HomeMy WebLinkAbout2025-02-03 Letter from John Pipan Response to Comments & Proposed Conditions LAND'`
PLANNING 194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
H AWA I I LLC info@landplanninghawaii.com
February 3, 2025
Mr. Louis Daniele III, Chair
Windward Planning Commission
COUNTY OF HAWAII
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Mr. Daniele:
Subject: Response to Comments and Proposed Conditions Regarding Special
Permit Application (PL-SPP-2024-000075)
Applicant: Teppy Mountain LLC
Agent: Land Planning Hawaii LLC
Papa`ikou, South Hilo, Hawaii TMK: (3) 2-7-007:001 (por)
This letter is intended to address neighbor concerns received by the Planning Department
regarding the subject application. The application requests a Special Permit to host an
annual four(4)— day event with overnight camping on a portion of the subject property as
well as to store up to six (6) work vehicles (and heavy equipment) which are used
commercially when not in agricultural use on the property. The property is located at the top
of Indian Tree Road, approximately 0.7 miles west of Hawaii Belt Road in Papa`ikou, South
Hilo, Hawaii.
Mr. Goncalves Luz Filho and Mrs. Luz expressed concerns regarding the proposed use in
comments sent to the Planning Department on January 14, 2025. Their concerns relate to the
condition of Indian Tree Road and the impact that additional traffic may have on the road as
well as potential noise generated by the work vehicles and during the annual event. As direct
neighbors to the subject property, the applicant takes their concerns seriously and would like
to propose some mitigation measures which he hopes will address these concerns.
First, the applicant is aware that any additional traffic on the road may impact the road's
quality. Since purchasing the subject property, the applicant has spent significant time and
money out-of-pocket on maintaining and improving Indian Tree Road by purchasing gravel
to fill areas of erosion and potholes. Moving forward, he intends to continue to assist with
roadway maintenance as needed, with his goal being that his contribution toward the
maintenance of the road outweighs the toll the Special Permit uses may take on it.
With regard to noise generated by the event, as the event will only be held once per year,
any nose impacts would be short-lived. Additionally, all amplified sound will be directed
toward the mountain and away from neighboring homes. Mr. Goncalves Luz Filho and Mrs.
Luz, as well as all other Indian Tree Road neighbors will be informed of the annual event
beforehand and will have the applicant's direct phone number should they need to contact
him for any reason during the event.
In response to Mr. McMahon's comments to the State Department of Transportation (DoT),
we have received no comments or concerns from the DoT. While the applicant has not
directly reached out to anyone in the DoV s office regarding the prior events, he did reach
out to the County Police Department on multiple occasions and their office responded that
they did not anticipate any significant impact to traffic from the event. Additionally,
comments received from the Police Department in response to this Special Permit request
did not express any concerns regarding the storage of work vehicles.
Mr. McMahon's wife, Mrs. Huang, also expressed concerns regarding the proposed use in
comments sent to the Planning Department on January 18, 2025. Her letter lists possible
negative impacts of the Special Permit request with relation to the condition of Indian Tree
Road, safety and security, environmental harm and disruption to her farm. Again, the
applicant is aware that any additional traffic on the road may impact the road's quality. As
he has in the past, he plans to continue to fill potholes and make improvements to the road.
However, it should be noted that during Mr. Tepper's previous attempt to fill potholes in the
road in 2024, Mrs. Huang's husband, Mr. McMahon, attempted to disrupt the work by
removing gravel as it was being laid.
With regard to safety and security, all guests of the event will be required to register and Mr.
Tepper will follow the security protocols outlined in our January 9, 2024 letter to the
Planning Director. Mr. Tepper will also notify all landowners along Indian Tree Road prior
to the event via email. Should any complaints be received from neighbors during the event,
the applicant will be available to hear those complaints and will immediately address all
reasonable complaints. Any attendees found to be disorderly or disruptive will be ordered to
leave the event and will not be permitted back to the event in subsequent years.
With regard to environmental harm, the proposed event should have minimal, if any,
environmental impact. The event will only be held once per year and will be centered on a
respect for the environment with an emphasis on the practice of"leave no trace".
Environmental effects from an annual bonfire will be negligible. As noted in the background
report, an inspector from the Fire Department previously visited the site in 2023, prior to
that year's event, and agreed that there was very little risk of fire in this rainy mauka area of
Papa`ikou. Nevertheless, a 3,000-gallon water tank will be sited in the vehicle storage area
and will be available for emergency fire protection and fire extinguishers will also be
located within the bonfire area and each of the campsite areas. If required, the applicant will
also install an additional water tank within the bonfire area reserved for fire protection.
Regarding vehicle emissions from the stored work vehicles, it is unfortunate that emissions
are an unintended consequence of most vehicles, whether they are being used for agriculture
or not. The applicant will work with his lessee, who owns the vehicles and uses them to
supplement his ranching income while not being used for his own agricultural activities, to
ensure that they are properly maintained and perform as efficiently and with as minimal
emissions as possible.
With respect to Mrs. Huang's concerns over farm disruptions. It is unclear how the annual
event will cause harm or damage to her cacao harvest. Nevertheless, the applicant is open to
discussing these concerns and potentially selecting an alternate date for the event which
would be more agreeable to Mrs. Huang.
Mrs. Huang notes that the applicant previously held the event without a permit. While the
Special Permit application was in process prior to the event, we regret that the applicant did
hold the event prior to obtaining the Special Permit. He will work with the Planning
Department to do what is necessary to resolve this violation. However, we would like to
note that prior to holding the event, he did notify his neighbors and consult with the Police
Department and Fire Department.
Concerns regarding Indian Tree Road and traffic on Hawaii Belt Road are addressed above.
Additionally, please find the applicant's deed establishing legal easement access over Indian
Tree Road attached as Exhibit A.
Proposed Conditions
The applicant appreciates the favorable recommendation on the application and the effort of
the Department in processing and drafting the proposed conditions. The applicant is in
agreement with the vast majority of the conditions with the following requests for
consideration.
6. To mitigate traffic impacts to the Indian Tree Road/State Highway 19 intersection related
to the annual event, the Applicant shall develop a Traffic Management Plan that shall be
submitted to and approved by the State Department of Transportation District Engineer
prior to each event. A copy of the approved plan shall be provided to the Planning
Department prior to each event. Implementation of the approved plan shall be the
responsibility of the Applicant.
The applicant requests that this condition be reconsidered. HDOT has not requested a
Traffic Management Plan for the proposed use and the Police Department commented by
letter dated October 8, 2024, Staff, upon reviewing the documents available, does not
anticipate any significant impact to the traffic with all vehicles being located on the subject
property during the event and not on Indian Tree Road or Hawaii Belt Road(Exhibit B).
During past events having approximately 200 attendees, the maximum number of cars
checking in at one time was four(4) and the vehicles were easily accommodated on the
applicant's property without even backing up onto Indian Tree Road. There is approximately
400 linear feet of private driveway on the applicant's property between Indian Tree Road
and the check in area which can easily accommodate several times this number of cars
should several come to check in at the same time. Hawaii Belt Road is another 3/4 mile from
the subject property.
Requiring HDOT approval of a Traffic Management Plan that they have not requested may
lead to significant delays beyond the control of the applicant. For these reasons we would
respectfully request the deletion of this condition.
12.Prior to the next annual festival event in 2025, the applicant shall provide the Planning
Department with a metes and bounds survey of the approved permit area, completed by a
surveyor licensed by the State ofHawai`i. Use of the property beyond the permit area for
uses approved under this permit shall be prohibited. Furthermore,prior to the next festival
event in 2025, the applicant shall, . J place flagging around the approved
permit area and provide signage indicating the extent of the permit area for the duration of
each event.
Fencing the Special Permit area would require many miles of fencing at great cost and is
unreasonable, especially given there are no permanent structures proposed associated with
the permit. Any new fencing would also interfere with long established grazing rotation
patterns across the property. As such, we recommend flagging be placed around the permit
area for the duration of each event instead of fencing.
13. Within 180 days of the approval of this Special Permit, the Applicant shall either remove
or declare an exemption from building permitting for agricultural structures pursuant to
HRS 46-88, or secure building permits from the Department of Public Works-Building
Division for all unpermitted structures in the heavy equipment rental base yard area. The
Applicant shall finalize building permits within one (1)year thereafter.
For agricultural structures, Hawaii Revised Statutes 46-88 provides for building permit
exemptions in certain cases. We would like the proposed condition to account for that option
as well.
Thank you very much.
Sincerely,
John Pipan
Planning Administrator
e o F ti:q STATE OF HAWAII .
`P 1959 ' BUREAU OF CONVEYANCES
RECORDED
July 22, 2021 8:01 AM
Doc No(s)A-78730405
Doc 1 of 1 /s/LESLIE T KOBATA
Pkg 11826604 KEO REGISTRAR
Conveyance Tax:$107,250.00
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail 10 Pickup❑ To:
RS
ANDREWTEPPER TQ 202127630'_S
4717 Middle Road TGE; 2327322112093
Allison Parr,Pennsylvania 15101 Mike Nagai
TITLE OF DOCUMENT:
DEED
PARTIES TO DOCUMENT:
Clmtor: KALA.OA CREEK RANCH,.LLC, a Hawaii limited liability company, whose
address is HC'64 Box 8028,;Ketchut. ,Idaho 83340;
Grantee: TEPPY MOUNTAIN, LLC, a Hawaii limited liability company,whose.address is
4717 Middle Road,Allison Park,Pennsylva*a 15101
AtTects'!MY,(3)2.-7-007-001 This document
contains L�pages.
1
EXHIBIT A
DEED
KNOW ALL MEN BY THESE PRESENTS:
That KA.T AOA CREEK RANCH,LLC,a Hawaii limited liability company,whose
address is HC 64 Box 8028, Ketchum, Idaho 83340,.hereinafter called the Grantor,for and in
consideration of the sum of TEN AND NO1100 DOLLARS ($10,00) and other valuable
consideration,to it in hand paid by TEPPY MOUNTAIN,LLC, a Hawaii limited.liability
company, whose address is 4717 Middle Road,Allison.Park,Pennsylvania 15101,hmein0wr
called the Grantee,the receipt whereof is hereby acknowledged,has sold and by these presents
does hereby bargain,sell,assign,convey and transfer unto the said Crrantee, as tenant in
severalty, all of its right, title and interest in the property described in Exhibit A attached hereto.
and by reference made a pant hereof.
TOGETHER,with all and singular the improvements,tenements,rights,easements,
privileges,hereditaments and appurtenances thereunto belonging,or in anywise appertaining,
and the reversion and reversions,remainder and remainders,rents,issues and profits thereo£
TO HAVE AND TO HOLD the same unto the said Grantee,its successors and assigns,
forever.
And the said:Grantor does hereby covenant to and with the said Grantee,its successors
and assigns,that it is seized.in fee of the said granted premises;that it has good right and lawful
authority to sell and convey the same,that the same is free and clear of encumbrance of every
kind and character, save and except as noted on said Exhibit A;and that it will and its heirs and
assigns shall WARRANT and DEFEND the title thereto against the lawful claims of all persons
whomsoever.
2
IN WITNESS WHEREOF,the said Grantor has hereunto set its hand on this day
Of
KALAOA CREEK.RANC.H,LLC
BY:
CIS F.L G
Its Manager
By:
KEVIN FLANIGAN
Its Manager
Grantor
3
IN WITNESS WHEREO , the said Grantor has hereunto set its hand orit this f/fir, day
--1-
"Ol L
KALAC A€"REEK RANCH,'LLC
CHRIS Fi.11N16-AN
Its Manager
�3 K�ANIGAN
r
Its Manager
Grantor
f
STATE OF IDAH 6
COUNTY OF S �r )
On this day of ,2021,before'me personally appeared CHRIS
FLANIGAN,
to me personally known,
OR
whose identity I proved can the basis of
OR
whose identity I proved on the oathla£finnation of ,
a.credible witness,
who, being by m duly sworn or afnned,did say that such person executed the
foregoing 19-page,Deed from KALAOA CREEK RANCH,LLC,a Hawaii limited liability
company, to TEPPY MOUNTAIN,LLC,a Hawaii limited liability company; affecting TMK(3)
2-'7-007-001,dated �Al/ ,2021,as the free act and deed of such person
and.1f applicable in the capacity shown,having been duly authorized to execute such instrument
n such capacity. ' -
(Notary Signature)
(Seal):
Print Notary Name: <; .. S. in- ,
BRFNdA AWIMSTRONG Notary Public, State of Idaho
ROTARY PUBLIC My commission expires:
STATE OF IDAHO
G I MMISSION #4401E
4
STATE OF H
On this day of � �j_ p 202i=before ine personally appeared KEVIN
FLANIGA N,
to me personally kliown,
OR
_. whose identity 1 proved on the basis of
CAR
whose,identity I proved on the oath/affirmation of
a credible witness,
who, being by me duly sworn or eaffi ed, did say that such person txecutcd the
foregoing 19-page; heed from KALAO.,k CREEK RANCH,'.LLC,A Hawaii limited liability
company,to TrPPY MOUNTAIN, LLC;.a Hawaii limited liability company; affectiag TMK (3)
2--7-007-001, dated � ,2021,as the free act and.deed of such person
and if'applicable in the capacity shown, Laving been duly authorized to execute such instrLitknt
in such capacity.
Print Notary Na Q; _._.
d Notary Pnb ic,Mate of Wahe 0446CZAN
.-Mly commis"non.expires:
4FFIC1AL.STAMP
GREGORY ROBERT HOGA
I NOTARY PUBLIC-OREGON
COMMISSION NO,965619
MYGommissim Expws AUGUST 15,2021
5
EXHIBIT A
All of that certain parcel of land(being portion(s)of the land(s)described in and covered
by Grant Number 3122 to S.L.Austin;Grant Number 1349,Agana 1 to D.Barenaba;Grant
Number.3656,Apana 3 to Onomea.Sugar Company; Grant Number'2003, Agana.l to D.
Barenaba;Grant Number 2691 to Kapuu et.al.;Royal Patent Number 7999,Land Commission
Award 6247 to Kanaulu (Certificate of Boundaries No. 169);:Royal Patent Number 7162,Agana.
2,:Land Commission Award 11,216,Apana 43.to M.Kekauonohi;Royal Patent Number 7139,
Land Commission Award 11,216,Apana 43 to M.Kekauonohi;Royal Patent Number 1141,
Agana 2,Land Commission Award 11,21.6, Apana 43 to M.KekauQnohi;Royal Patent Number
7160,Land Commission Award 11,216,Apana 43 to M.Kekaubnohi, Grant Number 3656;
Apam 1 to Ono ea Sugar Company;and Grant Number 3140 to William Kinney)situate, lying
and being at AlakaK Mokuoniki.Puumoi,Kalaoa,Aleamai,South Hilo;Island of Hawaii, State
of Hawaii, being LOT 9 and thus bounded and:described;
Beginning at the northwest corner of this parcel of land and in the middle of Hanawi
Stream,being also the northwest corner of Lot 1,being a portion of Grant 2691 to Kapuu et.ai,,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"ALALA"being 10,083,94 feet south.and 739,14 feet west and thence ruining by azimuths
measured clockwise from true South;
1. 3580 20' 395;26 feet along Lot 1,being a portion of Grant 2691 to
Kapuu et.al.;
2, 358" 20` 49930 feet along a portion ofR,P. 7999,L.C, Aw.6247 to
.Kanaulu(Certificate of Boundaries No.. 169.);
3. 3580 20' 991.32 feet along Lot 2,being a portion of RR,7999, L;C.
Aver. 6247 to Kanaulu(Certificate of Boundaries
No, 169)to the middle of a gulch;
Whence along the middle of a gulch, sane being also a portion of R.P. 7999,L.C. Aw.,6247
to Kanaulu(Certificate of Boundaries No, 169),for
the next five(5)courses, the direct azimuths and
distances between points along,said middle of gulch
being:
4. 101° 19' 51.31 feet;
5. 650 06' 126.05 feet;
6, 14r 04' 329.98 feet;
7. 910 IT 643..00 feet;
6
7
8. 72. 13' 742.94 feet,
9. 40 22' 30" 328A feet along.a portion of RR 7999,.L.C.Aw. 6247 to
Kanaulu(Certificate of Boundaries No. 169)to.a
1/2"pipe(set);
10. 76" 26' 687.00 feet along Lot 3,being portions of. R.P. 7999,L.C.
Aw.6247 to Kanaulu(Certificate of Boundaries
No. 169);R,l?.7160,L.C.Aw. 11,216,Ap.43 to M.
Kekauonohi,R.P. 7140,L.C.Aw. 11,216,Ap. 43 to
M;.Kekauonohi;and Grant 3656,Ap,2 to Onomea
Sugar Company to a 1/2"pipe(set);
11. 011 00, 626.92 feet along Lot 3;being portions of R.P.7999,L.C.
Aw. 6247 to Kanaulu(Certificate of Boundaries
No, 69);R.P.7160,L;C. Aw. 11,216,Ap.43 to M.
Kekauonohi;R.F. 7140,L.C. Aw..11,216,Ap. 43:to
M.Kekauoxtohi; and Grant 3656,Ap.2 to Onomea
Sugar Company to the middle of Kaluakoli.Gulch;
12.. Thence along the.middle of Kaluakoli Gulch,same being also along Exclusion 1,the direct
azimuth and distance between points along said.
middle of gulch being:
990 23' 394.62 feet;
13. 30 20' 486.01 Feet along Exclusion 1 to the middle of Lahalaha.
Gulch;
Thence.along the middle of Lahalaha Gulch, same being also along Exclusion 1,for the next
two(2)courses,the direct azlinuths and distances
between points along said middle of gulch being.-
14. 2800 36' 701,06 feet;
15. 28911 44' 478.00 feet;
16. 59Q 30' 247.00 feet along Exclusion 1;
17. 3020 40' 343,02 feet along Exclusion 1 to a 112"pipe(set);
18 230 00' 317.82 feet along Lot 6,being portions of Grant 3 t40 to
William Kinney; Grant 1049, Ap. 2 to Kamm; and
7
b
Grant 1052,Ap, 2 to Kauakuilua to a.1/2 pipe
(set);
19: 2930 00` 285.78 feet along lot 6, bein 91
porkious of Grant 3140 to
Wiliam Kinney,.Grant 1049, Ap.2 to Kamai; and
Grant 1052,.Ap. 2 to Kauakuilua to a I/2"pipe
(set);
20. Thezrce along Lot 6,being portions of Grant 3140 to William Kinney; Grant 1049,Ap, 2 to
Kamai; and Grant 1052,Ap,.2 to Kauakuilua, on a
curve to the right with a radius of 250.00 feet,the
chord azimtath and distance being:
3060 42' 118.42 feet to a ill'pipe(set),
21. 66° 32' 280.00 feet along Lot 6, being portions of Giant 3140 to
William Kinney, Grant 1049, Ap.2 to.Kamai;and
Grant 1052,Ap, 2 to Kauakuilua'to a 112"pipe
(set);
22, 75" 36' 526.51 feet along Lot 6,being portions of Grant 3140 to
William Kinney; Grant 1049,Ap.2 to Kamai and
Grant 1052,.Ap, 2 to Kaualcuilua.and Lot 7,being
portions of Grant.3140 to William:Kinney and
Grant.1052, Ap._2 to Kauakuilua to a 112"pipe
(set);
21 61° 4:T 563.14 feet along Lot 7,being portions of Grant 3140 to.
William Kinney and Grant 1052,Ap.2 to
Kauakuilua to a 1/2"pipe(set),
24. 103 56' 49.3.00 feet along Lot 7, being portions of Grant 3140 to
William.Kinney and Grant 1052,Ap. 2 to
Kauakuilua to a 1/2"pipe(set);
25. Thence along Lot 7,being portions of: Grant 31440 to William Kinney and.Grant 1.052,Ap.2
to Kauakuilua;on a curve to the right with a radius
of MOM feet,the chord azimuth and distance
being:
l 1 I° 13' 76.07 feet to a 1/2"pipe(set);
8
26. 1 180 30' 60.00 feet along Lot 7,being portions of Grant 3140 to
Witham Kinney and Grant 1.052,Ap.2 to
Kauakullua to a 1/2"pipe(set);
2T Thence along Lot 7,:being portions of Grant 3140 to William Kinney and Grant 1.0 52, Ap,2
to Ka'u"lua on a curve to the left with a radius of
30.0.0.0.feet, the chord azimuth and distance being;
103" 471 152.42 feet to a 1/2 pipe(set);
28, 89'3 04' 837,87 feet along Lot 8,being.a portion.of Grant 3140 to
William Kinney to a 1/2" pipe(set);
29. Thence along Lot 8,being a portion of Grant 3 140 to Wiffiarn Kinney, on a curve to the
right with a radius of 1,000.00 feet,the chord
azimuth and distance being:
.930 51, 166,78. feet to a 1/211 pipe(Set);
30, 08" 38' 400.00 feet along Lot 9,being a portion of Grant 3.140 to
William Kinney to a 1/2"pipe(set);
31, Thence along Lot 8,being a portiort of Grant 3140 to William Kinney,on a curve to the
right with a radius of 2,500.00 feet,the chord of
azimuth and distance bein. g.,
1010 113' 225.36 feet to a 1/2"pipe
321, 1030 418' 887J5 feet alongLot 8,.being a portion of Grant 3140 to
William Kinney to a 1/2" pipe(set);
33. Thence Wong Lot 8,being a portion of Grant 3140 to William Kinney,on a curve to the left
with a radius Of 1,000,00 feet,the chord azimuth
and distance be ing:
940 46' 314.02 feet to a Ij2"pipe(set),
34. 950 44' 191-74 feet Wong Lot 84 being a portion of Grant 3140 to
William Kinney to a 1/2"pipe(set);
9
35. Thence along Lot 8,being a portion Grant 3140 to William Kinney,on a curve to the right
with a radius of 130.00 feet.,the chord azimuth and
distance being.
48'0 3T 156,89 feet to a 1/2" pipe(set);
36, 85 44' 487,97 feet along Lot 8,being a portion of Grant 3140 to
William Kinney to a I/2"pipe(set);
37. Thence along Lot 8,being a portion of Grant 3140 to William Kinney,on a curve to the left
with a radius of 200.00 feet,the chord azimuth and
distance tieing;
46" 19' 253.98 feet to a 1/2"pipe(set);
38, 6° 54' 47.98 feet along Lot 8,being a portion of Grant 3140 to
William Kinacv to the middle of Aleamai Stream;
Thence along the muddle of Aleanai Stream,same being also along Kaieie Homesteads 2nd
Series,for the next five(5)courses,the direct
azimuths and distan.ces.between paints along said
middle of stream being:
39. 1000 2€1' 25.04 feet;
40. 113" 31' 1,271.00 feet;
41. 95° 47' 1,000.00 feet;
42. 83" 40' 1.,000.00 feet;
43. 42" 04' 660,52 feet;
44. 116" 30' 210,83 feet along R.P. 7875, L,C.Aw. 11,215,Ap_ 1
Keliiahonui;
45, 1700 2l' 40" 32M7,80 feet.along portions of Grant 36561 Ap. 1 to Onomea
Sugar Company;R.P.7162,Ap.2,L,C.Aw.
11,216, Ap.43 to M. Kekauonohi;and 12R 7999,
L.C.Aw. 6247 to Kanaulu(Certificate of
Boundaries No. 169);
46. 1800 57' 15" 3,414.69 feet along portions of R.P.7999, L.C.Aw. 6247 to
Kanaulu(Certificate of Boundaries No, 169);Grant
10
11
3656, Ap. 3 to Onomea Sugar Company;and Grant
3122 to S.L. Austin;
47. 2810 00, 24" 1,525.47 feet along Lot.25-E,being a portion of R,P. 8117,
L.C.Aw, 7713,.A p. 20 to V,Karnarnalu(Certific:
of Boundaries No. 175);
48, 251" 41' 972.00 feet along Lot 25-E,tieing a portion of R, P, 8117,
L. C..Aw, 771.3,,Ap.20 to V, Kamamalu
(Certificate or Boundaries No. 175)to a 1/2"pipe
(found);
49, 2750 50' 855M feet along Lot25-E,being aportion of R,P. 8117,
L.C.Aw.7713,Ap.20 to V. Kamarnal'u
(Certificate of Boundaries No.. 175)to a 11211 pipe.
{found};
50. 266" 24, 990.00 feet along Lot 25-E,being a portion of R,P. 8117,:
L.C.Aw. 7713,Ap.20 to V.Kamamalu.
(Certificate of Boundaries No. 175);and Lot 25-D,
being portions of R.R 8117,L,C. Aw. 7713,Ap. 20
to V.Kamamalu (Certificate.of Boundaries No. -
175)and,Grant2524 to Kaehuaea to a 1l2"pipe
(found),
51. 3° 00, 312.47 feet along Lot 25-D,being portions of R.P, 8117,
L.C,Aw, 7713,Ala;;20 to V.Karnamalu(Certificate
of Boundaries No,. 175)and.Grant rant 2524 to
Kaehuaea to the middle of a stream;
Thence along the middle of a strearn,same being also:along,Lots 25-D,9, 8 and 7,being
portions of R.R 8117,L.C.Aw. 7713,Ap. 20 to V.
Kamarnalu(Certificate of Boundaries No, 175);
Giant 2524 to Kaehuaca,Grant 2366,Ap. 2 to.
Kiolakia; Grant 2394 to Kupele &7oela; and
remainder of Grant 1349,Ap; 1 to K,Barenaba,for.
the zaext sixteen (16) courses, the direct azimuths
and distances between paints along said middle of
stream being:
52, 2870 16' 214.00 feet;
512590 04' 51.4.00 feet;
11
IL
54. 2700 26' 460,00 feet;.
55, 2710 12' 63.57 feet,
56. 2460 19, 443,87 feet;
57, 2770 4T 642.81 feet;
58. 267 02' 476.60 feet,
59. 2640 Al 500.00 feet;
60. 2530 201 203.00 Feet;
61, 313° 12' 217.00 teet,
6 . 2770 44' 485.96 feet;
63.. 286" 56' 365.00 feet;
64. 2690 35' 74.65 feet;
65, 331° 59` 122.06 feet;
66, 140 12' 339.73 feet,
67. 331° 44' 406.92 feet;
Thence along the middle of Hanawi Stream,same being also along Lots 7, 6,5 and 4,being
portions of R. P, 8117,L.C,Aw. 7713,Ap.20 to V.
Karnamalu(Certificate of Boundaries No. 175);
Grant 2394 to Kupele&loela; Grant 2533 to
Kupele&faela;Chant 2663 to Kalana and Grant
1349,Ap; 1 to D.Barenaba,for the next six(6)
courses,the direct azimuths and distances between
points along said:middle of sham being:
68. 312" 34' 501.61 feet;
69, 2951, 29' 289.00 feet,
70. 2620 22' 336.00 feet;
7t. 2650 22' 542.97 feet;
12
72. 287" 52' 411.75 feet;
73. 2860 50' 333.85 feet to the point of begincring.and containing an area
of.1,41917 Acres,more or less. _
TOGETHER WITH the Billowing:
(A) A non-exclusive casement for road access and utility purposes over,across and under
EASEMENT"B" (304eet wide),containing an area of l.207 acres,as granted in
RECIPROCAL GRANTS OF EASEMENT dated January 20, 1999 and August 6,
1999, recorded.as DocumentNumbers 99-025234 and 99-140963,respectively, being
more particularly described therein and subject to the terms and provisions contained
therein.
(B) A non-exclusive easement over,across and under Easement C t(AS)Ginger Patch
Road as granted by GRANT OF EASEMENT dated December 13,2002,recorded as
Document No,'2002.227898;subject to the terms and provisions contained therein.
(C) A nonexclusive easement aver Easement"R-4",.also known as Indian Tree Road,for
road and utility purposes,as granted by GRANT OF EASEMENT dated December
13,2002,recorded as Document No.2002-227898, and confirmed by
CONFIRMATION AND GRANT OF EASEMENT dated.May 9,2008,recorded as
Document No. 2008.084151; subject of the terms and provisions contained therein.
(D) A 20'wide nonexclusive appurtenant easement.for roadway purposes.over Easement
"A",area 11,049 square feet,more or less,as granted by GIUNT OF EASEMENTS
AND EXTINGUISHMENT OF EASEiV1I-`WS RIGHTS dated August 24,2006,
recorded as.Document No.2006-163007; being more particularly described therein;
and subject,to the terms and provisions contained therein.
-;Note:-No title insurance with respect to said above Easement"A" can be provided.
(E) Together with a 50'wide nonexclusive moment for road and utility purposes over
the section of Indian.TreeRoad wiffiun TMK(3)2-7-8-44, as granited,by GRANT OF
EASEMENT dated August 24,2006,recorded as Document No.2006-163005;
subject to the terms and provisions contained therein.
(F) Together with a.30`wide nonexclusive easement for road purposes over Easement
"555B';as granted by GRAN OF EASEMENTS AND EXTINGUISHMENT OF
EASEMENT RIGHTS;dated May 1,2006,recorded as Document No.2006-163008,
as corrected and amended by instrummezit dated September 2,201.0,recorded as.
Document No. 2010-195216,subject to the terms and provisions contained therein.
13
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-Vote;-Said Easement"555B" does not lead to a public road.
(G) Together with a nonexclusive easement for road and utility purposes over, under and
across Easement"R 5", etc.,as granted by CONFIRMATION AND GRANT OF
EASEMENT elated May 9,2008?recorded as Document No.2008 094151;being more
particularly described therein; subject to the terms and conditions contained therein.
(H) Together with noncxclusive easements for roadway,access and utility puuposes over
and across Easements"I 1"and IT,being more parr cularly described.in
DECLARATION OF EASEMENTS FOR.'ROADWAY AND UTILITY PURPOSES
dated September 2,2010,recorded.as Document No. 2010-1.95217;subject to the'terms
and provisions contained therein,
(I) Together with nonexclusive easements for roadway, access and utility purposes over
and across Easements "6","54111, "554-A. ,and "A", as.granted by DECLARATION
OF EASEMENTS FOR ROADWAY AND UTILITY PURPOSES dated September.2,
2010,recorded as Document No. 2010-195218* subject to the terms.and provisions
contained therein.
(S) Together with nonexclusive easements for roadway,access and utility purposes over
and across Easements '79" and"546" as granted by DECLARATION OF EASEMENTS
FOR ROADWAY AND UTILITY PURPOSES dated September 2,2009,recorded as
Document No.2010-195219.subject to the terms and provisions contained therein,
(IK) Together with a none-xclusive casement for roadway,access and utility purposes over
and.across Easement,'V as granted by DECLARATION OF EASEMENTS FOR
ROADWAY AND UTILITY PURPOSES.dated September 2,20101,recorded as
Document No.2010-195220 subject to the terms and provisions contained therein.
(L) Together with a nonexclusive easement for.roadway,access and utility purposes over
and across Easement"4" as granted by DECLARA.TION OF EASEMENTS FOR
ROADWAY AND UTILITY PURPOSES dated September 2,2010,recorded as
Document No.2010-195221;subject to the terms and provisions contained therein.
(NI) Together with a nonexclusive easement for roadway,access and,utility purposes over
and across.Easement"3"as granted by DECLARATION OF EASEMENTS FOR:
ROADWAY AND UTILITY PURPOSES dated September 2,2010,recorded as
Document No.2010-195222;subjeetto the terms and provisions contained therein.
(N) Together with a nonexclusive easement for roadway,access and utility purposes over
and.across Easement"2" as granted by DECLARATION.OF EASEMENTS FOR
ROADWAY AND UTILITY PURPOSES dated September 2,2010,.recvrded as
Document No.2010-195223; subject to the terms and provisions contained therein.
14
f
(0) Together with a nonexclusive easements for roadway,access and utility purposes over
and across Easements "511", "538" and "537"as reserved by instrument dated
November 8,2001,recorded as Document No 2001--180036 and as granted by
DECLARATION OF EASEMENTS FOR ROADWAY AND UTILITY"PURPOSES
dated September 2,2010,recorded as.Document No. 2010 95235; subject to the terms
and provisions contained therein,
BEING THE PREMISES ACQUIRED BY WARRANTY DEED
GRANTOR. CHRIS A. FLANIGAN,married,and KEVIN FLANIGAN,
married
GRANTEE KALAOA CREEK RANCH,LLC,a Hawaii limited liability
company
DATED June 12,2013
RECORDED Document No. A-49250897
SUBJECT,HOWEVER,to the following:
l.. Mineral and water rights of any nature.
2. Any and all existing roadways,trails,easements,rights of way,flumes and irrigation
ditches.
3. Location of the boundary of Kaluakot Gulch, Lahalaha Gulch,Ateamai Stream,Kalaoa
Stream and Hanawi Stream and the effect, if any, upon the area of the land described
herein, and the free flowage thereof.
4. GRANT
TO HILO ELECTRIC LIGHT COMPANY,LIWTED,.a
Hawaii.corporation,now known as HAWAII ELECTRIC
LIM COMPANY,INC.
DATED June 12,.I974
RECORDED Liber 10017 Page 1,35
GRANTING a non,-exclusive right and easement for utility purposes over
Easement"23",being more particularly described therein
5_ Any claim or boundary dispute which may exist or arise by reason of the failure of the
GRANT OF EASEMENT dated December 13,2002,recorded as Document No.2002-
227898,referred to in Schedule C, to locate with certainty the boundaries of the
Easement C-1(A8)Ginger patch Road described in said instrument.
15
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6. Claims arising out of customary and traditional rights and practices, including without
limitation thosei exercised for subsistence, cultural,religious, access or gathering
purposes, as.provided for in the Hawaii Constitution or the Hawaii Revised Statutes.
7. DESIGNATION OF EASEMENT Fill$.
PURPOSE access and utility
REFERENCED on subdivision reap prepared by Mussel[Figueiroa, Land
Surveyor with R. M.Towill Corporation,dated October 14,
2004,approved by the County of Hawaii;Subdivision
Number 7880,on November 16,2004
8, DESIGNATION OF EASEMENT"S"
PURPOSE access and utility
REFERENCED on subdivision snap prepared by Russell Figueiroa, Land
Surveyor with R.M. Towill Corporation, dated October 14,
2004, approved by the County of Hawaii,Subdivision.
Number 7880,on November 16,2004
9. DESIGNATION OF EASEMENT 117"
PURPOSE access and utility
REFERENCEDon subdivision inap,prepared by Russell Fib eiroa,Land
Surveyor with R.M.Towill Corporation,dated October_t4,
2004,approved by the County of Hawaii,Subdivision
Number'7980,on November 16,2004
10...DESIGNATION OF EASEMENT "10"
PURPOSE access and utility
REFERENCED on subdivision map prepared by Russell Figueiroa,Land
Surveyor with R. lvi. Towill Corporation;dated October 14,
2004, approved by the County of Hawaii, Subdivision
Number 7880,on November 16,2004
11. Any claim or boundary dispute which may exist or arise by reason of the failure of the
GRANT OF EASEMENT dated August 24,2006,recorded as Document No, 2006-
163005,referred to in Schedule C,to locate with certainty the boundaries of the 50`wide
road and utility easement described in said instrument.
12.Any claim or boundary dispute which may exist or arise by reason of the failure of,the
GRANT OF EASEMENT dated August 24,2006,recorded as Documerit No.2006-
16
163008,referred to in Schedule C,to locate with certainty the boundaries of the 30'wide
road easement described in said instrument.
13,GRANT
TO 13RANDI BRIANNA ALDERSON
DATED August 24,2006
RECORDED Document No,2006-163005
GRANTING a 50' wide.non exclusive easement for road and utiliiy
purposes over,across and-under Easement 10
14. Any claim or boundary dispute which may exist or arise by reason of the failure of the
Declaration of Easements for Roadway and Utility Purposes referred to in Schedule C to
locate with certainty the boundaries of the Easemehts "547` "554-A" and"546"
described in said instrument.
15. The terms and provisions contained in the following:
INSTRUMENT DECLARATION OF EASEMENTS FOR ROADWAY.
AND UTILITY PURPOSES
DATED September 2,2010
RECORDED Document No,LQ10-195224
Re.. Easements" ", "5% It T'and
"1 00
16.The terms and provisions contained in the following;
INSTRUMENT LIMITED WARRANTY PARTITION DEED
DATED September 2,2010
RECORDED Document No,2010-195229
17. Any unrecorded leases and matters arising from or affecting the same.
18.Discrepancies,conflicts in boundary lines, shortage in area,encroachments or any other
matters which a correct survey or archaeological study would disclose.
19. Any lien(or claim of lien)for services, labor or material arising from an improvement or
work related to the land described in Schedule C herein.
17
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END OF EXRIBIT A
18
Mitchell D. Roth szkowicz
Benjamin T. Mo
Mayor Police Chief
Reed K. Mahuna
Deputy Police Chief
County of Hawail
POLICE DEPARTMENT
349 Kapi'olani Street • Hilo,Hawaii 96720-3998
(808)935-3311 Fax(808)961-2389
October 8, 2024
Mr. John Pipan
Planning Administrator
Land Planning Hawaii LLC
194 Wiwoole Street
Hilo, Hawaii 96720
Email: info(cblandgianninghawaii.com
Dear Mr. Pipan:
SUBJECT: EARLY REQUEST FOR COMMENT REGARDING PROPOSED
SPECIAL PERMIT REQUEST TO HOST AN ANNUAL EVENT
Staff, upon reviewing the documents available, does not anticipate any
significant impact to traffic with all vehicles being located on the subject
property during the event and not on Indian Tree Road or Hawaii Belt Road.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact our South Hilo District Commander,
Captain Brian Prudencio, at (808) 961-2316 or via email at
Brian.Prudencio@hawaiicounty.gov.
Sincerely,
A.a' 0 W ISSISTANT POLICE CHIEF
BP:ws/24HQ1048
"Hawai'i County is an Equal Opportunity Provider and Employer"
EXHIBIT B