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Home My WebLink AboutORD 1996-117 1994-1996 COUNTY OF' HAWAII STATE OF HAWAII FILL NO. 316 (Draft 5) ORDINANCE NO. ~3--~ AN ORDINANCE AMENDING SECTION 25-95A (NORTH AND SOUTH KOHALA DISTRICTS ZONE MAP) AND SECTION 25-95E {LALAMILO-PUUKAPU ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, AND ORDINANCE NO. 92-65 BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-40a) AND (A-3a); SINGLE FAMILY RESIDENTIAL (RS-7.5), (RS-10), (RS-15) AND (RS-20); DOUBLE FAMILY RESIDENTIAL (RD-5); MULTIPLE FAMILY RESIDENTIAL (RM-2) AND (RM-3); VILLAGE COMMERCIAL (CV-7.5); AND LIMITED INDUSTRIAL (ML-20) TO AGRICULTURAL (A-40a), RESIDENTIAL AND AGRICULTURAL (RA-la), SINGLE FAMILY RESIDENTIAL (RS-7.5) AND (RS-10); MULTIPLE FAMILY RESIDENTIAL (RM-5.0); VILLAGE COMMERCIAL (CV-7.5); AND LIMITED INDUSTRIAL (ML-20) AT OULI, LANIKEPU, LALAMILO, WAIKOLOA AND PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY 6-2-01:9; 6-7-Ol:PORTION OF 25; 6-7-02:9, 48, AND PORTION OF 17; AND 6-8-O1:PORTIONS OF 1 AND 8. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 92-65 is amended as follows: "SECTION 1. Section 25-95A, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, [isJ and Ordinance No. 92-65 are amended to change the district classification of properties described hereinafter as follows: [WAIM,~A TOWN CENTER ,AREA The district classification of the following area situated at Waikoloa, Waimea, South Kohala, Hawaii, shall be Multiple Family Residential (RM-3): PARCEL 2: Beginning at the North corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 632.48 feet South and 1 546.99 feet West, thence running by azimuths measured clockwise from True South: 1. 322° 1 S' 47" 354.42 feet along Waimea School Lot (Governor's Executive Order 2040); 2. S2° 17' 38" 378.00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 3. 60° 00` 369.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4. 140° 37' 1 SS.OS feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; S. 123° 43' 150.06 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6. 225° 12` 38" 62.52 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu and Lot 22 of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 7. 232° 17' 38" 733.78 feet along Lots 22, 21, 20, 19, 18, 17, 16 and 1 S of Kaomoloa Subdivision, Increment 2 (File Plan 1683) to the point of beginning and containing an Area of 5.947 Acres, more or less. (Refer to Parcel 2 as shown on Exhibit "A The district classification of the following area situated at Waikoloa, Puukapu and Lalamilo, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-10): PARCEL 3: Beginning at the Northwest corner of this parcel of land, being also, the West corner of Lot 1 of Ainakokua Subdivision -Unit "A"and on the Southeasterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 2, 281.98 feet South and 17, SI1.72 feet West, thence running by azimuths measured clockwise from True South; I. 321 ° 06' 38" 154.60 feet along Lot 1 of Ainakokua Subdivision -Unit „A 2. 226° 16' 38" 121.60 feet along Lot 1 ofAinakokua Subdivision -Unit „A -2- 3. 226° 35' 220.00 .feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4. 222° 49' 916.62 feet along the remainder of R. P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; S. 225° 12' 38" 524.30 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6. 303° 43' 150.06 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 7. 320° 37' I SS.OS feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 8. 240° 00' 369.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 9. 232° 17' 38" 378.00 feet along the remainder of R.P. 5671, L. C Aw. 8521-8, Apana 1 to G.D. Hueu; 10. 142° 1 S' 47" 354.42 feet along Waimea School Lot, along Governor's Executive Order 2040; 11. 240° 13' 688.89 feet along the remainder of Waimea School Lot, along the remainders of Governor's Executive Orders 2040 and 1957; 12. 325° 26' 47" 101.15 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 13. 250° OS' 47" 160.12 feet along the remainder of R.P. 5671, L. C Aw. 8521-B, Apana 1 to G.D. Hueu; 14. Thence along the remainder of R. P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 800.00 feet, the chord azimuth and distance being: 340° 24' 28" 262.03 feet; 1 S. 349° SO' 140.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16. Thence along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G. D Commission to Richard Smart dated July 7, 1956 -3- and recorded in Liber 3138, Page 426, on a curve to the left with a radius of 800. DO feet, Phe chord azimuth and distance being: 326° 00' 646.52 feet; 17. 302° 10' 74.30 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 18. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, on a curve to the right with a radius of 500.00 feet, the chord azimuth and distance being.• 335° 10' 544.64 feet; 19. 8° 10' X07.54 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated Julv 7. 196 and recorded in Liber 3138, Page 426; 20. Thence along the remainder of Deed: Hawaiian Homes Commission to .Richard Smart dated July 7, 196 and recorded in Liber 3138, Page 426, on a curve to the left with u radius of 800.00 feet, the chord azimuth and distance being: 359° 17' 247.08 feet; 21. 71 ° 2.5' 364.00 feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 22. 88° 10' 230.00 feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 23. 120° 4S' 695.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 24. 173° 10` 14.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 and R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; ?3. I5~° 00' IS4.00 •feet along the remainder of R.P. X671, L. C. Aw. 8~ 21-B, Apana 1 to G.D. Hueu; -4- 26. 65 ° 40' ~ 98.00 feet along the remainder of R.P. ~ 671, L. C. A w. 8521-B, Apana 1 to G.D. Huear; 27. 320° 1 S' 184.00 feet along the remainder of R.P. ~ 671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 28. 64° 10' 650.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 29. 353 ° 05' ~ 03.34 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 30. 96° 02' 1,354.18 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 31. 246° 36' 1, 001.84 feet along Lalamilo Reservoir Site and Roadway (Governor's Executive Order 1965); 32. 143 ° 36' 500.82 feet along Lalamilo Reservoir Site and Roadway (Governor's Executive Order 1965); 33. 53 ° 36' 312.00 feet along Lalamilo Reservoir Site and Roadway (Governor's Executive Order 1965); 34. 323 ° 36' 398.00 feet along Lalamilo Reservoir Site and Roadway (Governor's Executive Order 1965); 35. 66° 36' 727.87 feet along Lalamilo Reservoir Site and Roadway (Governor's Executive Order 1965); 36. 96° 02' 34..55 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 37. 186° 01' 38" .547 feet, more or less, along the Easterly side of Mamalahoa Highway; 38. 211 ° 38' 38" 23.5 feet, more or less, along the Southeasterly side of Mamalahoa Highway to the point of beginning and containing an Area of 113.08 Acres, more or less. (Refer to Parcel 3 as shown on Exhibit "A The district classification of the following area situated at Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-15): -5- PARCEL 4: Beginning at the East corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 3, 001.37 feet South and 13, 794.31 feet West, thence running by azimuths measured clockwise from True South: 1. ~2° 25' 38.91 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79); 2. 142° 25' 2S. 00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 196 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79); 3. ~2° 2~' 46.00 .feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 196 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Raad (Proj. 11'0. 19-E-01-79); 4. 322° 25' 20.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79); 52° 2~' 18~. 00 feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79),- 6. 322 ° 25' 00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 196 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Halvah Belt Road (Proj. No. 19-E-01-79); -6- 7. 52° 25' 182. S8 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 19.56 and recorded in Liber 3138, Page -126, along the Northwesterly side of the proposed Hawaii Belt Road (Prof. No. 19-E-01-79); 8. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 19.56 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79), on a curve to the right with a radius of 7, 935.00 feet, the chord azimuth and distance being: 54° 16' 10" ~13.IOfeet; 9. 146° 07' 20" 00 feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79); 10. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 19.56 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79), on a curve to the right with a radius of 7, 930.00 feet, the chord azimuth and distance being: 57° 22' 32" 346.91 feet; 11. 148° 37' 44" 10.00 feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79); 12. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79), on a curve to the right with a radius of 7, 920.00 feet, the chord azimuth and distance being: 60° 37' 44.7" .552.86 feet; 13. 166° 21 ' 08" 1, 070.46 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, -7- 1956 and recorded in Liber 3138, Page 426 and R.P. 5671, L. C. Aw. 8521-B Apana 1 to G.D. Hueu; 14. 156° 35' 30.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana I to G.D. Hueu; 1 96° 02' 304.37 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 16. 173 ° OS' 503.34 feet along- the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 17. 244° 10' 650.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 18. 140° 1 S' 184.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu,- 19. 24s° 40' 598.00 feet along the remainder of R.P. 5671, L. C. Ai+~. 8521-B, Apana 1 to G.D. Hueu,- 20. 335° 00' 1 X4.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 21. 3~3° 10' 145.00 feet along the remainders of R.P. X671, L.C. Aw. 8521-8, Apana 1 to G.D. Hueu and Deed: Hawaiian Homes Commission to Richard Smart dated Judy 7, 1956 and recorded in Liber 3138, Page 426; 22. 300° 45' 695.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 23. 268° 10' 230.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 24. 251 ° 2~' 364.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 196 arad recorded in Liber 3138, Page 426; -8- 25. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, on a curve to the left with a radius of 800.00 feet, the chord azimuth and distance being: 336° 24' 30" 386.85 feet,- 26. 322° 25' 156.26 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 to the point of beginning and containing an Area of 65.761 Acres, more or less. (Refer to Parcel 4 as shown on Exhibit "A The district classification- of the following area situated at Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, shall be Village Commercial (CV-7.5): PARCEL Beginning at the South corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 1, 467.56 feet South and 14, 029.02 feet West, thence running by azimuths measured clockwise from True South: 1. Along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being.• 137° 04' 257.13 feet; 2. 122° 10' 74.30 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 3. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 and R.P. ~ 671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu, on a curve to the right with a radius of 800.00 feet, the chord azimuth and distance being: 146° 00' 646.52 feet; 4. 169° 50' 140.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; -9- 5. Thence along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu, on a curve to the left with a radius of 800.00 feet, the chord azimuth and distance being: 160° 24' 28" 262.03 feet; 6. 250° OS' 47" 42.42 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7. 333° 06' 37" 209.24 feet along the remainder of R.P. 5671, L. C. Aw. 821-B, Apana 1 to G.D. Hueu; 8. 229° 18' 47" 309.18 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 9. 139° 18' 47" 104.80 feet along the remainder of R.P. 5671, L. C. Aw. 821-B, Apana 1 to G.D. Hueu; 10. 250° 0~' 47" 468.8 feet along the remainder of R.P. 5671, L. C. Aw. 8~ 21-B, Apana 1 to G.D. Hueu; I1. 20~ ° 39' S0" 99.89 feet along R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 12. 205° 48' 47" 18.11 feet along R.P. X671, L. C. Aw. 821-B, Apana 1 to G.D. Hueu; 13. 219° 52' 17" 147.30 feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 14. 331 ° 48' 47" 180.00 feet along L.C. Aw. 4037 to A.D. Allen; 1 259° 30' 47" 416.00 feet along L. C. Aw. 4037 to A.D. Allen,- 16. 159° 00' 47" 136.00 feet along L. C. Aw. 4037 to A. D. Allen; 17. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 and Deed: Kamehameha IV to C.R. Bishop dated Alarch 5, 1861 and recorded in Liber 14, Page 264, on a curve to the right with a radius of SOO.OU feet, the chord azimuth and distance being: 298° 09' 1.1. S" 823.88 feet; -10- 18. 329° 08' 47" 621.77 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 196 and recorded in Liber 3138, Page =126; 19. 6~ ° 32' 1, 829. ~9 feet along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 19~ 6 and recorded in Liber 3138, Page 426, Grant 5977 to Ella Duncan and L. C. Aw. 3682 to Mahu to the point of beginning and containing an Area of X3.900 Acres, more or less. (Refer to Parcel s as shown on Ezhibit "A The district classifrcation of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Double Family Residential (RD-~): PARCEL 6: Beginning at the East corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 2,149.08 feet South and 12,462.9 feet West, thence running by azimuths measured clockwise from True South: 1. Along the remainder of Deed: Hawaiian Homes Commission to Richard Smartdated July 7, 1956 and recorded in Liber 3138, Page 426 along the Northwesterly side of the proposed Hawaii Belt Road (Prof. rVo. 19-E-01-79), on a curve to the left with a radius of 8, 080.00 feet, the chord azimuth and distance being: 62° 25' 48" 311.17 feet; 2. 331 ° 19' 36" 1 00 feet along the remainder of Deed.' Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79); 3. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard-Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79), on a curve to the left with a radius of 8, 065.00 feet, the chord azimuth and distance being: 60° 23' 18" 264.1 ~ feet; -11- _ _ _ 4. 168° 25' 248.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 213° 0~' 145.12 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 6. 163 ° .SO' 322.94 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 7. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138; Page 426, on a curve to the left with a radius of 1, 000.00 feet, the chord azimuth and distance being: 260° 09' 11 " 342.03 feet; 8. 333 ° 32' 497.66 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 to the point of beginning and containing an Area of S. 610 Acres, more or less. (Refer to Parcel 6 as show~t on Exhibit "A The district classifrcation of the following area situated at Puukapu, Waimea, South 1,'ohala, Hawaii, shall be Single Family Residential (RS-10): PARCEL 7.• Beginning at the South corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 2,149.08 feet South and 12, 462.95 feet West, thence running by azimuths measured clockwise from True South: 1. 153 ° 32' 497.66 feet along the remainder of Deed.' Hawaiian Homes Commission to Richard Smart dated Jule 7, ]956 and recorded in Liber 3138, Page 426; 2. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, on a curve to the left with a radius of 1, 000.00 feet, the chord azimuth and distance being: 247° 24' 11 " 101.29 feet; -12- 3. 244° 30' 138.9.5 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 4. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated-July 7, 19.56 and recorded in Liber 3138, Page 426, on a curve to the left with a radius of 500.00 feet, the chord azimuth and distance being: 196° 49' 23. S" 739.36 feet; .5. 149° 08' 47" 48.5.26 feet along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 6. 2~9° 4.5' 754.3.5 feet along the remainder ofDeed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 7. 329° 08' 47" 1, 468.80 feet along Hawaiian Homes Land; 8. Thence along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Prof. No. 19-E-01-79),on a curve- to the left with a radius of 8, 065.00 feet, the chord azimuth and distance being: 73° 19' 45.8" 354.52 feet; 9. 162° 04' 12" 25.00 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79); 10. Thence along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page-426, along the Northwesterly side of the proposed Hawaii Belt Road (Proj. No. 19-E-01-79), on a curve to the left with a radius of 8, 090.00 feet, the chord azimuth and distance being.• 70° 27' 30" 455.07 feet; 11. 338° 50' 48" 10.00 feet along the remainder of Deed.' Hawaiian Homes Commission to Richard Smart dated Judy 7, -13- 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Prof. No. 19-E-01-79); I2. Thence along the remainder of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, along the Northwesterly side of the proposed Hawaii Belt Road (Prof. No. 19-E-01-79), on a curve to the left with a radf us of 8, 080.00 feet, the chord azimuth and distance being: 66° 11 ' 24" 749:03 feet to the point of beginning and containing an Area of 35.132 Acres, more or less. (Refer to Parcel 7 as shown on Exhibit "A The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Multiple Family Residential (RM-2): PARCEL 8: Beginning at the 11TOrtheast corner of this parcel of land, on the Southwesterly side of Kamamalu Street (Maertens Road), the coordinates of said point of beginning referred to Government Survey Triangulaeion Station "WAIMEA EAST BASE" being 983.76 feet North and I Z, 250.40 feet West, thence running by azimuths measured clockwise from True South: 1. S9° 07' 125. DO feet along the Hawaii Electric Light Co., Inc. Sub-Station, along the remainder of Grant 5973 to Charles Baker; 2. 329° 07' 100.00 feet along the Hawaii Electric Light Co., Inc. Sub-Station, along the remainder of Grant 5973 to Charles Baker; 3. 74° 44' 120.21 feet along Hawaiian Homes Land; 4. 7S° 3S' 19.80 feet along Hawaiian Homes Land; S. 329° 08' 47" 1, 332.00 feet along Hawaiian Homes Land; 6. 79° 45' 754.35 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; -14- 7. 149° 08' 47" 3.54.69 feet along the remainder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 8. Thence along the remainders of Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426 and Deed: Kamehameha IV to C.R. Bishop dated March 1861 and recorded in Liber 14, Page 264, on a curve to the left with a radius of 800.00 feet, the chord azimuth and distance being: 118° 09' 14: ~ " 823.88 feet; 9. 1.59° 00' 47" 291.26 feet along L. C. Aw. 4037 to A. D. Allen; 10. 70° 30' 47" 280.2.5 feet along L. C. Aw. 4037 to A. D. Allen; 11. 68° 28' 47" 11.34 feet along L. C. Aw. 4037 to A.D. Allen; 12. 206° 00' 17" 195.50 feet along R.P..5671, L. C. Aw. 821-8, Apana 1 to G.D. Hueu; 13. 239° 43' 07" 531.53 feet along the remainders of R.P. 5671, L. C. Acv. 8521-B, Apana 1 to G.D. Hueu, Deed: Kamehameha IV to Philip Ryan and R.P. 6253, L. C. Aw. 4026 to John Thomas; 14. 135° 25' 47" 30.18 feet along R.P. 6233, L. C. Aw. 4026 to John Thomas; 1 239° 07' 47" 930.9.5 feet along the remainders of Deed.• Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426, Grant 4955 to J.T. Baker and Grant 5973 to Charles Baker and along Waimea Civic Center (Governor's Executive Order 2632); 16. 329° 07' 409 feet, more or less, along the Southwesterly side of Kamamalu Street (Maertens Road) to the point of beginning and containing an Area of 36.41 Acres, more or less. (Refer to Parcel 8 as shown on Exhibit "A -15- The district classification of the following area situated at Puukapu, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-7.5): • PARCEL 9: Beginning at the North corner of this parcel of land, the .coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 940.88 feet North and 13, 293.91 feet West, thence running by azimuths measured clockwise from True South: 1. 335° 25' 47" 121.21 feet along Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 2. 59° 43' 07" 531.53 feet along the remainders of R.P. 6253, L. C. Aw. 4026 to John Thomas, Deed: Kamehameha IV to Philip Ryan and Deed: Hawaiian Homes Commission to Richard Smart dated July 7, 1956 and recorded in Liber 3138, Page 426; 3. 206° 00' 17" 214.82 feet along the remainder of R.P. 5671, L. C. A1v. 8521-8, Apana 1 to G.D. Hueu; 4. 238° 58' 27" 105.54 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 5. 239° 43' 07" 259.43 feet along R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 1.237 Acres, more or less. (Refer to Parcel 9 as shown on Exhibit "A R LIRAL -RESIDENTIAL AREA The district classification of the following area situated at Ouli, South Kohala, Hawaii, shall be Single Family Residential (RS-15): PARCEL 1/EXHIBIT "B".• Beginning at the South~a~est corner of this parcel of land; being, also, the East corner of Lot 7 of Kamuela Yie~~~ Estates, Units 1-A and 1-B (File Plan 1620), on tJ~e Northerly s ide of Kawaihae Rocrd (FA.P. 1V R.H. 11-C), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA"being 13, 903.67 feet North and 3, 247. SS feet West, -16- thence running by azimuths measured clockwise from True South: 1. 119° 30' 616.18 feet along Lots 7,8 and 9 of Kamuela View Estates, Units 1-A and 1-B (File Plan 1620); 2. 232° 1 D' 720.37 feet along the remainder of R.P. 2237, L. C. Aw. 8~ 18-B, Apana 1 to Kanehoa; 3. 266° 40' 780.34 feet along the remainder of R.P. 2237, L. C. Aw. 8518-B, Apana 1 to Kanehoa; 4. 28~ ° SO' 306.00 feet along the remainder of R.P. 2237, L. C. Aw. 8518-B, Apana 1 to Kanehoa; 310° 30' 373.00 feet along the remainder of R.P. 2237, L. C. Aw. 8~ 18-B, Apana 1 to Kanehoa; 6. 279° 20' 121.76 feet along the remainder of R.P. 2237, L. C. Aw. 8~ 18-8, Apana 1 to Kanehoa; 7. 7° 35' X12.58 feet along the remainder of R.P. 2237, L. C. Acv. 8518-8, Apana 1 to Kanehoa; 8. 80° 37' 32.00 feet along Lot 60 of Lalamilo House Lots -Second Series; 9. 64° DO' 71.70 feet along Lot 60 of Lalamilo House Lots -Second Series; 10. ~ 7° 02' 122.2 feet along Lot 60 of Lalamilo House Lots -Second Series; I1. .58° 24' X3.50 feet along Lot 60 of Lalamilo House Lots -Second Series; 12. 3~ ° 39' 12.58 feet along Lot 60 of Lalamilo House Lots -Second Series; 13. 102° 18' 752.39 feet along the Northerly side of Kawaihae Road (F.A.P. N.R.H. 11-C); 14. Thence along the Northerly side of Kawaihae Road (F.A. P. N.R.H. 11-C), on a curve to the left with a radius of 1,940.00 feet, the chord azimuth and distance being: 95° 31' 30" 457.73 feet -17- to the point of beginning and containing an Area of 31.488 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "B The district classifrcation of the following area situated at Ouli and Lanikepu, South Kohala, Hawaii, shall be Single Family Residential (RS-20): PARCEL 2/EXHIBIT "B Beginning at the North corner of this parcel of land, on the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA "being 14, 770. Sl feet North and 129.96 feet East, thence running by azimuths measured clockwise from True South: 1. 307° 02' 164.36 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-I1-A); 2. Thence along the Southl~~esterly side of Kohala Mountain Road (F.A.P. E-11 A), on a curve to the left with a radius of 440.30,feet, the chord azimuth and distance being.• 296° 39' 30" 158.59 feet; 3. 286° 17' 440.30 feel along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11 A); 4. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the righd with a radius of 570.00 feet, the chord azimuth and distance being: 289° 42' 67.94 feet; 314° l 89.00 feet alongDeed.• State of Hawaii to Jesse E. Blackwell and Cynthia G. Blackwell dated March 24, 1975 and recorded in Liber 10554, page 92; Thence along Middle of Lanikepu Gulch, along Grant 15231 to Jesse E Blackwell and Cynthia G. Blackwell, the direct azimuth and distance between points being.• 6. 17° 33' 30" 73.87 feet; 'thence along the Middle of Lanikepu Gulch, along Grant 13706 to Richard Smart, for the next two (2) courses, the direct azimuths a~~d distances between points being: -18- 7. 29° 40' 165.60 feet; 8. 89° 10' 620.00 feet; Thence along the Middle of Lanikepu Gulch, along Grant 1 228 to Bruce A. Tegman, et al, the direct azimuths and distances between points being: 9. 50° 04' 30" 237.95 feet; 10. 70° 1 S' .571.79 feet along Grant 13, 706 to Richard Smart and Lots 50 and SI ofLalamilo House Lots -Second Series; 11. 83 ° 10' 354.45 feet along Lots SI and 52 of Lalamilo House Lots - Second Series; 12. 116° 1 131.74 feet along Lots 53 and 54 of Lalamilo House Lots - Second Series; 13. 99° 07' 148.37 feet along Lots 54 and 55 of Lalamilo House Lots - Second Series; 14. 138° 49' 43.18 feet along Lots 55 and 56 ofLalamilo House Lots - Second Series; 1.5. 108° 17' 123.55 feet along Lots ~ 6 and 57 of Lalamilo House Lots - Second Series; 16. 55° OS' 84.87 feet along Lot 57 of Lalamilo House Lots -Second Series; 17. 91 ° 02' 86.26 feet along Lots 57 and 58 ofLalamilo House Lots - Second Series; I8. 75° 52' 94.11 feet along Lot 58 ofLalamilo House Lots -Second Series; 19. 88° 34' 196.07 feet along Lots 58 and 59 ofLalamilo House Lots - Second Series; 20. 80° 37' 109.89 feet along Lot 60 of Lalamilo House Lots -Second Series; -19- 21. ]87° 35' 512.58 feet along the remainder of R.P. 2237, L. C. Aw. 8518-8, Apana 1 to Kanehoa; 22. 279° 20' 163.79 feet along the remainder of R.P. 2237, L. C. Aw. 8518-B, Apana 1 to Kanehoa; 23. 273° 00' 282.41 feet along the remainder of R.P. 2237, L. C. Aw. 8518-8, Apana 1 to Kanehoa; 24. 261 ° 30' 289.00 feet along the remainder of R.P. 2237, L. C. Aw. 8518-8, Apana 1 to Kanehoa; 2S. 269° 1 S' 97.00 feet along the remainder of R.P. 2237, L. C. Aw. 8518-8, Apana 1 to Kanehoa and Grant 1283 to Ohiaku; 26. 201 ° ~0' 439.02 feet along the remainder of Grant 1283 to Ohiaku to the point of beginning and containing an Area of 28.50 Acres, more or less. (Refer to Parcel 2 as shown on Exhibit "B".) The district classifrcation of the following area situated at Ouli and Lanikepu, Sout1~ Kohala, Hawaii, shall be Agricultural (A-3a): PARCEL 3/EXHIBIT "B": Beginning at the East corner of this parcel of land, on the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA "being 14, 770. ~ 1 feet North and 129.96 feet East, thence running by azimuths measured clockwise from True South: 1. 21 ° ~D' 439.02 feet along the remainder of Grant 1283 to Ohiaku; 2. 89° I S' 975.00 feet along the remainders of Grant 1283 to Ohiaku and R.P. 2237, L. C. Aw. 8518-8, Apana 1 to Kanehoa; 3. 81 ° 30' 289.00 feet along the remainder of R.P. 2237, L. C. Aw. 818-B, Apana 1 to Kanehoa; 4. 93° 00' 282.41 feet along the remainder of R.P. 2237, L. C. A,~~. 8~ 18-B, Apana 1 to Kanehoa; -20- 3. 99° 20' 285.3.5 feet along the remainder of R.P. 2237, L. C. Ativ. 8.718-8, Apana 1 to Kanehoa; 6. 130° 30' 373.00 feet along the remainder of R.P. 2237, L. C. Aw. 8.518-8, Apana 1 to Kanehoa; 7. 10.5° SO' 306.00 feet along the remainder of R.P. 2237, L. C. Aw. 8518-8, Apana 1 to Kanehoa; 8. 86° 40' 780.34 feet along the remainder of R.P. 2237, L. C. Aw. 8518-8, Apana 1 to Kanehoa; 9. .52° 10' 720.37 feet along the remainder of R.P. 2237, L. C. Aw. 8.518-8, Apana 1 to Kanehoa; 10. 119° 30' 329.84 feet along Lots 9, 10 and 23 of Kamuela View Estates, Units 1-A and 1-B ale Plan 1620); 11. 192° 35' 2,15.7.00 feet along the Government Land of Momoualoa: 12. 198° 34' 1,180.30 feet along the Government Land of Momoualoa: 13. 276° 02' 235.80 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 14. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to -the right with a radius of 370.00 feet, the chord azimuth and distance being: 310° 2~ ` 417.90 feet; 15. 344° 48' 16.20 feet along the Southwesterly side of l~ohala Mountain Road (F.A.P. E-11-A); Kohala Mountain Road (F.A.P. E-11 A); 16. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of > > 1.70 feet, the chord azimuth and distance being: 327° 43' 324.14 feet; 17. 310° 38' 53.5.40 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 18. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the left with a radius of 529.10 feet, the -21- chord azimuth and distance being: 287° 07' 30" 422.10 feet; 19. 263° 37' 20.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 20. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the right with a radius of 380.30 feet, the chord azimuth and distance being.• 273 ° 04' 30" 124.99 feet; 21. 309° 44' 66.70 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11 A); 22. 2SS° 00' 40.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 23. Thence along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A), on a curve to the right with a radius of 380.30 feet, the chord azimuth and distance being: 306° 2S' 30" 124.99 feet; 24. 31 S° S3' 542.70 feet along the Southwesterly side of Kohala Mountain Road(F.A.P. E-I1-A); 2S. 321 ° 32' 30" 7S. 00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 26. 343° 27' 171.90 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 27. 353 ° 00' 80.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A),- 28. S° 46' 291.20 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 29. 25° DO' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 30. 3S8° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); -22- 31. 343° ~3' 123.60 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 32. 311 ° 00' 100.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 33. Thence along the Southwesterly side of Kohala Mountain Road (F.A. P. E-I1-A), on a curve to the left with a radius of 426.20 feet, the chord azimuth and distance being: 287° 32' X06.63 feet; 34. 2~ 1 ° 04' 1.60 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 3.5. 274° DO' 180.00 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-I1-A); 36. 290° 30' 221.70 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A); 37. 307° 02' 110.14 feet along the Southwesterly side of Kohala Mountain Road (F.A.P. E-11-A) to the point of beginning and containing an Area of 169.87 Acres, more or less. (Refer to Parcel 3 as shown on Exhibit "B".)J ~IV~TIZTAL PARK AR~'A The district classification of the following area situated at Waikoloa, South Kohala, Hawaii, shall be Limited Industrial (ML-20): PARCEL "A"/EXI-IIBIT "C" Beginning at the Southeast comer of this parcel of land, on the Westerly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 2,715.91 feet North and 9,035.74 feet East, thence running by .azimuths measured clockwise from True South: 1. 96° 00' 945.00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 2. 186° 00' 1,152.38 -feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; -23- 3. 276° 00' 945.00 feet along the remainder of R.P. 5671, L.C. Aw. 8521-B, Apana 1 to G.D. Hueu; 4. 6 ° 00' 1,152.38 feet along the Westerly side of Mamalahoa Highway to the point of beginning and containing an area of 25.000 Acres, more or less. (Refer to Parcel "A" as shown on Exhibit "C".) lWAIM d,c~~OWN C~,~V7'ER AREA The district classification of the following area situated at Waikoloa, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-10): PARCEL "X-1 "/EXHIBIT "D Beginning at the Southwest corner of this parcel of land, on the Easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE "being 3, 256.77 feet South and 17, 716.73 feet West, thence running by azimuths measured clockwise from True South: 1. 186° 01 ' 38" 178.22 feet along the Easterly side of Mamalahoa Highway; 2. 246° 36' 109.75 feet along Lalamilo Reservoir Site and Roadway (Governor's Executive Order Number 1965); 3. 276° OZ' 1, 354.18 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 4. 353° OS' 72.95 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 5. 89° 29' 38" 255.98 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6. 92 ° 41 ' 08 " 151.90 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 7. 84° 21 ' 38" 285.04 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 8. 97° 09' 38 " 165.55 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; -24- 9. 66° 53' 08" 14.96 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 10. 94° SI ' 38" 109.81 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 11. 89° I1 ' 38" 496.16 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu to the point of beginning and containing an ,4rea of 5.079 Acres. (Refer to Parcel "X-1 " as shown on Exhibit "D The district classification of the following area situated at Waikoloa, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-15): PARCEL "X 2 "/EXHIBIT "D Beginning at the Northwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 3,178.28 feet South and 16,250.61 feet West, .thence running by azimuths measured clockwise from True South: 1. 276° 02' 304.37 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 2. 336° 35' 30.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 3. 91 ° 17' 08 " 88.16 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 4. 85° 49' 38" 202.56 feet adong the remainder of R.P. 5671, L. C. Aw. 8521-8, .Apana 1 to G.D. Hueu; S. 89° 29' 38" 15.66 feet along the remainder of R.P. 5671, L. C. Aw. 8521-B, Apana 1 to G.D. Hueu; 6. 173 ° OS' 72.95 feet adong the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 0.329 Acres. (Refer to Parcel "X-2 " as shown on Exhibit "D ) -25- The district classification of the following area situated at Waikoloa, Waimea, South Kohala, Hawaii, shall be Single Family Residential (RS-10): PARCEL "Y"/EXHIBIT "D Beginning at the Northwest corner of this parcel of land, on the Easterly side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being. 3, 025.90 feet South and 17, 692.36 feet West, thence running by azimuths measured clockwise from True South: 1. 276° 02' 34.55 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Agana 1 to G.D. Hueu; 2. 66° 36' 39.67 feet along Lalamilo Reservoir Site and Roadway (Governor's Executive Order Number 1965); 3. 186° Ol ' 38" 19.49 feet along the Easterly side of Mamalahoa Highway to the point of beginning and containing an Area of 0.008 Acre. (Refer to Parcel "Y" as shown on Exhibit "D ".)J SECTION 2. Section 25-95E ~d Se~J~2~- SSA, Article 3, Chapter 25 (Zoning Code) of the I-Iawaii County Code, [is] and Ordinate No. 92-65, are amended to change the district classification of properties described hereinafter as follows: WAIMEA TOWN CENTER AREA The district classifcation of the following area situated at Waikoloa and Lalamilo, Waimea, South Kohala, ~Iawaii, shall be Single Family Residential [(RS-10)] (RS-7.5~: [PARCEL 1 /EXHIBIT "A Beginning at the South corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WAIMEA EAST BASE" being 2,318.26 feet South and 17, 326.78 feet West, thence running by azimuths measured clockwise from True South: 1. 131 ° 51 ' 38" 44.90 feet along Lot 1 of Ainakokua Subdivision -Unit „A . 2. 215° 44' 38" 149.65 feet along Lots 1 and 2 of Ainakokua Subdivision - Unit "A -26- 3. 224° 39' 38" 62.10 feet along Lot 3 of Ainakokua Subdivision -Unit „A . 4. 132° 01 ' 38" 14.00 feet along Lot 3 of Ainakokua Subdivision -Unit „A 5. 213° 08' 38" 141.47 feet along Lot 4 of Ainakokua Subdivision -Unit „A 6. 125° 31 ' 38" 25.97 feet along Lot 4 of Ainakokua Subdivision -Unit „A 7. 211 ° 38' 38" 338.91 feet along Lots S, 6 and 7 of Ainakokua Subdivision -Unit "A 8. 121 ° 38' 38" 10.00 feet along Lot 7 of Ainakokua Subdivision -Unit .,A „ 9. 210 03' 38" 75.00 feet along Lot 8 of Ainakokua Subdivision -Unit „A 10. 214° 48' 08" 46.60 feet along Lot 8 of Ainakokua Subdivision -Unit „A I1. 215° 10' 08" 150.1 feet along Lot 9 of Ainakokua Subdivision -Unit „A 12. 212° 31 ' 38" 12b.25 feet along Lot 10 of Ainakokua Subdivision -Unit „A 13. 306° 43' 08" 37.05 feet along Lot 11 of Ainakokua Subdivision -Unit „A 14. 217° 56' 38" 112.97 feet along Lot 11 of Ainakokua Subdivision -Unit „A I5. 217° 16' 123.49 feet along the remainder of Grant 5183-8 to Annie T. K Parker; 16. 314° 38' 38" 92.00 feet along Lot 2-A; 17. 224° 38' 38" 254.67 feet along Lot 2 A, 2-B and 2-C; -27- 18. 213 ° 24' 34 " 14.26 feet along Lot R-1 (Kaomoloa Road) of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 19. Thence along Lot R-1 (Kaomoloa Road) of Kaomoloa Subdivision, Increment 2 (File Plan 1683), on a curve to the left with a radius of 730 feet, the chord azimuth and distance being: 300° 52' 33 " 64.54 feet; 20. Thence along Lot R-1 (Kaomoloa Road) of Kaomoloa Subdivision, Increment 2 (File Plan 1683), on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 341 ° 37' 20" 27.42 feet; 21. 296° 27' 50.02 feet along Lot R-1 (Kaomoloa Road) of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 22. 77tence along Lot R-1 (Kaomoloa Road) of Kaomoloa Subdivision, Increment 2 (File Plan 1683), on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being: 249° 54' 08" 28.28 feet; 23. 204° 54' O8" 60.00 feet along Lot R-I (Kaomoloa Road) of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 24. 294° 54' 08" 64.00 feet along Lot 22 of Kaomoloa Subdivision, Increment 2 (File Plan 1683); 25. 45° 12' 38" 554.30 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 26. 42° 49' 916.62 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu; 27. 46° 35' 220.00 feet along the remainder of R.P. 5671, L. C. Aw. 8521-8, Apana 1 to G.D. Hueu to the point of beginning and containing an Area of 6.825 Acres, more or less. (Refer to Parcel 1 as shown on Exhibit "A 'AR~FL 1/E IBIT "A"~ Be~inni~ at the Southwest corner of this parcel of land, on the Easterly side of Mar~alahoa Highway, the coordinates of which referred to Government Survey Triangulation Station -28- "WEST BASE" being 930 72 feet South and 6,802 70 feet West and thence runninng by ~~muths measured clockwise from True South• ~ 91'. 307.48 feet a1.g3i~ the Easterly side of Nlamalahoa Hfighwav ~ 2~° 235.51 ~1SZ~g the East~~ side of Mamalahoa Highway; ~ ~ ° Q(~' 154.60 feet aloes Lot 1 of Ai~~ko~ ~~b~iivision. Unit "A": 4 ,l~' 121.60 feet along_Lot 1 of Ainakokua Subdivision,. Unit "A": ~ 44.90 feet along ~,ot 1 of Ainakokua Subdivisj.,p~1a Unit "A": ~ ~ 149.65 f~~L.~.lon~ Lots 1 and 2 cif ,l~.itiakokua ~ubdivis~p~ Unit "A": 3~' 62.1Q feet along of of Aina o~kua ~ g~' 14.Od feet ~g Lot 3 of Ain div'S~on. Unit "A": ~ 4$' 141.47 feet a1g~ Lot 4 ~zf inakoku~ Subdivision. Unit. "A" a ~ 1?~° 31' 2~ 97 f t a ~g Lot ~ Af ~ 'vi ion U i~t~'; ~ X38.91 f~Pt al~n~ T o~,~~, 6 and 7 ~~,~inak~~a div's~on. Unit "A"; .1~.. .12.1 ° 3~' 10.00 feet ~o ~9t 7 ofd ~~~~o~ia 'vi ' n Unj~t~ "A" ; ~ ~Q° 75.00 f~~S along Lot 8 ~ ~,~a~2kua Subdiyi io Unit "A" ~ ~ " 46.60 feet afpng_Lot 8 of Ainakoki ai ~~~~,yision. Unit "A"; -29- 1~. 21~° S22 3.Q" 150.15 feet along i-ot Q o,~ ~~~~oa subdivision, [J~,jl "A": ~ ~1.' et Lot 10 of Ainakokua ~diYisi~IJ~'t1 'A': ~ 37.05 feet al~~ Lot 11-8 of Ain~~ ~bdivj~~, Unit "A". l~ 2,1Z° 5 ' 112.97 feet along Lot 11-8 of Aina~ Subdivision. Unit "A", to a rebar (found): ~ ~Q° 172.00 feet along„~~~ 11-B of Akokua Sub ivi Unit "A", to a~ebar (fou~~: ESL. ~ 168.00 f~elsal°n~the~~~~~y,sad~af,~1.~.~a l~ahoa ~igh~X.: X14° 280.92 feet along Lots 1-C and 2-A. along the zemainder of Gra~1[~t ~~$3~ zo Annie T.K. Parker: 2~.4° 254.67 feet along Lots 2-A. 2-B ands-C long 1 ere l~der of Graft 5183-B to Annie parker: Z.~. 2~° 14.26 feet alon.~ the Southerly side Qf Kaomoloa )mad: ~4 Vence a t1~es utherlX side of Kaomoloa Road, on a curve to the left wi h a r~~i~t~s of 730.00 feet. the chord ~~~~d~~~e being: 3QQ° 51' S5" 64.54 feet: ~5 Thence one the Sout er]y s'd~ e of Kao.~oloa ~oa~.~on a curve to the right with a rad~~s of 20.00 f~t,~e chord Guth and distance being: 341 ° 36' 42" 27.42 feet; ~ ~ 50.02 1'~t ong th° Southerly side,of Kaomoloa Road: Thence along the Southerly side of Kaor~loa Road, on a curve to he right with a radius 4f 20.00 feet. the chord azimuth and dist ice being: -30- 24 ° 53' 30" 28.28 f~et• 2 4° 5~' 3~" 30.00 feet along the Easterly end o K~mglg~ Road: ~ 5,~' 3.Q" 227.78 ~~t a~g the remainders of Gant 9879 to A.W, Carter, Trustee ~.~d R,.~ SC7~, ~C Aw 8521-B 1 to G D Hueu ~ Tl~e~nce along the remainder of R P~ 5671~L C Aw 8521-B A~, 1 to G D Hueu ~ a ~~tve to the right with a radius of 1.~92.QA feet, the chord azimuth anal ;~i~t~~ce being: 316° 37' 26" 888.65 feet: ~ ~2" 253.01 het along tie remainder of R.P. 5671. L.C. ,~~,v, 8521-B,~. I to G.D. Hueu: ~ 4.1.32 ~~t along the rem~j,~d~r~~ ~„P. 5671. L.C. Aw 8521-B. An. 1 to G.D. Hueu; ~ Thenc ae long the remainder of R P 5671 L C Aw 8521-B. An. 1 to G.D. Hueu. on a curve to th~~eff with a radius of 1.00 00 feet. the c Ord azimuth and distance 4°~1' 01.5°' 467.08 feed; ~ ~Q' 339.10 feet a1~i~,g the retn~i,~,d~T o~~:P. 5671. ~C. Aw. 8521-8,~~, 1 tQ G.D. 1-Iueu: ~5 Whence along the re ai ~T ofd, L C Aw 8521-8. Ap. 1 to G.D. Hueu. on a t~r.~i,~1nt a radius af~,100 ~~t, the chord azimuth aiad distaff 66°~' 35.5" 943.03 feet: ~ ~ 286.84 feet ~1.~ng t ~•~mainder of R ~ 5671 I. ~w 8~~~-8.~~4 G,D ]Hueu• ~ 4~° ~ 3,Q" 515.98 fit l~ ong t~ out ~~~ter~~ side of j,,~a ilo ~,~ervoir 't~ oadwav. ~~v~rnor`s ~ ex cutivP Gr~~r 1965 S F Wyo. 13378): ~ ~ 500.82 f~~ alo ~,alamilo ~~,e~voir 'te and Roadway.•, Governor's Executive xder -31- ,~4~5 SC ~~~Ip ~~~7~l,~as~ sing over a " + " put ound~ at 30.79 feet: ~ ~ ~2 312.00 fee o~,g_ Lalamilo Reservoir,te. Governpr's Executive Order 1965 C.S.F. No. 13•~,~.$Lto a 1-1/4 inch dine (oundl: ~ ~Q' ~Q 398.00 feet a p.~g Lalamilo Reservoir ite. Gov~X~or's Exep~Iivp ~?x~r 1965 S.F• Np~~,.~378~0~ ~-1,/~.~.p,~e (fbundl: !~L. ~2'~" 242•~,,~ feet~7.19A t,~ he N~~17lwp~p,~v s' e of Lalamilo Reservoir Site Roadway. Governor's Executive Order 1965 (C.S.F. No. 13378): ~ Ql' 453.92 feet a p~ the remainder of R.P. 5671. L.C. Aw. 8521-8. An. 1 to ~.D• ~Iueu to X$e non~~~ be innin and containing an area 56.512 Acres. (REFER TO PARCEL 1 AS SHOWN ON EXHIBIT ,.A~~~ The des ricr ~~sificarion o~ he fol pwi~ar~~,ituate ~t Wa~soloa and Puukanu Waimea, South Kohala,~awaii. shy bl e Mult~le Fami~~ Residential (R_M-51: P,~~CF.i. 2/EX~II ITT "A"• RP~,innin~ ai the S~u7h__ cOrnp~4.f Shi~glO~~,d, the ~pg~rdina~~,~p~ which referred to v i "W " W ~ 253.OI feet aipn~ the rp~~~nder of IZ.P. 5671. L C. Aw. 852~~~,t~p, tp ~.D, I-Iueu: ~ ThPnrP along t e re finder of R P 5671 L C Aw 8521-B,~~ 1 to G D Hueu on a curve to the left with a rad~u~ of._L,200.00 eet. t chord azim~tl~. ~d siistance bea,~g: 136°~7' 26" 888.65 feet: ~.4° ~ 7 7 het alprtg the remai~dez~pf R, P. 5671, L.C. Aw. 8521-B. A~. I to G D. Hueu and Gent 9879 to A.W. C~ripr„Trustee; -32- 2Q4° S~'~" 30.00 feet along the Easterly end of Kaom loa Road to a '/z inch ~~lze oundl ~ 2~4° 3=.2" 64.00 feet along Lot 22 of Kaomoloa Subdivi_$~on Increment 2 (File Plan 1683) to a y~l~c~pine ,found): ~ 22 1.~' _ 32.5 ~~~.lotag Lot 22 o~.Kaomoloa ~u~divi is o~, I~cre~~A(File Plan 7 ~7' 7 7 feet.~Qt~g Lots 22, 2~,+ ~Qa 19. 18,E 7, 16 ~d ~ S pf Kaomo~(o.~. ivision Irtcreme~,t(~le Plan 16831: 1~' 1,Q$.~.$.~ feet along W~iz~ea Ede eY and Int_ e~~di~g~~~~p~l ~.ot. Governor's ~~suti~x.p Q~der Numbers 2954 and 3454 (C.S.F. Nos. 17634 and 21161). passing oyet• ~s~a,fC,e ~oundl at 354.42 feet: ~ ~3" 696.06 f~~t along Waimea Elementary and ~,diate School Lot, Governor's ~~~~~1jv_~~~;r Number 3454 (C.S.F. sta. 21161) .and rem~jt~dg~of Deed: Hawaiian Homes Commis ion to Ric.l~~rd Smart dated July 7. 1956 and reco~d~i in Liber 3138,,.~~ge 426 (C.S.F. No. ~ ~Q¢° ~ 105.89 feet along the rem~,itlder of Deed: Hawaiian Homes Commission to Richard Smart dated July 7,1~~~~.~nd ,xded in ~,ib~r ~13$.~a~e 426- (C~.F. No. 1?~4~.: ~ ,~Q' 2~" 298.60 feet along th~~el~~i~.d~~p~ eed: Hawa~i~. ~[omp~p rri i.~ ,Richard Smart dated July 7 1956-and rer~~ ed in Leber 313.8. gage 426 ~C~~,F ~To. 12243) Th~tlce along the remainders of Deed• Hfawaii~tL.Hp1~SSo mission to Richard Smart ~~e~JulX 7, 1956 an~~~orded i giber ~a 3~, ~agp 426 (C ~.F ilVo. 1224~~ and -33- R.P. 5671. L..C. Aw. $~21 1 to ADD Hued, on carve to~h~.r~h~with a ra of 1,000 00 feet the ohord a anc being: 40' 22" 5~~64~ et' ~ 2_L' 2.2" X92.00 feet alo.~g the remai~d .r ~f~2„ 671 I~ ~.~y 8,52~,~ 1 to G D, ~~~u to the gpoi~ ~b~g~nn~ and 4ontai...a_. nnQ a_n axe o,~f 25,42 Acres FAR TO PARCEL 2 AS SHOWN ON EXHIBIT „A The district cla ification of he foll wind ~r~a situ~,l~ at W1Q~.~d~ m~ Waimea. South Kohala. Hawaii shall be S~~~le FamilY,~~~jg~ntial ~ PARCEL 3/EXHIBI "A": Be,~.1~dII~ at the East corner of this .parcel o land, the co~•~~~tes of wh referred to V v n~yl ve 4 4 ~ tlV 1., Along; the remainder of Deed: Hawaiian ome ~~~1sSl~n to Rj,r Smarr datedv 7.~ 195 in fiber 31 8. Pa 4~~~~. F, No 1~.~4~~a .~1 a et,~~v~ to the left with radj,~~of 8.(165.00 feet, 1~ c~~a~~th and c~.i~nee ]~~ing: 5,~° 50' 41,~~404 99 fee : ~ 24' 55.91 feet along the rjz~ r of Deed: H-___ awaii~ o c S'Qp~ni~~ion >•o R~~hard rSi~2rt~I~d Jidly 7 1956 a~ recQ~ ed in I ib~,t• 3138. Pale 426 (C.S,~,. yo 122431: 142° ~~S2Q ~e~t ai~o ,g 1~~ re~aind~~of ~?~~d. Ha~~1~i Ho~1es Commissio~YQ~ichard Smart dated Ju1,~956 and record~~i in I fiber 3138,.~ag~ 4~~~F, No 122431: 4 5~° ~4' 4b5.00 feet along the remainder of Deed• Hawaiian Homes C`omm~ssio~~o Rich,~rd -34- . . . ~r~.~rt dated July 7, 1956 and recp~ed in Liber 3138. Page 426 (C.S.F. No ~ X22° 24' 22" 20.00 fell the remainder of Deed: ii~~is.~.~s Cornmi~sion to Richard Smart date .~u~y 7, 1956 and ~e~Qr~led in Liber 3138, P~426 SC.S.F. No. ~ ~ ~ 185.00 ~~,~t ~o~g the r~~~~,nder of Deed• waj~~Ho~,es Commission tQ Richard Smart dated July 7~,195~ ~z~~.~~~Qr~~d in ~si~~r 3138, Page 426 (C.S.F No. 122431: 7 ~ 5.00 let ~1ong. the remainci~~ of ~ee¢~ Hawaiian omes ~~~~~~sion to Richard Smart dated July 7 195 z'~c~rd~d in Liber 3138. Page 426..:~C.S:F. No. 12243): ~4' 1$2,58 feet, along the remainder of Deed: Hawaiian Homes Commission to Richard mart date~Jla,~v 7~ 5~6~ recorded in Liber 3138. Page 426 ~C:S.F. No. 1224: 2. Thence along the remainder of D~ed• Haw~,~i~n Homes Com~,ission to Ri~~~ d~ S~~rt dated JuJ,y 7, 195 ~c~re~~r~d in Liber 31..x$. Pale 4?61~.S.F. ~To. 1~243~ on ~ curve to the ri~t~,~ ~~d ;u~ Qf X935.00 feet. the chord a~a~uth and distance being: 41' 57.,.3" 358.15 feed; ~ ~ ~Q" ,1,268.18 feet alon~the remainders of Deed: ~w~iian Hornes Comm~~isq~ try Richard Smart dated Julv 7, 1956 and regarded in I~i~~~~138a P~;ge 426 . No. 12243~ac~ 56~a L:C. Aw. 8521- 1,A,~ l .to G.D. Hueu: ~ ~ ~Q" feet along~he rer~~in~~x~~f R.P. 5671. I .C. Aw 85.1-B ~ 1 o T ~ ueu: -35- __202.56 feet along the reminder of $,P 5671,,. L.C. Aw. 8521-B,~ 1 o T D Hueu• 1~. ~2 271.64 feet along the remainder of R~_Sf71 . I .C. Aw. 8521-$, 1 to ~,.D HuPn• 14 .9~ ° 44' 24.88 I .C. Aw. 852J,~,~, 1 to G D HL1P11• ~ ~ 263.08 feet along t.,-.he remainder of R P 5671 L.C. Aw. 8521-8 ,A,p 1 to G D H~ 1~. Thence la one remainder of R P 5671 A~1,, g521_B„~,~ to on a curve to Lhe left wish a raditz~ of 100.00 feet the chord a zn ~~nd di a~c~ being: 33' 35.5" 427 $9 fee.: 17 7~1° 2,Q 4L" 339.10 feet alone the rema~, R p 5671 L•C• Aw. 8521-B,~p. 1 to G n u,~P~,• 1$L Thence along the remainder of R P 5671 L A`=r 8521-B, An 1 to G D Huy~., on a verve to the right with~~,~ of 1.000.00 few, the cord azimuth and fit awe b in ?~4°~l' 01.5" 467 08 feet• 1~` - ~4$° 2_L' LQ(?~,.~ feet along the remainder of R 5671, I. C Aw 8521-B A~ 1 1~ D HuP'~ 2Q~ Thence along the remainders of R P 5671, L C Aw $521 B Ap ~ ro G D HuPU and Deed: Hawaiians o 'on to B.i~tard Smart dat~ July 7 95~i anc~ te~orded in Libe=- 313g,~age 426 (C S F No 12243~,~~, ~~rvP o the left with a radius ~f 1,000 fPPr rhP chord azimuth end di$ta~ce b~in~• 40' 22" 540 64 f~;, ~ .2~° ~.2 ~ X98.60 feet along the rema~nd~ of Deed• Hawaiian e~~~mmig~ion to Richard Smart d t d Ju y 7 J~5.~~ncl.~~orc1~ 1~ir~ I ibex 3138, Page 426 (C ~ No -36- . . . ~Q¢° ~ 22" 320.00 feet along the remain di er of Deed• Hawaiian Homes Cott issioA to Richard ~~rt dated Ju~,Y 7, 19$6 and recorded in r fiber 3138, Pa e~ 426 (C S F No 12243; ~ 3¢° Ste' 141.91 feet along a remainder of Deed: Hawaiian Homes Co~tnission to Richard Smart d~,~ed July 6 an~~~~~ dt• ed in Idi~ r 1 8.,~ge 426 1~,~ F No 122431: Thence along the t•em~in~ler of De~d• Hawaii~~ Homes ~~,~sion tQ Richard Smart ~ tee d Ju~,y 7, 1 56 and ~~~prde ~n Liber 3138, Page 426 (C.S.F moo. 12243) ~ a curve to the right with a ~~iius of 59.00 feet. the chQad azimuth and d~, t~A~e being: 3,~$° 16' 171.60 feet: ~5 Q~ 270.00 et alo the re~.~j~, er of Deed: ~~w~~x~n Homes C~~, i~ on to Richard Sma~~~l~.d July 7, 195 ~~d recorded in l.~ib~ ~~,3:$.,-~~ge 426 F. No. 12243): ~ ~ ~ 905.21 feet ~1ong the ~g~ainder of Deed: Hawaiian om~s ~~~mission to Richard Smart dated Ju1v 7, ~ and record in ~,~,i~~r 3L~$. Pie 426 (C.S.F. No. 12,~43~ .thhe~Qx~ pf beginning and containing an are, $~~~35 Acres. (REFER TO PARCEI. 3 AS SHOWN ON EXHIBIT "A") w' Rn~kan,~~_ Waimea_ South Kohala. Hawaii, shall be ~l~~~ Catd~zlaercial~(~~1 - 7.~1: B.ggin~ta~g at lie Wei co~~z of this ~~rcel of land on the Southeasterly side of ~~Q~..~gh,~v~ the coor~atPs of which referred to Government Survey ~ thence ni by .imuths measure ~~c~wise from True South: -37- ly 1~ 8.50 feet along t~h Sout easterly side of Mam~lahoa Higbway~ ~ ~Q° 1$' 41.b0 f et al ~g t171p Soil ea ter aside of a ~ hoa wa ~ ,~2.~° ~ 151.15 feet along the ,~~~~der of rant 5~ 3-A oX Annie T.K- P~~ker: 4~ 1~' -1~...3~ fpp alo tg .__eh ~.~izar p~~n_t ~l~tg ,A~1~,~ T.K. Parker: ~ 1~ 177.70 feet along the~p.n ers of grant 51$3~tQl~tlnie T.K. P~~ rand ~,~~71, L,C. Aw 85_~~B. Ao. to .Hueu: ~ Thence along t~~ rem~~t~der of R.P. 5671. L.C. Aw, 8521-~,~,p. 1 to G.D ueu. on a p rye ttLhe rig~it. w.~~a radios of 3.~o.aQ feet~the chord a~dtnuth ~n dz~t~nce being: 41' 16" 47Q.45 eet: ~ 4~' SQ' 216.25 fp~t along the re~~inder o~ R.P. 5 71. L.C. Aw. 8521-B, .,~;p. 1 to G.D. Hueu: .1~ 311.62 eet along the remainder of R.P. 5671AI.`C-B..Y~. 852]-B,~~ 1 to G.D, ueu: ~ ~Q° 1$' 104.80 fe t a g the,~~m~~n.~er of R.P. 5671,~C4 Qw. 821-_~, A~._Lto G ~i.~ ~ ?~4° 5' 468.58 fe t~along the remainder pf R.P. 5671. L.C. Aw. $~21-_~~,~, 1 to .Hueu: 1L 2~° ~2 ~3". X9.89 feet a~t2~1g R~~. 5671. L.C. mow. 8521-~, A~. 1 to ~,D. ueu: ~ 715° ~ 1$.11 fe tt ap long, R.P. 5671+ L.C. Aw. 8521-B, A.p. 1 to G.D. Hueu: -38- ~ 2~..Q° ~L' 47 feet ~lo~g the r~m~~~~ler of Deed: Hawaiian Homes Commission to Richard Sm~~dated Julx 7. 1956 recorded in ~ fiber 3138. Pam: 426 (C.S.F. No. 122431: 4$' 180.00 f~ei alon,.C_Aw. 4037 to A.D ~ 5~Q° ~ 416.00 eet a ~g L.C~ Aw. 4037 to A.D. ~ ~Q° QQ' 427.26 feet along L.C. Aw. 403Z to A.D. Ally 7Q° ~Q' 233.b4 fee~~(ong L.C Aw. 4037 to F~ D. 4~° 3 240.35 fe~~.alon~ the rem~j~ders of Deed• waii domes Co~J~1.tXli,Ssion to ~t-d S~~~ dated Ju ~~a 1956 records in Liber 3138. Pale 426~G,S.F. No, 12243) and R.P. 567L~,.C. Aw, $52.1-8~,~ to G.D. Hueu and along Gri$nt 481 to dF. m~n~-Frig., to ~ 1 inch nine 12~ ?32° 44, ~ 1~. one PkL~ re ~;dztt~~~ of R.P. ~~71 ~ L.C, Aw. 5„~1-B• An to G.D. Hueu: ~ ~ 10$ 54 feet ~,g R.P. 5671, L.C. Aw 8521-B- An. to G.D. Hueu: ~ ~Q° 4~ 259.43 felt along R.P. $~71. L.C. ,mow ~ 91.03 feet aloes I3~~d• Haw~j~~n Homes Comr~iss Ri~~~~ ;smart dated July 3.56 a~~ recorded in 31 ~ ~g~6 (,C.S.F No. 122431: -39- 2~ QZ 122.71 feet along the rem~iu er of Died: Hawaiian Hom~S Commiss~c~~, to 'cha d Smart dated July ~a ~ 956 and recorded ial ~,.it~r 313$. Paee ~4~,>`~VQ. 122431: 2~4~ Thence along the remainder of Deed• Hawaiian Ho.~ea Comrzl~~~~ tt~ic_hard Smart dated Jul~7, ~ 956 and recorded in Liber 3~3~, Page 426 C.S.F. No. 1, ,,2~43~, off, ~ ru ve to the .left witl3~rada;.u,~ ~f 365.00 feet. the chord az~~}th and distance being: ° ~~(~6" 171.19 feel ~ ~4 ° ~ 261.10 feet alon,~the remaind~~ of Deed: Hawaiian Homes Commission to Ris~rd Smart dated Jules, 1956 amp recorded in_Liber 31.38:. aye 426~C.S.F No. 12243): Thence a~Q~g t e re~,ainders of Deed: Hawaiian Homes Commis~~o~ to ichard ~.~t•1 ated J ly 7. 1956 and r~.~ord~ in Liber ~ 38, Pale 426 (C.S F• No• 1431 and L.C, ~,w. 2271 to Oili. on a curve Xo tie heft with a radius of 2,2650Q, the chord azimut~ptd distance: being 09' 742 i6 ~7° 4$ 405.25 ~~~9a~J.Qt~g the re~ai[~der of eed: aw Homes Comm~~ion to $ichard Smart d~l~d July 7 ~~56 end recorded in Liber 338 Page 426 (C.S.F. No. 122431: Thence along the reminder of Deed: Hawa~~n Hot~,es Commission to ~ich~rd Smart dated July 7. 1956 and recorded in Li]~er 3138. Pale 426 C.S.F. No. 12243 o~. cut-ve to 1~e_t'ig;ht wiX a ra~j~us of .665.00 feel, iLe c~.o~d azimuth and dista cn_e being: 09' 22" 1,046.62 feet.; -40- 2$ 5~° Q~' 2" 100.00 het alon,~ the remainder of Deed: ~awaii~~~es Commission to Ric and Sm~ dated J~~y 7 x.256 and recorded in Liber 3138. Page 426 C.S.F. No. 122431: ~ ~4° 5,_Q_' ~ X59.42 feet al ~g t e rema~~~~ 4f~e~d: I~awaiian Homes C~ iss~~n to Richard 5~rt d~,ied Jul~v 7. 1956 aid record~d~n Liber 313$ Page 426 (,~.S.F. No. 12243): ~ alon,~* the rem ' er of Deed: ~ wai1an .~IIi.~ ~~~N:S,s ~ox n to ~j~hard mart dated J~,}! 7 1 Q56 recorded~~~ber 3138, Page 426 (C.S.~N.Q. 12243): ~ Thence alone the remainder of Deed• aw jj~n.$omes Q. s~i n ~,~~hard smart dat dP,~~ 7, 1956 and ~I ed in 'ber~13$,~,ge~ (~.S,F. No. 1~24.~?s ~z~_a_c~~~ S_o e ri ht with a radi~,~~55~0.00 feet. the choui azimuth_and digt~nce being: ~°~6' 35" X26.9 feet: ~ S ~ 5~" 270.00 feet lon he rema~~~.Q Deed: ~~w~a'an om~s C~~Sig~ to Rich~d ~ art dated ,~1,v ~~56 and re ord ~ ]~b_~r 3138. Pale 4~4•~6~.ti 12243): Thence al~,~ t`h._e ~•airlder of Deed • Hawai~~n Homes o~ i~sl~ o i~ and Sm~IS~.~.t~.~ ~~1y 7- 1956 and ~prded ~,~r ~~38. Pale 426 No, 122~,1p curve to thee r~i~ t wi radius of 1.000.00 felt, the chord azim~~. and ~~S nc being: 16, 07" 123.98 feet: ~ g~ ~ 284.95 alo the remainder of Deed: liawaiia~i Horn,. o ~~ion to 1Zichard Sma~.dated Jt~1y 7, 1956 -41- and recorded in .fiber 3•$. Page {C.S.F. No. 1 22 43~'. 3~i. Thence along the remainder of Deed• Hai=~aii~n , o es o~mi~si~n rn Ricer Smart ~ ted Ju y 7, 195 ;and recorded in Liber ~1'~8 Pale 426 IC.S.F. No. 12241_ sin a r.~grve to the lr;ft with a radj~,~ 1.000.QQ feet. the chord a~imutwh and is .nce being: 54' 22" 378.76 Pr• ~Z. 1~° 5 ' 82.71 t alo g the- r~~ = o~. Deed: HawaYlan~~mes Cptt~ml~sinn rn Richard Smart dated July 7, 195 and recorded in L.iber 1 8 Pa e 4261C.S.F No. 12243)• ~ S$° 15' 13" ._76_32 feet along,.,lhe remaind r of Deed: Hawaiian Homes Commig,~gp~n Richard dal d ly 7 1956 and recorded in L.ib r 1 Page 426 (C.S.F..1Vo. 12243)• ~ Thence along Waimea 1?lementarv.~rid Intermediate ~chopl Lot. Governor's FFxecu five Ot•der No 3454 L~,~F No. 2 161 on a u~ rve to l~g~ with a radiu~of -840 00 feet the chord a?imulh and dicta cue bein~• 14Sz° 44' Ol " 658 77 fc~~.l; 1~2° 4~ _ 140.00 feet along Waimea .lementarv and Tn~~rmediate School Lit Governor' xecutiygOrder No _ 4 4 C.S.F. No. 21161)• 4L Thence along Waimea Elementa~v and Intermediate School Lor, Governor Fxec~~tive Qrder No. 3454 _ ~ F No. 21161),~~ ~rve t~Lt e left with a Xadiu~ gf 760 00 feer,~ chord azimuth and distance bein~• .Lfz.~° 5~' 31" 210,54 feet: ~ 4 11 5 feet l~,ong Waimea mentarv and Intermediate school of -42- _ Governor's 1,~xegutive Order No. 3454 ( .S.F. No, 211611: 145° 371.30 L~t_~Jong Waimea Elementa~~and Intermed~~ S~~iool ot. Governor's Executive Or er 2954 (~~S.F. No. 176341: ~Q° 1$ 12.77 feet along Waimea Elementary and ~tt~te~diate School Lot. governor's Executivg~der 2954 (,~.S.F. No. 17634): 4~,. QQ ~Q" 129.75 feet along the remainder of R.P. 5~71,~L.C. Aw. 8521-8. A,~. 1 to G.D. Hueu: ~ Thence a~g~ the rema~~ler of P 5671 L ~ taw 8521-B Ap 1 to G D Hueu. on ~ ~u~vP,~c~ ~~~,e~w~,t~ a r~~i~~f 2,Q60.QQ feet, the chord azimuth and distaAce being: ° ~1Z' 45" ~Q.$4 feet ~ 1].91 f~~~12~~~he g~tnainder of R.P. S~Za~. I,~(.~s ,E.~w,_$521-8. Ap. 1 to G.D. Hueu: ~ X4.94 Let along Gov ,~gt Land: ~ 19~ felt along; Govern~~t Laid tg the ~~in of beginning containing area of L~~~-.~~ ,~,~res. 'REFER TO PARCEL 4 AS SHOWN ON EXHIBIT "A") ~P districr ctaccificatinn ~f the following, area situated on the. southwesterly side of Kam~:tl~alu Street at Pi~uka~u. Waimea. South Kohala. Hawaii. shall be Multiple Fa~~ly sid t~ ial (RM - 51: P~Z.~~T~S FAIT „A,.: ~ u' ~i at P North corner of this parcel of land, gn the Southwesterly side of ~tla~lu Pr lie coordinate, whic eferred to Government Survey Tria~g~lation -43- Station "WEST BASE"~~i~ 3.192.19 feet North and 1,S9~.Z4 feet West and thence n.1nn. b,~a~~J~.~~~~d clockwise from True South: ly 2Z 408.13 feet ~J,~mg.~1~e S~~tt~w~ster~,y side of I~amI~ama~alu $~reet tQ a 1-1 /4 inch nine (foundl: 2~ 4Z' 125.00 feet alon,P the remainder of Grant 5~7~i.~Charles Baker: ~2° QZ' 100.00 feet a~,g t e re er of, Gran 597 to Charles Baker: ~ 120.21 feet .~1pn~~t ~ ofof Puukanu V~~~g~ Hous~~,ots, along Hawaiian Homes~,~.;, ~ 4~ 20.1 g fit a1Q~g~awa~~~n ~~~s Land I~~ 1-1/4 inch nine (foundl: ~ x.22° 4$' 557.34 feet a awaii.~.A. Homes Land: ~ 2:,11' I36.3g feet alon,~ the remainder of feed: aw 'iad1. ~~~es C~~i~siQ~to R~~~,~~~1~~,~d~ted Jinx 7. 1956 and recorded in Liber 3138. Page 426 (C.,S.F. NQ 12243): Q Thence along t~,e remainde.~of Deed: ~waii ~.~io~es Commission to Riche Smart dated Julx 7, 1956 and recorded in Liber 3~ Page 426 ~To~.2243,Z, on a cl~rve to tie lift wit a r ~~,~s of 300.00 feet: the chot-d azimuth and ~jSta~~e being: ~1' 22 27~.3~ feed, ~ 2L' 175,~~ feet along the remainder of Deed: 1-Iawaiian Homes Commission t4 Ki~h~xd rt dated T~lv 7, 1956 and re~ord~d~~~,~1~er 31~$, P~g~ 426 (C.S.F. No. 122431: Q 4 ' 65.00 feet along the remainder of Deed: fLawaiian Homes Commission to -44- Richard Smart dated ,lulu 7, 196 ~.nd recorded in T fiber 3138, Page 426 (C.S.F. No. 1~.~1: ~ Thence along the remainders of Deed • Hawaii~m Homes Commis i~ on to Richard Smart dated July 7 1956 and xe~ord~ Libet X138 Page 426.~C_S~ No 1?243 ~~i L C 22~~, to ili. curve to :the ' t with a s~ of 2,24 .00 f~e~,~~e chord azimuth a distance being: 14Z° 09' 74~ ~c~61: 154° ~ ~2 114 feet along t~,~ remainder pf Deed: Hawaiian ~Qmes Comm~~s'Qn to Richard Sma~ d Jul~!.,,7. 1956 and recorded er 3~3$, Page 426 (C.S.F~~t~. 1 -2431: ~ The~,ce along the rem~i~der of Deed• Hawaiian Homes Com issi g~ I~ ichard Sri date ,Jy 7. 196 and recorded ig.I,,x~~~33~,38. Page 426 ~~~~~,F~1Q. ~K~~43a. on a curve to t~ r' t wil a radius ~ . 00 fe~~.~ t e k~.a7~~t t~ and ~~ta~ce being: ~Q° QZ 128.87 feet al~Q the remaind~s~ cif Deed: Hawaiian H~,es Commission to Richard~~~t~J.y 7, 1956 a~~ recorded in Liber 3f38. Page 426 (,C.S.F. No. 1~~431 a~,~ Grant 4955 to J:T~~r~~l~iag d~~~ civic tenter. Executive E~rder No. ~~3~(,C.S.F, No. 16258: ~ ~Q° QZ 353.38 feet along the remainder of Grant 4.9,5 tsz J aker: ~ ~5 ~.1' 319.25 ~~et a. long the remainders 9f Grant 4:9 5 to ~.T~.Bake~ a~~ Saza-nt X973 to Cl~~rl~ Baker: -45- ~ Q.Q 12.40 f~~alo~g the remainder of Grant 593 ts~Ch~xl~s Baker: ~ T~.CncP alotxg the re~~~inder of Gra~,5973 to Charles Baker, on a curve to the left wil~a ~~i~~o~ .00 ~eCt, the chord auth and distance beine: °~7' 4~" .537.81 eet;~ jQ~ ~Q° 4Z' 40.43 feet along the re~ai~,~~r of Grant 5973 to Charles Baker. along W~y~e~ Civ~r Center, Executive Q~•d~;r No. 2632 t~.~. Nd. to the t~oint of be~innin~ taini an area of 1~ Ac~es._(RIEFER TO PARCEL 5 AS SHOWN ON EXHIBIT''A") district classificatjnn of t_he followingarea situated at Puuk~~u Waimea South Koha1~, Hawaii shall e Residential and Agricultural (R.A-lal: p~CF,~. f /F~HIBIT "A" RPg~ rt _he Fast cor~.e~of th',s parcel of land, the coordinates of which referred to C'Tovern_ment Survev Tr~~ ulati ~ station "W~~~',~ BA~,F.,~z~iiag 250 73 feet North and 140 81 feet West and tki~ cn e ru~,~At1g b~~ilt~tk~s rneasure{~ Clockwise from Truce outh• 1.,. Alon e remainder of Deed: Hawai~a~ Homed (~~mmission to Richard Smart dated Ju~.~, 95~ end XecQrded in Liber 3138. F~ge 425 ~C.S:~. No. 12243, on a curve t~d~,C I~ft witi~.~ tadius of 8,.Q(~,OQ feet, the chord ~ianuth and dis~ce being: 19' 09,x" 354..65 feel; 2 ~ 2.5 QQ feet a~c~~~ the rem~i,nder of Deed: ~waiia~H~mes Commission Richard Sm~~d~tCd July 7. 1956 aid recorded in Liber 3138, ~~~C 426 (C.S.F. No. 122431: ~ Thence along the remainder of Deed• Hawaiian Hott~.es Commission to RiC~~rd Smart dated Julv 7. 1956 and recot• ed in Liber 3138,E eg 426 (C.S.~. No. -46- 12243 on a curve to the left with radius of$,Q90.00 feel, the chord azimuth and d~s~~nce being 26' S2" 45.07 feet; 4~ 5,Q' 1Q' 10.00 felt along the remai er oi; Deed• Hawaiian Hoes CC~.zn~~.~ion to ~,i~hard Smart C1~jQY 7 1956 and re~oxded in Liber 338, Page 426 (~,.S.F. No. 12243): Thence along the remainder of Deed: Hawaii~k~mes Commis~,i~ to Richard ~~.rt dated July Z J,956 and recorded Liber 3138 ~a 4?6 ( F No 12243.., on a curve t~;~ l~fr with ~ radius $.,Q$ .00 feet ~ chord ~zi~.~th and distatl~~~~~. 40' 33" 890.89 feat Thence alonE the remainder of Deed: Hawaiian ~-~.~~.~s CommissiQ~ f ichard d~.te~ ~~ly 7. 1956 and recorded in.~k~~~.31. Page 42~ ~~,~~No; 1~43Lon a curve tQ t~~ right with a radius of S95 QQ the chord .~i~uth and. distance being: 1$1° 49' 07.5" 304..27 tel: 7 ~1¢° 1Z. ~ 71.03 het along..the r~~~~~~~ of Deed: WaiW ian 1*jn~es Conunission to Richar.~,Slm ted July 7+ 196 and recorded in Liber ~~3$~1'~ge 426 fC.S.F. No. 12243): t ere ~~.¢~r of Deed Hawaiiazz.l~,Qlx1~s ~s~a~.tnas.~i~n to Richard Sm~zl..dated 7~ 1 Q~~ end recorded jz~J,iber 31~ge 426~C.S ~ No. 1224,3), ~~xy~~c~ ~ rig t~with a x~.~us of 575.00 feet t e c ~~d a~t~ ~~,~.;;d1,~.tance beine: 214°~0' 22.4 ~ ~Q' ~ 159.42 feet along the remainder of Deed: ~Iaw~,~~a1xt~~.~~mn?1.~~on to Richard Smart dated J~1y 7 1956 and -47- recorded in Liber 3138, Pale 426 (C~S.F. No. 12243): 1ST ?3S2° 9~ 2~" 100.00 feet along -the rexx~~t~~gt' of Deed: Hawaii~~~omes Comrnj~ ' n to R ~h rd ,art .dated Jtt v 7. 195 and L~~~~d~d~~~i er 3138F,~~~ 426 ~ Thence al~~g t e rg~~~.~der of Deed: Hawaiian Homes Commission tg~~~hard Smart dated Ju v 7, 1956 and r~s~4x.S~d in ~~i1~ex aL3.~:.~agg 4~~~ No 12243). o~ a curve to the lit wjl~ a ra~.~.ts of 665.00 feet. the c~,,t~d azid~ and distance being: 1?$' 09' 22" 1.046.62 fgg~, ~ .~7° 4$' 405.25 feet~l~~gby~g~~~,~j~~es of Deed• ][~~w~jtan Homes Co~ssion to ~1,ard Smart dated Julv 7 1956 and recorded in Liber 3138. Page 426 C.S.F. No. 12243): ~ ~5 ° 65.00 feet along the re~,tigr of Deed: Hawaiian Homes Commission to Ri~;~~. dated July 1956 and recorded in Liber 3 ~8, Page 42b (S' ~.F, No. 122431: 14 2~1.° 2~ 175.85 feet along the remainder of Deed: ~f~:w~;~,~,H~o tes Comm~~.~.~on to Richard Sr~~~ted..~uly 7. 1956 a~~.recorded in ~aher3l_3$ Page 4 (C.S.F. No. 12243): ~ Thence a~o~g the rem~indes. of Deed• Hawaiian Homes Commiss~~~ to ~eh.~rd Smart dated ~ulv 7, 1956 and regg~ded in fiber 3138, Page 426 (C.S.F. No. 122431, on a curve to the right wi h a -a~i~~f 300:00 feel, the chord. atalh and distance being: 2?$° 21' 22" 272.39 feet• -48- ~ ~ 22" 136.38 feet along the remainder of Deed Hawaii~~.~omes Corn~~~;~on to Richard Smart dated July 7. 1956 -and recorded in I.~~b~~~~,~'a~e 426- (CS.F. No. 122431 ~7 g~ Q.~ 4 4 feet along Hawaiian Homes L~~d t4~~ ~~z~tsz be,ginnin~ and conl~~.izlg~ri area ~~ZLO Acres. (REFE~Z TO PARCEL 6 AS SHOWN ON EXHIBIT "A") The ciictrict ~laccifiratinn of the followin~,~a Situated at Puukanu. Waimea, ~rn~t ~~ala Hawaii shall be Agricultural (A-40a2 l~g:~nin~ at t_he South cor er oft i~~_a~cel of lid *he co~zdinates of which referred to government Survey Tria lation Station. "WEST SASE" b~.iAg S94 64 felt South and w ~ ~ 905.21 f~~t aloes the remain~,~~r of Deed: ~ waii ~ Homes ~~mmission tp Richard mart sated J 7 1956 an~~~Qrded in ~~~~~r 313~~ I'~~. NQ.122431: 2 ~ 270.00 het along a remainder of Deed• aw~i~an ~I~mes Co mi ion ~ ichard Stns dated ~~ly ] 56 a re~~rdea i~~~ber 3138, 4~.6.~C~ No. 122431: ~~t~ce a oJ,~ Lh_e remainder of Deed: Hawaiian om Commion to 1~~~~~d ~ dated ,~jv 7 95 rec ~ Liber ~ 13.5.. Pace 426 (C S ~ No. 1~~4.~.F on a curve to t,~ Ieft wi a radi~~. of 500.00 feet. the chogd~~filtl an~S~d~. a b ink 16' 1,7A ~60 feet: 4, 5~2' 141.91 fe~~.alo~,g t~.zeffi~.~.~r I? ed• awaiian H~~Commssion to Riche. Omar dated July 7. 1956 and xecQrd Liber 313_S_. (C•S•FA Flo. 122431: -49- ~ ~2 156.82 feet along the remainder of Deed: awaiian Ho1l~.es Commission to 'ch~t-d Smart dated J~lv 1956 aid recorded in Liber 31.38. ae 42~ .S,F• .1V~. 143): ~ Thence along the remainder of Deed• Hawai~~~l~,omes Com_miesiQ~to Ri~k~rd.S~~~ da ed Judy 7~ L9~~~nd recorded 31.38. ~e 426 No. ~ 43 on a curve to the right ways a radius of x,000.00 feet. the ch~~~~imuth and distance 'oein~• ~ 42 ~~4.95 feet pmg the remainder of Deed• i~w~iian Homes Com~~Ssit~; to Richard Smart-:dated 7u~y_7. 1Q56 and recorded *tl~ber 3138. Pag:~ 426 ~C Ste. No. 122431: ~~ce alo.~,g the remainder of Deed: Hawa~~ Homes C~~,~ission to Ri~~.~d S~~~dated July 7. 1956 a~,d ~•~coriled in L ~~3138. Pave 426 (C.S.F, zy9. ~~.~4.~2 0~ ~ curve to the 1~~ with a ra~iu~ of 1.000:00 feet. the chctrmuth and distancing' ° 16' 07" 1 3.98 few; ~ ~ 270.00 het along ire remainder of I2~~~• Hawaiian Homes Comrni~,~on. to ~i~~Zar~Sm~~C dated ~uiy 7~ 1956- and t~coxded in L~beL3138. ~~ge 42,~(C S,F. No. 12243): .~Q~ Th~~ce a~C2iag. the reminder of Deed; Hawai~~~ Homes Commission to Richard Smart dated July 7. 1956 and recorded in Liber 3138. Page 426 (C.S F. ~ 12243) on a curve to the lefr with a radius of 500.00 feet, the s~ru.~a~uitt end .distance ' ein~: ~Q¢° 26' 35" 426.x.1 feet: ~ ~ 1$1 ~4 2.34 feet a]~~„g the rem~j~~l r of eed_~awaiian j~Qmes Commission: to Ric Ord Srnart -dated July 1956 and recorded in Liber 31.38. Page 426 (C.S.F. No. 12243; 12. Thence alon.,g the remainder of Deed Hawaiian Homes Corn_mission to Richard SmarLdated Julv 7 ~,9~6 and recorded in L~her 3138. P~~e 426 (~'.S.F. No. 12243 on a curve to -50- the left with a radius o~ 575 00 feel, the chord azimuth and distance being: X4'_20' 33" 20.00 fe~~; ~ 1?' S 71.03 et ~1Q~,g the remai~d r of Deed• ~.~waiian ~(omec Commission to Ri~;~~•d S,rt dated ~1,~7,~~95C~~ztd recorded in Liber 3138. Fage 426 .(C.S.F. No. 122431: 14,. Thence ,~on~ the remainder of Deed• Hawa~i~~.~g~es Commission ~Q ichard Smart dat~~~itly 7 1.956 and recorded in Liber 3138,~'„~~~ 42~~C S F NQ,. 12243, on a~~.ve to the-left with a radiu~of S95.OQ feets~e chic~rd azi u~ th and distance being: 1°~9, Q7~5,. 3(~4 ~~t~ 15 The~.ce alon a r~~~inder of Deed: Hawaiian Homes ommis~~~n to Ri~~I_d_~Lt~art dated ~ 7. 1956 and ~~ca~d~d.~n Liber 3138. Pa e~ 426 (C.S.I~. NQ¢ ~,43~, o~.a curve to the left w.~t,~,~~djus of S:~Q~O.~?Q_feet. th~ ch~zd~itxi?.t~lk~~d di~ance being: ~.°~4' S7" 1C9. 5feet: ~ 15.00 feet~n.~g. the.~ez~i~er of Deed: ~~waiian Homes Commission tQ ~i~~aard Szr~~.rt dated ,L~1~, 1956 and t•ecorded in Liber 3138. Pa e~ 426 (C.S.F. No. 12243): ~7 Thence alonQ~~ remainder of Deed• Hawaiian Homes Commx~sio~: ~Q $jt~l~rd~mart dated 3u1v 7 1956 and recorded in Li1~~x 3138. Lase 426 (C.S.F. No. I2~43~., off, a-curve to the left with a z~~i~S~f 8:065.OQ ~~et. the chord a,~7.tt~nd dis~~e being: 17' 59.4" 848.76 feet. 1~.~1~~2tLmt o~.~e inni and c~nt~,~i~.g an area of 20.804 Acres: FBR TD PARCEL 7 AS SHOWN CN EXHIBIT "A"} ~.e ci;crr;cr cl~~.,sjfica~tln of t~.~ following area situated at Waikoloa and Puukapu. Waimea. ~o ~ h la ~i~~.l )agricultural lp~.-40a): -51- PARCEL 8/ _XHIBIT "A" ig nning at the South corner of this parcel o land the coordinates o which referred to Government Survey Tria~,gulation Station "WEST BASE" being 2 420 96 feet South and 4. 1$ 8.76 feet West and thence running by azimuths measured C1oc~wise from True South• ~ 1~° ~ ~ 1,070.46 fPPt along the remainders of Deed' Hawaiian I~iomes Corn_mission to Richard Smart dated J z~! 7,.1956 and recorded. in l~~be~3~~ ~aQe 426 (C S F No 12243~.~~~ R.P. 5671 I.. Aw 852.1-8 min. 1 to G.D. Hueu: 2 ~Q" 1,268.18 feet along-the remainders of R.P, _5671 s Aw 8521 -B p 1 to `"x~ ueu-and Deed• Hawaiian ~iorries Commissio 0 Richa,td Smart dated 3uly 7. 1956: and recorded in Liber 3138, Pale 426 No. 12243):. ~ Thence along the remainder of Deed• Hawaiian Homes Commission to Richard Smart ciarPd Inky 7 1956 and- recorded in I.iher 313 Page 426 ( .F. No. 12243). on a curve to t e r_i,g_ht with a radius of 7 935 00 feet the chord azimuth and distance being: 33' 07.3" 155,~?1 feet:. 4. 14 ~ 4 " 5.00 fPPr hP reglainder of I3eed• Hawaiian Homed Co mission to Richard Smart dated July 7 1956 and recorded in Liber 3138 Page 4~6 (C.S.F. No. 12243). ~ Thence along the remainder of Deed• Hawaiian Homes Commission to Richard Smart dated J~ 7 1956 and recorded in Liber 3138 ~~g~.-g~~,~'.S,F. No. 12243, on a curve to ih~ right with a radius of 7',930 QO feet the chord azimuth and distance being: 5,1° 21' S4" 346.91 feet: 14~° ~7' Qf~" IO.OQ feet along the remainder of Deed• Hawaiian Homes Commission to Richard Smart dated July 7. 1956 and recorded in Liber 3138. Page 426 ,C.S.F. No. 12243E -52- 7 thence along the remainder of Deed• Hawaiian Homes Commission to Richard Smart dated July 7, 1950 aid recorded in Liber 3138 Page-426 C.S.F. No. 12~3~, on a curve to the ri t with a t'~dius of 7,920.00 feet, the ~hQrd a~~~.u ~.d distance being: ~Q° 37' 0~.7" 552.86 feet. to the p~i~t of be~inn'n~~ and containing an ~e~ of 12.644 Acres. (REFER TO PARCEL 8 AS SHOWN ON EXHIBIT „A.,~ the district classifio~tion of the following area situated on the easterly side of Mme. ~alahoa Hi.~hwaX at Waikoloa Waimea, South K+~~., aw shall be Agz~cultural. (A-40a) ; PAR ~ 9/E kIIBIT "A": e' w `'y1am~Q~ Hehway, tkte coordinates of w~;ich referred to Government Survev Trian lgu anon Station "WES 4F".~~g 1.400,07 fe~~~Quth and 6.852.17 feet West and ~h_ence runrtina azimuths measured clockwise from True South• ~ QL 182.19 feet a1.o~o,g tt~ asterly tide of Nlamalahoa Hiehwav: ~ ~ 591.02 feet along the Southerly side of Lai milo ese io r Site Roadways Governor's Executive Order 1965 l~,~~ F. No. 1337$x.: ~ 4~_ ~ _?x$5.84 fee~k2z1~ the rde~' 5671. L.C. Aw. 8521 ~,p,~~, ~~~r~I?, Hueu: 4 Thee along tie re iffier of R.P. 5671. L.C. Aw. 8521-B. Ap. 1 to Ca Db Hueu. on a curve to t e l~with a radius of 1.100 00 ~S t e chord azimuth and ~istaz~e being: °~6' 30" 538.44 feet ~ ~ 263.08 feet la one the remainder o ~ ~ 5671. L.C. Aw. 8521-B. A~. l o G.D, Hueu: ~ 4Q' 127.02 ~e~L~iQJ~.g the reminder of ~,..P. 5671. Aw. 8521-B, Ap. 1 to G.D. Hueu: -53- ~ 2_L' 285.04 feet along the remainder of R.P. 5671. L C. AW 8521-B. ,gyp. 1 to ,~~.~[ueu: ~ Q,9' _.._165.55 feet alot~g,.t1~.g.~emaind~L of R.P. 5671. L.C. Aw. 852-B. A.~~, to~'~.D. Hueu: ~ ~Q" 14.96 feet along the r~tai~der of R p, L.C. Aw. $521- ,.71p. 1 to G ~ ueu: ~ 24° 5~' 104.84 feet al tg; he remainder of R~Iv'. 5671. I C ~w $~2]._~. A~, 1 to Ci. ,Hueu: ~ $Q° 496.05 feet along the remainder of R.P. 5671. I C, Aw. $521- ~ 1 tg ~3.~eu to t__h_e int o~ l~gi in -and c~.~t?~nin~ n~ area~f 5.951 Acres. (REFER TO PARCEL 9 AS SHOWN ON EXHIBIT „A„~ The ~;~r,-;~ ~~a~~;~~ariQ~ ~e following area situated on the easterly side of J~a~ a~la~a_I~a'~~wa~at Wai~gloa Waimea, South Kohala Hawaii. sl~.l~be Agricultura~(A- 40a): PARCE~101FX~T "A" B~gin~,' Q a .~,e N®rthwesterly gorng~- fit ~is~2sarce~ of lend, on the Easterly side of v v T tation "WEST BASE" being 930 72 feet South and 6 802 70 feet West and thence running by az.~mu ~ rn~ d€~clg~kwise from True South• ~ ~ 45.92 feet along t_h_e re ai q~ of R.P. 5671. ~,~.~w 8521-$~~ 1 to G D Hueu• ~ 520.81 feet along the Northerly side ofd alp ~Z~~ervoir Site Roadway Governor's Executive Order 965 S.F. No. x,33781: ~ QL 255.34 fPPt ~~lae a terly~ide of Mam~~~~oa Hi way to the ~Pq.~~l1; Of beg~~i~g and containing an area of Q Agre•_(REFER TO PARCEL 10 AS SHOWN ON EXHIBIT "A") -54- SECTION 3• Section 25-95A Article 3, Chapter 25 Zoning Cod~of the Hawaii County Code end Ordinance No 92-65 are amended to change the district classification of p~perties described hereinafter as follows: RURAL - R> $ID1~,NTIAL AREA The district classification of the follow~~ area situated at Ou~i and L~nikepu, Waimea South ova Hawaii. shall be Agricultural ~-40a~, PARCEL "A"/EXH~ IT~"B"'.•. Be~i~i~~g.~l Southwest corner of this parcel of land: on~je Northe~y side of ~awaihae - V' w Units 1-A and 1-B (File Plan 1620), the coordinates of s~~ pp~nt of begi~~aztg referred to Government S~rv ,_y~~aan~ulation Station "PUU PA" being 0~ 3:.67 -feet ~T~ and 247 55 feet Wesl, t~~~.ce runnin® by azimuths measured clo~kw~~e from ~e Sc~uyh .j.y 112° ~ 946.02 feet along Lol$ 7. 8a 9 ~~d 23 of ~~n~uela View Fem. lames. Units .1-A and 1-B (File Plan 1620): ~ 19~° ~1~~QQ feet along the Gove~,~~~t hand of Momoualoa: ~ L 194.15 feel ~]c~ng 41~e Govern~e~t~L~~d of Momo~aloa: ~ 2J~° Q~' 227.36 feetfeet along t~~ o hweslerly~~ e of a Mount~,~tt oad (F.A P ~A ~1hence along the Southwesterly side of Kohala Mountain Road IF.A.P. E-11-A) on a ~urye to t e r' t with a ~~~i~s of 370.00 feet. the c,~~d azimuth and c~i~tanc~ being: 25' Z O~~L; ~ 3~° 16.20 fee. 1~ o~g the Southwesterly side of ~ohala Mountain ~aad (F A.P. _11_A): -55- ~ Thence along the Southwesterlyside of Kohala Mountain Road (F.A.P. E-11-A~. on a eve to the left with a ra ius of X51.70 f~~t, tk~G Gb,4.~d ~~,j~~th and stance being: ~Z° 43' 324.,L4 f~~t~ ~Q° 535.40 feet along the Sou hwe~te~Y side of Kohala Mo~,t~t~,.Q~~IF.A.P. E_11_Al: ~ - - curve to the left with a radius of ~2~,10 feet~tT~e cho aziYn wand distance being: 47' 422 10 ~Geta 1SL. 2~° ~Z' 20.00 feet a thG Souihweste~ly si~~ of Koh~:1.a~9~ Lain- gad fF.A.P. E-11-A1: along the Soutl~.westerly side of ,Qh~l~Mountain Road (F.A.P. E-11-A . on a curve to the r' t with a radius of 38 .30 feet, t~G c rd azi~ttth and ~ista~e being: 04' 34" 124.99 feet, ~ 3,~° 66.70 fit alo t e Souxi~w~~t~r1,y sa~e~f ohala 4u1~t1in Road (F.A.P. 1 _Al: ~ 5~._,5 ° QQ 40.00 feet along the Southwesterly side. of Kam, hala Mountair< Road.~~~P. 'rhPnGe along. ~e S~uthwesteXl,,~side of Kohala Mou~,tain Road (F A P E-11-A~, on a curve to the ri~~t yait~~. radius of 380.30 feet, the chord a~~muth and d~.stance being: ~Q~° 25' 30" 124.99 feet: ~ 4 7 feet along the Southwesterly side of Kohala Mountai~I~o d (F.A.P. E_11_Al: -56- l~ L° ~2_' ~Q'_ 75 •QO feet along the Southwesterly side Qf Kohala Mountain Road (F A P E_11_A): 17 ~7' 171.90 feet a the Southwesterly side of ~ ala ounta~Qad P E_11_A): 1$~ ~ $0.00 feet along the Southwesterly side Qf Kohala- Mount~,,~,n ILp~d (F P E_ 11 _A): ~ 4 291.20 feet alon~~.~~ Southwesterly side of I~~a a,1~lQUntain Road A.P. F_11_A1: ~ ~ S ° QQ 100.00 feet alo~® the ~outhw~~.lerly ~i~~le of Kohala ountai oad (F .f1.P. E_11_Al: ~L. ~5$° Q(Z 100.00 feetfeet along t e Soul westerly side of Kohala Mountazn Road (F.A.P. _11_A): ~ 123.60 feet along the Southwesterly side of Kohala Mou t~.at~ Road (F.A.P. E_11_A): ~ 100.00 f~ t alon the Southwest~rl„~side of Kohala M.at2. d~CF.A.P. E-1.1-A1: Thence along th Southwester~~side of Kohala Mountain Road ~-11_A on a ~~}rye to thy. j~ with a ra fps of 426.20 feet, the chord az' distance being: ~$Z° 32' Sgt 3 feet• ~5 ~5 1.60 feet ~m tg he Southwesterl}! side of Kohala Mountain Road ~~.P. -57- 2Z4° ~ 180.00 f.~~.t.~~n~ th~S~t~~t~rly~~~ Kohala Mo~~t~in Road (F.A.P. E-~ 1-Al: ~Q' ~I,,ZQ feet aJ,o~? the Southwe~t~rly sside of ~ ala Mot~t~iu Rn~d ~F A.P• E_11_A): ~ 274,50 f.~~Lalon~ tl~ ~Quthwesterlx sisi~ of I~.o~~ Mou~t~~~ oa~F.A.P. E_11~A): ~ al. o~~ t_he Southhwesterly side of Kohala Mountain Road (F.A.F. on a curve to the 1 with a radius of 44Q ~Q feet. e chord azimttth and d~~T~~ce being: 39' 3Q" 158.59 feet: ~ 17' 440.30 feet alon,~ the Southweste~y side of ~hala Mourlt~~~ Road ¢.A.P. E_11 _A); ~ Thence aloes the Southwesterly side of Kohala Mount~j~>~oad F A P E-1I- on a curve to the right with a radius of 57Q QO'feet. the chord a~~, u h a d ~i~~nee being ~$Q° 42' 67.94 feet: ~ 11' 89.00 ala Deed• St:~te o~ I-law ii to ,)gsse E Blackwell a~ad G thia Blackwell dated M~Xch 24, 1975 and recorded in Lfber 10554. oa~e 2~:. Thence along the ,Y,;~~iP of Lanikepu Gulch, alon~~Grant 15231 to Jesse Blackwell end Cynthia G. Bla~~yvell. the direct a~imiT~h and distance b to wean ~oj.~ts being: ~ 1Z° ~ ~4" 3.87 ~ Thence alo ~ the middle 4 Lanikepu ul~h along Grant 13706 to Richard Smart. for the next two courses the direct a~rrluths and distances between points being: -58- 1 ? • _S2.Z ° .11L_. 620.00 ~5.. thence along thgmiddle of Lanikegu Gulch, along Grant 1_$228 to Brupe A Te,gman et al, the direct azimuth and distance between poi-nt ~ein~- 5Q° 44' 237.95 f~; ~7 .ZQ° 1.~' 571.79 feet along ~~.~tat 13706 to Richard rt and Lots 5(~~t~51 ofof L~~milo House ~Qls - , cond Series: ~ ~ 354.45 feet a1Qng Lots 51 and 52 of Lalamilo House LQxs -Second Series: ~ 15' 131.74 feet along Lots 53 and 54-D of Lalamilo House Lots - ~-c~~ti Series: ~ 4Z 148.37 feet along. hots 54-D and 55 of ~.,zIQ I~ousp Lots -Second Series ~ 42' 4~ • 18 feet along Lots 55 and 56 of L~l~mi~ I-~ottse ~pxs -Second LQ$° 17' 123.55 f~~t ~Lon~ Lots 56 and 57 of J~aza~~1_0 ~puse Lots -Second ~ 5~5 ° Q5' 84.87 feet a1~~Lot 5~ ~L~i~~iLop 1-louse J.,~zt~ -,~econ~Series: ~ ~j° Q~ 86.26 feet along_Lots 57 az~d 58-B of Lalamilo House Lpl~cp~n Series: -59- 4~ 'S° 5 94.11 feet along Lots 58-B of Lalamilo House pt~- Second Series: ~ ~ 196.07 feet alo~Lot~ 58-B and 59 of Lalamilo Ho~~e Lots -Second Series: .$Q° ~7' X41.89 het along );,A~~O of Lalamilo House Lots - Se~pgsi Series: QQ' 71.70 fee aloe Lot 60 of L~i1p ~puse ~pt~ - Second Series: _44s. Q~' 122.25 feetfeet along Lot 60 of Lai to pose Low ~cond Series: ~Qz 5$° ~4' 53.50 feet along Lot 60 of L~I.~~ o~-douse - SecQ~d Series: ~ ~ 12.58 feet along Lot 60 of ~,~la~,i~p House J~I~ -Second Series; 5,.~,_ ,LQ~° 752.39 feet along the No ~.er[,~side of K~waihae Road 1~.,~.~P N ~ ~L. 11_C): 5,~ ThenrP alon~he No er aside of Kawaihae Road (F.A.P. N.R.H. 11-C1. on ~ curve to the left with: a radius of 1 940.00 e~~, the chord .azimuth ~~d distance being: Q~5 ° 31' 30" 457.73 feet to the point of begizg. and cont~~~,~..~ an ~t-ea of ~ g 7.~~ Ac ems, more or less. (REFER TO PARCEL "A" AS SHOWN ON EXHIBIT "B") All as shown on the map attached hereto, marked Exhibit "A", "B", "C" [and "D"] and by reference made a part hereof. -60- SECTION [3]4. With the exception of Section 3 relating to the Rural Residential Area which zon,~~~ shall take effect upon tie ~ffe~tive date of this ordinances, these changes in district classification are conditioned upon the following: OVERALL DEVELOPMENT: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) withi~tbze~~ears froze enactment of this or~i.~n~nce [the effective date of the rezoning, except as otherwise conditioned in the following subsections, shall be (1) when] the applicant shat provide [provides] assurance satisfactory to the Department[s] of Water Supply and Planning Director, upon consultation with the State Department of Health and the Department of Land and Natural Resources, that a water source(s) of sufficient quality and quantity [has (have) been] Gan be established,. [within two years from the enactment of this ordinance; provided that a maximum one-year extension may be granted by the Planning Director with reasonable and sufficient justification; and (2) an agreement, together with the appropriate bond, surety or other security deemed acceptable by the Planning Director, is executed between the applicant and the County through its Departments of Water Supply and Planning for the actual development of a proven source and its water transmission and distribution system within one year from the off cial date of compliance with Condition B(1); provided that aone-year extension may be granted by the Planning Director with reasonable and sufficient justification;] Tie effective date of the w w w Knnrr~ nr hv~ the S it hmitt~~ p~~~X~~p~~gdcal ~ se~i~ying thaLa water -61- source(.) of sufficient quali and quanti can be established at the desi ng ated ar' he a~~~J develon~ent of the water source and its water v w~ subdivision royal p~oc~s~ ,~;~~'d nti ~~'ld.permits sha~~~,ot be issued until.the avp~'Qved water source .~s dev~p~d and its t~~ns~ission and ~~.~ibution svste~ for such s~,~rce t~th_e sulzj~~p~'op~rty has been con~tntcted R~eidenrial building nerm~ls. may b~ 'si sue~~~z model ~e complexes Drovided that such mo~~l homes will not be occupied u~t~1 the approved water ~nurc~ a~ dev~~Qped. (C) an historic preservation mitigation plan of each development area shall be prepared and submitted for approval by the Planning Department, in consultation with the Department of Land and Natural Resources, prior to submitting plans for preliminary subdivision or plan approval review of each development area. The plan shall consist of an archaeological data recovery plan and a preservation plan. Approved mitigation measures shall be implemented prior to or in conjunction with any land alterations in the respective development area; (D) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or (walks] walls be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (E) to ensure that the Goals and Policies of the 1-Iousing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning [Department] it c to formulate -62- a housing plan for the development[, which shall be consistent with the interim affordable housing policy of the County as contained in the Hawaii County Housing Agency Resolution No. 65 or subsequently adopted policies). This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of any portion of the residential zoned area [(Waimea Town Center Area and the Rural-Residential Area); provided that the applicant shall notify the County Housing Agency of any intent to sell, lease, assign, place in trust, or otherwise voluntarily alter the ownership interest in the property prior to visible commencement of construction on the property; provided further that the applicant may transfer ownership in the property to an affiliate or in a manner consistent with prior representations to the County Housing Agency. In the event the applicant conveys an ownership, leasehold, or controlling development interest in any residential area prior to the approval of the housing plan by the Hawaii County Housing Agency, a pro rata portion of the affordable housing requirement, based upon unit density of the land affected by such sale, lease or conveyance, shall be satisfied by either an in-lieu payment, land, or any combination thereof by the applicant upon such conveyance of ownership, leasehold or controlling development interest of the residential area] . The housi~ D, lan shall ~~low satisfact~~ off ~ ~~gliirements in this condition by in-lieu payment, land, or any combination thereof [for the residential area] shall be based on a maximum density for the residential area, as determined by the applicant with the concurrence of the Planning Director. [The amount and method of satisfying this requirement shall be determined by the County Housing Agency. Furthermore, full] ~i affordable housing credits shall be given for the 4.7,x. acres [presently being] set aside by the applicant ~~d deddcated to the County for the 40 [-50] unit elderly housing site as well as any other future land or residential lots set aside for employees of the applicant who meet the prevailing income criterion for an affordable home. [Based upon 1991 dollars, the total value of the required contributions in either -63- land, fee or any combination thereof, based upon the 997 residential unit density proposed by the applicant is $7,275,840]; [(F) as agreed to by the applicant, restrictive covenants in the deeds of all the residential lots shall prohibit the construction of ohana dwelling units. A copy of the proposed covenant(s) shall be submitted to the Planning Department for review and approval prior to final subdivision approval of each residential subdivision. Written assurance for implementation of this condition, which has met with the approval of the Planning Department, shall be submitted to the Planning Department prior to final subdivision approval of each residential subdivision. A copy of a typically recorded covenant shall be filed with the Planning Department within one year from the date of final subdivision approval of each residential subdivision;] ([G])i) the applicant shall work with the State Department of Education and the Planning Department to provide its pro rata share for school facilities. In establishing the applicant's pro rata share, credit for contributions to public and private schools in the area shall be given to the applicant, subsequent to the [passage of this bill ordinance] option of Ordinance No. 92-65. The pro rata share determination and its implementation (i.e. dedication of land, construction of classrooms or funding) shall be approved by the Planning Department, in consultation with the Department of Education, in conjunction with final subdivision approval of any residential lot subdivision for any area of development; ([H]~) the applicant shall provide 30 plus or minus acres of land for public park and recreational purposes outside of the geographical area covered by this ordinance provided that the site(s) shall be situated south of the Waimea Airport and the Waimea Business Park. [Said area or areas shall be within a 5- -64- _ _ _ mile radius of the perimeter boundary of the commercially zoned area covered by this ordinance. The applicant shall submit the location of the proposed site or sites to the County Council, the Planning Department and the Parks and Recreation Department for its review and information prior to receipt of tentative subdivision approval of the first residential increment of this project. Each site shall consist of a minimum of 10 acres. Said site or sites shall be graded by the applicant and be available for use prior to receipt of final subdivision approval of the first residential increment of this project. The land and any improvements shall be credited towards satisfying a portion or all of the applicant's fair share contribution of the recreational assessment or any portion of the County's assessment relative to fire, police, solid waste disposal facilities, and roads as noted in Condition I below] e a lit shall identify ~e .proposed site(,~~nrior to receipt of tentative subdivisi~, ~Droval ~ t1~e firs residential increment of the sus bie~f pro~e~!,~he P1~g Dire~~1.,~ consu~tatian with ibe Department of Pa~cs and RecreatjL~,, sJ~,~ll review and annrove ~ location of th~~jtels2 rp for tc~ f~ p~a~approval or final subdivision annraval o ,fie three 1~.~~~c1~1300th~esidential uaaltL of withi the RS and[Qt zo a~~as o the subject prop.~rtx. Furt ermore~s~id site(s) shall be dedicated to the Co~~ty~pc~ it,~~~~~st The value .~f dedicated land and any 'm~,provel~,~tlts provided on the said site(~Zs.~; 1~ 1 be cred :tell ~n_st the alzplicaz t~s_ fair share cont~utiQn of the parks and recreation assessment ~e~uired i~, Condition H herein; ([I]~) [the applicant shall provide its fair share contribution to address regional impacts of the project with respect to fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained in the change of zone application and may be increased or reduced proportionally if unit counts or commercial areas are adjusted. Until they are satisfied, the fair share contributions described below -65- shall be adjusted annually based on the percentage change in the Consumer Price Index (CPI). A pro rata portion of the contribution, based upon the unit density and commercial area of land affected,- shall become due and/or payable, at the discretion of the County, in the event the applicant conveys full controlling ownership, leasehold, or development interest in the affected land prior to receiving its initial subdivision or final plan approval of the affected land. Otherwise, said contribution shall be satisfied in conjunction with the receipt of final subdivision or plan approval, as the case may be, of the affected land. The fair share contribution for each residential lot or unit shall be based on a maximum density for each lot as determined by the applicant with the concurrence of the Planning. Director. The fair share contributions in a form of cash, land, facilities, or any combination thereof shall have the following value: (a) $470,000 for fire protective services and $255,000 for police protective services; (b) $6,034,000 to support state and county road and traffic improvements within the South Kohala region. Appropriate credits shall be given for any of the applicant's land contribution associated with the proposed Waimea By-Pass and Waimea-Kawaihae Roads; the accelerated construction of the proposed town center arterial road and related intersectional improvements; with the exception of any other intersectional improvements directly serving the subject project, any off-site road and traffic related improvements required in this ordinance; and (c) $216,000 to support county solid waste disposal functions; The applicant is encouraged to provide land for a landfill or solid waste transfer station site as a means to satisfy this requirement. Any contributions required by this ordinance that exceed the fair share requirements of this project shall, at the applicant's request, be credited towards any of the applicant's future developments that require infrastructural impact contributions;] -66- th. e~pplicant shall make its fair share contribution to mitiga e t p Puri impacts Q t e ubj cwt pro~pe~y wifh respect to pariC an recreation ,fire police solid wa1 is e disposal facilities and road$ The a~rt.~~nt~~ the fair share, contribution ~~all be the sum which ~s the product ofof multipl,~~,~ the nu_ ber o residential units pro~pps~d to be developed by -the amounts alio~~: P he ~i~nbelow for each such unit an,~ ~~,all become d ett and lZayal~le .prior to ~ a bdzvision ~proval or final plan approval.. as applicable for anv p~ ion Q~~ s~ jet p~p~y or its increments If the subj~cf~rop~tr y~ velope~i i~lw~c~r more increment, tl7e amount of the fat; sha~~ r,~ntribution ue an~i~avabl~p ipr or to final subd~v~~~Qn aDAroval or final In an approval of each increm~ t~ shall sum calculated in tlt~~am~ z~3~~r according XQ a n~~bet~ of proposed re,~d n ial nni~s in each ~~~h~i er~.~nt. The fir share conl~~ ~r' ~y . in a form of cash, land. facilities. or any combination thereof accepf~l~le to the plate, Director in consultation with the ected agencies. The fair share contribution shall have a ~~~x~,um c~p.I~,lned value o~$4,545 29 per nauile- ~residenti~-unit. and $7a239,16 ,~iatgle-f~rni v res~~~~tial u~~ Based upon the ap lp icant's representation of intent to dev~,l_op up to 729 residential units the i~d~r,~~tal f~i~~re contribution for 2S6 multiple f~.~~~~'~:sid~ntial units is $1,89,194.20 and for 473 side family residential units is $38424,122.50 whiff ev ~~,s j~.s,able. Howeyet, ~.~e total amount shall be incr~~,~ed or reduced in~ropQrtion with ~~ial numbP~ ~f lots/units according to the calculation~~l~,e~,provl~~,s set f~~~ this Cs~ndition H. The fair share~ontribution sha 1 be allocated as follows: ,1,,J4 $2.291.39 p~ multiple-family residential unit for att~ztcl~~aX~d total of $586.595.84 and $3:49Q:8S net sin 1~ e-family ~s~~~,lialm;l for an i~,dicated tot~of X1.651, ] 72.00 to the CountX to supperpark and recreational imp~pv~~.~xs-and facilities: -67- _ 2~ 7 .4 ner multinl -farm y residential unit for an indicated total of $18,539.52 and $168.40 per single-farm residential unit for an indiC~ted total Q1: $9,653 20 lg~~~ County t0 SUp~ort pola,~~~~ ~ ~ iP~• ~ $222 77 ner multiple-family re; idenK~al unit for..~~~tl~cated 1~1~1 of $57 0~~~ and .3~ er si l~-~~~i~,y re,~i~ential unit for an indicated total of $157,~4,~~1o t_he County to ~~nport firs cilitiec• ~ $99 29 Der mint' le-f i y ~i~~~nts~l~;nii~f~r an indic.~~ total pf ~~„418 24 and $1~5 (~~~~le-f-a~]' v resi j~~. in t fodr., indicated total of $68.A7~.~(t t~ County to support .waste f~.s~.i ies: $1959.42 en r multip~~~Xn~l}! esi nt~al unit for an ind~~ated total of $SOl bll 52 :mod ~a~~~ 68 per s~~gle-f mi y resid~~t~,~it for an indicated total of ~,,4(~,:~94~,~0 tQt~~l~.te or County to sul o~ rt road end traffzc improvements. The fair share contributions described ~hov~ ~~~~tsted at~n_ually beEinnin~ three ve~~~~t~r the effective date of the change o~ ~c,~:, based on the Raving the fair share contribuxion the applicant may construct ~~d oc~~ibute v waste di~pQ~al facilities~.and roads within the region impacted ~y~he~roposed development. subiect to the a~nroval ~ t ~ls~itll,i~l~.l~tor. The cost of constructing~e im oDr veme~,s and_t e~f.~,a~ket value of land contributed rewired in Condition G and M(,~] s~iall be cre~l~ted against the sum specified in Condition I-€(1,.~ for .parks and recreation a~d_in Condition H(.~~ for road and Xraffic improvements For p~poses of ad~~~ tering Condition H the fair -68- market value of land contributed or the cost of anv improvements r 4 ,;rP or made in lieu of the fair share contribution shall be sub,~ct to the review and approval of the Planm~ Director, upon consul ation with the anp~.priatP a~ncies: ~ In lieu of actual construction of infrastructural imn~v~ments as re0u~rer~ hPrPin the applicant may enter into an agree~e with tie Plan~i~ Dire~ror a the Denartm.~~,t of Pub1i,~ Wor a~~.~~p~rt~ent o_f Wate~~i~p~,y,.~ ,app icab~~a to assure~,~e Countv that t e infr ,tai t~,i~ j,~provements will be constructed together with ~,e appropriate bond suety or ot~t seSU~lty deemed ace tp able to the Planning Director and~ot-poratic~n Counsel. Upon exe~>>rior~ of such agreement and/or filing of Lh~,~Gurity with the ~Q~nrx, final subdivision approval and/or final plan approval as applicable for j~~ proper or portions thereof. may be granted prior to the actual construct~~ of required infrastructural ig~nrovements unless otherwise resrricrPd ~ .rP~; [ (J) comply with the conditions of the State Land Use Commission's Decision and Order; (K) comply with all other applicable laws, rules, regulations and requirements;] [(L)]~ should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein [may, at the developer's election, be satisfied by performance in accordance with] ~a~l ~.~e~~t~~owards the requirements of the Unified Impact Fees Ordinance; [(M)]QQ an annual progress report shall be submitted to the Planning [Department] Director prior to the anniversary date of the approval of this change of zone. -69- The report shall address, in detail, the status of the development of each area (including number of lots created, number of units constructed, developed and undeveloped commercial and- industrial areas) and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning [Department] acknowledges that further reports are not required; [(N)].(~~ an extension of time for the performance of conditions within each development area set forth in this ordinance may be granted by the Planning Director upon the following circumstances: (1) the non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence; (Z) granting of the time extension would not be contrary to the general plan or zoning code; (3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; (4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and (5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions of the respective development areas not be met or substantially complied -70- within a timely fashion, the Planning Director shall initiate rezoning of the applicable area to its original or more appropriate designation; and [(D)]~.. The following specific conditions shall be applied to the [individualdistrict] individual district classification changes: (1) WAIMEA TOWN CENTER AREA - (a) upon. compliance with Condition B[(1) and (2)], the Waimea Town Center area shall be [zoned] developed in two increments. The first dev~~p~ient increment shall consist of a maximum of 579 residential units/lots and the commercial zoned areas. The second development increment shall consist of the remaining number of residential units/lots within the lg e Fa~i1~(~S~.and ultip~ Fjy IRMI zoned districts. [The effective date of zoning for) evelop~nt of the second increment shall occur only after there is fiscal assurance that[, that section of the proposed Waimea By-Pass Road through Waimea Town will be constructed;] the proposed connector road. consistin®.of a two-lame coJ~ ctor s ndard w~tp~ an 80-foot wide ri t-of--way (to a ow development of separate bike and pedes ~~e,~, exten~i~,~ ~ro~ the we,tern intersectiQ~ ~y~~ 1~.~malahoa Hi way in the vicinity of the Vacuum Cooling Plant to its no ~~i ,t~~~~Gt~ with either Ka~amalu Street or Mamalahoa Hi~hwav in the viea~~y p.~ the Vy~,j,~ea CLvic enter (hereinafter referred to as t_he ("co~ctor road"his eQ,t~pleted in irety; provided further that occupancy of units within the second development increment does not precede the completion of the [Waimea By-Pass Road] pro~psed connectp~ ~o~d described above; [and that development has occurred in the first increment as determined by the Planning Director. "Development" means that building permits have -71- been issued for dwelling lots/units and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the number of lots/units proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed by way of a surety bond, certified check or other security acceptable to Corporation Counsel and the Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the second increment may be submitted prior to the actual construction of the dwellings in the first increment;] (b) the entire [town center arterial road,] ~p~ctor road and its ,Lnt~rsection(s) [consisting of two lanes within an 80-foot right-of--way,] shall be [constructed in conjunction with the] ide tified kv the applicanx with the approval of the Department of Public Works prior to final subdivision approval of any residential development within the and/ol~zQned areas withj~n the subject property [Waimea Town Center] or prior to issuance of a certificate of occupancy for any portion of the commercial [area] ~~~s of the subject property. whichever comes first. In the event that feder~., state or offer governmental funding_g~ ~inancin~ acc~pta le to the a~olic~nt becomes available fpr the cott~t~Gtion of the entir.~ro~,nector road including i~prove~ents to its intersection(, t e~.pp~ic~ t s all utilize the fundi~ or ftz~ cin nQ to construct the connector road in a single p1jase which ~h~ll be co~pieted witt~'n t ree years of receipt of said fundirtg or finanoing. In the event that the above federal, state or other governmentalal funding is not available or acceptable to tl~e applicant, the connecter road shall he constructed by the applicant in three phases Ph~~ 1 of the co.~uiector -72- road shall be lpcated between the e~ctensions of Pu'ukalani Road and I~~moloa Street, and shall be constructed in conjunction with the development of tie immediately su~ound~~g areas,.._provided further, that Phase 1 of the connector road shall be co~~pleted no later than the is.~u~nce of t~,e buildi~gznerTp~,t,~for the sin~,le-family dw~~liztgs. or the issuance of final elan avnroval fp~ih~ ~ultip~e f~a.~y units. as anpl~cable. for the three hundredth (,~OOth) residential unit/lot w].tl~i~1~ ~~~~i/or RM ~ypned areal phase2 of the connector road. shall ke ~pcated b~~ween t ~'u~~.a.~ Rgad extension and the northern i~>sersection of the co~,uector road with dither Ka~~malu Street or the lahoa ighwav j~ e viG~l~ity of the Wai~,~a Civic Center and shall be constructed in conjunction with the development of the ~~diately_surro~ dp ins provided further that Phase 2 of the co~ector reads I~ be co~;pleted no later than the issuance of the i~~l ing~rmit for t_he s' QI -fami y_dwellings. or the issuance of final plan a~nroval for the multiple family units. as applicable. for the four h~ndr~d fiftieth (450 h) resd~ien ' 1-unit/lot wit~~e ~Ad/or I~Mv Toned area, Phase 3 of t~1e connector road sh~l be loc ted between the ~p si~.'on of~pmoloa street ~,d the wp~~~ intersection of the co, sct ?r road with Mamal o i w ~ in the vicinity of the Vacuum ~olin~ plant and a ~Il be cp s~ tru~ied in cot~u~ptip~w' the development of the i~rnediately s~pundin~ arp~~ ,p~pvided further ghat Phase~o_f the cor~eetor r sha]1)ze comnl~te~.~,p later tha~the_ i~it~nce of thesl~uil~~,g nerznit fps the si~,glpy dwellings. or the ~ an e of final plan anprova~~or~ie multip amity unit: a~ anp~~t21~ 1or~~i~ f v~ ~ti~ red s~ventv~inth (579t res' p~.tial lot/unit the r;T~r rtPvelon~e~t increment of ,~~Waimea Town Center. In the event at t e con_nerdor ro d s all intersect at its northern end wit Ka~a~a>,~ Road thoapplicaili Sh~J.~prove within the existing. ri hg, t~of~ -73- why. the portion of Kam,~alu Road ~~gween its inter eS Ction with the connector road and Mamalahoa Highway'in~el~ wi ~,g r~~~~~~ents and a~onroval of the D~~le~ of ~j,}~ic Woes ~'he costs of such l~,provem~Xs shall be credited ag,~ainst the appli~~~~t's fairy re r_ontribution of the road assessm~,t.1'~~~z~d in Con~jl]o~, herein. The [town center arterial road] ~~j.~~~on~ector road shall be constructed to the standards of the Department of Public Works; provided, however, that should it be determined by the Plar~ning.~.~~~ for in ~S?~n ~1 ation with the Department of Public Works that curbs, gutters and sidewalk improvements are needed, then, said improvements shall be installed along that portion of the road within the park, [and) commercial and residential zoned lands at the time of development of any portion of those zoned lands. [Access points from the residential and commercial zoned areas onto the town center arterial road shall be approved by the Department of Public Works.] AlI lots shall gain access from interior roadways unless otherwise permitted by the Department of Public Works. lieu of actual construction of the Doctor row the ~pnlic.~ ant may enter into an a~reem~nt with th~la~~ Dir~~or and the Chief Engineer to assure ~ Couxlxy 1 e~aoolica ltd, DOrtl~(~,~ the connector road w~1, b~~r~~t~~,l~~ l~,y way of a surely bond tified check or ot~e~~~~~r~y deemed acceptable to t e Coroo~~~'oa, n Counsel and the Pla~ang Director UnS~n final execution of~u~h ag~~~~ent and filing of the security with the Co~~ty,, ~~b~tvisl~L~nls ans ~~d/or final Dlan aDOroval nla~s fQ~t ~ ~e .1 development hD ases ,I~a,~be sub't ed and a~~roved prior to the actual c~st~~tion of the ap l~ic_~ble portion(sZof the connector ro d~'.n~je p~i4~' chase; (c) intersection improvements, which may include channelization and traffic signals, shall be provided at the [new town center arterial road- Mamalahoa Highway intersections (Honokaa side and Kona side)] -74- proposed connector road at its western intPrse~r;nn with Mam~lahoa High. way in the vicinity of the Vacuum~olin~ Plant art its northern ~~ersection with either Karma t~lu Street or die Mamala,~9~Hghyvay in the v]cini~~of~t e Wa~~ea Civic tenter, as required by the Department of Public Works. [Their exact locations shall be determined by the Department of Public Works prior to preliminary subdivision approval or plan approval of any portion of development within the first zoning increment. ]These improvements shall be c~szt~cted and installed ~ t~ ion with the construction of the irr dia ~,~rro,~nding onion ,s2 of the [town center arterial] cotes, ce for road [and in conjunction with the final approval of any residential subdivision or prior to issuance of a certificate of occupancy for any portion of the commercial development, whichever comes first]. lid the County re~~ire im r,~ments al tie intersectio~q~n~loa ~ -treat and Mamalaho~,~w~v t_he costs of tie e a ~YiQ~ I,~ off si a road a~~ intersection improvements s~~l be credited inst ernlicanr's fair share co~tzihl~tiQ.~ of the road assessment requ~re~~Con~ition H herein; [(d) the town center arterial road shall intersect with Kamamalu Road. Kamamalu Road and its intersection with the town center arterial road shall be improved meeting with the requirements of the Department of Public Works and be constructed simultaneous with the construction of the town center arterial road and in conjunction with the final approval of any residential subdivision or prior to issuance of a certificate of occupancy for any portion of the commercial development, whichever comes first;] [(e)]~ oadwa~a~d i~ptersection improved ei nts,~ithin Lindsey Road'~.e~~~tin~ Ug t-of--wav and its extension from its intersection with the Mamalahoa -75- Highway to [the town center arterial] its intersection with the connector road shall be constructed meeting with the requirements royal of the Department of Public Works. [Roadway improvements from the Lindsey Road-Mamalahoa Highway intersection shall be installed within the existing right-of--way meeting with the requirements of the Department of Public Works.] These roadway and intersection improvements, to be dedic~t~ to e County. shall be constructed and installed [concurrent] concurrently with [the] ~v commercial development of [any portion ofJ the immediatelx..s rroundin~ commercial [center] zoned ar~~q.~t~~ubiect property and shall be completed prior to issuance of a certificate of occupancy for [any] Ih~t portion of the commercial development. [(f)].(~ Lindsey Road extension from the [town center arterial Waimea ~y-Pass Road] connector road to the southeast boundary of Yee ~ttkj~~t prpper 's State Land LJse Urban Distri~~, cp~,~j~sti~,g ~ an 8Q-fort wide right-of- wav with imnrovem~~ts ~et.~g wile a~~gv~l~o e Department of ~~c Works. shall be constructed in conjunction with [final subdivision approval of any portion of Increment II] the completion of that portion of the ~x~t~'s Waim~yn~ss Road located east of the subiect property as recl~ired b~th,~ department of Public Vyorks and State Department of Tran~aXtation. and shall be ded~~t~t~ to the ~~~y upon its co~lpletjon• i~~p~~ tale req eu st o~ lh~ ~ a~rtrrie~ of Pub Woes or the Mate Department of Tr~~.~portati,~~., tom, e applicant s X11 sub~'t~ for dedi~a ion the County or State. as applicable. the 80-foot wide right= of-way for that n9rtion of the Lindsey Roa i extension between tl~e southeast boundary of the subiect pro~es~'s State Land Use Urban district and its intersection with the State's Wai ea ypass Road, with. the value of dedicated land nd ir1nprovements credited a~ai~t the a~ulic~nt's fair share contribution of the road assessment Xequir~d in -76- Cpndition H herein [The Lindsey Road extension alignment and improvements (i.e. channelization, traffic signals) shall be approved by the Departments of Public Works and Transportation-Highways Division prior to submitting plans for subdivision of Increment II]; [(g) pedestrian improvements shall be installed on the eastern (Town Center) side of Mamalahoa Highway from Waimea Elementary School to the town center arterial Road-Mamalahoa Highway intersection meeting with the approval of the Department of Public Works. These improvements shall be completed prior to or in conjunction with final subdivision approval of any residential subdivision;] [(h)]~ prior to development of any portion of the Waimea Town Center Area, a comprehensive drainage study shall be conducted to determine the type of drainage .improvements that would be required given the area's flooding history, geological composition and the amount of water to be generated by the proposed commercial and residential development. The study shall be reviewed and approved by the Department of Public Works and approved recommendations implemented as the development proceeds. Accordingly, a drainage system shall be installed meeting with the requirements of the Department of Public Works; [(i)]~ curb, gutter and sidewalk improvements shall be required within the commercial areas as development proceeds. The ~'lanni~~ Director in r~~~let~tion with the Department of Public Works, shall determine whether curb, gutter, and sidewalk improvements are needed within any or all portions of the residential areas at the time of plan approval or preliminary subdivision review of [any] i~ portion [within the first zoning increment] of the subj~Ct,prolp~ being developed. Should it be determined that said improvements are [requried] required, then, they -77- shall be provided in conjunction with the development of the affected area(s); [(j)]~. within the commercial zoned area, a minimum of [seven] acres Qf 1 shall be set aside for open space or park purposes for the general pudic. Said open space/park areas shall be ir~~a~ g~~t-al location of the heritage pa~~ ~~de~~ne~~~ x~ Exhibit "D" and shill ~e im~,proved with a mul urpose athletic fzeld. m~e~aw]t the approval of [reviewed and approved by] the Planning Director [Department and] in consultation w~ the Department of Parks and Recreation[, prior to submitting plans for subdivision or plan approval review and duly recorded with the Bureau of Conveyances as an open space/park easement, or similar legal encumbrance] The nark and open space sh~)~ b~~v~i~~bl,~f~r use by the public i~ coniunction wi~J~t~~ z~~e~,pl Qf final subdivision or finalplan ~proval for anv development within the subiect ~op~g~ A document shall be dul, recor~~d wig the B~r~au of Convey~~ces re ruing said ]~~~in Derpetuity as an open sp~~~/p easement, or similar legal encumbrance in favor of the up blic prior to the ovening oft e~o~en ~nace[parJ,~ area; [(k)].{j~ a sewage treatment plant shall be constructed to service the residential and commercial developments meeting with the approval of the Department of Health; [(1)].~ the applicant shall provide [aminimum) a min~~~m of [15] ,3Q acres of land for public open space, park and recreational use within the Wairn.~ Town Center subiect to conditions an~~ Jimitations determined by the applicant meeting with the approval of the Planning. Director in consultation with the De.~artme~t gf Perks and Recreation[, of which the first residential park site to be developed shall be for active recreational -78- uses]. The park or open space site set aside in Condition TOWN CENTER (h) [may] for public use shall be included in the [15] ~Q-acre calculation. A conceptual park recreational apd open pace plan ~~i~ding the [The] location of the park, recre t~ ion 1 and en~Dace site(s), accompanying land area, configuration, phasing of park site development with residential uses, owner~hip,~ontrol and r~ ink te~a~ce of t_he sites(~l, ~o~,~i io~~ d lim'tations regaz~,[~u~t gterms of u, and 1~2ux~ of opel'~ti~n of ~e site(sl and improvements, shall meet with the approval of the PlanzainQ it ~L n co 1 a i with the [Departments) Dep~,~t~.ent of Parks and Recreation [and Planning) prior to [submitting plans for] receipt of final subdivision or final plan approval [review] ~ ~v residential units w~ 'n the RS and/or R_M ~o~ed ar~~~~~ ~ ~r ron nerty. The park. recreation and open space areas shall be developed aid avai~ble for nu lic use ice, c~ cor~~~ce wjth the an rov ,per [Minimum improvements shall be provided for each active park area prior to Final Subdivision Approval of the respective residential development. The minimum improvements shall include, but not be limited to, grading and grassing which meet with the approval of the Departments of Parks and Recreation and Planning.] The value of dedicated land and improvements contt~ibuted fo,Lp~, ~pp~~ aaadlor recreatio~~l use fo~t~ ublic yvit~,1~the Waj,~ea own Center development ar~~ shall be c~~d~r~d a ainst a a~vlic~t'~s.~'aj,~share~] con~rib ~ ion r la ivy s attd x~ r a ion, as noted i~, C~Qnditig~I~ herein. [Until such time that the parks are dedicated to and accepted by the County, there shall be adequate assurance, as determined by the Corporation Counsel, for the maintenance of the private park by recorded covenant running with the land which shall include the following: -79- (i)] Prior to the Qpeni„~g of agy of the park. recreational: Q~ Qpen sir ace areas required ~ i~ n for public u~~, th~~ppl~~~~t shaall record a covenant or si~'11 ar legal encumbra~,ce ~ee~'~g wit~t~~ approval of the Plat~d],~,~lg. Director. in cons lu tat~p~ wbx.~~~ Corooraz,~QA Couns lend the D~~1~~~ of Parks an Recreation. which shall obligate the subdividers, purchasers, occupants, (or association in the a~f~~xed x~sidential units or subdivision to maintain the [private park] park. rec~P,~lional or Qpen s ~~,~,Leas in perpetuity; [and (ii) empower the County, through the Department of Parks and Recreation, to enforce the covenants to maintain the private park, authorizing the performance of maintenance work by the County in the event of failure by the subdividers, purchasers, occupants, or association in the subdivision to perform such work and permit the subjecting of the land and properties in the subdivision to a lien until the cost of the work performed by the County has been reimbursed;] [(m)]~ as represented by the applicant, an equestrian trail shall be provided in conjunction with final subdivision approval or prior to issuance of a certificate of occupancy for any portion of the Waimea Town Center area residential or commercial development, respectively. An equestrian trail plan, which includes the trail alignment, physical improvements, connections, signage, ownershi~2, control and maintenance, shall be approved by the Planning ~>_iL~S9~[Department], in consultation with appropriate agencies, prior to submittal of any plans for subdivision or plan approval within the Waimea Town Center area; -80- [ (2) R URAL-RESIDENTIAL AREA - (a) subdivision plans, including a landscape plan which addresses the scenic vistas and open space character, for an area consisting of no more than l00 contiguous acres or no more than 75 lots shall be submitted within one year from the effective date of the change of zone as determined by Condition OVERALL DEVELOPMENT B and tentative subdivision approval shall be secured within one year thereafter. Final subdivision approval shall be secured within two years from the date of submitting final subdivision plans; (b) subdivision plans shall be submitted for the remaining area after development has occurred in the first increment as determined by the Planning Director. "Development "means that building permits have been issued for dwelling units and construction has been partially completed to the extent that roofs have been constructed on a minimum of twenty-five percent of the number of lots proposed for the first increment. In lieu of actual construction, the applicant may enter into an agreement with the Planning Department to assure the County that the dwellings will be constructed by a surety bond, certified check or other security acceptable to Corporation Counsel and Planning Department. Upon final execution of such agreement and filing of the security with the County, subdivision plans for the second increment may be submitted; (c) it shall be demonstrated to the satisfaction of the Planning Department that agricultural activity is being conducted on the subdivided agricultural zoned lots within three years from the date of final subdivision approvals of the respective increments. For the purpose of this condition, "agriculture" shall be defined as the cultivation of crops, -81- including but not limited to flowers, vegetables, foliage, fruits, forage and timber; game propagation; raising of livestock, including but not limited to poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use. This condition shall be incorporated in each of the deeds for the proposed agricultural zoned lots and duly recorded with the State Bureau of Conveyances. A copy of the recorded deeds shall be filed with the Planning Department within one year from the date of final subdivision approval of the agricultural zoned lots; (d) as agreed to by the applicant, restrictive covenants in the deeds of all the residential and agricultural lots shall prohibit the construction of ohana dwelling units. A copy of the proposed covenant(s) shall be submitted to the Planning Department for review and approval prior to final subdivision approval of each residential or agricultural subdivision. Written assurance for implementation of this condition, which has met with the approval of the Planning Department, shall be submitted to the Planning Department prior to final subdivision approval of each residential or agricultural subdivision. A copy of a typically recorded covenant shall be filed with the Planning Department within one year from the date of final subdivision approval of each residential or agricultural subdivision; (e) no access shall be permitted onto the Kohala Mountain Road; (fl access on to the Waimea-Kawaihae Road shall be approved by the State Department of Transportation-Highways Division. Intersection improvements, including channelization, shall be installed in conjunction with finial subdivision approval of the initial subdivision within the project site; -82- (g) a drainage system shall be installed in accordance with the requirements of the Department of Public Works. The drainage system shall be constructed and maintained such that post-development conditions downstream of the project area are "better or no-worse "than pre- development conditions. A drainage study meeting with the requirements of the Department of Public Works shall be prepared for the purpose of determining the necessary on-site drainage improvements for the development; (h) as represented by the applicant, an equestrian trail shall be provided in conjunction with final subdivision approval of any portion of the development. An equestrian trail plan, which includes the trail alignment, physical improvements, connections, signage and maintenance, shall be approved by the Planning Department, in consultation with appropriate agencies, prior to submittal of any plans for subdivision of the Rural-Residential Area; (i) the existing stand of trees located within the subject properties and immediately makai of Kohala Mountain Road shall be incorporated into the design and development of the proposed subdivision; ] [(3)]~ INDUSTRIAL PARK AREA - (a) Upon compliance with Conditions of OVERALL DEVELOPMENT ~ [l3(1) and (2)], subdivision plans for the industrial park or portions thereof, shall be submitted to the Planning Department within one year from the effective date of the rezoning as determined in Condition B and tentative subdivision approval shall be secured within one year -83- thereafter. Final subdivision approval shall be secured within two years from the date of submitting final subdivision plans; (b) access onto Mamalahoa Highway shall meet with the approval of the Department of Public Works and the Department of Transportation- Highways Division. Intersection improvements (i.e., channelization) at Mamalahoa Highway and the industrial park access road, as required by the Department of Public Works, shall be completed in conjunction with final subdivision approval of any portion of the industrial development; (c) a drainage system shall be installed in accordance with the requirements of the Department of Public Works; (d) a master landscaping plan for the industrial park area shall be submitted for review and approval by the Planning Department prior to submitting plans for the subdivision. The master landscaping plan shall provide methods of landscaping (I) those areas that would be visible from areas of travel (Mamalahoa Highway) or would impact existing or future adjacent uses and (ii) interior lots within the development. Certain landscape buffers identified in Condition d(I) herein shall be established (planted) in conjunction with final subdivision approval of any portion of the industrial development. The guidelines set forth in the master landscaping plan for interior lots, shall be included in the covenants for each lot. During plan approval review of individual lot development, the guidelines shall be utilized to minimize adverse noise and visual impacts; and (e) the method of sewage disposal shall meet with the approval of the appropriate governmental agencies. -84- _ SECTION [4]~. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION [5]~. This ordinance shall take effect upon its approval. " SECTION 2. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 3. Material to be deleted is bracketed. For easier comprehension, significant areas to be deleted is also bracketed and shown in italics. New- material is underscored. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL M BER, CO NTY OF HAWAII :Hilo, Hawaii Date of Introduction: September 6, 1996 Date of 1st Reading: September 6, 1996 Date of 2nd Reading: September 18, 1996 Effective Date: September 26, 1996 APPROVED AS TO FORM AND LEGALITY ~ErUTY CORPORATI/ON CO/UNSEL DATED: ~1 zO( -85- *a \ \ ~ i ' r ,ice ? Ji ~j o, - r.i S, , ~ 1~ - . _ S' - - ~ a 3 cP '•3 s - - ~ f-~-~; ~G it ~3'1=c i~~ ~ 1 ~%L--r c ~ ~ .i II ,J'' c ',,11',1 ~ ~ ~iP f , ~ . x > Z a~ i ' _ ~ _ _ o~ ~ r- ~ - ~y - ° - . Zt~ ~ `j !,I ii ~ ?~a 'yo^v ':i 1r~ or-~_~ . _ l e > _ a . i n ~ .r.~ ~.~'~'j _ _ i ~ ~ J; ~ ~ i ~ _ ~ ~ , ,~,i I, 1(li i I(-' _ I;i `fj I I(f 1 I{ ~J ~=e Sa• y ii ~ - „ I c J ~ ' I • ~I I ~ 61 n b ~L I ti - _ ~ , 3 ~ h 4; e n e - 3 .:~i ~ ~ ~ K, ~ -l m Env o'l: ~ sa a :I ..n I . ~ ~ - . ~ ~i i. I~ ~ tfi ~(t v 2 ~ i 1 ~OIa 3 ~ ~ ~ ~ II~I:I J~p. ~ i i' I t ' t t ~ iy'r' ; ' ti I`~ 11(lC ilk -'('ty~' I w ~ ~ ~ ~ ~ ~ i ! f`'l -r----jam ,hi ~ -j------------ r~( k ~ r _ >Y g 1 ' II( ~ 1 J Z ~ ~ ~ ~ 1~~ ~ - ZJ ~ ooz _ _ s ~ 1~ i ~;It[ 9~tx. ~ s ~ ~ ~ ~ ~ ,t~ a ~II z z° i A l i Y, ~ a 6, , " r \ ~ ~ . ~ ~ i -.3 ~ I: / L 44 ' 1~ - f ~ . ~ n ~ / ~ ~ ~ - !i M ~ / i t~~ ~ i r~ ~ ~ f~. , . ; 1 ~ ~ ~ - ~ r~ ~ ° 1e~9~- ~1.~~11~1 ~ ~~~74 "j~cdtd i ifs CIdI~Ni ~~c R/i~~ P~~• ~-~-®f ~ per-~a.~ J ~a~d ~ ~ ~~L~ ~®t~rne~ ~ ~s~cr~-r>:s l~i~„ 43 680 ,4f~ Maeson~ r.~....r®.._~ es-,a.... ~,~'®.®.0~,° ~ 1-IortoluAu, 6dii ~681~ N°a411. V Th;: w®rk ti.~ p~~P~ee! by r~ ~ x ~ (t J' °'r or uP9dt~r Fr4y ~i1j?KVPfBCn 0 ~ /f - ~C'~aber 1 l 1 IRP/{-ISWr+ seM ARY SG'~//"~~es. .s a i ~ o a 00 ~ ~ r -'1 @~ ~ ~g g 'I ~ g ~ tra n ~ o° o b ~ ~ ~ 00 y ~ Li ~ s ~ ~ 5 ~ 0p 00000 = e~ ~ 'o ~ CI O0 ~ Z~ ~ 1 ~ C oh'o ~ ~ a~ o o x O 2~ O TG O p Y, y O a O ~ °J j1 ~ C I ~o ~ 0 o~ ~ ~ oa en cn e~ ~ O$~ 1. ~ ~ ~ ~ ~ W N W pf i j~~ Q v~ ,n tt 1 ~ I f I /7/-,1111 ~m~ 0000 s Oca D ?D o o r J ~ A ~1 `0 J ~ , Il I~ ~ a ~ ~ ~ ~ a ~I~'~ II1 1 4 _ I I H~ O 9 ~ } v 1 ` ~ t y ~ ~ ~ ` r-~ p t • 2 O d _1 ~ ~ ~ ~ ~ °'n O tq'i ® ` 1 0 ~ ~ a ~ ° 1 x--71; - ~ y3 _ ~o f C, ~D ~ .Y c 1~~~ ~ ~ ~f ~ ~ ~t _ OFFICE OF THE COUNTY CLERK County of Hawaii R ~ ~ , ~ ~ J' Hilo ,Hawaii ~6 SEP 26 pit 3 02 (DRAFT 4) a v F F l ~ ~toLL C~ ~ti~~~~ AYES NOES ABS EX Introduced By: Takashi Domingo X Date Introduced: September 6, 1996 First Reading: September 6, 1996 F;asle X Published: September 15, 1996 Ctulds X De Lima X REMARKS: Domingo X Osorio X V X Ray X Smith X 8 0 1 0 (DRAFT 5) ROLL CALL VOTE Second Reading: September 18, 1996 AYES NOES ABS EX To Mayor: Sept~rtber 18, 1996 Returned: September 26, .1996 Arakak~ X Effective: September 26, 1996 F;asle X Published October 4, 1996 Childs X De Lima.. X REMARKS: Domingo X Osorio X Jan De Car X Ray X Smith X 9 0 0 0 I DO I-IEiZEBY CERTIFY that the foregoing BILL was adopted by t~Ze County Council and publisFeed as indicated above. C CIL ,HAIRMAN COUNTY CLERK Appro ed/ thfs ~ day OR, COUTv HA6VAII Bill No.: 316 (Draft 5 ) Reference: C-1337/PC-143 Ord. No.: