HomeMy WebLinkAboutORD 2021-067 2020-2022 •CP'�L
COUNTY OF HAWAII : tNr STATE OF HAWAII
BILL NO. 65
ORDINANCE NO. 21 67
AN ORDINANCE AUTHORIZING THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT,DESIGNATED AS HAWAII COUNTY COMMUNITY FACILITIES DISTRICT
NO. 1-2021 (KALOKO HEIGHTS PROJECT),INCLUDING THE TERM AND BOUNDARIES
OF THE DISTRICT,THE IMPROVEMENTS AND INCIDENTAL EXPENSES TO BE
FUNDED THEREBY AND THE MAXIMUM PRINCIPAL AMOUNT OF BONDS TO BE
ISSUED FOR SUCH IMPROVEMENTS AND INCIDENTAL EXPENSES; AUTHORIZING
THE LEVY OF A SPECIAL TAX ON PROPERTIES WITHIN SUCH DISTRICT AND THE
RATE AND METHOD OF APPORTIONMENT FOR THE SPECIAL TAX; AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS REGARDING THE DISTRICT,AND
AUTHORIZING CERTAIN FURTHER ACTIONS WITH RESPECT THERETO.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose of Ordinance; Preliminary Findings and Determinations.
The purpose of this ordinance is to provide for (a)the formation of a community facilities district
to be known as the "Hawai`i County Community Facilities District No. 1-2021 (Kaloko Heights
Project)" (the "District") pursuant to the provisions of Chapter 32, Hawai`i County Code 1983
(2016 Edition, as Amended) ("Chapter 32," with all references herein to Articles and Sections,
unless otherwise defined, being intended to mean and refer to the appropriate Articles and
Sections within Chapter 32) and (b) the levy of the special tax on properties within the District
(the "Special Tax") pursuant to Chapter 32. In furtherance thereof, the Council (the "Council")
of the County of Hawaii (the"County") hereby finds and determines as follows:
(a) The Council has received a signed petition dated June 24, 2021 (the "Petition")
from RCFC Kaloko Heights, LLC, a Delaware limited liability company, Kaloko Heights BIA
Holdings, LLC, a Delaware limited liability company, and Kaloko Heights Investors, LLC, a
Delaware limited liability company (collectively, the "Petitioner"), requesting that the Council
initiate proceedings pursuant to Chapter 32 to form the District, the boundaries of which are
shown on a map attached as Exhibit C to the Petition and filed with the Director of Finance of
the County (the "Boundary Map"), for the purpose of financing the acquisition and construction
of the special improvements (the "Improvements") described in Exhibit B to the Petition.
(b) In response to the Petition, the Council adopted Resolution No. 158-21 on July 7,
2021 (the "Resolution of Intention") to authorize the initiation of proceedings for the
establishment of the District, the funding of the cost of the Improvements and incidental
expenses pertaining to the District ("Incidental Expenses"), the levy of the Special Tax and the
issuance of bonds secured by the Special Tax (the "Bonds").
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(c) The Resolution of Intention further directs the Director of the Department of
Environmental Management to study the District and the Improvements and prepare and submit
to the Council a report thereon (the "CFD Report") within sixty (60) days after the adoption of
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the Resolution of Intention as provided in Section 32-21. The CFD Report, dated July 30, 2021,
has been prepared and submitted to the Council, as provided in the Resolution of Intention, and
has been filed with the records of the meeting of the Council held on August 18, 2021. The 3
Council is relying on the information contained in the CFD Report in making the findings and
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determinations set forth in this Ordinance.
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(d) Pursuant to the Petition, the Petitioner: (i) represents that it is the owner of one hundred
percent(100%) of the land shown on the Boundary Map which is not to be exempt from the
Special Tax, and there are no lessees of such land who, by the express terms of any existing
leases, are obligated to pay the Special Tax; and(ii) waives the right to a public hearing on the
establishment of the District as provided in Section 32-24. Accordingly, the Council has
determined pursuant to the Resolution of Intention that it is unnecessary to conduct a public
hearing or give notice of public hearing prior to the adoption of this Ordinance.
SECTION 2. Further Findings, Determinations and Orders. In accordance with the
applicable provisions of Chapter 32, the Council hereby finds, determines and orders as follows:
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(a) Formation and Name of the District. The Council hereby finds and determines
that the establishment of the District is in the best interest of the people of the County of Hawaii
and, accordingly, hereby orders the formation of the District in accordance with Chapter 32 and
the further provisions hereof. The District shall be known as "Hawai`i County Community
Facilities District No. 1-2021 (Kaloko Heights Project)."
(b) Term of the District. The term of the District shall be sixty (60) years,
commencing with the fiscal year ending June 30, 2022; provided that the term of the District
shall not expire in any event until such time as all debt service on any Bonds and other debt
incurred pursuant to Chapter 32 and all Incidental Expenses that are due and payable with
respect to the District have been fully paid or payment duly provided for.
(c) Boundaries of the District. The boundaries of the District shall be as shown on
the Boundary Map, a copy of which is on file in the office of the Director of Finance of the
County, and shall include the parcels of land more particularly described in Exhibit D attached
hereto.
(d) The Improvements to be Financed by the District. The Improvements authorized
to be financed by proceeds of the Special Tax and/or the proceeds of sale of Bonds, if issued,
shall be the special improvements described in Exhibit A attached hereto and by this reference
incorporated herein. As stated in the CFD Report, the costs of the Improvements are currently
estimated to be $11,496,724. Funds to pay the costs of the Improvements shall be disbursed in
accordance with the Project Funding Agreement(as hereinafter defined).
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(e) The Incidental Expenses to be Paid from the Special Tax and the Bonds. The
Incidental Expenses authorized to be paid from the proceeds of the Special Tax and/or the
proceeds of the sale of Bonds, if issued, shall be the Incidental Expenses described in Exhibit B
attached hereto and by this reference incorporated herein.
The Rate and Method of Apportionment of the Special Tax. The Special Tax
shall be determined and apportioned in accordance with the Final Rate and Method of
Apportionment (the "RMA") in the form attached as Exhibit C hereto and by this reference
incorporated herein.
(g) The Principal Amount of Bonds of the District. The aggregate principal amount
of Bonds to be issued and sold with respect to the District shall not exceed $22.0 Million, the
proceeds of which Bonds shall be used to pay all or a portion of the costs of the Improvements
and the Incidental Expenses relating to the Improvements and the issuance of the Bonds. The
issuance of such Bonds shall be authorized by further ordinance enacted pursuant to Article 6.
(h) Project Funding Agreement. Funds to pay the costs of the Improvements
shall be disbursed in accordance with a Project Funding Agreement(the "Project
Funding Agreement")to be entered into between the County and the Petitioner or
Petitioner's authorized representative(s). The form and execution of the Project
Funding Agreement shall be subject to approval by the Council.
SECTION 3. Lew of Special Tax. In accordance with Article 5, the Council hereby
levies the Special Tax upon all taxable parcels of land within the District. The Special Tax shall
be apportioned pursuant to the RMA, and the lien thereof shall be on a parity with the lien of
general real property taxes and the lien of assessments levied under Section 46-80, Hawaii
Revised Statutes; provided, however, that if collections of real property taxes, Special Taxes and
assessments levied on a property (including any proceeds of foreclosure, if in a single
foreclosure sale to satisfy all delinquent real property taxes, Special Taxes and assessments) are
insufficient to pay the total amount due with respect to all real property taxes, Special Taxes and
assessments on the property,then the Director may apply the amount collected first to real
property taxes, second to the Special Tax levied hereunder, and third to assessments. In the
event of delinquency, the Special Tax shall be subject to penalties, interest, fees and charges at
the same rates as are applicable to delinquent real property taxes, as in effect from time to time.
The Director of Finance or such official's designee is hereby appointed as the CFD
Administrator, as said term is defined in the RMA,to determine, adjust and levy the annual
amount of Special Tax due from each owner of Taxable Property, as said term is defined in the
RMA, all in accordance with the provisions of the RMA. Proceeds of the Special Tax shall be
used only to pay the costs of the Facilities, to pay debt service on the Bonds or other debt
authorized and issued for the District pursuant to Article 5, and to pay Incidental Expenses. The
Special Tax shall be levied pursuant to this ordinance only as long as needed to pay such costs,
debt service and Incidental Expenses.
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SECTION 4. Finding of Validity. The Council hereby finds and determines that all of
the proceedings for the formation of the District are valid and in conformity with the
requirements of Chapter 32, and this finding shall be final and conclusive.
SECTION 5 Notice of Special Tax Authorization. Within 15 days of the effective date
of this Ordinance, the Director of Finance shall file a notice of special tax authorization with
respect to the District, such notice to be given in the manner and to include the information
prescribed by Section 32-32.
SECTION 6 Repeal of Conflicts. All ordinances and resolutions, and any
portions of ordinances and resolutions, heretofore enacted or adopted by the Council
which are in conflict or inconsistent with any provision of this ordinance shall be and are
hereby repealed to the extent of such conflict or inconsistency.
SECTION 7 Severability. If any provision of this ordinance or application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this ordinance which can be given effect without the invalid
provision or application, and to this end,the provisions of this ordinance are declared to
be severable
SECTION 8. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL Mk BE'. COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: September 8, 2021
Date of 1st Reading: September 8, 2021
Date of 2nd Reading: September 22, 2021
Effective Date: October 6, 2021
REFERENCE Comm. 377
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EXHIBIT A
Description of Authorized Improvements
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DESCRIPTION OF AUTHORIZED FACILITIES
The Improvements to be funded for the District shall consist of a sewer line extension y
and related improvements beginning at the west (makai) boundary of the Project, extending
makai within Hina Lani Street and then along Ane Keohokalole Highway to the existing sewer
line terminus in the vicinity of the West Hawaii Civic Center. All of the Improvements to be
funded will be owned and operated by the County.
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A-1
EXHIBIT
DESCRIPTION OF AUTHORIZED INCIDENTAL EXPENSES
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A. Initial Incidental Expenses. It is anticipated that the following incidental
expenses may be incurred by the County and/or the Petitioner in the proceedings for formation of
the District, implementation of the authorized Improvements and related bond financing and will
be payable or reimbursable from proceeds of the Special Tax Bonds or directly from the
proceeds of the Special Taxes:
• Engineering, Architectural (Building and Landscape), Geotechnical and
Environmental and Related, Miscellaneous Consulting services
• Survey, Staking and Contract Administration services
• Archeological and Cultural Monitoring services
• Permits, Plan Check Fees, Entitlement Processing Fees and Expenses I
• Special tax consultant services
• County staff review, oversight and administrative services
• Bond Counsel, Special Tax Counsel and Disclosure Counsel services and other legal
services
• Financial advisor services
• Special tax administrator services
• Appraiser/Market absorption consultant services
• Initial bond transfer agent, fiscal agent, registrar and paying agent services, j
and rebate calculation service set up charge j
• Escrow services
• Bond printing
• Oficial Statement printing and mailing
• Publishing, mailing and posting of notices
• Recording fees
• Underwriter's discount, fees and expenses
• Bond reserve fund
• Capitalized interest
• Governmental notification and filing fees
• Credit enhancement costs
• Real estate acquisition costs
• Rating agency fees a
• Other costs of bond issuance or special tax/district administration
B. Recurring Incidental Expenses. The expenses of certain recurring services
pertaining to the Proposed District may be included in each annual special tax levy. These may
include:
• Trustee, bond transfer agent, registrar and paying agent services
• Rebate calculation services and periodic arbitrage rebate payments
• Special tax administrator services
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418762.4
• Appraisal services
• Other necessary consultant services incidental to the administration of the Proposed
District
• Rating agency fees
• Posting, collecting and enforcing payment of the special taxes, including but not limited
to foreclosure attorneys' services
• Personnel and administrative services provided by County personnel
• Continuing disclosure services
The enumeration of initial and recurring Incidental Expenses under A and B
above is supplemented in its entirety by the items listed in the definition of "Administrative
Expenses," set forth in the Rate and Method of Apportionment, and shall not be regarded as
exclusive but rather shall be deemed to include any other incidental expenses within the meaning
of Chapter 32 which may be incurred from time to time with respect to the District. Without
limiting the generality of the foregoing, all expenditures made from the funds deposited by the
Petitioner with the County to defray the County's expenses of the proceedings for the District,
implementation of authorized Improvements and related bond financings, and all amounts paid
by the Petitioner to third parties providing services in connection therewith, shall constitute
authorized Incidental Expenses reimbursable to the Petitioner from either proceeds of the Special
Taxes or proceeds of sale of the Bonds for the District.
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EXHIBIT C
HAWAII COUNTY
COMMUNITY FACILITIES DISTRICT No. 1-2021
(KALOKO HEIGHTS PROJECT)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Tax Map Key Parcel in Hawaii County Community
Facilities District No. 1-2021 (Kaloko Heights Project) ("CFD No. 1-2021") shall be
levied and collected according to the tax liability determined by the County Council of
the County of Hawaii, through the application of the appropriate amount or rate for
Taxable Property, as described below. All of the property in CFD No. 1-2021, unless
exempted by law or by the provisions of Section F below, shall be taxed for the purposes,
to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of a TMK Parcel as shown on a Tax Map, or
if the land area is not shown on a Tax Map, the land area shown on the applicable Final
Plat Map, Development Plan, condominium plan, or other recorded parcel map.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration of CFD No. 1-2021: the costs of computing the
Special Taxes and preparing the annual Special Tax collection schedules; the costs of
collecting the Special Taxes (whether by the County or otherwise); the costs of remitting
the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in
the discharge of the duties required of it under the Indenture; the costs to the County of
complying with arbitrage rebate requirements; the costs to the County of complying with
disclosure requirements associated with applicable federal and state securities laws and of
the Code; the costs associated with preparing Special Tax disclosure statements and
responding to public inquiries regarding the Special Taxes; the costs of the County
related to an appeal of the Special Tax; the costs associated with the release of funds from
any escrow account; the County's administration fees and third party expenses; the costs
of County staff time and reasonable overhead relating to CFD No. 1-2021; the costs
incurred by the County in connection with the termination of the Special Tax in Tax Zone
2; and amounts estimated or advanced by the County for any other administrative
purposes of CFD No. 1-2021, including attorney's fees and other costs related to I
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
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Hawaii County CFD No.1-2021 1 June 23,2021
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"Assigned Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section C.I.a.I below.
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"Authorized Improvements" means those facilities that are authorized to be funded by
CFD No. 1-2021.
"Backup Special Tax" means the Special Tax for each Land Use Class of Developed
Property, as determined in accordance with Section C.La.2 below.
"Bonds" means bonds or other debt pursuant to Article 6 of the Code, whether in one or
more series, issued, incurred, or assumed to fund Authorized Improvements.
"Buildable Lot" means an individual lot within a Final Plat Map, for which a Building
Permit may be issued without further subdivision of such lot.
"Building Permit" means a single permit or set of permits required to construct a
residential or non-residential structure, other than a permit issued for a foundation,
parking, landscaping, or other related facility or amenity if a building permit has not yet
been issued for the structure served by these facilities or amenities.
"Capitalized Interest" means funds in any capitalized interest account available to pay
interest on Bonds.
"CFD Administrator" means the person or firm designated by the County to administer
the Special Taxes according to this RMA.
"CFD Formation" means the date on which the Ordinance of Formation became
effective.
"Code" means the Community Facilities Districts Code (1994, Ord. No. 94-77, sec. 3),
being Chapter 32 of the Hawaii County Code 1983 (2009 Edition, as amended).
"County" means the County of Hawaii.
"County Council" means the County Council of the County of Hawaii.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Final Mapped Property and Taxable Property Owner Association Property, for which a
Building Permit for new construction was issued prior to March I of the preceding Fiscal
Year.
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"Development Plan" means a site plan or other development plan, which may be
updated from time to time, that identifies such information as the type of structure,
acreage, and/or square footage that is approved to be developed on Taxable Property
within CFD No. 1-2021.
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Hawai'i County CFD No. 1-2021 2 June 23,2021
"Expected Land Uses" means the number of Units within each Land Use Class of
Residential Property, the Acreage of Other Residential Property, and the Acreage of Non-
Residential Property expected within Tax Zone 1, as identified in Attachment 2 of this
RMA. Attachment 2 may be updated within 30 days prior to the First Bond Sale and
each time there is a Land Use Change thereafter.
"Expected Maximum Special Tax Revenues" means the annual amount of revenue that
would be available in Tax Zone 1 if the Maximum Special Tax was levied on the
Expected Land Uses. The Expected Maximum Special Tax Revenues at the time of
approval of this RMA are shown in Attachment 2, and such amount may be adjusted
pursuant to Section C or if TMK Parcels within Tax Zone 1 prepay all or a portion of the
Special Tax obligation.
"Final Plat Map" means a final map approved by the County Planning Director pursuant
to the Subdivision Control Code (Hawai`i County Code Chapter 23) that creates
individual lots on which Building Permits for new construction may be issued without
further subdivision.
"Final Mapped Property" means, for each Fiscal Year, all Taxable Property, exclusive
of Developed Property and Taxable Property Owner Association Property, which as of
March 1 of the previous Fiscal Year was located within a Final Plat Map. The term Final
Mapped Property shall include any parcel map or Final Plat Map, or portion thereof, that
creates individual lots that cannot be further subdivided and for which a Building Permit
may be issued(but has not actually been issued).
"First Bond Sale" means issuance of the first series of Bonds secured, in whole or in
part, by Special Taxes levied and collected from TMK Parcels in Tax Zone 1.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution, or other instrument
pursuant to which Bonds are issued, as modified, amended, and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
"Land Use Change" means a change to the Expected Land Uses within Tax Zone 1 after
CFD Formation, which shall include but not be limited to, approval of Final Plat Maps
that reflect a different number of Buildable Lots, issuance of Building Permits that will
result in a different number of Units in a particular Land Use Class, or issuance of
Building Permits that reflect a different amount of Other Residential Property Acreage or
Non-Residential Property Acreage than that shown in the Expected Land Uses, as
determined by the CFD Administrator.
"Land Use Class" means any of the classes listed in Table 1 below.
"Land Value" means the appraised value, or the assessed value on the current County
Real Property Tax Office tax roll, of a TMK Parcel, whichever is less. The CFD
Hawaii County CFD No. 1-2021 3 June 23,2021
Administrator shall direct that a Short Form Appraisal be prepared to determine the
appraised value.
"Maximum Special Tax" means the greatest amount of Special Tax that can be levied
on a TMK Parcel in any Fiscal Year determined in accordance with Section C below.
"Maximum Special Tax Revenues" means, at any point in time, the aggregate revenue
that can be generated if the Maximum Special Tax is levied on all TMK Parcels of
Taxable Property in Tax Zone 1.
"Non-Residential Property" means, for each Fiscal Year, all TMK Parcels of
Developed Property for which a Building Permit was issued by the County after January
1, 2020, and before March 1 of the prior Fiscal Year, permitting the construction of one
or more non-residential structures or facilities.
"Other Residential Property" means all TMK Parcels of Developed Property for which
a Building Permit was issued by the County for purposes of constructing Units, excluding
Single Family Attached Property and Single Family Detached Property.
"Ordinance of Formation" means the ordinance adopted by the County Council to form
CFD No. 1-2021.
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"Property Owner Association Property" means any property within the boundaries of
CFD No. 1-2021 that was owned by a property owner association, including any master
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or sub-association, as of March 1 of the prior Fiscal Year.
"Proportionately" means (i) for Developed Property in the first step of Section D.1
below, that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal
for all TMK Parcels of Developed Property; (ii) for Developed Property in the fourth step
of Section D.1 below, that the amount of the increase above the Assigned Special Tax, if
necessary, is equal for all TMK Parcels of Developed Property, except that if the Backup
Special Tax limits the increase on any TMK Parcel(s), then the amount of the increase
shall be equal for the remaining TMK Parcels; (iii) for Final Mapped Property, that the
ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all TMK
Parcels of Final Mapped Property, separately for Tax Zone 1 and Tax Zone 2; (iv) for
Undeveloped Property, that the ratio of the actual Special Tax levy to the Maximum a
Special Tax is equal for all TMK Parcels of Undeveloped Property, separately for Tax
Zone 1 and Tax Zone 2; and (v) for Taxable Property Owner Association Property, that
the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all TMK
Parcels of Taxable Property Owner Association Property, separately for Tax Zone 1 and
Tax Zone 2.
"Public Property" means any property within the boundaries of CFD No. 1-2021 that(i)
is owned by or irrevocably offered for dedication to the federal government, the State of
Hawaii, the County, or other public agency, provided however that any property leased
by a public agency to a private entity and subject to taxation under Section 32-54 of the
Hawai'i County CFD No. I-2021 4 June 23,2021
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Code shall be classified and taxed in accordance with its use; or (ii) is encumbered by a
road, access, public utility easement or other easement or recorded restriction for public
use or preservation making impractical its use for any purpose other than that set forth in
the easement or recorded restriction.
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"Required Coverage" means the percentage by which the Expected Maximum Special
Tax Revenues must exceed the sum of annual Bond debt service and annual required
Administrative Expenses, as set forth in the Indenture or other formation or Bond
document that sets forth the minimum required debt service coverage. 3
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"Residential Floor Area" means all of the Square Footage of living area within the 3
perimeter of a Unit, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area shall be as
set forth in the Building Permit(s) issued for such TMK Parcel, or as set forth in other
official records maintained by the County's Building Division or other appropriate means
selected by the CFD Administrator. The actual Square Footage shall be rounded up to
the next whole square foot. Once such determination has been made for a TMK Parcel, it
shall remain fixed in all future Fiscal Years unless an appeal is approved that results in a
change in the actual Square Footage.
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"Residential Property" means, for each Fiscal Year, a TMK Parcel for which a Building
Permit for new construction of one or more Units was issued after January 1, 2020, and
before March 1 of the prior Fiscal Year. 3
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"RMA" means this Rate and Method of Apportionment of Special Tax.
"Short Form Appraisal" means a limited appraisal of the land value of a TMK Parcel
prepared by a qualified appraiser, as determined by the CFD Administrator, using a form
similar to Fannie Mae Form 2055, which is also known as an "exterior-only inspection
residential appraisal report" designed to contain a limited amount of data about the
subject property and to utilize the sales comparable approach as its sole approach to
concluding value.
"Single Family Attached Property" means all TMK Parcels of Developed Property for
which a Building Permit was issued for construction of a residential structure consisting
of two or more Units that share common walls, have separate Tax Map Keys assigned to
them, and may be purchased by individual homebuyers (which shall still be the case even
if the Units are purchased and subsequently offered for rent by the owner of the Unit),
including such residential structures that meet the statutory definition of a condominium.
"Single Family Detached Property" means all TMK Parcels of Developed Property for
which a Building Permit was issued for construction of a Unit, on one legal lot, that does
not share a common wall with another Unit. '
"Single Family Property" means all TMK Parcels of Single Family Attached Property
and Single Family Detached Property.
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Hawaii County CFD No. 1-2021 5 Tune 23,2021
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"Special Tax" means a special tax levied in any Fiscal Year to pay the Tax Zone I
Special Tax Requirement or Tax Zone 2 Special Tax Requirement.
"Square Footage" or "Sq. Ft." means the floor area square footage reflected on the
original construction Building Permit, or as set forth in other official records maintained
by the County's Building Division or other appropriate means selected by the CFD
Administrator, issued for construction of Residential Property or Non-Residential
Property, plus any square footage subsequently added to a building of Non-Residential
Property after issuance of a Building Permit for expansion or renovation of such building.
"Taxable Property" means all of the TMK Parcels within the boundaries of CFD No. 1-
2021 that are not exempt from the Special Tax pursuant to law or Section F below.
"Taxable Property Owner Association Property" means, for each Fiscal Year, all
TMK Parcels of Property Owner Association Property that are not exempt from the
Special Tax pursuant to law or Section F below.
"Tax Map" means an official map of the County designating parcels by Tax Map Key.
"Tax Map Key" or "TMK" means a unique number that is assigned by the County to
identify each lot or parcel or condominium within the County's boundaries.
"Tax Map Key Parcel" or "TMK Parcel" means a lot or parcel shown on a Tax Map
with an assigned TMK.
"Tax Zone" means a mutually exclusive geographic area, within which particular
Special Tax rates may be levied pursuant to this RMA. Attachment 1 identifies the two
Tax Zones in CFD No. 1-2021.
"Tax Zone V means the geographic area that was identified at CFD Formation by TMK
Parcels 3-7-3-009-057, 3-7-3-009-058, 3-7-3-009-059, 3-7-3-009-060, 3-7-3-009-061, 3-
7-3-009-062, 3-7-3-009-070, and 3-7-3-009-071, is designated in Attachment 1 of this
RMA as Tax Zone 1, and is commonly referred to as Kaloko Heights Phase 1.
"Tax Zone 1 Special Tax Requirement" means the sum of the amounts necessary in
any Fiscal Year to: (i) pay Administrative Expenses up to $50,000, which amount shall
escalate at a rate of two percent (2.0%) per year beginning in Fiscal Year 2022-23; (ii)
pay principal and interest on Bonds which are due in the calendar year that begins in such
Fiscal Year; (iii) create and/or replenish reserve funds for the Bonds; (iv) cure any
delinquencies in the payment of principal or interest on Bonds which have occurred in
prior Fiscal Years or (based on existing delinquencies in the payment of Special Taxes)
are expected to occur in the Fiscal Year in which the tax will be collected; (v) pay all
remaining Administrative Expenses in excess of the amount determined in (i) above; and
(vi) pay the costs of Authorized Improvements provided that Special Taxes shall not be
collected from Taxable Property Owner Association Property for this purpose. The
Hawai'i County CFD No. 1-2021 6 Jane 23,2021
amounts referred to in clauses (ii) and (iii) of the preceding sentence may be reduced in
any Fiscal Year by: (i) interest earnings on or surplus balances in funds and accounts for
the Bonds to the extent that such earnings or balances are available to apply against debt
service pursuant to the Indenture; (ii) proceeds received by the County for CFD No. 1-
2021 from the collection of penalties associated with delinquent Special Taxes; and (iii)
any other revenues available to pay debt service on the Bonds as determined by the CFD
Administrator.
"Tax Zone 2" means the geographic area that was identified at CFD Formation by TMK
Parcel 3-7-3-009-019, is designated in Attachment I of this RMA as Tax Zone 2, and is
commonly referred to as Kaloko Heights Phase 2.
"Tax Zone 2 Special Tax Requirement" means the amount necessary at any point in
time to cure delinquencies in the payment of Special Taxes levied in Tax Zone 1 on Final
Mapped Property and Undeveloped Property.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property, Final Mapped Property, or Taxable Property Owner
Association Property.
"Unit" means an individual single-family detached or attached home, townhome,
condominium, apartment, or other residential dwelling unit, including each separate
living area within a half-plex, duplex, triplex, fourplex, or other residential structure.
B. DATA FOR ADMINISTRATION OF THE SPECIAL TAX
Each Fiscal Year, beginning with Fiscal Year 2021-22, all Taxable Property within CFD
No. 1-2021 shall be assigned to Tax Zone I or Tax Zone 2 and, within each Tax Zone,
shall be classified as Developed Property, Final Mapped Property, Undeveloped
Property, or Taxable Property Owner Association Property, and shall be subject to
Special Taxes in accordance with this RMA as determined pursuant to Sections C and D
below. TMK Parcels of Developed Property within Tax Zone 1 shall be further classified
as Single Family Detached Property, Single Family Attached Property, Other Residential
Property, or Non-Residential Property. TMK Parcels of Single Family Detached
Property shall be assigned to Land Use Classes I through 7, as listed in Table 1 below
based on the Residential Floor Area of the Units on such TMK Parcels, and TMK Parcels
of Single Family Attached Property shall be assigned to Land Use Class 8. Also, Other
Residential Property shall be assigned to Land Use Class 9, and Non-Residential Property
shall be assigned to Land Use Class 10.
The Expected Maximum Special Tax Revenues shown in Attachment 2 were calculated
based on the Expected Land Uses at the time of adoption of this RMA and are subject to
modification upon the occurrence of Land Use Changes and prepayments, as described
Hawai'i County CFD No. 1-2021 7 June 23,2021
below. At least quarterly after the First Bond Sale, the CFD Administrator shall review
all new Building Permits, Final Plat Maps, condominium plans, and any other project
information that has changed from the prior quarter. In addition,the CFD Administrator
shall, on an ongoing basis, review all Land Use Changes. With each review, the CFD
Administrator shall compare the revised land uses to the Expected Land Uses to
evaluate the impact on the Expected Maximum Special Tax Revenues. Prior to the First
Bond Sale and issuance of any subsequent series of Bonds, and together with the CFD
Administrator's review on at least a quarterly basis, the owners of all TMK Parcels for
which Building Permits have yet to be issued shall provide the CFD Administrator with
a written confirmation of the Expected Land Uses on each TMK Parcel.
C. MAXIMUM SPECIAL TAX
1. Tax Zone I
a. Developed Property
The Maximum Special Tax that may be levied in any Fiscal Year on each
TMK Parcel in Tax Zone I classified as Developed Property shall be the
greater of (i) the amount derived by application of the Assigned Special
Tax or(ii)the amount derived by application of the Backup Special Tax.
1) Assigned Special Tax
The Assigned Special Tax that may be levied in any Fiscal Year
for each Land Use Class is shown in Table I on the following
page.
Hawai'i County CFD No. 1-2021 8 June 23,2021
TABLE I
TAX ZONE 1
ASSIGNED SPECIAL TAX—DEVELOPED PROPERTY
Land Residential Assigned
Use Description Floor Area Special Tax
Class (Square (Fiscal Year
Footage) 2021-22)*
ISingle Family Detached Property < 1,601 $1,663 per Unit
......................... -..... ..... __............- - ......................... ........................... ...........
2 Single Family Detached Property 1,601 — 1,800 $1,913 per Unit
............... .......... ....................... ........................
3 Single Family Detached Property 1,801 —2,000 $2,163 per Unit
p
................. ........y....__ .......... ............I'll................ ......................-
4 Single FamilDetached Property 2,001 —2,200 $2,5')7 per Unit
............. ............................................- .................................... ................ ... .........-
5 Single Family Detached Property 2,201 —2,400 $2,869 per Unit
.......... ................ ....... ..... .... ..... .....
6 Single Family Detached Property 2,401 —2,600 $3,119 per Unit
..... ........................... .. ..... .... ..................-11 11................
7 Single Family Detached Property >2,600 $3,410 per Unit
8 Single Family Attached Property $1,281 per Unit
9 Other Residential Property $11,298 per Acre
10 Non-Residential Property $11,298 per Acre
On July 1, 2022, and on each July I thereq/ter, all of the Assigned Special Tax
rates shown in Table I above shall be increased by an amount equal to two
percent (2.0%) of the amount in ef
,fect.for the prior Fiscal Year.
2) Backup Special Tax
Prior to the First Bond Sale, if a Land Use Change occurs that
results in a change in Expected Maximum Special Tax Revenues,
no action will be needed pursuant to this Section C.I.a.2. Upon
identification of the Land Use Change, the CFD Administrator
shall update Attachment 2 to reflect the revised Expected
Maximum Special Tax Revenues, which shall then be the amount
used to size the Bonds being issued.
After the First Bond Sale, if a Land Use Change occurs that
results in a change in Expected Maximum Special Tax Revenues,
no action will be needed pursuant to this Section C.I.a.2 as long
as the Required Coverage will still be achieved. Upon
identification of the Land Use Change, the CFD Administrator
shall update Attachment 2 to show the revised Expected
Maximum Special Tax Revenues.
If the CFD Administrator determines that a Land Use Change
would result in a failure to achieve the Required Coverage, the
Hawaii County CFD No. 1-2021 9 June 23,2021
Backup Special Tax shall be calculated by application of the
following steps:
Step 1: Determine the Maximum Special Tax Revenues needed
to maintain Required Coverage.
Step 2: Increase Proportionately the Assigned Special Tax for
each Land Use Class within the Expected Land Uses
that was not Developed Property in the prior Fiscal Year
up to the amounts needed so that the Expected
Maximum Special Tax Revenues equal the amount
computed in Step 1.
Step 3: The Backup Special Tax for each Land Use Class of
Expected Land Uses that was not Developed Property in
the prior Fiscal Year shall be the amount calculated in
Step 2.
Step 4: The Backup Special Taxes identified in Step 3) shall
increase on July 1 of the next Fiscal Year, and each July
1 thereafter, by an amount equal to two percent (2.0%)
of the amount in effect for the prior Fiscal Year.
After determining the Backup Special Tax, the CFD
Administrator shall adjust Attachment 2 to reflect the Expected j
Land Uses and Expected Maximum Special Tax Revenues after
the Land Use Change that necessitated the levy of the Backup
Special Tax.
The duties imposed on the CFD Administrator to review Land Use
Changes, Final Plat Maps, and Building Permits, and to make the
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calculations set forth above, are intended only to facilitate
administration of the Special Tax and to better ensure the
sufficiency of tax capacity to pay debt service on Bonds. Such
duties are not intended to give any developer, subdivider, or owner
of property in CFD No. 1-2021 any right to receive notice of the
potential impact of Land Use Changes, but each such developer,
subdivider, or owner of property is responsible for understanding
that a Backup Special Tax may be levied because of a Land Use
Change. Further, each developer, subdivider, or owner of property
in CFD No. 1-2021 that is not Developed Property is required to
provide information and documentation to, and to coordinate with,
the CFD Administrator on at least a quarterly basis to confirm
anticipated Land Use Changes and determine Expected Land Uses.
Hawat'i County CFD No. I-2021 10 June 23,2021
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The Backup Special Tax for a TMK Parcel shall not change once
a TMK Parcel is classified as Developed Property, provided,
however, that the Backup Special Tax on a TMK Parcel of
Developed Property shall increase each July I by an amount
equal to two percent (2.01) of the amount in effect for the prior
Fiscal Year.
3) Multiple Land Use Classes on a TMK Parcel
In some instances, a TMK Parcel of Developed Property may
contain more than one Land Use Class. The Maximum Special
Tax levied on such TMK Parcel shall be the sum of the Maximum
Special Tax for all Units of Single Family Property and Acres of
Other Residential Property and Non-Residential Property (based
on the pro rata share of Square Footage between Other Residential
Property and Non-Residential Property, according to the applicable
Building Permits, Final Plat Map, parcel map, condominium plan,
or other recorded County map) located on that TMK Parcel.
b. Final Mapped Property, Undeveloped Property, and Taxable
Property Owner Association Property
The Maximum Special Tax for Final Mapped Property, Undeveloped
Property, and Taxable Property Owner Association Property in Tax Zone
I shall be $11,298 per Acre in Fiscal Year 2021-22, which amount shall
increase on July 1, 2022, and each July 1 thereafter by an amount equal to
two percent(2.0%) of the amount in effect for the prior Fiscal Year.
2. Tax Zone 2
a. Developed Property
No Special Tax shall be levied on Developed Property in Tax Zone 2.
b. Final Mapped Property, Undeveloped Property, and Taxable
Property Owner Association Property
The Maximum Special Tax for Final Mapped Property, Undeveloped
Property, and Taxable Property Owner Association Property in Tax Zone
2 shall be $22,596 per Acre in Fiscal Year 2021-22, which amount shall
increase on July 1, 2022, and each July 1 thereafter by an amount equal to
two percent (2.0%) of the amount in effect for the prior Fiscal Year.
Hawai'i County CFD 11'o. 1-2021 11 June 23,2021
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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Tax Zone 1
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Each Fiscal Year, beginning with Fiscal Year 2021-22, the CFD Administrator
shall determine the Tax Zone I Special Tax Requirement for that Fiscal Year and
levy the Special Tax on all TMK Parcels of Taxable Property in Tax Zone I as
follows:
Step 1: If needed to satisfy the Tax Zone 1 Special Tax Requirement, but
not accounting for Capitalized Interest, the Special Tax shall be
levied Proportionately on each TMK Parcel of Developed Property
in Tax Zone 1 up to 100% of the applicable Assigned Special Tax.
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Step 2: If additional monies are needed to satisfy the Tax Zone 1 Special
Tax Requirement after Step I has been completed, and after
applying Capitalized Interest, then the Special Tax shall be levied
Proportionately on each TMK Parcel of Final Mapped Property in
Tax Zone I up to 100% of the Maximum Special Tax for Final
Mapped Property in Tax Zone 1.
Step 3: If additional monies are needed to satisfy the Tax Zone 1 Special
Tax Requirement after the first two steps have been completed,
then the Special Tax shall be levied Proportionately on each TMK
Parcel of Undeveloped Property in Tax Zone 1 up to 100% of the
Maximum Special Tax for Undeveloped Property in Tax Zone 1.
Step 4: If additional monies are needed to satisfy the Tax Zone 1 Special
Tax Requirement after the first three steps have been completed, C
then the levy of the Special Tax on each TMK Parcel of Developed
Property in Tax Zone 1 whose Maximum Special Tax is
determined through the application of the Backup Special Tax
shall be increased Proportionately from the Assigned Special Tax
up to the Maximum Special Tax for each such TMK Parcel until
the amount levied is equal to the Tax Zone 1 Special Tax
Requirement.
Step S: If additional monies are needed to satisfy the Tax Zone 1 Special
Tax Requirement after the first four steps have been completed,
then the Special Tax shall be levied Proportionately on each TMK
Parcel of Taxable Property Owner Association Property in Tax
Zone 1 up to the Maximum Special Tax for Taxable Property
Owner Association Property in Tax Zone 1.
Notwithstanding the above, under no circumstances shall the Special Tax levied
in any Fiscal Year on any TMK Parcel of Single Family Property or Other
Hawai'i County CFD No. 1-2021 12 .Tune 23,2021
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Residential Property in Tax Zone 1 for which an occupancy permit for private
residential use has been issued be increased as a result of delinquency or default
by the owner or owners of any other TMK Parcel or TMK Parcels within Tax
Zone 1 by more than ten percent (10.0%) above the amount that would have been
levied in that Fiscal Year had there never been any such delinquencies or defaults.
2. Tax Zone 2 3
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At the earliest possible date on which the County Real Property Tax Office is able
to provide information to the CFD Administrator regarding the collection of
Special Taxes within Tax Zone I, the CFD Administrator shall determine the total
aggregate Special Taxes levied on Final Mapped Property and Undeveloped
Property within Tax Zone I that are delinquent. Within five business days after
making such determination,the CFD Administrator shall do the following:
Step 1: Calculate the Tax Zone 2 Special Tax Requirement.
Step 2: If needed to satisfy the Tax Zone 2 Special Tax Requirement, then
the Special Tax shall be levied Proportionately on each TNIK
Parcel of Final Mapped Property in Tax Zone 2 up to 100% of the
Maximum Special Tax for Final Mapped Property in Tax Zone 2.
Step 3: If additional monies are needed to satisfy the Tax Zone 2 Special
Tax Requirement after the first two steps have been completed,
then the Special Tax shall be levied Proportionately on each TMK
Parcel of Undeveloped Property in Tax Zone 2 up to 100°% of the
Maximum Special Tax for Undeveloped Property in Tax Zone 2.
Step 4: If additional monies are needed to satisfy the Tax Zone 2 Special
Tax Requirement after the first three steps have been completed,
then the Special Tax shall be levied Proportionately on each TMK
Parcel of Taxable Property Owner Association Property in Tax
Zone 2 up to the Maximum Special Tax for Taxable Property
Owner Association Property in Tax Zone 2.
Step 5: For each TMK Parcel in Tax Zone 2 to be taxed, prepare and send
a direct bill via overnight delivery to the record owner of such
TMK Parcel based on ownership and address information available
from the current County Real Property Tax Office tax roll.
The Special Tax in Tax Zone 2 shall be due and payable within 30 days from the
date of delivery of the direct tax bill. If, within 30 days from the date the direct
bill was delivered, payment of the Special Tax levied against a TMK Parcel in
Tax Zone 2 has not been received by the County or the CFD Administrator,
foreclosure proceedings shall commence immediately against such TMK parcel.
The Special Tax shall have the same priority and bear the same penalties and
Hawaii County CFD No. 1-2021 13 June 23,2021
interest after delinquency as do ad valorem real property taxes. Notwithstanding
the foregoing, the Special Tax may be collected in the same manner and at the
same time as ordinary ad valorem real property taxes.
E. COLLECTION OF SPECIAL TAX
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The Special Taxes in Tax Zone 1 will be collected in the same manner and at the same
time as ordinary ad valorem real property taxes; provided, however, that prepayments are
permitted as set forth in Section G below and provided further that the County may
directly bill the Special Taxes and may collect Special Taxes at a different time or in a
different manner if necessary to meet its financial obligations, and may covenant to
foreclose and may actually foreclose on delinquent TMK Parcels as permitted by the
Code.
F. EXEMPTIONS
No Special Tax shall be levied on up to 60.0 Acres of Property Owner Association
Property in Tax Zone 1. Tax-exempt status will be assigned by the CFD Administrator in
the chronological order in which property becomes Property Owner Association Property
within Tax Zone 1.
Property Owner Association Property that is not exempt from the Special Tax under this
section shall be subject to the levy of a Special Tax and shall be taxed Proportionately as
part of the fifth step in Section D.l above, or part of the fourth step in Section D.2 above,
up to 100% of the applicable Maximum Special Tax for Taxable Property Owner
Association Property. Also, the nonexempt owner of a leasehold or possessory interest in
Public Property shall be subject to the levy of a Special Tax pursuant to Section 32-54 of
the Code and shall be classified and taxed as Developed Property, Final Mapped
Property, Undeveloped Property, or Taxable Property Owner Association Property.
No Special Tax shall be levied in any Fiscal Year on TMK Parcels in Tax Zone 1 that
have fully prepaid the Special Tax obligation pursuant to the formula set forth below in
Section G.
G. PREPAYMENT OF SPECIAL TAX
The Special Tax obligation of a TMK Parcel in Tax Zone I may be prepaid; however,
the Special Tax obligation of a TMK Parcel in Tax Zone 2 cannot be prepaid. The
following definitions apply to this Section G:
"Construction Fund" means funds or accounts (regardless of their names)
identified in the Indenture to hold monies that are available to acquire or construct
public facilities eligible under the Code.
Hawai'i County CFD No. 1-2421 14 Jame 23,2021
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"Outstanding Bonds" means all Previously Issued Bonds which remain
outstanding, with the following exception: if a Special Tax has been levied
against, or already paid by, a TMK Parcel making a prepayment, and a portion of
the Special Tax will be used to pay a portion of the next principal payment on the
Bonds that remain outstanding (as determined by the CFD Administrator), that
next principal payment shall be subtracted from the total Bond principal that
remains outstanding, and the difference shall be used as the amount of
Outstanding Bonds for purposes of this prepayment formula.
"Previously Issued Bonds" means all Bonds that have been issued on behalf of
CFD No. 1-2021 prior to the date of prepayment.
"Public Facilities Requirements" means either $13,229,000 in 2021 dollars,
which shall increase by the Public Facilities Inflation Index on July 1, 2022, and
each July 1 thereafter, or such lower number as (i) determined by the CFD
Administrator as sufficient to fund the public facilities to be provided under the
authorized bonding program for CFD No. 1-2021, or (ii) shall be determined by
the County Council concurrently with a covenant that it will not issue any more
Bonds to be supported by Special Taxes levied under this RMA as described in
Section D above.
"Public Facilities Inflation Index" means the annual percentage change in the
Honolulu Construction Cost Index: Single Family Residence, measured as of
December of the calendar year which ends in the previous Fiscal Year. In the
event this index ceases to be published, the Public Facilities Inflation Index shall
be another index as determined by the CFD Administrator that is reasonably
comparable to the Honolulu Construction Cost Index: Single Family Residence.
"Remaining Facilities Costs" means the Public Facilities Requirements (as
defined above), minus public facility costs funded by Previously Issued Bonds (as
defined above), developer equity, Special Tax prepayments, and/or any other
source of funding.
1. Full Prepayment
The Special Tax obligation may be prepaid and the obligation of a TMK Parcel in
Tax Zone 1 to pay the Special Tax permanently satisfied as described herein,
provided that a prepayment may be made only if there are no delinquent Special
Taxes with respect to such TMK Parcel at the time of prepayment. An owner of a
TMK Parcel intending to prepay the Special Tax obligation shall provide the
County with written notice of intent to prepay. Within 30 days of receipt of such
written notice, the CFD Administrator shall notify such owner of the prepayment
amount for such TMK Parcel; the CFD Administrator may charge a fee for
providing this service. Prepayment must be made not less than 75 days prior to
any redemption date for Bonds to be redeemed with the proceeds of such prepaid
Hawai'i Counly CFD No. 1-2021 15 .Tune 23,2021
Special Taxes. The Prepayment Amount shall be calculated as follows
(capitalized terms as defined below):
Bond Redemption Amount
plus Remaining Facilities Amount
plus Redemption Premium
plus Defeasance Requirement
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be
determined by the CFD Administrator pursuant to the following steps:
Step 1: Confirm that no Special Tax delinquencies apply to such TMK
Parcel,
Step 2: Compute the total Maximum Special Tax that could be levied on
the TMK Parcel prepaying the Special Tax in the Fiscal Year in
which prepayment would be received by the County, as set forth in
Section C above. For TMK Parcels of Developed Property, the
Maximum Special Tax equals the greater of the Assigned Special
Tax and Backup Special Tax.
Step 3: (a) Divide the Maximum Special Tax computed pursuant to Step 2
for such TMK Parcel by the total estimated Maximum Special Tax
Revenues that could be levied in that Fiscal Year on property
within Tax Zone 1, as set forth in Section C above, excluding any
TMK Parcels which have prepaid their Special Tax obligation, and
(b) Divide the Maximum Special Tax computed pursuant to Step 2
for such TMK Parcel by the Maximum Special Tax Revenues that
could be generated at buildout for the entire Tax Zone 1 area as
determined by the CFD Administrator based on the Development
Plan and other information currently available, excluding any
TMK Parcels which have prepaid their Special Tax obligation.
Step 4: Multiply the larger quotient computed pursuant to Steps 3(a) or
3(b) by the Outstanding Bonds to compute the amount of
Outstanding Bonds to be retired and prepaid (the `Bond
Redemption Amount").
Step S: Compute the current Remaining Facilities Costs (if any).
Step 6: Multiply the larger quotient computed pursuant to Steps 3(a) or
3(b) by the amount determined pursuant to Step 5 to compute the
Hawai'i County CFI)No.1-2021 16 Tune 23,2021
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amount of Remaining Facilities Costs to be prepaid (the
`Remaining Facilities Amount").
Step 7. Multiply the Bond Redemption Amount computed pursuant to Step
4 by the applicable redemption premium, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
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Step 8: Compute the amount needed to pay interest on the Bond
Redemption Amount starting with the first Bond interest payment
date after which the prepayment has been received until the earliest
redemption date for the Outstanding Bonds, which, depending on
the Bond offering document, may be as early as the next interest
payment date.
Step 9: Compute the amount of interest the County reasonably expects to
derive from reinvestment of the Bond Redemption Amount plus
the Redemption Premium from the first Bond interest payment
date after which the prepayment has been received until the
redemption date for the Outstanding Bonds.
Step 10: Take the amount computed pursuant to Step 8 and subtract the
amount computed pursuant to Step 9 (the "Defeasance
Requirement").
Step 11: Determine the costs to compute the prepayment amount, the costs
to invest the prepayment proceeds, the costs to redeem Bonds, the
costs to record any notices to evidence the prepayment and the
redemption, and any other administrative costs associated with the
prepayment (the "Administrative Fees and Expenses").
Step 12: If and to the extent so provided in the Indenture pursuant to which
the Outstanding Bonds to be redeemed were issued, a reserve fund
credit shall be calculated as a reduction in the applicable reserve
fund for the Outstanding Bonds to be redeemed pursuant to the
prepayment (the "Reserve Fund Credit"). No Reserve Fund
Credit shall be granted if reserve funds are below 100% of the
reserve requirement on the calculation date.
Step 13: The Special Tax prepayment is equal to the sum of the amounts
computed pursuant to Steps 4, 6, 7, 10, and 11, less the amount
computed pursuant to Step 12 (the "Prepayment Amount").
Step 14: From the Prepayment Amount, the amounts computed pursuant to
Steps 4, 7, 10, and 12 shall be deposited into the appropriate fund
as established under the Indenture and used to retire Outstanding
Bonds or make debt service payments. The amount computed
Hawai'i County CFI)No.1-2021 17 June 23,2021
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pursuant to Step 6 shall be deposited into the Construction Fund.
The amount computed pursuant to Step 11 shall be retained by the
County for CFD No. 1-2021.
The Special Tax Prepayment Amount may be sufficient to redeem other than a
$5,000 increment of Bonds. In such cases, the increment above $5,000, or
integral multiple thereof, will be retained in the appropriate fund established
under the Indenture to be used with the next prepayment of Bonds or to make debt
service payments as provided in the Indenture.
For any TMK Parcel that is prepaid, the County Council shall cause a suitable
notice to be recorded and filed with the Bureau of Conveyances and/or Land
Count in compliance with the Code, to indicate the prepayment of Special Taxes
and the release of the Special Tax lien on such TMK Parcel, and the obligation of
such TMK Parcel to pay the Special Tax shall cease. The CFD Administrator
shall mail a copy of the notice to the owner and any known lessee of the property.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed
unless the amount of Assigned Special Tax that may be levied on Taxable
Property (excluding Taxable Property Owner Association Property) at buildout of
the entire Tax Zone 1 area, as determined by the CFD Administrator based on the
Development Plan and other information currently available, both prior to and
after the proposed prepayment, is at least 1.1 times the maximum annual debt
service on all Outstanding Bonds plus the estimated Administrative Expenses.
2. Partial Prepayment
The Special Tax on a TMK Parcel of Taxable Property in Tax Zone 1 may be
partially prepaid. The amount of the prepayment shall be calculated as in Section
G.1, except that a partial prepayment shall be calculated by the CFD
Administrator according to the following formula:
PP = (PF—AE) x % + AE.
The terms above have the following meaning:
PP = the partial prepayment
PF = the Prepayment Amount (full prepayment) for the Special Tax
calculated according to Section G.I
AE= the Administrative Fees and Expenses determined pursuant to Step
11 above
% = the percentage by which the owner of the TMK Parcel(s) is
partially prepaying the Special Tax
The Special Tax partial prepayment amount must be sufficient to redeem at least a
$5,000 increment of Bonds.
Hawai'i County CFD No. 1-2021 18 June 23,2021
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The owner of any TMK Parcel who desires such prepayment shall notify the CFD
Administrator of such owner's intent to partially prepay the Special Tax and the
percentage by which the Special Tax shall be prepaid. The CFD Administrator
shall provide the owner with a statement of the amount required for the partial
prepayment of the Special Tax within thirty (30) days of the request and may
charge a fee for providing this service. With respect to any TMK Parcel that is
partially prepaid, the CFD Administrator shall (i) distribute the remitted
prepayment funds according to Section G.1, and (ii) indicate in the records of
CFD No. 1-2021 that there has been a partial prepayment of the Special Tax and
that a portion of the Special Tax with respect to such TMK Parcel, equal to the
outstanding percentage (1.00 — "%", as defined above) of the Maximum Special
Tax, shall continue to be levied on such TMK Parcel pursuant to Section D.1.
Notwithstanding the foregoing, no Special Tax partial prepayment shall be
allowed unless the amount of Assigned Special Tax that may be levied on
Taxable Property (excluding Taxable Property Owner Association Property) at
buildout of the entire Tax Zone 1 area, as determined by the CFD Administrator
based on the Development Plan and other information currently available, both
prior to and after the proposed partial prepayment, is at least 1.1 times the
maximum annual debt service on all Outstanding Bonds plus the estimated
Administrative Expenses.
H. INTERPRETATION OF SPECIAL TAX FORMULA
The County reserves the right to make minor administrative and technical changes to this
document that do not materially affect the rate and method of apportioning the Special
Taxes. In addition, interpretation and application of any section of this document shall be
left to the County's discretion. Interpretations may be made by the County by ordinance
or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.
I. TERM OF SPECIAL TAX
1. Tax Zone 1
The Fiscal Year after which no further Special Tax shall be levied or collected in
Tax Zone 1 is Fiscal Year 2060-61, except that the Special Tax that was lawfully
levied in or before such Fiscal Year and that remains delinquent may be collected
in subsequent years.
2. Tax Zone 2
The Special Tax in Tax Zone 2 shall be levied for the period necessary to fully
satisfy the Tax Zone 2 Special Tax Requirement, but in no event shall the Special
Hawaii County CFD No. 1-2021 19 Jame 23,2021
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Tax be levied in Tax Zone 2 after the earlier of(i) June 30, 2081, or (ii) the date
on which the CFD Administrator files with the County Council a written
notification (which the CFD Administrator shall file as soon as reasonably
practicable after the close of a Fiscal Year) that the following events all occurred
in the prior Fiscal Year:
a. Debt Service Test. The County Council has resolved or
covenanted that it will not issue any additional Bonds for CFD No.
1-2021 except for refunding purposes, provided that the debt
service in any Fiscal Year on all outstanding Bonds after such
issuance does not exceed the debt service on the Bonds before the
refilnding; and
b. Special Tax Revenue Test—Developed Property. The aggregate
Special Taxes received from Taxable Property in CFD No. 1-2021
from the levy of such Fiscal Year's Special Tax (as opposed to
receipts from prior Fiscal Years and penalties and interest) on
TMK Parcels in Tax Zone 1 that were classified as Developed
Property for such Fiscal Year were not less than 50% of such
Fiscal Year's Tax Zone l Special Tax Requirement; and
C. Special Tax Revenue Test — Developed Property Plus Final
Mapped Property. The aggregate Special Taxes received from
Taxable Property in CFD No. 1-2021 from the levy of such Fiscal
Year's Special Tax (as opposed to receipts from prior Fiscal Years
and penalties and interest) on TMK Parcels in Tax Zone 1 that
were classified as Developed Property or as Final Mapped
Property for such Fiscal Year were not less than 75% of such
Fiscal Year's Tax Zone 1 Special Tax Requirement; and
d. Special Tax Revenue Test — Developed Property Plus Final
Mapped Property Plus Undeveloped Property. The aggregate
Special Taxes received from Taxable Property in CFD No. 1-2021
from the levy of such Fiscal Year's Special Tax (as opposed to
receipts from prior Fiscal Years and penalties and interest) on
TMK Parcels in Tax Zone 1 that were classified as Developed
Property, as Final Mapped Property, or as Undeveloped Property
for such Fiscal Year were not less than 100% of such Fiscal Year's
Tax Zone 1 Special Tax Requirement; and
e. Value Test. The "value of real property," as defined in Section
32-57(c) of the Code, of the Taxable Property in Tax Zone 1 is at
least three times the principal amount of Bonds then outstanding;
and
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Hawai'i County CFD No. 1-2021 20 Ane 23,2021
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f. Value Test—Undeveloped Property. The aggregate Land Value
of the non-delinquent TMK Parcels in Tax Zone 1 that were
classified as Undeveloped Property for such Fiscal Year is not less
than three times the product of the principal amount of Outstanding
Bonds multiplied by a fraction, the numerator of which is the
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aggregate Special Taxes received from Taxable Property in CFD
No. 1-2021 from the levy of such Fiscal Year's Special Tax (as
opposed to receipts from prior Fiscal Years and penalties and
interest) on TMK Parcels in Tax Zone 1 that were classified as
Undeveloped Property for such Fiscal Year, and the denominator
of which is such Fiscal Year's Tax Zone 1 Special Tax
Requirement.
The satisfaction of the conditions listed above in the CFD Administrator's written
notification to the County Council would, for purposes of Section 32-56 of the
Code, be deemed a prepayment and permanent satisfaction of the obligation to
pay the Special Tax applicable to the TMK Parcels in Tax Zone 2. Accordingly,
the County Council shall promptly cause to be prepared and filed with the Bureau
of Conveyances and/or Land Court a notice of cancellation of Special Tax for all
TMK Parcels in Tax Zone 2, all as provided for in said Section 32-56 of the Code.
Hawaii County CFD No. 1-2021 21 June 23,2021
ATTACHMENT 1
HAWAII COUNTY
COMMUNITY FACILITIES DISTRICT No. 1-2021
(KALOKO HEIGHTS PROJECT)
IDENTIFICATION OF TAX ZONES
57 61
62
20
TMKs Within Tax Zone 1: Zl 59
3-7-3-009-057-0000-000
3-7-3-009-055-0000-000
3-7-3-009-059-0000-000
3-7-3-009-060-0000-000
3-7-3-009-061-0000-000Q
3-7-3-009-062-0000-000
3-7-3-009-070-0000-000
3-7-3-009-071-0000-000
TbIKs Within Tax Zone 2:
3-7-3-009-019-0000-000
1.2
Legend
CFD Boundaries
Tax Zone 1
® Tax Zone 2
19 Lot Number
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ATTACHMENT 2
HAWAII COUNTY
COMMUNITY FACILITIES DISTRICT NO. 1-2021
(KALOKO HEIGHTS PROJECT)
TAX ZONE I
EXPECTED LAND USES AND EXPECTED MAXIMUM SPECIAL TAX REVENUES
>> AT CFD FORMATION
Number of
Expected Maximum Total
Residential Special Tax Expected
Units &Acres of per Unit Maximum
Other Residential/ or Acre for Special Tax
Non-Residential Fiscal Year Revenues *
Expected Land Uses property 2021-22* (FY2021-22*)
Single Family Detached Property
Residential Floor Area < 1,601 SF 10 Units $1,663 per Unit $16,630
Residential Floor Area 1,601 - 1,800 SF 57 Units $1,913 per Unit $109,041
Residential Floor Area 1,801 -2,000 SF 20 Units $2,163 per Unit $43,260
Residential Floor Area 2,001 -2,200 SF 66 Units $2,537 per Unit $167,442
Residential Floor Area 2,201 2,400 SF 77 Units $2,869 per Unit $220,913
Residential Floor Area 2,401 -2,600 SF 81 Units $3,119 per Unit $252,639
Residential Floor Area >2,600 SF 60 Units $3,410 per Unit $204,600
Single Family Attached Property 150 Units $1,281 per Unit $192,150
Other Residential Property 0.0 Acres $11,298 per Acre $0
Non-Residential Property 0.0 Acres $11,298 per Acre $0
Total 521 Units $1,206,675
0.0 Acres
*On July 1, 2022, and on each Judy I thereafter, all dollar amounts shown in the table above shall be increased by an amount
equal to hvo percent(2.q%) of the amount in effect for the prior Fiscal Year.
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DESCRIPTION
Parcel designated as TMK (3) 7-3-009:019
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All of that certain parcel of land (being portion(s) of the land(s) described in and covered by
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Royal Patent Number 8214, Land Commission Award Number 7715, Apana 11 to Lota
Kamehameha) situate, lying and being on the westerly side of Nina Lani Street at Kaloko,
District of North Kona, Island and County of Hawaii, State of Hawaii, consisting of LOT 3-A, the
same being a subdivision of Lot 3 of File Plan Number 2092, as shown on the plat map of
Subdivision No. 7416 approved by the County of Hawaii on May 22, 2001, and thus bounded r
and described as per survey dated June 1, 2001 (recorded in Document No. 2001-089545),to-
wit:
Beginning at the southeast corner of this parcel of land, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being
17,980.76 feet South and 9,827.20 feet West, and running by azimuths measured clockwise
from true South:
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1. 75' 24' 06" 134.50 feet along Royal Patent 7587, Land Commission Award 11216,
Apana 36 to Kekaunohi;
2. 67' 03' 45" 54.20 feet along same;
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3. 82' 52' 45" 97.50 feet along same;
4. 76' 53' 15" 312.20 feet along same;
5. 79° 26' 45" 85.70 feet along same;
6. 58° 09' 45" 21.30 feet along same;
7. 90' 25' 45" 71.05 feet along same;
8. 79° 12' 25" 43.60 feet along same;
9. 67' 11' 25" 105.60 feet along same;
10. 79° 33' 45" 230.20 feet along same;
11. 69° 35' 45" 96.95 feet along same;
12. 82' 14' 45" 64.50 feet along same;
EXHIBIT "D", p. 1 of 23
13. 100° 20' 45" 22.00 feet along same;
14. 76° 01' 05" 120.69 feet along same;
15. 88° 23' 45" 76.80 feet along same;
16. 83° 22' 15" 187.10 feet along same;
17. 85° 16' 35" 930.46 feet along same;
18. 162° 56' 05" 3,858.19 feet along the remainder of Royal Patent 214, Land Commission
Award 7715, Apana 11 to Lota Kamehameha;
Thence along the southerly side of Hina Lani Street on a curve to the right with a radius of
2,960.00 feet, the chord azimuth and distance being:
19. 283° 50' 36" 1,958.79 feet;
20. 33° 41' 196.00 feet along Lot 3-13;
21. 303° 41' 315.00 feet along same;
22. 213° 41' 182.75 feet along same;
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23. 308° 01' 35" 1,300.37 feet along the southerly side of Hina Lani Street;
24. 342° 56' 05" 1,892.98 feet along Kona Heavens Subdivision, Unit 1, File Plan 1423 to the
point of beginning and containing an area of 8,447,641 square feet or 193.9311 acres, more or
less.
END OF DESCRIPTION
Parcel designated as TMK(3) 7-3-009:019
EXHIBIT "D", p. 2 of 23
DESCRIPTION
Parcel designated as TMK(3) 7-3-009:057
LOT 2-A
Kaloko Heights Affordable Housing Subdivision (SUB-19-001903)
Being a portion of Grant 2942 to Hulikoa
Situate at Kaloko, North Kona, Hawaii, Hawaii
Beginning at the North corner of this parcel of land, being also the
Northwest corner of Lot 6 of Kaloko Heights Subdivision, the coordinates of
said point of beginning referred to Government Survey 'Triangulation Station
"MOANUTAHEA" being 12, 084 .36 feet South and 13, 376. 81 feet West thence
running by azimuths measured clockwise from true South:
1. 3420 54 30" 1, 355. 82 feet along Lot 6 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa;
2. 334° 19' 46" 56. 68 feet along same;
Thence along Lot 3-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Hulikoa on a
curve to the left with a radius
of 1, 075. 00 feet, the chord
azimuth and distance being:
3. 640 40' 04" 152. 51 feet ;
4. 600 36' 268 .78 feet along Lot 3-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942;
Thence along the same on a curve
to the left with a radius of
30.00 feet, the chord azimuth
and distance being:
5 . 180 25' 40.29 feet ;
Thence along Lot R-1 of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Hulikoa on a
curve to the left with a radius
of 530. 00 feet, the chord
azimuth and distance being:
SAM O. HIROTA,INC. Page 1 of
e sur),eyoEXHIBIT "D", p. 3 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
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6. 137° 19' 343. 64 feet ;
7 . 1180 24 ' 242 . 79 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
Thence along same on a curve to
the right with a radius of
470. 00 feet, the chord azimuth
and distance being:
8 . 140° 40 ' 356. 18 feet ;
9. 162° 56' 700. 90 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
10. 2520 141 30" 870. 48 feet along Lot 59, along Gr. 9468 to
Mrs. Hottie Kinoulu;
11. 252° 43 ' 20" 11. 21 feet along Lot 57, along Gr. 5912 to
John Brooch to the point of
beginning and containing an area
of 25.994 Acres.
C.
0 LICENSED q�(P Description Prepared
PROFESSIONAL P
LAND
SURVEYOR * 0122
No.10544 Rommel C. Ofalsa
Licensed Professional Land Surveyor
Certificate No. 10544
July 19, 2021
TMK: (3) 7-3-009: 057
X:\PROJECTS\SURVEY2019\190130 KALOKO—HEIGHTS_HOUSING\DESCRIPTIONS\LOT-2—A—DESC.doc
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END OF DESCRIPTION
Parcel designated as TMK(3) 7-3-009:057
SAM O. HIROTA,INC. Page 2of2
_'ngr"neerr&surveyors EXHIBIT "D", p. 4 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
DESCRIPTION
Parcel designated as TMK (3) 7-3-009:058
LOT 3-A
Kaloko Heights Affordable Housing Subdivision (SUB-19-001903)
Being portions of Grant 2942 to Hulikoa and
Royal Patent 8214, Land Commission Award 7715,
Apana 11 to Lota Kamehameha
Situate at Kaloko, North Kona, Hawaii, Hawaii
Beginning at the Southeast corner of this parcel of land, being also
the West corner of Lot 5 of Kaloko Heights Subdivision, the coordinates of
said point of beginning referred to Government Survey 'triangulation Station
"MOANUTAHEA" being 14, 733. 05 feet South and 12, 463. 69 feet West thence
running by azimuths measured clockwise from true South:
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Thence along Hina Lani Street,
along the remainder of R. P.
8214, L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha on a curve to
the left with a radius of
3, 040.00 feet, the chord azimuth
and distance being:
1. 980 01' 53" 799. 68 feet ;
Thence along Lot R-1 of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha on a
curve to the right with a radius
of 30. 00 feet, the chord azimuth
and distance being:
2. 1340 43' 25" 42 . 15 feet ;
3. 179' 211 717 .31 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of R. P.
8214, L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha and Gr. 2942 to
Hulikoa;
SAM 0.HIROTA,INC. Page 1 of 3
—ngmeerr F sun ey rs EXHIBIT "D", p. 5 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
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Thence along Lot R-1 of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Hulikoa on a
curve to the left with a radius
of 530. 00 feet, the chord
azimuth and distance being:
4. 1670 47 ' 30" 212.39 feet
Thence along Lot 2-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder 3
of Gr. 2942 to Hulikoa on a
curve to the right with a radius
of 30. 00 feet, the chord azimuth
and distance being:
5. 1980 25 ' 40.29 feet
6. 240° 36' 268 .78 feet along Lot 2-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
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Thence along the same on a curve
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to the right with a radius of
1, 075. 00 feet, the chord azimuth
and distance being:
7 . 2440 40' 04" 152 .51 feet
8 . 334° 19' 46" 3. 32 feet along Lot 6 of Kaloko Heights
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Subdivision, along the remainder
of Gr. 2942 to Hulikoa;
Thence along the same on a curve
to the right with a radius of
600. 00 feet, the chord azimuth
and distance being:
9. 248° 42 ' 23" 91. 58 feet
10. 2530 05 ' 214. 11 feet along Lot 6 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa;
11. 3420 54 ' 30" 1065. 99 feet along Lot 4 of Kaloko Heights
Subdivision, along the remainder
of Gr. 2942 to Hulikoa and R. P.
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8214, L. C. Aw. 7715, Ap. 11 to i
Lota Kamehameha;
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SAM O. HIROTA, INC. Page 2 of
17n�rnP«f �sW,,�yfr3 EXHIBIT "D", p. 6 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
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Thence along Lot 5 of Kaloko
Heights Subdivision, along the
remainder of R. P. 8214, L. C. I
Aw. 7715, Ap. 11 to Lota
Kamehameha on a curve to the
left with a radius of 70.00
feet, the chord azimuth and I
distance being:
12 . 31° 16' 22" 38 . 06 feet
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13. 15° 30 355.73 feet along Lot 5 of Kaloko Heights
Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha to
the point of beginning and
containing an area of 22.952
Acres.
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0 LICENSED CSS Description Prepared By:
PROFESSIONAL -P
LAND
* SURVEYOR 0/22
No.10544 Rommel C. Ofalsa
Licensed Professional Land Surveyor
Certificate No. 10544
July 19, 2021
TMK: (3) 7-3-009: 058
X:\PROJECTS\SURVEY2019\190130 KALOKO HEIGHTS HOUSING\DESCRIPTIONS\LOT 3—A DESC.doc
END OF DESCRIPTION
Parcel designated as TMK(3) 7-3-009:058
SAM O.HIROTA,INC. Page 3 of 3
nf�tnYt s s EXHIBIT "D", p. 7 of 23
864 South Beretania Street
Honolulu.Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
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DESCRIPTION
Parcel designated as TMK(3) 7-3-009:059
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All of that certain parcel of land (being portions of the lands described in and covered by Grant
2942 to Hulikoa and Royal Patent 8214, Land Commission Award 7715, Apana 1 to Lota
Kamehameha) situate, lying and being at Kaloko and Kohanaiki, South Kona, Island of Hawaii,
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State of Hawaii, consisting of LOT 4 of the "KALOKO HEIGHTS SUBDIVISION", as shown on the
plat map of Subdivision No. SUB-05-000031 approved by the County of Hawaii on February 24,
2006, and thus bounded and described per survey dated March 14, 2006 (recorded in
Document No. 2006-085222), to-wit:
Beginning at the southeast corner of this parcel of land, being also the northeast corner I
of Lot 5 of Kaloko Heights Subdivision, the same being a portion of Royal Patent 8214, Land
Commission Award 7715, Apana 1 to Lota Kamehameha,the coordinates of said point of
beginning referred to Government Survey Triangulation Station "MOANUTAHEA", being
14,501.46 feet South and 11,702.55 feet West, and thence running by azimuths measured
clockwise from true South:
1. Along Lot 5 of Kaloko Heights Subdivision, same being a portion of R.P. 8214, L.C.Aw. 7715,
Ap. 1 to Lota Kamehameha, on a curve to the right with a radius of 60.00 feet, the chord
azimuth and distance being: I
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72° 42' 82.91 feet;
2. 116° 24' 465.61 feet along Lot 5 of Kaloko Heights Subdivision, same being a
portion of R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha;
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3. 47° 10' 55.00 feet along Lot 5 of Kaloko Heights Subdivision, same being a
portion of R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha;
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4. 107' 50' 43.19 feet along Lot 5 of Kaloko Heights Subdivision, same being a
portion of R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha;
5. Thence along Lot 5 of Kaloko Heights Subdivision, same being a portion of R.P. 8214,
L.C.Aw. 7715, Ap. 1 to Lata Kamehameha, on a curve to the left with a radius of 70.00 feet,the
chord azimuth and distance being:
77° 26' 22" 70.83 feet;
6. 162° 54' 30" 1065.99 feet along Lot 3 of Kaloko Heights Subdivision, same being portions
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of Grant 2942 to Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lata Kamehameha;
EXHIBIT "D", p. 8 of 23
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7. 253° 05' 251.96 feet along Lot 6 of Kaloko Heights Subdivision, same being portions
of Grant 2942 to Hulikoa and R.P. 8214, L.C.Aw. 7715,Ap. 1 to Lota Kamehameha;
8. Thence feet along Lot 6 of Kaloko Heights Subdivision, same being portions of Grant 2942
to Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the right with
a radius of 600.00 feet, the chord azimuth distance being:
297° 59' 45" 847.23 feet;
9. 342° 54' 30" 271.54 feet along Lot 6 of Kaloko Heights Subdivision, same being portions
of Grant 2942 to Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha;
10. Thence along Lot 6 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the right with a
radius of 600.00 feet,the chord azimuth and distance being:
4° 59' 45" 451.23 feet;
11. 27° 05' 39.86 feet along Lot 6 of Kaloko Heights Subdivision, same being
portions of Grant 2942 to Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap.1 to Lota Kamehameha;
12. 29° 00' 106.08 feet along Lot 6 of Kaloko Heights Subdivision, same being
portions of Grant 2942 to Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha,to
the point of beginning and containing an area of 22.010 acres, more or less.
EXCEPTING AND EXCLUDING all of that portion of the Road To The Sea Trail (10.00 feet wide), a
Government Trail within Grant 2942 to Hulikoa pursuant to the Highway Act, 1892, and Section
264-1, Hawaii Revised Statutes, as referenced on C.S.F. Map No. 24,587.
END OF DESCRIPTION
Parcel designated as TMK (3) 7-3-009:059
EXHIBIT "D", p. 9 of 23
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DESCRIPTION
Parcel designated as TMK(3) 7-3-009:060
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All of that certain parcel of land (being a portion of the lands described in and covered by
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Royal Patent 8214, Land Commission Award 7715, Apana 1 to Lota Kamehameha) situate, lying
and being at Kaloko, South Kona, Island of Hawaii, State of Hawaii, consisting of LOT 5 of the
"KALOKO HEIGHTS SUBDIVISION", as shown on the plat map of Subdivision No. SUB-05-
000031 approved by the County of Hawaii on February 24, 2006, and thus bounded and
described as per survey dated March 14, 2006 (recorded in Document No. 2006-085222), to-
wit:
Beginning at the southeast corner of this parcel of land, being also the south corner of
Lot 6 of Kaloko Heights Subdivision, same being portions of Grant 2942 to Hulikoa and Royal
Patent 8214, Land Commission Award 7715, Apana 1 to Lata Kamehameha, and along the
north side of Hina Lani Street, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA", being 14,928.88 feet South and
11,950.38 feet West, and thence running by azimuths measured clockwise from true South:
1. Along the north side of Hina Lani Street, on a curve to the left with a radius of 3040.00
feet, the chord azimuth and distance being:
110° 46' 28" 549.50 feet;
2. 195° 30' 355.73 feet along Lot 3 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lata Kamehameha;
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3. Thence along Lot 3 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the
right with a radius of 70.00 feet, the chord azimuth and distance being:
241° 40' 100.99 feet;
4. 287° 50' 43.19 feet along Lot 4 of Kaloko Heights i
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lot Kamehameha;
5. 227° 10' 55.00 feet along Lot 4 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lota Kamehameha;
EXHIBIT "ID", p. 10 of 23
6. 296° 24' 465.61 feet along Lot 4 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
7. Thence along Lot 4 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the left
with a radius of 60.00 feet, the chord azimuth and distance being: j
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252° 42' 82.91 feet;
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8. 29° 00' 192.91 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
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9. 27° 05' 280.59 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
10. Thence along Lot 6 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the
right with a radius of 20.00 feet, the chord azimuth and distance being:
71° 31' 18" 28.01 feet to the point of beginning and
containing an area of 6.270 acres, more or
less.
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END OF DESCRIPTION
Parcel designated as TMK (3) 7-3-009:060
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EXHIBIT "W", p. 11 of 23
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DESCRIPTION
Parcel designated as TMK(3)7-3-009:061
3
All of that certain parcel of land (being portions of the lands described in and covered by Grant
2942 to Hulikoa and Royal Patent 8214, Land Commission Award 7715, Apana 1 to Lota
Kamehameha) situate, lying and being at Kaloko and Kohanaiki, South Kona, Island of Hawaii, j
State of Hawaii, consisting of LOT 6 of the "KALOKO HEIGHTS SUBDIVISION", as shown on the
plat map of Subdivision No. SUB-05-000031 approved by the County of Hawaii on February 24,
2006, and thus bounded and described as per survey dated March 14, 2006 (recorded in
Document No. 2006-085222), to-wit:
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Beginning at the south corner of this parcel of land, being also the southeast corner of
Lot 5 of Kaloko Heights Subdivision, same being a portion of Royal Patent 8214, Land
Commission Award 7715, Apana 1 to Lota Kamehameha, and along the north side of Hina Lani I
Street, the coordinates of said point of beginning referred to Government Survey Triangulation
Station "MOANUTAHEA", being 14,928.88 feet South and 11,950.38 feet West, and thence
running by azimuths measured clockwise from true South:
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1. Along Lot 5 of Kaloko Heights Subdivision, same being a portion of R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha, on a curve to the left with a radius of 20.00 feet, the I
chord azimuth and distance being:
251° 310 18" 28.01 feet;
2. 207° 05 280.59 feet along Lot 5 of Kaloko Heights
Subdivision, same being a portion of R.P.
8214, L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha;
3. 209° 00' 298.99 feet along Lot 5 of Kaloko Heights
Subdivision, same being a portion of R.P.
8214, L.C.Aw. 7715, Ap. 1 to Lota
Kamehameha and Lot 3 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
4. 207° 05' 39.86 feet along lot 4 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lata Kamehameha;
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EXHIBIT "D", p. 12 of 23
5. Thence along Lot 4 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the left
with a radius of 600.00 feet, the chord azimuth and distance being:
184° 59' 45" 451.23 feet;
6. 162° 54' 30" 271.54 feet along Lot 4 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
7. Thence along Lot 4 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the left
with a radius of 600.00 feet, the chord azimuth and distance being:
117° 59' 45" 847.23 feet;
8. 73° 05' 466.08 feet along Lots 4 and 3 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lota Kamehameha;
9. Thence along Lot 4 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the left
with a radius of 660.00 feet, the chord azimuth and distance being:
68° 42' 23" 91.58 feet;
10. 154' 19' 46" 60.00 feet along Lot 3 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
11. 162° 54' 30" 1355.82 feet along Lot 2 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lota Kamehameha;
12. 252° 43' 20" 989.70 feet along Grant 5912 to John Broach;
13. 342° 54' 30" 1372.54 feet along Lot 7 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lota Kamehameha;
EXHIBIT "W', p. 13 of 23
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14. 16° 29' 108.80 feet along Lot 7 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha; j
15. Thence along Lot 7 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the
right with a radius of 660.00 feet, the chord azimuth and distance being:
314° 41' 45" 624.02 feet;
16. 342° 54' 30" 271.54 feet along Lot 7 of Kaloko Heights
Subdivision, same being portions of Grant 1
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lota Kamehameha;
17. Thence along Lot 7 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the
right with a radius of 660.00 feet, the chord azimuth and distance being:
4° 59' 45" 496.35 feet;
18. 27° 05' 39.86 feet along Lot 7 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lota Kamehameha;
19. 25° 10' 298.99 feet along Lot 7 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
20. 27° 05' 280.59 feet along Lot 7 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
21. Thence along Lot 7 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the left a
with a radius of 20.00 feet, the chord azimuth and distance being:
342° 38' 42" 28.01 feet;
22. Thence along the north side of Hina Lani Street, on a curve to the left with a radius of
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3040.00 feet, the chord azimuth and distance being:
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EXHIBIT "D", p. 14 of 23
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117° 05' 119.22 feet to the point of beginning and
containing an area of 35.354 acres, more
or less.
END OF DESCRIPTION
Parcel designated as TIVIK (3) 7-3-009:061
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EXHIBIT "W", p. 15 of 23
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DESCRIPTION
Parcel designated as TMK(3) 7-3-009:062
All of that certain parcel of land (being portions of the lands described in and covered by Grant
2942 to Hulikoa and Royal Patent 8214, Land Commission Award 7715, Apana 1 to Lota
Kamehameha) situate, lying and being at Kaloko and Kohanaiki, South Kona, Island of Hawaii,
State of Hawaii, consisting of LOT 7 of the "KALOKO HEIGHTS SUBDIVISION", as shown on the
plat map of Subdivision No. SUB-05-000031 approved by the County of Hawaii on February 24,
2006, and thus bounded and described as per survey dated March 14, 2006 (recorded in
Document No. 2006-085222), to-wit:
Beginning at the southeast corner of this parcel of land, being also the southwest
corner of Lot 31 of Kona Heavens Unit 11 (File Plan 1537) and along the north side of Hina Lani
Street, the coordinates of said point of beginning referred to Government Survey Triangulation
Station "MOANUTAHEA", being 16,037.48 feet South and 10,423.75 feet West, and thence
running by azimuths measured clockwise from true South:
1. 128° 01' 35" 1250.00 feet along the north side of Hina Lani
Street;
2. Thence along the north side of Hina Lani Street, on a curve to the left with a radius of
3040.00 feet, the chord azimuth and distance being:
123° 07' 520.36 feet;
3. Thence along Lot 6 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lata Kamehameha, on a curve to the
right with a radius of 20.00 feet, the chord azimuth and distance being:
162° 38' 42" 28.01 feet;
4. 207° 05' 280.59 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
5. 205° 10' 298.99 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
EXHIBIT "1113", p. 16 of 23
6. 207° 05' 39.86 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lata Kamehameha;
7. Thence along Lot 6 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the left
with a radius of 660.00 feet, the chord azimuth and distance being:
184° 59' 45" 496.35 feet;
8. 162° 54' 30" 271.54 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lota Kamehameha;
9. Thence along Lot 6 of Kaloko Heights Subdivision, same being portions of Grant 2942 to
Hulikoa and R.P. 8214, L.C.Aw. 7715, Ap. 1 to Lota Kamehameha, on a curve to the left
with a radius of 660.00 feet, the chord azimuth and distance being:
134° 41' 45" 624.02 feet;
10. 196° 29' 108.80 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715,Ap. 1 to Lata Kamehameha;
11. 162° 54' 30" 1372.54 feet along Lot 6 of Kaloko Heights
Subdivision, same being portions of Grant
2942 to Hulikoa and R.P. 8214, L.C.Aw.
7715, Ap. 1 to Lota Kamehameha;
12. 252° 43' 20" 236.42 feet along Grant 5912 to John Broach to a
spike in concrete (fnd);
13. 241° 10' 408.91 feet along Grant 5912 to John Broach to a
1/2" pipe (fnd);
14. 234' 45' 20" 514.16 feet along Grant 5912 to John Broach to
1/2" pipe in concrete (fnd);
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15. 343° 02' 28" 1094.77 feet along Grant 2030 to Kaiakoili and Lot
B, same being a portion of Grant 2030 to
Kaiakoili, to a 1/2" pipe in concrete (fnd); j
Boundary follows along the middle of stone wall, same being along Grant 2942 to
Hulikoa for the next three (3) courses, the direct azimuth and distance between said j
middle of stone wall being:
EXHIBIT "ID", p. 17 of 23
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16. 71° 27' 50" 120.74 feet;
17. 73° 45' 25.67 feet;
18. 73° 14' 52.58 feet to a 1/2" pipe in concrete (fnd); {
19. 344° 45' 40" 252.51 feet along a portion of Grant 2942 to
Hulikoa to a nail in concrete (fnd);
Boundary follows along the middle of stone wall, same being along Grant 2942 to
Hulikoa for the next eight (8) courses, the direct azimuth and distance between said
middle of stone wall being:
20. 231° 28' 30" 50.60 feet to a nail on concrete (fnd);
21. 244° 41' 19.06 feet to a nail in concrete (fnd);
22. 250° 32' 25.05 feet to a 1/2" pipe in concrete (fnd);
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23. 262° 21' 30" 45.45 feet;
24. 256° 24' 30" 33.01 feet;
25. 255° 05' 30" 29.30 feet;
26. 165° 13' 30" 5.89 feet;
27. 273° 01' 8.80 feet;
28. 343° 02' 28" 191.65 feet along a portion of Grant 2030 to
Kaiakoili;
29. 71° 55' 104.49 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a 1/2" pipe in concrete
(fnd);
30. 332° 16' 30" 63.04 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a spike in concrete
(fnd);
31. 68° 10' 15" 209.40 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a 3/4" pipe in concrete
(fnd);
32. 90° 18' 45" 16.00 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to 1/2" pipe (fnd);
33. 61° 45' 45" 41.20 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a 3/4" pipe in concrete
(fnd);
EXHIBIT "D", p. 18 of 23
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34. 344° 31' 45" 110.70 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a nail in concrete (fnd);
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35. 337° 41' 45" 42.20 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a nail in concrete (fnd);
36. 326° 27' 45" 44.70 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a nail in concrete (fnd);
37. 310° 58' 45" 66.00 feet along Lot A, being a portion of Grant
2942 to Hulikoa;
38. 233° 55' 45" 117.20 feet along Lot A, being a portion of Grant
2942 to Hulikoa;
39. 240° 35' 45" 101.10 feet along Lot A, being a portion of Grant
2942 to Hulikoa;
40. 255° 16' 15" 112.15 feet along Lot A, being a portion of Grant
2942 to Hulikoa, to a 1/2" pipe in concrete
(fnd);
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41. 338° 20' 20" 182.00 feet along Lot 2, being a portion of Grant
2030 to Kaiakoili;
42. 76° 11' 35" 476.60 feet along Lot 21, Anini Street and Lot 22
of Kona Heavens Unit III (File Plan 1837)to
a 1/2" pipe (fnd);
43. 342° 56' 05" 2931.57 feet along Lots 22, 23, 24, 25, 26, Roadway
Lot, 27, 28 and 29 of Kona Heavens Unit III
(File Plan 1837) and Lots 27, 28, 29,
Hamiha Street, 30 and 31 of Kona Heavens
Unit II (File Plan 1537) to the point of
beginning and containing an area of
80.114 acres, more or less.
END OF DESCRIPTION
Parcel designated as TMK (3) 7-3-009:062
EXHIBIT "D", p. 19 of 23
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DESCRIPTION
Parcel designated as TMK (3) 7-3-009:070
LOT 1-B
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Kaloko Heights Affordable Housing Subdivision (SUB-19-001903)
Being a portion of Grant 2942 to Hulikoa
Situate at Kaloko, North Kona, Hawaii, Hawaii
Beginning at the South corner of this parcel of land, being also the
Northwest corner of Lot 1-A of Kaloko Heights Affordable Housing
Subdivision, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "MOANUTAHEA" being 13, 545 . 46 feet
South and 13, 922 .20 feet West thence running by azimuths measured clockwise
from true South:
1. 162° 56' 05" 430.38 feet along Lot 7-C-1, along the
remainder of Gr. 2942 to
Hulikoa;
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2 . 2520 56' 05" 17 . 10 feet along Lot R-1 of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
Thence along same on a curve to
the left with a radius of 530.00
feet, the chord azimuth and
distance being:
3. 3150 38' 10" 309. 67 feet ;
4. 28° 39' 222.27 feet along Lot 1-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa to the point of j
beginning and containing an area
of 0.730 Acres.
Description Prepared By:
C. 4
0 LICENSED tS�
PROFESSIONAL, 7C
LAND _ �::O. Exp.4130122
* SURVEYOR Rommel C. Ofalsa
NOA0544 Licensed Professional Land Surveyor
XxQ" Certificate No. 10544
July 19, 2021 � A(1, ��
TMK: (3) 7-3-009: 070
X:\PROJECTS\SURVEY2019\190130_KALOKO_HEIGHTS_HOUSING\DESCRIPTIONS\LOT_1—B_DESC.doc
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END OF DESCRIPTION
Parcel designated as TMK(3)7-3-009:070
SAM 0.HIROTA,INC. Page 1 of 1
�n rneers&Surveyors EXHIBIT "D", p. 20 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
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DESCRIPTION
Parcel designated as TMK (3) 7-3-009:071
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LOT R-1
Kaloko Heights Affordable Housing Subdivision (SUB-19-001903)
Being portions of Grant 2942 to Hulikoa and
Royal Patent 8214, Land Commission Award 7715,
Apana 11 to Lota Kamehameha
Situate at Kaloko, North Kona, Hawaii, Hawaii
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Beginning at the Northwest corner of this parcel of land, being also
the Northeast corner of Lot 7-C-1 of Kaloko Heights Subdivision, the
coordinates of said point of beginning referred to Government Survey
Triangulation Station "MOANUTAHEA" being 12, 374 .09 feet South and 14, 281.79
feet West thence running by azimuths measured clockwise from true South:
1. 2520 14' 30" 68.52 feet along Lot 59, along Grant 9468
to Mrs . Hottie Kinoulu;
2. 3420 43 ' 25" 700. 90 feet along Lot 2-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
Thence along same on a curve to
the left with a radius of 470.00
feet, the chord azimuth and
distance being:
3. 3200 40' 356. 18 feet ;
4. 2980 24 ' 242 .79 feet along Lot 2-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Hulikoa;
Thence along Lot 2-A and Lot 3-A
of Kaloko Heights Affordable
Housing Subdivision, along the
remainder of Gr. 2942 to Huliko
on a curve to the right with a
radius of 530 .00 feet, the chord
azimuth and distance being:
5. 328° 52 ' 30" 537 .59 feet ;
6. 3590 21' 717 .31 feet along Lot 3-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Huliko and R. P. 8214, L. C.
Aw. 7715, Ap. 11 to Lota
Kamehameha;
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SAM 0.HIROTA,INC. Page 1 of 3
ngCaeer_rSurvefrrrs EXHIBIT "D",. p. 21 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
Thence along Lot 3-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha on a
curve to the left with a radius
of 30. 00 feet, the chord azimuth
and distance being:
7. 3140 431 25" 42 . 15 feet
Thence along the North side of
Hina Lani Street, along the
remainder of R. P. 8214, L. C.
Aw. 7715, Ap. 11 to Lota
Kamehameha on a curve to the
left with a radius of 3, 040.00
feet, the chord azimuth and
distance being:
8. 890 211 07" 119. 02 feet
Thence along Lot 1-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of R. P. 8214, L. C. Aw. 7715,
Ap. 11 to Lota Kamehameha on a
curve to the left with a radius
of 30. 00 feet, the chord azimuth
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and distance being:
9. 2230 47' 24 .5" 42 . 01 feet
10. 179° 21 ' 717.31 feet along Lot 1-A of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of R. P.
8214, L. C. Aw. 7715, Ap. 11 to
Lota Kamehameha and Gr. 2942 to
Huliko;
Thence along Lot 1-A of Kaloko
Heights Affordable Housing
Subdivision, along the remainder
of Gr. 2942 to Huliko on a curve
to the left with a radius of
470. 00 feet, the chord azimuth
and distance being:
11. 148° 52 ' 30" 476.73 feet
SAM O. HIROTA,INC. Page 2 of 3
nginPG rf sl{�,�y Ys EXHIBIT "D", p. 22 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
3
12. 118° 24 242. 79 feet along Lot 1-A of Kaloko Heights
Affordable Housing Subdivision, 3
along the remainder of Gr. 2942
to Huliko; 1
Thence along Lot 1-A and Lot 1-B
of Kaloko Heights Affordable
3
Housing Subdivision, along the
remainder of Gr. 2942 to Huliko
on a curve to the right with a
radius of 530.00 feet, the chord
azimuth and distance being:
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13. 1350 30' 40" 311. 88 feet ;
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14. 72° 56' 05" 17. 10 feet along Lot 1-B of Kaloko Heights
Affordable Housing Subdivision,
along the remainder of Gr. 2942
to Huliko; I
15. 162° 56' 05" 794 . 94 feet along Lot 7-C-1, along the
remainder of Gr. 2942 to Huliko
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to the point of beginning and
containing an area of 3 .766
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Acres.
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�1{ Description Prepared By:
0 LICENSED
PROFESSIONAL 7
LANDC�?�'
* SURVEYOR x 0/22
No10544 Rommel C. Ofalsa
,t. Licensed Professional Land Surveyor
Certificate No. 10544
July 19, 2021
`Z'MK: (3) 7-3-009: 071
I
X:\PROJECTS\SURVEY2019\190130 KALOKO HEIGHTS HOUSING\DESCRIPTIONS\LOT_R-1_DESC.doc
END OF DESCRIPTION
Parcel designated as TIVIK(3) 7-3-009:071
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SAM O. HIROTA,INC. Page 3 of 3
Znl rnee r4 X,surVeyars EXHIBIT "D", p. 23 of 23
864 South Beretania Street
Honolulu,Hawaii 96813
Phone:(808)537-9971 Fax: (808)524-6313
OFFICE OF THE COUNTY CLERK O, , Y CLERK,
.
COUNTY OF HAWAi3
County of Hawai i
Kona, Hawaii
flZi OCT 7 AN 9: 12
Introduced By: Matt Kaneali'i-Kleinfelder (B/R) ROLL CALL VOTE
Date Introduced: .September 8, 2021 AYES NOES `. ABS EX
First Reading: September 8, 2021 Chung X
Published: September 17, 2021 David X
Inaba X
REMARKS. Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
Second Reading: September 22, 2021 9 0 0 0
To Mayor: September 30, 2021
Returned: October 7. 2021 ROLL CALL VOTE
Effective: October 6, 2021 AYES NOES ABS EX
Published: October 22, 2021
Chung X
REMARKS. David X
Inaba X
Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
7 0 2 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
Ain
COUNCIL CH v° - =.i vN
App rove1Disapproved this day
of u v ✓ , 20 2 / . CO L RK
Bill No.: 65
MAYOR, COUNTY OF HAWAII' C-377/Waived FC
Reference:
Ord No.: 21 67