HomeMy WebLinkAboutCOM 0637.000 1994-1996 Ntrosh ,
��
�Gi;� Virginia Goldstein
Stephi K.Yamashiro �`�,,�°`��j�. Director
Mayor ---tom_
• Norman Olesen
•;•. °.:•�` Deputy Director
Gaunt of Au1uatt
PLANNING DEPARTMENT
25 Aupuni Street,Room 109 • Hilo,Hawaii 96720.4252
_ (808)961.8288 • Fax(808)961-9615
August 3, 1995
•
Steven S. C. Lim, Esq.
Carlsmith Ball Wichman Case & Ichiki
Attorneys At Law
121 Waianuenue Avenue
Hilo, HI 96721-0686
Dear Mr. Lim:
Change of Zone Ordinance No. 90-63 and as amended
by Ordinance No. 93-76 (REZ 663)
Applicant: Pualani Estates, Inc. /International Assets, Ltd.
Annual Progress and Compliance Report
Tax Map Key: 7-5-17:28 and 29
Thank you for your letter dated July 26, 1995, providing an
annual progress report of the proposed development as required by
Condition 0 of the above-referenced ordinance. A copy of your
report will be transmitted to the County Council and the Planning
Commission for their information.
Please contact Alice Kawaha or Susan Gagorik of this office
should you have any questions.
Sincerely,
a - -(J CLIaJ!✓%1
IRGINIA GOLDSTEIN
Planning Director
AK:mjs
Llim0l,agk
xc w/ltr: Honorable Keiko Bonk-Abramson and Members
of the Hawaii County Council
Planning Commission
West Hawaii Office �1
Coma. No; �•J
File 'No. �•- bPA/U
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CARLSMITH BALL WICHMAN CASE &T ICHIKI
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANUENUE AVENUE
POST OFFICE BOX 686
HILO, HAWAII 96721-0686
TELEPHONE(808)935-6644
FAX(808) 935-7975
July 26, 1995
Ref#03-4466-2
pua-cnty.rpt
Virginia Goldstein
Planning Director
Planning Department
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Change of Zone Ordinance No. 90-63 as amended by
Change of Zone Ordinance No. 93-76
Applicant: Pualani Development Company
Successor Applicant: Pualani Estates, Inc . /
International Assets, Ltd.
Project: Pualani Estates
Tax Map Keys : ( 3) 7-5-17 :28 and 29
Annual Progress and Compliance Report
Dear Ms . Goldstein:
Effective August 9, 1993, Hawaii County Change of
Zone Ordinance No. 93-76 modified Change of Zone Ordinance No.
90-63, which reclassified 99 . 3 acres of land from an Unplanned
(U) designation to Single-Family Residential (RS-7 . 5) and (RS=
20) designations for tax map key parcels ( 3) 7-5-17 :28 and 29 .
In compliance with Condition 0 of Ordinance No. 93-
76, successor applicant Pualani Estates, Inc . /International
Assets, Ltd. , submits its 1995 annual report for the subject
project, outlining its compliance with the substantive
conditions of the above-described rezoning approval and listing
in order the governmental "REQUIREMENT" and the applicant's
"RESPONSE" to the same.
j,O 3
HONOLULU KAPOLEI • HILO • KONA • MAUI GUAM • SAIPAN • LOS ANGELES •WASHINGTON, D.C. • MEXICO CITY
Of
Virginia Goldstein
Planning Director
July 26, 1995
Page 2
REQUIREMENT:
(A) the applicant, successors, or assigns shall be
responsible for complying with all of the stated
conditions of approval .
RESPONSE:
Successor applicant Pualani Estates, Inc . /
International Assets, Ltd. (hereinafter "Applicant") will
abide by the conditions of rezoning approval contained in
Ordinance No. 93-76 .
REQUIREMENT:
(B) the required water commitment payment shall be
submitted to the Department of Water Supply in
accordance with its "Water Commitment Guidelines
Policy" within ninety days from the date of approval
of the change of zone.
RESPONSE:
On October 3, 1990, the Department of Water Supply
acknowledged receipt of the required $432,000 . 00 water
commitment payment from original applicant Pualani Development
Company. See, Exhibit A attached to Applicant's 1994 annual
report dated July 11, 1994 (hereinafter "1994 annual report) .
The remaining water commitment fee for the subdivision shall be
paid by Applicant prior to final subdivision approval .
REQUIREMENT:
(C) revised tentative subdivision plans for the proposed
development shall be submitted to the Planning
Department within one year from the effective date of
this change of zone amendment. Final subdivision
approval shall be secured within two years from the
effective date of this change of zone amendment.
Plans for necessary infrastructural improvements
including off-site roadway and an off-site water
system, shall be submitted in conjunction with
• .,
Virginia Goldstein
Planning Director
July 26 , 1995
Page 3
construction drawings for final subdivision
approval .
RESPONSE:
On December 2, 1993, the Planning Department granted
revised tentative subdivision approval of the project. See,
Exhibit B to 1994 annual report.
On October 17, 1994, the Planning Department granted
Applicant a one-year extension of time until December 2, 1995,
for the submittal of a final plat map. See, Exhibit A attached
hereto. Applicant is currently finalizing all project
requirements for final subdivision approval pursuant to its
final plat map submittal on July 5, 1995 .
REQUIREMENT:
(D) a drainage system shall be installed in accordance
with the requirements of the Department of Public
Works .
RESPONSE:
Applicant will comply with the foregoing condition
addressing drainage improvements for the project.
Also, on June 9, 1995, the State Department of Health
approved construction of the remaining 24 of 60 injection
drywells for the project. See, Exhibit B attached hereto.
REQUIREMENT:
(E) access (es) shall meet with the approval of the
Departments of Transportation-Highways Division and
Public Works . Further, Queen Kaahumanu Highway shall
be improved with a fully channelized intersection,
including deceleration, acceleration and left-turn
land(s) , and which may include signalization, meeting
with the requirements of the Department of
Transportation. These improvements shall be provided
prior to the occupancy of the first house(s) within
the subdivision. Traffic signals shall be installed
p ♦ •
Virginia Goldstein
Planning Director
July 26, 1995
Page 4
by the applicant, successors or assigns at such time
when warranted and deemed necessary by the State
Department of Transportation-Highways Division.
RESPONSE:
On April 12, 1995, the State Department of
Transportation approved Applicant's plans for the project
access road intersection with the Queen Kaahumanu Highway.
See, Exhibit C attached hereto. On June 5, 1995, the County
Department of Public Works signed off on said access plans .
REQUIREMENT:
(F) the interior subdivision roads shall be provided with
curbs, gutters and sidewalk improvements; and a
mauka-makai collector road shall be constructed
within the subject property which shall include a
mauka stubout which would lead toward eventual
connection to Hualalai Road. The applicant shall
delineate and dedicate to the County of Hawaii a
sixty-foot right-of-way within the mauka portion of
the subject property for this eventual connection to
"_ Hualalai Road. The costs of construction for this
connection to Hualalai Road shall not be the
responsibility of the applicant. The applicant shall
also provide a private one-way single lane paved
access easement extending to Hualalai Road through
the subject property to be used only for emergency
purposes which may be gated with an appropriate
breakaway feature. This access shall be designed to
permit only a right turn exit from the subject
property with striping and demarcation for safety
measures . The applicant shall maintain the emergency
access until such time the construction of the mauka-
makai collector road is completely connected to
Hualalai Road and at which time the emergency access
shall be abandoned. The applicant shall provide
selected internal north-south roadways which extend
to the boundaries to provide future traffic
connection with adjacent properties and shall include
in the restrictive covenants in the deeds of all the
proposed lots informing all purchasers that the
streets within the subject property may become future
i
Virginia Goldstein
Planning Director
July 26, 1995
Page 5
thoroughfares connecting to adjoining properties .
These improvements shall be provided within twenty-
four (24) months from the date of final subdivision
approval and meeting with the approval of the
Department of Public Works .
RESPONSE:
On June 20, 1995, the Department of Public Works
informed Applicant that its Subdivision Construction plans,
including detailed drawings for interior roadways, were ready
for approval pending incorporation of revisions proposed by the
County. See, Exhibit D attached hereto.
REQUIREMENT:
(G) an archaeological data recovery and preservation plan
shall be submitted to the Department of Land and
Natural Resources, Historic Sites Section and the
Planning Department for review prior to preliminary
plat map submittal. The archaeological data recovery
and preservation shall be in conformance with the
accepted plan and shall be completed prior to any
alterations on the property.
RESPONSE:
On January 18, '1995, the State Department of Land and
Natural Resources, Historic Sites Section confirmed that data
recovery fieldwork had been satisfactorily completed and that
the agency was reviewing Applicant's final report on said
fieldwork. See, Exhibit E attached hereto.
On January 18, 1995, the DLNR-Historic Sites Section
also approved commencement of land alteration work on the
project site, on the condition that protective fencing was in
place surrounding the heiau preserve area. See, Exhibit E. On
January 20, 1995, project archaeologists PHRI confirmed that
protective fencing was still in place along the aforementioned
buffer zone. See, Exhibit F attached hereto.
Note: As indicated in Applicant's 1994 annual
report, the reinterment of remains within the preserve area
Virginia Goldstein
Planning Director
July 26 , 1995
Page 6
was conducted by the DLNR-Historic Sites Section, Hawaii Burial
Council and project archaeologists PHRI on July 5, 1994 .
REQUIREMENT:
(H) should any unidentified sites or remains, such as
artifacts, shell, bone or charcoal deposits, human
burials, rock or coral alignments, pavings, or walks
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.
RESPONSE:
The Applicant will continue to abide by the
guidelines set forth above for treatment of archaeological
sites and remains .
REOUIREMENT:
(I) to ensure that the Goals and Policies of the Housing
Element of the General Plan are implemented, the
applicant shall work with the Office of Housing and
Community Development and the Planning Department to
formulate a housing plan for the development to
assure it addresses the affordable housing needs of
the community and the affordable housing condition
imposed by the State Land Use Commission. This
housing plan shall be approved by the County Housing
Agency prior to final subdivision approval 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, however, 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.
f
Virginia Goldstein
Planning Director
July 26, 1995
Page 8
to final subdivision approval. A park maintenance
and operational plan shall be submitted for review
and approval by the Planning Department in
consultation with the Department of Parks and
Recreation in conjunction with final subdivision
approval. Until such time that the park is 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: 1) obligate the subdividers,
purchasers, occupants, or association in the
subdivision to maintain the park in perpetuity; and
2) empower the County, through the Department of
Parks and Recreation, to enforce covenants to
maintain the 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 land and properties in
the subdivision to a lien until the cost of the work
performed by the County has been reimbursed. At the
minimum, access to the recreational park shall be
gained from within the subdivision. The park shall
be completed within one year from the occupancy of
the first home.
RESPONSE:
Pursuant to the foregoing condition, on June 19 ,
1995, Applicant submitted to the County for review and approval
a "Maintenance and Operational Park Plan for the William
Charles Lunalilo Playground at Puapuaanui" and its
"Declaration of Covenant for Park Maintenance" . See, Exhibit H
attached hereto.
On July 19, 1995, the Office of the Corporation
Counsel approved said Park Plan and Covenant as complying with
the rezoning requirements of Condition J of Ordinance No. 93-
76 . See,, Exhibit I attached hereto.
f
Virginia Goldstein
Planning Director
July 26 , 1995
Page 9
REQUIREMENT:
(K) as represented by the applicant, restrictive
covenants in the deeds of all the proposed lots shall
prohibit the construction of a second dwelling unit
on each lot. A copy of the proposed covenant(s) to
be recorded with the Bureau of Conveyances shall be
submitted to the Planning Department for review and
approval prior to final subdivision approval . A copy
of the approved covenant shall be recited in an
instrument executed by the applicant and the County
and recorded with the Bureau of Conveyances likewise
prior to final subdivision approval.
RESPONSE:
On November 21, 1991, the Planning Department
acknowledged receipt of deed restrictions and determined that
said deed restrictions complied with the conditions contained
in original Change of Zone Ordinance No. 90-63 governing the
project. See, Exhibit E to 1994 annual report.
Successor applicant Pualani Estates, Inc . /
International Assets, Ltd. will also comply with deed covenant
restrictions as modified by Change of Zone Ordinance No. 93-76 .
REQUIREMENT:
(L) comply with conditions of the State Land Use
Commission.
RESPONSE:
Applicant will comply with the conditions contained
in the State Land Use Commission's Decision and Order dated
September 13, 1989 in Docket No. A88-632, wherein the
Commission reclassified the subject project parcels from the
Agricultural to the Urban Land Use District.
V •
Virginia Goldstein
Planning Director
July 26, 1995
Page 10
REQUIREMENT:
(M) comply with all other applicable laws, rules,
regulations and requirements, including those of the
Departments of Health, Water Supply and Public Works .
RESPONSE:
Applicant will comply with all applicable State and
County regulations .
REQUIREMENT:
(N) 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 shall be credited towards
the requirements of the Unified Impact Fees
Ordinance.
RESPONSE:
Applicant is agreeable to the foregoing condition
related to Unified Impact Fee credits .
REQUIREMENT:
(0) an annual progress report shall be submitted to the
Planning Director prior to the anniversary date of
the effective date of this Change of Zone amendment."
The report shall address the status of the
development and the compliance with the conditions of
approval. This condition shall remain in effect
until all of the conditions of approval have been
complied and the Planning Director acknowledges that
further reports are not required.
RESPONSE:
In compliance with the foregoing condition, Applicant
submits herein its 1995 annual report.
• -
Virginia Goldstein
Planning Director
July 26 , 1995
Page 11
REQUIREMENT:
(P) an extension of time for performance of conditions
within the 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;
2 ) granting of the time extension would not be
contrary to the General Plan or the Zoning Code; 3)
granting of the time extension would not be contrary
to the original reasons for` the granting of the
permit; 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 not be met or
substantially complied within a timely fashion, the
Director shall initiate rezoning of the area to its
original or more appropriate designation.
RESPONSE:
Should Applicant require an extension of time for
performance of any of the foregoing conditions of rezoning, it
will request the same of the Planning Director in compliance
with the provisions set forth above.
• S
Virginia Goldstein
Planning Director
July 26 , 1995
Page 12
Thank you for the opportunity to present this annual
report on behalf of successor applicant Pualani Estates, Inc . /
International Assets, Ltd. Please feel free to contact me at
935-6644 should you have any questions concerning the foregoing
discussion.
Very truly yours,
CARLSMITH BALL
WICHMAN CASE & ICHIKI
STEVEN S. 1M
SSCL:JEC
Attachments
xc w/attachments: Grant Johnston
Robert West
Robert Triantos, Esq.
i
1' 'y ;. r►,/—, .,Virginia Goldstein
Stephen K.Yamashiro 4!,•:':="�%
• go!
Mayor Norman Olesen•
,' et•p`
Deputy Director
• ��'oi'Mi.•M
fIuixxtf r if Rairatii
PLANNING DEPARTMENT
• 25 Aupuni Street,Room 109 • Hilo,Hawaii 96720-4252
(808)961-8288 • Fax(808)961-9615
October 17, 1994
Steven S.C. Lim
Carlsmith Ball Wichman
Murray Case & Ichiki
Attorneys At Law
121 Waianuenue Avenue
PO Box 686
Hilo, HI 96721-0686
Dear Mr. Lim:
Subdivider: PUALANI ESTATES, INC.
Proposed consolidation/resubdivision
Puapuaaiki & Puapuaanui, North Kona, Hawaii
TMK: 7-5-17: 28 (SUB 90-143)
This is in response to your letter of October 12, 1994 .
Please be informed that an extension of time of one (1) year,
until December 2, 1995, for the submission of the final plat
map pursuant to Condition No . 31 of the letter of tentative
approval dated December 2, 1993, is hereby granted.
Please be advised that Ordinance No. 92-138, adopted by the
County Council on December 4, 1992, amended Chapter 23 of the
Hawaii County. Subdivision Control Code, in part, as follows :
"The subdivider shall complete all requirements specified
as conditions for approval of the preliminary plat
(tentative approval) within three years of said approval . "
The ordinance also makes provisions for those pending
subdivision applications which were granted tentative approval
prior to the adoption of said ordinance, as follows :
"This subsection shall be applied to all subdivision
applications which have received tentative subdivision
approval and which have not completed subdivision
improvements, provided the three year period, and
extension, if applicable, shall be taken from the effective
date of this ordinance . . . "
EXHIBIT A
• •
Steven S.C. Lim
October 17, 1994
Page 2
Therefore, all conditions of the tentative approval dated
December 2, 1993 , must be complied with by December 4 , 1996 .
A time extension of not more than two years may be granted by
the director- upon timely written request by the subdivider.
Should the conditions of tentative approval not be completed
within the time limit, the approval of the preliminary plat
shall expire and shall be of no further force or effect, or
shall be subject to the technical review of the applicable
agencies for compliance with current code and rule requirements .
If we can be of further assistance, please feel free to contact
Ed Cheplic of my staff .
Sincerely,
/61/".-14s14-.4-11‘-le-
RGINIA GOLDSTEIN
JPlanning Director
CLB: lm
5314D(5-6)
xc: 4 engineers
PLNG-KONA
DPW-ENG-KONA
Pualani Estates, Inc. c/o Robert D. Triantos , Esq.
Reid & Associates , Inc.
LUC 723 ; REZ 663
A0• 57
BENJAMIN J.CAYETANO _,. ry � LAwAENcE li:KIE
OOVERHOR OF HAWAII DIRECTOR OP m_:.\ItttiUt4Y/
STATE OF HAWAII
DEPARTMENT OF HEALTH aft' i f' In rep,,,please!5ti.r:):
P.O.BOX 3378 K:jL(IN:S _ EMD/SD'. s
HONOLULU,HAWAII 961301 ��i�i\I_i� L .• L e _-_._..
F.CT 7-7
7
June 9, 1995 1:4,0
'95 JUN 22 P3 :01
CAiq
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Mr. Grant Johnston, Director !SlSPAT�HEL---._ ;:.r.;,• ! �_
Pualani Estates, Inc. FILED _ _ rTr
.1SP
c/o Carlsmith Ball Law Office ---
P. O. Box 1720
.
Kailua-Kona, Hawaii 96745 c:
CAL
ATTENTION; Mr. Robert D. Triantos Tea, "°`__
Dear Mr. Johnston;
SUBJECT: PUALANI ESTATES RESIDENTIAL SUBDIVISION (DRYWELLS)
UNDERGROUND INJECTION CONTROL (UIC)
UIC APPLICATION NO. UH-1911
The Department of Health has completed its review of your preliminary
• application and has determined that the conditions for the granting of
approval to construct the remaining twenty-four (24) of the sixty (60)
injection drywells at the subject facility have been satisfied. Therefore,
you are hereby granted approval to construct the twenty-four (24) injection
drywells (drywells No. 35, 36, and 39 through 60) as indicated in your
preliminary plans.
Please be advised that this approval is strictly based on the plans and
information that were provided in the preliminary application dated
March 3, 1995. Any modifications to the injection drywell facility and
preliminary application, subsequent to this approval, shall be first approved
by the Department before implementation. Any construction of the injection
drywell facility without the approval of the Department will constitute a
violation of Chapter 11-23. '*
This approval to construct is valid for a time period of 180 calendar days
from the date of this letter. Unless construction is commenced within the
180-day time period, this approval to construct will be void. If construction
is expected to occur after the 180-day time period, you are required to apply
for a time extension of this approval a minimum of 30 days before the
expiration of this approval. Copies of this approval and the preliminary
application shall be kept at the construction site, where practicable, for
inspection by departmental personnel.
EXHIBIT B
,.,.� 7 ra' sr_c-carna :nT T-I'. c17Tl.ta^I?IH�:T.in�� 901 ' aT q,_77. -rill '•
• •
Mr. Grant Johnston, Director
June 9, 1995
Page 2
Please be advised that this approval to construct does not constitute an
approval to operate the injection facility upon completion of construction.
Depending on the data obtained during construction, an approval to operate may
or may not be issued.
The Department hereby acknowledges that naturally occurring rainfall runoff
water drainage into the drywells might occur once the drywells are
constructed, and hereby grants an interim approval for the use of the drywells
under this condition. Please be advised that unless the permitting process is
conducted in an expeditious manner, the interim approval will be rescinded and
compliance actions will be pursued.
Pursuant to Section 11-23-13, the Department requests that you submit your
final application documents consisting of a certified engineering report
prepared by a geologist and professional engineer in accordance with the
previously transmitted "Final Report Format for Drywells." Please refer to
the March 30, 1995 transmittal for specific instructions on how to complete
the final report.
If you have any questions regarding the final application submittal, or the
processing of your application, please contact Norris Uehara of the Safe
Drinking Water Branch at 586-4258 (Honolulu) or call toll free from the
neighbor islands at 1-800-468-4644, ext. 64258.
Sincerely,
/
THOMAS E. ZUMI, Par Chief
Environmental Management Division
NU:kh
c: 1. Paul Okuna, SDWB Sanitarian, Kona
2. Mr. Steven F. Carr
Geolabs-Hawaii
2006 Kalihi Street
Honolulu, HI 96819
3. Mr. Robert West
Ronald M. Knoll Consulting
1361 Kawika Street
Wailuku, HI 96793
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April 12, 1995
Kr. Bruce Witcher, P,L.
Vice President
tteid & Associates, Inc.
P.O. sox 1686
Kailua-gone, Hawaii 98745
near Hi. Witcher:
BUBJ'?CT: Pv.alani Subdivision, ID No. H-93-13
Hawaii Belt Road, project No. F-011-1(14)
Enclosed are your rsvioad p1anii and tit.e sheet tracing, approved
as submitted.
Your exceptions Nava been duly noted. In the future, please feel
free to schedule s nesting to discu8s these :natters with Rte or Mr.
Robert Taira. Thera La room for discussion on seem of t.heee items,
for example, changes in the intersection geometry.
Other items, such as changing the Breakaway Cable Terminals (BCT's)
to }7odi216d eccentric Loader Terminals (MELT's) , are difficult to
negotiate. The Pederel Highways Administration has declared that
they are no longer approved eraehworthy devices,
we appreciate you revising the plans to make the recorawnend•d
chatges.
Vary tr Ty yours,
STANI.ET TA?MURA
Acting Havraii District engineer
Enc.
•
EXHIBIT C
• OS��y `..
. Donna Fay K Kiyosak:
:/ A!` ,, Chief Engineer
�itcphen K Yamashiro ` °` •
Mayor �'• = - Riley W.Smith
. Deputy Chief Engineer
arlini± ? of Ptiintii
DEPARTMENT OF PUBLIC WORKS
25 Aupuni Street,Room 202 • Hilo,Hawaii 96720-4252
(808)961.8321 • Fax(808)969.7138
rF! f t)14 2 7 loot:
June 20, 1995
Mark Nelson, P.E,
Reid & Associates
P.O. Box 1686
Kailua-Kona, HI 96745
SUBJECT: Construction Plan Approval
Subdivision No. : 90-143
Subdivision Name: Pualani Estates
Location: Puapuaaiki & Puapuaanui, North Kona, HI.
TMK: 7-5-17:28 & 29
Folder No. : 75210-A1
This is to inform you that the Water System and Subdivision Construction
plans are ready for approval by our department pending incorporation of the
revisions/corrections agreed to in the June 19 telephone call between yourself
and Thomas Pack of our Kona office. As discussed, approvals for the
electrical and landscaping plans will be handled separately; additionally, the
approval will be conditional upon the Conditional Letter of Map Revision
(CLOMR) being received from FEMA prior to any work being permitted within the
limits of the flood zone.
Please be informed that after the construction plans have been approved, you
will be required to submit the following to our department in accordance with
Sections 23-97 and 23-98 of Article 7, Chapter 23, of the Hawaii Count_ Code.
1. Inspection fee: Two tenths of one percent (0.2%) of the estimated cost of
construction work, but not less than $25.00.
2. A written notice, at least one week prior to any construction work,
stating date of project commencement, the name of the contractor, the
contract price, and any other pertinent data.
3. Five (5) sets of prints of approved construction plans and specifications.
EXHIBIT D
0
Reid & Associates Inc.
June 20, 1995
Page 2
When the construction is completed and prior to dedication, please submit
a set of as-builts plans drawn in ink on mylar or approved equal. When
construction drawings are prepared using computer—aided drafting (CAD) , a
complete set of as-built drawing files on electronic media, 3-1/2" floppy
disk cr as directed, shall also be provided. The drawing files shall be
in autocad format. Upon acceptance of the as-builts by the Department of
Public Works, four sets of xerox prints will be required (ENG-Hilo,
ENG-Kona, TRF-Hilo, HWY-Kona) .
Please be informed that the Department of Public Works will not approve
dedication of roadways, including drywells, prior to compliance with
chapter 23, Underground Injection Control (UIC) Administrative Rules,
Department of Health. Owner shall obtain the required permits from the
Department of Health and submit copy 9f approved permit(s) , including
detailed operating records, to the Department of Public Works prior to
dedication approval.
Gal uba, Acting Division Chief
Engineering Division
TWP: sls
cc: Engineering-Hilo
Engineering-Kona
OH4AbIN 1.CAY TAMO �.....,,....�..�...�
OV I V QS CO Mi►Wmus lOMD OF L MO Af1C NATUIIAL A8IQi7ACiS OtPUTI
e .���I,
/`�14 f 411 M?COLOUMMSMAM
a►
Anuaeurwui ertsmeloiT
„14141+11161
STATE OF HAWAII AQUATIC ACSQUACIO
CatudIWATION IMO
C!PARTMENT OF LAND AND NATURAL R SOURCES sN AMMID1114.AFr<A1A4
GOIISOIVATlON M*D
STATE H±STO!!iC P!{E lVAT.ON Divi8ICN mama WOTT
January 18, 1995 33 sari KING sTAauT.CM ROCA OONVLYANC«!
HONOLULU.HAWAII 08813 POM17NY AMO YN10Nlt
MISTOAIC►IIiiQ VOION
OINa0N
LAMO MANAOWOit
STATZ PAAi*
Dr. Paul Rosendahl WAWA AMp LIAO elVS:.NGWT
PHRI
305 Mohouli Street •
Hilo, Hawaii 96720 LOG NO: 13705
DOC NO:.9S01RC20
Dear Dr. Rosendahi:
SUBJECT: Update on Historic Preservation Status —Pualani
Residential Community -- Ruse n Second Zoning
Increment
Puapuua, North Kona, Hawaii
'FMK: 7.5.17: par. 28. 29
Your staff had asked if we could send a letter on the current historic preservation status for.'this
area, since your client was planning some land alteration. •
The data recovery fieldwork was satisfactorily completed, a point our division verified.: Thus,
sites slated for data recovery are no longer a concern and can be impacted. Data recovery •
itself will not be fully concluded until we accept the final report. Currently, our Hilo office is
reviewing this report.
The sites to be preserved have their interim protection plan approved. This is the heiau
preserve area, into which several burials were reburied. Please besure that fences are still up
along the buffer zone prior to any land alteration, and call our division and let us know. Once
you have checked this point, land alteration can begin. Preservation commitments will not be
completed until the long-range preservation plan is successfully executed, and so verified by
our office. But completion of these tong-range commitments need not delay land alteration, as
long as the protective fencing is up. S
r..
Sincerely yours,
Don Hibbard, A ministrator
0 State Historic Preservation Division ' •
RC:jk .
c: Viriginia Goldstein, Planning Dept., County of Hawaii
EXHIBIT E
•
t • -En,
. Ep .I,a A, 2 7
Paul H.Rosendahl, .D., Inc.
Archaeological•Historical•Cultural Resource Ph Management Studies a Services
305 Mohouli Street • Hilo,Hawaii 96720 • (808)969-1763 • FAX(808)961-6998
P.O.Box 23305 • G.M.F.,Guam 96921 • (671)472-3117 • FAX(671)472-3131
January 20, 1995
90-962
Dr. Don Hibbard, Administrator
Department of Land and Natural Resources
State Historic Preservation Division
33 South King Street, 6th Floor
Honolulu, Hawaii 96813
Attention: Dr. Ross H. Cordy
Subject: Pualani Residential Community
Phase II - Archaeological Data Recovery
Lands of Puapua`a 1st and 2nd
North Kona District, Island of Hawaii
(TMK:3-7-5-17:Por.28,29)
Dear Dr. Cordy:
Thank you for your letter dated January 18, 1995, giving the current
Historic Preservation Status for the above project. This letter is to
confirm that the fences are still up along the buffer zone.
--= If you have any questions or comments, please call me at our main Hilo
office (808) 969-1763.
Sincerely yours,
Gtr..... 7. 1,0 „41.,c_c
Alan T. Walker, B.A.
Projects Director - Hawai' i
ATW/hdn
cc: Mr. Steven S.C. Lim
Mr. Robert West
EXHIBIT F
•
C ARLS MIT BALL WICHMAN MURRAY ..SE & ICHIKI
ATTORNEYS AT LAW
HONOLULU OFFICE A PARTNERSHIP INCLUDING LAW CORPORATIONS GUAM OFFICE
TELEPHONE(808)523-2500 121 WAIANUENUE AVENUE TELEPHONE(671)472-6813
FAX 1808)523-0842 FAX(6711 477-4375
POST OFFICE BOX 686
LOS ANGELES OFFICE HILO. HAWAII 96721-0686
SAIRANOFFICE
TELEPHONE(2)3)955-1200 TELEPHONE(670)322-3455
FAX 1213)623-0032 FAX(670)322-3368
TELEPHONE(808) 935-6644
LONG BEACH OFFICE FAX(808)935-7975 KONA OFF CE
TELEPHONE(310)435.5631 TELEPHONE(808) 329-6464
FAX 1310)437-3760 FAX(808)329-9450
MEXICO CITY OFFICE MAUI OFFICE
TELEPHONE(52-5)281-2428 Jul 11 19 9 4 TELEPHONE(808)242-4535
FAX(52-5)281.2(96 j FAX(808)244-4974
NASHINGTON.D.C.OFFICE +(APJLEI OFFICE
TELEPHONE(202)508-1025 TELEPHONE 8O81523-2500
FAX 1202)508-1026
FAX(808)674850
Mayor Stephen K. Yamashiro
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Pualani Estates, Inc . ; October 27 , 1993 Agreement
TMK ( 3 ) 7-5-17 : 28 & 29
( 3 ) 7-5-17 : 1, 19 , 23 & 26
Dear Mayor Yamashiro:
Enclosed for your execution and return to my office
for filing is the Release of the October 27 , 1993 Agreement and
its predecessor agreements entered into between the County of
Hawaii and Pualani Development and Pualani Estates , Inc . for
the above properties .
The Agreement between the County of Hawaii and
Pualani Estates, Inc . to keep open the sales of selected "up to
80% of median" units to qualified buyers using the County's
Deferred Sales Price Mortgage program concluded as of July 6 ,
1994 . As of May 24, 1994 , the County authorized Pualani
Estates, Inc . to commence unrestricted sales of the remaining
units at market prices .
This document will acknowledge that Pualani Estates.;
Inc . has complied with and satisfied all affordable housing
requirements for the above properties pursuant to the terms of
the October 27 , 1993 Agreement. Recordation of this Release
will allow Pualani Estates, Inc . to convey title to the
purchasers within the subdivision free and clear of the terms
and conditions of the Agreement, subject only to the affordable
housing restrictions contained in and attached to each deed of
conveyance for the affordable housing units within the project.
EXHIBIT G
A A
Mayor Stephen K. Yamashiro
County of Hawaii
July 11, 1994
Page 2
If you have any questions , please call me. If you
have no questions, please execute the Release and call my
office for pickup and recordation. We will provide the Office
of Housing and Community Development with a recorded copy of
this Release upon our receipt.
Very truly yours,
CARLSMITH BALL WICHMAN
MURRAY CASE & ICHIKI
i
STEVEN S . IM
SSL:ch
enclosure
cc : Edwin Taira, Office of Housing
and Community Development
Grant Johnston, International Assets
Barrie Parker, Benchmark International
Robert D. Triantos , Esq.
r..
LAND COURT SYSTEM REGULAR SYSTEM
AFTER RECORDATION, Return by Mail ( ) Pickup ( )
TITLE OF DOCUMENT:
RELEASE
PARTIES TO DOCUMENT:
RELEASOR: COUNTY OF HAWAII, a Hawaii municipal corporation
RELEASEE: PUALANI DEVELOPMENT COMPANY, a Hawaii joint venture, and its successor
in interest PUALANI ESTATES, INC. , a Hawaii corporation
Affects: TMK No. (3) 7-5-17:28 and 29
TMK No. (3) 7-5-17:1, 19, 23, 25 and 26
RELEASE
KNOW ALL MEN BY THESE PRESENTS that the COUNTY OF
HAWAII, a Hawaii municipal corporation, herein referred to at
times as "Releasor", having received full payment and
satisfaction of all obligations mentioned in and secured by
those certain Agreements made by and between the Releasor and
94023.rel 1.
PUALANI ESTATES, INC. , a Hawaii corporation, and its
predecessor in interest PUALANI DEVELOPMENT COMPANY, a Hawaii
joint venture, herein referred to at times collectively as
"Releasee" , said Agreements being more particularly identified
as 1) Agreement dated October 17, 1990 by and between the
County of Hawaii and Pualani Development Company, a Hawaii
joint venture; 2 ) Agreement dated October 27, 1993, by and
between the County of Hawaii and Pualani Estates , Inc . , a
Hawaii corporation, recorded in the Bureau of Conveyances of
the State of Hawaii on November 1, 1993 as Document No . 90-
180791; the Releasor does hereby cancel, release and discharge
Releasee PUALANI DEVELOPMENT COMPANY and PUALANI ESTATES, INC .
from any and all obligations and duties arising under said
Agreements and does hereby release and forever quitclaim unto
the said PUALANI DEVELOPMENT COMPANY and PUALANI ESTATES, INC. ,
their heirs, executors, administrators and assigns, all right,
title and interest the County of Hawaii may have acquired in
and to the real property therein described.
IN WITNESS WHEREOF said COUNTY OF HAWAII, .has caused
this instrument to be executed and effective as of the
day of , 1994 .
COUNTY OF HAWAII,
a Hawaii municipal corporation '"
By:
STEPHEN K. YAMASHIRO
Its Mayor
94023.ri 2 .
$ / A
STATE OF HAWAII
SS:
COUNTY OF HAWAII
On this day of , 1994 ,
before me personally appeared STEPHEN K. YAMASHIRO, 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 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 STEPHEN K.
YAMASHIRO acknowledged said instrument to be the free act and
deed of said County of Hawaii.
Notary Public, State of Hawaii
My commission expires :
r..
94023.rei 3 .
•
CARLSMITH BALL WICHMAN CASE & ICHIKI •
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING LAW CORPORATIONS
121 WAIANUENUE AVENUE
POST OFFICE BOX 686
HILO, HAWAII 96721-0686
TELEPHONE (8081 935-6644
FAX(808)935-7975
- June 19, 1995
Mr. George Yoshida, Director
Department of Parks and Recreation
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Attention: Glenn Miyao
Re: Pualani Estates Subdivision, Ordinance No. 93-76
Park Maintenance and Operational Plan
William Charles Lunalilo Playground at Puapuaanui
Dear Sirs:
Pursuant to Condition"J" of rezoning Ordinance No 93-76 for the Pualani Estates Subdivision,
please accept the attached Maintenance and Operational Park Plan for "William Charles Lunalilo
Playground at Puapuaanui" at TMK(3) 7-5-17: 28 and 29.
As the developer Pualani Estates, Inc. is in the final stages of its subdivision review, we would
appreciate your expedited review and approval of the park plan and covenant attached thereto. By copy
of this letter and attachments to the Office of the Corporation Counsel, we are concurrently requesting
their review of the documents as to form and legality.
Thank you for your attention to this matter. Please call me if you need any further information.
Very truly yours,
CARLSMITH BALL WICHMAN
CASE & ICHIKI
STEVEN S. . L
xc: Corporation Counsel, County of Hawaii
Pualani Estates, Inc. -RDT
Robert West
Grant Johnston EX H 16 I T H
HONOLULU • KAPOLEI • HILO • KONA • MAUI • GUAM • SAIPAN • LOS ANGELES • WASHINGTON.D.C. • MEXICO CITY
MAINTENANCE AND OPERATIONAL PARK PLAN
FOR
"WILLIAM CHARLES LUNALILO PLAYGROUND
AT PUAPUAAiNUI"
PUALANI ESTATES SUBDIVISION
DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII
TMK: (3) 7-5-17:28 AND 29
I. INTRODUCTION.
A. State Land Use Commission Conditions of Approval.
On September 13, 1989, the State Land Use Commission in LUC Docket No.
A88-632 reclassified approximately 99.324 acres of land at Puapuaaiki and Puapuaanui, in the
District of North Kona, Island and County of Hawaii, from the Agricultural District to the Urban
District. The project site is comprised of tax map key parcels (3) 7-5-17:28 and 29, which are
located mauka of the Queen Kaahumanu Highway extension, approximately 2,000 feet north of the
Queen Kaahumanu Highway-Kuakini Highway intersection and 3,000 feet north of the Kuakini
Highway-Lako Street intersection. See Exhibit"A" attached hereto. As approved by the Land Use
Commission, the Pualani Estates Subdivision was proposed for the development of approximately
355 affordable single-family residential dwellings, a 5+ acre park, and an archaeological preserve.
B. Hawaii County Conditions of Rezoning Approval.
Effective May 27,1990,the County of Hawaii in its Ordinance No. 90-63 rezoned the
above-described project site from an Unplanned'(U) designation to Single Family Residential-7,500
square foot(RS-7.5) and Single Family Residential-20,000 square foot(RS-20) designations in two
zoning increments.
.
Effective August 9, 1993, the County adopted Ordinance No. 93-76, which amended
Ordinance No. 90-63 and its conditions of rezoning approval to reflect revised development.plans
for the Pualani Estates Subdivision, to allow a single-phase development of the entire project
consisting of approximately 390 lots with RS-7.5 and RS-20 zoning designations.
Condition J of Ordinance No. 93-76 provides:
"to ensure that the Goals and Policies of the Recreation Element of the
General Plan are implemented,the applicant shall construct a minimum five
(5) acre recreational park within the project site for active and passive
recreational uses to be dedicated and accepted by the County of Hawaii. The
configuration and improvements, including but not limited to grading,
grassing, irrigation, fencing along the subject park area fronting Queen
r w
Kaahumanu Highway, and the construction of a softball field, a soccer field,
parking and restroom facilities, shall meet with the approval of the Planning
Department in consultation with the Department of Parks and Recreation and
the Department of Public Works, prior to final subdivision approval. A park
maintenance and operational plan shall be submitted for review and approval
by the Planning Department in consultation with the Department of Parks and
Recreation in conjunction with final subdivision approval. Until such time
that the park is 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: (1) obligate the subdividers, purchasers,
occupants, or association in the subdivision to maintain the park in
perpetuity; and (2) empower the County, through the Department of Parks
and Recreation, to enforce covenants to maintain the 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 land and properties in the
subdivision to a lien until the cost of the work performed by the County has
been reimbursed. At the minimum, access to the recreational park shall be
gained from within the subdivision. The park shall be completed within one
year from the occupancy of the first home."
C. Historical Basis for Park Name of"William Charles Lunalilo Playground at
Puapuaanui".
On June 14, 1994,He Inoa 0 Kamoku 0 Mokupuni Hawaii, the County of Hawaii's
Place and Street Naming Committee, recommended the adoption of"William Charles Lunalilo
Playground at Puapuaanui"as the name of the park site to be located at the entrance of the Pualani
Estates Subdivision off Queen Kaahumanu Highway, since Prince Lunalilo was initially awarded
the ahupua'a of Puapuaanui under the Great Mahele.
II. MAINTENANCE AND OPERATION.
A. Maintenance
Prior to its acceptance by the County of Hawaii as a public park, Pualani Estates,Inc.,
or its designated legal entity, shall initially construct, own and maintain the real property and park
facility improvements of the" William Charles Lunalilo Playground at Puapuaanui", to include any
internal roadways,parking areas, and pedestrian paths as a private park system. Pualani Estates, Inc.
shall be responsible for all park maintenance, including collection and transfer of trash from trash
containers,landscaping, and signage. Prior to acceptance of the park areas by the County of Hawaii,
the responsibility for park maintainance and the County's power to enforce these responsibilities
2
•
shall be controlled by the covenant to maintain the park areas in the form attached hereto as Exhibit
«B„
Pursuant to Condition J of Rezoning Ordinance No. 93-76, upon completion of the
recreational park, the park site and facilities are "... to be dedicated and accepted by the County of
Hawaii." Upon dedication and acceptance of the park by the County of Hawaii, all responsibility
and liability for the ownership, maintenance and control of the park site and facilities shall be borne
by the County of Hawaii. At that time, the County of Hawaii shall execute a Release of the covenant
recorded against the park property relating to the applicant's obligation to maintain the park while
in the control of the private entity.
B. Operation (prior to acceptance by the County of Hawaii).
1. Hours of Use
The park areas and facilities shall open for use daily, between the hours of
8:00 a.m. and 8:00 p.m., subject to any adjustment of hours of operation and/or
closing at the sole discretion of Pualani Estates, Inc. or its designated legal entity.
2. Access
Pualani Estates, Inc., or its designated legal entity, shall have the right to
control or prevent use of, or access to the park area by all persons who, in Pualani
Estates Inc.'s sole judgment, shall be adverse to the safety, character or interests of
property within the park area or of users of the park area, or in the event of any state
of declared emergency. Pualani Estates,Inc. reserves for itself and its successors and
assigns the right to prevent use of, or access to any portions or all of the park area for
the safety of park users and the protection of persons and private property within or
adjacent to the park area.
3. Restricted Activities
a. Parking-All parking shall be in parking stalls specifically designated
for public parking. Hours of operation for all public parking areas shall be from 8:00
a.m. to 8:00 p.m. Exceptions may be made for those individuals and groups who
desire evening use of park facilities or other nighttime activities. Regulations for
access to the park areas may include sign in/sign out requirements and/or the
issuance of permits.
b. Vehicular and Pedestrian Access - All vehicular and pedestrian
ingress to and egress from the park areas shall be confined to access corridors
3
designated for such purposes. All vehicles, automobiles, trucks and bicycles shall
use roadways, bike paths and parking areas connected to the roadways.
c. Group Use of Park Areas - Use of the park areas for groups. such
as schools, church groups and other non-profit organizations may be Granted by
Pualani Estates, Inc. or its designated legal entity, and shall be monitored through a
sign in/sign out procedure or through the issuance of a permit.
4. Prohibited Activities
a. Camping - Camping or other forms of temporary or permanent
occupancy, lodging or residence, shall not be permitted within the park areas nor in
any public parking area.
b. Fires- No fires shall be permitted within the park or parking areas at
any time.
c. Archaeological Sites-Appropriating,damaging,moving,excavating,
disfiguring, defacing or destroying objects of antiquity, historic and prehistoric
artifacts, sites and monuments shall be prohibited. Access to the archaeological
preserve within the project shall be governed by the rules and regulations adopted by
Pualani Estates, Inc. or its designated legal entity, which rules and regulations are by
reference incorporated herein.
d. Vandalism-Intentionally or wantonly destroying, injuring,defacing,
removing or disturbing in any manner any structure, building, sign, equipment,
monument, marker, or other park facilities shall be prohibited.
e. Commercial Use -No commercial use within the park and parking
areas shall be allowed.
f. Observance of Laws,Rules and Regulations -All users of the park
•
and parking areas shall observe and follow any and all applicable laws, rules and
regulations of the County of Hawaii, State of Hawaii and federal government.
rt.
C:\DATA\CLIENTS\RJTLASST\PUALANi1PARK.PLN
4
• n
•
PARCEL 23
_and s: _.:aced cn the Easter_v side c_ Hawaii Belt Road ( Pr t : --:
1 :A-03-_ 9 ) , at ?udouaaLki is: and . -acuad:.u_ 1st , North Kona ,
island and County of Hawaii , State cf Hawaii .
Being portions of :
Royal ?atent 6716 , Land Commission Award 4887 , Par: 2 to
Thomas Sams ; and
Royal Patent 7819 , Land Commission Award 8559-3 , Apana 8
to `Wm. C. Lunalilo , (Certificate of Boundaries No . 159 ) .
3eginr.ing at the Northwesterly corner of this parcel of '_and,
being also the Southwesterly corner of portion of Royal Patent 1669 ,
Land Court Award 8516-3, Apana 3 , tb Kamaikui and being a point on the
Easterly side of Hawaii Belt Road (Project No . 11A-03-69 ) , the
coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAEiELO" being 1, 083 . 07 feet North and 4 , 585 . 30
feet East and running by azimuths measured clockwise from True South:
Thence, for the next Eight (8 ) courses following along
Royal Patent 1669 , Land Commission Award 8516-3 , Apana 3 to Kamaik%_
1. 250° 24 ' 71. 42 feet to a point;
2 . 244° 50 ' 49 . 86 feet to a point;
3 . 238° 04 ' 30' 88 . 39 feet to a point;
4 . 254° 35 ' 10' 50 . 44 feet to a point;
5 . 237° 19 ' 50' 61. 99 feet to a point;
6 . 252° 38 ' 50" 32 . 91 feet to a point;
7 . 243° 16 ' 15= 47 . 62 feet to a point ;
8 . 250° 16 ' 50 ' 63 . 34 feet to a point;
EXHIBIT A
II • w
9 . 3423 21 ' 44 ' • 1011 . 69 Feet aLor.g cne remainders of
Royal Patent 6716 , Land CommissLcn
Award 4887 , ?art 2 to Thomas Sams ar-,
Royal Patent 7819 , Lard Cc,:,.m_ssic;;
:,ward 8559-3 , Z,cana 8 to Wm. C. - -a_-._
to a point;
'Z] Zl ' ;; ' 299 . 09 feet alanc the remainder of Rcv,.1
Patent 7819 , Lard Ccmmisslcn A::a;c
8359-3 , Apana 8 to wm. C. L::naL_Lc
to a point;
- encA for --.e next three ( 3 ) courses faLlcwing along the
r-ls -arLy side of Hawaii 3eic Road (Project Ito . 11A-03-89 ) :
' "4° L ' i1' 784 . 83 feet to a point;
L2 . 643 11 ' 20 . 00 feet to a point,
U . L34° 11 ' 207 . 23 feet to the point of beginning and
containing an area of 8 . 695 Acres .
N. NA
'�70 res THOMAS G ASSOCIATES , INC.
vabFE._ _,..:,. '17 . /72 • 1(..,./.(7-edeeoe,...‘
S;,,AvEfoR
' S, 5300 Dennis H. ;Jakaoka
y
Registered Professional Surveyor
9 �a�� v 1 State of Hawaii Certificate No . -55530
75-5722 :cal awa Street
Kailua-Kona; Hawaii 96740
-K.K: 7-5-17 : 28 ( 3rd Division)
June 9 , 1990
•
•
•
-JT
Land situated on the Westerly sLde of ^'uaLala_ Road and c..
Z35Cerl `
y s 1e of Che HawaLi 3eL Road ( Protec •]
t No . . .A. S . . LLA- . -e =. 1
1
-
at P'1a9lLddLkL and Puacuaanui ,
`forth Kona , island and County of
Stace of Hawaii .
Being portions of :
Royal Patent 5716 , Land Commission. Award 4887 , Aoana Z to
Thomas Sams ; and
Royal Patent 7819 , Land Commission Award 8559-3, Apana 3
to William C. Lunalilo .
Beginning at a pipe at the Southeasterly corner of this cartel
of Land being also a point on the Westerly side of E?ualalai Road, the
coordinates of Said point of beginning referred to Government Su_vev
Triangulation Station "KAHELO" being 788 . 83 feet North and 8, 228 . 96 :Bet
East and running by azimuths measured clockwise from True South:
Thence following the middle of an ancient stonewall and also
along the Northerly boundary of Royal Patent 4475 , Land
Commission Award 7713 , Apana 43 to V. Kamamalu for the next
fifty ( 50 ) courses , all angle points being marked with
galvanized nails driven in set-stones on top of the stonewall:
L . 63° ' 21 ' 15' 13 .07 feet;
2 . 83' 45 ' 18 . 12 feet;
3 . 78' 32 ' 15' 55 . 68 feet;
4 . 76° 58 ' 60 .06 feet;
5 . 63° 04 ' 10 • 163 . 64 feet;
6 . 68° 02 ' 61 . 69. feet;
7 . 75° 19 ' 30' 40 .03 feet;
9 . 73 ° 16 '
34 . 02 Eeec;
9 . 48 ° 04 ' 10 " 28 . 86 feet ;
10 . 34 ' 14 ' 20 '
12 . 65 feet;
• 1: 61 ° 05 ' 40 " 58 . 18 feet;
12 . 52 ° 24 ' 116 . 75 feet;
t,
13 . 52 '
58 137 . 34 feet;
L4 . 62 ' :8 ' 40 ' :8 . 06 feet;
77 ' 26 ' 30 " 34 . 89 feet;
:6 . 70 ° 20 ' 20 " 112 . 79 feet ;
: 7 . 331 ' 30 ' 30" 20 . 18 feet;
:8 . 53 ° 26 ' 30 " 14 . 13 feet ;
19 . 45 ° 54 ' 15 " 12. 32 feet;
20 . 55 ° 55 ' 40 " 114 . 99 feet;
21 . 57° 30 ' 10" 23 . 08 feet;
22 . 61 ' 52 ' 15 " 113 . 83 feet;
23 . 66 ° 38 ' 10" 140. 03 feet;
24 . 67° 14 ' 50" . L23 . 03 feet;
• Z5 . 63 ° 08 ' LO" 91 . 13 feet;
26 . 69° 25 ' 40" 56 . 10 feet;
27 . 67' 51 ' 50' 105 . 82 feet; .>.
28 . 52' 59 ' 30" 40 . 69 feet;
29 . 62 ° L2 ' 40" 22 . 63 feet;
30 . 67° 12 ' 97.04 feet;
31 . 58 ° 51 ' 24 . 92 feet;
32 . 62 ° 50 ' 57.28 feet;
33 . 73 ' 55 ' L0 '• 78 . 84 feet;
34 . 64 ° 53 ' 30" 34 . 57 feet;
35 . 74 ° 57 ' 30" 18 . 72 feet;
36 . 84 ° 23 ' 40 ' 20 . 20 feet;
37 . 89 ° 29 ' 40' 32 . 58 feet;
38 . 85 ° 26 ' 50 " 75 . 75 feet;
39 . 75 ° 4L ' 15 " 135 . 87 feet;
40 . 68 ° 13 ' 15 " 150 . 48 feet;
41 . 67° 52 ' 40 . 51 feet;
42 . 703 54 ' 40 : 33 . 97 feet;
43 . 67° O . ' 50" 112 . 31 feet;
44 . 69° 04 ' 15" 78 .07 feet;
45 . 66° 00 ' 10" 92 . 63 feet;
46 . 70 ° 35 ' 15 " 78 . 71 feet;
47 . 47° 34 ' 40" 16 .94 feet;
48 . 70° 23 ' 50" 22. 18 feet;
49 . 62° 34 ' 19 . 27 feet;
50 . 52° 38 ' 50" ,, 23 . 61 feet;
Thence for the next three ( 3 ) courses following along the
Easterly side of the Hawaii Belt Road ( F.A.S .? . Project No . 11-
A-03-69) :
51 . 154° 11 ' 11" 433 . 95 feet to a point;
52 . . 244 ° 11 ' 11" 20 .00 feet to a point;
53 . 154 ° 11 ' 11" 316 . 17 feet to a point;
54 . 252° 21 ' 44" 229 .09 feet along the remainder of Royal
Patent 7819 , Land Commission Award
8559-8, Apana 8 to William C. Lunalio
to a point;
f *H-
•
55 . .62 . 21 ' 44" 1 , 033 . 69 Geer. aLonq the remainder of
Pacenc 7819 , La issi �o�'
85598, Apana 8 co William 0 na+:
iand Royal Pa cent 6 716 , Land Ccu� s S . .;ward 4887, Aoana 2 to Thomas Sams
-
d point;
•
56 . 2.38 ' - :0 " 39 . 58 feet;
57 . 252 ° 2: 10 " - 44 . 13 feet;
58 . 244 ' 37 ' 50" 63 .05 feet;
59 . 241' 43 84 . 51 feet;
60 . 252 ' 18 40 " L08 . 43 feet;
6L . 249 ' 47 ' 10 " 68 . 44 feet;
62 . 246 ° 46 ' L0 " 48 . 86 feet;
63 . 249' 39 ' 50 " 133 . 77 feet;
64 . 246' 56 ' 79 . 55 feet;
65 , 238 ° 51 ' 30'" 62 . 56 feet;
66 , 244 ° 32 ' 40" 53 .09 feet;
67 . 250° 04 ' 72. 07 feet;
68 . 242' 42 ' 20" 81 . 56 feet;
69 . 256° 02 ' 15 " 40 . 36 feet;
70 . 236° 43 ' 30" 54 . 19 feet;
71 . 247° 20 ' 45" , 28 . 34 feet;
72 . 260° 19 ' 10" 92 . 13 feet;
73 . 250' 23 ' 30' 56 . 34 feet to a galvanized nail in a "4." cut
in set-stone;
74 . 248 ' 32 ' 54 . 28 feet;
75 . • 254° 46 ' 38 . 44 feet;
•
76. 251° 08 ' 40" 111 .09 feet;
77. 250° 13 ' 10' 1.51 . 96 feet;
78. 252' 13 ' 138 .54 feet;
79. 265' 56 ' 30" 65 .91 feet to a pipe;
• ..
Thence , for the next five ( 5 ) courses following along _fie
remainder of the Royal Patent 6716 , Land Commission Award 4887 ,
Acana 2 to Thomas Sams :
346 ° 47 ' 30 ' L48 . 02 feet along Parcel 2 and also aLeng :ne
westerly side of a . stonewall to a
pipe ;
31 . 347' L4 ' 30 " 201 . 76 feet along Parcel 2 and also along _ne
westerly side of a stonewall to a
pipe;
82 . 72° 37 ' CO " 32 . 30 feet along Parcel 2 and also along the
Northerly side of a stonewall to a
pipe;
83 . 350 ° 59 ' 00" 55 . 95 feet along Parcel 2 and also along the
westerly side of a stonewall to a
pipe ;
84. 341 ' 35 ' 00" • 109 . 94 feet along Parcel 2 and also the
westerly side of a stonewall to a " +'
cut on stone;
Thence, for the next seven ( 7 ) courses following along t::e
remainder of Royal Patent 7819 , Land Commission Award 8559
Agana 8 to William C. Lunalilo:
85. 341° 20 ' 00" 185 . 49 feet along Parcel 4 to a pipe;
85. 262° 42 ' 00 ' 694 . 33 feet along Parcel 4 to a pipe;
87. 352° 31 ' 00' , 161 . 88 feet along. Parcel 4 to a pipe;
88. 352° 31 ' 00' 189 . 92 feet along a House Lot owned by Julian
F. Gouveia and wife to a pipe;
•
89. 246° 13 ' 00 ' 222 . 30 feet along a House Lot owned by Julian
F. Gouveia and wife to a pipe; .
90. 336° 13 ' 335 . 19 feet along Lot 2 of this subdivision
to a point;
91. 245° 22 ' 40" 321 . 43 feet along Lot 2 of this subdivision
to point;
Thence, for the next three ( 3 ) courses following along the
Westerly side of Hualalai Road:
•
•
• •.
92 . 312° 25 ' • 8 . 34 Eeet to a pipe ;
93 . 321 ' 23 ' 10 " 33 . 38 fee*_ to a ? ' be ;
) 4 . 324_2 , Z3 ' 30 " 54 . 62 feet to a pipe at a stone�aall
intersection at� the Soutneast corn,.-
of this t=act of Lard and on :he
Northerly boundary of Royal ?. ten_
4475 , Land Commission Award 7713 ,
Aoana 43 to V. KamamaLu to t^e of
point of beginning and containing an
area of 90 . 629 Acres , more or less .
e` ' WitS THOMAS i ASSOCIATES , :NC.
unitnyto
Z /ectU4'C
surrot
µ°' 4331 Chrystal Thomas Yamasaki
v �*. Registered ?rofessional Land Surveyor• State of Hawaii Certificate No. LS4331
75-5722 Kalawa Street
Kailua-Kona, Hawaii 96740
TMK: 7-5-L7 : ( 3rd Division)
March 24 , 1988
Revised: July 22 , 1988
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II 41
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LAND COURT SYSTEM REGULAR SYSTEM
Return by Mail ( ) Pickup ( ) To:
TITLE OF DOCUMENT:
DECLARATION OF COVENANT FOR PARK MAINTENANCE
WILLIAM CHARLES LUNALILO PLAYGROUND AT PUAPUAANUI,
NORTH KONA.HAWAII.PUALANI ESTATES SUBDIVISION
PARTIES TO DOCUMENT:
DECLARANT : PUALANI ESTATES,INC.
A Hawaii corporation
do Robert D.Triantos
Carlsmith Ball Wickman Case&Ichiki
P.O.Box 1720
Kailua-Kona,Hawaii 96745
TAX MAP KEYS(3)7-5-17:28 and 29
DECLARATION OF COVENANT FOR PARK MAINTENANCE
WILLIAM CHARLES LUNALILO PLAYGROUND AT PUAPUAANUI,
NORTH KONA. HAWAII. PUALANI ESTATES SUBDIVISION
THIS DECLARATION, made this day of , 1995 by
PUALANI ESTATES, INC. a Hawaii corporation, hereinafter referred to as "Declarant",
EXHIBIT B
• • •
WITNE5.5.ETH:
WHEREAS, Declarant is the owner of real property located at Puapuaanui and
Puapuaaiki, North Kona , County and State of Hawaii, which is more particularly described in
Exhibit "A" attached hereto and incorporated by reference herein ("Property"); and
WHEREAS, Declarant plans to develop on the Property the Pualani Estates
Subdivision and the William Charles Lunalilo Playground at Puapuaanui (the "Recreational Park");
and
WHEREAS, the County of Hawaii change of zone Ordinance No. 93-76, Condition
"J", for the Property requires the Declarant to record a covenant which provides that until such time
as the Recreational Park is dedicated to and accepted by the County of Hawaii, the Declarant or its
designated legal entity for the Pualani Estates Subdivision shall maintain the Recreational Park in
perpetuity pursuant to a recorded covenant running with the land.
NOW, THEREFORE, in furtherance thereof and in order to provide active and
passive recreation for the occupants of the Project, Declarant makes the following declaration of
covenant for park maintenance and hereby declares and agrees that the Recreational Park is held and
shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved
subject to said declaration, which declaration shall constitute a covenant running with the land and
shall be binding on and for the benefit of Declarant, the County of Hawaii, their successors and
assigns, and all subsequent owners, lessees or occupants of all or any part of the Property and their
respective heirs, personal representatives, successors, and assigns.
1. Recreational Park. Attached hereto as Exhibit "B" (and incorporated by
reference herein)is a plan showing the general outline of the Recreational Park within the Property.
2
•
Said plan includes a ground level park site of approximately five (5) acres, including facilities for
fencing, a softball field, a soccer field, parking and restroom facilities (the "Recreational Park").
The general configuration and park facilities may be amended from time to time by the mutual
consent of Declarant and the County of Hawaii.
2. Maintenance of Recreational Park Areas. At all times during the term of this
Covenant, and until such time as the Recreational Park and its facilities are dedicated to and accepted
by the County of Hawaii,the Recreational Park and facilities shall be improved, maintained and used
exclusively for private park, playground and recreational purposes by the occupants, owners or
lessees of lots within the Pualani Estates Subdivision, and by the owners of any other project or real
property merged into the Pualani Estates Subdivision or gtherwise consented to in writing upon the
sole discretion of the Declarant.
3. Term. This Declaration shall continue in full force and effect in perpetuity
and shall not be repealed,amended or altered in any way, without the express written consent of the
Declarant and the County of Hawaii, and shall continue in effect until such time as the Recreational
Park is accepted for dedication by the County of Hawaii.
4. Obligations. The Declarant or its designated legal entity for the Pualani
Estates Subdivision shall be obligated to provide for the perpetual maintenance of the Recreational
Park until such time as it is accepted for dedication by the County of Hawaii.
5. Enforcement. Until such time as the Recreational Park is accepted for
dedication by the County of Hawaii, this covenant to perpetually maintain the Recreational Park
may be enforced by the County of Hawaii, through its Department of Parks and Recreation, or its
successors and assigns.
•
3
.
6. County Lien for Maintenance Costs. If due to the failure of the Declarant or
its designated legal entity to maintain the Recreational Park, the County of Hawaii is required to so
maintain the Recreational Park, the Declarant agrees that the County of Hawaii may subject the
Recreational Park and all lots within the Pualani Estates Subdivision owned at that time by the
Declarant or its designated legal entity to a lien for said costs until such time as the costs have been
reimbursed to the County of Hawaii.
7. Subordination to Declaration. The provisions of this covenant shall be subordinate
to and subject to all provisions of the Declaration of Covenants, Conditions and Restrictions of the
Pualani Estates Subdivision duly adopted for the subdivision, and any amendments thereto, all of
which shall control in the event of any conflict with the provisions of this covenant.
IN WITNESS WHEREOF,the undersigned has caused these presents to be executed
the day and year first above written.
PUALANI ESTATES, INC.,
A Hawaii Corporation
By
Its
C:\DATA\CLIENTSW TLAS5TPUALANMARK.DCL
4
I • •
STATE OF HAWAII
) SS:
CITY AND COUNTY OF HONOLULU )
On this day of , 1995, before me appeared
, to me personally known, who, being by me duly sworn,
did say that he is the of PUALANI ESTATES INC., and that the seal
affixed to the foregoing instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by authority of its Board of
Directors, and said officer acknowledged said instrument to be the free act and deed of said
corporation.
Notary Public
State of Hawaii
My commission expires:
w ',
• „7•r` Richard Wurdeman
Stephen K.Yamashiro '
Mayor Corporation Counsel
CgLlxxt±fir of catttfixttii
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street,Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)969-7049
July 19, 1995
Steven S. C. Lim, Esq.
Carlsmith, Ball, Wichman, Case & Ichiki
121 Waianuenue Avenue
Hilo, Hawaii 96720
Dear Mr. Lim:
Re: Pualani Estates Subdivisiop, Ordinance No. 93-76
Maintenance and Operational Park Plan
William Charles Lunalilo Playground at Puapuaanui
We have reviewed the final draft of the Maintenance and
Operational Park Plan and Declaration of Convenant for Park
Maintenance which accompanied your letter to George Yoshida
dated July 11, 1995, and we find that these documents comply
with the rezoning requirements of Condition J of
Ordinance No. 93-76.
Please contact me if you have any questions.
Sincerely,
RICHARD D. WURDEMAN
;, Corporation Counsel
(------
By ...
GL NN H. SHIIGI
Deputy Corporation Counsel
GHS:nas
cc: George Yoshida
Department of Parks and Recreation
3179H
EXHIBIT I