HomeMy WebLinkAboutCOM 0144.000 2006-2008LINDA UNGLE
GOVERNOR OF HAWAII
Mr. Roy K. Nakamoto
Nakamoto, Okamoto & Yamamoto
Attorneys at Law, A Law Corporation
187 Kapiolani Street
Hilo, Hawaii 96720-2687
Dear Mr. Nakamoto:
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STATE OF HAWAII
DEPARTMENT OF HEALTH
PO. BO% 3378
HONOLULU, HAWA1196801
CHIYOME LEINAALA FUKINO, M.D.
DIRECTOR OF HEALTH
In reply, please retar to:
EMD/WB
W W 232 FINAL DEC -deed
wb70044
January 18, 2007
Subject: Variance Application No. WW 232 Docket No. O6-VWW-21
Granted: December 29, 2006 for one (1) Year
Honokaa-Waipio Government Main Road, Honokaa, Hawaii
TMK: (3) 4-5-009: 012
Thank you for the follow-up to the above referenced Variance Application. We reviewed the
Warranty Deed provided and concur that it fulfills the requirement as stated in item # 3 and # 4
of the Decision & Order and Comment and Recommendation (in the Findings of Fact and
Conclusions of Law).
Please provide an copy of the executed Warranty Deed to the Department such that we can
complete our review of the septic systems and process Mr. Yamada's plans. Should you have
any further questions or concerns, please do not hesitate to contact Mr. Harold Yee, Chief of the
Wastewater Branch at our direct toll free phone number 974-4000 ext. 64294, fax
(808) 586-4300.
Sincerely,
~ `
THOMAS E. A~tIZUMI, P.E.; CHIEF
Environmental Management Division
Enclosures
c: Mr. & Mrs. Cary Yamada (w/o encl.)
Mr. Dennis T. Inouye (w/encl.)
Clean Water Branch (w/encl.)
Environmental Planning Office (w/encl.)
Safe Drinking Water Branch (w/encl.)
Wastewater Branch -Hilo Staff Engineer (w/encl.)
Department of Water Supply -County of Hawaii (w/encl.)
Istrict Health Office -Hilo (w/encl.)
County of Hawaii Council (w/encl.)
Comm. No. I___ ~ _
Ref• Tpl q 20U7
fief, Date JAS-=
NAKAMOTO, OKAMOTO & YAMAMOTO
ATTORNEYS AT LAW, A LAW CORPORATION
Roy K. Nakamoto 187 Kapiolani Street Telephone (808) 961-0641
Alan M. Okamoto Hilo, Hawaii 9 6 7 2 0- 2 6 8 7 Fax (808) 935-3872
Jerel I. Yamamoto
Henry T. Nakamoto January 5, 2007
Thomas E. Arizumi, P.E., Chief
Environmental Management Division
State of Hawaii
Department of Health
P.O. Box 3378
Honolulu, Hawaii 96801-3378
Attn: Mr. Hazold Yee, Chief
Re: Vaziance Application No. W W 232 Docket No. 06-V W W-21
Proposed Septic System to Serve Two Existing Dwellings
Honokaa - Waipio Government Main Road, Honokaa, Hawaii
TMK: (3) 4-5-009: 012
Deaz Mr. Yee:
To comply with the Decision and Order to record the covenant or warranty deed
with the Bureau of Conveyance, I am submitting a proposed Warranty Deed for your
review and approval before I record it in the Bureau of Conveyances.
The covenants of pazagraphs two and three of the Decision and Order appeaz in
paragraphs one and two of Exhibit A, page 2 of the proposed deed. If you wish to
include other language, please let me know.
Meanwhile, the applicants, Cary and Wonda Yamada, have asked me to work on
their estate plan which would involve transferring the property that is mentioned in the
variance to their revocable living trust. The deed shows that the Grantee is themselves as
trustees of their family trust. The covenant required by your department, of course, is
included in the deed. I have drafted this deed from themselves to their trust to save costs
and to avoid making an additional deed. If, on the other hand, because the applicants aze
themselves, individually, and the deed to their trust is not acceptable, please let me know
and I will draft the deed so it will be to themselves, individually and not to their trust.
Your response will be appreciated.
Very truly yours, ,~
L 4"
Ro~ Nakamoto
NAKAMOTO, OKAMOTO & YAMAMOTO
-\"fTORNEYS Al' LAW'. A LAW CORPORATION
RKN: lan
Enclosures
cc w/ enc: Mr. Harold Yee, Chief
Wastewater Branch
919 Ala Moana Blvd., Room 309
Honolulu, Hawaii 96814-4920
Mr. Dennis T. Inouye
Mr. and Mrs. Cary K. Yamada
LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail ( x ) Pickup ( ) To:
Nakamoto, Okamoto & Yamamoto
187 Kapiolani Street
Hilo, Hawaii 96720
TITLE OF DOCUMENT:
WARRANTY DEED
PARTIES TO DOCUMENT:
Grantor: GARY K. YAMADA and WONDA M. YAMADA, husband and
wife
Grantees: GARY K. YAMADA and WONDA M. YAMADA, Trustees of
the GARY K. YAMADA FAMILY REVOCABLE TRUST dated
whose address is P.O. Box
1211, Honokaa, Hawaii 96727
Affects: TMK (3rd) 4-5-09: 12 Thie document contains
pages.
1
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That GARY K. YAMADA and WONDA M. YAMADA, husband and wife,
whose address is P.O. Box 1211, Honokaa, Hawaii 96727, hereinafter
called the Grantors, for and in consideration of the sum of ONE
DOLLAR ($1.00) to them in hand paid by GARY K. YAMADA and WONDA M.
YAMADA, whose address is P.O. Box 1211, Honokaa, Hawaii 96727,
Trustees of the Cary K. Yamada Family Revocable Trust dated
hereinafter called the Grantees, the
receipt whereof is hereby acknowledged, have sold and by these
presents do hereby bargain, sell, assign, convey and transfer unto
the said Grantees, all of the property, including covenants
concerning septic systems and cesspools on the property, described
in Exhibit A, attached hereto and by reference made a part hereof.
TOGETHER, with all and singular the improvements, tenements,
rights, easements, privileges, hereditaments and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion
and reversions, remainder and remainders, rents, issues and
profits thereof.
TO HAVE AND TO HOLD the same unto the said Grantees, their
heirs and assigns and successors in trust, forever, for the uses
2
and purposes set forth in said Cary K. Yamada Family Revocable
Trust, as the same now exists or as it may hereafter be amended,
with full power in the Trustee to sell, convey, exchange,
mortgage, lease, assign, hold, or otherwise deal with and dispose
of the said property in accordance with the terms of said Cary K.
Yamada Family Revocable Trust.
And the said Grantors do hereby covenant to and with the
said Grantees, their heirs and assigns and successors in trust,
that they are seized in fee of the said granted premises; that
they have good right and lawful authority to sell and convey the
same; that the same is free and clear of encumbrance of every kind
and character, save and except as noted on said Exhibit A; and
that they will and their successors and assigns shall WARRANT and
DEFEND the title thereto against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the said Grantors have hereunto
executed these presents on this day of
2007.
GARY K. YAMADA
WONDA M. YAMADA
Grantors
3
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this day of 2007, before
me personally appeared GARY K. YAMADA and WONDA M. YAMADA, to me
known to be the persons described in and who executed the
foregoing instrument, and acknowledged that they executed the
same as their free act and deed.
Notary Public,
State of Hawaii
My commission expires:
4
gXFIIBIT A
All of that certain piece or parcel of land situate at
Nienia, Hamakua, Hawaii, being a portion of Grant 2161 to
Kaaukai, and being more particularly described as foLloars:
Beginning at a pipe at the Northeast corner of this parcel
of land and on the southerly boundary o£ Grant 2160 to Luhia and
Ka%+aa, the Coordinates of said point of beginning referred to
Government Survey Triangulation Station "Kaao" being 2398.15 feet
North and 4222.41 feet West, and running by azimuths measured
clockwise from true South:
1. 6° 22' 86.98 feet along property of K.
Yamada and wife, Kimlye, to a
pipe;
2. 91° 10' 20" 276.55 feet along the northerly side
of the Honokaa-Waipio
Government Main Road to a
pipe;
3. 92° 45' 42.50 feet along the northerly side
of the Honokaa-Waipio
Government Main Road to a
pipe;
4. 107° 15' 52.50 feet along the northerly side
of the Honokaa-Waipio
Government Main Road to the
middle of NLenie Gulch; then
along the windings of the
mlddle of Nienie Gulch to a
point in middle of said Gulch,
the direct azimuth and
distance being:
5. 231° 51' 15" 164.94 feet;
6. 278° 50' 252.00 feet along the southerly
boundary of Grant 2160 to
Luhia and Kawaa to the point
of beginning and containing an
area of 32,729 square feet.
5
SUBJECT HOWEVER, to any reservations, restrictions,
covenants or conditions, if any, as contained in Grant 2161.
Less a portion of the above property transferred to the
Government .f or the Honokaa-Waipio Government Main Road leaving a
net area of 28,060 square feet, being the property described in
TMK (3rd)4-5-09:12.
SUBJECT FURTHER HOWEVER, that the following covenants shall
apply to this property:
1. A septic system serving the 3-bedroom and 2-bedroom
dwelling units and the two (2) existing cesspools each
serving a two (2) bedroom dwelling unit is considered
collectively two (2) individual wastewater systems by
the State of Hawaii Department of Health, and the
combined number of bedrooms or bedroom-like rooms (as
determined by the Department of Health) in the four
(4) dwelling units cannot exceed a maximum of ten
bedrooms or bedroom-like rooms.
2, No building modifications, alterations or additions
will be allowed that will increase wastewater flows to
more than ten (10) bedrooms or bedroom-like rooms. No
more than ten (10) bedrooms or bedroom like rooms will
be allowed without the written consent of the
Department of Health.
3. The covenant shall run with the title to the property
and shall be binding upon the parties and their
respective heirs, successors and assigns.
6
• Transmittal Date: Sue ense Date:
Wastewater Branch Valiance A Iication Docket No. O -VWW- 2- APP # WW
Name/Title: uyY1,~GfA. {ro
Subject: Additiona f a n for ove ent d Valiance Application
Wa e2Gf i
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For questions: Mr. Harold Yee, Chief, Vastewater Branch
919 Ala Moana Blvd. Room 309
Honolulu, Hawaii 9681q-4920
phone (808) 586-4294 fax (808) 586-4300.
2007 variance route sAp - a~ttachmerrt - addttlonal Info.wpd as of OFtB-07 vww