HomeMy WebLinkAboutCOM 1056.001 2004-2006
Harry Kim ~~`v "+w+ Lincoln S.T. Ashida
Mayor `QS° Iriy Corporation Counsel
E.
Gerald Takase
Assistant Corporation
'wi+ Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 Fax (808) 961-8622
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September 20, 2006
rv
Stacy Higa, Chairman and Council Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Higa and Council Members:
Re: Amended Exhibit "I " Declaration of Public Access Pedestrian Easements,
attachment to the Resolution #449-06' Accenting the Declaration of Public Access
Pedestrian Easement from Kailua Kona Village Development Group, LLC.
At the Council Meeting of September 19, 2006 in West Hawaii at the Sheraton Keauhou,
Council requested that a change be made to page 5 of Exhibit 1, Declaration of Public Access
Pedestrian Easements. Transmitted herewith for the Council's approval is the Amended
Exhibit 1. Please discard the original Exhibit 1 and substitute this Amended Exhibit 1 as the
corrected attachment to the Resolution Accepting the Declaration of Public Access Pedestrian
Easments from Kailua Kona Village Development Group, LLC.
Sincerely,
Amy G. Self
Deputy Corporation Counsel
AGSkd
Enclosures
S:\reso\planning\Kailua Kona Village\092006 AGSkd
Comm. No. 0 a -
Ref. To.
Ref. Dote SEP 2 9 NOR
Hawaii County is an Equal Opportunity Provider and Employer
28 Fn 2 E8
LAND COURT REGULAR SYSTEM
Return By Mail ? Pick-Up Q To:
ROBERT D. TRIANTOS
CARLSMITH BALL LLP
75-1000 Henry Street, Suite 209 TOTAL NUMBER OF PAGES:
Kailua-Kona, Hawaii 96740
TITLE OF DOCUMENT:
DECLARATION OF PUBLIC ACCESS PEDESTRIAN EASEMENTS
PARTIES TO DOCUMENT:
DECLARANT: KAILUA KONA VILLAGE DEVELOPMENT GROUP, LLC, a Hawaii
limited liability company, whose mailing address is 75-5744 Alii Drive,
Suite 286, Kailua-Kona, Hawaii 96740
TAX MAP KEY(S): (3) 7-5-07:21 (port
TCT: 199042 4835-8339-2768/023295-9/08-01-06
AMENDED EXHIBIT "1"
DECLARATION OF PUBLIC ACCESS PEDESTRIAN EASEMENTS
This Declaration of Public Access Pedestrian Easements ("Declaration") made this
day of 2006, by KAILUA KONA VILLAGE DEVELOPMENT
GROUP, LLC, a Hawaii limited liability company, whose mailing address is 75-5744 Alii
Drive, Suite 286, Kailua-Kona, Hawaii 96740 (hereinafter referred to as "Declarant"), and the
COUNTY OF HAWAII, a municipal corporation, with its principal place of business and
mailing address at 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter referred to as "County").
RECITALS:
WHEREAS, Declarant is the owner in fee simple of those certain parcels of land
being Lot 2-A and Lot 1 as shown on Map 3 of Land Court Application No. 975 and Map 1 of
Land Court Application No. 1547, and portion of Land Commission Award 7630, Apana 1,
situate at Keopu 3rd, Honuaula 1st and Hienaloli 1st, District of South Kona, Island, County and
State of Hawaii. The Kona Inn Shopping Village Complex is located makai of Alii Drive
between Hulihe'e Palace (to the north) and the County's Hale Halawai Park (to the south) on
approximately 4.077 acres and consists of resort, commercial and office buildings (hereinafter
referred to as the "Property"). The Property is developed and being used pursuant to the original
and any future zoning and uses accessory thereto.
WHEREAS, in order to assure that pedestrian public access is provided within the
Property to and along designated shoreline access areas, the Declarant and the County of Hawaii
hereby agree to be bound by, and to encumber the Property described in Exhibit A and as further
depicted on Exhibit B attached hereto and incorporated herein by reference, by recordation of
this Declaration in the Bureau of Conveyances and the Land Court of the State of Hawaii.
WHEREAS, Special Management Area Minor Permit No. 178, was approved by
the Planning Department on February 15, 2005 to allow for the construction of a new outdoor
seating lanai as an addition to the existing restaurant situated at the northern end of the Property.
Condition 4 provides that:
4. Prior to submittal of an application for Plan Approval, an
updated Shoreline Public Access Plan shall be submitted to and
approved by the Planning Director. The Shoreline Public Access
Plan shall include, but not be limited to the following:
a. A recorded easement providing a lateral pedestrian
walkway mauka of the seawall and not less than 10' in width along
the entire shoreline of the subject property;
b, A recorded easement providing at least one
10'-wide pedestrian access through the subject property between
Alii Drive and the shoreline;
-2-
C. Connectively between the lateral pedestrian access of the
subject property and the adjacent properties to the north and south;
and
d. Location and description of existing and proposed public
access signage clearly indicating the public access to and along the
shoreline.
NOW, THEREFORE, The Declarant hereby declares and the County agrees to
accept the following perpetual non-exclusive easements for pedestrian public access over, upon,
across and through the Property (the 'Public Access Easements"), which shall be appurtenant to,
and shall run with the land of the Property as further described hereinbelow in Exhibit A and
depicted on Exhibit B.
I. DECLARATION OF EASEMENTS
Declarant further declares, and the County hereby acknowledges and accepts, that the
Property, which is encumbered by one or more of the Public Access Easements designated
herein, shall be held, sold, conveyed, encumbered, leased, occupied and improved, subject to the
limitations, restrictions, easements, covenants and conditions set forth in this Declaration, all of
which are established, declared and agreed to be for the purpose of enhancing and protecting the
value, desirability, attractiveness or usefulness of public access to the ocean, shorelines and/or
mountain areas through the Property, as applicable. These limitations, restrictions, easements,
covenants and conditions shall run with the land and shall be binding upon all persons having or
who acquire any right, title or interest in and to any of the Property which is encumbered by one
or more of the Public Access Easements designated herein (regardless of whether any provision
of this Declaration specifically so provides), and shall inure to the benefit of the County, but only
to the extent expressly provided herein. Notwithstanding anything contained in any deed,
agreement or other instrument to the contrary, the Public Access Easements set forth herein may
only be amended by written agreement of the owner(s) of the affected Property and the County.
The public shall have use of the Public Access Easements solely for the purpose of
accessing the appurtenant public pedestrian access easements as described hereinbelow and as
further depicted on Exhibit B:
1. A ten (10) foot wide easement for mauka-makai pedestrian public access purposes
over and through the Property beginning at Alii Drive, and down through the
Kona Inn Shopping Village Complex to the low rock wall along the shoreline
affecting Lot 2-A and Lot I as shown on Map 3 of Land Court Application No.
975 and Map 1 of Land Court Application No. 1547, as more particularly
described in Exhibit A and as depicted on Exhibit B, attached hereto and
incorporated by reference herein;
2. A ten (10) foot wide easement for lateral pedestrian public access purposes from
the southern end of the Property to the northern end of the Property affecting Lot
-3-
2-A and Lot 1 as shown on Map 3 of Land Court Application No. 975 and Map 1
of Land Court Application No. 1547, as more particularly described in Exhibit A
and as depicted on Exhibit B, attached hereto and incorporated by reference
herein.
The ten (10) foot wide lateral pedestrian easements shall be located within the shoreline
setback area as defined by HRS Section 205A-43(a) (running laterally mauka from the face of
the seawall pursuant to the 2004 shoreline certification map). In the event that all of any portion
of the Public Access Easements are replaced by a substitute public access easement, the original
alignment for that portion of the Public Access Easements shall be extinguished, and the parties
hereto agree to execute any and all necessary documents to effect extinguishing the original
easement alignment.
As used herein, the term "pedestrian public access" shall mean and be limited to
pedestrian foot traffic, and does not include use by bicycles, skateboards and/or roller skates,
motor bikes, all-terrain vehicles or motorized vehicles of any type, or horse, mule or other animal
use.
Vehicular access to the Public Access Easements at the Property is currently provided
from the off-site Kona Inn Village Shopping parking lots located at the comer of Alii Drive and
Hualalai Road.
II. EFFECT ON LANDOWNERS' LIABILITY
Nothing in this Declaration shall amend, qualify or otherwise limit the following: 1) the
liability protections given to Declarant pursuant to Hawaii Revised Statutes Chapter 520,
including without limitation the protections afforded in Section 520-4(b), relating to
Landowners' Liability; and 2) the liability protections given to the owners or operators of any
business providing recreational activities to the public who obtain voluntary written release
waivers for their patrons pursuant to the provisions of Hawaii Revised Statutes Section 663-1.54
relating to Recreational Activity Liability.
111. TERMS AND CONDITIONS OF USE AND MAINTENANCE OF THE PUBLIC
ACCESS PEDESTRIAN EASEMENTS
The Public Access Easements described in Section I hereinabove and as further described
in Exhibit A and as depicted on Exhibit B may be used by any members of the public having the
right to use such Public Access Easements, subject to and upon the following terms and
conditions:
A. Restrictions on Use. Pedestrian public access will be open generally from sunrise
or 6:00 a.m., whichever is earlier, to one-half hour beyond sunset or 6:00 p.m.,
whichever is later. It is intended that the pedestrian public access be utilized for
non-commercial, recreational purposes. In the interest of preserving the safety,
security, health and well being of all persons using the pedestrian public access
-4-
easements, certain reasonable controls and/or regulations will be established by
the Declarant and enforced by the Declarant's designated agents and assigns.
Reasonable controls are intended to protect the shoreline area and marine
resources, and to preserve the quiet enjoyment of the area for all users. Use of the
pedestrian public access will be denied to any person who unreasonably disturbs
the peace, is intoxicated, or will cause damage to the Public Access Pedestrian
Easements, the Kona Inn Shopping Complex property, the shoreline or marine
resources. The Declarant and its successors and assigns will also have the right to
control or prevent access to the public pedestrian access in the event of a County
or State declared emergency. Access for night fishing past 6:00 p.m. shall be
allowed for those individuals who are actively engaged in night fishing activities,
and does not include the right to overnight camping.
B. Maintenance and Control of the Public Access Pedestrian Easements. Other than
the execution of this Declaration and performance of the duties hereunder, the
Declarant shall have no responsibility to maintain, control, implement or provide
pedestrian public access upon and through the Property. The Declarant shall be
solely responsible for maintaining, controlling, insuring and repairing the Public
Access Pedestrian Easements (mauka-makai and lateral), and any and all
improvements constructed upon and/or located within said Public Access
Pedestrian Easements, in a good and safe condition, ordinary wear and tear
excepted.
C. Sienaae. A shoreline public access sign is posted across the Property along Alii
Drive. Additional public access related signage is proposed to be posted at the
central entrance of the Kona Inn Village Shopping Complex along Alii Drive, and
within the Kona Inn Village Shopping Complex. Declarant will provide, install
and maintain a hazardous warning signage along the low rock wall indicting the
potential for high surf conditions. Public shoreline access and hazardous surf
conditions signage will be generally consistent in form and content to the signage
used by the County of Hawaii, however, modifications may be sought with regard
to the materials and lettering style in order to achieve a consistency with other
project signage of the area. All signage will meet the County sign requirements
under Chapter 3 of the Hawaii County Code.
IV. MISCELLANEOUS PROVISIONS
A. Statutory Authority. The Declarant and County agree that this Declaration of
Public Access Pedestrian Easements is intended to comply with the objectives and
policies relating to shoreline access set forth in Chapter 205A, as amended, of the
Hawaii Revised Statutes. The Declarant and County further agree that the use of
the Public Access Pedestrian Easements by County and the general public for the
purposes permitted hereunder constitutes use for "recreational purposes" within
the meaning of the Hawaii Recreational Use Statute, Hawaii Revised Statutes
Chapter 520.
-5-
B. Reserved Right to Amend. Notwithstanding anything contained herein to the
contrary, Declarant hereby reserves the right, in favor of both Declarant and, if it
or one of its related entities is the fee owner, to amend this Declaration without
the consent or joinder of any owner, occupant, mortgagee (if any) or any other
person or entity for the purpose of meeting any requirement imposed by any
applicable law, any federal, state or county government, any governmental or
judicial action, order or decree, any institutional mortgage lender or any
governmental or quasi-governmental agency including, without limitation, the
Federal National Mortgage Association, Federal Home Loan Mortgage
Corporation, the U.S. Department of Housing and Urban Development or the
Office of Veterans Administration or for the purpose of correcting any error
herein. Each and every owner, occupant, mortgagee and other party acquiring an
interest in the Property by such acquisition, consents to such amendments as
described in the preceding sentence and agrees to execute and deliver such
documents and instruments and do such other things as may be necessary or
convenient to effect the same; and appoints Declarant and its assigns, whichever
may be applicable, his or her attorney-in-fact with full power of substitution to
execute and deliver such documents and instruments and to do such things on his
or her behalf, which grant of such power, being coupled with an interest, is
irrevocable for the term of said reserved rights, and shall not be affected by the
disability of such party or parties. No amendment hereto shall negate or adversely
impact any of Declarant's reserved rights hereunder without the prior written
consent of Declarant.
C. Termination. Unless earlier terminated pursuant to the express terms hereof, this
Declaration shall remain in effect perpetually or until mutually terminated by
Declarant and the County.
D. Interpretation. The captions and headings hereof are for convenience only and
shall not be considered to expand, modify or aid in the interpretation, construction
or meaning of this Declaration. As used herein, the singular shall include the
plural and the masculine shall include the feminine and neuter.
E. No Waiver. The failure to enforce any provision of this Declaration shall not
constitute a waiver thereof or of the right to enforce such provision thereafter.
F. Cooperation. The County shall cooperate with Declarant, as appropriate, in every
way and will exercise their best efforts in carrying out the transactions
contemplated herein, and in executing and delivering in recordable form all
documents, instruments, or copies thereof or other information deemed
reasonably necessary or useful by the Declarant and/or the County.
G. Enforcement Costs. If any legal action or other proceeding, including arbitration,
is brought for the enforcement of this Declaration, or because of an alleged
dispute, breach, default or misrepresentation in connection with any provisions of
this Declaration, the successful or prevailing parry or parties shall be entitled to
recover reasonable attorneys' fees, court costs and all expenses even if not taxable
-6-
as court costs, incurred in that action or proceeding, in addition to any other relief
to which such party or parties may be entitled.
H. Notices. Any notice or demand provided for or permitted by this Declaration may
be given sufficiently for all purposes in writing mailed as registered or certified
mail, addressed to the appropriate party at such party's post office address or such
other address designated by such party in writing to the other parties, or delivered
personally or electronic transmittal within the State of Hawaii to such party, as the
case may be, and shall be deemed conclusively to have been given on the date of
such mailing, personal delivery or electronic transmittal.
1. Binding Effect. This Declaration shall inure to the benefit of, and be binding upon
Declarant and the County of Hawaii, as appropriate, and their respective heirs,
personal representatives, successors, and assigns.
J. Assignment to State of Hawaii and/or United States of America. Upon the
precondition that all applicable provisions of this Declaration that benefit the
Declarant and its respective heirs, personal representatives, successors and assigns
are in full force and effect, and with the prior written consent of the Declarant, the
County of Hawaii may assign its rights, obligations and duties under this
Declaration in whole or in part to the applicable department or agency of the State
of Hawaii and/or the United States of America. In the event of any such
assignment, in whole or part, the Declarant and its successors and assigns shall
release the County of Hawaii from its maintenance and liability obligations for the
portion(s) so assigned.
K. Aonlicable Law. This Declaration shall be governed by the laws of the State of
Hawaii both as to interpretation and performance.
L. Counterparts/ Facsimile Signatures . This Declaration may be executed in any
number of counterparts, each of which shall be deemed an original but all of
which together shall constitute one and the same instrument, and in making proof
hereof it shall not be necessary to produce or account for more than one such
counterpart.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]
-7-
IN WITNESS WHEREOF, the Declarant has hereunto caused this Declaration to
be executed as of the date hereinabove set forth.
COUNTY OF HAWAII, a municipal KAILUA KONA VILLAGE
corporation DEVELOPMENT GROUP, LLC,
a Hawaii limited liability company
By By 1A (44AIRA
HARRY KIM WILLIAM J. KIMI, JR.
Its Mayor Its Manager
AGREED AND ACCEPTED:
By
Plannmg vector
County of Hawaii
2006
Date: AUG 16
Agreed as to Form and Legality
By
Deputy orporation Counsel
Date:
-8-
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this day of 7 , 2006, before me personally appeared
WILLIAM J. KIMI, JR., to me person y known/proved to me on the basis of satisfactory
evidence, who, being by me duly sworn or affirmed, did say that such persons executed the
foregoing instrument as the free act and deed of such persons, and if applicable in the capacity
shown, having been duly authorized to executent in su apacity.
J%V
T v
Notary Public, State of Hawaii
°~c~j D
My commission expires: a r -
O
~'N=
4822-1343-5649.1.023295-00009
12" 4'
OF 1A
/111111111101
#16511.3 EASEMENT "P-1"
EASEMENT "P-1"
(10-FT. WIDE)
FOR PEDESTRIAN ACCESS PURPOSES
OVER AND ACROSS LOT 1 (AS SHOWN ON MAP 2)
OF LAND COURT APPLICATION 975
Land situated along the Westerly portion of Lot 1 at Keopu 3rd and Honuaula 1st, North
Kona, Island and County of Hawaii, State of Hawaii.
Being a portion of:
Lot 1 (as shown on Map 2) of Land Court Application 975.
Beginning at the Southwesterly corner of this easement, being also the Southwesterly
comer of Lot 1, and being the Northwesterly corner of Land court Application 1547, the coordinates
of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH
MERIDIAN)" being 1,471.00 feet South and 39.06 feet East and running by azimuths measured
clockwise from True South:
1. 173° 36 10.75 feet along the Westerly boundary of said Lot 1
to a point;
Thence, for the next four (4) courses following along the remainder of Lot 1:
2. 247' 47' 20.69 feet to a point;
Thence, following on a curve to the left with a radius of 8.00 feet, the chord azimuth and
distance being:
3. 207° 17' 30" 10.39 feet to a point;
4. 166° 48' 46.90 feet to a point;
5. 167° 50' 70.69 feet to a point;
EXHIBIT A
#16511.3 Page 1 of 2
WES THOMAS ASSOCIATES
- Land Surveyors -
75-5749 Kaiawa Street, Kadua-Kona, Hawaii 95740-1817
#16511.3 EASEMENT "P-1"
6. 239° 42' 10.52 feet along the sea and along the Northerly
boundary of said Lot 1 to a point;
Thence, for the next five (5) courses following along the remainder of Lot 1:
7. 347° 50' 73.88 feet to a point;
8. 346° 48' 46,81 feet to a point;
Thence, following on a curve to the right with a radius of 18.00 feet, the chord azimuth and
distance being:
9. 27° 17' 30" 23.38 feet to a point;
10. 67° 47' 13.13 feet to a point;
11. 353° 36' 1.16 feet to a point;
12. 65° 16' 2.04 feet along Land Court Application 1547 to a
point;
13. 73° 53' 8.18 feet along Land Court Application 1547 to the
point of beginning and containing an area of
1,605 Square Feet.
T ?q WES THOMAS ASSOCIATES
LICENSED y
Ux FROFiF:SS!OVAL
LAND
Su;vL~Y,q
. Chrystal Thomas Yamasakl
P Licensed Professional Land Surveyor
~q~?Ail, U' State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-5-007: portion 021 (3rd Division)
July 22, 2006
#16511.3 Page 2 of 2
WES THOMAS ASSOCIATES
- Land Surveyors -
75-5749 Kaiawa Street, Kaiiua-Kona, Hawaii 96740-1817
#16511.3 EASEMENT "P-2"
EASEMENT "P-2"
(10-FT. WIDE)
FOR PEDESTRIAN ACCESS PURPOSES
OVER AND ACROSS LAND COURT APPLICATION 1547
Land situated along the Westerly boundary of Land Court Application 1547 at Honuaula 1 st,
North Kona, Island and County of Hawaii, State of Hawaii.
Being a portion of:
Land Court Application 1547.
Beginning at the Northwesterly comer of this easement, being also the Northwesterly
corner of Land Court Application 1547 and the Southwesterly corner of Lot 1 (as shown on Map
2) of Land Court Application 975, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,471.00 feet South and 39.06
feet East and running by azimuths measured clockwise from True South:
1. 253° 53' 8.18 feet along Lot 1 (as shown on Map 2) of Land
Court Application 975) to a point;
2. 245° 16' 2.04 feet along Lot 1 (as shown on Map 2) of Land
Court Application 975) to a point;
3. 353° 36' 0.43 feet along the remainder of Land Court
Application 1547 to a point;
4. 335° 28' 34.59 feet along the remainder of Land Court
Application 1547 to a point;
5. 65° 16' 7.77 feet along Lot 2-A (as shown on Map 3) of Land
Court Application 975 to a point;
6. 25° 44' 2.90 feet along Lot 2-A (as shown on Map 3) of Land
#16511.3 Page 1 of 2
WES THOAVAS ASSOCIATES
- Land Surveyors -
75-5749 Kalawa Street, Kailua-Kona, Hawaii 96740-1817
16511.3 EASEMENT "P-2"
Court Application 975 to a point;
7. 155° 28' 38.07 feet along the Westerly boundary of Land Court
Application 1547 to the point of beginning and
containing an area of 357 Square Feet.
T. yq WESTHHJOMAS ASSOCIATES
LICENSED y
U PROFc$$,'ONAL 'n
LAND
So. C
N .3 1 * Chrystal Thomas Yamasaki
O" Licensed Professional Land Surveyor
yRit%+n, C SP State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-5-007: portion 021 (3rd Division)
July 22, 2006
#16511.3 Page 2 of 2
WES THOMAS ASSOCIATES
- Land Surveyors -
75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1617
#16511.3 EASEMENT T-3"
EASEMENT "P-3"
(10-FT. WIDE)
FOR PEDESTRIAN ACCESS PURPOSES
OVER AND ACROSS LOT 2-A (AS SHOWN ON MAP 3)
OF LAND COURT APPLICATION 975
Land situated along the Westerly portion of Lot 2-A and a strip from AIN Drive thru Lot 2-A
at Honuaula 1st and Hienaloli 1st, North Kona, Island and County of Hawaii, State of Hawaii.
Being a portion of.
Lot 2-A (as shown on Map 3) of Land Court Application 975.
Beginning at the Northwesterly corner of this easement, being also the Northwesterly
corner of Lot 2-A, and being an angle point on the Southerly boundary of Land Court Application
1547, the coordinates of said point of beginning referred to Government Survey Triangulation
Station "KAILUA (NORTH MERIDIAN)" being 1,503.03 feet South and 56.15 feet East and running
by azimuths measured clockwise from True South:
1. 245° 16' 7.77 feet along Land Court Application 1547 to a
point;
Thence, for the next eleven (11) courses following along the remainder of Lot 2-A:
2. 335° 28' 6.57 feet to a point;
3. 25" 44' 60.57 feet to a point;
4. 338° 57' 30" 212.95 feet to a point;
5. 238° 35' 78.23 feet to a point;
6. 228° 12' 18.33 feet to a point;
#16511.3 Page 1 of 3
WES THOIRAS ASSOCIATES
- Land Surveyors -
75-5749 Kalaws Street, Kailua-Kona, Hawaii 96740-1817
916511.3 EASEMENT "P-3"
7 221= 18' 20.43 feet to a point;
8. 184° 001 11.55 feet to a point;
9. 240° 09' 32.66 feet to a point;
10. 226° 23' 31.09 feet to a point;
11. 150° 09' 57.08 feet to a point;
12. 240° 09' 56.00 feet to a point;
13. 330° 09' 10.00 feet along the Westerly side of Ali'i Drive to a
point;
Thence, for the next seventeen (17) courses following along the remainder of Lot 2-A:
14. 60° 09' 46.00 feet to a point;
15. 330° 09' 54.92 feet to a point;
16. 46° 23' 40.15 feet to a point;
17. 60° 09' 28.54 feet to a point;
18. 4° 00' 9.59 feet to a point;
19. 41 ° 18' 24.41 feet to a point;
20. 48° 12' 19.84 feet to a point;
21. 58° 35' 80.97 feet to a point;
22. 338° 57' 30" 171.38 feet to a point;
23. 76° 47' 14.18 feet to a point;
24. 58° 47' 26.44 feet to a point;
25. 328° 12' 45.36 feet to a point;
26. 59° 16' 5.43 feet to a point;
27. 334° 37' 33.56 feet to a point;
28. 311 ° 36' 31.28 feet to a point;
29239° 48' 95.42 feet to a point;
#16511.3 Page 2 of 3
WES THCMAS ASSOCIATES
- Land Surveyors -
75-5749 Ka/awa Street, Kadua-Kona, Hawaii 96740-1817
106511.3 EASEMENT "P-3"
30. 288° 45' 13.26 feet to a point;
31. 59° 48' 111.36 feet along the Southerly face of CRM wall and
along the Southerly boundary of Lot 2-A to a
point;
32. 131 ° 36 40.55 feet partially along Westerly face of CRM wall
and along the Westerly boundary of Lot 2-A to
a point;
33. 154° 37' 44.70 feet partially along Westerly face of CRM wall
and along the Westerly boundary of Lot 2-A to
a point;
Thence, for the next three (3) courses following along the Westerly face of CRM wall:
34. 239° 16' 4.35 feet to a point;
35. 148° 12' 45.28 feet to a point;
36. 238° 47' 38.13 feet to a point;
37. 256° 47' 4.30 feet along the Westerly boundary of Lot 2-A to
a point;
38. 158° 57' 30" 387.35 feet along Westerly face of wall and along the
Westerly boundary of Lot 2-A to a point;
39. 205° 44' 63.10 feet partially along Westerly face of wall and
along the Westerly boundary of Lot 2-A to the
point of beginning and containing an area of
10,298 Square Feet.
~yAPV T Ygf2q WES THOMAS ASSOCIATES
Q LICENSED y~
U~ PROFESSIONAL
LAND
* SURVEYOR
N0.4331
Chrystal Thomas Yamasaki
tigWgti,U`'P Licensed Professional Land Surveyor
State of Hawaii Certificate No. LS-4331
75-5749 Kalawa Street
Kailua-Kona, Hawaii 96740-1817
TMK: 7-5-007: portion 021 (3rd Division)
July 22, 2006
#16511.3 Page 3 of 3
WES THOMAS ASSOCIATES
- Land Surveyors -
75-5749 Kalawa Street Kailua-Kona, Hawaii 96740-1817
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EXHIBIT 8