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HomeMy WebLinkAboutCOM 0569.001 1998-2000 4oJMTr or M,K'' - ~I~; William G. Davis SteQhen K. Yamashiro Mmiaging Director t1 F.. Mnyoi wear Henry Cho r Dr ut Mana in Din°ctr.r ~r; oe•xr.•M r n " i L F y f` P N S 3 %J Jli~r I I 2 II) Cnnixz~#~r ~~firrr~~~ , ~ ~ % :~i 25 Aupuni Street, Room 275 Hilo, Hawaii 96720-4252 (808) 9611i2ll Fax (808) 967-6553 KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, I lawaii 96740 (808) 329-522fi • Pax (808) 326-5663 January 5, 2000 MEMORANDUM To: The Honorable James Y. Arakaki, Chairperson Council the County of Hawaii From: Glenn Y. uchi, Executive Assistant Subject: Resolution No. 85-99 Authorizing the Abandonment and Disposition of a ortion of the Old Government Road situate at Makapal North Kohala, Hawaii Pursuant to the request made a the Council's Committee on Public Works and Parks meeting held on January 4, 2000, being transmitted for distribution to the members of the Council is nine (9) sets of the following: 1. Judgment for Civil No. 89-103, Moore v. Lum, et al; 2. Findings of Fact and Conclusions of Law for Civil No. 89-103, Moore v. Lum, et al; 3. Stipulation for Entry of Judgment and Order for Civil No. 89-103, Moore v. Lum, et al; and 4. Quitclaim Deed dated August 23, 1999, by and between the State of Hawaii by its Board of Land and Natural Resources, as the grantor, and the County of Hawaii, as the grantee. Should there be any questions on this matter, please feel free to call on me at 961-8503. Enclosures c: William G. Davis Gerald Takase Henry T. Nakamoto Comm. No. ~ ' / Fite No. D O C GOUNGSL Ref. Tos Ref. Date ~ 5 000 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Nakamoto, Yoshioka & Okamoto 187 Kapiolani Street Hilo, Hawaii 96720 NAKAMOTO, YOSHIOKA & OKAMOTO ATTORNEYS AT LAW ~ A LAW CORPORATION t-- ~ iJ) C] ROY K. NAKAMOTO 830 nD - T^`-' 187 Kapiolani Street rn -I Q1 Hilo, Hawaii 96720 '9 02=. ~ N D a Telephone No.: 961-0641 D N Q1 Attorneys for Plaintiffs. IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII ROBERT CARTER MOORE, ) Civil No. 89-103 Plaintiff, ) JUDGMENT vs. ) WILLIAM K. LUM, et al., ) IharoC, r carify chat this is a full, true end correct ccpy,O ~ the origir~on file in thin atflo~. jk\gtitle\, ppre\j udgment I,l/ ~ + ~ November 29, 1993 1 ~~/~J '~,,,l.r Clxk ~ Ir Cirtwt uurt. Sfna of Newaii r ((~1 1 ) Defendants. ) JUDGMENT This case came before the Court on October 21, 1993 in the matter hereinafter set forth and the Court having filed its Findings of Fact and Conclusions of Law, and reviewing the files and records herein and otherwise fully advised in the premises, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Plaintiff Robert Carter Moore as to a 2/5 interest and the Defendants William K. Lum, Ida F. Lum and Stanley F. Lum as to a 3/5 interest are the owners of the property described as follows: PARCEL I All that certain piece or parcel of land situate at Makapala, District of North Kohala, County and State of Hawaii, same being a portion of R. P. 3371, L. C. Aw. 9781 to Keliileolea, described as follows: Beginning at a 3/4 inch pipe in concrete, marked n896 (found), at the southwest corner of this parcel of land, the northwest corner of Lot 9-A-7-B-1, Land Court Application 1332, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPAAIKI", being 5,441.73 feet South and 1,356.37 feet East and running by azimuths measured clockwise from True South: jk\qt it le\, ppre \j udgment November 29, 1993 2 1. 203° 16' 209.10 feet along Government Land and along the remainder of R.P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe; 2. 272° 31' 117.00 feet along Government Land and along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe (found); 3. 15° 34' 117.87 feet along Main Government Road to a pipe; 4. 345° 15' 48.40 feet along Main Government Road to a pipe; 5. 42° 03' 62.90 feet along Main Government Road to a pipe; 6. 98° 17' 139.50 feet along Lot 9-A-7-B-1, Land Court Application 1332 to the point of beginning and containing an area of 0.639 Acre. SUBJECT HOWEVER, to the following: 1. The Old Government Road is owned by the State of Hawaii. 2. Reservation of all minerals and metallic mines of every description in .favor of the State of Hawaii as described in Royal Patent No. 337, Land Commission Award 9781 to Keliileolea. 3. No right, title, interest, claim in water, upon, flowing or under the land as adjudicated in this proceedings. 2. Plaintiff Robert Carter Moore as to a 2/5 interest and the Defendants William K. Lum and Ida F. Lum as to a 3/5 interest are the owners of the property described as follows: jk\gtit le\, ppre\j udgment November 29, '1993 3 PARCEL II All that certain piece or parcel of land situate at Makapala, District of North Kohala, County and State of Hawaii, same being a portion of R. P. 3371, L. C. Aw. 9781 to Keliileolea, described as follows: Beginning at a 1/2 inch pipe in concrete (found), at the northwest corner of this parcel of land and on the easterly side of Main Government Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPAAIKI", being 5,148.50 feet South and 1,667.53 feet East and running by azimuths measured clockwise from True South: 1. 291° 46' 139.75 feet along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to the middle of Waikane Stream and passing over a pipe at 129.75 feet; Thence along the middle of Waikane Stream in all its windings for the next three (3) courses, the direct azimuths and distances between points being: 2. 26° 08' S0" 155.65 feet; 3. 332° 17' 10" 72.26 feet; 4. 4° 54' 06" 60.24 feet; 5. 99° 06' 131.40 feet along Main Government Road to a pipe and passing over a pipe at 20.00 feet; 6. 111° 20' 38.60 feet along Main Government Road to a pipe; 7. 142° 36' 38.30 feet along Main Government Road to a pipe; 6. 175° 53' 57.40 Feet along Main Government Road to a pipe; 9. 208° 11' 219.00 feet along Main Government jk\gtit Le\,ppre\j udgment November 29, 1993 4 r_ ~ Road to the point of beginning and containing an area of 1.050 Acres. SUBJECT HOWEVER, to the following: 1. Reservation of all minerals and metallic mines of every description in favor of the State of Hawaii as described in Royal Patent No. 337, Land Commission Award 9781 to Keliileolea. 2. No right, title, interest, claim in water, upon, flowing or under the land as adjudicated in this proceedings. 3. Plaintiff Robert Carter Moore as to a 2/5 interest and the Defendants Satoshi Hirano and Tsurue Hirano as to a 3/5 interest are the owners of the properties described as follows: PARCEL III All that certain piece or parcel of land situate at Makapala, District of North Kchala, County and State of Hawaii, same being a portion of R. P. 3371, L. C. Aw. 9781 to Keliileolea, described as follows: Beginning at a pipe, at the northeast corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPAAIKI", being 4,893.58 feet South and 1,094.70 feet East and running by azimuths measured clockwise from True South: 1. 6° 16' 22" 151.25 feet along the remainder of R P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe; 2. 96° 16' 22" 92.00 feet along Parcel 1 along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe; 3. 186° 18' 22" 151.25 feet along Parcel 1 along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe; jk\gt~tle\,ppre\j udgment November 29, 1993 5 ~ 4• 276° 16' 22" 92.00 feet along Parcel 1 along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to the point of beginning and containing an area of 0.319 Acre. SUBJECT HOWEVER, to the following: 1. Reservation of all minerals and metallic mines of every description in favor of the State of Hawaii as described in Royal Patent No. 337, Land Commission Award 9781 to Keliileolea. 2. No right, title, interest, claim in water, upon, flowing or under the land as adjudicated in this proceedings. PARCEL IV All that certain piece or parcel of land situate at Makapala, District of North Kohala, County and State of Hawaii, same being a portion of R. P. 3371, L. C. Aw. 9781 to Keliileolea, and a portion of L. C. Aw. 9559-3, Apana 3 to Wm. C. Lunalilo, described as follows: Beginning at a 2 inch pipe in concrete, marked #792, at the southwest corner of this parcel of land and on the north side of Government Main Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPAAIKI", being 5,178.14 feet South and 883.17 feet East and running by azimuths measured clockwise from True South: 1. 186° 18' 22" 659.10 feet along Lots 8 and 20-A, Land Court Application 1332 to a 1/2 inch pipe in concrete (found); 2. 293° 03' 22" 187.04 feet along Lot 20-A, Land Court Application 1332 to a pipe; 3. 6° 18' 22" 300.12 feet along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe; 7k\gtitle\, pyre\j udgment November 29, 1993 6 4'. 96° 16' 22" 92.00 feet along Parcel 2 along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe; 5. 6° 18' 22" 151.25 feet along Parcel 2 along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe; 6. 276° 16' 22" 92.00 feet along Parcel 2 along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a PiPe% 7. 6° 18' 22" 140.00 feet along the remainder of R. P. 3371, L. C. Aw. 9781 to Keliileolea to a pipe 8. 91° 53' 36" 179.64 feet along Government Main Road to the point of beginning and containing an area of 2.251 Acres. SUBJECT HGtdFVER, tc the following: 1. Reservation of all minerals and metallic mines of every description in favor of the State of Hawaii as described in Royal Patent No. 337, Land Commission Award 9781 to Keliileolea. 2. No right, title, interest, claim in water, upon, flowing or under the land as adjudicated in this proceedings. 3. The rights of Native Tenants as reserved in Land Commission Award 6559-B, Apana 3, and as further reserved by the Great Mahele, Section 7-1 of the Hawaii Revised Statutes, and Article XII, Section 7 of the State Constitution; 4. Confirmation of a land patent covering the portion of Land Commission Award 8559-B, Apana 3, affecting Parcel IV extinguishing any government interest in said Parcel IV. 7k\gtitle ppre\j udgment November 29, 1993 7 ~4, 4. That except as mentioned above, all other Defendants have not, nor have any other than them any right, title, interest or estate in said real properties. 5. That except as mentioned above, the respective Plaintiff Robert Carter Moore and the Defendants William K. Lum, Ida F. Lum and Stanley F. Lum and Satoshi Hirano and Tsurue Hirano's title to the above-described real properties is hereby forever quieted against any and all claims, demands or pretensions of other Defendants and any person to any right, title, possession, interest or equity in the above-described real properties, and said other Defendants and the world are hereby perpetually enjoined and restrained from setting up or making any claim to or upon the real property above described, or ary part thereof. ~ ~ N;r^ DATED: Hilo, Hawaii, .c. ' ~ SHUNICIII KIy1liRA ` y L JUDGE OF THE ABOV'B'^FrNTIT COURT rE CF ~ ~:PPROVED AS TO FORM: TERRANCE R. SHUMAKER Attorney for Defendants William K. Lum, Ida F. Lum, Stanley F. Lum Satoshi Hirano and Tsurue Hirano jk\gtitle\, ppre\j udgment November 29, 1993 8 Y r" Tr!fR U'r~p r; V~( VCi;Ri 7taT~ i;r fawau ~iL~9 93.{OY 30 P8 2~ 38 NAKAMOTO, YOSHIOKA & OKAMOTO "t ^!~V?,1 ATTORNEYS AT LAW 5.~,~. I C~ I A LAW CORPORATION ~~j*~ ROY K. NAKAMOTO 830 187 Kapiolani Street Hilo, Hawaii 96720 Telephone No.: 961-0641 Attorneys for Plaintiffs. IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII ROBERT CARTER MOORE, ) Civil No. 89-103 Plaintiff, ) FINDINGS OF FACT AND vs. ) CONCLUSIONS OF LAW WILLIAM K. LUM, et al., ) Defendants. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW This case came before this Court for Proof Hearing on October 21; 1993, before the Honorable Shunichi Kimura and also present were Henry T. Nakamoto, Attorney for Plaintiff, and Terrance R. Shumaker, Attorney for Defendants William K. Lum, Ida F. Lum, Stanley F. Lum, Satoshi Hirano and Tsurue Hirano, and the Court having reviewed the files, records and evidence presented herein and being otherwise fully advised in the premises, the .•s a a fu!f, trua and ]k\gtitle\moo re\findings 1 ;;,r igmal on file in this office October 29, 1993 J CWrk ThlrO vcuit CauR SU4 MNwgil Court does hereby find as follows: FINDINGS OF FACT: 1. Plaintiff, Robert Carter Moore, filed the Complaint herein on March 21, 1989 to quiet title and partition of 4 parcels of real property at North Kohala, on the Island of Hawaii and described as follows: PARCEL I All of that certain parcel of land situate at Makapala, District of North Kohala, County and State of Hawaii, consisting of LOT ONE, being a portion of Royal Patent Grant No. 3371, Land Commission Award 9781 to Keliileolea, containing an area of 0.639 acres, more or less, and more particularly described in Exhibit A attached to the Complaint and incorporated therein by reference, and designated on the tax maps of the Third Taxation Division; County of Hawaii, as Tax Map Key No. 5-2-8: 9; PARCEL II All of that certain parcel of land situate at Makapala, District of North Kohala, County and State of Hawaii, consisting of LOT TWO, being a portion of Royal Patent Grant No. 3371, Land Commission Award 9781 to Keliileolea, containing an area of 1.050 acres, more or less, and more particularly described in Exhibit B, attached to the Complaint and incorporated therein by reference, and designated on the tax maps of the Third Taxation Division; County of Hawaii, as Tax Map Key No. 5-2-9: 27; PARCEL IZI All of that certain parcel of land situate at Makapala, District of North Kohala, County and State of Hawaii, being a portion of Royal Patent Grant No. 3371, Land Commission Award 9781 to Keliileolea, containing an area of .319 acres, more or less, and more particularly described in Exhibit C attached to the Complaint and incorporated therein by reference, and designated on the tax maps of the Third Taxation Division, County of Hawaii, as Tax Map Key No. 5-2-9: 34; jk\qti tle\moo re\f findings October 29. 1993 2 f'' ~ PARCEL IV All of that certain parcel of land situate at Makapala, District of North Kohala, County and State of Hawaii, being a portion of Royal Patent Grant No. 3371, Land Commission Award 9781 to Keliileolea, containing an area of 2.251 acres, more or less, and more particularly described in Exhibit D attached to the Complaint and incorporated therein by reference, and designated on the tax maps of the Third Taxation Division; County of Hawaii, as Tax Map Key No. 5-2-9: 35; AS TO PARCELS I AND II 2. The Plaintiff claims an undivided 2/5 interest and the Defendants William K. Lum, Ida F. Lum and Stanley F. Lum, collectively referred to as Lums, claim the remaining 3/5 interest by deed, devise, inheritance and adverse possession. 3. That all known Defendants residing in the State of Hawaii have been ,personally served with process; that all known Defendants residing outside the State of Hawaii have been served as provided in Sections 669-3 and 634-24, Hawaii Revised Statutes; that all unknown Defendants and those who have not been served as herein set forth, have been duly served with process by publication; that this Court has jurisdiction over the subject matter and all Defendants herein. 4. Default upon the Complaint has been entered against all the Defendants except as follows: a. The Defendants, Daniel A. Coakley, Louise K. Coakley, Veronica E. Coakley and Jeffrey K. Coakley, the owners of the property bearing Tax Map Key 5-2-9: 29 have agreed that a jk\qtf tle\moo re \findings Octc ber 29. 1993 3 common boundary with Parcel II is correct and accurate and have disclaimed any interest in Parcel II. b. The Defendants James Kealoha II and Joan L. Kealoha, the owners of the property bearing Tax Map Key 5-2-9: 26, by and through their attorney William K. Amona, have agreed that the common boundary with Parcel II, being the middle of Waikane Stream as set in the Complaint is correct and accurate and have disclaimed any interest in Parcel II. c. The Plaintiff and the Lums had entered into a Stipulation with the State of Hawaii. The Stipulation recognized the State of Hawaii's rights of Native Tenants, the reservation of mineral and metallic mines, that the State of Hawaii is the owner of the Old Government Road located in Tax Map Key 5-2-8: 9, and that it has no right, title, interest, claim in water, upon, flowing or under the properties. 5. Land Commission Award 9781 was issued to Keliileolea (k) on June 4, 1851, covering lands at Makapala, North Kohala, Hawaii. The award was confirmed by Royal Patent 3371 on November 12, 1856, granting 17.70 acres, including Parcels i and II mentioned above. 6. The said Keliileolea died in 1872 and the probate of his estate was filed on June 13, 1876 in the Third Circuit Court on this island under the name of Probate No. 314, "In the Matter of the Estate of Keliileolea, Deceased". The Probate named the jk\qti tle\moo re\findingc 4 October 29. 1993 heirs~at law of Keliileolea, as follows: a) Maleka (w) a daughter as to a 1/2 interest. b) Kamila (w) deceased (1) Aiwohi (k) a grandson, son of Kamila as to a 1/4 interest. (2) Kalua (k) a grandson, son of Kamila, as to a 1/4 interest. 7. The Estate of Keliileolea was not completed but Kalua, also known as J. K. Kahookano, also known as John Jackson Kalua Kahookano and Aiwohi, also known as D. W. A. Kahookano, by unrecorded deed dated September 3, 1883, conveyed their interests in the propertied to their aunt Mareka, also known as Maleka. 8. Subsequently, by deed dated August 22, 1889 recorded in Liber 130 page 254 in the Bureau of Conveyances, the said Maleka reconveyed the property to J. K. Hookano, also known as J. K. Kahookano. By deed dated September 20, 1899, recorded in Liber 198, page 49, in the said Bureau of Conveyances, Kama, the son of Maleka also conveyed the properties to J. K. Kahookano. 9. The said John Kalua Kahookano died on February 28, 1900 and the probate of his estate was filed in the First Circuit Court on February 28, 1900 in Probate No. 3389 "In the Matter of the Estate of John Kalua Kahookano, Deceased". ey Final Order of Distribution dated April 12, 1901, the said properties were distributed as follows: ]k\q cl cle\moore\findings 5 OcCOber 29. 1993 • ~ _ a) Lizzie Kahookano, widow (whose dower interest expired when she died on December 20, 1939). b) Adeline Mila Kahookano, daughter as to a 1/5 interest. c) Edward Harry Kahookano, son, as to a 1/5 interest. d) Catherine Kahookano, daughter, as T.o a 1./5 interest. e) Martha Kahookano, daughter, as to a 1/5 interest. f) John K. Kahookano, son, as to a 1/5 interest. 10. By deed dated May 4, 1923 recorded in Liber 692, page 283 in the said Bureau of Conveyances, Catherine Ahia Komomua, also known as Catherine Kahookano conveyed her 1/5 interest in the property to her sister Adeline K. Clark, also known as Adeline Mila Kahookano. Then by deed dated June 14, 1923 recorded in Liber 676, page 236 in the said Bureau of Conveyances, said Adeline K. Clark conveyed her own 1/5 interest in the property and the 1/5 interest from Catherine Ahia Komomua to Charles K. Hosea. Then by deed dated January 21, 1923 in Liber 722, page 112 in the said Bureau of Conveyances Martha Moore, also known as Martha Kahookano, conveyed her 1/5 interest in the property to Charles K. Hosea. From that time to the present time by unbroken chain, the said 3/5 interest in the property passed to the Defendants, William K. Lum, Ida F. Lum and Stanley F. Lum as follows: Parcel I, Tax Map Key 5-2-8: 9 to jk\q c3 cle\moo re\flntlinga O<cober 29. 1993 6 Wi11iAm K. Lum, Ida F. Lum and Stanley F. Lum, and Parcel II, Tax Map Key 5-2-9: 27 to William K. Lum and Ida F. Lum. 11. Edward Harry Kahookano died on November 24, 1937 intestate and the probate of his estate was filed on January 6, 1938 in the First Circuit Court, in Small Estate No. 1973 "In the Matter of the Estate of Edward Harry Kahookano". By Amended Order of Distribution dated December 19, 1957, the 1/5 interest of Edward Harry Kahookano was distributed as follows: a) Martha Moore (formerly Martha Kahookano). b) Catherine Ahia Komomua (formerly Catherine Kahookano). c) John K. Kahookano. d) Children of Adeline Clark, deceased, (formerly Adeline Mila Kahookano) (1) Harry Clark (2) Adeline Clark Yen (3) Martha Clark Porter (4) Children of K. C. Allen, deceased and spouse (a) William E. K. Allen, widower (b) William E. K. Allen, Jr. By unbroken chain of title, the 1/5 interest of Edward Harry Kahookano passed to Martha Moore, formerly Martha Kahookano, who had acquired all of the interest of the heirs of Edward Harry Kahookano except for the possible interest of Jan Hollinger jk\gci[le\moore\findinge oceober 29. 1993 7 mentioned below. 12. John K. Kahookano, by deed dated January 15, 1955 recorded in the Bureau of Conveyances in Liber 2917, page 352, conveyed his 1/5 interest in the properties to the said Martha Moore. 13. Martha Moore, also known as Martha Moehau Moore, also known as Moehau Martha Kahookano Moore, also known as Martha K. Moore, died on December 1, 1964 and her estate was filed on July 7, 1965 in the Second Circuit Court, State of Hawaii in Probate No. 26631 "In the Matter of the Estate of Moehau Martha Moore". Hy Final Order of Distribution, the 2/5 interest of the said Martha Moore in the property was distributed to her son Robert Carter Moore, the Plaintiff herein. 14. The Tax office records show that Lilletta H. Clarke and Jayne H. Clarke had an interest in the property. They were adopted daughters of Jan Hollinger, a deceased niece of Edward Harry Kahookano and the Lilletta H. Clark under the name of Lilleta Hollinger Clark Abbey and Jayne H. Clarke under the name Jayne Hollinger Clarke Akau by deeds both dated December 10, 1987 and recorded in the Bureau of Conveyances in Liber 21453, page 464 and Liber 21453, page 470, respectively, quitclaimed all of their right, title and interest in the property to the Plaintiff so that he would have the full undivided 2/5 interest in the property. jk\q ci cle\moore\findingc Oc co ber 29. 1993 ~5. The Lum family, to wit, the Defendant William K. Lum and his brother and sister, Charles Lum and Ah Lan Perreira by deed dated April 16, 1955 and recorded in the Bureau of Conveyances in Liber 2953, page 65, acquired the properties from Kiyomatsu Komoto, who is in the Charles Hosea chain mentioned above. After acquiring the property from Kiyomatsu Komoto, the Lum family conveyed interests among themselves to the present time. The Defendants William K. Lum and Ida F. Lum are the owners of the Lum's interest in Parcel II, and the Defendants William K. Lum, Ida F. Lum and Stanley F. Lum are the owners of Lum's interest in Parcel I. From that time to the present time, the Defendant Lug and his family entered on the property into actual possession of the properties under color of title. 16. As to Parcel II, when the Lums entered on the land and took up residence on the property, there was a dwelling on the premises from their predecessors. From that time to the present time, the Lums have been living continuously on the land. They have repaired the house from time to time, remodeled the kitchen and the porch. They have maintained the property during the entire period, including mowing the lawn and removing growing bushes and trees on the land. - 17. As to Parcel I, the Defendants maintained the premises, bulldozed and shaped the land, Leveled the same and removed trees and bushes therein. The Defendant "watched" the property, which Jk\gtitle\moo re\Plndings October 29, 1993 9 was across the street from their home, which was part of the original grant of the property to prevent others from using and occupying the property. 18. From at least 1955 the Defendant Lums, far themselves and on behalf of the Plaintiff and his predecessors as co-tenants of the property have claimed Parcels I and II under color of title and used the same exclusively, openly, notoriously in their own right, adversely to the world for a period of more than 20 years. AS TO PARCELS III AND IV 19. The Plaintiff claims an undivided 2/5 interest and the Defendants Satoshi Hirano and Tsurue Hirano collectively referred to as Hiranos, claiming the remaining 3/5 interest by deed, devise, inheritance and adverse possession. 20. That all known Defendants residing in the State of Hawaii have been personally served with process; that all known Defendants residing outside the State of Hawaii have been served as provided in Section 669-3 and 634-24, Hawaii Revised Statutes; that all uhknown Defendants and those who have not been served as herein set forth, have been duly served with process by publication; that this Court has jurisdiction over the subject matter and all Defendants herein. 21. Default upon the Complaint has been entered against all jk\qti tl a\moa re\findings October 29. 1993 1 . ~ ~ the Defendants except as follows: a. The Defendant Veronica E. Coakley, the owner of the property bearing Tax Map Key 5-2-9: 33 has agreed that a common boundary with Parcels III and IV is correct and accurate and have disclaimed any interest in Parcels III and IV. b. The Defendant Larkspur Real Estate Management, Inc., the owner of the property bearing Tax Map Key 5-2-01: 14 and 5-2-10: 2 has agreed that the common boundary with Parcel IV is correct and accurate and has disclaimed any interest in Parcel IV. c. The Defendant David M. Arakaki, the owner of the property bearing~Tax Map Key 5-2-9: 32 has agreed that the common boundary with Parcels III and IV is correct and accurate and has disclaimed any interest in Parcels III and IV. d. The Defendant The Episcopal Church in Hawaii has filed a Stipulation disclaiming any interest in Parcel IV. e. The Plaintiff and the Hiranos had entered into a Stipulation with the State of Hawaii. The Stipulation recognized the State of Hawaii's right of Native Tenants, the reservation of mineral and metallic mines, reserved in Land Commission Award 8559-B, Apana 3 and the Great Mahele, Section 7-1 of the Hawaii Revised Statutes and Article XII, Section of the State Constitution. That the State of Hawaii shall have an interest in Parcel IV until a land patent confirming the portion of Land ~k\gClele\moo re\flndings 1 1 Occober 29. 1993 . t_ Commission Award 8550-B, Apana 3 is issued pursuant to Chapter 172, Hawaii Revised Statutes. 22. Land Commission Award 9781 was issued to Keliileolea (k) on June 4, 1851 covering lands of Makapala, North Kohala, Hawaii. The award was confirmed by Royal Patent 3371 on November 12, 1856, granting 17.70 acres, including Parcels III and IV mentioned above. 23. The said Keliileolea died in 1872 and the probate of his estate was filed on June 13, 1876 in the Third Circuit Court on this island under the name of Probate No. 314, "In the Matter of the Estate of Keliileolea, Deceased". The Probate named the heirs at law of Keliileolea, as follows: a) Maleka (w) a daughter as to a 1/2 interest. b) Kamila (w) deceased (1) Aiwohi (k) a grandson, son of Kamila as to a 1/4 interest. (2) Kalua (k) a grandson, son of Kamila, as to a 1/4 interest. 24. The Estate of Keliileolea was not completed but Kalua, also known as J. K. Kahookano, also known as John Jackson Kalua Kahookano and Aiwohi, also known as D. W. A. Kahookano, by unrecorded deed dated September 3, 1883, conveyed their interests in the properties to their aunt Mareka, also known as Maleka. 25. Then, by deed dated September 3, 1883 recorded in Liber jk\gCiele\moo re\findingc 1 2 occober 29. 1993 88 page 48 in the Bureau of Conveyances, the said Maleka reconveyed the property to D. W. A. Kahookano and J. K. Kahookano. Then by deed dated September 10, 1883, recorded in Liber 87, page 410, in the said Bureau of Conveyances, D. W. A. Kahookano conveyed his interest in the properties to J. K. Kahookano. Then by deed also dated September 10, 1883, but recorded in Liber 88, page 50, J. K. Kahookano conveyed the said properties to D. W. A. Kahookano. 26. In any event, the said John Kalua Kahookano died on February 28, 1900 and the probate of his estate was filed in the First Circuit Court on February 28, 1900 in Probate No. 3389 "In the Matter of the Estate of John Kalua Kahookano, Deceased". By Final Order of Distribution dated April 12, 1901, the said properties were distributed as follows: a) Lizzie Kahookano, widow (whose dower interest expired when she died on December 30, 1939). b) Adeline Mila Kahookano, daughter as to a 1/5 interest. c) Edward Harry Kahookano, son, as to a 1/5 interest. d) Catherine Kahookano, daughter, as to a 1/5 interest. e) Martha Kahookano, daughter, as to a 1/5 interest. f) John K. Kahookano, son, as to a 1/5 interest. 27. By deed dated May 4, 1923 recorded in Liber 692, page jk\qci cle\moo re\findings 1 3 oc cober 29. 1993 ' 283 ih the said Bureau of Conveyances, Catherine Ahia Komomua, also known as Catherine Kahookano conveyed her 1/5 interest in the property to her sister Adeline K. Clark, also known as Adeline Mila Kahookano. Then by deed dated June 14, 1923 recorded in Liber 676, page 236 in the said Bureau of Conveyances, said Adeline K. Clark conveyed her own 1/5 interest in the property and the 1/5 interest from Catherine Ahia Komomua to Charles K. Hosea. Then by deed dated January 21, 1923 in Liber 722, page 112 in the said Bureau of Conveyances Martha Moore, also known as Martha Kahookano, conveyed her 1/5 interest in the property to Charles K. Hosea. Subsequently, Charles K. Hosea by deed dated June 29, 1925, recorded in Liber 780, page 299 in said Bureau of Conveyances, conveyed an undivided 3/5 interest in the property to Asakichi Kinoshita. The said Asakichi Kinoshita died on May 11, 1948. His estate was not probated, but his widow, Masa Kinoshita and his son, Takaji Kinoshita, claiming the interest of Asakichi Kinoshita conveyed the properties to Defendant Satoshi Hirano and Tsurue Hirano by deed dated December 21, 1962, recorded in Liber 4438, page 465 in the said Bureau of Conveyances, the present owner of the 3/5 interest of the properties. 28. Edward Harry Kahookano died on November 24, 1937 intestate and the probate of his estate was filed on January 6, 1938 in the First Circuit Court, in Small Estate No. 1973 "In the jk\9 Ci tle\moore \f findings October 29. 1993 1 4 Matter~of the Estate of Edward Harry Kahookano". By Amended Order of Distribution dated December 19, 1957, the 1/5 interest of Edward Harry Kahookano was distributed as follows: a) Martha Moore (formerly Martha Kahookano). b) Catherine Ahia Komomua (formerly Catherine Kahookano). c) John K. Kahookano d) Children of Adeline Clark, deceased, (formerly Adeline Mila Kahookano) (1) Harry Clark (2) Adeline Clark Yen (3) Martha Clark Porter (4) Children of K. C. Allen, deceased and spouse (a) William E. K. Allen, widower (b) William E. K. Allen, Jr. By unbroken chain of title, the 1/5 interest of Edward Harry Kahookano passed to Martha Moore formerly Martha Kahookano, except for the possible interest of Jan Hollinger mentioned below. 29. Sohn K. Kahookano, by deed dated January 15, 1955 recorded in the Bureau of Conveyances in Liber 2917, page 352, conveyed his 1/5 interest in the properties to the said Martha Moore. 30. Martha Moore, also known as Martha Moehau Moore, also ]k\q ti ele\moore\findingc 1 5 October 29, 1993 known~as Moehau Martha Kahookano Moore, also known as Martha K. Moore, died on December 1, 1964 and her estate was filed on July 7, 1965 in the Second Circuit Court, State of Hawaii in Probate No. 26631 "In the Matter of the Estate of Moehau Martha Moore". By Final Order of Distribution, the 2/5 interest of the said Martha Moore in the property was distributed to her son Robert Carter Moore, the Plaintiff herein. 31. The Tax office records showed that Lilletta H. Clarke and Jayne H. Clarke had an interest in the property. There were adopted daughters of Jan Hollinger, a deceased niece of Edward Harry Kahookano and the Lilletta H. Clarke under the name Lilleta Hollinger Clarke Abbey and Jayne H. Clarke under the name Jayne Hollinger Clarke Akau by deeds both dated December 10, 1987 and recorded in the Bureau of Conveyances in Liber 21453, page 464 and Liber 21453, page 470, respectively, quitclaimed all of their right, title and interest in the property to the Plaintiff so that he would have the full undivided 2/5 interest in the property. 32. Parcels III and IV abut on each other and were used together as one piece of the property. Although the Defendants Hirano acquired the title in 1962, they had rented the property from its predecessor, the Kinoshita family and had growing sugar cane on the entire parcels except for the dwelling on Parcel IV. They borrowed from the Bank of Hawaii and gave a crop mortgage on jk\gtielc\moo re\findingc aceober 29. 1993 1 6 the property to the Bank as shown by a Crop Mortgage & Assignment dated September 23, 1958 and recorded in the Bureau of Conveyances in Liber 3501, page 65. They took up residence in the dwelling on the premises when they acquired the title of the property and from that time to the present time they have lived on the premises. They had kept the entire property covered by sugar cane until about 1975 when the plantation, Kohala Sugar Co., went out of the sugar business. After that, they used the . premises for growing vegetables for their own use and put the rest of the land in lawn and fruit trees and ornamental trees. 33. From at least 1958, the Defendants Hirano for themselves and on behalf of the Plaintiff and his predecessors as co-tenants of the property and have claimed Parcels III and IV under color of title, and used the same exclusively, openly, notoriously in their own right, adversely to the world for a period of more than 20 years. CONCLUSIONS OF LAW 1. This Court has jurisdiction over the parties and the property and the subject matter of this action. 2. The Plaintiff has joined as defendants all persons who have or may claim an interest in the subject property, has joined as defendants all adjoining landowners and has effected service of process personally or by publication upon all said defendants Jk\gcicle\moa re\findings 1 7 Oc saber 29, 1993 as required by law. 3. As to Parcel I, the Plaintiff, Robert Carter Moore as to an undivided 2/5 interest, and the Defendants William K. Lum, Ida F. Lum and Stanley F. Lum as to an undivided 3/5 interest in the property, and as to Parcel II, the Plaintiff Robert Carter Moore as to an undivided 2/5 interest and Defendants William K. Lum and Ida F. Lum as to an undivided 3/5 interest in the property, have established that they are the owners in fee simple of the said properties and they are respectively entitled to the quiet enjoyment and peaceful possession of the subject properties described herein and all improvements thereon, as against all Defendants herein and all person claiming under them and all other persons unknown claiming any right, title, estate, lien or interest in the said properties, except as follows: (a) A reservation of all mineral and metallic mines of every description as reserved in Royal Patent 3371, Land Commission Award 9781 to Keliileolea. (b) Defendant State of Hawaii is the owner of the Old Government Road located on Parcel i herein. Cd) No right, title, interest or claims to water having its source upon or flowing over, or under the lands involved in this action are adjudicated herein and are specifically exempted from this proceedings. 4. As to Parcels III and IV, the Plaintiff Robert Carter Jk\qci tle\moo re\findinge October 29. 1993 18 Moore :as to an undivided 2/5 interest and the Defendants Satoshi Hirano and Tsurue Hirano as to an undivided 3/5 interest in the properties have established that they are the owners in fee simple of the said properties and they are respectively entitled to the quiet enjoyment and peaceful possession of the subject properties described herein and all improvements thereon, as against all Defendants herein and all person claiming under them and all other persons unknown claiming any right, title, estate, lien or interest in the said properties, except as follows: (a). A reservation of the rights of Native Tenants as reserved in Land Commission Award 8559-B, Apana 3, and as further reserved by the Great Mahele, Section 7-1 of the Hawaii Revised Statutes, and Article XII, Section 7 of the State Constitution. (b) A reservation of all mineral and metallic mines of every description as reserved in Royal Patent 3371, Land Commission Award 9781 to Keliileolea. (c) That the State of Hawaii will continue to have an interest in Parcel IV herein, until a land patent confirming the portion of Land Commission Award 8559-B, Apana 3, affecting Parcel IV is issued pursuant to Chapter 172, Hawaii Revised Statutes, extinguishing any government interest in said Parcel IV. (d) No right, title, interest or claims to water having its source upon or flowing over, or under the lands Jk\q ci [le\moore\!indings 1 9 Occober 29, 1993 involved in this action are adjudicated herein and are specifically exempted from this proceedings. 5. Plaintiff and the Defendants Lums and Hirano, respectively are entitled to a judgment quieting title to said lands, a determination that Plaintiff and the said Defendants are the respective owners in fee simple, absolutely of said lands, except as noted herein and that all other Defendants have no right, title or interest in said lands except as noted herein. DATED: Hilo, Hawaii, 2 ' i9~3 JUDGE OF THE ABOVE ENTITLED COURT APPROVED AS TO FORM: ERRANCE R. SH KER Attorney for Defendants William K. Lum, Ida F. Lum, Stanley F. Lum, Satoshi Hirano and Tsurue Hirano jk\gtitle\moore\f findings October 29, 1993 2 0 ~T:- Rn ~~3i a C r WARREN PRICE, III 1212 92 FED -4 MN 9~ 58 Attorney General State of Hawaii i•! I ~;JJ~ JEFFERRY KATO 2254 ~"r`~~ Deputy Attorney General Room 300, Kekuanao'a Building 465 South King Street Honolulu, Hawaii 96813 Telephone: 587-2986 Attorneys for Defendant State of Hawaii IN THR CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII ROBERT CARTER MOORE, ) CIVIL NO. 89-103 Plaintiff, ) STIPULATION FOR ENTRY OF JUDGMENT AND ORDER vs. ) WILLIAM K. LUM; et al., ) Defendants. ) STIPULATION FOR ENTRY OF JUDGMENT AND ORDER It Is Hereby Stipulated by and between Plaintiff, Robert Carter Moore, (hereinafter "Plaintiff Moore"), and Defendants State of Hawaii, William r. Lum, Iua r-. Lum, S~aniey F. Lum, Satoshi Hirano, and Tsurue Hirano, by and through their respective counsel, that as to Defendant State of Hawaii's interests only, a Judgment incorporating the following terms and conditions may be entered in the above-entitled matter without further notice to Defendant State of Hawaii: ~ ~ ~ . 1. A reservation of the rights of Native Tenants as reserved in Land Commission Award 8559-B, Apana 3, and as further reserved by the Great Mahele, Section 7-1 of the Hawaii Revised Statutes, and Article XII, Section 7 of the State Constitution. 2. A reservation of all mineral and metallic mines of every description. as reserved in Royal Patent 337, Land Commission Award :7Si to Keliileolea. 3. Defendant State of Hawaii is the owner of the Old Government Road located on Parcel 3 herein. 4. That the State will continue to have an interest in Parcel 1 herein, until a land patent confirming the portion of Land Commission Award 8559-B, Apana 3, affecting Parcel 1, is issued pursuant to Chapter 172, Hawaii Revised Statutes, extinguishing any government interest in said Parcel 1. 5. No right, title, interest or claims to water having its source upon or flowing over, or under the lands involved in this action are adjudicated here, and are specifically excluded from this proceeding. As reserved in the paragraphs above, the State of Hawaii consents to the entry of judgment as to the lands covered by this action; that the above-noted terms and conditions shall be encumbrances thereon and shall be incorporated in any final judgment and order herein; and that Plaintiff Moore and the remaining Defendants may proceed to determine their interests in the property without further -2- ' ' ~ participation by the State of Hawaii, provided that a copy of the final judgment, order, or decree shall be transmitted to Defendant State of Hawaii upon filing with the Court. DATED: Hilo, Hawaii, f EB 0 s 19y2 RO NAKAMOTO Att rney for Plaintiff DATED: Honolulu, Hawaii, F EB U 3 1992 ~ JEFF Y I TO Dep t iAtt rney General Att y f r Defendant S Lte of Hawaii DATED: Hilo, Hawaii, F t~ U ~ 1992 J IRE O Attorney for Defendants William K. Lum, Ida Lum, Satoshi Hirano & Tsurue Hirano APPROVED AND so 0 0 ~ FEB - 3 1992 P ~ _ $$ZJMCIIIILIIvIURA s u'~.., a JUDGE OF THE ABO. COURT 0378E IN THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAII; ROBERT CARTER MOORE V. WILLIAM K. LUM, et al.; CIVIL NO. 89-103; STIPULATION FOR ENTRY OF JUDGMENT AND ORDER. -3 - JUL,2 5 198 1Q MN M11M(( y w•wNIN rRq t. m ooN..ow i , .I IO.N• yN•Y •~^.-.i. STATE OF HAWAII a-~ DEPARTMENT OF THE ATTORNEY GENEAA~. LAND?RANSPORTATION DIVISION 11004 ]EE. RERVW0'~ EVIL0IMG M7 30VTN LINO 3T11E[7 MONOWLU. Ww~N M3N July 20, 1989 Tim Lui Kwan, Esq. Nakamoto, Yoshioka 6 Okaaloto 187 Kapiolani Street Hilo, Hawaii 96720 Dear Tim: Re: Moore V. Lum, Civil No. 89-103 Pursuant to your letter request of June 30, 1989, attached is a survey description and• a white print from the State Land Surveyor which indicate the location and boundaries of the old Government Road. If the Land Surveyor's location and description are acceptable, please contact me in order that we can begin working on a possible Stipulation regarding the State's interest. Thank you for your help-in resolving this matter. Very truly yours, . ~ Je f r ato De A torney General JK:am Enclosure > COPY ) ) ) ) ) - aws > o~z~. AUI; ,i j i99s..:. lo:oo.~ bocu hEN r 9-9-14D767 - LAND COURT SYSTEM ) REGULAR SYSTEM Return by Mail ( ) Pickup ( To: DEPT. OF LAND AND NATURAL RESOURCES LAND DIVISION Total Number of Paaes: Tax Map Key No. (3) 5-2-08:09 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT, effective as of the a3~ day of , 19~~, the STATE OF HAWAII, hereinafter referred to as the "Grantor," by its Board of Land and Natural Resources, for good and valuable consideration, paid to and at the Department of Land and Natural Resources by the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter referred to as the "Grantee," the receipt whereof is hereby acknowledged, does hereby remise, release and forever quitclaim without prejudice to the Grantor's contention that the subject parcel is already owned by the County of Hawaii, pursuant to Section 264-2, Hawaii Revised Statutes, unto the Grantee, its successors, and assigns, all of its right, title, interest, claim and demand in and to that certain parcel of land situate at Makapala, North Kohala, Island of Hawaii, Hawaii described as "Portion of Old Government P4Fl"~ AP>•'11 Deponmenl M Nle DEPARTMENT OF LAND AND NATURAL RESOURCES nnrm"y fnn",vl LAND DIVISION PO BOX 831 ~ NONOLULU wawnn 96809 Road," containing an area of 2,339 square feet, more particularly described in Exhibit "A" and delineated on Exhibit "B," both of which are attached hereto and made parts hereof, said exhibits being, respectively, a survey description and survey map designated C.S.F. No. 21,010 and dated July 13, 1989, prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii. AND the reversions, remainders, rents, issues and profits thereof, and all of the estate, right, title, and interest of the Grantor, both at law and in equity, therein and thereto. RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: 1. All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonable extending to the mining and removal of these minerals by any means whatsoever, including strip mining. "Minerals," as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock, or other material suitable for use and used in general construction in furtherance of the Grantee's permitted activities on the land and not for sale to others. 2. All surface and ground waters appurtenant to the land and the right on its own behalf or through persons authorized by it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. 3. All prehistoric and historic remains found in, on, or under the land. -2- CRFVM. ~PvrO. Doponmenl d Me DEPARTMENT OF LAND AND NATURAL RESOURCES ~ nnnmoy ~eoa~al LAND DIVISION PO BO%62t HONOLULU MRWP1196B09 Provided, however, that a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Grantee for any of Grantee's improvements taken. AND the Grantee, for itself, its successors and assigns, covenants with the Grantor and its successors as follows: 1. The use and enjoyment of the land conveyed shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. 2. The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned by the Grantee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. 3. That should the roadways herein granted be vacated, closed, abandoned, or discontinued, disposal of same shall be in accordance with provisions of Section 264-3, Hawaii Revised Statutes. TO HAVE AND TO HOLD the same together with all of the rights, easements, privileges and appurtenances thereunto belonging or in anyways appertaining or held and enjoyed therewith unto said Grantee, its successors and assigns, forever, except as noted herein. ''DEE'M. APP°'O j Deponmonr of the ~ 1 -~r. o.n~ fenarcl J - 3 - I DEPARTMENT OFLAND AND NATURAL RESOURCES LAND DIVISION PO 80k 63t NONOWW NaWan 96809 IN WITNESS WHEREOF, the STATE OF HAWAII, the Grantor herein, has caused the seal of the Department of Land and Natural Resources to be hereunto affixe~d-i and these presents to be duly executed this 31 F1fC day of U.ttiG _u' 19~~,, and the COUNTY OF 1~-..aa.~ the G antee herein, has caused these presents to be executed this .;i3`~ day of s.1 , 19~.',~, both effective as of the day, month, and ear first above written. STATE OF HAWAII Approved by the Board of ft~/~ Land and Natural Resources y at its meeting held on C airperson and Member January 22, 1999. ~ Board of Land and Natural Resources GRANTOR APPROVED AS TO FORM: / COUNTY OF HAWAII Depu tt rney General Dated: AUG 3 0 1999 By Stephen Yamashiro Its Mayor GRANTEE APPROVED AS TO FORM AND LEGALITY: De y Corporation Counsel (_AU6 1 9 1999 Dated: makapala.gc.deed.jk ~epanmanl o~ the >norncy Ganerol ~ DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION PO aO%821 vONOLULV ..swR~l 9aap9 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this ~3~ day of 19 before me personally appeared STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended, and said STEPHEN K. YAMASHIRO acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary P~~~ of Hawaii MYRIFEN K. KA101 My commission expires: 1 tb a-oo~ ~•S• / rgEt~M. nVPo'O 1~ Doponmmt o1 th< nlhrnry Goneml ~ i / -5- DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION vo Boz fia. MfJ N(N ULU MI.W RIi 96809 STATE OF HAWAII SURVEY DIVISION 21,010 DEPT. OF ACCOUNTING AND GENERAL SERVICES July 13, 1989 C./.I. Ne NONOLYW PORTION OF OLD GOVERNMENT ROAD Makapala, North Kohala, Island of Hawaii, Hawaii Beginning at the southeast crorner of this parcel of land and on the west side of Government Main Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAPAAIKI• being 5299.08 feet South and 1543.50 feet East, thence running by azim.Iths measured clockwise fran True South:- 1. Along R.P. 3371, L.C.Aw. 9781 to Keliileolea on a curve to the left with a radius of 140.00 feet, the chord azimuth and distance being: 110° 47' 40" 71.50 feet; 2. 96° 00' 46.22 feet along R.P. 3371, L.C.Aw. 9781 t0 KelllleOlea; 3. 203° 16' 20.94 feet along the remainder of Old Government Road; 4. 276° 00' 40.00 feet along A.P. 3371, L.C.Aw. 9781 to Keliileolea; 5. Thence along R.P. 3371, L.C.Aw. 9781 to Keliileolea on a curve to the right with a radius of 160.00 feet, the chord azimuth and distance being: 289° 30' 74.70 feet; 6. 15° 34' 21.11 feet along the west side of Government Main Road to the point of beginning and containing an AREA OF 2,339 SQUARE FEET. SURVEY DMSION DEPARTMENT OF ACCOUNTING AND GENEIW. SERVICES SPATE OF HAWAII II By: . l~o..YCC. ruul~ Ra a S. Nacanura Land rveyor gnI Canpiled flan R.M. 2328, Civil No. 89-103 and GOVT. Survey RECOrdS. PREI:.M. APP°'~. DePanmanl of ,he AMOmey Genarol -1- EXHIt31T "A" ~,o P° i~,r ~ A~ , v r Z • s• o a 0 7 h Q Z e ~ 'Y 7 - . LJ ..:"v ~ ~ 4j ~ ° d ` /J~ J ' ~ _ ;i •t' n' G ~ y.'~ / 117 ~ O -27L°jl'-I _ 276 00+ ,1T.0~ ~ Q _ n.o.oo , m ^ Hoad~ ~e9°3oT~-- N pld Go~ernmen'!'N 46.21 ~a..7o r al.lr i---- 0 ? 5299.oB 5. •.r,. Q So 1543.30 e. 1"' ~~KAPAAItSi~~~ a v;' ~'n o -c,33°.~',SQ•PT, o,'; f Z o~ G ~ °j ;J \U ''i O' ~ p ;v i to' , D ~h R.P 33'tt, L. C. Aw. 9781 -Fo q',',%a ~ z Ke 1 ii I eolea i N ' h ! ' f ' r E; ~ f f.' 0 p',Ia 11eQn~ yC '.'.l ~ ~ ~ 2%h c , Z v o rl, ~ o,. ti y inn a .T. - C r^--. ~t~ PO1~1T1 O N OF O I_ t~ G O YC Fi N M E nt T F~ O A t~ Makapala,[~fori-h PSohaia,tstarid o~Hawaii, Hawaii Scale= I irleh° 40 ~e~-~' Depanmenr of rhr nnomcy General goo F1-II9 (eo) REDUCED NOT TO SCALE c. ~K Civil No. B9•loj rA><NAp : S-e-oe SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES C. 1. F. N0.21,0 [O STATE OF HAWAII H.S.N. July 13,1989 -1- EXHIBlT "B"