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HomeMy WebLinkAboutCOM 0798.001 1998-2000 J. CURTIS TYLER, III Bus: (808) 326-5684 Ca wdbfemher Fax: (808) 326-5697 District 8 (North Kona) etylw@intetpae.net M HAWAPI COUNTY COUNCIL c> July 24, 2000 MEMORANDUM: TO: The Honorable James Y. Arakaki, Chairman - Hawaii County Council FROM: J. Curtis Tyler III \ ~ 1 Council Member 0 0, RE: Resolution 266-00 Mamalahga Highway Bypass Please circulate to all Council Members a copy of the attached correspondence from Gerald Takase regarding the referenced resolution. Also, please ask Gerald Takase to attend the July 26 h Council meeting for questioning on this resolution. Thank you for your assistance. If you have any questions about this memorandum, please call me, Attachment Comm. No, 1 "I rJ • I Pile No, C: \ JCr \ Correspo ndence \ Memos \ prekaki072400 0. No. P (at,n~ 200U`-- Kona Council Office: 77-6899 Nalani Suva • Suite 104 • Kailua-Kona 0 Hawaii 0 %740-8980 Stephen K. Yamashiro Richard Wurdeman mayor Corporation Counsel (IT Touitty a#'Pzl tjnff OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 - Hilo, Hawaii 967204262 • (808) 9668251 F. (808) 961-8622 July 7, 2000 TO J. Curtis Tyler, III, Councilman Hawaii County Council FROM: Gerald Takase Deputy Corpoon Counsel RE Resolution 266-00 Mamalahoa Highway Bypass TMK:(3)8-1-07:045 Richards/Coupe, et al. COPIESIITEMS DESCRIPTION Copy Letters dated 11/1/99, 1/25/00, 3/20/00 and 4/4/00, along with copy of the latest draft of the Limited Warranty Deed. TRANSMITTED FOR: [ ] Information and File [ ] Signature and Return [ ] Review and Comments [ ] Signature and Forwarding As Noted Below [x] See Remarks Below [x] Pursuant to Your Request [ ] Filing and Return (Envelope Enclosed) REMARKS: Materials from negotiations with Richards/Coupe as requested. /de Encs. a:\tnamalahoabypass\coupe\transtyler. wpd FILE COPT DIV CHIEF „~r or w ACC Stephen K. Yamashita is and Wurdeman . M Mayor Corporation Counsel (9VU nfg of ~WVZI1I OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street. Suite 325 . Hilo, Hawoi'i 96720.4262 • (808) 961-8251 • Fa: (808) 961-8622 November 1, 1999 John R. Dwyer, Jr., Esq. Dwyer Imanaka Schraff Kudo Meyer & Fujimoto 1800 Pioneer Plaza 900 Fort Street Mall Honolulu, Hawaii 96813 Dear Mr. Dwyer: Re: Limited Warranty Deed by Charles and Joan Coup6 We have reviewed the limited warranty deed submitted by the Coup6s for the condemnation and would reject the deed on the following basis. 1) Three quarters interest to the property is not acceptable. We may be willing to accept it along with the other quarter interest, but we would much rather have the interests consolidated and then granted to the County. 2) Liens and encumbrances against the property are also unacceptable. The property should be clear of all liens and encumbrances, except those which may run with the land, but have no effect on the County's ability to use the roadway. 3) Reservation of utility and drainage lines cannot be made across the right-of-way. While we may grant an easement and make accommodations for utilities in place, all future use of the right-of-way would require County approval. 4) With regard to the conditions that exist within the conveyance document, we would request that such agreements be placed in a separate agreement rather than in the deed. With respect to the conditions set forth in the deed, while some are fine, such as the County maintaining dedicated roads and construction complying with approved plans, there are areas which the Grantor is trying to condition which are objectionable. These include reservation of utility lines and unlimited access. We are willing to work with the grantor in terms of future John R. Dwyer, Jr., Esq. Page -2- November 1, 1999 utility locations and vehicular access. However, to give the grantor the final say with respect to those items cannot be approved. With respect to the reversion clause, the County can consider such a provision upon the abandonment of the road by the County, but would not agree to certain time frames as set forth by the grantor. I hope a satisfactory resolution can be arrived at with the grantor on a lot of the issues. Please note that the Mayor and the County Council have the final say on any dedication deeds and conditions that may exist. Should you have further questions please feel free to call. Sincerely, RICHARD D. WURDEMAN Corporation Counsel ,IV By G D TAKASE De uty Corporation Counsel GT:de a:\mamalahoabypass\ltdwdltr.wpd Stephen K. Yamashiro Richard Wurdeman Mayor - w Corporation Couruel "'maw MYOUnig of 1H21,~jtaii OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961.8251 • Fa: (808) 961.8622 January 25, 2000 John R. Dwyer, Jr., Esq. Dwyer, Imanaka, Schraff, Kudo, Meyer & Fujimoto 1800 Pioneer Plaza 900 Fort Street Mall Honolulu, Hawaii 96813 Dear Mr. Dwyer: Re: Mamalahoa Bvnass/Coupe Parcel TMK:(3)8-1-07:04:5 I met with Mr. Chuck Coupc and Lyle Babcock regarding their parcel and the proposed condemnation action. We talked about some concerns that they had and wished to address as part of settling the case. Although I indicated to them that I had wanted as clean a deed as possible, the concerns that they raised seem reasonable and I think we may be able to accommodate them. Mr. Babcock will prepare another deed reflecting these changes, which are as follows: a. A reservation of a temporary easement until the bypass road is completed so that they may access the makai portion of their property. b. A reverter clause, along the lines of two years to commence construction of the bypass; five years to complete construction; and a restrictive covenant of using the property for roadway purposes only. While I understand their concerns, I could not commit on a time frame and that was left open. C. They did not agree with their need to place the property into escrow, without having any commitment or assurance that the project was moving forward, with construction plans and bonds in place. d. They have also requested that any land acquired from them that is not used revert back to them, to prevent a situation in which they may be landlocked from the bypass road. I expect to receive an amended deed from them which I will forward to you upon its receipt. Should you have any further questions, please call. Sincerely, RICHARD D. WURDEMAN Corporation Counsel y, By D TAKASE ty Corporation Counsel GT:de a:\mamalahoabypass\coupe\amnddeedltr. wpd cc: Charles Coupe Lyle L. Babka, Esq. Department of Public Works 03/20/00 NON 13:35 FAX 8083858897 VILLAGE PROPERTIES 0001 t LYLE BABKA 7723 Waikapu Loop Honolulu, M 96825 March 20, 2000 VIA FAX (808) 961-8622 t7 Gerald Takase, Esq. Deputy Corporation Counsel Office of the Corporation Counsel County of Hawaii Hilo, H) Re: N4amalahoa Bypass, Coupe Parcel, TM1G (3) 8-1-07:045 Dear Mr. T.akase: 1 have revised the draft of the deed for the parcel. A clean copy and a marked up copy are enclosed. In the deed, perpetual easements are reserved for utilities and drainage improvements and underground access to and from the remaining two portions of the Coupd property. These are for possible future development or use. In this connection, please see the fast paragraph on page 5, which requires that any construction by the Grantor in the easements must be approved by the County and in accordance with applicable laws- It is our contemplation that four of the above mentioned easement areas would be reserved for utility and/or drainage purposes, and one easement would be for underground access purposes. This underground access casement would also be designated as an additional utility easement area. The reservation of underground access easement has been added The reason for this is that an access structure under the road may be required at sometime in the future for uses such as cattle or sheep crossing, golf course, planned residential or other use. This underground access easement is in addition to the 44• above ground intersection. It is our understanding that all of the currently required drainage improvements and the above ground 44-foot access intersection will be bruit in the initial construction by 1250 Oceanside Partners, and will he dedicated to the County as a part of the roadway improvements. 01120100 YON 15:35 FAX 808395869'7 VILLAGE PROPERTIES 0 002 Gerald Takase, Esq. Deputy Corporation Counsel Office of the Corporation Counsel March 20, 2000 Page Two It is also our understanding that 1250 Oceanside Partners will be installing certain utility conduits under and across the roadway as a part of the initial construction. These conduits would be placed in a reserved utility easement area and these would be the property of the Grantor. Also, please note that construction of roadway improvements by the Grantee is to be according to the requirements of the County and that these construetion obligations are to be deemed to have becru met and satisfied when the County accepts the completed improvements, and the roadway improvements and the Coupe parcel are dedicated to the County. Also, please notice that in the event that the roadway is not constructed, all obligations of the County in connection with the construction of the roadway can be satisfied by the County causing reversion of the Coupe parcel after the Grantor gives notice and tenders payment Please give me your comments and call if you have any questions. Thanks for considering our concerns. Very truly yours, Lye Babka LB-ad Enclosures ce wlens-: C11arles W. Coupe 03/20/00 13:51 TX/RX N0.5051 P.002 03/20/00 MON 13:35 FAX 8083958897 VILLAGE PROPERTIES 003 LAND COMJRT REMJLAR AFTER RF.C:ORDAIION, RMURNBY [ ] MAIL [ ] PICKUP TO: LIMITED WARRANTY DEED THIS LIMITED WARRANTY DEED, made this day of . 2000, by ROBERT N. RICHARDS, Trustee of the Joan ]w Coup6 Revocable LMving Trust, JOAN E. COUPE aad CHARINS W. COUPt, having a post office address of 1713 Iblloa Place, Honolulu, Hawaii 96821, and ROBERT N. RICHARDS, Trustee of the iYLu*n Sue Wilson Revocable Uvlag Trast, and N MLES HUC H WILSON, having a principal place of business and post office address at do Robert D. Trfantos, Esq., Carlsmith Ball, 75-1000 Henry Street, Suite 209, Kunlun-Kona, Hawafl 96740, hereinafter collectively called the "Grantor." in favor of whose address is Hawaii hereinafter called the "Gnurwe," WITNESSETH: That for TEN DOLLARS and other valuable consideration paid by the Grantee, the receipt of which is hereby acknowled6ed, and upon the covenants, conditions and restrictions and for the specified use and subject to reversion as hereinafter provided, the Grsutar does hereby grant, bargain, sell and convey unto the Grantee and its permitted successors and assigns, in fee si=plc; That certain real property described in Exhibit "A" attached hereto and made a part hereof. And the 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. SUBJECT, however, to all liens and encumbrances existing as of the date hereof including those set forth in Exhibit "A " and real property taxes riot yet by law required to be paid. kx+:crc vzrvoo 03/20/00 13:51 TX/RX N0.5051 P.003 03/20/00 NON 13:36 PAX 8083956697 VILLAGE PROPERTIES 0004 , EXCEP 1'ING AND RESERVING unto the Grantor perpetual easements for utility and/or dtpimage purposes, which easements are described in Exhibit "B" attached hereto and made a part hereof, over, under and across said property, and the right, to be exercised as hereinafter provided, to construct, install, operate, a replace, repair and maintain utility and drainage lines and other utility and drainage 4mproveTcrtts and appurtenances in said easement areas acemdmg to thesrespective designations in said Exbabit "Et, to serve the Grantor's remaining lands described in Exhibit "C," together with the right to enter in said property for such purposes, and the right, from time to time, to giant, in whole or in part, said easerents and rights to any [ `l t - public authority, public or private utility ceauipany or any owner or association of owners of said remaining lands. EXCrPT1NG AND RESERVING onto the Gtant" perpetual easement for any undcrcrossing access and traverse purpose, including, without limitation, vehicular, pedestrian, equestrian, agricultural, residential, commercial, and recreational access and traverse. which casoment is desenbed in Exhibit "B" attached hereto and made a part hereof, under and across said property to and from said remaining property, and the right, to be exercised as hereinafter provided, to construct, install, operate, replace. repair and maintain underground access structttres and other underground access movements and aPpnrt n"nees in said easement area to serve the Grantor's remaining lands described in Exhibit"C," together withthe right to enter in said properly for such purposes, and the right, from time to time, to grant, in whole or in pert, said easements and rights to any public authority, public or private utility company or any owner or association of owners of said remaining lands- EXCEP nm AND RESERVING unto the Grantor free and unrestricted easement and tight to enter and tmverac for any access and traverse pttrpoM including, without limitation, vehicular, pedestrian, equestrian, agricultural, residential, commercial, and recreational access and traverse, Over and across all of said property to and from said remaining property, Provided, however, that the exercise Of this right shall be at the Granroes risk, and that this easement and right shall automatically cease and terminate and be of no further effect upon completion of the hereinafter described roadway improvements, acceptance of dedication by and dedication of said property and said improvements to the county of Hawaii. TO HAVE AND TO HOLD the same Only fix the Purpose of and use as ' vet ublic roadwa Y - Y as hereinafter described, and for no other use or purpose whatsoever, together with any improvements, strictly in as-is physical condition, and together with all rights, easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and enjoyed by the Grantor therewith, unto the Grantee forever, subject, howcvxr, to all of the exceptions and reservations and covenants, conditions and restrictions contained herein and to reversion as hereinafter provided. AND, in consideration Of the Premises, the Grantor does hereby covenant with the Grantee that the Grantor has not previously encumbered said Property, except for those encumbrances, if any, act forth in Exhibit "A"; that said property is fi-ce and clear of and from all encumbrances made by the Grantor, except as set forth in L•xhibit "A," and except for the lien of real property taxes not yet by law required to be paid; that the Grantor has good right to sell and Canvey its rights and interests in said property free and clear of liens and encumbrances made by the Grantor, except as set forth in Exhibit "A"; and that the Grantor will WARRANT AND DEFEND the sane Unto the Grantee against the lawful claims and demands of all persons holding under lien or encumbrance made by them, except for any enctmmbranee set forth in Exhibit "A." } . The within conveyance is upon the conditioii3 and restrictions (1) that all of said prop will be , used only for the use and purpose of p lic roadway:and will be improved by the Grantor as a {wo-lanai paved public roadway, and all roadway improvements, including the drainage improvements, the access ~1'/~C vztuoo 2 03/20/00 13:51 TX/RX N0.5051 P.004 005 09.20100 MdY 19:38 FAX 8089958897 viLLAGF PROPFRTJFS intersection improvements and the underground utility conduit improvements hereinafter described, shall be made by the Grantor without expense to the Grantee, and, except for said conduit improvements, dedicated in fee simple to the County of Hawaii, (2) that the initial construction of the roadway improvements shall include the drainage improvements, the access intersection improvements, and the underground utility conduit improvements herembelow described, for access and drainage and utilities to serve said remaining lands of Grantor, and all roadway improvements shall be according to the standards and requirerncnts of the Department of Public Works of the County of Hawaii for Ahi Highway, with such modifications as are required by said Department, (3) that, prior to the start of construction of the roadway improvements, without expense to the Grantor, the Grantee shall designate and obtain all inquired governmental approvals for a forty-four (44)-foot wide access intersection, and as a part of roadway improvements, construct in said intersection extending perpendicularly from boundary to boundary of said property to the makai and mauka boundaries ofGrantoes remaining lands, ac shown on Exhibit "D" attached hereto and mad-: a part hereof, to serve fttt re development of said remaining lands, and at which said access intersection, the access intersection improvements arentioned in provision (2) above shall be constructed, (4) that the drainage improvements shall be designed and constructed as a part of roadway improvements to meet, as a minimum, the one hundred year storm requirements of the Canty of Hawaii for flowage across said property from the upper to the lower portions of said remaining lands in their existing condition and state of development, and (5) that the underground conduit shall be as a minimum in inside diameter, ad shall be constructed to meet the requirements of the County of Hawaii for conduits to be used for utility Ponposes, and shall be constructed concurrently with construction of the roadway improvements. These conditions and restrictions shall be deemed to have been met and satisfied upon oompletian of said improvements and acceptance by and dedication of said improvements and said property to the County of Hawaii. And the Grantee, for and in consideration of the within conveyance and the sum of Ten Dollars ($10.00) paid by the Grantor to the Graatcc and other good and valuable consideration, receipt whereof is hereby acknowledged, does hereby accept the within conveyance for the hereinabove described use and purpose only, and subject to the foregoing conditions and restrictions, and does hereby covenant and agree to and with the Grantor that the Grantee shall honor and abide by and meet and satisfy all of said conditions and mmictions, and that (a) if substantial construction of the proposed Mamalahoa Highway Bypass Road does not start within two (2) years after the date hereof; or (b) if at arty time construction of said Road in said property is abandoned, or (c) if the property is not filly improved as required in provisions (1) and (2) in the preceding paragraph and said improvements (except underground utility conduit improvements) and said property are not accepwrl by and dedicated to the County of Hawaii as a part of the proposed Mamaiahoa Highway Bypass Road within five (5) years after the date hereof, or (d) if the Grantee does not honor or abide by or meet or satisfy any of the conditions or restrictions set forth in provisions (1), (2), (3), (4) and (5) in the preceding paragraph, then in any such event, at the Chantot's right and option, immediately upon written notice given to the Grantee by the Grantor with tender of $17,500.00 per acre of land area in the property, and the elapse of rcasonable time to core not in excess of ninety (90) days, the property shall automatically revert to the Grantor in fee simple without the need for any act or dead on the part of anyone, including the Cirantec, subject only to the liens and encumbrances existing as of the date hereof, including those listed in Exhibit "A," and the Grantee does hereby covenants and agrees that the Grantor may file of record, documents m connection with suchreveisions, and that the Grantee shall do all things necessary and required to cause and document of record such reversion. In the event that the County of Hawaii is the Grantee named herein, then in such event, the County of Hawaii may satisfy all of its obligations in this and in the preceding paragraph by causing the hercmabove described reversion upon said written notice and said tender. JcsG6lC YNIN 3 03/20/00 13:51 TX/RX N0.5051 P.005 VILI-AGF PROPERTIES fr?J 006 09:20/00 MON 13:17 F.4% 806185868' Anti the Grantee, for and in consideration of the within conveyance and the sum of Ten Dollars ($10.00) paid by the Grantor to the Grantee and other good and valuable consideration, does hereby agree that if any portion of said property, including any strip or other parcel, is not dedicated to tie County of Hawaii within five (5) years after the date hereof, then in such event, at the Grantor's right and option, immediately upon written notice given to the Grantee by the Grantor with tender of $17,500.00 per acre of land area in the portion, and the elapse of one lumdred eighty (180) days in which to dedicate the portion to the County of Hawaii, the portion of said property shall automatically revert to the Grantor in fee simple without the need for any act or decd on the part of anyone, including the Grantee, subject only to the liens and encumbrances existing as of the date hereof; including those listed in Exhibit "A," and the Grantee does hereby covenant and agree that the Grantor may file of record, documents in connection with such reversion, and that thu Gruntce shall do all things necessary and required to cause and document of record such reversion, Auld the Grantee, in consideration of the within conveyance and the sum of Ten Dollars ($10.00) paid by the Grantor to the Grantee and other good and valuable consideration, does hereby further covenant and agree that if at any time after dedication of said property and roadway improvements to the County of Hawaii, the County of Hawaii or successor governmental agency shall abandon the use of the property as roadway, or tail or cease to use said propcity forpublic roadway for a period of two (Z) years, then in either such event, at the Grantor's right and option, immediately upon written notice given to the County of Hawaii or successor governmental agency holding title to said property with tender of $17,500.00 per acre of land area in the property, and the elapse of a reasonable time not in excess of two (2) years to reinstitute use of said property as public roadway, the property shall automatically revert to the Grantor in fee simple, subject only to the encumbrances existing as of the date hereof, including those described in Exhibit "A," and the successors and assigns of the Grantee do hereby covenant and agree, by acceptance of conveyance of said property, that the Grantor may file of record, documents in connection with such reversion, and that it shall do all things necessary to cause acrd document of record such reversion. And the Grantor and the Grantee do hereby agree that if it is ever adjudged that any person or persons other than the Grantor is entitled to all or any portion of the consideration to the Grantor in connection wi th this instrutnent, then, subject to the Gumtor's right to notice and the opportunity to defend, the Grantor shall pay in cash to the Grantee, its successors or assigns, including the County of Hawaii, so much of $17,500.00 per acre of land in said property as the Grantor shall have received, as shall be adjudged to be due and owing to such other person or persons, and the Grantoes total obligation and responsibility, including concaquential damages and attuineys' Sees, in connection therewith and with any breach of any of the Grantor's agreements, covenants, representations and warranties and other undertakings hereunder shall be limited to and shall not exceed such payment And the Grantee does hereby acknowlodge and confirm that the Mamalaboa Highway Bypass Road of which said property is a part separates the Grrautor's property shown on Exhibit "C" into the two separate, non-contiguous parcels referred to herein as "said remaining lards," and that the Grantor would not enter into this instrument but for the provions herein, which provisions are material inducement and consideration for the Grantor to enter into this instrument The parties hereto agree that this instrument may be executed in counterpazts, each of which shall be deemed an original, and said counterparts shall together constitute one and the same insu ant, binding all of the parties hereto, notwithstanding that all of the parties are not signatories to the original or the same counterparts. Further, all duplicate, unexceuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document and recorded and/or filed with the Bureau of Conveyances, State of Hawaii ~a1C6'1C 3/'±"WO 4 03/20/00 13:51 TX/RX N0.5051 I'.006 0007 03/20/00 YON 19:98 FAY 8083058897 VILLAGE PROPERTIES-. And the Grantor does hereby covenant and agme with the Grantee that the Grantor will exercise its rights to enter and construct, install, operate, replace, repair and maintain 7 gxovcnmtr, and appurtenances m said reserved perpetual easements only after obtaiai ng all required governmental approvals therefor and in accordance with all applicable laws, and will, to the extentxeasonably practicable and in compliance with all governmental requirommts, repair and restore to its prior condition, any damage to the roadway thereby caused or occasionedby the Grantor. The conveyance herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee, and the Grantee's permitted successors and assigns. The herein reserved rights, including rights of revrsioa, exceptions, reservations and easements and the within covenants, conditions and restrictions and all the rights of the Grantor concerning the same are expressly declared to be in favor of the Grantor acrd the Grantors successors, heirs, personal representatives, successors in trust and assigns- The terms "Grantor" and "Grantee," as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural number, individuals, partnerships, trustees or corporations and their, and each of their respective successors, heirs, personal representatives, successors in trust and assigns, according to the context thereof. The respective covenants and obligations herein shall inure to the benefit and be binding on the parties hereto and their and each of their respective successors, heirs, personal rcpreseahtives, successors in bust and assigns, and all covenants and obligations undertaken by two or store persons shall be deemed to be joint and several unless It contrary intention is cl~arly expressed elsewhere herein. IN WITNESS WHEREOF, the Grantor and the Grantee have executed these presents the day and year first above written. ROBERT N. R ICHARbS, Trustee of the Joan E. Coupe Revocable Living Trust Grantee JOAN E. COUPt CHARLES W. COUPE ROBERT N. RICIIARDS, Trustee of the Marilyn Sue Wilson Revocable Living Trust MJLF.S HUGH WILSON Grantor ~.carcrrzoroo $ 03/20/00 13:51 TX/RX N0.5051 P.007 @l008 E.,_ROPERTIES 03120100 NON 13:38 FAX 808395869^ VILLAG STATE OF HAWAH ) ) SS. CffY AND COUNTY OF HONOLULU ) On this _ _ day of_. 2000, before me Appeared R013MT N. RICUAPM, Trustee of the Joan E. Coupe Revocable Living Trust, and Trustee of the Marilyn Sue Wilson Revocable Living Trwar, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed as such Trustee. Notary Public, State of Hawaii My commission expires: STATE OF I IAWAll ) ) SS. CITY AND COUNTY OF HONOLULU ) On this _ day of y 2000, before me appeared CFIARLFS W. COUPE and JOAN E. COUPE, to me personally known to be the persons descn-bed in and who executed the foregoing instrument and acknowledged that they exerted the same as their free act and deed. Notary Public, State of Hawaii My commission expires: STATE OF HAWAII ) ) SS. COUNTY OF ) On this day of~ 2000, before me appeared MLLES HUGH WILSON, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: :I - A.IC 3n4OW 6 03/20/00 13:51 TX/RX N0.5051 P.008 03!20!00 YON 13:39 FAX 8083958897 VILLAGE PROPERTIES 009 STATE OF 14AWATI ) SS. COUNTY OF IIAWAII On this day of 2000, before me appeared to tree personally known, who, being by me duty sworn, did say that he is the a mtmioipal corporation, and that the seal affixed to said instrument is the corporate seal of said municipal corporatiop and that the foregoing instrument was signed and aealed in behalf of said municipal corporation by authority of its City Council, and said acknowledged said instimmment to be the free act and deed of said municipal corporation. Nomry Public, State of mwaii My commission expires: xscarc vzamq 7 03/20/00 13:51 TX/RX N0.5051 P.009 Stephen K. Yamashiro Richard Wurdeman Mayor coiporadon Counsel 10-10u Tt7a DL P2Itantt OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 - Hilo, Hawaii 96720,4262 • (808) 961.8251 - Fax (808) 961.8622 April 4, 2000 Lyle Babka, Esq. 7723 Waikapu Loop Honolulu, Hawaii 96825 Dear Mr. Babka: Re: Coupe Limited Warranty Deed I have reviewed your drafi limited warranty deed and would like you to consider the following changes: 1. We need Exhibit B to determine the location of your easements or else reword the first and second reservation sections to allow for the easements with the placement to be agreed upon by Coupe and the County. 2. Page 2, third reserving and excepting clause, line 1. We would like the word "roadway" to be changed to "right-of-way," to make it clear that the County would have unconditional use of the right-of-way for things such as public utility easements, bike paths or other right-of-way uses. 3. Page 2, sixth paragraph, line 2. Again, changing "roadway" to "right-of-way." Secondly, deleting "two-land" and amending "roadway" again. Although the current plan calls for a two-laned roadway, based on the width of the right-of-way, a four-lane roadway could be a future consideration. Secondly, Oceanside 1250 would like some reservation within the section that Coupe will participate in a fair share allocation upon the development of their lands. 4. Page 4, add the following language to the bottom of paragraph 1: "Should the County of Hawaii undertake the improvements themselves or acquire the parcel, the dedication to the County provisions shall be deemed satisfied." If these are acceptable, I will forward to Council for their review since this dedication/warranty deed is out of the ordinary. Final acceptance for dedication will be upon completion of improvements. Sincerely, RICHARD D. WURDEMAN Corporation Counsel By MALDTA Corporation Counsel GT:de a:\mamalahoahwy\coupe\deedchanges. wpd cc: John R. Dwyer, Jr., Esq.