FEMA FIRM PANEL: 1551660739E Zone VE:Coastal flood zone with velocity hazard(wave action);
BFE determined.
PANEL EFFECTIVE DATE: SEPTEMBER 29,2017
Zone AEF: Floodway areas in Zone AE. The floodway is the
channel of stream plus any adjacent floodplain areas that must
be kept free of encroachment so that the 1% annual chance
flood can be carried without increasing the BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk
THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities.
THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of D.2%annual chance flood;areas of
FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot
or with drainage areas less than 1 square mile; and areas
protected by levees from 1%annual chance flood.
" ' Zone X:Areas determined to be outside the 0.2%annual chance
0 200 400 ft floodplain.
piersRrneercaure Ha r�ana (r„tr Department of Land and Natural Resources' (DLNR)as urne�s no responsibility ulr 0g from
y p f any inforrr!rx'ti'on contained in'thi5 report, Vieviier lUseri dare OTHER FLOOD AREAS
f on and agree to dnrderrrrrpfy'the'Y)(..NYf,its cyfficews,anderrrp(oy
r'PSp7GPl2S%.:e lYR"verifying the accuracy O' the 1n
eesfroin any liiabilityenhic(romay as,n/rorn its u5eo,�ltr data orin arinatmn. Zone D: Unstudied areas where flood hazards are undeter-
mined, but flooding is possible. No mandatory flood insurance
if this map Fads been identified as'TI5d[:C.JIY IJAIAR Y,plewM e note that its is being provided for k)formononoa purposes purchase apply,but coverage is available in participating commu-
�, f d y floodplrarrr awna,gerfor,flooct rr„ �ranr dce'terrrrr'eroa-- pities.
rfrf r'.�>not to be used'rr'loaaal irx�'crrranc'e rrthne FA.unta':rct raarr rc:rarrnty
hoes to be used for cor'npliancp with foc(. floodp lain NnrdFPGyenien'f regulations.
ATTACHMENT#3
Ibilla 808-345-814
March 4, 2022
State DLNR Historic Preservation Division
40 Po'okela Street
Hilo, Hawaii 96720 -via USPS flat rate tracking mail-
RE: No Effect Letter Request for TMK: 3-7-5-13-050
75-1100 Kamalani Street, Holualoa, HI 96725
Aloha,
My husband, Dale S. Kabei, and I, Gretchen I. Watson-Kabei, have owned the above-referenced property (zoned
A 5-A) since 2004. Upon acquiring the property, the land already contained a fully planted coffee tree orchard,
both 'mauka' and 'makai' of the entrance. The area in the center of the property had previously been graded for
a future farm dwelling. Our farm dwelling was completed in November 2005 and we have resided on the property
since completion. My husband has been farming the property since late 2004. A review of the survey and
disclosures made at the time of purchase did not reveal any area of concern. Similarly,there were no archeological
features of interest (i.e., structure or agricultural rock formations (kua'iwi) over fifty years, burial site(s), etc.)
existing or visible on this fully planted coffee farm. An archeological study at this point in time would not, in my
opinion, be a prudent use of resources.
I was furloughed from my position as a real estate broker for a large vacation ownership/developer company
(after 32 years) at the onset of the COVID 19 pandemic and subsequently'involuntarily' retired in July 2021. It is
my desire to continue to maintain my real estate broker status primarily to remain actively informed in the real
estate industry in Hawaii and to assist family and friends who may be interested in purchasing real estate.
However, due to the pandemic, any and all real estate transactions have been and will continue to be conducted
electronically, and online, with face-to-face meetings on site at the place of interest, not at an office.
The purpose of this correspondence is to request a "No Effect Letter," as it is my desire to work at home, where
we already maintain a small office to run our coffee business. I presently work with my husband on the coffee
farm. However,to conduct my real estate activities from home, I applied for a Home Occupation Declaration and
Zoning Clearance in September 2021; and on 2/9/2022, 1 was informed that"Home occupation may be permitted
provided that a special permit is obtained, per Chapter 25-zoning code section 25-5-72(c)B." I am now applying
for the Special Permit to conduct my real estate activity within our farm dwelling. All real estate business will be
conducted remotely, online, and clients will be met at the place of interest. I do not advertise and/or solicit for
real estate business. I have no employees and do not meet clients on our property.
Mahalo Nui Loa,
Gretchen I. Watson-Kabei, R, GRI
Sole Proprietor
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Cut on dotted line.
Instructions Click-N-Ship® Label Record
1. Each Click-N-Ship®label is unique. Labels are to be USPS TRACKING#:
used as printed and used only once. DO NOT PHOTO COPY OR ALTER LABEL. 9405 5036 9930 0183 0785 50
Trans.
Priority Mail®Postage: $8.95
Date: 5579980
2. Place your label so it does not wrap around the edge of Print Date: 03/03/2022 22 Total: $8.95
the package. Ship Date: 03/04/2022
Expected
Delivery Date: 03/08/2022
3.Adhere your label to the package. A self-adhesive label
is recommended. If tape or glue is used,DO NOT TAPE
OVER BARCODE. Be sure all edges are secure. From: GRETCHEN I WATSON-KABEI
WATSON-KABEI COFFEE ESTATE LLC
4.To mail your package with PC Postage®,you PO BOX 390688
may schedule a Package Pickup online,hand to KEAUHOU HI 96739-0688
your letter carrier,take to a Post Office TM,or
drop in a USPS collection box.
To: STATE DLNR HISTORIC PRESERVATION DIVISION
5. Mail your package on the"Ship Date"you 40 POOKELA ST
selected when creating this label. HILO HI 96720-5113
"Retail Pricing Priority Mail rates apply. There is no fee for USPS Tracking®service
on Priority Mail service with use of this electronic rate shipping label.Refunds for
unused postage paid labels can be requested online 30 days from the print date.
UNIT T Thank you for shipping with the United States Postal Service!
Check the status of your shipment on the LISPS Tracking®page at usps.com
i
of Attathmdnt 4
CG
RECORDATION REQUESTED BY: STATF Ot ��tR,�y►I
THE GUARANTY ESCRM SWE CFS, INC.
AFTER RECORDATION, RETUonI*t 61506
��t �y ¢ e : i
TmE GUARANTY ESC4 S"fMES, MG. 11(j i, 15622
P. O. Boa iv37 .w:
Ksllw-K , +i� w+;; 96740 a c r'"" �
" "R..K
RETUP.N BY: ( ) MAIL ( ) PICKUP
WATER SYSTEM, ROADWAY AND UTILITY EASEMENT AGREEMENT
Agreement made this _3_ th. day of June
19_BQ_, by and between McMAHON REALTY, INC. and SPALDINn REALTY,
INC., both registered Hawaii corporations, whose principal
place of business are 75-5719 AM Drive, Suites 117 and 118,
Kailua-Kona, Hawaii 96740, respectively, and FLOYD GERALD BLOSS
and LYLA ELAINE BLOSS, whose principal address is 1102 Hunakai
Street, Honolulu, Hawaii, or their successor in interest
HUALALAI (ARMS COMMUNITY ASSOCIATION, a Hawaii non-profit
corporation, whose principal place of business is 75-5719 AM
Drive, Suite 117 and 118, Kailua-Kona, Hawaii 96740, hereinafter
referred to as 'Developer', and LAk'RFNCE F. SCHNELL and
DONNA KA£ SCHNELL, husband and wife,
whose residence and post office address is 190 Cornwallis
Drive, N.M. , Calgary, Alberta, T2K 1v2, Canada,
purchaser of
Lot 6 , Hualalai Farms Subdivision, Unit I North Kona,
„i Hawaii, hereinafter referred to as 'Purchaser."
a
H I T N E S S E T S
15622 282
Whereas, Developer has created and constructed a private
water system for the benefit and use of all of those Lots located
in Rualalai Farms SuMivision, Units I and II, North Kona,
Hawaii; and
Whereas, all lot owners in Rualalai !arms Subdivision,
Units I and II, have the absolute and irrevocable right to
receive such water as they require for constmption and use
on their lots in said Subdivision contingent only on the
obligation of such let owners to pay for such water as they
may use or consume, and on the obligation of such owners to
pay their proportionate share of the cost of the ssaintenance
of the said water systems and utilities easements as set forth
herein and further, on their obligation to purchase and
install a water muter to meter all water frow the said water
r
system used or consumed on this lot; anA
Whereas, the Developer has conveyed or will convey to
Purchaser Lot 6 T of Nualalsi Farms Subdivision, Unit I
Worth Kona, Hawaii, hereinafter referred to as the Lots and
Whereas, all lots in nualalai Farms Subdivision, together
with those other lands which may now or in the future be
identified in Exhibit A attached hereto and incorporated
herein by this reference, or such amended Exhibit A as may be
attached in the future will jointly have access over that
certain roadway more particularly described in Exhibit S
attached hereto and by this reference incorporated herein as
though fully set forth, and they shall further make joint use
of the utilities easements also more particularly described
in Exhibit N attached hereto and by this reference incorporated
herein as though fully set forth; and
-2-
^8&
N:lareas, the Purchaser, the caner of the lot set
forth in Exhibit A, if any, and their permittees will he
jointly using the water system, roadway, and the utilities
easement for their mutual benefit and in this connection
they hews agreed to bear t_h'ir proportionate share of the
costs of the operation and maintenance of such water
6"tes, cmm= roadway and utilities easement as set
forth in this agreement=
now, therefore, in consideration of the foregoing,
the Developer and the undersigned lot purchasers and
purchasers of land described in Exhibit A, do hereby agree
as followsi
1. Developers or their successors in interest
Rualalai Parma Commmity Association and all of the owners
of the lots in Rualalai farms and the owners of land des-
cribed in Exhibit A, if any, hereinafter referred to as
•Easesent Owners•, agree as part of the purchase price of
a lot in Rualalai Earls Subdivision or in consideration of
the Developers' granting the Purchaser access to the water
spstoo and an interest in or an easement over the roadway
described in Exhibit a or the utilities easement described
in Exhibit B to bind themselves to the terms and
conditions of this Agrewnt for the benefit of the
Developer* or its successor in interest, Rualalai !arms
Community Association, and for the benefit of all of the
other purchasers of lots in Nualslai Farms Subdivision or
the properties described in Exhibit A, if any, and all
such parsons shall be deemed easement owners.
2. The use of the water system, the roadway and
atilitt" easement described in Exhibit S hereof,
referral to as "the easwnts•, will be limited to the
Developers, easement owners, their successors and assigns
-3-
��5z? 284
and their pernitt"s. This Agreement will be appurtenant
to the prMer described as Rualalai Caries Subdivision
and the praparty described in Exhibit A, if any, and in
the event that the Purchaser or the holder any such lot or
property shall sell his interest in the future, any and
all oonveyance shall convey an undivided interest in the
roadway and utility easement parcels together with all
rights in this hgremmnt, including but not limited to
access to the water system. The purchaser of a Lot in
Nualalai Farms Subdivision and the owner of any property
described in Exhibit A also covenant that in the event of
the resale of his Lot or property, the buyer of his Lot or
property will be required to assume all of the obligations
and duties of the purchaser or Lot owner herein with
respect to the repair, maintenance, and use of the water
cystan, the roadway and utility easement.
3. Each Lot owner, the owners of properties des-
cribed in Exhibit A, if any, the Developer and its
successor in interest, the Rualalai ?arms Community
Association, will be responsible for the costs of main-
taining the water system, the roadway and utility
easeseents in a condition similar to the condition of said
water system, roadway and utility easements upon the
e�plotion of the improvements contemplated by the
Developer on a pro rate basis. These improvm rants consist
of a twenty-foot wide asphalt paved roadway suitable to
access by passenger automobiles and such improvements as
may be required for water service to the various lots and
other property. The lot owners and property owners
described in Exhibit A, if any, will not be required to
make contributions for improvements to the roadway over
and above the standards set forth herein without their
consent.
rrr-
�
a. T%!e l:ht Hers, ri!e4"�y �%nd t±t i l ity eat !nt
owners and holders and the Developers and their successor
in interest, the Rualalat Ears Community Association,
will bear their pro rats share of the maintenance costs
set out herein. That pro rats share will be equal to the
total cost of maintenance and repair divided by the number
of lots having the right to use the water system, the
roadway and utility easeeeitts improvements regardless of
whether or not the roadway or utility easement owner or
holder or the developer or their successor in interest,
the Rualalai Farms Community Association, has ever had
actual usage of the roadway) provided, however, that the
Developer and their successor in interest, the Bualalai
Farms Community Association, shall only be responsible for
a pro rat& share in the gent that they or either of them
acquire or hold one or more lots in the Bualalai Farms
Subdivision or any of the properties set forth in Exhibit
A. In the event that any person or entity acquires more
than one lot with rights to use the water systems, roadway
or utility easements, his pro rats share of maintenance
and repair costp, will be correspondingly increased. the
maintenance cost* will include the actual costs of repairs
necessary to maintain the water system, roadway and
utilities ease"nts in their original condition] the costs
of all taxes, assessments and charges on account of the
ownership of the water system, the roadway or utilities
easements and the cost of accounting, billing, and
collection of amounts owing by users. Under no circan-
stances will the pro rats share of the maintenance and
repair costs allocable to any lot in Bualalai Farms
Subdivision exceed 1!51st of the total cost of said rsin-
tenance or repairs. In the event that any owner of a lot
,»rh 15 6 2? 286
in Mmla!ai tams Subdivision subdivides his lot and
convevs the resulting lots, each additional lot owner
resulting from the subdivision stall execute a copy of
this Agreement and be responsible for a full share of the
cost of rater system, roadway and utilities easement
maintenance and repairs.
S. The Developers may, at any time and in their sale
discretion, burden the water system and easements set
forth herein by extending roadways or utility lines into
new or existing subdivisions thereby increasing the amount
of water used or the traffic or other use of said
easements without the consent of the Hualalai Farms
Community Association or its successors or assigns, or any
of the purchasers or holders of lots in the Hualalai Pares
subdivision or lots described in Exhibit he if any, as
such exhibit may be from time to time asondedl provided
only that aneh ettensior or extensions are at no cost to
the Aualalai Parma C xmntty Association or the holder of
any lot in Hualalai Farms Subdivision or any lot described
in Exhibit A, if any, and provided that such extension or
extensions do not reduce the quantity of water available
to the Hualalai Farms Subdivision, Unit i and II below the
standards establishad by the County of Hawaii and further
provided that the holder of any lot in said existing or
new subdivision executes an agreement requiring that said
holder pay a pro rat& share of the cost of the maintenance
of the rater system and all easements described herein and
a pro rata share of any roadway maintenance fund
established in accordance with Paragraph t hereof, In
consideration for the reservation of said discretionn unto
Developer, Developer promises that if or when they
exercise said discretion and burden the easew nts met
-S-
i
15622 297
forth herein by extending them to lots in mm or existing
evoiivi61ars, thsp will pay the cost of any modifications
or additions required for the water system an4 will pay
the scar of FTIM IMIMRM DOLLARS M00.001 into the roadway
maintenance fund for each lot added to or taking advantage
of said easements or their extensions. Developers shall
bo entitlad, h rwaver, to a credit fir all as ereviously
paid into the 'Road Maintenance escrow fund.•
6. In the event that 601 or more of the purchasers
of Hualalai farms Subdivision or the owners of properties
described in Exhibit A, if any, elect to dedicate the
roadway to the County of Hawaii, the purchaser and owners
of lots described in Exhibit A, if any, agree to join in
the dedication of the roadway lot and the improvements to
the County of Hawaii, provided that the purchaser and
holders of properties described in exhibit A, if any, are
released from all obligations thereunder. The purchaser
and holders of properties listed in Exhibit A shall remain
liable for assessments accrued prior to to dedication.
The Developer, its successor in interest, Rualalai farms
Commmunity Association, the purchasers of lots in Hualalai
Forms Subdivision and the owners of lots described in
Exhibit A agree that they will not in any way act to
prevent the free usage of the roadway easement or the
utilities easement by other roadway and utilities easement
owners or the Developer or the Hualalai farms Community
Association or person using the roadway or tha utilities
easement with the permission of the other roadway easement
owners and ,utilities easement owners.
7. The purchaser of lots in Hualalai Farms Sub-
, g
�V division and the owners of parcels described in Exhibit A,
}
f! any, agree to indemnify and hold harmless the Develooe:
-7-
n
i, _.. .......,._.mww....,�...�� � . .rwnnmwmrvmMenr mrn�re.^emrommnrommrn
rvmrMnD, AwANI mmM➢r nr, ss,.wm "" �'
ar , 15622 288
and its successor in interest, the Aualalai pares
Community Association, and all other roadway lot owners or
utilities easement owners or users for any injury or
damage suffered by the purchaser or the owner of lots
described in Exhibit A, if any, or their permittees or any
other persons, arising from the ownership, control,
repair, maintenance, or use of the water system, of the
roadway or the utilities easement and the roadway lot.
A. The holders of all lots in the Hualalai pares
Subdivision and all lots described in Exhibit A agree that
the board of Directors of the Bualalai pares Community
Association shall establish a roadway maintenance fund in
an amount agreed to by said Hoard. The pro rate share of
said fund shall be an assessment against each lot referred
to herein and a lien against each lot. The said assess-
ment shall he due and payable within forty-five (43) days
alter written demand and payment may be enforced in
accordance with the provisions hereinafter set forth.
Said fund may be increased or decreased from time to time
in the sole discretion of said Board and payment of any
ants r*quir••i bocause of an increase in said fund shall
be doe and payable and enforceable in the saws manner as
the original assessment set forth herein. The roadway
maintenance fund provided for herein shall be deemed a
'special assessment' and it shall be in addition to the
'Reqular Annual Assessments' provided for in the by-Laws
of the Rualslat Farms Compunity Association.
!. The purchaser, together with all other lot pur-
chasers in Aualalai Farms Subdivision, shall be meters of
the Ruelalai pares Community Association. The Rualalai
Farms Costmunity Assn—elation shall be go"rnpA by ay-Lms
W be adopted by the Board of Directors of said Assects-
f
tion which. By-Leve shall not abridge any of the rights of
7
the pur,&amorn as eet forth in this Agreement. The
Rualalai rands CcWWunity Association will be responsible
for initiating repairs, maintaining the water system and
the roadway and notifying all purchasers of the amount of
individual assessments for the maintenance and repairs of
the grater system, roadway or utilities easements. The
Rualalai *arms Community Association shall also be respon-
sible for coordinating maintenance and repairs with the
holders of properties described in Exhibit A and for the
collection of assessments for such maintenance and
rwpa irs.
10. Any of the roadway or utilities easements owners
or easement holders or the Developer or the Rualalai Farms
Cossrunity Association may seek to enforce this Agreement
in any court of the State of Hawaii having jurisdiction
over the subject matter. In the event that any lot owner
!ails to pay an assessment within forty-fine (451 days
alter mailing of the notice of the assessment, an addi-
tional amount of one percent (11k) per month will be
assessed from the date the assessment notice was sailed.
In the event that suit is brought to enforce the collec-
tion of an assessment or for foreclosure of an assessment
lien, the _prevailinq party shall be entitled to receive
reasonable attorney's lees. For the purpose of deter-
mining whether or not notice has been sailed, all owners
of lots in Rualalai *arms subdivision will be deemed to
have notion when the notice is deposited in the U.S. pest
office addressed to the purchaser at the above address or
to the last address furnished to the hassamnars associa-
!F tion
by the purchaser, Any lien provided for hereunder
may be enforced by snit for money judgment or wwy be
foreclosed by the Developer or its successors or assigns
Yr r irnyrr;
15622 290
In the same spanner as a real ritate mortgage my be fore-
closed as set forth in Chapter 667 aM Section 501-118 of
Hawaii Revised Statutes as the same is now or may here-
after be amended.
11. This Agreement shall be binding on the
Developer, its successor in interest, the Rualalai Farms
Community Association, the purchaser, the owners of all
property described in Exhibit A and all other persons
signing similar agreements for the Rualalai Faros Sub-
division, and the lot purchaser and owners of property
described in Exhibit A and easement holders shall have a
beneficial interest in all such agreements whether such
agreements are executed prior to the date on this Agree-
m nt, contemporaneous with this Agreement, or subsequent
to this Agreement. The duties and obligations sat out
herein are intended to benefit all persons who have signed
similar agreements, and any such person stray bring an
action for damaaes or for injunction, whether mandatory or
restraining, against any other signatory to a similar
agreement, for Rualalai Farms Subdivision or the property
described in Exhibit A. The Aualalai Faris Coateunity
Association shall have the right to commonce and pursue
any action hereunder in the name of the Rualalai Farms
Ccvmmo ity Association for the benefit of any signator to
an agrasent contemplated herein and the prevailinq party
In any such action shall be entitled to reasonable
attorneys fees.
12. Any lien arising free the non-paymont of any
sums required heroin shall be s0erdin4te to the interest
of any first mortgage of record of any Lot which is
•1�- .
15622 291
vlmmect to the iion f
y
VITSD at 1 G-�t e ' mavaii, "As Q9k day of
198Q.
wDEVELOPER` MCMARON REALTY, INC.,
a Hawaii corporation
t N IS VE E Mc . .HON, President
SPALDING REALTY, INC. ,
a Hawaii corporation
w.
f ES Sty SPALDING, Pr7ald«�
! �I ,
�7'1,7 NE' LOSS"
O PURCpASERW
LAWRENCE F. SCHNELL
' DONNA MAE SCHNELL®older =
ascD D it A'
g,�g 7
a.
ti
15622 292
CITY Am ! -r or la p-ty }
on thi fay of �— , 1990, before N
=pgl redrMNCiS VBALE N who by aye my sworn, did say
tnat he is the President of McKAHON R&ALTY, INC., a Hawaii
corporation, and that the seal affixed to the foregoing
lnetrument is the corporate seal of said corporation and
that said instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors, and the
said President acknowledged said instrument to be the fres
act and deed of said corporation.
Woibcv Pub'-ic, T+ Judic a
Circuit,Itate of
My cosyaion expiress a
1—
STATE or QAKAI2 }
} SSs
CM AND COUNTY OF HAWAII }
On this�Z day of 1980, before r.
appeared JAMES S41- 'T SP .^.+it AL ., who ty ;u1y sworn, did may
that he is the President of SPALD , INC., a Hawaii
corporation, and that the seal affixed to the foregoing
instrument is the corporate seal of said corporation and
that said instrument was signed and sealed in behalf of said
corporation by authority of its Board of Directors, and the
said President acknowledged said instrument to be the free
act and deed of said corporation.
3 �-
at a ry uD1"i c f wi;j 'lei} C a`T
Circa , State of�t:avai i
ission expiress a-A,
STAIR or AANAII
SSs
CITT AND COUNTY Or ROMOLOLO }
On this A7-41M of 1910, before r
appeared rLCYD ""CRRiLD 1lLOSS, ss x±tA,T to be the person
described in and who executed' the fozeScring instrument and
acknowledged to as that he executed the same as his tree act
and deed.
f,s, l;ircuit, stets of ti&*I&
toy commission expiress
-12-
15522 293
ass or MWM I }
) $31
C near: or =Pwxco }
on this .274day of . 19900 before we
jopaardA LYLA EtAINk BLOSS, t tc---In to he the person
descries in and wtv *cecuted the foregoing instrument and
acknowledged to me that she executed the sass as her free
act and deed.
otary Pnbltc, udicial
Circuit, State of Hawaii
Bey coeaisszor. expires: Air
SlATB of R�lt/Af2 }
} gg=
cot"" or nWAII }
On this dap of . 1980, before r
appeared �, to me Tnown to be the person
described in anI who executed the foregoing instrument and
acknowledged to see that 4s)he executed the same as hie/her
free act and deed.
"ot a ry Publ c. Th rrdM Cal
Circuit, State of Hawaii
My commission expires:
O'PAZO o! NAWAYI }
8$t
OOon-IV OF BAIMIZ i
on this day of , 1980, before we
appeared , to me known to be the person
described an c weaeuted the foregoing instrument and
acknowledged to as that W he executed the sans as his/her
free act and deed.
ggt;ry MM FUR Jac a�1
Circuit, State of Hawaii
My commission expires&
sl
tsCW}k a 15522 294
C-OuAt%j Ot war; ��-
• of
the United States of America atf�ilrt
duly emolssioned and qualified, do hereby certify that on this
day of11 — ram, 1981, before Ole personall appeared
AV17 , , Z-.
to se personally known, end known to he to be the Individuals described
In, whose names are subscribed to, and who executed the annexed
Instrument, and being informed by we of the contents of said Instrument,
they duly acknowledged to me that they executed the some freely and
voluntarily for the uses and purposes therein mentioned.
In witness whereof I have hereunto
set ■y hand and official seal the
day and year last above Y:3t!en.
- of the
United State of America.
1 �2z 295
xvrT *A*
VM Ot ETHIEIT "A•
TBTT -a% l 5 6 2 2 2 9 8
TAIr'K EASEMr" 1
Being a portion of:
Lot 1 of Rualalai Farms, Unit it and
Grant 980 to S. Haanio.
Reginninq at the Easternmost corner of this
Basement, being also a point on the Southwesterly side of
Easement 1 (Section 1) , the coordinates of said point of
beginning referred to Government Survey Trisnqulation Station
•KATLUA (NORTH KERIDTAN) ' being 1,71S.SS feet North and
14,146.82 feet East and running by azimuths measured
clockwise from True South:
1. S40 00• 50.00 feet along the remainder
of Lot 1 to a point;
2. 1440 00' 50.00 feet alonq the remainder of
Lot 1 to a point;
3. 2340 00' 50.00 feet along the remainder of
Lot 1 to a point]
4. 3240 000 50.00 feet along the remainder
of Lot 1 to the point of
beginninq and containing
an area of u.05: Acre.
TM: 7-5-13: Portion 11
1562? 297
TANK EASEK.vT 2
For Water Tank and Pipeline Purposes
Being portion of:
Lot 6 of Hualalai Farms, Unit I=
Grant 980 to S. Raanio; end
Royal Patent 1930 to Asa Thurston, Land Commission Award
387, Part 4, Section 2, No. I to the American
Board of Commissioner* for Foreign Missions.
Beginning at the northwesterly corner of this Easement,
being also a point on the Southerly side of Easement 1, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station 'KAILUA (NORTH MERIDiAN) " being
2,073.87 feet north and 16,264.31 feet East and running by
azimuths r+easured clockwise from True South:
1. 2540 251 50.00 feet along Easement 1 and
along the remainder of
Lot 6 to a point;
2. 3660 2S' 50.00 feet along the remainder of
Lot 6 to a points
3. 740 25' 50.00 feet along the remainder
of Lot 6 to a point
6. 261' 259 SO.00 feet along the remainder of
Lot 6 to the point of
beginning and containing an
area of 0.057 Acre.
rat 7-S-13: Portion 11
15622 298
TANK FA . . 3
for Hater Tanis ! Pipeline rUrposes
Being portions of:
Lot 18 of Rualalai Farms, Unit ip and
Grant 990 to S. Raanio.
Beginning at the Northwesterly corner of Lot 18, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station `RAILUA (NORTH MERIDIAN " being
2,599.3S feet North and 180350.55 feet East and running by
asiouthe measured clockwise from 'True South, as follows:
3390 00' 22• for 23.91 feet along Lot 17 of this subdivision
to a points thence, following along the remainder of Lot 18
on a curve to the left with a radius of 325.00 feet, the
� chord azimuth and distance being: 2500 50' 221 for 26.53 feet
to a points and 2490 30' for 7.46 feet to the True point of
beginning and running as follows:
1. 2490 30' 50.00 feet along the Southerly
side of Easement 1 and along
the remainder of Lot 18 to
a point:
2. 3380 300 50.00 feet along the remainder of
Lot 18 to a point;
3. 600 300 S0.00 feet along the remainder of
Lot 18 to a point]
4. isle 30• 50.00 feet along the remnainder
of Lot 18 to the True point
of beginning and containing
an area of 0.057 Acre.
l�y�ny,
t
7MIt s 7-S-13 s portion 11
?A IR ZASrP[ ff 4
?or Rater Tank and Pipeline Purposes
seiaq Portians of:
Lat 29 of Avalalai Par", Unit it and
Land Comission Award 7716, Apena 5 to R.
Weliikolani.
Beginning at the Southeasterly corner of this Ea3erent,
being also the Southeasterly corner of Lot 28, the coordinates
of said point of beginninq referred to Government survey
Triangulation Station 'KAILUA (NORTH MERIDIAN) ' being 3,455.43
feet North and 20,183.34 feet East and running by azimuths
wasured clockwise from True South:
1. 79' 31' 10' 35.00 feet along Lot 26 of this
subdivision to a point;
2. 168' 310 10' 45.00 feet along the Easterly end
of Easemrnt 5 and along the
remainder of Lot 28 to a
Point;
3. 2500 319 10' 61.98 feet along the remainder
of Lot 28 to a point;
4. 3570 20' 45.54 feet along Government Lana
at Honuaula to the point
of beginning and containing
an area of 0.060 Acre.
TM: 7-5-1]: portion 21
a
FASEYcrr 1
(50-Ft. Wide)
For Access and Utility Purposes
Land situated on the Easterly side of Ftamalahoa Highway, at Hienaloli arc
and 4th, North Kona, County of Hawaii. Hawaii.
being portions of:
Lots 1 thru 13, inclusive and Lots 16 thru 22, inclusive, of
Hualalai Farms, Unit 1;
Crant 980 to S. Haanio; and
Royal Patent 1930 to Asa Thurston, Land Commission Award 397, Part
4, Section 2, No. 1 to the American Board of Commissioners for
Foreign Missions.
Beginning at the Northwesterly corner of this Easement, being also the
Northwesterly corner of Lot 1 of this subdivision and on the Easterly side of
Mlamalahoa Highway, the coordinates of said point of beginning referred to
Government Survey Triangulation Station OKAILUA (NORTH MERIDIAN) " being
1,906. 34 feet North and 13,793.94 feet East and running by astimuths measured
clockwise from True South:
1. 2970 41' 0.34 feet along Lot 2 and along Lard Commission
Award 7716, Apana 5 to R. Keliikolani to a
points
2. 2500 24' 37.41 feet along Lot 2 and along Land Commission
Award 7716, Apana 5 to R. Keliikolani to a
points
3. 2430 294 23.79 feet along Lot 2 and along Land Commission
Award 7716, Apana 5 to R. Keliikelani to a
point;
d
4. 2610 141 29.07 feet along the remainder of Lot 1 of this
subdivision to a point;
i E
Page I of 4
g
r
wrS THOMAS & ASSOCIATFS, INC. r
ww 9cl�.tx*a • o+Cl+.>�lauwf twSts • f+�,►�E�
il-tAEl L A-4 • .rirwk Lk U.?l av%U .*At9
15622 301
Shene=s following along the remainder of Lot 1 of this subdivision on a
curve to the right with a radius of 200.00
feet, the chord azimuth and distance being#
S. 2680 029 234.36 feet to a point;
6. 324• 00' 173.79 feet along the remainder of Lot 1 of this
subdivision to a mint;
Thence, following along the remainder of Lot 1 of this subdivision on a
curve to the left with a radius of 150.00
feet, the chord azimuth and distance being#
7. 2790 00' 212.11 feat to a point;
S. 2340 00' 31.12 feet along the remainder of Lot 1 of this
subdivision to a point;
Thence, following along the remainder of Lot 1 of this subdivision on a
curve to the right with a radius of 200.00
feet, the chord azimuth and distance beings
9. 247• 72' 92.47 feet to a point;
0. 260• 44' 846.06 feet along the remainders of Lots 1, 2 and
4 of this subdivision to a points
z
Thence, following along the remainder of Lot 4 cif this subdivision on a �
curve to the left with a radius of 275.00feet
�I. 2S7• 34• 10• 30.3Q feet,toha pointsrd
azimuth and distance bein9sii
12. 2S4' 2S' 1,901.12 feet along the remainders of Lots 4, 3, 7,
8, 10, 9 and 13 of this subdivision to a
Points
Thence, following along the remainder of Lot 13 of this subdivision on a
curve to the right with a radius of 325.00 �
feet, the chord
ll. 2560 29, OS' 21.27 feet toa point1asisnuth and distance beings
s
14. 2S8• 31' 100 1,098.17 feet along the remainders of Lots 13 and
16 of this subdivision to a points
t
Thence, following along the remainder of Lot 16 of this subdivision on a
curve to the left with a radius of 27S.00
feet, the chord azimuth and distance being: €
1R. 2S60 13' 460 21.99 feet to a point;
Thence, following along the reminder of Lot 19 of this subdivision on a
curve to the left with a radius of 275.00
feet, the chord azimuth and distance being: r
16. 25l• 13• 11• 26.10 feet to a point;
Page 2 of 4 r
AYES ' IMMAS At ASIROCIATER- . INC. r
•i+Fis • A�ts,tINM114M�tfil�il� • E�t�lE4� p' "
MAN
15�22 �Ot
17. 2400 30, 963.91 feet along the remainders of Lots 19, 20
and 21 of this subdivision to a pointt
Is. 3180 49, 45' 26.55 feet along Lot 25 of this subdivision to a
point;
19. 3420 30' 25.06 feet along Lot 25 of this subdivision to a
point;
20. 680 304 971.11 feet along the remainders of Lots 22 and 11
of this subdivision to a point;
Thence, fallowing along the remainder of Lot 18 of this subdivision on a
curve to the right with a radius of 325.00
feet, the chord azimuth and distance being;
21 . 700 SO' 22' 26.53 feet to a point;
Thence, following along the remainder of Lot 17 of this subdivision on a
curve to the right with a radius of 325.00
feet, the chord azimuth and distance beingo
22. 750 50' 57` 30.28 feet to a point;
23. 780 314 10' 1,092.17 feet alonq the remainders of Lots 17 and 12
of this subdivision to a point;
Thence, following along the remainder of Lot 12 of this subdivision on a
curve to the left with a radius of 275.00
feet, the chord azimuth and distance beings
24. 760 29, 05' 19.69 feet to a pointt
25. 74• 25' 1,901.12 feet along the rescinders of Lots 12, 11,
6 and 5 of this subdivision to a point;
Thence, following along the remainder of Lot S of this subdivision on a
curve to the right with a radius of 325.00
feet, the chord azimuth and distance beingc
26. 770 34' 30' 35.91 feet to a point;
27. s0• 44, 946.06 feet along the remainders of Lots 5 and 1
of this subdivision to a point;
Thence. following along the remainder of Lot 1 of this subdivision on a
curve to the left with a radius of 1S4.00
feet, the chord azimuth and distance beings
28. 67' 22' 64.35 feet to a pointt
29. 340 00' 31.12 feet along the re"inder of Lot 1 of this
subdivision to a point;
Page 3 of 4
%%TS T"OCAS & A.QSO IATES, INC.
W�•dffi . ��cic;aa�►�os•g . E�F�ni
-i�� r Y1t4 � i:.. . i iiiFl __.,mSa � i, . v®"�'� N I) .an.B.".°_ •.a��a
m�
Thence, following along the remainder of Lot 1 of this subdivision on a
curve to the right with a radius of 200.00
feet, the chord azimuth and distance being:
30. 99• 00' 292.04 feet to a point;
31. 1446 00' 173.78 foot alona the remainder of Lot 1 of this
subdivision to a point;
Thence, following along the remainder of Lot 1 of this subdivision on a
m
curve to the left with a radius of 350.00
feet, the chord azimuth and distance being:
32. 1000 08, 175.77 feet to a point!
33. 72• 16' 38.33 feet along the remainder of Lot 1 of this
subdivision to a point;
Thence, following along the remainder of Lot 1 of this subdivision on a
curve to the left with a radius of 30.00
feet, the chord azimuth and distanca being:
34. 220 53' 30" 45.54 feet to a point;
35. 153' 31' 29.92 feet along the Easterly side of Mamalahoa
Highway to a point;
36. 144• 004 57.90 feet along the Easterly aide of Mamalahoa
Highway to the point of beginning and
3. containing an area of 6.651 Acres.
�� ��tws�t�t•. �•.
1"fllwww '�� ICES THOMA5 i ASSOCIATES, M.
t�
�erna
�C�71lA-Awl
s �
by .3.- Chrystal D. Thomas
Registered Professional Land Surveyor.
State of Hawaii Certificate No. LS4:i31
75-5722 Kalawa Street
Kailua-!cone, Hawaii 96740
5^ptertbrr 11. 1919
TVK: 7-5-13: Portions 11 and 18
,
Pace 4 of 4
WES TIMM AS do ASSOC-YATES. INC.
4+.1�'V4*C�*+1 s ��flC,AILlJeMi16Ti714.15 o Rld�+htlf.C7'x'3
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15622 304
P
n EASEMENT 2
(50-Ft. Wide)
For Access and Utility Purposes
Land situated approximately 4,000 feet Easterly of Mamalahoa Highway, at
Ilienaloli 3rd and 4th, North Iona, County of Hawaii, Hawaii.
Being portions of:
Lots 12 and 17 of Hualalai Farms, Unit I;
Grant 9a0 to S. Itaanio; and
Royal Patent 1930 to Asa Thurston, Land Commission Award 307, Part
4, Section 2, No. 1 to the American Board of Commissioners for
Foreign Missions.
Beginning at the centerline point on the Southerly side of this Easement,
being also a point on the Northerly boundary of Lot 2 of Land Court Application
1760 (Map 1) , the coordinates of said point of beginning referred to Government
Survey Triangulation Station -ICAiLUA (NORTH MERIDIAN) " being 2,143.26 feet
North and 17, 071 .09 feet East and running by a2itnuths measured clockwise from
True South#
1. 78• 31, 10" 25. 35 feet along Lot 2 of Land Court Application
1160 (map 1) to a point;
2. 1590 00' 22" 305.71 feet along the remainder of Lot 12 of this
subdivision to a point]
Thence, following along the remainder of Lot 12 of this subdivision on a
curve to the left with a radius of 30.00
feet, the chord azimuth and distance beings
3. live 4S' 46- 38.76 feet to a points
4, 7*80 31S 100 50.74 f"t along the Southerly side of wasaamt
1 and along the remainder of Lot 12 of
this subdivision to a point#
5. 256• 31' 10* 60.80 feet along the Southerly side of Easement
1 and along rite remainder of L.3t 17 of
this subdivisicj, to a point;
ha4+e 1 of 2
NVES THOMAS & rAFFOCIA7FC, INC.
�JrM\Cl'zS • 1-►KfiC.CniNsA'.�TRRST> s EMitNEEpS
f
15522 305
Thence, following along the remainder of Lot 17 of this subdivision on a
curve to the left with a radius of 30.00
feet, the chord azimuth and distaneo beings
6. 289 4S4 460 45.60 feet to a puint;
7. 339' 00' 220 295.65 feet along the remainder of Lot 17 of this
subdivision to a point;
Q. 780 31, 10" 25. 3S feet along Lot 2 of Land Court Application
1760 Wap 1) to the point of beginning and
containing an area of 0.390 Acre.
c,�'',r'rMIS"=�"tiQ•� WES THOMAS a ASSOCIATES, INC.
M.4331 A
�y ;,,� N' Chrystal D. Thonas
�-�l1 U.S� RoOstered Professional Land Surveyor
State of Hawaii Certificate No. I.S4331
7S-S722 Kalawa Street
Kailua-Kona, Hawaii 96740
September 11, 1979
TMK; 7-5.13: Portion 11
a
f
r
s
Pages s Cs 2
W S THOMAS & ASSOCIATFS, INVC. !
s�i,arrttoAs . o..o��su�ttrr,�•s . t�a+w_�s ?
15622 306
EASEMENT 3
(50-Ft. Wide)
For Access and Utility_ Purposes
Land situated approximately 4,000 feet Easterly of Mamalahoa Highway, at
llienaloli 2nd and 3rd, North Kona, County of itawaii, Pawaii.
Being portions of:
Lots 13 thru 16, inclusive, of Hualalai Farms, Unit Is
Land Commission Award 7716, Apana 5 to R. Keliikolanis and
Grant 980 to S. linanio.
Beginning at the center of the cul de sac of this Easement, being also !
the Southeasterly corner of Lot 14 and the Southwesterly corner of Lot 15 of
this subdivision, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN) ' being
2,851.93 feet North and 17,691.34 feet East and running by azimuths measured
clockwise from True South, thence running 176. 14' for 45.00 feet to the True
Point of beginnings
Thence, following along the remainder of Lot 15 of this subdivision on a
curve to the right with a radius of 45.00
feet, the chord azimuth and distance beings ,
1. 3070 26' ISO 59.29 feet to a point;
Thence, following along the remainder of Lot 16 of this subdivision on a
curve to the right with a radius of 45.00
feet, the chord azimuth and distance beings
x'. 90 51' 02.5' 32.56 feet to a point;
Thence, following along the rominder of Lot 16 of this subdivision on a
curve to the left with a radius of 45.00
feet, the chord azimuth and distance beings :
3. 11` 3S` 17.S' 30,00 feet to a point=
4. 3S29 071 264 .33 feet along the remainder of Lot 16 of this `
subdivision to a point; i
1 .
Paqe 1 of 2
WES 7 AIAS & ASSOCIATFS, INC.
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Ali a.: os �Q��eik-•'� i�ass��l ii e�ililM� 1 low
15622 307
Thence, following along the remainder of Lot 16 of this subdivision on a
curve to the left with a radius of 30.00
feet, the chord azimuth and distance being:
S. 30S• 19• OS` 43.74 feet to a print;
6. 799 319 100 57.00 feet along the Northerly side of Easement
1 and along the remainder of Lot 16 of this
subdivision to a point;
7. 790 319 10' S3.22 feet along the Northerly side of Easement
1 and along the remainder of Lot 13 o= this
subdivision to a point;
Thence, following along the remainder of Lot 23 of this subdivision on a
curve to the left with a radius of 30.00
feet, the chord azimuth and distance being:
•. 21S9 19' OS" 41.07 feet to a point;
to 1720 07' 271.2S feet along the remainder of Lot 13 of this
subdivision to a point;
Thencr, following along the remainder of Lot 13 of this subdivision on a
curve to the left with a radius of 30.00
feet, the chord azimuth and distance being]
13. 1520 391 42.S" 30.00 fact to a point=
Thence, following along the remainder of Lot 13 of this subdivision on a
curve to the right with a radius of 45.00
feet, the chord azimuth and distance beings�
11. 1S06 S4% 27.50 27.41 feet to a pointy
Thence, following along the remainder of Lot 14 of this subdivision on a
curve to the right With a radius of 45.00
feet, the chord azimuth and distance being
11
12. 2170 269 IS" 67.71 feet to the True Point of beginning and
containing an area of 0.515 Acre.
0 WES THOMS i ASSOCIAT'ES, Inc.
L ".$
iF LAPW
do
g• Chrysta1 D. Theme
` Registered professional Land Surveyor
State of Hawaii Certificate No. LS4331
7S•S722 Kalawa Street
Kaf l a-•Kona, Hawaii 96740
beptembor 11, 1979
7-15-13: Portion* 11 and 12
'-age 2 of 2
Y
WES THOMAS & ASSOCTATES, INC.
o . ��stz 3a�
EASEMENT 4
150-Ft. Hide)
For Access and Utility Purposes
Lased situated approximately 5,800 feet Easterly of Mamalahoa Highway, at
Hienaloli 2nd, 3rd and 4th, Worth Mona, County of Hawaii. Hawaii.
Being portions of:
Lots 21 thru 2R, ineiusive, of ltualalai ?arms, Unit is
Land Commission Award 7716, Dana 5 to R. Keliikolanil
Grant 980 to S. Haanios and
Royal Patent 1930 to Asa Thurston, Land Commission Award 397, Part
4, Section 2 . No. 1 to the American Board of Commissioners for
Foreign Missions.
Beginning at the center-line point on the Southerly side of this
r
Easement, beinq also a point on the Northerly boundary of Lot 2 of Land Court
^ Application 1760 (Map 1) . the coordinatex of said point of beginning referred
I ' to CovernuRnt Survey Triangulation Station "KAILVA (NOM MERIDIAW being
2,461.7o toot north and 19,439.03 feet East are running by azimuths measured
clockwise from True South:
1. 700 31' 10" 25.14 feet along Lot 2 of Land Court Application
1760 (Map 1) to a points
2. 1629 30' 466.69 feet along the remainder of Lot 22 of this
subdivision to a points
t
"wnceY followinq aloaq the remainder of Lot 22 of this subdivision on a
curve to the left with a radius of 30.00
feet, the chard azimuth and distance being:
3. 1150 300 43,86 feet to a points g
4. 2490 300 57.23 feet alonq the Soatherly side of Easement
1 and alohq the remainder of Lot 22 of
this subdivision tc a point;
!t. 1020 30• 2S.06 feet along Lot 22 of this subdivision to a K
point:
rt
P4ge I of 2
!VIES THE MAS & ARSOCIATEfi, INC.
8~Tcdm * 0
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__ .._
is�zz �o�
1 6. 139-i 49' 4S' 26.SS feet along Lot 21 of this subdivision to a
e paint;
7. 00 30• $9.13 feet along the 'Northerly side of Easement
1 and along the remainder of Lot 21 of
this subdivision to a point;
x
Thenco, following a:ony the remainder of Lot 21 of this subdivision an a
curve to the left with a radius of 30.00
feet, the chord azimuth and distance being:
6. 1930 39, 52.S' 49.05 feet to a point;
9. 138• 49, 00 65S.38 feet along the remainder of Lot 21 of this
subdivision to a point;
10. 2S60 209 29.19 feet along Government Land at Aienaloli let
to a point;
11. 2560 20' 29.19 feet along Government Land at Bienaloli 1st
to a points
12. 3180 49' 45• 644.5S feet along the remainders of Lots 27, 28,
26 and 25 of this subdivision to a point;
Thence, following along the remainder of Lot 25 of this subdivision on a
curve to the right with a radius of 325.00
feet, the point;
and distance being;
13. 330• 394 S2.5" 133.32 feet to a .14. 342• 30' 4U8.06 feet along the remainders of hots 2S, 24
and 23 of this subdivision to a point;
15. 780 31, 10" 2S.14 feet along Lot 2 of Land Court Application
1760 (Map 1) to the point of beginning and )
t containing an area of 1.119 Acrtwo.
D.
WES THOMAS i ASSOCIATES, INC. : 8
N&ant
Chrystal D. Thomas
s 4h%ft �yPr Registered Profeasional Land Survtyor
State of Hawaii Certificate No. LS4331
5-5722 Valawa Street
ailua-Kona, Hawaii 96740
opt*mber 12, 1979
r
r.: 7-5-13s Pottiors 11 and 12
Page 2 of 2
WES TTIMMAS & ASSOCIATES, INC.
SUWAVOft . PwntoGRaaw€tOWS . 1060VAC s
15622 310
EASEl*,r?-rT 5
(20-Ft. Wide)
Po= ACCess and Utility Purposes
Land situated approximately S0800 feet Easterly of Manalahoa Highway, at
lfienalolt 2nd, north Kona, County of Hawaii, Hawaii.
Being portions oft
Lot 28 of Rualalsi Farts, Unit I; and
Land Camission Award 7716, Apana 5 to R. Keliikolani.
Beginning at the Northwesterly corner of this Easement# being also the
Northwesterly corner of Lot 20, the coordinates of said point of beginning
referred to Government Survey Triangulation Station `KAILUA (NOTMI MERIDIAN)•
Wing 3,215.07 feet Worth and 19,061.96 feet Last and running by azimuths
teasured clockwise from True southt
1. 216• 37' 77.5S feet along Lot 27 of this subdivision to a
point;
2. � 2600 1S' S40.00 feet along Lot 27 of this subdivision to a
point;
3. 2590 31' 100 536.46 feet along the remainder of Lot 28 to a
point;
6. 3480 31' 100 20.00 feet along the ftsterly side of Tank
Easement 4 and along the remaindee of Lot
28 to a point;
k
S. 720 311 100 S92.31 feet along Lot 26 of this =-Wivision to a
point
i�. sd• fS' 669.37 feet along Lot 26 of this subdivision to a
points
Payer 1 of 2
WES THOMAS & ASSOCIATES, INC.
WKt�KJe3 • PIQiQ(r1N��:+.ArEtWFT� • f�.MilEf�
,,-A
1��22 3II
Thence, following along Lot 26 of this subdivision on a curve to the left
With a radius of 50.00 feet, the chord
azimuth and distance being:
7. W 41, 37.57 feet.to a point;
5. 366 376 S3.42 feet along Lot 26 of this subdivision to a
Point;
9. 1390 49, 4se 20.46 feet along Lot 21 of this subdivision to
the point of beginning and containing an
s ���.t O r 0 area of 0.507 Acre.
Z
f V We #A WES THOMAS i ASSOCIATES, INC.
TO .c.0 !� i� 1
Chrystal D. Thomas
Registered Professional Lard Surveyor
State of Hawaii Certificate No. LS4331
IS-S722 Malava,street
tailua-Mona, Hawaii 96740
ieptember 11, 1979
ri4x: 7-5-13; Portion 12
e
e
Pays 2 of 2
F.'1'S T"1 0MAS & ASSAW'IATTS, FVC.
15822 312
ra►s e
ISO-Ft. Wide)
For Access and Utility Purposes
Land situated approximately 1,900 fast Easterly of Mas}alaboa Highway, at
Nienaloli lth, North Bona, County of Hawaii. Hawaii.
Being portions of,
lots S and i of Hualalai Fangs, Unit is and
Royal Patent 1930 to Asa Thurston, Land Commiesion Award 307, part
1, Section 2, No. 1 to the American board of Commissioners for
Foreign Missions,
Beginning at the conterline point on the Southerly side of this Easement,
being also a point on the Northerly boundary of Lot 2 of Land Court Application
1760 (map Do, the coordinates of said point of beginning referred to Covornment
Survey Trianqulation Station "RAILUA (tOMM MERIDIAN)• being 1,722.37 feet
North and 15,774.SS feet East and running by azimuths measured clockwise from
r l true South,
1. 000 2S.00 feet along Lot 2 of Land Court Application
1760 (Map 1) to a points
2. 1709 46* 179.31 feet along the remainder of Lot S of this
subdivision to a points
Zhenes, following along the remainder of Lot S of this subdivision on a
curve to the left with a radius of 3C.00
feet, the chord azimuth and distance beinq:
1. 1220 31' 300 64.70 feet to a points
6. MIS 23', SIM feet along the Southerly side of Easgmont 1
and along the remainder of Lot S of this
subdivision to a points
S. 2S6• 25, S2.01 feet along the Southerly side of Easement 1
and along the remainder of Lot 6 of this
subdivision to a points
1 .
M ,
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tr
1
A
ieaasar�cerEEM
s
l�i6�2 3I3
Thence, following along the remainder of Lot 6 of this
subdivision on a curve to the left
with a radius of 30.00 feet, the
chord azimuth and distance being
6. 32' 341 30w 40.02 feet to a points
7, 3SO* 440 191.49 feet along the remainder of Lot 6
of this subdivision to a point;
9. 90' 44t 25.00 feet along Lot 2 of Land Court
Application 1760 ([dap 1) to the
point of beginning and containing
an area of 0.261 Acre.
TMETRER WITH AND SUBJECT TO: `
All those certain Easements 1, 2, 3, 4 and S as shown on
Map 2 filed in the Office of the Assistant Registrar
of the Land Court of the State of Hawaii with Land Court
-Application No. 1760 of Kenneth Makinney, as noted on
Transfer Certificate of Title No. 225,071 issued to
Spalding Realty, Inc. and McMahon Realty. Inc., both
Hawaii corporations.
i'
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I'f1D OF EXHIBIt "B'
Page 2 of 2
COUNTY OF HAWAI`I
PLANNING DEPARTMENT
Requirement to Inform Surrounding Property Owners and Lessees
of Contested Case Procedure
These requirements are prepared in accordance with the Planning Commission's Rules of
Practice and Procedure, Rule 4, Contested Case Procedure, effective April 19, 2010. Rule 4,
Contested Case Procedure affects "all cases where the action of the Commission is the final
action of a County official or agency, prior to the opportunity for appeal to Circuit Court,
whenever it is required. It shall therefore be followed in all cases where statutes provide for
direct appeal from the Commission to Circuit Court." Applications affected by Rule 4 include
Special Permits, Shoreline Setback Variances, Special Management Area (SMA) Use Permits
and Use Permits.
First Notice
Within(10) days after the Planning Department or Planning Commission has officially
acknowledged receipt of your application, you are required to serve notice of your application on
surrounding property owners and lessees of record, in accordance with the Hawaii County
Zoning Code, Section 25 - 2 - 4.
Second Notice
,Shecial PerrrritAl)l)lications. You are required to serve a second notice to surrounding owners
and lessees of record within ten(10) days after receiving notice from the director of the date of
the scheduled hearing but not less than ten(10) days prior to the date of the scheduled hearing.
:Shoreline :Setback f"cirionce Ahhlicotions: You are required to serve a second notice within ten
(10) days after receiving notice from the director of the date of the scheduled hearing but not less
than ten(10) clays prior to the date of the scheduled hearing.
MIA Uve Permit Ahhlieations: You are required to serve a second notice within ten (10) days
after receiving notice from the director of the date of the scheduled hearing but not less than
twenty (20) clays prior to the date of the scheduled hearing.
Usve Permit Ahhlications. You are required to serve a second notice within ten (10) clays after
receiving notice from the director of the date of the scheduled hearing but not less than ten (10)
days prior to the date of the scheduled hearing.
Both notices shall include the following information:
1. Name of the applicant;
2. Precise location of the property involved, including tax map key identification,
location map and site plan;
3. Nature of the application and the proposed use of the property;
4. Date on which the application was filed with the director or the commission;
5. Inform the landowner and lessee that they have a right to submit a written request
for a contested case procedure. Should they seek to intervene as a party, they
shall file a written request on the attached form, "Petition for Standing in
Contested Case Hearing." You should include this form in both notices to the
landowners and lessees. The request shall be filed with the Planning Commission
at Aupun t Center, 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720; and
accompanied by a filing fee of$200 payable to the Director of Finance. The
required information shall be submitted no later than seven (7) calendar days,
prior to the Commission's first scheduled public hearing to consider the
application;
6. Inform the landowner and lessee that should they choose not to submit a written
request for a contested case procedure, they may express their support/opposition
in writing or by oral testimony at the Planning Commission public hearing to be
scheduled; and
7. Planning Department mailing address and phone number should there be any
questions.
In addition, the second notice shall include the date, time and place that the scheduled public
hearing will be held to consider the application.
l"ho Should Be Notified?
When the subject property is located within the State Land Use Urban or Rural District, notice
shall be served to owners and lessees of record of all lots within three hundred feet(300') of the
perimeter boundary of the subject property.
When the subject property is located within the State Land Use Agricultural District, notice shall
be served to owners and lessees of record of all lots within five hundred feet (500') of the
perimeter boundary of the subject property. Except that if the surrounding properties are located
within either the State Land Use Urban or Rural District, notice shall be served to owners and
lessees of record of all lots within three hundred feet(300) of the perimeter boundary of the
subject property.
Data available from the Real Property Tax division of the Department of Finance shall be
utilized in determining the names and addresses of the affected owners and lessees of record.
The applicant shall also provide notice to such other owners and lessees of record when the
applicant has actual knowledge of such names or as informed by the Planning Director or
Planning Commission.
Proof of service for the first notice and second notice shall be submitted to the Planning Director
or Planning Commission prior to the date of public hearing. Proof of service may consist of
certified mail receipts, affidavits, declarations or the like. The list of names, addresses and tax
map keys of those individuals notified and one copy of the first and second notification letter
shall also be submitted.
Should you have any questions, please contact the Planning Department at 961-8288 or 327-
3510.
Updated 8.9 10
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page I of 2)
NAME:
ADDRESS:
....................................................................................................................................................................................................................................................................................................................................................................................................
PHONE NO.:
APPLICANT/
DOCKET NO.:
A. Is your interest in this matter clearly distinguishable from that of the general public?
Yes No
If the answer is "yes", please explain:
If the answer is "no", please explain how the proposed action will nevertheless cause you
actual or threatened injury:
B. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
Yes No
If the answer is "yes", please explain the nature of the agency's jurisdiction:
C. Do you lawfully reside on or have some property interest in the land involved in the
subject request?
Yes No
If the answer is "yes", please explain:
Appendix A
PETITION FOR STANDING IN A CONTESTED CASE HEARING
(Page 2 of 2)
D. Are you a person or persons descended from native Hawaiians who inhabited the
Hawaiian Islands prior to 1778, who practiced those rights which were customarily and
traditionally exercised for subsistence, cultural, or religious purposes?
Yes No
If the answer is "yes", please submit any genealogical evidence and historical evidence
showing the exercise of those rights to support your statement:
Petitioner's Signature
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of 20 , before me personally appeared
, to me known to be the person described in and who executed
the foregoing instrument, and acknowledged that he executed the same as his free act and deed.
Notary Public, State of Hawaii
My commission expires:
Appendix A
POSTING OF SIGNS FOR PUBLIC NOTIFICATION
In accordance with Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-12, Hawaii
County Code 1983 (2005 Edition) and/or Planning Commission Rules of Practice and Procedure,
within ten (10) days of being notified of the acceptance of an application, the applicant shall post
a sign on the subject property notifying the public of the following:
1. The nature of the application;
2. The proposed use of the property;
3. The size of the property;
4. The tax map key(s) of the property;
5. That the public may contact the Planning Department for additional information;
and
6. The address and telephone number of the Planning Department.
The sign shall be not less than nine square feet and not more than twelve square feet in area, with
letters not less than one inch high. No pictures, drawings, or promotional materials shall be
permitted on the sign.
The sign shall be posted at or near the property boundary adjacent to a public road bordering the
property and shall be readable from said public road. If more than one public road borders the
property, the applicant shall post the sign to be visible from the more heavily traveled public
road.
The sign shall, in all other respects, be in compliance with Chapter 3 (Signs), Hawaii County
Code 1983 (2005 edition).
The applicant shall file an affidavit with the Planning Department not more than five (5) days
after posting the sign stating that a sign has been posted, and that the applicant will not remove
the sign until the application has been granted, denied, or withdrawn. A photograph of the sign
in place shall accompany the affidavit.
The sign shall remain posted until the application has been granted, denied, or withdrawn. The
applicant shall remove the sign promptly after such action.
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAI I
DATE: July 20, 2022
w4wel"449M
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2022-000014)
Applicant: Gretchen I. Watson-Kabei
Request: To Allow a Real Estate Establishment Within an Existing
Dwelling as a Home Occupation
TM K: 7-5-013.050
We have reviewed the subject request forwarded by your memo dated June 22, 2022 and
provide the following:
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
(FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500-year floodplain.
We have no other comments since the request is to use an existing office and there are
no open violations associated with this property.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dept.
Exhibit 3
County of Hawaii is an Equal Opportunity Provider and Employer