HomeMy WebLinkAboutCOM 0739.001 1998-2000 L:~
Stephen k Yarnashiro Richard Wurdemaa
Mayor Corpornliax Coxnse(
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OFFICE OF THE CORPORATION COUNSEL
101 Aupunl Street, Suite 325 ~ Hilo, Hawd196720~A262 ~ 1808) 941-8251 ' rv: (BOR1941~bo22
TRANSMITTAL LETTER
DATE: A rfl 12, 2000 ~
TO: Councilman Curtis Tyler P -
Hawaii County Council
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FR: Steven Christensen _
Deputy Corporation Counsel ~
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RE: K_eauhou Master Homeowners Association [ne et al v County of Hawaii, et al.
Civil No. 95-006K
COPIES/ITEMS DATF. DESCRIPTION
1 Grant of Easement
1 Easement
1 Grant of Easement and Bill of Sale
1 Bill of Sale
1 Deed
TRANSMITTED FOR:
~ ]Your information and files [ ]Your approval
[ ]Your signature and return [ ]Your review & comments
[ ]Your signature and forwarding as noted below [ J See remarks below
[Xi Per your request [ ]Filing and return (envelope enclosed)
REMARKS: +
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Paulette Cainglit 1
Legal Clerk /
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carans Sc.vryd
Comm. No.1~9.001
File No.
tree. To: P /eounu'
Hef. Date APR 1 2 ?O~a
• •
LAND COURT REGULAR SYSTEM
AFTER RECORDATION, RETURN BY: MAIL () PICK -UP ( )
(Total Document Pages = 8)
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii,
whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the
"GRANTOR ", for and in consideration of the sum of TEN AND NO /100 DOLLARS
($10.00) and other valuable consideration to it in hand paid by KEAUHOU
COMMUNITY SERVICES, INC., a Hawaii corporation, whose address is 567 South
King Street, Honolulu, Hawaii 96813, hereinafter called the "GRANTEE ", the receipt
whereof is hereby acknowledged, does hereby grant and convey unto the said
GRANTEE, its legal successors and assigns, the right in the nature of perpetual
•
•
easements to maintain, operate, repair, remove and replace any and all existing sewer s
lines and other sewage collection system facilities located on, under, over and across
County of Hawaii road rights -of -way in the areas of Kahaluu and Keauhou, North Kona,
Hawaii. Said perpetual easements include, but are not limited to, perpetual easements
for the sewer lines and other sewage collection system facilities more particularly
described in Exhibit "A ", attached hereto and made a part hereof, and generally located
as shown on the map attached hereto as Exhibit "B" and made a part hereof.
TOGETHER with the right of ingress and egress thereto and therefrom over the
Grantor's adjoining land for the purpose of operating, maintaining and replacing said
sewer lines and other sewage collection system facilities.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that the
Grantor will not at any time erect any building or structure of any kind either above, on
or below the surface of the ground within said easement areas, unless such building or
structure shall be so constructed as not to interfere with said sewer lines and other
sewage collection system facilities, and also so as to allow unrestricted access to
GRANTEE in the maintenance, operation, replacement or removal of said sewer lines
and other sewage collection system facilities, or for other reasonable purposes, and the
GRANTOR hereby agrees that the GRANTEE shall not be liable or responsible for any
damage to any building foundation or building or structure of any kind within said
easement areas caused by or resulting from the exercise by the GRANTEE of the rights
herein granted.
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• •
IN WITNESS WHEREOF, the said GRANTOR has executed these presents this
day of , 2000.
COUNTY OF HAWAII
By
Its
GRANTOR
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• •
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this day of , 2000, before me personally
appeared , to me known (or who has proven to me on the basis
of satisfactory evidence) to be the person described in an who executed the foregoing
instrument, who, being 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 County of Hawaii, that said instrument was
signed and sealed on behalf of the County of Hawaii by authority given to said Mayor
by Section 5- 1.3(g) of the County Charter, County of Hawaii (1991), and that said
Mayor acknowledged said instrument to be the free act and deed of said County of
Hawaii.
(Notary's signature)
mw+Ktci•SA n..4
Notary Public, State of Hawaii
(Print Name)
My commission expires:
-4-
lk
•
KEAUHOU SEWAGE COLLECTION SYSTEM LINES AND FACILITIES:
•
1) No. 1 Sewer Line 8 -B:
The sewer line is located within the Alii Drive right -of -way.
2) No. 3 Kahaluu Sewer Force Main (FM):
One portion of the FM is located within private property (TMK: 7 -8- 13:02) and
the other within the Alii Drive right -of -way
3) No. 8 Sewer Line 1 -B:
Portion of sewer line 1 -B is located within the Manukai Street right -of -way. The
other portion is on private property (TMK: 7 -8- 20:19, 28).
4) No. 9 Sewer Force Main 6:
FM 6 is comprised of three segments:
a. The Southerly portion of FM 6 is located within the Kaleopapa Road
right -of -way.
b. The Northerly portion of FM 6 is located within the Kamehameha III
Road right -of- way.
c. small central portion of FM 6 may be located on private property (TMK: 7 -8-
10:44).
5) No. 10 Sewer Line 3 -B:
The sewer line is comprised of three segments:
a. The Northerly portion of the sewer line is located within the
Kamehameha III Road right -of -way.
b. The Southerly portion of the sewer line is located within the
Kaleopapa Road right -of- way.
c. A small central portion of the sewer line may be located on private
property (TMK: 7 -8 -10: 44 ).
6) No. 11 Sewer Line 4 -B:
The sewer line is located within the Kaleopapa Road right -of -way.
7) No. 12 Sewer Line 3 -A:
The sewer line is located within Ehukai Street right -of -way, being Lot 18 of
Keauhou Subdivision, Area 6, and the Kaleopapa Road right -of -way. Page 1 of 3
EXHIBIT "A"
Page 1 of 3
• •
•
8) No. 13 Sewer Line 11 -A:
The sewer line is comprised of three segments:
a. The Southerly portion of the sewer line is located on private property
(TMK: 7- 8- 10:36).
b. Sewer line then crosses Kamehameha III Road.
c. Northerly portion of the sewer line is located on private property
(TMK: 7 -8- 10:32).
9) No. 17 Sewer Line 5A:
The sewer line starts within Heeia Way, being Lot 28 of Keauhou Subdivision,
Area 5, and continues on private property (TMK: 7 -8- 20:11,13).
10) No. 18 Heeia Force Main:
The FM starts within private property (TMK: 7 -8- 20:13,28), then crosses into the
Manukai Street right -of -way, being Lot 27 of Keauhou Subdivision, Area 5.
11) No. 21 Hoei Gravity Sewer Line:
The sewer line starts within private property (TMK: 7 -8- 20:34) and
then enters into the Kaleopapa Road right -of -way.
12) 24 Force Main, Keauhou Sewerage System Phase II:
The FM is comprised of three segments:
a. The Southerly portion of the FM is located within the Kaleopapa Road
right -of -way.
b. The Northerly portion of the FM is located within the Kamehameha
III Road right -of- way.
c. A small central portion of the FM may be located on private property
(TMK: 7- 8- 10:44).
13) No. 25 Gravity Sewer Lines, Keauhou Sewerage System Phase II:
Portion of sewerline is located within the Kamehameha III Road right -of -way.
The other portion of the sewer line is located on private property (TMK: 7 -8-
10:03).
14) No. 26 Keauhou Shopping Village Offsite Sewer Line:
Sewer line begins in private property (TMK: 7 -8- 10:03). It then enters the Alii
Drive right -of -way.
EXHIBIT "A"
Page 2 of 3
• •
15) No. 27 Sewer Line A, Keauhou Resort, Phase II Infrastructure System:
Initial portion of sewer line begins within the Alii Drive right -of -way. Sewer line
then enters into the Kaluna Street right -of -way, a private roadway.
16) No. 28 Sewer Line B, Keauhou Resort, Phase II Infrastructure System:
The sewer line is located within the Kamehameha III Road right -of -way.
17) No. 31 Makolea Street Gravity Sewer Line:
The sewer line is located within the Makolea Street right -of -way.
18) No. 33 Alii Drive Sewer Improvements Phase 2A:
The sewer line is located within the Alii Drive right -of -way.
Per October 15. 1999 Report of R.M. Towill
EXHIBIT "A"
Page 3 of 3
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REGULAR SYSTEM
LAND COURT
AFTER RECORDATION, RETURN BY: MAIL () PICK -UP ( )
(Total Document Pages = 10)
EASEMENT
THIS INDENTURE, made this day of , 2000, by
and between The TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP,
hereinafter called the "Grantor", and the COUNTY OF HAWAII, a municipal corporation
of the State of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii 96720,
hereinafter called the "Grantee ".
WITNESSETH:
That the Grantor, in consideration of the sum of ONE DOLLAR ($1.00), to
it paid by the Grantee, the receipt of which is hereby acknowledged, and of the
•
covenants of the Grantee as hereinafter contained, does hereby grant, bargain, sell and
convey unto the Grantee, its successors and permitted assigns, an easement for an
underground sewer pipe line or pipe lines, as part of Grantee's municipal sewer system,
through, under and across the real property described in Exhibit "A ", attached hereto
and incorporated herein, hereinafter referred to as the "easement area ".
TOGETHER with the right to construct, reconstruct, install, maintain,
operate, repair and remove from the easement area, such sewer pipe line or pipe lines,
manholes and other equipment as the Grantee shall deem necessary or expedient for
the proper maintenance, operation or repair of said sewer system.
TO HAVE AND TO HOLD unto the Grantee, its successors and permitted
assigns for the aforesaid purposes, forever.
The parties hereto do mutually covenant and agree as follows:
1. The Grantor shall not at any time during the term of this
indenture erect or place any building foundation of any kind below the surface of the
easement area, or at any time erect or place any building or structure of any kind, other
than walls, fences, roads, walks, curbs or appurtenances thereof, above or on the
surface of the easement area, unless said building, structure or building foundation
shall be first approved by the Grantee; provided, however, that this provision shall not
prohibit the Grantor from planting or maintaining grass, shrubs and similar plants within
the easement area, or from laying, operating, maintaining, repairing or removing
Grantor's own water or sewer pipe lines, conduits or drains on or below the surface of
the easement area insofar as such uses do not interfere with the exercise by the
Grantee of the rights herein granted;
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• •
•
2. After the completion of any construction, reconstruction,
maintenance, operation, repair or removal work by the Grantee, the Grantee shall •
restore the surface of the ground within the easement area to its original condition to
the extent that such restoration is reasonably possible.
3. The aesthetics of all facilities and equipment constructed by
Grantee on the surface of the easement area shall be in conformance with the
landscaping of the surrounding area so that it shall be unobtrusive and blend in with the
surroundings. The facilities must be constructed and maintained in strict accordance
with the building and landscaping plans reviewed and approved by Grantor in writing.
• No deviations from said building and landscaping plans shall be permitted without the
prior written consent of the Grantor.
4. The Grantee shall take every reasonable precaution to
preserve and leave unaltered all places within the easement area, if any, of historic
and /or archaeological interest, including without limitation structures and sites listed or
eligible for listing on the Hawaii State Register of Historic Places and /or the National
Register of Historic Places, ponds, reservoirs, heiau, altars, agricultural terraces, lo'i,
walls, auwai, house platforms, imu, petroglyph sites, cemeteries; and all objects, if any,
of historic and /or archaeological interest, including without limitation antiquities and
specimens of Hawaiian or other ancient art or handicraft which may be found on or
below the surface of the easement area. In addition to the above, subject to the
amendment of applicable laws governing the matters set forth in this section, and
unless waived in writing by the Grantor, the Grantee shall be responsible to perform the
following duties:
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. • •
•
a. In the event any human remains and /or artifacts
(collectively "items ") are discovered on or below the surface of the easement area, the
Grantee shall, at the Grantee's sole expense and subject to the approval of Grantor, be
responsible to: (1) cause all excavation in the easement area which may damage the
items and the potential historic site to cease; (2) cause the site to be stabilized and
secured to temporarily protect the items against damage and /or theft; (3) cause the
items to be left untouched so that their archaeological context may be accurately
documented; provided, however, that if artifacts are found without human remains, if
leaving the artifacts in their stabilized and secured site will pose a substantial risk of
loss or damage to all or part of the artifacts, and if removal of the artifacts is therefore
necessary, then the Grantee shall cause such removal and shall cause any tampering
with the artifact and site to be minimized as much as possible; and (4) cause the
discovery to be reported immediately to Grantor.
b. In the case of the discovery of human remains, the
Grantee shall, at the Grantee's sole expense and in addition to the duties set forth in
subparagraph "a" above, cause to be prepared and executed a mitigation plan
acceptable to Grantor and to the government agencies possessing jurisdiction over
such matters. The Grantee shall also be responsible to obtain written verification that
the mitigation plan has been completed.
c. In the event any archaeological studies or historic
preservation studies are sought to be conducted in or on the easement area, by the
Grantee or anyone acting by or through the Grantee, the Grantee shall not permit said
studies to be commenced without the prior written consent of Grantor, and shall upon
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• •
completion of such studies cause a complete copy thereof to be provided to Grantor at
the earliest opportunity.
d. Grantor reserves the right at all times to enter the
easement area for the purposes of searching for, exploring for, and removing such
items for preservation as permitted by law.
5. Grantee shall not cause or permit the easement area to be
in violation of any Hazardous Materials Laws (as hereinafter defined). Grantee shall
immediately advise Grantor in writing of Grantee's discovery of any occurrence or
condition in the easement area or adjoining properties relating to Hazardous Materials
Laws. Grantee shall not cause or permit any Hazardous Materials (as hereinafter
defined) to exist on, under or about the easement area. Grantee shall indemnify
Grantor its successors in trust and assigns, from and against any loss, damage, cost
(including, without limitation, all reasonable attorney's fees), expense or liability directly
or indirectly arising out of or attributable to the use, storage, handling, release,
threatened release, disposal or presence of Hazardous Materials on, under or about the
easement area. The indemnification provision contained in this paragraph shall survive
the term of this instrument.
a. The term "Hazardous Materials Laws" as used in this
instrument shall mean all federal, state or local laws, ordinances or regulations, now or
hereafter in effect, relating to environmental conditions, industrial hygiene or Hazardous
Materials on, within, under or about the easement area or any improvements thereon.
b. The term "Hazardous Materials" as used in this
instrument shall mean any and all radioactive materials, asbestos, organic compounds
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•
known as polychlorinated biphenyls, chemicals known to cause cancer or reproductive
toxicity, pollutants, contaminants, hazardous wastes, toxic substances, and any and all
other substances or materials defined as or included in the definition of "hazardous
substances ", "hazardous wastes ", "hazardous materials ", or "toxic substances ", under
any Hazardous Materials Laws.
6. Except as otherwise herein provided, the Grantee shall
indemnify and save harmless the Grantor against loss or damage to the property of the
Grantor or to the property of others situated outside of the easement area, and from
liability for injury to or death of persons in the manner provided by law when such loss,
damage, injury or death arises or proximately results from the negligence of the
Grantee, its officers, agents or servants.
7. The Grantee shall not assign any right herein granted or
otherwise given, except to a successor or permitted assign, without the written consent
of the Grantor;
8. Any sewer pipe line or pipe lines, manholes or other
appurtenant equipment constructed, reconstructed or installed within the easement
area and maintained, operated or repaired by the Grantee shall be and remain the
property of the Grantee.
9. In the event the Grantee shall at any time completely
remove its sewer pipe line or pipe lines from the easement area and shall, for a period
of two (2) or more consecutive years, fail to reinstall any sewer pipe line through, under
or across the easement area, or shall for a like period cease to maintain or operate a
sewer system through, under or across the easement area, then upon the request of
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Grantor, Grantee shall execute an instrument remising, releasing and quitclaiming unto
Grantor all rights granted to Grantee herein and all right, title and interest of Grantee in
and to the easement area.
10. This instrument shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors, successors in trust and
permitted assigns.
11. The undersigned Trustees of the Estate of Bernice Pauahi
Bishop have executed this instrument in their fiduciary capacity as Trustees of the
Estate of Bernice Pauahi Bishop, and not in their individual capacities. No personal
liability or obligation under this Instrument shall be imposed or assessed against the
Trustees in their individual capacities.
IN WITNESS WHEREOF, the parties hereto have executed these
presents as of the day and year first above written.
Trustees of the Estate of Bernice Pauahi
Bishop
"Grantor"
COUNTY OF HAWAII
By
Its
"Grantee"
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•' •
STATE OF HAWAII
) SS.
CITY AND COUNTY OF HONOLULU )
On this day of , 2000, before me personally
appeared
and , three of the Trustees of the Estate of
Bernice Pauahi Bishop, to me known (or who have proven to me on the basis of
satisfactory evidence) to be the persons described in and who severally executed the
foregoing instrument in their capacities as Trustees, and severally acknowledged that
they executed the same as their free act and deed as such Trustees.
(Notary's signature)
Notary Public, State of Hawaii
(Print Name)
My commission expires:
-8-
• '
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII ) -.
On this day of , 2000, before me personally
appeared , to me known (or who has proven to me
on the basis of satisfactory evidence) to be the person described in an who executed
the foregoing instrument, who, being 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 County of Hawaii, that said instru-
ment was signed and sealed on behalf of the County of Hawaii by authority given to
said Mayor by Section 5- 1.3(g) of the County Charter, County of Hawaii (1991), and
that said Mayor acknowledged said instrument to be the free act and deed of said
County of Hawaii.
(Notary's signature)
Notary Public, State of Hawaii
(Print Name)
My commission expires:
'Thome \ terry \BEst \Menezes - KSBE Hilo Wastewater Easement BE -COH
-9-
• •
FIRST:
Being Easement "1", for sewerline purposes, as shown on Map 14, over,
across, and through Lot 47 -D -1, as shown on Map 12, filed in the Office of the Assistant
Registrar of the Land Court of the State of Hawaii with Land Court Application No. 433
of the Trustees Under the Will and of the Estate of Bernice Pauahi Bishop Estate,
deceased, and being a portion of the lands described in Transfer Certificate of Title No.
28,678 issued to Trustees Under the Will and of the Estate of Bernice Pauahi Bishop
Estate, deceased.
SECOND:
Being Easement "2 ", for sewerline purposes, as shown on Map 15, over,
across, and through Lot 47- D -3 -A, as shown on Map 13, filed in the Office of the
Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application
No. 433 of the Trustees Under the Will and of the Estate of Bernice Pauahi Bishop
Estate, deceased, and being a portion of the lands described in Transfer Certificate of
Title No. 28,678 issued to Trustees Under the Will and of the Estate of Bernice Pauahi
Bishop Estate, deceased.
Exhibit A
• •
LAND COURT REGULAR SYSTEM
AFTER RECORDATION, RETURN BY: MAIL () PICK -UP ( )
(Total Document Pages = 6)
GRANT OF EASEMENT
AND BILL OF SALE
KNOW ALL MEN BY THESE PRESENTS:
That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii,
whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the
"GRANTOR ", for and in consideration of the sum of TEN AND NO /100 DOLLARS
($10.00) and other valuable consideration to it in hand paid by KEAUHOU
COMMUNITY SERVICES, INC., a Hawaii corporation, whose address is 567 South
King Street, Honolulu, Hawaii 96813, hereinafter called the "GRANTEE ", the receipt
whereof is hereby acknowledged, does hereby grant and convey unto the said
GRANTEE, its legal successors end assigns, the right in the nature of a perpetual
easement to maintain, operate, repair, remove and replace the existing sewage
pumping station together with the sewer lines and other facilities appurtenant to said
sewage pumping station located on, under, over and across that certain real property
situate at Kahaluu, North Kona, County of Hawaii, and State of Hawaii, being Tax Map
Key Parcel No. (3)7 -8 -14:01 ( "Kahaluu Beach Park Parcel ") and shown as Exhibit "A"
attached hereto and made a part hereof.
TOGETHER with the right of ingress and egress thereto and therefrom over the
Grantor's adjoining land for the purpose of operating, maintaining and replacing said
sewage pumping station, sewer lines and other facilities appurtenant to said sewage
pumping station.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that the
Grantor will not at any time erect any building or structure of any kind either above, on
or below the surface of the ground within said easement areas, unless such building or
structure shall be so constructed as not to interfere with said sewage pumping station,
sewer lines and other facilities appurtenant to said sewage pumping station, and also
so as to allow unrestricted access to GRANTEE in the maintenance, operation,
replacement or removal of said sewage pumping station, sewer lines and other facilities
appurtenant to said sewage pumping station, or for other reasonable purposes, and the
GRANTOR hereby agrees that the GRANTEE shall not be liable or responsible for any
damage to any building foundation or building or structure of any kind within said
easement areas caused by or resulting from the exercise by the GRANTEE of the rights
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• •
herein granted.
AND the GRANTOR does hereby bargain, sell, transfer and deliver unto
the GRANTEE the existing sewage pumping station, sewer lines and other facilities
appurtenant to said sewage pumping station, including, without limitation, the Kahaluu
Beach Park Sewer Force Main, located on, under, over and across the Kahaluu Beach
Park Parcel.
TO HAVE AND TO HOLD the same unto the said GRANTEE, its successors and
assigns, forever.
IN WITNESS WHEREOF, the said GRANTOR has executed these presents this
day of , 2000.
COUNTY OF HAWAII
By
Its
GRANTOR
-3-
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this day of , 2000, before me personally
appeared , to me known (or who has proven to me on the basis
of satisfactory evidence) to be the person described in an who executed the foregoing
instrument, who, being 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 County of Hawaii, that said instrument was
signed and sealed on behalf of the County of Hawaii by authority given to said Mayor
by Section 5- 1.3(g) of the County Charter, County of Hawaii (1991), and that said
Mayor acknowledged said instrument to be the free act and deed of said County of
Hawaii.
(Notary's signature)
nro.�.wy
Notary Public, State of Hawaii
(Print Name)
My commission expires:
i \home \terry \BEst \Menezes - KSBE easement and bill of sale from cty to KCS
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• •
Description of Kahaluu Beach Parl Parcels
Exhibit A
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. EXHIBIT ...IL* ... ;:.11 es
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• •
•
BILL OF SALE
THIS BILL OF SALE, made as of the day of , 2000
is made by and between:
GRANTOR: COUNTY OF HAWAII, a municipal corporation of the State
of Hawaii, whose address is 25 Aupuni Street, Hilo, Hawaii
96720.
GRANTEE: KEAUHOU COMMUNITY SERVICES, INC., a Hawaii
corporation, whose address is 567 South King Street,
Honolulu, Hawaii 96813.
WITNESSETH:
For TEN AND NO /DOLLARS ($10.00) paid by the Grantee to the Grantor,
receipt of which is hereby acknowledged, Grantor does hereby grant, sell, transfer and
deliver to Grantee all of Grantor's right, title and interest, if any, in and to all of the
facilities that comprise the sewage collection system serving the area of Kahaluu and
Keauhou, North Kona, Hawaii, including without limitation the facilities identified in
Exhibit "A ", attached hereto and made a part hereof, and generally located as shown on
the map attached hereto as Exhibit "B" and made a part hereof (the "Keauhou Sewage
Collection System ").
TO HAVE AND TO HOLD the same unto the Grantee forever.
Grantor neither covenants with Grantee, nor gives any warranty to Grantee:
1. That Grantor is the lawful owner of the Keauhou Sewage Collection
System;
2. That the Keauhou Sewage Collection System is free from any
encumbrance; or
3. That Grantor has good right to sell the same.
• •
IN WITNESS WHEREOF, the Grantor has executed this instrument
as of the day and year first above written.
COUNTY OF HAWAII
By
Its
GRANTOR
-2-
• •
•
STATE OF HAWAII ) •
) ss.
COUNTY OF HAWAII
On this day of , 2000, before me personally
appeared , to me known (or who has proven to me on the basis
of satisfactory evidence) to be the person described in an who executed the foregoing
instrument, who, being 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 County of Hawaii, that said instrument was
signed and sealed on behalf of the County of Hawaii by authority given to said Mayor
by Section 5- 1.3(g) of the County Charter, County of Hawaii (1991), and that said
Mayor acknowledged said instrument to be the free act and deed of said County of
Hawaii.
(Notary's signature)
Notary Public, State of Hawaii
(Print Name)
My commission expires:
Rhone \ terry \BEst \Menezes - KSBE County Bill of Sale
-3-
• •
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KEAUHOU SEWAGE COLLECTION SYSTEM:
No. 1 Sewer Line 8 -B:
The sewer line is located within the Alii Drive right -of -way.
No. 2 Sewer Line 8 -A:
The sewer line is located within private property (TMK: 7- 8- 13:02).
No. 3 Kahaluu Sewer Force Main (FM):
One portion of the FM is located within private property (TMK: 7 -8- 13:02) and
the other within the Alii Drive right -of -way
No. 4 Sewer Line 5:
The sewer line is located within private property (TMK: 7 -8- 10:03, 89).
No. 5 Kahaluu Sewage Pumping Station:
The pump station is located on private property (TMK: 7 -8 -13: 02).
No. 6 Keauhou Sewage Pumping Station:
The pump station is located on private property (TMK: 7 -8- 10:44) .
No. 7 Sewer Line 1 -A:
The sewer line is located on private property (TMK: 7 -8 -10: 03, 89).
No. 8 Sewer Line 1 -B:
Portion of sewer line 1 -B is located within the Manukai Street right -of -way. The
other portion is on private property (TMK: 7 -8- 20:19, 28).
No. 9 Sewer Force Main 6:
FM 6 is comprised of three segments:
a. The Southerly portion of FM 6 is located within the Kaleopapa Road
right -of -way.
b. The Northerly portion of FM 6 is located within the Kamehameha III
Road right -of- way.
c. A small central portion of FM 6 may be located on private property (TMK: 7-
8- 10:44).
No. 10 Sewer Line 3 -B:
The sewer line is comprised of three segments:
a. The Northerly portion of the sewer line is located within the
EXHIBIT "A"
Page 1 of 4
• •
•
Kamehameha III Road right -of -way. •
b. The Southerly portion of the sewer line is located within the
Kaleopapa Road right -of- way.
c. A small central portion of the sewer line may be located on private
property (TMK: 7 -8 -10: 44 ).
No. 11 Sewer Line 4 -B:
The sewer line is located within the Kaleopapa Road right -of -way.
No. 12 Sewer Line 3 -A:
The sewer line is located within Ehukai Street right -of -way, being Lot 18 of
Keauhou Subdivision, Area 6, and the Kaleopapa Road right -of -way.
No. 13 Sewer Line 11 -A:
The sewer line is comprised of three segments:
a. The Southerly portion of the sewer line is located on private property
(TMK: 7- 8- 10:36).
b. Sewer line then crosses Kamehameha III Road.
c. Northerly portion of the sewer line is located on private property
(TMK: 7- 8- 10:32).
No. 14 Sewer Line 2:
The sewer line is located on private property (TMK: 7 -8 -10: 3 and 32).
No. 15 Sewer Line 5 -B -1:
The sewer line is located on private property (TMK: 7 -8 -20: 13, 15, 16, 17).
No. 16 Sewer Line 5B:
The sewer line is located on private property (TMK: 7 -8- 20:14). ).
No. 17 Sewer Line 5A:
The sewer line starts within Heeia Way, being Lot 28 of Keauhou Subdivision,
Area 5, and continues on private property (TMK: 7 -8- 20:11,13).
No. 18 Heeia Force Main:
The FM starts within private property (TMK: 7 -8- 20:13,28), then crosses into the
Manukai Street right -of -way, being Lot 27 of Keauhou Subdivision, Area 5.
EXHIBIT "A"
Page 2 of 4
• •
No. 19 Heeia Sewage Pumping Station:
The pump station is located on private property (TMK: 7 -8- 20:13).
No. 20 Hoei Force Main:
The FM is located on private property (TMK: 7 -8- 10:34,58).
No. 21 Hoei Gravity Sewer Line:
The sewer line starts within private property (TMK: 7 -8- 20:34) and
then enters into the Kaleopapa Road right -of -way.
No. 22 Hoei Sewage Pumping Station:
The pump station is located on private property (TMK: 7 -8- 20:34).
No. 23 Gravity Sewer Line, Keauhou Sewerage System Phase II:
The sewer line is located on private property (TMK: 7- 8- 10:03).
No. 24 Force Main, Keauhou Sewerage System Phase II:
The FM is comprised of three segments:
a. The Southerly portion of the FM is located within the Kaleopapa Road
right -of -way.
b. The Northerly portion of the FM is located within the Kamehameha
III Road right -of- way.
c. A small central portion of the FM may be located on private property
(TMK: 7 -8- 10:44).
No. 25 Gravity Sewer Lines, Keauhou Sewerage System Phase II:
Portion of sewerline is located within the Kamehameha III Road right -of -way.
The other portion of the sewer line is located on private property (TMK: 7 -8-
10:03).
•
No. 26 Keauhou Shopping Village Offsite Sewer Line:
Sewer line begins in private property (TMK: 7 -8- 10:03). It then enters the Alii
Drive right -of -way.
No. 27 Sewer Line A, Keauhou Resort, Phase II Infrastructure System:
Initial portion of sewer line begins within the Alii Drive right -of -way. Sewer line
then enters into the Kaluna Street right -of -way, a private roadway.
No. 28 Sewer Line B, Keauhou Resort, Phase II Infrastructure System:
The sewer line is located within the Kamehameha III Road right -of -way.
EXHIBIT "A"
Page 3 of 4
• •
No. 29 Sewer Line 1B, Keauhou Estates I and II:
The sewer line is located on private property (TMK: 7- 8- 10:77).
No. 30 Sewer Line 1A, Villas:
The sewer line is located on private property (TMK: 7- 8- 10:77).
No. 31 Makolea Street Gravity Sewer Line:
The sewer line is located within the Makolea Street right -of -way.
No. 32 Sewer Lines, Keauhou Estates I and II:
All sewer lines located within private properties and private roadways.
No. 33 Alii Drive Sewer Improvements Phase 2A:
The sewer line is located within the Alii Drive right -of -way.
No. 34 Sewer Lines, Bayview Estates:
All sewer lines located within private properties and private roadways.
EXHIBIT "A"
Page 4 of 4
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REGULAR SYSTEM
LAND COURT
AFTER RECORDATION, RETURN BY: MAIL () PICK -UP ( )
(Total Document Pages = 6)
DEED
KNOW ALL MEN BY THESE PRESENTS:
That the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii,
whose address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called the
"GRANTOR ", for and in consideration of the sum of TEN AND NO /100 DOLLARS
($10.00) and other valuable consideration to it in hand paid by the TRUSTEES OF THE
ESTATE OF BERNICE PAUAHI BISHOP, whose address is 567 South King Street,
Honolulu, Hawaii 96813, hereinafter called the "GRANTEES ", the receipt whereof is
hereby acknowledged, has sold and by these presents does hereby grant, bargain, sell,
• •
assign, convey and transfer unto the said GRANTEES, all of GRANTOR'S right, title
and interest in and to the property described in Exhibit "A" attached hereto and by
reference made a part hereof.
TOGETHER with all and singular the improvements, tenements, rights,
easements, privileges, hereditaments and appurtenances thereunto belonging, or in
any wise appertaining, and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof.
TO HAVE AND TO HOLD the same unto the said GRANTEES, in fee simple, its
successors and assigns, forever.
IN WITNESS WHEREOF, the said GRANTOR has executed these presents this
day of , 2000.
COUNTY OF HAWAII
By
Its
GRANTOR
-2-
• •
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this day of , 2000, before me personally
appeared , to me known (or who has proven to me on the basis
of satisfactory evidence) to be the person described in an who executed the foregoing
instrument, who, being 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 County of Hawaii, that said instrument was
signed and sealed on behalf of the County of Hawaii by authority given to said Mayor
by Section 5- 1.3(g) of the County Charter, County of Hawaii (1991), and that said
Mayor acknowledged said instrument to be the free act and deed of said County of
Hawaii.
(Notary's signature)
mn.M.cbw. na.ny
Notary Public, State of Hawaii
(Print Name)
My commission expires:
-3-
• •
ALL that certain parcel of land (part of R. P. 4475, L.C. Aw. 7713, di
Ap. 7 to V. Kamamalu), situate at Keauhou 1, District of North Kona,
County and State of Hawaii, comprising the Heeia Sewage Treatment
Plant Site, being more particularly described as follows:
Beginning at the South corner of this parcel of land, the coordinates
of said point of beginning referred to Government Survey Triangulation
Station "KEAUHOU COAST" being 4,967.74 feet North and 102.49 feet
West, and running by azimuths measured clockwise from true South:
1. 145° 00' 203.00 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
2. 235° 00' 180.00 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
3. 339° 38' 30" 122.72 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
4. 325° 00' 54.0 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
5. 38° 00' 103.50 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
6. 55° 00' 50.00 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu, to
the point of beginning and
containing an area of 30,586
square feet.
TOGETHER WITH an easement to construct, install, maintain,
repair, replace and use a road for ingress and egress only and
underground utility and sewer lines and appurtenances along, across and
under that certain parcel of land described as follows:
Beginning at the North corner of this easement, on the
Southeasterly side of the Heeia Sewage Treatment Plant Site, the
coordinates of said point of beginning referred to Government Survey
Triangulation Station "KEAUHOU COAST" being 5,015.76 feet North and
46.42 feet West, and running by azimuths measured clockwise from true
South:
Exhibit A
• •
Along remainder of L. C. Aw. �.
7713, Ap. 7 to V. Kamamalu, on
a curve to the right with a radius
of 110.00 feet, the chord azimuth
and distance being:
1. 346° 16' 57" 59.31 feet;
2. 1° 55' 30" 112.53 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
Thence along remainder of L. C.
Aw. 7713, Ap. 7 to V. Kamamalu,
on a curve to the left with a
radius of 20.00 feet, the chord
azimuth and distance being:
3. 312° 58' 45" 30.16 feet;
4. 264° 02' 98.90 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
5. 297° 00' 700.63 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
6. 9 °, 44' 186.30 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu, and
partly along Lot 8 of Keauhou
Subdivision, Area 5; Thence
along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu,
along a curve to the left with a
radius of 50.00 feet, the chord
azimuth and distance being:
7. 87° 56' 48.5" 20.43 feet;
8. 189° 44' 161.02 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
Thence along remainder of L. C.
Aw. 7713, Ap. 7 to V. Kamamalu,
on a curve to the left with a
radius of 20.00 feet, the chord
azimuth and distance being:
9. 153° 22' 23.72 feet;
10. 117° 00' 665.26 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
11. 84° 02' 92.98 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
Thence along remainder of L. C.
Aw. 7713, Ap. 7 to V. Kamamalu,
on a curve to the right with a
-2-
•
radius of 40.00 feet, the chord
azimuth and distance being:
12. 132° 58' 45" 60.33 feet;
13. 181° 55' 30" 112.53 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu;
Thence along remainder of L. C.
Aw. 7713, Ap. 7 to V. Kamamalu,
on a curve to the left with a
radius of 90.00 feet, the chord
azimuth and distance being:
14. 168° 59' 56" 40.26 feet;
15. 218° 00' 22.11 feet along remainder of L. C. Aw.
7713, Ap. 7 to V. Kamamalu,
being also the Southeasterly side
of the Heeia Sewage Treatment
Plant Site, to the point of
beginning and containing an area
of 23,652 square feet.
Rhone \ terry \BEst \Menezes - KSBE Hilo Wastewater Deed
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