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Home My WebLink AboutCOM 0222.000 2006-2008 0 f~OSO~i ~ LINDA LINGLE ~ CHIYOME LEINAALA FUKINO, M.D. GOVERNOR OF HAWAII DIRECTON Or HEALTH f: 3s.,,1...:...,~ti ~ n STATE OF HAWAII DEPARTMENT OF HEALTH PO. BOX 3378 In reply, please refer to: HONOLULU, HAWAII 96801 EMD / WB W W 232 -deed receipt February 28, 2007 , .N. Mr. Roy K. Nakamoto Nakamoto, Okamoto & Yamamoto ` ~ 7 n Attorneys at Law, A Law Corporation ~ = 187 Kapiolani Street `-a m Hilo, Hawaii 96720-2687 -o Dear Mr. Nakamoto: Subject: Variance Application No. WW 232 Docket No. 06-VWW-21 w Recorded Deed -Document No. 2007-019663 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 referenced Variance. We received the Warranty Deed and will file it in Variance Application folder. Thank you once again for your cooperation and assistance in the finalizing of the Variance Application. 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, /J/ , THOMAS E. ARIZUMI; P.E., HIEF Environmental Manage Division Enclosures c: Mr. 8 Mrs. Cary Yamada (w/o encl.) Mr. Dennis T. Inouye (w/o 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.) District Health Office -Hilo (w/encl.) aunty of Hawaii Council (w/encl.) ^ ZZ Comm. No. Ref. To: Ref, Dote (si~1=~ z NAKAMOTO, OKAMOTO & YAMAMOTO `EB ~ ,1 ATTORNEYS AT LAW, A LAW CORPORATION Roy K. Nakamoto 18 7 Kapiolani Street Telephone (808) 961-0641 A Ian M. Okamoto Hilo, Hawaii 9 6 7 2 0- 2 6 8 7 Fax (808) 935-3872 Jerel I. Yamamoto t Henry T. Nekamoto .W.,,~- February 15, 2007 A~ ~ i`olw~ eCa~ 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: Variance Application No. WW 232 Docket No. 06-VWW-21 Granted: December 29, 2006 for one (1) Yeaz Honokaa - Waipio Government Main Road, Honokaa, Hawaii TMK: (3) 4-5-009: 012 Dear Mr. Yee: The Warranty Deed from Cary K. Yamada and Wonda M. Yamada to their family trust with the covenants concerning the requirements for the septic system, etc., was recorded in the State of Hawaii, Bureau of Conveyances on February 1, 2007, as Document No. 2007-019663. For your files, I am enclosing a copy of the deed showing the recordation information. If you have any questions, please let me know. Very truly you1rs, v j~~~ ~ ~2~ Roy~K. Nakamoto RKN: lan Enclosures NAKAMOTO, OKAMOTO & YAMAMOTO ATTORN EYS A f LA W. A LA W CORPORA TION Page Two February 15, 2007 cc w/ enc: Mr. Hazold Yee, Chief Wastewater Branch 919 Ala Moana Blvd., Room 309 Honolulu, Hawaii 96814-4920 Mr. Dennis T. Inouye Mr. and Mrs. Cary K. Yamada (w/out enclosures) '~'2:r ,;rr t`a Dx 2007-019663 . FEB 01, 2007 08:02 AM LAND COURT 3Y3TSM REGULAR 3YSTEM Raturn by Mail ( x ) Pickup ( ) To: Nakamoto, Okamoto & Yamamoto 187 Rapiolani Street Hilo, Hawaii 96720 TITLE OF DOCVMSNT: WARRANTY DSSD PARTIS3 TO DOCUMENT: Graator: CARY R. YAMADA and WONDA M. YAMADA, husband and wife Grantees: CARY R. YAMADA and WONDA M. YAMADA, Trustees of the GARY R. YAMADA FAMILY REVOCABLB TRUST dated _k7n c+~~ 2~0 ~ , whose address is P.O. Box 1211, Honokaa, Hawaii 96727 Affects: TMR (3rd) 4-5-09: 12 This document contains 'p pages. 1 Y7ARRANTY 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 9672?, 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 ~Gnuar~Zl~,ZCU~ 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, hereditamenta 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 persona whomsoever. IN WITNESS WHEREOF, the said Grantors have hereunto w. executed these presents on this day of ~,Civ~~-acl % v~ 2007. ARY I Y A ~i~ WONDA M. Y A Grantors 3 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this ZfoM day of ~~~'-1 ~-+a r'~ 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. / !~-~.~-d CB Y. d Notary Public, State of Hawaii _ ~ My commission expires:--/ ~/--G-~t/ -~-D 7 4 EXHIBIT A All of that certain piece or parcel of Land situate 3t Nienie, Hamakua, Ha•.raii, being a portion of Grant 216E to Kaaukai, and being more particularly described as follows: 9eginning at a pipe at the :northeast corner o~ this parcel of land and on the southerly boundary oc- Grant 21'00 to Guhia and Kawaa, 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 cLackwisa Erom true South: 1. 6° 22' 86.98 feet along property of K. Yamada and wife, Kimiye, to a pipe; 2. 41° LO' 20" 276.55 fee*. aL~ng the northerly side of the Honokaa-~daipio Government Main Road to a pipe; 3. 92° 45' 42.50 feet alanq the northerly side of the Honokaa-Waipio Government Main Road to a pipe; 4. 107° 15' 52.50 feat along the northerly side of the Honokaa-Waipio Government Main Road to the middle of Nienie Gulch; then along the windings of the middle of Nienie Gulch to a point in middle of said Gulch, the direct azimuth and distance being: 5. 231° 51' 15" 154.94 feet; 6. 278° 50' 252.00 Feet along the southerly boundary of :,rant 2160 to Luhia and Kawaa to the point of heginninq and cantaininq an 3r9d OE 32,723 3~~13re f2~*_. 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 for 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 roams (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