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Home My WebLink AboutRES 142 Draft 01 2004-2006 COUNTY OF HAWAI`1 STATE OF HAWAII RESOLUTION NO. 142 U AUTHORIZING THE ACCEPTANCE OF A DONATION OF REAL PROPERTIES FROM THE STATE OF HAWAII, BY ITS BOARD OF LAND AND NATURAL RESOURCES, TAX MAP KEYS: (3)7-5-014:016 AND 7-5-015:008, FOR THE MAMALAHOA HIGHWAY IMPROVEMENTS IN NORTH KONA. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the State of Hawaii is the owner of real property at Waiaha 1st, North Kona, specifically Tax Map Key: (3)7-5-014:016, containing an area of 1,355 square feet or 0.031 acre, more particularly described in the Deed attached hereto as Exhibit "A"; and WHEREAS, the State of Hawaii is the owner of real property at Waiaha 2nd, North Kona, specifically Tax Map Key: (3)7-5-015:008, containing an area of 3,304 square feet or 0.076 acre, more particularly described in Land Patent Grant No. S-15,993 attached hereto as Exhibit "B"; and WHEREAS, these properties are located on a curve in the Mamalahoa Highway and the County of Hawaii requested the transfer of these properties from the State of Hawaii to add this area to the road right-of-way to improve the sight distance and safety of this curve for the public; and WHEREAS, the State Board of Land and Natural Resources granted right-of-entry to the County at its October 30, 1997 meeting; and WHEREAS, the project started on May 30, 2000 and was accepted by the County on April 6, 2001; and WHEREAS, pursuant to Section 23-11, Hawaii County Code, this was a public right-of-way subdivision and is exempt from the requirements and standards of Chapter 23, Hawaii County Code; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the Council, on behalf of the County of Hawaii, may accept gifts or donations of real property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the County of Hawaii accepts the donation of Tax Map Key: (3)7-5-014:016, containing an area of 1,355 square feet or 0.031 acre, more particularly described in the Deed attached hereto as Exhibit "A," and Tax Map Key: (3)7-5-015:008, containing an area of 3,304 square feet or 0.076 acre, more particularly described in Land Patent Grant No. S-15,993 attached hereto as Exhibit "B," from the State of Hawaii, and said real properties be made part of the Mamalahoa Highway right-of-way. B~ IT FURTHER RESOLVED that a copy of this resolution be forwarded to {1) Mayor Harry Kim; (2) the Department of i'ublic Works; and (3) Assistant Corporati®n Counsel Gerald Takase. Dated at xilo ,Hawaii, this 17th day of August , 2005. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCLL ROLL CALL VOTE County of Hawaii H110, Hawal`I AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by RIGA X the vote indicated to the right hereof adopted by the I~OFFMANN X COUNCIL of the County of Hawaii on August 17, 2005 NOLSCHUI~ X ATTEST: IKEDA X ISBELL X JACOBSON X P I LAGO X SAFARIK X 8 0 1 0 '~:.~,~„Q.t, ~ Reference C-374 /PWIl2C -17 COUNTY CLERK CHAIItMAN & PRESID G OFFICER RESOLUTION NO. ~ EXI-IIBIT "A" LAND COURT SYSTEM ) REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Total Number of Pa es: LOD No. 28,745 Tax Map Key No. (3)7-5-14:16 DEED KNOW ALL MEN BY THESE PRESENTS: THAT, effective as of the day of , 20 the STATE OF HAWAII, hereinafter referred to as the "Grantor," by its Board of Land and Natural Resources, acting pursuant to Section 171-95(a)(1), Hawaii Revised Statutes, for good and valuable consideration, paid to and at the Department of Land and Natural Resources by the COUNTY OF HAWAII, whose address is 25 Aupuni Street, Room 215, Hilo, Hawaii 96720-4252, hereinafter referred to as the "Grantee," the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the Grantee, its successors and assigns, that certain parcel of land situate at Waiaha 1st, North Kona, Island of Hawaii, Hawaii, described as "Mamalahoa Highway Widening," consisting of Parcel A cotltaining an area of 1,355 square feet or 0.031 acre, SUBJECT, HOWEVER, to a portion of Perpetual Non-Exclusive Anchor and Overhead Transmission Lines Easement 81-B, more particularly described in Exhibit "A" and delineated on Exhibit "B," both of which are attached hereto and made parts hereof, said exhibits being, respectively, a survey description and survey map designated C.S.F. No. 23,767 and dated April 16, 2004, prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii. ,.en 106766_1.DOC f DEPARTMENT OF LAND AND NATURAL RESOURCES ~ LAND DIVISION _ PO. BO%B21 HONOLULU, HAWAII 98808 RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: 1. All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persona authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of these minerals by any means whatsoever, including strip mining. "Minerals," as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock, or other material suitable for use and used in general construction in furtherance of the Grantee's permitted activities on the land and not for sale to others. 2. All surface and ground waters appurtenant to the land and the right on its own behalf or through persons authorized by it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Grantee for any of Grantee's improvements taken. AND the Grantee, for itself, its successors and assigns, covenants with the Grantor and its successors as follows: 1. The use and enjoyment of the land conveyed shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. 2. The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned by the Grantee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. r 106766_1.DOC ~ ,i.+ nPvu'n 2 r ,y, -.I DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION P.o. ernc em ununi i n u. wswui eneon 3. Should the roadway herein granted be vacated, closed, abandoned, or discontinued, disposal of same shall be in accordance with the provisions of Section 264-3, Hawaii Revised Statutes. 4. The Grantee shall comply with all applicable laws of the federal, state and county governments relative to rights granted herein. 5. All costs (survey, subdivision, construction, etc.) associated with this deed shall be the sole responsibility of the Grantee. SUBJECT TO rights of native tenants and regulatory rights and ownership rights (if any) of the State of Hawaii established pursuant to state law including Chapter 6E, Hawaii Revised Statutes, over prehistoric or historic remains found in, on, or under the land. TO HAVE AND TO HOLD the same together with all of the rights, easements, privileges and appurtenances thereunto belonging or in anyways appertaining or held and enjoyed therewith in fee simple unto said Grantee, its successors and assigns, forever, except as noted herein. 106766 1.DOC r~ ~ ~,pp c-~.; ~ .f~.. 3 DEPARTMENT OFLAND AND NATURA~RESOURCES LAND DIVISION "r PO. BOX 821 HONOLULU. HAWRII 98808 IN WITNESS WHEREOF, the STATE OF HAWAII, the Grantor herein, has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and these presents to be duly executed this day of 20 and the Grantee herein, has caused these presents to be executed this day of 20 both effective as of the day, month, and year first above written. STATE OF HAWAII Approved by the Board of Land and Natural Resources at its meetings held on By October 30, 1997 and Chairperson June 19, 1998. Board of Land and Natural Resources GRANTOR APPROVED AS TO FORM: COUNTY OF HAWAII Deputy Attorney General Dated: 9~/ 707' -r- HARRY KIM Its Mayor GRANTEE APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel Dated: ~Fi!M .:FP4 p :r.~.., ~~,~ffhe c ml 106766_1.DOC 4 DEPARTMENT OF LANDANO NATURAL RESOURCES LAND DIVISION PO. BO%811 HONOLULU, HAWPII 98808 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 20 before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended, and said HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: ~~..:,rrRD i.._ ~..1 iho I 106~66_1.DOC 5 DEPARTMENT OFLANDAND NATURAL RESOURCES LAND DIVISION PO. BOX 921 HONOLULU, W1WWI 9BBOD 6°''~ ~u.°.../ STATE OF HAWAII SURVEY DIVISION 23 767 DEPT. OF ACCOUNTING AND GENERAL SERVICES A nl 16 2 C.Q.I. NO ~ NONOLV LU P ()04 f MAMALAHOA HIGHWAY WIDENING PARCELS A AND B Waiaha 1st and 2nd, North Kona, Island of Hawaii, Hawaii PARCEL A: Being a portion of Royal Patent 1930 to Asa Thurston on a portion of Land Commission Award 387, Part 4, Section 2, No. 3 to American Board of Commissioners for Foreign Missions conveyed to the Territory of Hawaii by Manuel Gomes by Exchange Deed dated March 7, 1952 and recorded in Liber 2565, Pages 150-158 (Land Office Deed 9911). Beginning at the southwest corner of this pazcel of land and on the east side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN " (KAILUA) being 3359.85 feet South and 15,542.43 feet East, thence running by azimuths measured clockwise from True South:- 185° 49' 49.60 feet along the east side ofMamalahoa Highway; ~FFU~, ~PP~ o ;~g+arl.aerf of i.4. EXHIBIT "A" -1- cs.F. No. 23,767 April 16, 2004 2. 188° 29' 72.00 feet along the east side of Mamalahoa Highway; 3. 211° 30' 35.00 feet along the east side of Mamalahoa Highway; 4. Thence along Parcel 2 ofNorth Kona Water System, Governor's Executive Order 1589 on a curve to the left with a radius of 440.00 feet, the chord azimuth and distance being: 7° 37' 23" 151.01 feet; 5. 85° 21' 14.21 feet along Parcel B ofMamalahoa Highway Widening to the point of beginning and containing an AREA OF 1355 SQUARE FEET OR 0.031 ACRE. SUBJECT, HOWEVER, to a portion of Perpetual Non-Exclusive Anchor and Overhead Transmission Lines Easement 81-B covered by Grant of Easement: State of Hawaii to Hawaii Electric Light Co., Inc. and GTE Hawaiian Telephone Co., Inc. dated April 8, 1997 and recorded as Document Numbers 97-045383 and 97-034285 (Land Office Deed 5-28190) as shown on plan attached hereto and made a part hereof. PARCEL B: Being a portion of the Government (Crown) Land of Waiaha 2nd. Beginning at the northwest corner of this pazcel of land and on the east side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" (KAII,UA) being 3359.85 feet South and 15,542.43 feet East, thence running by azimuths measured clockwise from True South:- .:i:i~m n: vop Ih,. \ ~i C.S.F. No. 23,767 April 16, 2004 1. 265° 21' 14.21 feet along Parcel A of Mamalahoa Highway Widening; 2. Thence along Parcel 7 of North Kona Water System, Governor's Executive Order 1589 on a curve to the left with a radius of 440.00 feet, the chord azimuth and distance being: 337° 03' 01" 310.94 feet; 3. 80° 11' 10.43 feet along a jog on the east side of Mamalahoa Highway; 4. 146° 31' 30" 197.47 feet along the east side of Mamalahoa Highway; 5. 169° 59' 83.39 feet along the east side of Mamalahoa • Highway; 6. 177° 34' 40.16 feet along the east side of Mamalahoa Highway to the point of beginning and containing an AREA OF 3304 SQUARE FEET OR 0.076 ACRE. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII v gy: _~~Qij~ri ~ r~~t~.J Glenn J. Kodani Land Surveyor gm Compiled from CSF 23766 and other Govt. Survey Records. -'~Ei!m gPOR'D ~~~~p~em.=> ~.f th.. rr.~ -3- Rp tO of ~ M,e . c.c s,io n ~ ~o^ +w, tO L e°o~o 3g) '~o M M 3 0/ Cep oR ~4: step tl~ nrisejon Sec o o Po Easement B1-q ey f ~n 7, ~ti°n Por~e11,286) Fey°~9ne J ens - - ~ _ 10TJ0~14_ R=440.00 _ h ~yA NM EreWa"iran wn ne EwemaA e5,8fr~ c$GS I1ry ~ _ ,,,:uae v, H°""'lare °•e 2e~eo~° I(~ Pua1mLMO+eth~ Wr~,°,i, G°'. 1 0311e5 11,a.0. ` „ J~ ~ ~II((~~ lcw~~*°~ ~o~s~ °nd 9i ~ i i1 ~ et N;aH~ ,"3 N J N ~ Oa4 a io i° nti~~tM°Pa9e7e '0•.158 ~ 1 PA~~RCCEcL^A rT y Gartg',eeaaed a .585, 1 1 ~ ~ 356 $Q. f 1. ~Jeea. hYnFJ~f ~ ~dea ~r~~ Sycr 1 i. H6) 1..0.0. or 0.031 AC. C.a I~ L^ 2O '~/s4g0 p0 oWO\i~n° ti ~ T 9, Z,c 88'21 ~ ~ ~ ~ 'f~ ~G. •3 14.21 -F 29 P ~ g ~ GL ~ 2 A' ~ \ ~ 9~(n w~ `rte. ~ ~ S~ ~Y 52~'~ ~ Koo~ene ?io ~s ~ d,~ 1i r gyp. ~o ~y ~ \ \o~ n v rP~ \o, ~ T o s ~ ~ ~ ~~rn 9 ^ c J `~~d Go ~ y ~ ? ~j. ~ A O A~ ~Cq ~~Crokn~ ~ / ~QP ~ ~r ~ ~ \ ~ fond v ~ )Sp 6 r ,9 0 ~ ~ e y°i ,R~ ~ / 0~ o '9C ~Oje ~ G~~c`!-°Qo ~o 80'11' 1 D.43 SLIM nppR'D ~a rin lent o! `h,. MAMALAHOA HIGHWAY WIDENING °°°°~n~ PARCELS A AND 8 Waioha 1st and 2nd, North Kono, Island of Hawaii, Hawaii Scek: t in°n - so feet JOB No. H-288(97) Li 7f c. BK. REDl1CED NOTTO SCALE EXHIBIT B rNC MAP:7-s-,+: par. ,e SURVEY DMSION 7-s-,s; par. a DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES c.s.F. No. aa,re7 STATE OF HAWAII c.c. .,prn ,a, zooa t EXHIBIT "B" LAND COURT SYSTEM ) REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Total Number of Pa es• Tax Map Key No. (3)7-5-15:08 PATENTOR: STATE OF HAWAII PATENTEE: COUNTY OF HAWAII 25 Aupuni Street, Room 215 Hilo, Hawaii 96720-4252 LAND PATENT GRANT NO. 5-15,993 BY THIS PATENT the State of Hawaii, in conformity with the laws of the State of Hawaii relating to public lands, pursuant to the approval by the Board of Land and Natural Resources on October 30, 1997 and June 19, 1998, and acting pursuant to Section 171-95(a)(1), Hawaii Revised Statutes, makes known to all men that it does this day grant and confirm unto the COUNTY OF HAWAII, whose address is 25 Aupuni Street, Room 215, Hilo, Hawaii 96720-4252, hereinafter referred to as the "Patentee," for good and valuable consideration, the receipt whereof is hereby acknowledged, all of the land situate at Waiaha 2"d North Kona, Island of Hawaii, Hawaii, being designated "Mamalahoa Highway Widening," consisting of Parcel B containing an area of 3,304 square feet or 0.076 acre, more particularly ,,e.~..,^ NV~,; 106771-1.DDC i 1 DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION _ r`~ PO. BO%BEl HONOLULU. IUWAll 98808 described in Exhibit "A" and delineated on Exhibit "B," both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.F. No. 23,767 and dated April 16, 2004. RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE FOLLOWING: (1) All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of these minerals by any means whatsoever, including strip mining. "Minerals," as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock, or other material suitable for use and used in general construction in furtherance of the Patentee's permitted activities on the land and not for sale to others. (2) All surface and ground waters appurtenant to the land and the right on its own behalf or through persons authorized by it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Patentee for any of Patentee's improvements taken. AND THE PATENTEE, for itself, its successors and assigns, covenants with the State of Hawaii, and its successors as follows: A) The use and enjoyment of the land herein granted shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical 106771_1.DOC ,dF il,µ gppvr. -2- ~ .,rrl,~. DEPARTMENT OF LAND AND NATURAL RESOURCES ~ ~ ~ ~ f / LAND DIVISION vo. eoz az+ HONOLULU, HAWAII 98808 handicap, disability, age or HIV (human immunodeficiency virus) infection. B) The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned by the Patentee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Hawaii. C) Should the roadway herein granted be vacated, closed, abandoned, or discontinued, disposal of same shall be in accordance with the provisions of section 264-3, Hawaii Revised Statutes. D) The Patentee shall comply with all applicable laws of the federal, state and county governments relative to rights granted herein. E) All costs (survey, subdivision, construction, etc.) associated with this patent shall be the sole responsibility of the Patentee. SUBJECT TO rights of native tenants and regulatory rights and ownership rights (if any) of the State of Hawaii established pursuant to state law including Chapter 6E, Hawaii Revised Statutes, over prehistoric or historic remains found in, on, or under the land. TO HAVE AND TO HOLD said granted land unto the said Patentee, its successors and assigns forever, subject, however, to the reservations, conditions and covenants herein set forth. ioewi_i.noc f °~.e~.:.+ ~wra~r, -3- Ii ~ ,r:/. DEPARTMENT OF LAND AND NATURAL RESOURCES W__/ LAND DIVISION P.O. BO%821 norroww, ~uwwn eseoe IN WITNESS WHEREOF, the State of Hawaii, by its Board of Land and Natural Resources, has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and this Patent to be duly executed this day of 20 STATE OF HAWAII Approved by the Board of Land and Natural Resources at its meeting held on By October 30, 1997 and Chairperson June 19, 1998. Board of Land and Natural Resources PATENTOR APPROVED AS TO FORM: `~6~.~i-~i~• G~G4tiv~ COUNTY OF eputy Attorney General Dated: 9~ /7~D~ BY HARRY KIM Its Mayor PATENTEE APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel Dated: kf4ee aP^R'p ~crtlo .a!c(:hc. ',1 rr ..•r ,I 306771_1.DOC -4- DEPAR7MEN70F LANDAND NATURAL RESOURCES LAND DIVISION P.O. 60% 641 HONOLULU HAWMI 86808 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of 20 before me personally appeared HARRY KIM, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1.3(g) of the County Charter, County of Hawaii (1991), as amended, and said HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public, State of Hawaii My commission expires: i ~ - 106771_1.DOC -5- DEPARTMENT OF LANDAND NATURAL RESOURCES LAND DIVISION vo. eox exi HONOLULU. HAWMI 98808 ° ~w.d~ STATE OF HAWAII SURVEY DIVISION DEPT. OF ACCOUNTING AND GENERAL 3ERVICE3 e...r. No 23,767 NONOWW April 16, 2004 MAMALAHOAHIGHWAY WIDENING PARCELS A AND B Waiaha 1st and 2nd, North Kona, Island of Hawaii, Hawaii PARCEL A: Being a portion of Royal Patent 1930 to Asa Thurston on a portion of Land Commission Award 387, Part 4, Section 2, No. 3 to American Board of Commissioners for Foreign Missions conveyed to the Territory of Hawaii by Manuel Gomes by Exchange Deed dated March 7, 1952 and recorded in Liber 2565, Pages 150-158 (Land Office Deed 9911). Beginning at the southwest corner of this pazcel of land and on the east side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN " (KAILUA) being 3359.85 feet South and 15,542.43 feet East, thence running by azimuths measured clockwise from True South:- I. 185° 49' 49.60 feet along the east side ofMamalaho~' Highway, / . Keu,. ,.oP° o ~ ~ ~a~~,,a: EXHIBIT "A" -1- c.s.r. No. 23,767 April 16, 2004 2. 188° 29' 72.00 feet along the east side ofMamalahoa Highway; 3. 211° 30' 35.00 feet along the east side ofMamalahoa Highway; 4. Thence along Parcel 2 ofNorth Kona Water System, Governor's Executive Order 1589 on a curve to the left with a radius of 440.00 feet, the chord azimuth and distance being: 7° 37' 23" 151.01 feet; 5. 85° 21' 14.21 feet along Parcel B ofMamalahoa Highway Widening to the point of beginning and containing an AREA OF 1355 SQUARE FEET OR 0.031 ACRE. SUBJECT, HOWEVER, to a portion of Perpetual Non-Exclusive Anchor and Overhead Transmission Lines Easement 81-B covered by Grant of Easement: State of Hawaii to Hawaii Electric Light Co., Inc. and GTE Hawaiian Telephone Co., Inc. dated April 8, 1997 and recorded as Document Numbers 97-045383 and 97-034285 (Land Office Deed 5-28190) as shown on plan attached hereto and made a part hereof. PARCEL B: Being a portion of the Government (Crown) Land of Waiaha 2nd. Beginning at the northwest comer of this parcel of land and on the east side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN" (KAILUA) being 3359.85 feet South and 15,542.43 feet East, thence running by azimuths measured clockwise from True South:- aEEh~ uPPR'D :.a' ~ ~a~. _2_ 23 767 April 16, 2004 C.S.F. No. ' 1. 265° 21' 14.21 feet along Parcel A of Mamalahoa Highway Widening; 2. Thence along Parcel ? of North Kona Water System, Governor's Executive Order 1589 on a curve to the leR with a radius of 440.00 feet, the chord azimuth and distance being: 337° 03' O1" 310.94 feet; 3. 80° 11' 10.43 feet along a jog on the east side of Mamalahoa Highway; 4. 146° 31' 30" 197.47 feet along the east side of Mamalahoa Highway; 5. 169° 59' 83.39 feet along the east side of Mamalahoa Highway; 6. 177° 34' 40.16 feet along the east side of Mamalahoa Highway to the point of beginning and containing an AREA OF 3304 SQUARE FEET OR 0.076 ACRE. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII 13y. ,~~L YL Glenn J. Kodani Land Surveyor gYn Compiled from CSF 23766 and other Govt. Survey Records. ~;eon~. Ar=o-r L -.;any ~ Berl of th.. -,.y Gco'aoi -3- ro RP. l v~ enc°n~' 9 qw0 t° °°rd 3B~ A•!° °f Com °rr ~4 ion •D n1ia~.~ °n E°samerit 8t-A °qe~ f~on ? a°rf!°n -J Pcrce;; 288 FOrei9n°• 3 ~ I ~ ~ lC S.F. Misai°na 10T30_14' - R~g40,pp TM I ~~Eaw~p"~~"y~f~Y~y8~11~1B0Yt W+°(G9.f rd~386)~ N F1~°t~irer'ar^~~~weD ~dabe D 5~2D1B01 P~~~~~,.~M1lr~~o¢1a~ P'~`pd~ C^47 pJa2a7 (1- .D~` ~ • q J ana ~ • 9l T~ ~ ~ a ~ ~ °I }~9v+~5Ir ~ I W ° ~ ~ 1ne ~C$ttMoilrh 7. ~ }0,-\l~9 ~ ~ P1A=~CR`C~E~~L++//~~A G°m'°sdped d°tsY'g5,anve• 1 I ~ ~ wJ~J .,,~y. 1' 1. '>ped: ~jy Exch°n~1d~ t1SO t,~.Ft 112681 ss~~~~ to°°t O.W~ AC. (1..C.0. 96 i I~ ~'pL 2 J' F aq 00 toW°rtn° , e a4 1 G ~O ~ I fin. ~.S, i ~g12~ ` 85'21' ~ F L~ ~3 14.21 ~ mc+G 1y } ~ ~ \ L ~ ,T 'L y Ot i ~ 9~~ o ~ w ~ \ p ~ , g,,~ G;too ~N `r+o. \ ~ ~~F 522, ~ K°°~®he yio~tnN `S~ y f(?. ~o s ~ p `tpw ~~\o,, r n~ o \~~O J c Syr ~ 7o`~/N ~ ~e m ~ ° ~ 7•~0 t°,, ~ eft ~ 1~ry^ t~~ V~ ~~/i'' P Ol•'V~ a~\ ~ ~o/td v 77 ~ ~ ~0~~ ~ TO y°r 9,p~ ~ / t goo poi ~ ~~o~,~oQ ~C °O\ ~o 80'11' i .EUn+ r.PP 10.43 J.:yor nant- ho MAMALAHOA HIGHWAY WIDENING PARCELS A AND 8 Waioho tat and 2nd, North Nona, Iabnd of Haw°II, H°w°ii Sc°le: 1 inch ~ 60 feet J08 No H-28x(97) REDUCEb NOT TO SCALD EXHIBIT "B~~ C. BK. TAx MAP:7-S-14: pw. 18 SURVEY DMSION ~-5-15: pot. a DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES c.s.F. rw. is,~e~ STATE OF HAWAII c.c. Aprsi ,a, zoo4