HomeMy WebLinkAbout2023-01-13 ACK LTR FOR CHARLES A. ANDERSON TRUST (PL-CCH-2023-009_PL-SPP-2022-018_PL-SMA-2022-018) Mitchell D.Roth d$•'s'�f f„i!►? Zendo Kern
Mayor �digf Director
Lee E.Lord Jeffrey W.Darrow
Managing Director :� * Deputy Director
T�OF.HIiI
West Hawaii Office East Hawaii Office
74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
January 13, 2023
Edmund Haitsuka via email
Haitsuka Degele LLP
75-1000 Henry Street, Suite 208
Kailua-Kona, HI 96740
Dear Mr. Haitsuka:
Special Permit Application No. PL-SPP-2022-000018
Special Management Area Use Permit Application No. PL-SMA-2022-000018
Applicant: Ahu Pohaku Ho`omaluhia, LLC (Formerly Robert Watkins and Jean
Sunderland)
Subject: Acknowledgment of Petition for Standing in a Contested Case Hearing
(PL-CCH-2023-000009)
Tax Man Key: (3) 5-4-009:014,Hanaula and Hononueo, North Kohala,Hawaii
This is to acknowledge receipt on January 11, 2023, of the Petition for Standing in a Contested
Case Hearing that you filed with the Planning Department for Charles A. Anderson, Trustee of
the Charles A. Anderson Trust dated January 19, 1995. The petition will be forwarded to the
Leeward Planning Commission for their consideration.
The hearing on this matter, among others,will be held beginning at 9:30 a.m. on Thursday,
January 19, 2023, at the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane
Keohokalole Highway, Kailua-Kona, Hawaii. Your presence will be required at the hearing to
respond to questions that the Leeward Planning Commission may have regarding the petition for
standing.
Please refer to Planning Commission Rules of Practice and Procedure, Rule 4 (Contested Case
Hearing Procedure) for information about the contested case process. The rules can be found on
the Planning Department website at: https://www.planning.hawaiicountygov/about-us/boards-
committees/planning-commission-applications
www.planning.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer planning cghawaiicounty.gov
Edmund Haitsuka
Haitsuka Degele LLP
January 13, 2023
Page 2
If you have any questions, please feel free to contact Maija Jackson at 808-961-8159.
Sincerely,
t ZgYL�U GV. 09/9VVG 7/ 1'-
Jeff�W.Da ow for(Jan 13,2023 10:1 HST)
ZENDO KERN
Planning Director
JMA.j as
\\coh01\planning\public\wpwin60\Jessica\Letters\Anderson-PL-SPP-2022-000018-PL-SMA-2022-000018-
AckRe c e iptForConte ste dCas ePetition.do c
cc w/copy of petition: Leeward Planning Commission via e-mail
Charles A. Anderson via e-mail
Sinclair Salas-Ferguson, Esq., Deputy Corporation Counsel via e-mail
Jean Campbell, Esq., Deputy Corporation Counsel via e-mail
Sidney Fuke, Planning Consultant, for Ahu Pohaku Ho`omaluhia, LLC
via e-mail
Jean Sunderland, Ahu Pohaku Ho`omaluhia, LLC via email
I
i
a
tPage t of 2)
WAME: Charles A.An&tson,7ruitee of the Cisarles A.Anderson Trust dated-January 19,1995
ADDRESS: y Q,U2: 367 - ---
PAa nju.HI 4fi776
APPLICANT/ '
DDC'nT NO,: PL-SMA-2022.000018&PL-SPP-2022-000018 �
A. Is your interest in this matler clearly distingulahable from dint of the general public?
Yes x No-
If I lie answer is "yea",please explain'
F
Ptlj i4 3 GS- -0 • 5 im Lly ad aeent3s l�npli�ani s F
io ert TMK 3 5-4.009-9 34 and Pet iU ner'§-proRerty shares certain easements For access
�Fd ut ty urooses with trX'§proyertya},d rather properties. r �.
If Me answer is"no",please explain how the proposed action will neverthalois cause you
actual or ftt<atened injury:
13. Are you a government agency whose jurisdiction includes the land involved in the
subject request?
Yes No x
If the answer is"yes",please explain die nature of the agency's jurisdiction:
nla
C. Do you lawfully realde on or have some property interest in the land 'involved in the
subject request?
Yes No x
If the answer is"yes",please explain:
rtira
(Page F of x)
D. Are You a pemon or persons descended froru native Hawaiians who inhabited the:
Hawaiian Islands prior to 1778,who practiced thane rights v WCh WM eustonzarily 811d
traditionally exemAsed for subsistence,cultural,orreliglous purposes?
If the answer is"yes", please submit any genealogical evidence and historical evidence
showing the exeroise of those rights to support your statement:
Na
II p tittar 's Signature
STATE OF 14AWAH y
y SS.
COUNTY 4F HAW AR }
On dig tl-!\ day of N(ranu , 20_a,before me personally appeared Charles A.Anderson,
1'nisrce of the Charles A. nderso " ru to me latown to be the person described iu and who executed
the foregoing instrument,and acknowledged that lie executed the sarne ae his free act and deed,
:,�MxAR :p= Notary Public,State of Hawaii-
* 18 z9o�;* DESIREE M.IKEDA
�y 01 LkC-..-"I-
My commission expires,__..�PiRA L1Q����24x 2026
G
. f R423 STATE OF HAWAII
�r BUREAU FCONVEYANCES
RECO
AUG 16,2010 01:00 PM
DOc NO(s)2010-118382
!sI NICKI PSON
REGISTRAR
If11�11f1�11��l 111 11 m
CONVEYANCE TAX:$1.00
20 113 Ze
U\Nj
LAND COURT REGULAR SYSTEM
Return By Mail F--j Pick-Up [::] To:
CHARLES A. ANDERSON AND LISA L. ANDERSON
Post Office Box 367
Paauilo,Hawaii 96776 TOTAL NUMBER OF PAGES: 18
TITLE OF DOCUMENT:
WARRANTY DEED
PARTIES TO DOCUMENT:
l
GRANTOR: AHU POHAKU HO'OMALUHIA LLC,a Hawaii limited liability company.
whose mailing address is Post Office Box 189, Hawi, Hawaii 96719,JEAN M.
SUNDERLAND and ROBERT R. WATKINS,and DAEMION A.WATKINS
and LIA W.WATKINS,aka LI'A WAILANI WATKINS,as Co-Trustees of the
WatkinslSunderland Family Trust,dated January la, 1991,whose mailing
address is Post Office Box 189, Hawi,Hawaii 96719,and CHARLES ALAN
ANDERSON and LISA LANDRY ANDERSON, husband and wife,whose
mailing address is Post Office Box 367,Paauilo,Hawaii 96776
i
GRANTEE: CHARLES A. ANDERSON,Trustee of that certain unrecorded Charles A.
Anderson Trust dated January 19, 1995, whose mailing address is Post
Office Box 367, Paauilo, Hawaii 96776 and LISA L.ANDERSON,Trustee of
that certain unrecorded Lisa L. Anderson Trust dated January 19, 1995,
whose mailing address is Post Office Box 367,Paauilo,Hawaii 96776
TAX MAP KEY(3)54-009 portion 005 and portion 4 82 3-77 0 8-493 213-3 0-1 0
014;Lot 9-A under Sub.No, 05-000042
WARRANTY DEED
KNOW ALL MEN BY T14ESE PRESENTS:
That A14U POHAKU HO'OMALUHIA LLC, a Hawaii limited liability company. y
whose mailing address is Past Office Box 189,Hawi, Hawaii 96719, JEAN M_ SUNDERLAND
and ROBERT R. WATKINS,husband and wife, and DAEMION A. WATKINS and LIA W.
WATKINS, aka L1'A WAILANI WATKINS,as Co-Trustees of the Watkins/Sunderland Family
Trust,dated January 10, 1991,with full powers and authority to buy, lease,mortgage and sell the
property herein described, and other powers more fully set forth therein, whose mailing address
is Post Office Box 189, Hawi, Hawaii 96719,and CHARLES ALAN ANDERSON and LISA
LANDRY ANDERSON, husband and wife,whose mailing address is Post Office Box 367,
Paauilo,Hawaii 96776,hereinafter called the "Grantor", for and in consideration of the sum of
TEN AND N01100 DOLLARS ($10.D4)and other good and valuable consideration to the
Grantor paid by CHARLES A. ANDERSON,Trustee of that certain unrecorded Charles A.
Anderson Trust dated January 19, 1995, whose mailing address is Post Office[lox 367, Paauilo,
Hawaii 96776, with full powers to sell,mortgage, lease or otherwise deal with the land,and LISA L. r
ANDERSON,Trustee of that certain unrecorded Lisa L. Anderson Trust dated January 19, 1995,
whose mailing address is Post Office Box 367, Paauilo,Hawaii 96776, with full powers to sell,mortgage,
lease or otherwise deal with the land hereinafter called the"Grantee",the receipt whereof is hereby
acknowledged, do hereby grant, bargain,sell and coney unto the Grantee all of that certain real
property designated on the tax maps of the Third Taxation Division,State of Hawaii,as Tax Map
Key(3) 54-009:portion 005 and portion 014,being Lot 9-A (Sub.No. 05-000042),more
particularly described in Exhibit A attached hereto and made a part hereof,subject to the
encumbrances noted therein.
TOGETHER WITH ALL and singular the buildings, improvements,rights,
tenements, hereditaments, easements,privileges and appurtenances thereunto belonging or
appertaining or held and enjoyed in connection therewith.
TO HAVE AND TO HOLD the same unto the Grantee, IN TRUST,and the
Grantee's successors in trust and assigns, in fee simple forever.
- 2-
r ,
AND THE SAID GRANTOR does hereby covenant with the Grantee that the
Grantor is lawfully seised in fee simple of said granted premises and that the said premises are
free and clew'of all encumbrances except as aforesaid, and except for assessments for real
property taxes. And the said Cxrantor further covenants and agrees that the Grantor has good
right to sell and convey the said premises in the manner aforesaid; that the Grantor will
WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands
of all persons,except as aforesaid.
The parties hereto agree that this instrument may be executed in counterparts,
each of which shall be deemed an original, and said counterparts shall together constitute one
and the same agreement, binding all of the parties hereto,notwithstanding all of the parties are
not signatory to the original or the same counterparts. For all purposes,including without
limitation, recordation, filing and delivery of this instrument,duplicate unexecuted and
unacknowledged pages of the counterparts may be discarded and the remaining pages assembled
as one document.
IT 1S MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and
when used hereinabove or hereinbelow shall mean and include the masculine or feminine, the
singular or plural number, individuals,associations,trustees,corporations or partnerships,and
their and each of their respective successors in interest,heirs,executors, personal representatives,
administrators and permitted assigns,according to the context thereof,and that if these presents
shall be signed by two or more grantors,or by two or more grantees,all covernams of such parties
shall be and for all purposes deemed to he their joint and several covenants.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLAND]
-3 -
1
IN WITNESS WHEREOF,the Grantor has executed these presents on this
A day of_ r c,h ,2010.
AHU POHAKU HO'OMALUHIA LLC, a
Hawaii limited liability company
By:
r
Its Manager
B
/Its Manager
CH ES ALAN ANDERSON i
LISA LAND A i
AN M. S DERLAND
Co-Trustee of the Watkins/Sunderland Family
Trust,dated January 10, 1991
Q ERT R. WATKINS F
Co-Trustee of the Watkins/Sunderland Family
Trust, dated January 10, 1991
DAEMION A. WATKINS r
Co-Trustee of the Watkins/Sunderland Family
Trust,dated J y 10, 1991
A��' -Ak-:77�7— �
L WATKIN r
Co-Trustee of the Watkins/Sunderland Family
Trust, dated January 10, 1991
kK-A .LIa- { -mart,• ( � GRANTOR
-4-
STATE OF HA'WAII )
} ss.
COUNTY OF HAWAII }
On this l day of N a rr,h , 2010, before me personally
appeared•Coo ber+ R . Wa±kjns ,to me known
that 14 LF is the Manager of AHU POHAKU HO'OMALUHIA LLC, a Hawaii
f
Iimited liability company, and that said instrument was signed in behalf of said company by
authority of its Manager and said Manager acknowledged said instrument to be the free act and
deed of said company.
rr r
�d0 ;�GN ., Name:
] !"T Lou C. Y„gna
`. L, C) Notary Public
¢ NY ,p. State of Hawaii
PUBLIC
* • commimon NO.
. 94-489
. ` , My commission expires: g-!Qp r.J
,
.q� or-
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Warranty Reed
Document Date: rn a r t i 7 r •p .
No. of Pages: yt t 4
Jurisdiction (in which notarial act is performed): Third Circuit
+- a 40 _`Q:'NOTARY'; '
Signa of Notary Date of Notarization and Z PUBLIC : ❑ _
Certification Statement = * commission No. ;-b-* `
Printed Name of otary ,,'9 .
STATE OF HAWAII )
55.
COUNTY OF HAWAII )
On this I day of „ 1'Y3 cir C't-' 2010, before me
personally appeared creC n Su n de ri cLncJ , to me known
5 ) that s ile is the Manager of AHU POHAKU HOIOMALUHIA LLC, a
Hawvai'i limited liability company, and that said instrument was signed in behalf of said
company by authority of its Manager and said Manager acknowledged said instrument to he the
free act and deed of said company.
ivi u+,rrrr
e
OU C. ,G'' Name:
•,.�y Notary PAic,
-Z CC, NOTRY• = State of Hawaii
PUBLIC
* co" °""°
'"''�' * ' My commission expires: VA 94 Q.o L a
94-489.: -
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Warranty Deed
Document Date: Vn p r c.in .,& L,0 t Q n ,P-
No. of Pages: H4- I $ _ ^�
Jurisdiction(in which notarial act is performed): Third Circuit
••• t„,i i n rrrr•r
0U C. ,
Signatur f Notary Date of Notarization and -Q NOTARY-•
Certification Statement PUBLIC
gmrmssion No.
Printed ame of Not�, �. '•'.• •r�Q`;'
OF
STATE OF HAWAII }
} ss.
COUNTY OF HAWAII }
On this g` day of M r 2010, before me personally
appeared JEAN M. SUNDERLAND, Co-Trustee of the Watkins/Sunderland Family Trust,
dated January 10, 1991,to me known ( to
be the person described in and who executed the foregoing instrument, and acknowledged to me
that she executed the same as her free act and deed, as such Co-Trustee to me known (e�e
to rive oix dic basis of tisf=tajy evidence to be the person described in and who executed the
foregoing instrument, and acknowledged to me that she executed the same as her free act and
deed.
•",% r�G �� '
0 C.�, • �L�'s Name: - -. -
.' • r
Notary Public
_ PUBt_fC o State of Hawaii
Commission No•
.', ' g4- 89 'q• My commission expires: s a
OF
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Warren Deed
Document Date: ty-t a,r'-h s s T , yp L a �� C+ • '
No. of Pages: nL is `
Jurisdiction (in which notarial act is performed): Third Circuit
pU C. 1
d.c�:_� 3 - •� Q:NOTARY =
Signa of Notary Date of Notarization and = PUBLIC -
,. Certification Statement * Comm is&bh No-
N{arlLou C. Ig�iac18 :' •
Printed Name of Nota P�
STATE OF HAWAII )
ss.
COUNTY OF HAWAII }
On this- I day of f-i a Gti 2010, before me personally
appeared ROBERT R. WATKINS, Co-Trustee of the Watkins/Sunderland Family Trust,
dated January 10, 1991, to me known ( o
be the person described in and who executed the foregoing instrument, and acknowledged to me
that she executed the same as her free act and deed, as such Co-Trustee to me known 4erInw*ed
to be the person described in and who executed the
foregoing instrument, and acknowledged to me that he executed the same as his free act and
deed.
C.
;��,OV.'L'��1Y.y'• Name: LoNlary Lou gn I
NOTAf •' '� Notary Public
State of Hawaii
PUBLIC a -
�t Gvmmiss on No. r4
My commission expires:
• • /,114,1L,.1
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Warranty Deed
Document Date: 1-YI Gt r-C-ir sr r aey tZ)
No. of Pages: T-4. 19
Jurisdiction(in which notarial act is performed): Third Circuit
ov C. /04,.
IV0TARY' o
Signature Notary Date of Notarisation and _ = PUBLIC
commission Na.
Certification Statement * ••.• 94.489,:•. ~
Mar, Lou C. Ignad(l (N��t �}t,t�;Se ';•
Printed Name of Notary OF 'r��;.•'
STATE OF HAWAII }
ss.
COUNTY OF HAWAII }
On this AFT day of t-4 arr--r -h 2010, before me personally
appeared DAEABON A. WATKINS, Co-Trustee of the Watkins/Sunderland Family Trust,
dated January 10, 1991,to me known }to
be the person described in and who executed the foregoing instrument, and acknowledged to me
that she executed the same as her free act and deed, as such Co-Trustee to me known (ofjoweO
t is o sa #o be the person described in and who executed the
foregoing instrument, and acknowledged to me that he executed the same as his free act and
deed.
d\3 C. I Name:
�\. ... ..L r ,'�y� Notary Pub is '
:NOTpRy 0= State of Hawaii
pUBLIC
* ' Gom�i0^" My commission expires: S a e lao t '7
OF
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Warranty Deed
Document Date: Ley) e'c
No. of Pages: I%k t y
Jurisdiction(in which notarial act is performed): Third Circuit
0\3 C, jG'•.
SignatWe of Notary Date of Notarization and _` :'NOTARY'- -
Certification Statement PUBLIC
Ma>� Lau C. Ignacidr (Not�*5 ai' * -
Printed Name of No �4- $ •: ;
•.OF ��'•
CAL I E' ORNIA ALL—P RJ RPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califon
1
County of _
befUe me,
tI[ ilncu1 ILime asks IIIle tithe F.MccrI
r
personally appeared L —_6J6( 4- 6tf, r f A K.k Z A . r
who proved to me ole basis of satisfactory evidence to be the person �010se to
the Withi11 1nstrttMei)t at)d acknowledged to me that he/she/Om-71executed the same ill-Wslherltht r authorized
capacity(}, and that byJiislherlt4y&signaturs4+cin the instrument the person(s), or the entity upon be11aIfor
which the persontk+acted, executed the instrument.
I ceitify under PENALTY OF PER.IURY under the Iaws ofthe State of Ca11fornia that the foregoing paragraph
is true and correct.
ANMONY IVIGRO
WITH ill nd official l. COrrtrtliSSSon# 1463394
y sea _d Notory public •Oalifornla
.. Los Angers.County
My corrlm.Expires Jul 23,2010
Srysnalur•e Glary p lie -- flnulry ScaE)
ADDITIONAL OPTIONAL MFORMAVON
INSTRUCTIONS FOR COMPI.ENNO THIS FORM
Any ackreuwledgrnenl eo+nyleled in California rarer! e(jirluin Morbinl a ere+etir as
I)f3S(C1 1"'I'ION OF THE A! ' CI-IE1]DOC11 .NT apprizes above in the notary section or a separate he
11 pFwpedy completed and rurachad to thaidonaacm. Ae wily exceplion is if a
err dacwnr is to be recorded nursidr n C.alr arrricc In such inrarnces.atry arlle+7saime
rl illear descripls of altachnt rtocumclt[) � arknowledgmeni terbiage us may be pri+uad on srerh a docrnnoir so lnrrg as the
verbiage does not require the notary to do sarnentairg dirt is illegerf for rr notary in
Colifarxfa C.e. certifying the authorized rapacity of the signer}.Picard check dic
{Title or daacription aTattached dacument cantinuod)
document carefullyfor proper notarin I wording and arurch this fonn if required,
Number of Pages _ Document Date—
• State an :a d County inromration must be the State id County where the document
signcr(a)personally appeared before the notary publ is for acknawledgmrnt.
• Date o f nolarizati an most be the[late that the 3igncr(s)personally appamcsl which
must also be the smne date the"10XVICdgment is complcled.
(Addition[inrarmalion) • '[he notary public ratio print his or Isar mane as it appears within his or her
comnnissian followed by a comma and then your Bile(notary public).
• Print the name(s)or document signer(a) who personally appear at fire time or
nobusizabon.
a
CAPACITY CLAIMED BY I'FIE SIGNER ■ Indicate the correct singular or plural forms by crossing off incorrect kwais fir.
❑ Ir1C11V1:1U&1 (5) lselsheJrhe3+r•is ltvu)or circling the corrcG Penns.Failure to cvnrcl ly indicate this
Information may kad to rejection of document recording.
❑ Corpori:te Off-tcer . The notary seal impression must be clear and phoiographically rtprorluciblc.
Impression must not cover text of tales. if seal impression smudges,re-scat if a
(Title) sufficient area permits,otherwise complete a different acknawicdgment form.
❑ Partncr(s) • Stgnatt¢e of the notary public trust match the signature oil It le with the orrice of
tltc county clerk-
0 [Attorney-in-Fact Additional infarmalion is not required hot could help to ensure this
i ❑ 1'1'I15tCi'.(S) acittowlydgment is not mivased or attached to a difftrent doeumrnt.
❑ Other� Indicate lit le or type of attached document,ntunber of pages and dale. ;
— - Indicate the capacity claimed by the signer. [f the cIaimud capacity is:t
corporate officer,indicate the title 6.e.CED.C170.Sec retaryy.
o Securely attach this document to the signed document
2i1G$Version CA PA❑12,10.07 900-873-9565 vy—!.NotaryC lasscs.co m
STATE OF HAWAII )
} SS.
COUNTY OF HAWAII )
On this day of MAR 2 2 2010 2010, before me personally
appeared CHARLES ALAN ANDERSON, to me known (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing instrument,
and acknowledged to me that he executed the same as his free act and deed. /
�Q �� Name:
-9 tart'Public No
/
90-640
State of Hawaii MONIQUE M. EDWARDS
t40TARY PUBLIC,STATE OF HAWAII
P� My commission expires: COMMISs1ON EXPIRES: t t/4/2Q1 a
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Warranty Deed
Document Date: ����� '�4UiLir Ll
No. of Pages: _ / '���o�a .............:
Jurisdiction(in which notarial act is performed): Third Circuit
(n +d 90 64,k o
CIO ZF
Signature of Na Date of Notarization and ri�f�Y,'D«+ It 1e
MON IQ U E . EDWARDS Certification Statement
NOTARY PUBLIC,STATE OF HAWAII (Notary Stamp or Sea])
11/4/2010
STATE OF HAWAQ )
} ss.
COUNTY OF HAWAH )
On this day of MAR z 2 2010 2010, before me personally
appeared LISA LANDRY ANDERSON, to me known (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing instrument,
and acknowledged to me that she executed the same as her free act and deed.
/
y Name:
fl: vim .•
Notary Public �
* 90-64a �'= State of Hawaii MONiC�UE M. EDWARDS '
cn'..4- * NOTARY PUBLIC, STATE OF HAWAII
.. sz is
q COlmISSION EXPIRES: 1114J201 L1
'"QIi„`H1 ��r�\ My commission expires:
NOTARY CERTIFICATION STATEMENT
Document Identification or Description: Warranty Deed
Document Date: OEM
i���'�?'�{,`'"' `�'•F,
No. of Pages:
Jurisdiction(in which notarial act is performed): Third Circuit ��
* 90-640 k'-o
Ln
Sign AWARDS ` Date of Notarisation an ''�f � ",
VN
NOTARY PUBLIC,STATE OF HAWAII Certification Statement ir,rl�tftil
COMMISSION EXpiI1.ES: 11/4/2010 (Notary Stamp or Seal)
Printed Name of Notary
EXHIBIT "A"
LOT 9A
Being a Portion of Grant 2732 to Kamaka
Hanaula,North Kohala,Island of Hawaii,Hawaii
Beginning at the south corner of this parcel of land, also being the west comer of Lot 9B
(Portion of Grant 2732 to Kamaka}on the northerly boundary of Lot 8 (Portion of Grant 2732 to
Kamaka),the coordinates of said point of beginning referred to Government Survey
Triangulation Station"PUU D NALE" being 16,834.57 feet North and 14,857.93 feet East and
running by azimuths measured clockwise from true South.
1. 133° 00' 435.00 feet along Lot 8(Portion of Grant 2732 to Kamaka);
Thence along Lot 8 (Portion of Grant 2732 to Kamaka)on a curve to the right with a
radius of 360.00 feet, the chord azimuth and
distance being:
2. 1510 00, 222.49 feet;
3. 1690 00' 130.00 feet along Lot 8(Portion of Grant 2732 to Kamaka);
Thence along Lot 8(Portion of Grant 2732 to Kamaka)on a curve to the left with a
radius of 360.00 feet,the chord azimuth and
distance being;
4. 160" 30' 106.42 feet;
5. 1520 00' 225.98 feet along Lot 8(Portion of Grant 2732 to Kamaka);
6. 2130 51' 745.03 feet along Lot 4 (Portion of Grant 2845 (Lot 2)to
Rebecca Kaleohaalulu);
Thence along the edge of cliff for the next three(3)courses,the direct azimuth and
distance being;
7. 303° 50' 490.71 feet;
S. 3120 15' 353.46 feet;
9. 3440 06' 15" 410.97 feet;
10. 430 45' 847.00 feet along Lot 9B (Portion of Grant 2732 to
Karnaka)to the point of beginning and containing
an area of 24.506 acres,more or less.
TOGETHER WITH perpetual and non-exclusive rights and easements for access and
utility purposes over and across the following described"Easement Areas":
(1) Union Mill Road,being Lot 19 of the"Union Mill Road Tract",as shown on File
Plan Number 731,filed in the Bureau of Conveyances of the State of Hawaii and
containing an area of 119,118 square feet,more or less,and being designed as
Tax Map Key No.: (3)5-4-10:62.
(2) Easement A(60-ft wide) for access and utility purposes, containing a total area of
8.648 acres,more or less.
(3) Easement B(50-f1. wide) for access and utility purposes,containing a total area of
2.710 acres,more or less.
(4) Easement J (50-ft. wide) for access and utility purposes, containing a total area of
4.030 acres,more or less.
(5) Easement K(50-ft. wide)for access and utility purposes, containing a total area of
4.426 acres, more or less.
(6) Easement L(50-ft. wide) for access and utility purposes, containing a total area of
0.366 acre,more or less.
as granted by and more fully described in that certain Grant of Easements dated April 14,
2003 and recorded as Document No. 2003-070308.
Being a portion of the land conveyed by the following:
(1) WARRANTY DEED
Grantor: SURETY KOHALA CORPORATION, a Hawaii
corporation
Grantee: JEAN M. SUNDERLAND and ROBERT R. WATKINS,
husband and wife,as Tenants by the:Entirety,as to an
undivided fifty percent(50%)interest, and CHARLES
ALAN ANDERSON and LISA LANDRY ANDERSON,
husband and wife,as Tenants by the Entirety,as to an
undivided fifty percent(50%)interest, as Tenants in
Common
Dated: April 10,2003
Document No. 2003-070310
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(2) QUITCLAIM DEED
Grantor: ROBERT R. WATKINS,a married man
Grantee: A14U POHAKU HO'OMALUHIA LLC, a Hawaii Limited
Liability Company
Dated: December 31,2008
Document No. 2009-043047
(3) QUITCLAIM DEED
Grantor: JEAN M. SUNDERLAND,a married woman
Grantee: AHU POHAKU HO'OMALUHIA LLC,a Hawaii Limited
Liability Company
Dated: December 31, 2008
Document No. 2009-043048
(4) QUITCLAIM DEED
Grantor: DAEMION A. WATKINS,a unmarried man
Grantee: AHU POHAKU HO'OMALUHIA LLC, a Hawaii Limited
Liability Company
Dated: December 31, 2008
Document No. 2009-043049
SUBJECTS HOWEVER,TO THE FOLLOWING:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Shoreline setbacks: "Shoreline setbacks established pursuant to the laws of the State of
Hawaii, or any political subdivision thereof, and any ordinances, rules or regulations
adopted or promulgated by any governmental authority pursuant to such laws.",
3. Seaward boundary: "Determination of the seaward boundary of the land described herein
pursuant to the laws of the State of Hawaii" .
4. Claims arising out of customary or traditional rights and practices, including without
limitation those exercised for subsistence, cultural, religious, access or gathering
purposes as provided for in the Hawaii Constitution or the Hawaii Revised Statutes, as
amended.
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5. Reservation(s)in favor of the State of Hawaii,as contained in the following:
FINAL JUDGMENT
Dated: March 22, 1999
Document No. 99-04591 h
but omitting any covenants or restrictions if any, based upon race,
color, religion, sex, handicap, familial status, or national origin
unless and only to the extent that said covenant(a) is exempt under
Chapter 42, Section 3607 of the United States Code or (b) relates
to handicap but does not discriminate against handicapped persons.
b. Dirt road over and across a portion of the property described herein, as show on survey
map prepared by Rodney M. Kawamura,Licensed Professional Land Surveyor No. 2671,
dated October 24, 2002, revised November 5, 2002, and Consolidation/Resubdivision
map dated May 7, 2008.
7. Covenants, conditions, restrictions, reservations, agreements, obligations, exceptions and
other provisions as contained in the following:
GRANT OF EASEMENTS
Dated: April 14, 2003
Document No, 2003-070308
but omitting any covenants or restrictions if any, based upon race,
color, religion, sex, handicap, familial status, or national origin
unless and only to the extent that said covenant (a)is exempt under
Chapter 42, Section 3607 of the United States Code or (b) relates
to handicap but does not discriminate against handicapped persons
8. The terms, provisions, covenants, easements and reservations as contained in the
following:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
HONOPUEO
Dated: May 06,2003
Document No. 2003-091323
but omitting any covenants or restrictions if any, based upon race,
color, religion, sex, handicap, familial status, or national origin
unless and only to the extent that said covenant(a)is exempt under
Chapter 42, Section 3607 of the United States Code or (b) relates
to handicap but does not discriminate against handicapped persons
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The foregoing Declaration was amended by the following:
Document No. Dated
2003-226446 August 7,2003
2005-242340 November 23,2005
9. AFFIDAVIT OF JEAN M. SUNDERLAND RE NOTICE OF APPROVAL OF
CONSERVATION DISTRICT USE PERMIT(CDUP)NO. HA-3378
Declarant: JEAN M. SUNDERLAND
Document No. 2008-082244
10. The following matters as show on Consolidation/Resubdivision Map prepared by Rodney
M. Kawamura, Licensed Professional Land Surveyor No. 2671, dated May 7,2008:
(a) Agriculture and conservation district boundary.
(b) Flood boundaries with base flood elevations (approximate area of flood
inundation),and FIRM flood zone A boundaries
11. The terms, provisions, covenants, easements and reservations as contained in the
following:
DECLARATION OF ACCESS AND UTILITY EASEMENTS
Dated: January 13, 2009
Document No_ 2009-029852
but omitting any covenants or restrictions if any,based upon race,
color,religion, sex,handicap, familial status,or national origin
unless and only to the extent that said covenant(a)is exempt under
Chapter 42, Section 3607 of the United States Code or(b)relates
to handicap but does not discriminate against handicapped persons
12. The terms, provisions, covenants, easements and reservations as contained in the
following:
DECLARATION OF PUBLIC ACCESS EASEMENTS
Dated: December 29,2008
Document No. 2009-029853
but omitting any covenants or restrictions if any, rased upon race,
color, religion,sex,handicap,familial status,or national origin
unless and only to the extent that said covenant(a)is exempt under
Chapter 42,Section 3607 of the United States Code or(b)relates
to handicap but does not discriminate against handicapped persons
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. i
✓ 4
The foregoing Declaration was amended by the following:
AFFIDAVIT OF STEVEN S.C. LIM(RE ERRATA FLY SHEET)
Dated: undated
Document No. 2009-032605
12. The possible interest of Jean M. Sunderland,Robert R. Watkins, Daemion A. Watkins,
and Lia W. Watkins, as Co-Trustees of the Watkins/Sunderland Family Trust dated
January 10, 1991,dine to the fact that Lot 9 was consolidated with TMK(3) 5-4-009:005
(the Lincoln Burial Plot),and resubdivided into Lot 9A and Lot 9B, as disclosed by
Affidavit of Rodney M. Kawamura, Licensed Professional Land Surveyor,Certificate
No. 267I, dated May 20, 2009,recorded as Document No. 2009-1 1 8040.
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