HomeMy WebLinkAboutCOM 0514.001 2002-2004LeICI IION L YULN
GOODSILL ANDERSON QUINN & STIFEL
A LIMITRD LIABILITY LAW PARTNERS] IIP LLP
ALII PLACE, SUITE 1800 • 1099 AlAKGA S I KEI F
HONOLL1aII, HAWAII 96813
MAIL ADDRESS: P.O. Box 311)6
HONOLULU, HAWAII 96801
TELEPHONE (808) 547-5600 • FAx (808) 547-1880
info@goodsill.com • www.goodsilLcom
April 6, 2004
County of Hawaii
County Council
Honorable James Arakaki, Chairman and Presiding Officer
25 Aupuni Street
Hilo, Hawaii 96720
Gentlemen:
DIREC I DIAL:
(808) 547-5605
IN IERNE 1 :
Iyuen@goodsill.com
r.,
n -
Re: Bay Pacific Development LLC Application for Amendment of
State Land Use Boundary (From Agricultural to Urban) and for
County Rezoning (Open to ML -1A)
We are the attorneys for Waikoloa Land Company, Inc. and its various
affiliates and subsidiaries, including Transcontinental Development Co., Transcontinental
Development (Hawaii) Co., Waikoloa Development Co. and Waikoloa Land & Cattle
Co. (collectively, "Waikoloa Land"). This letter is submitted on behalf of Waikoloa
Land in connection with the application filed by Bay Pacific Development LLC ("Bay
Pacific") for Amendment of State Land Use Boundary (From Agricultural to Urban) and
for County Rezoning (Open to ML -IA) with respect to 14.902 acres of land on the Island
of Hawaii which belong in fee simple to the Waikoloa Village Association. This
property is part of a parcel of land known as "Lot -3-13" which bears County of Hawaii
Tax Map Key Designation (3) 6-8-2-33, and which in turn is a part of Lot 3 of the
Waikoloa Development, as shown on File Plan 1172 filed in the Bureau of Conveyance,-
of
onveyances
of the State of Hawaii.
The land which is subject to Bay Pacific's applications for State Land Use
Boundary Adjustment and Rezoning (the "Subject Property") was intended to be part of
an open space buffer and to create open space vistas for the Waikoloa Village. The
rezoning and boundary changes sought by Bay Pacific compromise these intended uses,
and should not be approved for this reason. Enclosed with this letter is a map which
depicts the intended buffer and open space area, all of which is now owned by the
Waikoloa Village Association.
Comm. No.
Ref. To:
600zlz-z Ref. 1)ate, APR 7 200'
GOODSILL ANDERSON QUWN & S=L
A LIMITED LIABILITY LAW PARTNFRSHIP LLP
County of Hawaii
County Council
April 6, 2004
Page Two
As evidence of, and in order to implement the intended use, over 8000
acres of land surrounding the Waikoloa Village, including the Subject Property was made
subject to deed restrictions in favor of Waikoloa Land. These deed restrictions limit the
use of the Subject Property to uses permitted within Open Districts under the Hawaii
County Code. As such, even if Bay Pacific's applications are approved, the deed
restrictions which encumber the Subject Property limit the permitted uses to Open
Purposes, which is the zoning designation currently assigned to the Subject Property. A
copy of the Deed which establishes these restrictions is enclosed with this letter.
Waikoloa Village Association's agreement to limit the use of the Subject
Property to Open Purposes was part of a general settlement of a number of issues raised
by the Waikoloa Village Association with respect to the development of the Waikoloa
Village, as set forth in a lawsuit filed by the Waikoloa Village Association in 1986 in the
United States District Court. That settlement included the conveyance of 8000 acres of
land surrounding the Waikoloa Village, including the Subject Property, on the agreement
set forth in the enclosed Deed that these lands would be used only for the types of uses
permitted within Open Districts under the Hawaii County Code.
We understand that it has been suggested that Waikoloa Land's use of area
adjacent to the Subject Property for its utility baseyard constitutes forfeiture of Waikoloa
Land's rights to enforce the Deed restrictions. To the contrary, utility substations are a
permitted use within Open districts under Sections 25-5-162 and 25-4-11 of the Hawaii
County Code. Enclosed with this letter is a copy of the County of Hawaii Planning
Department letter dated December 17, 1997 which grants final plan approval for the
baseyard.
Waikoloa Land has advised both the Waikoloa Village Association and Bay
Pacific's consultant, Sidney M. Fuke, that the Waikoloa Village Association must comply
with the applicable deed restrictions. Waikoloa Land objects to any zone change or State
land use boundary adjustment which has the effect of permitting industrial uses on the
Subject Property. As set forth in the settlement documents entered into by the Waikoloa
Village Association and Transcontinental Development Co., the lands conveyed to the
Waikoloa Village Association were intended to serve as a buffer for the entire Waikoloa
Village and must continue to be used only for Open Purposes.
GOODSILL ANDERSON QUINN & S=L
A LIMITED LIABILITY LAW PARTNERSHIP LLP
County of Hawaii
County Council
April 6, 2004
Page Three
For the above -stated reasons, Bay Pacific's applications should be denied.
We appreciate your consideration in this matter.
Very truly yours,
GOODSILL ANDERSON QUINN & STIFEL
Leighton uen
LJY:Iay
Enclosures
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DVAVIIdIM OF TA"710"
Mom- SBA NCH
OFFK3
I"`S9T '1"' 414 7 TAX MAPS BRANCH
STAT11 OF HAWAK
?a. ff 4NO4 774A.4 i
10 TAX MAP
ez THIRD TAXATION DISTRICT
11 -F--SEC. ---T—PLAT
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FOR PROPERTY ASSESSMENT PURPOSES SCALE. I IN— 2000 FT
POR. WAIKOLOA, SOUrH KOHALA, HAWA14 (Formerly Por. 6 8 0/1 SUBJECT TO CHANGE
U
r:CORDATION REQUESTED BY:
FTER RECORDATION, RETURN TO:
SPACE ABOVE THIS LINE FOR REGISTRAR'S USE
6 W
THIS DEED made as of the 31st day of December,
1985, by and between TRANSCONTINENTAL DEVELOPMENT CO., a
Texas general partnership authorized to do business in the
State of Hawaii, whose principal place of business and
mailing address is at 1001 Bishop Street, Pauahi Tower,
Suite 2610, Honolulu, Hawaii 96813, hereinafter called the
„Grantor", and WAIKOLOA VILLAGE ASSOCIATION, a Hawaii,
nonprofit corporation, whose principal place of business
is at Waikoloa, Hawaii, and whose post office address is
P. O. Box 3008, Waikoloa, Hawaii 96743, hereinafter called
the "Grantee";
H I I N_ Z I E Z I i:
In consideration of TEN DOLLARS ($10.00) paid by
Grantee to Grantor, and other valuable consideration,
receipt whereof is hereby acknowledged, the Grantor does
hereby grant, bargain, sell, and convey unto the Grantee,
its successors and assigns, in fee simple, forever, the
real property situate at Waikoloa, Island, County and
State of Hawaii, as more particularly described in
Exhibit "A" attached hereto and made a part hereof, and
subject to the encumbrances and reservations set forth in
said Exhibit "A".
TO HAVE AND TO HOLD the same, together with the
rents, issues and profits thereof, the improvements
thereon, and the tenements, rights, easements, privileges
and appurtenances thereunto belonging or appertaining or
held and enjoyed therewith, unto Grantee, its successors
and assigns, forever.
Grantor, for itself and its successors, does
hereby covenant with Grantee that it has good right to
sell and convey said premises; that the interest of
Grantor is free and clear of all encumbrances made by,
through or under Grantor, except as herein mentioned, and
current real property taxes, if any, which are to be
prorated as of the date of recording of this instrument;
and that it will warrant and defend the same unto Grantee
against the lawful claims and demands of all persons
claiming by, through or under Grantor, except as
aforesaid.
Grantee, for itself and its successors and
assigns, does hereby covenant and agree (for a covenant
running with the land) that the premises hereby conveyed
shall be dedicated, maintained, and used only for Open
F
District purposes as defined and permitted in Chapter 25,
Article 17, as amended, of the Hawaii County Code in
effect as of the date hereof and as defined and permitted
in any amendments to such Chapter and Article as may
hereinafter be duly adopted.
IN WITNESS WHEREOF, the Grantor and the Grantee
have caused this instrument to be duly executed as of the
day and year first above written.
TRANSCONTINENTAL DEVELOPMENT CO.,
a Texas General Partnership,
By TRANSCONTINENTAL CORPORATION,
Its Managing General Partner
By: .e&—
Its 4ssr
Grantor
WAIKOLOA VILLAGE ASSOCIATION
By:
By: /
i
Grantee
3
, 19EZ, before
personally
that he is
RATION, a
_ 1 Partner of
TRANSCONTINENTAL DEVELOPMENT CO., a Texas general partner-
ship authorized to do business in the State of Hawaii;
that the seal affixed to the foregoing instrument is the
corporate seal of said corporation; that said instrument
was signed and sealed in behalf of said corporation by
authority of its Board of Directors; and said
/_n_ acknowledged the instrument to be
the free act and deed of saidcq�porationassaid Managing
General Partner. 7�
My Commission expires: /z,/7 19Q.
STATE OF HAW IZ )
COUNTY OF
)
thi
SS.
of QC.19� 7
appearea IL (-. ujand-D)n nll / D. 1311
to me pe onall wn, wh Bing by me y sworn
that they are t 1 Q R and 1
respectively of WAIKOLOA vI GE ASSOCIATION, a Haw
nonprofit corporation; that the seal affixed to th�
foregoing instrument is the corporate seal of said
me
did say
corporation; that instrument was signe nd sealed in
behalf of said c rpor ion b authority of s Boa d of
Directors; and sa 'LCIS C and QL1Q 0.1
acknowledged said instrument to be the free act and d ed
of said corporation.
0
C, Sta
My Commission expires: S Il ul q
MIM4440XV
PARCEL FIRST•
All of that certain parcel of land situate at
Waikoloa, District of South Kohala, Island and County of
Hawaii, State of Hawaii, being Lot 1, of the "WAIKOLOA
DEVELOPMENT", as shown on File Plan No. 1172, filed in the
Bureau of Conveyances of the State of Hawaii, and
containing an area of 11154.192 acres, more or less.
BEING A PORTION OF THE PREMISES DESCRIBED IN DEED
GRANTOR FIRST HAWAIIAN BANK, a Hawaii
corporation, Trustee under
unrecorded Trust Agreement dated
December 12, 1968, between it,
Richard Smart and Boise Cascade
Home i Land Corporation, as amended
GRANTEE TRANSCONTINENTAL DEVELOPMENT CO., a
Texas partnership
DATED September 9, 1985
RECORDED Liber 19013 Page 178
in the Office of the Registrar of
Conveyances at Honolulu
Page 1 of 37
EXCE :NG AND RESERVING unto TR .CONTINENTAL
DEVELOPMENT CO., its successors and assigns forever, a
non-exclusive easement for roadway and utility purposes
over and across Easement U-lA as described below, together
with a right and easement to grade, pave, construct,
maintain, operate, and repair said easement and together
with such rights of way for ingress and egress as shall be
reasonably necessary in connection therewith:
AT WAIROL A, SCUM KOWA, ISLAND OF HAWAII, HAWAII
BEING A PORT CN OF ROYAL PATENT 5671,
IAM CLMMISSION AWARD 8521-B, APANA 1 10 G. D. MW
BEING ALSO A PCRTICN CF IAT 1 OF WAIRCU)A DEVEinpS v (FILE PLAN 1172)
Beginning at a pipe in ahu at the Easterly corner of this parcel of land, on
the Westerly side of Waikoloa Riad, being also the North corner of Lot 5-A of Waikoloa
Ranch Lots, Section A, the coordinates of which referred to Government Survey
Triangulation Station "PUU HINAI" being 1,138.87 feet South and 12,999.43 feet East and
running by azimuths measured clockwise from true South:
1. 50" 44' 24" 567.84 feet along Lot 5-A of Waikoloa Ranch
Lots, Section A;
2. 42" 29' 17"
3. 34" 14' 10"
4. 41" 00' 33.5"
thence along Lot 5-A of 11aikoloa
Ranch Lots, Section A, on a curve
to the left with a radius of
2,200.00 feet, the chord azimuth
and distance being:
631.52 feet, thence;
1,409.69 feet along Lot 5-A of Waikoloa Ranch
Lots, Section A;
thence along Lot 5-A of Waikoloa
Ranch Lots, Section A, on a curve
to the right with a radius of
1,800.00 feet, the chord azimuth
and distance being:
424.58 feet to a pipe in ahu, thence;
Page 2 of 37
7
5. 47" 46' 57" 439.15 feet along Lot 4 of Waikoloa Ranch
Lots, Section A (File Plan 1139);
thence along Lot 4 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the left with
a radius of 1,400.00 feet, the
chord azimuth and distance being:
6. 37" 04' 36" 520.15 feet, thence;
7. 26" 22' 15" 202.05 feet along Lot 4 of Waikoloa Ranch
Lots, Section A (File Plan 1139);
thence along Lot 4 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the right
with a radius of 1,000.00 feet,
the chord azimuth and distance
being:
S. 40" 44' 36" 496.45 feet, thence;
9. 55" 06' 57" 246.98 feet along Lot 4 of Waikoloa Ranch
Lots, Section A (File Plan 1139);
thence along Lot 4 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the left with
a radius of 1,400.00 feet, the
chord azimuth and distance being:
10. 38" 06' 21.5" 819.10 feet, thence;
11. 21" 05' 46" 1,183.14 feet along Lots 4 and 3 of Waikoloa
Ranch Lots, Section A (File Plan
1139);
thence along Lot 3 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the right
with a radius of 1,000.00 feet,
the chord azimuth and distance
being:
12. 37" 06' 47" 551.84 feet, thence;
13. 53" 07' 48" 650.00 feet along Lot 3 of Waikoloa Ranch
Lots, Section A (File Plan 1139);
thence along Lot 3 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the left with
a radius of 1,400.00 feet, the
chord azimuth and distance being:
Page 3 of 37
14. 44' 10' c9.5" 435.85 feet, thence;
15. 35" 13' 31" 2,010.09 feet along Lot 3 of Waikoloa Ranch
Lots, Section A (File Plan 1139)
to a pipe in ahu,
thence along Lot 2 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the right
with a radius of 1,300.00 feet,
the chord azimuth and distance
being:
16. 52' 52' 17.5' 788.40 feet, thence;
17. 70" 31' 24" 869.77 feet along Lot 2 of Waikoloa Ranch
Lots, Section A (File Plan 1139);
thence along Lot 2 of Waikoloa
Ranch Lots, Section A (File Plan
1139), on a curve to the right
with a radius of 1,300.00 feet,
the chord azimuth and distance
being:
18. 74' 52' 02.5' 196.94 feet, thence;
19. 790 12' 41" 361.80 feet along Lot 2 of Waikolca Ranch
lots, Section A (File Plan 1139);
thence along Lot 2 of Waikoloa
Ranch lots, Section A (File Plan
1139), on a curve to the left with
a radius of 1,400.00 feet, the
chord azimuth and distance being:
20. 73° 29' 28" 279.08 feet, thence;
21. 670 46' 15" 3,243.05 feet along lots 2 and 1 of Waikolca
Ranch Lots, Section A (File Plan
1139) to a pipe in ahu;
22. 1570 46' 15" 80.00 feet along Government land of
Puuanahulu,
23. 2470 46' 15" 3,243.05 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikolos Development (File Plan
1172), on a curve to the right
with a radius of 18480.00 feet,
the chord azimuth and distance
being:
Page 4 of 37
24. 253" 29' 1" 295.03 feet, th, e;
25. 2590 .12' 41" 361.80 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), on a curve to the left with
a radius of 1,220.00 feet, the
chord azimuth and distance being:
26. 2540 52' 02.5" 184.82 feet, thence;
27. 2500 31' 24" 869.77 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Int 1 of
Waikoloa Development (File Plan
1172), on a curve to the left with
a radius of 1,220.00 feet, the
chord azimuth and distance being:
28. 2320 52' 17.5" 739.89 feet, thence;
29. 215" 13' 11" 2,010.09 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
30. 224" 10' 29.5" 460.76 feet, thence;
31. 233" 07' 48" 650.00 feet along remainder of lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), on a curve to the left with
a radius of 920.00 feet, the chord
azimuth and distance being:
32. 2170 06' 47" 507.70 feet, thence;
Page 5 of 37
33. 2010 05' 46" 1,183.14 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172) ;
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), an a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
34. 2180 06' 21.5" 865.91 feet, thence;
35. 2350 06' 57" 246.98 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
n72);
the.ice along remainder of Lot 1 of
Waikoloa. Development (File Plan
1172), on a curve to the left with
a radius of 920.00 feet, the chord
azimuth and distance being:
36. 2200 44' 36" 456.73 feet, thence;
37. 2060 22' 15" 202.05 feet along remainder of Lot 1 of
Waikolca Development (File Plan
3-172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
38. 2170 04' 36" 549.87 feet, thence;
39. 2270 46' 57" 439.15 feet along remainder of Lot 1 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 1 of
Waikoloa Development (File Plan
1172), on a curve to the left with
a radius of 1,720.00 feet, the
chord azimuth and distance being:
40. 2210 00' 33.5" 405.71 feet, thence;
Page 6 of 37
fl. 2140 14' 30" 1,409.69 feet Walk loa Devveeloptentt (FilefPlan
1172)1
thence along remainder of Lot 1 of
Waikoloa Develop= t (File Plan
1172); on a curve to the right
with a radius of 2,290.00 feet,
the chord azimuth and distance
being:
42. 222° 29' 17" 654.48 feet, thence;
43. 2300 44' 24" 599.70 feet along remainder of lot I f
Vbiik ioa Develognent (rile Plan
1172);
44. 3420 27' 26" 96.11 feet along the Westerly side of
Waikoloa Road to the point of
beginning and containing an area
of 30.077 Acres.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors and
assigns, all rights to underground water under or
appurtenant to the granted premises, together with the
right to enter upon the granted premises to drill for and
remove said water from the granted premises, with the
right to assign and transfer said rights to the State of
Hawaii, County of Hawaii, Department of Water Supply or
any public or private utility or other corporation.
Page 7 of 37
J -
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the state of Hawaii of
All mineral and metallic sines.
2. reseaent •u-10 (20 feet wide, area 1.596 acres)
11720 for utility purposes, as shorn on File Plan lo.
3. grant in favor of Yaikoloa Yater Co., Inc,,
dated December 20, 1970, recorled in Liber
13374 at Fag* 441, as aaended by instrasent-date! February
a, 1981, rocordet in liber 15495 at Pago 1031 granting a
perpetual bonex:lusivs easasent for water liner an_ rater
service conaected with Its operation as a mater public
stllitF# etc., over ant across said Easement -u-16.
4. Easeaent -E-1- (75 feet wide) for electrical
10. 1172. ant telephone purposes, as shown cr. File Flat
5. grant In favor of Hawaii Electric Light
Cospan7, Inc., dated October 6, 19E0, recorded
In Libor 15112 at page 2661 granting perpetual rights and
maseaents to construct, reconstruct, reLair, maintain and
operate pole and wire lines and/or andaroround lines, etc.,
ower, ander, upon, across and through Easement-E-T-1D-
ovor Lot 1 ant Eesesent-E-T-10 over Lot 1 and Lot 2 of
File Plan 1172, out being sore particularly described in as
follows
(a) All of that certain parcel of land
(portion of the land described in and
covered by loyal Patent WUaber 56711 Land C0aLl551On awarl
lueber 6521-F., Aran& 1 to C. D. 9ueu) sitotte, lfic.y or.!
being at 4aikoloa, District of South Kohala, Island ane
Page 8 of 37
-Const: of Navail, State of lavlll, being EISEEEKT 't -T -1D•
(3.30 feet vide) for guy and anchor Parposeso Rase being a
portion of Lot 1 of the 'YAIKOLOI Di1ELOPEES T'e File Plan
1172• and thus bounded aD8 describeds
f Waaiao at the South corner of this aasssent,
the coordinates of which referred to Coverasett, Survey
?rianwulation Station 'PDD NI3AI' being 3410.67 foot South
an$ 11,0B5.76 feet test anS running b7 ozl aotte *assured
clockvise free true Souths
1. 121• )B' 26' 3.00 feet along remainder of Lot 1
of Vaikoloa Development, File
Plan 1172;
2. 210 36 70.38 feet along remainder of Lot 1
of Yaikoloa Det elctaer.t, File
Plan 1172;
3. 300 36' 3.00 fest along remainder of Lot 1
of Fa►kelea Developmert, File
Plan 11727
a. 3116 36' 30.22 foot along remainder of Lot 1
of Vaikolos Develorment, File
Plan 1172 to the pcint of
beginniaa and containing an
area of 91 *;care feet.
(L) All of that certain parcel of last
(portion of the land described in and
cover*! by Royal Patent Number 5671, Land toacission Award
Kueber 8S21-1, Apeas 1 to t. D. Mugu) situate, Ills; and
being at Valkoloa, District of South Kobala, Islas$ and
Coanty of Havaii, State of Havaii, below EASECEKT 0E -?-1'
(75.D0 feet slde), ease being portions of Lots 1 anS 2 of
the 'YAIKDLOA DEIELOPMEST', file Plan 1172• and thus
boasted and describeds
3e91aninw at the Southeast corner of this
easeeent on the Soutbeasterly boundary of Lot 1 of Vaikoloa
Derelopaent, File Plan 1172, the coordinates tf which
refsrre! to Covernaent Survey Triangulation Station. 'PVV
MiMAI- being 3,659.93 feet South and 11,039.26 feet Eart
an$ runniao by aaiauths measured clockwise f rcr troe South:
Page 9 of 37
1. 1210 36' 26• S,900.04 feet along the romainiers o:
r Lots 1 and 2 of Yaikoloa
D0v*lOPalnL, File Plan 1172;
2. 989 529 20' 4,741.17 fest along the remainder of
Lot 2 of galkoloa
DeveloPment, File Plan 1172;
3. 1509 469 27' 1,131.56 feet along the remainder of
Lot 2 of Yaikoloa
DevaloPaent, File Plan 1172;
a. 1389 16' 59' 790.77 feet along th-e remainder of
Lot 2 of Yaikoloa
Development, File Plan 1172;
S. 1069 134 SM' 715.82 feet along the teaaiader of
Lot 2 of Yaikoloa
DavelOpaant. F120 Plan 1172;
6. 1359 S• SR' 1,063.0E feet along the Tetaiader of
Lot 2 of Yaikolca
Development, Flle Plan 1172;
7. 1599 36' 23' 3,475.06 foot along the remainder of
Lot 2 of Yaikolca
Devmlopaent, File Flan 1172;
6. 1919 30 99 692.2° feet along the remainder of
Lot 2 of Yaikolca
Development, File Plan 1172;
9. 2P59 30 99 75.00 foot along the remainder of
Lot 2 of Yaikolca
Development, File Plan 1172;
10. 189 30 9' 665.36 feet along the remainder of
Lot 2 of Yaikolee
Development, F120 Plan 1172;
11. 3389 369 230 3,432.56 feet along the remainder of
Lot 2 of Yaikoloa
Development, File Plan 1172;
12. 3159 5' 550 16026.11 feet alon; the reaainder of
Lot 2 of Vaikolea
Devrlo;.meznt, File Plan 1172;
Page 10 of 37
13, 2960 130 S4" 718.07 feet along the remainder of
Lot 2 of Yaikoloa
Derelopmeat, File Plat 1172;
14, 318• 16' S9" 820,55 feet sloop the remainder of
Lot 2 of Yaikoloa
Developsest, Tile Plan 11721
1S. 330* 48• 270 1,103.28 feet along the remainder of
Lot 2 of Yaikoloa
Development, File Plan 11721
16. 278• S2' 20" 6,720.44 feet along the remainder of
Lot 2 of Vaitoloa
Development, File Plan 1172;
17. 301• 38' 26' 5,923.55 feet along the remainders of
Lots 2 and 1 of Yaikoloa
Develo;aent, File Plan 11721
19, 3140 26• 32" 12.24 feet along the remainder of
Lot 1 of Yaikoloe
Development, File Plan 1172t
Page 11 of 37
,hence along Lot S of
YlikDloa Beach lots, Seetiozz
A, File Plan 1139, on a
curve to the right with m
radius of 1,80C.o0 feet, the
chord azimuth and distance
beinot
19. 470 3'
55'
45.05 feet;
20. 470 46'
S70
30.05 feet along Lot a of Yaikoloa
Ranch Lots, Section A, File
Plan 11390 to the Point of
beglaniai and containing on
area of 31.799 acres.
6. Grant in
favor
of Waikoloa Water Co., Inc., dated 4-b
111e bt.- 31 ,
1986
, recorded in Liber 9844-1 at Page
-II t granting an
easement for roadway an uti ity
purposes over
and across
Easement U -IA as more particularly
described therein.
Page 11 of 37
PARCEL SECOND:
All of those certain parcels of land situate at
Waikoloa, District of South Rohala, Island and County of
Hawaii, State of Hawaii, being Lots 3-A and 3-B,
containing an area of approximately 1957.631 acres,
described as follows:
IOP 3-A
ZAND Snip= CN TFC SOUTHEASTERLY SIm Cr W4IXMOCA ROAD
W iA"MCA, SCM R"ZA, ISIAYM Cr RMII, R%MII
BEING A POFMICN Cr RML PAit'N!' 5671, UND CO ffMIM AWARD 8521-8,
APANA 1 TO G. D. X=
BEIM ALSO A POia'IM Cr LCR' 3 CP' W ZKCLCA DtVF.I.CFMW
(FILE PUN 1172)
Beginning at the West corner of this parcel of lard, on the Southeasterly side
of itaikolce Road, the coordirbtes of which referred to Government Survey Triangulation
Station 'PW HI1g+10 being 2,833.86 feet North and 128283.36 feet West and running by
azimuths sessured clockwise from true South:
Along the Southeasterly side of
Waikoloa Rced, on a curve to the
left with a radius of 1,590.00
feet, the chord azimuth and
distance being:
Page 12 of 37
1. 2330
03'
05.9"
338.91 feet, thence;
2. 226"
56,
O1•
2,826.60 feet along the Southeasterly side
of
Waikoloe Road;
thence alcng the Southeasterly side
Of Waikoloa road, on a curve to the
left with a radius of 11590.00
feet, the chord azimuth and
distance being:
3• 220"
59'
47.5"
328.93
feet, thence;
4. 2150
03'
34"
1077.03
feet along the Southeasterly side of
Waikoloa Road;
thence al ang the Southeasterly side
of Waikolca road, an a curve to the
right with a radius of 910.00 feet,
the chord azimuth and distance
being:
5. 2260
48'
04.5"
370.37
feet, thence;
6. 2360
32'
35"
571.70
feet alar the Southeasterly side of
Waikolce Road;
thence al ang the Southeasterly side
of Waikoloa road, on a curve to the
left with a radius of 1,090.00
feet, the chord azimuth and
distance being:
7. 2260
30'
15.5"
454.69
feet, thence;
8. 2140
27'
56"
206.34
feet along the Southeasterly side of
Waikala Road;
thence alcng the Southeasterly side
Of Waikolce road, an a cove to the
right with a radius of 1,630.00
feet, the chord azimuth and
distance being:
9. 227'
02'
56"
710.22
feet to a pipe, thence;
10. 3290
37'
56"
62.75
feet alcng remairder of Lot 3 of
Waikoloa Development (File Plan
1172) to a pipe,
11. 28"
00'
3,157.83
feet alang remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to a Pipe;
Page 13 of 37
12. 2980 00' 3403.06 feet along remainder of Lot 3 of
Waikolca Develcpnent (File Plan
1172) to a Pipe;
13. 2080 00' 3,000.00 feet along remainder of Lot 3 of
Waikoloe Development (File Plan
1172) to a pipe;
14.
33V
55,
16"
3,143.20
feet
along Lot 2-6 of Waikoloa
Development;
15.
160
43"
02"
3,059.30
feet
along Lot 2-8 of waikoloa
Development,
16.
304"
52'
31"
2,011.22
feet
along Lot 2-8 of Waikoloa
Development;
17.
3400
020
36"
3,691.68
feet
along Lot 2-8 of Waikoloa
Development;
18.
3490
45'
S1"
5,135.19
feet
along Lot 1 of Waikoloa Development
(File Plan 1172) to a pipe in
concrete marked •W -P-50;
19.
1400
39,
05"
5,544.00
feet
along Government Lard of Fuuanahulu
to a spike in ",A " wt in pahoehoe
marked "Rapukaiki";
20.
103•
43'
46.6"
5,380.26
feet
along Government Lard of Puuanahulu
to a pipe in concrete marked
`"-7";
21.
193•
43'
45"
3,698.92 feet
a3rn 4
Subdivision No.f2Wto aloa pipeain
concrete marked •W-1";
22. 1220
22'
5,697.24 feet along Lot 3-8 of Waikoloa Parcel 4
Subdivision No. 2 to the point of
beginning and containing an area of
1689.742 acres.
Page 14 of 37
IAT 3-B
LAW STTUA4£D ON nX SOUnMNSTMY SIDE CF iWIKCLCR ROAD
AT MnMCA, SMYM K3MA1 =AM Cr MMII, HMII
BEING A PORSIM CF TM%L PATENT 5671, MW C 341ISSION AWWRD 8521-B,
APAM 1 TO G. D. SUM
BEING ALSO A PORSICN OF LOT 3 Cr MIRCLOA DEVELan w
(FIM PIAN 1172)
Beginning at a pipe at the North corner of this parcel of lard, an the
Southeasterly'cide of Waikoloa Road, being also the West corner of Lot 5 of Waikoloa 1a:
1.5, Unit 1 (File Plan 1378), the coordinates of which referred to Government Survey
Triangulation Statim "PW SIMI" being 7,911.61 feet North and 7,129.75 feet West and
running by azimuths measured clockwise frar, true South:
Along Lot 5 of Waikoloa RM 1.5,
Unit 1, (File Plan 1378), on a
curve to the left with a radius of
41400.00 feet, the chord azimuth
and distance being:
1.
3000
18'
15" 424.47
feet
to a pipe, thence;
2.
2970
32'
22" 1,925.65
feet
along Lot 5 of Waikoloa W, 1.5,
Unit 1 (File Plan 1378) to a pipe;
thence alan9 Lot 5 of Waikoloa RM
1.5, unit 1, (File Pian 1378), on a
curve to the right with a radius of
2,900.00 feet, the chord azimuth
and distance being:
3.
3100
19'
05.5" 1,282.88
feet
to a pipe, thence,
4.
28"
00'
3,000.00
feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to a pipe;
Page 15 of
37
5. 118" 00' 3,603.06 feet along remainder of Lot 3 Of
Waikoloa Development (File Plan
1172) to a pipe;
6. 208° 00 3,157.63 feet along remainder of Lot 3 of
Waikoloa Development (File Plan.
1172) to a pipe;
7. 149" 37' 56" 62.75 feet along remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to a pipe;
thence along the Southeasterly side
of Waikolca Reed, on a curve to the
right with a radius of 1,630.00
feet, the chord azimuth and
distance being:
S. 240" 00' 06" 21.02 feet to a pipe, thence;
9. 2400 22' 16" 78.98 feet along the Southeasterly side of
Waikolca Road to the point of
• beginning and containing an area of
267.889 acres.
Page 16 of 37
EXCEPTING AND RESERVING unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
access road purposes over and across Easement R-1
as shown on File Plan No. 1172, together with a
right and easement to gradepave, construct,
maintain, operate, and repair said easement and
together with such rights of way for ingress and
egress as shall be reasonably necessary in
connection therewith.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
roadway and utility purposes over and across
Easement R -1-A as described below, together with
a right and easement to grade, pave, construct,
maintain, operate, and repair said easement and
together with such rights of way for ingress and
egress as shall be reasonably necessary in
connection therewith:
EASEMM' ' R -1--A
(50.00 FEET W=E)
LAND S=JA= AT MIIi KCLO4, SDJM KQ1AIA, ISIAPID OF FDMII, MU%'kl2
BEIM A PCFMCt; CF FOM PATEN 5671,
LAPID 02+USSIM, AWM 8521-5, APANA 1 To G. D. HUED
BEIM ALSO A PORTION OF LOT 3 CF VWFC EZk DEVEL!]PP M
(FILE PIAN 1172)
Page 17 of 37
Beginning at a spike in triangle cut in pahoehoe marked 'Kapukaiki" at the
Southeast corner of this parcel of land on the boundary line between the lands of south
Kohala and North Kona, the coordinates of which referred to Government Survey
Triangulation Station 'PW HINAV being 5,086.26 feet South and 3,122.59 feet West and
running by azimuths measured clockwise from true South:
1. 103" 43' 46.6" 50.00 feet along Government Land of
Puuanahulu;
2. 193" 43' 46.6" 1,002.61 feet along remainder of Lot 3 of
Waikolca Development (File Plan
1172),
3. 1996 41' 51" 600.65 feet along remainder of Lot 3 of
Waikoloa Development (File Plan
1172);
4. 2830 43' 46.6" 50.27 feet along remainder of Lot 3 of
Waikoloa Development, along the
Southerly end of Easement R-1
(File Plan 1172);
5. 19' 41' 51" 603.27 feet along remainder of Lot 3 of
Waikoloa Development (File Plan
1172);
6. 13' 43' 46.6" 1,000.00 feet along remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to the point of beginning
and containing an area of 1.840
acres.
Page 18 of 37
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT Co., its successors
and assigns forever, a non-exclusive easement for
solid waste disposal purposes affecting
Easement R -2-A as described below:
*-2-A
LAND S111 ATED AT WAImCEA4, SM?M K".tA, I -cum Cr Emil, immul
BEING A POFMCN CP FM -AL PATEN: 5671,
LWND 01'HISSION Aim 8521-B, APANA 1 70 G. D. MMU
BEING ALSO A PORMCN C£ LOT 3 Cr WALRCU)A DEvELZpNh, V
(FILE PIAN 1172)
Beginning at the Southeast corner of this parcel of land, the direct azimuth
and distance from a spike in triangle cut in pahoehoe marked "Rapukaiki" being 193° 43'
46.6" 600.00 feet and running by azimuths measured clockwise frau true South:
1. 1030 43' 46.6" 1,000.00 feet along remainder of Lot 3 of
Waikoloa Development (File Plan
1172);
2.
1936
43'
46.6"
1,600.00 feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172);
3.
283"
43'
46.6"
1,125.45 feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172);
4.
19"
41'
51"
1,206.54 feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172);
S.
13"
43'
46.6"
400.00 feet
along remainder of Lot 3 of
Waikoloa Development (File Plan
1172) to the point of beginning
and containing an area of 38.459
acres.
Page 19 of 37
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns, all rights to underground water
under or appurtenant to the granted premises,
together with the right to enter upon the granted
premises to drill for and remove said water from
the granted premises, with the right to assign
and transfer said rights to the State of Hawaii,
County of Hawaii, Department of Water Supply or
any public or private utility or other
corporation.
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of
all mineral and metallic mines.
2. iaseaett •P-2' (area 37.163 acres) for *Olid
wart# disposal purposes, as sh wwr. or. File Plar.
Ka. 1172.
3. Iaseeeat 'A-1' (50 feet wide) for accers road
parpzsese as shown on Idle Plan Ie. 1172.
4. reseatnt 'E-2' (75 feet wide) for electrical
at! telephone purrzaes, as shows or File Flan
/o, 1172.
S. raseeent 'E-7' 975 feet wide) for electrical
on! telephone porrZoese as shown on File Plat
go.
6. Grant in favor of Hawaii rlectrl c tight
Cospan7, Inc., dated ALril 27, 1974, racor4ed
In IlEer 11611 at Page 135; grsetino a Perpetual richt and
osseaent to eomstroct, recomstruct, Operate, maintain and
Fecal[ pole an! wire limes, etc., for the tratralssion and
distribution of electricity over, mpoze across and throuch
tasesent 09' alfecting tots 3 sts 2 of the "UPIX010A
pt1ELOPtENT', File Plan 1172, and belt; sore tarticolarl7
as follows;
All 0! that eartata parcel of lane (pertion of
the San! described Is and covered by Foial Patent wasber
5571, Len: tosalsslor. Award Suaber 8321-P, Arena 1 to +. D.
Baru) situate, Iris; and belno at Vaikoloa, DSstrict of
S-:oat1 Kotala, Isla>> and Ccuntl of Raraii, State of Usual!,
being EA:E!rxT 090, ease being a portion of lets 2 end 3 of
the 'YAIr0101 DE1iL0fSalT', File Plan 1172, ant des:rlbel
as followst
Page 20 of 37
Dole; a strir of land one hundred (10o.00) feet
w15a and erteeiiag fifty (50'00) feet on either side of the
follovirr, described centerline:
6epineiag on the centerline, at the South and
of this easement, 02 the North boundary of the Coverament
Lar.! of Puoanaholu, the coordinates of said pcint of
beglnnino referred to :overbaent Survey Triangulation
btatior. "M HINAI' being 3.621.70 feet Scott, and 6.29$.%0
feet Vest, and runr.img by an &sleuth measured clockwise
fras true Soothe
Is 210• 27. 11,53S.P1 feet along'resalydors of
Lots 2 and 7 of the
'Yaikoloa Develozaent`
(File Plan 1172) to
Easement 1-1 of the
•Yaikoloa Develocment'
(File Plan 1172) and
contalein7 at area of
26.463 acres.
7. Crmnt in favor of Yaikoloa Vater Cc., Inc.,
dated December 20, 197$, recorded in Liber
13174 at Page a%1, as amended by Sastrusent dated F&broary
L, 1961, recorded in Liber 1549E at Pape 1233 grantiso
perpetool aonerclosive easements for water lines and water
servlce connected with its operation as a water public
utility, etc., over and scrors Easement 'Y2 -A` mffectino
Let 3 and being more particularly described as followss
All of that certain parcel of land (portion of
the land described in and eoveree by Royal Patent Number
Wit Lan! :ossisslot Awa:!! Nueaer e521 -B, Arent 1 to C. D.
Puau) situate, lying sad beino on the Southerly boundary of
Raikoloa FP 1.S, Unit 1 (File Plan 1378) at haikoloa,
District of Soatt Kohala, Island and County of Hawaii,
State of Mevaii, being EASEPrNT -W-2A' for water purposes,
rase being a portion of Lot 3 of the `VAIMCA
DEVELOFFU T', File Plan 1172, and thus bounded and
doscribeds
Page 21 of 37
Beginning at the Northeast Corner of this
easement, on the Southerly bounSarr of Lot 5 of Yaikoloa R.".
1.5, Unit 1, File Plan 1378, the coordinates of which
referred to Covernmett Survey Sriangnlatict Station, "PUU
RItAI' being 7,002.65 feet North and 5,430.49 feet Yast 4n9
ruaoinv by azimuths measures clockwise from true South$
1. 27• 32' 22' 197.00 feet along rem&1nder of Lot 3
of Yaikoloa 0avelorsent, File
Plan 1172;
2. 297• 32' 22" 100.00 feet slonv remainder of Lot 3
of Valkolos Development• File
Plan 11721
3. 27' 32' 22' 250.DO feet aiono ressineor of lot 3
of Yaikoloa Development, File
Plan 1172;
a. 117• 32' 22" 250.00 feet along remainder of Lot 3
of Yaikoloa Development, File
Plat 11721
5. 207• 32' 22" 250.00 feet along remainder of Lot 3
of 1811koloa Development, File
Plan 1172;
6. 297• 32' 22" 100.00 feet along remainder of Lot 3
of Yaikoloa Develersen,t, File
Plan 1172;
7. 207• 32' 22" 197.00 feet along reasin.der of Lot 3
of Yaikoloa Development, File
Plan. 1172;
S. 297' 32' 22" 50.00 feet %long Lot 5 of Yaikoloa
PC 1.50 Unit 1, File Plan 137E
to the point of 1•eginnint and
containito an arte of 1.661
a=res.
S. Grant of easement in favor of Hawaiian Telephone Company,
dated October 25, 1978, recorded in Liber 13402, at Page 662;
granting an easement over and across Easement "RS -1" for radio
station purposes, Easement "A-1" for access purposes, and
Easement "T-1" for telephone overhead line purposes, as more
particularly described in said grant.
Page 22 of 37
9. Crant in favor of Favell Electric Nicht
Coapany, Inc., dated August 140 1575, reeorda:
In Liber 13956 at Page 4911 grentirp • perpettel
none:clnfive right any easeMent of &=cess, and for electric
st1llty Purposes over £aseaent 'C-30, containing aL area of
17.272 acres, affecting Lot 3, besides other land, and
being More particularly describe! therein.
10. Crant in favor of Favali Electric Light
Company, Inc. an_ Mavaiian Telephone CoMpaLy,
dated Noveshtr 3, 1900, recorded In liber 15357 at Pape
199; granting the right in the nature of a persetual
sonsxclosl" utility easement to build, construct,
re:otstruct, rebuild, repair, salntaiL, operate and use
pole and vire lines, guys, anchors, etc., op or., across,
through and ever Easervnt 'T -1-A' (10.00 feet ride) for
overhead line purposes affecting Lot 3 of File Plat: 1172
ani Lot 5 of Tile Plan 1378 and belag more particularly
desc1lbed as follovs:
EASEKENT 'T -1-A' for overhead lite purposes,
ten (10.00) feet tide, situated on the Southwesterly side
Of Pon Bells Road at Naikoloa, District of South Kohala•
island and County of Revell# State of Bavaii, being
portions of Lot 5 of the *6AIKDL0A RE 1.50 Unit 1', File
Plan 1378, and Lot 3 of the 'YAIKOLOA DEIELOPFEW, File
Pleo 1172, and extending five (S.00) feet an each side of
the follovibo described centerline:
Beginning at the Northerly end of this easement
on the Southwesterly side of Pou Pella Ioad, the true
azimuth and distance fro■ the Northvesterly ecrter of Lot 4
Of 'iAIKOLOA 8E 1.5, UXIT 1' (File Plan 1375) belt; 144•
03' 36' 35.40 feet and running by azimuths measured
clockwise from true South:
1.
21•
S2' $00
709.74
feed
2.
111•
10'
162.50
feet=
3.
24•
SO'
266.87
feets
a.
109•
10'
301.00
feet;
5.
12D•
00'
261.00
feed
S.
3a'
1G'
976. OC
feet;
Page 23 of 37
7•
240
30'
254.00
feats
B.
3530
25'
263.00
feats
A.
3160
30'
1.21D.00
feet;
ID. 249' OD' 301.00 feet to the Vast boundary o:
Isdio Station Eeseeent
'RS -1' and containing an
area o: 07,271 spoare feet.
11. Grant of easement in favor of Hawaii Electric Light
Company, Inc. dated Ah p�3 , 1985 recorded in
Liber R1!Hj at Page (,g'7, granting a perpetual nonexclusive
easement for electri'cal utility purposes over and across
Easement E-7 as shown on File Plan No. 1172.
Page 24 of 37
PARCEL THIRD:
All of that certain parcel of land situate at
Waikoloa, District of South Kohala, Island and County of
Hawaii, State of Hawaii, being Lot 5 of the "WAIKOLOA
DEVELOPMENT", as shown on File Plan No. 1172, filed in the
Bureau of Conveyances of the State of Hawaii, and
containing an area of 4907.894 acres, more or less.
BEING A PORTION OF THE PREMISES DESCRIBED IN DEED
GRANTOR FIRST HAWAIIAN BANK, a Hawaii
corporation, Trustee under
unrecorded Trust Agreement dated
December 12, 1968, between it,
Richard Smart and Boise Cascade
Home i Land Corporation, as amended
GRANTEE TRANSCONTINENTAL DEVELOPMENT CO., a
Texas partnership
DATED September 9, 1985
RECORDED Liber 19013 Page 178
in the Office of the Registrar of
Conveyances at Honolulu
Page 25 of 37
EXCEPTING AND RESERVING unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
roadway and utility purposes over and across
Easements C, E and F as described below, together
with a right and easement to grade, pave,
construct, maintain, operate, and repair said
easements and together with such rights of way
for ingress and egress as shall be reasonably
necessary in connection therewith:
(60.00 FEET WIDE)
•:• •• • Pz • 1-5 •GIX
I• �' ]I• • � 1 IA 71'I L • �• '1 •
LUT 1 CF WAIKOU)A RANM LOTS, SECTION C (FILE PIAN 1280)
AMID LUT 10 CF MUKOLOA RANCH LUIS, SECTION B (FILE PLAN 1139)
AT WAIKOLOA, SOUTH KOHALA, ISLAM CF H WAII, R WAII
BEING A PCBMON CF ROYAL PATENT 5671,
LAND CCr+U SSION AWARD 8521 9, APANA 1 TO G. D. HUED
BEING ALSO A PomoN OF LOT 5 CF WAIKoLx A DEmnpmr (FILE PIAN 1172)
Beginning at a pipe in ahu at the Northeast corner of this parcel of land,
being also the Northeasterly corner of Lot 5 of Waikolca Development (File Plan 1172)
and the Northwesterly corner of Lot 10 of Waikoloa Ranch Lots, Section B (File Plan
1139), the coordinates of which referred to Government Survey Triangulation Station 'PW
Page 26 of 37
HINAI' being 13,906.56 feet North and 18,148.46 feet Fast and running by azimuths
measured clockwise from true South:
Along Lot 10 of Waikoloa Ranch
Lots, Section B (File Plan 1139),
on a curve to the left with a
radius of 1,400.00 feet, the chord
azimuth and distance being:
1. 17' 12' 20" 426.91 feet, thence;
2. Be 26' 08" 654.16 feet along Lot 10 of Waikoloa Ranch
Lots, Section B (File Plan 1139);
thence along Lot 10 of Waikoloa
Ranch Lots, Section B (File Plan
1139), on a curve to the right
with a radius of 1,000.00 feet,
the chord azimut': and distance
being:
3. 18' 41' 43" 356.22 feet, thence;
4. 28' 57' 18" 11146.41 feet along Lot 10 of Waikolos Ranch
Lots, Section B (File Plan 1139);
thence along Lot 10 of Waikoloa
Ranch Lots, Section B (File Plan
1139), on a curve to the left with
a radius of 1,400.00 feet, the
chord azimuth and distance being:
S. 20' 54' 50.5" 391.67 feet, thence;
6. 12' 52' 23" 10056.24 feet along Lot 10 of Waikoloa Ranch
Lots, Section B (File Plan 1139)
to a pipe in ahu;
thence along Iot 1 of Waikoloa
Ranch Lots, Section C (File Plan
1280)1 on a curve to the right
with a radius of 1,000.00 feet,
the chord azimuth and distance
being:
7. 26' 16' 28.5" 463.55 feet, thence;
B. 39' 40' 34" 308.87 feet along Int 1 of Waikoloa Ranch
Lots, Section C (File Plan 1280);
Page 27 of 37
9. 104" 58' 48" 87.56 feet along Lot 6 of Waikoloa
Development (File Plan 1172);
thence along remainder of Lot 5 of
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
10. 2180 58' 04.5" 36.59 feet, thence;
11. 2190 40' 34" 308.87 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
1172);
thence -along remainder of Lot 5 of
Waikoloa Development (File Plan
1172), on a curve to the left with
a radius of 920.00 feet, the chord
azimuth and distance being:
12. 206" 16' 28.5" 426.46 feet, thence;
13. 192" 52' 23" 1,056.24 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
1172);
thence along remainder of lot 5 of
Waikoloa Development (File Plan
1172), on a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
14. 200" 54' 50.5" 414.05 feet, thence;
15. 2080 57' 18" 1,146.41 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
1172);
thence along remainder of Lot 5 of
Waikolon Development (File Plan
1172), on a curve to the left with
a radius of 920.00 feete the chord
azimuth and distance being:
16. 198" 41' 43" 327.72 feet, thence;
17. 188" 26' 08" 654.16 feet along remainder of let 5 of
Waikoloa Development (File Plan
3-172);
thence along remainder of Lot 5 of
Waikoloa Development (File Plan
1172), an a curve to the right
with a radius of 1,480.00 feet,
the chord azimuth and distance
being:
Page 28 of 37
18. 19T 98' 50" 448.33 feet, thence;
19. 293" 49' 10" 80.05 feet along remainder of R. P. 5671, L.
C. Aw. 8521-B, Ap. 1 to G. D. Aueu
to the point of beginning and
containing an area of 8.853 acres.
(75.00 FEEL' WIM)
LAND SI'1RATED AT WAIKMOAr SOOM K AIA, IMAM OF MHUI, BAWAII
BEING A PORTICN CF LOYAL PA72M 56711
LAND COWISSION AWAM 8521-B, APANA 1 70 G. D. M=
BEING ALSO A POFMCN CF IAT 5 Cr WAIR03AA DEVIIAPA>EN (FILE PLAN 1172)
Beginning at the North corner of this parcel of land, on the Easterly boundary
of Lot 5 of Waikoloa Development (File Plan 1172), the direct azimuth and distance from
a pipe in concrete marked "W-7" being 3580 20' 443.71 feet, the coordinates of said
point of beginning of which referred to Government Survey Triangulation Station "PW
Ramis berg 25,083.31 feet North and 2,254.91 feet Fast and running by azimuths
measured clockwise from true South:
1. 358" 20' 616.33 feet along remainder of R. P. 5671, L.
C. Aw. 8521-B, Ap. 1 to G. D. Aueu;
2. 1010 30' 77.02 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
3-172);
3. 1780 20' 389.54 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
1172) ;
4. 198° 03' 09" 222.28 feet along remainder of Lot 5 of
Waikoloa Development (File Plan
1172) to the point of beginning
and containing an area of 0.866
acre.
Paoe 29 of 37
�tia ia�l��
IAND SPTLMTED AT WAIKMOA, SOU'Ifi KOMIA, ISLAND OF HAWAII, HAWAII
BEING A PORTION CP FM -AL PATENT 5671,
LAND WtUSSION AWARD 8521-B, APANA 1 TO G. D. ERM7
BEING ALSO A PORTION OF IAT 5 OF WAIROIAA DEVELOPNIQdT (FILE PLAN 3.172)
BEING AN EASL%= EIGHTY (80.00) PEST WIDE
EXTENDING FCFTY (40.00) FENT CN EACH SITE
•. � � • • . a Y' ap. ri 01"� �
Beginning at the Southerly end of this easement an the Southerly boundary of
Lot 5 of Waikoloa Development (File Plan 3172), the coordinates of which referred to
Government Survey Triangulation Station "PW HINAI" being 238759.91 feet North and
21317.59 feet West and running by azimuths measured clockwise from true South:
Along a curve to the left with a
radius of 3,500.00 feet, the chord
azimuth and distance being:
1.
1940
41' 11.5"
663.20
feet, thence;
2.
1890
15'
2,900.00
feet;
thence along a curve to the left
with a radius of 2,000.00 feet,
the chord azimuth and distance
being:
3. 1830 15' 418.11 feet, thence;
Page 30 of 37
4. 1770 15' 1,020.95 feet to the Northerly boundary of iot 5
of Waikoloa Development (File Plan
1172) being also the boundary line
between the lands of Waikoloa and
ialamilo and containing an area of
9.190 acres.
Page 31 of 37
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
electrical, telephone and other utility purposes
over and across those portions of Easement E-4
which affect Lot 5, as shown on File Plan
No. 1172.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
electrical substation purposes over and across
Easement E-5, as shown on File Plan No. 1172.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
electrical, telephone and other utility purposes
over and across Easement E-6, as shown on File
Plan No. 1172.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
roadway purposes over and across Easement R-3, as
shown on File Plan No. 1172, together with a
right and easement to grade, pave, construct,
maintain, operate, and repair said easement and
together with such rights of way for ingress and
egress as shall be reasonably necessary in
connection therewith.
EXCEPTING AND RESERVING also unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, a non-exclusive easement for
cable television and other utility purposes over
and across Easement TV -1, as shown on File Plan
No. 1172.
EXCEPTING AND RESERVING also, unto
TRANSCONTINENTAL DEVELOPMENT CO., its successors
and assigns forever, all rights to underground
water under or appurtenant to the granted
premises, together with the right to enter upon
the granted premises to drill for and remove said
water from the granted premises, with the right
to assign and transfer said rights to the State
of Hawaii, County?-pf Hawaii, Department of Water
Supply or any public or private utility or other
corporation.
Page 32 of 37
SUBJECT, HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of
all mineral and metallic mines.
2. Easement •U-2' (20 feet ride) for utility
Purposes, sm shorn on File Plan Yc. 1172.
3. Groot in favor of Yaikoloa Yater co., Iac.,
dated Decesber 20, 1971, retorted In Libor
13376 at fags sat, as amended by instrument doted February
4, 1981, recorded in Liber 15498 at Page 1031 oramtiag s
perpetual tonexclusive easement for water lines and water
service coanectsd with its operation as a water public
utility, etc., over and across said Easesout �0-20.
4. resonant 07-1' (area 91.927 acres) for water
well and reservoir purposes, as shown on File
Plan No. 1172.
5. Grant is favor of Yaikoloa Yater cc., Inc. and
Yaikoloa Resort Utilities, Inc., dated November
I, 1990, recorded in Liber 15698 at Page illi graptiag a
perpetual non-exclusive easesent to enter span and woe the
well field within said rasesent 'Y-10 solely for the
purposes of the operation, saintenanee and woe of the
exietioa wells for water purposes, and the a nlorstion,
drilling, construction, operation, maintenance ar.d sea of
463itioaal wells for water purposes.
6. Easement •-s-Y-1' (50 feet wide, area 11.725
acres) for elt trical, telephone std water line
purposes, as shown on File plan No, 1172,
7. Grant in favor of Yaikoloa Yater Co., Inc.,
dated Deceaber 20, 197e, recorded In Liber
13374 at fage 441, as asehded by instrument dated February
4, 1961, recorded in Libor 15498 at Page 1031 granting a
pe:petual nonexclusive easesent for water lines and water
service eonnoctsd with its operation as a water po:lic
utility, etc., over and across said casement •E -Y -t•.
S. rasesont 'E-4' (75 feet wide, area 19.008
acres) for electrical and telephone purposes,
as shown on File Plan No. 1172.
Page 33 of 37
9. Easement '£-s' (area 0.044 sere) for electricel
Substation purposes, as shorn on File Flan No.
1172.
10. Easement 'E-6' (75 feet rite, area 76.S78
acres) for electrical and telephone purposes,
as shorn or. File Plan No. 1172.
11. Casement 'S-2' fare& 15.772 acres) for serape
treatment plant Purposes, as shorn om File Plan
F.O. 1172.
12. Easement 'S-1' 175 feet wide, area 0.281 acre)
for sanitary sever purposes, as Thorn on File
Plan Bo. 1172.
13. Easement 'E-7' (75 feet ride) for electrical
sad telephone purposes, as shove an File Plan
Poe 1172.
14. Easement 'N-3' (50 feet vide, area 1,729 acres)
for roadway purposes, an shorn on File Plan No.
1172.
15. Easement '?Y-1' (area 3.0 acres) for CAlY
purposes, as shown on File Plan No. 1172.
16. Creat in favor of Navail riectric liobt
Company, Inc., dated April 27, 1976, recorded
in Liber 11Y11 at ?ago 1356 granting a perpetual right and
easement to construct, reconstruct, operate, maintain and
ro,pair pole and vire lines, etc., for the trarsaission an!
Aistribution of electricity over, epos, across and through
Easement '3' affectibc Lot S• besides other land, and being
more particularly described as follows#
All of that certain parcel of land (rortion of
the land describes in and covered by Royal Patent Bomber
$671, Lani Commission Award Number IS21-B, spans 1 to C. D.
Naso) situate, lying and being at Yaikoloa, District of
Booth Xohaie, Island and County of Hawaii, State of Newall,
being tASEVEN? '3', sent being a portion of lot s of the
'WAIXDLDA DEYELOPIEN7', File Plan 1172, and described as
follows#
Page 34 of 37
Doing a strip of lana one hanarea (1D0.00) toot
vi"e and extending fifty (S0.0D) feat on either side of the
following described ceatorlinet
$*ginning on the eenterllno, at the forth and
of this oesesant, on the South boundary of the Coverament
Land of Islaollo, the coordinates of said point of
be;inniag referred to Covernsent Survey Triangulation
Station 'P77 KINA1' being 29,703.SD feet North end 2048.23
fort rest, and running by atisuths measures Clockviee grog
trap tooths
1. D• 14' 202.5e teat along stenevall, along
sonainder of t. f. 5671, L.
C. Ave •521-8, Apans 1 to
C. D. Mugu;
y. 7' 25 212.05 foot along stcnevail, along
regaiader of B. F. 5671, L.
Co Av. 8521-1, Aran& 1 to
C. D. "sea)
). D' 26' 20' 2,216.34 feet along stcnevsll, &long
reaainSer of F. F. 5671, L.
C. Av. 8521-b, A=ata 1 to
G. D. Mucus
a. 356• 42' 30' 1,SSD.23 feet along stcnevall, along
reaainSer of F. F. 5671, L.
C. Av. 8521-B, A,ate 1 to
C. D. 8ueus
Be 35!' 20' 434.31 feet along stcnevail, along
remainder of A. P. 5671, L.
C. Av. 6S21 -P, Apana 1 to
C. D. Hueot
6. 1s' C3' 09' 11,423.8B toot along stcr.evall, &long
resaimler of F. F. 5671, L.
C. Av. 8521-E, Apara 1 to
C. D. Auen, to the North
boun3ary of Let 6 of the
'vaikoloa Development'
(File Flan 1172) and
containing an area of
36.826 acres.
Page 35 of 37
17. Grant in favor of Hawaii Electric Light
Company, Inc., dated August 24, 1979,
recorded in Liber 13956 at Page 491; granting a perpetual
nonexclusive right and easement of access, and for
electric utility purposes over Easement "U-3", containing
an area of 17.272 acres, affecting Lot 5, besides other
land, and being more particularly described therein.
18. Grant dated July 23, 1981, recorded in Liber
15763 at Page 786, by Atpac Land Co., a
Texas partnership qualified to do business in the State of
Hawaii, to Hawaii Electric Light Company, Inc., as amended
by Amendment of Grant of Easement dated February 20, 1987,
recorded in Liber 20779 at Page 488; granting a perpetual
right and easement to construct, reconstruct, rebuild,
repair, maintain and operate pole and wire lines and/or
underground lines, etc., over, under, upon, across and
through portions of Lot 5.
19. Grant in favor of Waikoloa Sanitary Sewer
Co., Inc., dated A6y+ kee "Cx,. 31, 1985 ,
recorded in Liber ."t1441 at Page (0 3 ; granting a
perpetual non-exclusive easement for sanitary sewer pur-
poses over and across Easement S-1 as shown on File Plan
No. 1172 for sewage treatment plant purposes over and
across Easement S-2 as shown on File Plan No. 1172, and
for roadway and utility purposes over and across Easement
R-4 and Easement G, all as more particularly described in
said grant.
20. Grant in favor of Waikoloa Water Co., Inc.,
and Waikoloa Resort Utilities, Inc., dated
as os PXW4+,bW31, 1985 , recorded in Liber 'ai441 at Page
(.'111 ; granting a perpetual non-exclusive easement for
roadway and utility purposes over and across Easement D,
as more particularly described in said grant.
21. Grant in favor of Hawaii Electric Light Company, Inc.,
and Hawaiian Telephone Company, dated NSef.31, 1985
recorded in Liber Qi44 l at Page (08- ; granting a
perpetual nonexclusive easement for electrical utility
purposes over and across those portions of Easement E-6
and E-7 affecting Lot 5, as shown in File Plan No. 1172.
22. Grant in favor of Hawaii Electric Light
Company, Inc., dated, 5of .Dee *,btf 31, 1985 ,
recorded in Liber -R144 1 at Page (0310 granting a
perpetual nonexclusive easement for electrical substation
purposes over and across Easement E-5 affecting Lot 5, as
Page 36 of 37
shown on File Plan No. 1172, and as more particularly
described in said grant.
23. Grant of Easement in favor of Hawaii Electric
Company, Inc. and Hawaiian_ Telephone Company, dated
45 c+ l�cemlbar 31, 1987, recorded in Liber A 144 -7 at Page
X03 s granting a perpetual nonexclusive easement for
access and utility purposes over and across Easement 'E
affecting Lot 5 as shown on File Plan No. 1172, and alis
more particularly described in said grant.
Page 37 of 37
Light
Stephen K. Yamashiro
Mayer
June 17, 1997
c'. t tnr;s S
PLANNING DEPARTMENT
25 Aupunl Sear, Roan 109 • Hilo, Hawaii %720.4252
(BOB) 9614288 • Fax (808) %1•%15
Mr. Ken Melrose
Vice President/General Manager
West Hawaii Utilities
150 Waikoloa Beach Drive
Waikoloa, Hawaii 96738
Dear Mr. Melrose:
PLAN APPROVAL APPLIED FOR:
Waikoloa Sanitary Sewer Co., Inc.
Utility Baseyard
Tax Map Key- 6-R-002• Por of 33
Virginia Goldstein
Director
Norman Olesen
Dcpwy DMecter
'
261997 ;
We have reviewed and approved the plans for the subject improvements for FINAL PLAN
APPROVAL. Enclosed is a copy of FINAL PLAN APPROVAL SHEET dated June 17, 1997
your file.
Conditions of approval have been included as part of the FINAL PLAN APPROVAL for the
subject improvements. They are listed on page 2 of this document. For your information,
these items need to be completed and installed prior to the issuance of any certificate of
occupancy for the subject improvements. n ( 0,—
Should you have any questions, please feel welcome to contact Royden Yamasato of my staff
at 327-3510.
alit
c nnl. wrr • ��r r\nmr•r♦
SSO:Ild
a\68002033\whutiLs.1tr
Enclosure
xc: West Hawaii Office
COUNTY PLANNING DEPARTMENT
Applicant: West Hawaii Utilities
Date: June 17, 1997
Tax Map Key: 6-8-002: Portion of 33 I Location: Waikoloa, South Kohala
Use:
Zone: Open
Baseyard
Parcel Area: 3.0 Acres
Ac
Front Yard
Chnwn nn Plan
As per plan
Comments
OK
Rear Yard
As per plan
OK
Side Yard
As per plan
OK
Side Yard
As per plan
OK
Ht. of Structure
As per plan
OK
Access to parking
Via Waikoloa Road
OK
Off -Street Parldng
Existing
OK No additional parking required
for Utility Ba.,;ayard
Loading and
Unloading space
Density
Fencinpi Material
Height
Location
Landscaping
As per plan
OK
Date JnPn 17 1997
PD 09/85 (7321A/9A)