HomeMy WebLinkAboutCOM 0199.000 1998-2000N(Y Oe h1
Stephen K. Yamashiro
Mayo+
�auufvr of 'ttiuttii
OFFICE OF THE CORPORATION COUNSEL
101 Aupunl Street, Suite 325 • Hilo, Hewu'i 96720-4262 • (808) 961$251 • Fax 18081 961.8622
March 8, 1999
Honorable James Arakaki,
Chairman and Members
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki and Council Members:
Re: Correction Deed
Grantor Bank of Hawaii. Trustee
TMK: (3)7-5-18:008
Richard Wurdeman
Co(pamuon Cu�nsel
We are transmitting for the Council's review and consideration for acceptance a copy of the
above correction deed, along with a resolution accepting the deed.
Also enclosed for your information are the following:
(l) Trustee's Quitclaim Deed dated August 27, 1997, recorded as Document
No. 97-134558.
(2) Title Insurance Policy dated October 21, 1997, issued by Title Guaranty of Hawaii.
For your information, the deed has been reviewed by the Department of Public Works and
found to be acceptable.
Upon acceptance of the above correction deed, please send notification of such acceptance
to: (l) Bank of Hawaii, Ann. Rachel Uehara, Real Estate Department #722, 130 Merchant Street,
Honolulu, Hawaii 96813; (2) Harry Takahashi, Director of Finance, County of Hawaii; and (3) Gerald
Takase, Deputy Corporation Counsel, who will record the said deed with the Bureau of Conveyances.
GT:de
Encs.
2ts . 1a3- T?
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
By --
C —
G LD TAKASE /
Deputy Corporation Counsel Comm. No.
File No. D O C -
Ref. To: P w p C
Ref. Date MAR 1 7 1999
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 63 99
RESOLUTION ACCEPTING THE ACCEPTANCE OF A QUITCLAIM OF REAL
PROPERTY IDENTIFIED AS TAX MAP KEY (3)7-5-18:008, FROM BANK OF HAWAII,
TRUSTEE, TO THE COUNTY OF HAWAII.
WHEREAS, BANK OF HAWAII, by its division, PACIFIC CENTURY TRUST
(successor by merger to Hawaiian Trust Company, Limited), as Trustee under the Trust created
in the Last Will and Testament of Manuel Gomes (hereafter "Trustee"), is the owner of that
certain parcel of real property located in Waiaha I st, North Kona, Hawaii, specifically identified
as Tax Map Key No. (3)7-5-18:008, consisting of approximately 42,689 square feet, or 0.980
acres, being more particularly described in Exhibit A attached hereto; and
WHEREAS, the subject property is the site of the Waiaha Bay Sewage Pump Station; and
WHEREAS, the said Trustee has agreed to quitclaim the subject property to the County
of Hawaii; and
WHEREAS, the said Trustee executed a Trustee's Quitclaim Deed dated August 27, 1997
and recorded said deed with the Bureau of Conveyances of the State of Hawaii as Document
No. 97-134558 on October 3, 1997, without first obtaining formal acceptance of the property by
the County Council; and
WHEREAS, the description of the subject property attached to said Trustee's Quitclaim
Deed contained errors; and
WHEREAS, the Trustee has corrected said property description and executed a
Correction Deed containing the amended description; and
WHEREAS, the Trustee has provided title insurance policy to the County for the subject
property; and
WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the
Council may accept gifts which include the donation of land on behalf of the County of Hawaii;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and
Section 23-10 of the Hawaii County Code, that the County of Hawaii accepts the correction deed
for real property identified as Tax Map Key (3)7-5-18:008.
DATED: Hilo, Hawaii,
"M
OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST:
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER
x
I ARAKAKI I I I I I
CH
UNG
ELARIONOFF
JACOBSON
LEITHEAD-TODD
PISICCHIO
SMITH I I I I I
TYLER
YAGONG —�
Reference: C-1.99/PW&PC
RESOLUTION No 63 99
Land Court Sycrem Re¢I�tar Cvstem
After Recordation, Return by Mail () Pickup ( )
Bank of Hawaii, by its division Pacific Century Trust,
attn: Rachel Uehara 538-4574
130 Merchant Street, 3rd Floor
Real Estate Department #722
Honolulu, Hawaii 96813
TMK(3) 7-5-018-008 This document contains _ pages
(CORRECTION DEED)
PARTIES INVOLVED:
GRANTOR: BANK OF HAWAII, a Hawaii corporation, by its division,
PACIFIC CENTURY TRUST (successor by merger to
HAWAIIAN TRUST COMPANY, LI] IITED), as Trustee under
the Trust created in the Last Will and Testament of Manuel
Gomes, with powers to sell, mortgage, lease, etc., whose mailing
address is P.O. Box 3170, Honolulu, HI 96802-3170
GRANTEE: COUNTY OF HAWAII, a municipal corporation duly existing
under, pursuant to and by virtue of the laws of the State of
Hawaii, whose mailing address is 25 Aupuni Street, Hilo, HI
96720
THIS CORRECTION DEED is made this th day of
by BANK OF HAWAII, a Hawaii corporation, by its division, PACIFIC CENTURY
TRUST (successor by merger to HAWAIIAN TRUST COMPANY, LIMITED), as
Trustee under the Trust created in the Last Will and Testament of Manuel Gomes, with
powers to sell, mortgage, lease, etc., whose mailing address is P.O. Box 3170, Honolulu,
HI 96802-3170, hereinafter referred to as "Grantol', to COUNTY OF HAWAII, a
municipal corporation duly existing under, pursuant to and by virtue of the laws of the
State of Hawaii, whose mailing address is 25 Aupuni Street, Hilo, HI 96720, hereinafter
called the "Grantee".
WHEREAS, Grantor conveyed the real property hereinafter described to Grantees
by trustee's quitclaim deed dated August 27, 1997, which was recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. 97-134558 on October 3, 1997 and
which is further incorporated herein by reference; and
WHEREAS, in the deed incorporated herein, the legal description in exhibit A
contained a few clerical errors.
WHEREAS, to prevent any difficulties which may arise hereafter, the parties
desire to correct these mistakes.
WHEREAS, BANK OF HAWAII, a Hawaii corporation, by its division,
PACIFIC CENTURY TRUST (successor by merger to HAWAIIAN TRUST
O �
O
387, Part 4, Sec. 2 to American Board of
Commissioners for Foreign Missions to a
rebar and cap;
4. 3510 31' 30" 225.00 feet along Parcel B, along the remainder of
R.P. 1930 No. 3 to Asa Thurston, L.C. Aw.
387, Part 4, Sec. 2 to American Board of
Commissioners for Foreign Missions to a
rebar and cap;
810 31' 30" 188.36 feet along Parcel B, along the remainder of
R. P. 1930 No. 3 to Asa Thurston, L.C. Aw.
387, Part 4, Sec. 2 to American Board of
Commissioners for Foreign Missions and
TMK: (3)7-5-18:75 to the point of
beginning and containing an area of 42,689
square feet, or 0.980 acres, more or less.
Said above described parcel of land having been acquired by BISHOP TRUST
COMPANY, LIMITED, as Trustee under the Trust created in the Last Will and
Testament of Manuel Gomes, by STIPULATED JUDGMENT dated May 9, 1975,
December 30, 1974, December 6, 1974, May 20, 1975, April 20, 1975, April 24, 1975
and May 7,1975, filed in the Circuit Court of the Third Circuit, State of Hawaii, Civil No.
1813, on June 2, 1975, recorded in Liber 17806 at Page 63, on April 17, 1984.
SUBJECT HOWEVER TO:
Reservation in favor of the State of Hawaii of all mineral and metallic mines.
IN ACCORDANCE WITH section 560:7-306(a) of the Hawaii Revised Statutes
(1985), as amended, this instrument is signed by the Grantor in its fiduciary (or trustee)
capacity and not in its individual corporate capacity. Any liability of the Grantor that may
arise as a result of it signing or approving this instrument is a liability of the trust estate
and not the personal liability of the Grantor. Bank of Hawaii, a Hawaii corporation, by
its division, Pacific Century Trust, formerly know as Hawaiian Trust Company, Limited,
10 13
x
0
COMPANY, LIMITED), as Trustee under the Trust created in the Last Will and
Testament of Manuel CVomes, is empowered by law to grant, bargain, sell, and convey the
real property described herein; and
NOW, THEREFORE, in consideration of the foregoing, Grantor and Grantee do
hereby correct and amend the trustee's quitclaim deed to reflect the conveyance to
Grantee as follows:
PARCEL A
(Waiaha Bay Sewage Pump Station Site)
All of that certain parcel of land (being portion(s) of the land(s) described in and
covered by Royal Patent Number 1930, No. 3 to Asa Thurston, and Land Commission
Award Number 387, Part 4, Section 2 to American Board of Commissioners for Foreign
Missions) situate, lying and being on the easterly side of Alii Drive, at Waiaha 1st, North
Kona, Island and County of Hawaii, State of Hawaii, and thus bounded and described as
per survey of Donald C. McIntosh, Licensed Professional Land Surveyor, with Don
McIntosh Consulting, dated May 20, 1997, to -wit:
Beginning at a found pipe at the southwest comer of this parcel of land, being also
the northwest comer of TMK: (3)7-5-18:75 on the easterly side of Alii Drive, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "NORTH MERIDIAN' being 5,232.43 feet south and 2,200.53 feet east, thence
mmning by azimuths measured clockwise from Trust South:
1710 31' 30" 5.20
2. 1700 25' 50" 219.84
3. 2610 31' 30" 192.56
feet along the easterly side of Alii Drive to a
rebar and cap;
Thence, along the easterly side of Alii Drive
along a curve to the left with a radius of
5,754.70 feet, the chord azimuth and
distance being;
feet to a rebar and cap;
feet along Parcel B, along the remainder of
R.P. 1930 No. 3 to Asa Thurston, L.C. Aw.
is not personally liable under this instrument.
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED that except as
expressly corrected and amended hereby, the trustee's quitclaim deed, as recorded as
aforesaid, is hereby ratified and confirmed and shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this instrument on this
day of '1998.
COUNTY OF HAWAII, BANK OF HAWAII, by its division
a municipal corporation PACIFIC CENTURY TRUST,
as Trustee, as aforesaid
By By .
ItsASST., %/Q �
VICE PRESID
Grantee
APPROVED AS TO FORM:
Deputy Corporation Counsel
County of Hawaii
R
Its VICE PRESIDENT
Grantor
STATE OF HAWAII )
SS:
CITY & COUNTY OF HONOLULU )
fig g'�r/n1P
On this a5K1) day of SUNS *W, before me
appeared SHARMAN NOGUCHI and reuum roauuA to
me personally known, who, being by me duly swom, did say that they are the
/.::;T. VICE PRESIDEM and VICE PRESIDENT , respectively, of Bank of
Hawaii, a Hawaii corporation, by its division, Pacific Century Trust, as Trustee as
aforesaid, that the instrument was signed in behalf of the corporation by authority of its
Board of Directors; and said eueaMAN NOGUGHI and eew€m TMWDA
acknowledged such instrument to be the free act and deed of the corporation as such
Trustee.
NotaryPublic,State of awai
My commission expires 10 /7 x000
z.S
STATE OF HAWAII )
SS:
COUNTY OF HAWAII )
On this date of
I9 , before me
personally appeared
to me personally known, who,
ffi
being by me duly sworn or armed, did say that such person(s) executed the foregoing
instrument as the free act and deed of such person(s), and if applicable in the capacity
shown, having been duly authorized to execute such instrument in such capacity.
Notary Public, State of Hawaii
My Commission Expires:
TITLE GUARANTY OF HAWAII
wcovomr
HO VLU, www
134558 R HAWAIIAN TR CO LTD TR
/ E C D PTNRS
DATE OF RECORDING : OCTOBER 03, 1997
TITLE GUARANTY OF HAWAII, INCORPORATED DESCRIPTION : POR RP 1930 CT S1D00.00
HEREBY CERTIFIES THAT THIS IS A TRUE COPY DOCUMENT TYPE : D
OF THE ORIGINAL DOCUMENT RECORDED FILE 25"
REGULAR SYSTEM DOQBMENT NO. 97-lW$8
ON OCTOBER 03, 1997 AT 930 A.M.
BY.
N
Rerun by: MAIL (X ) PICKUP ( ) TO:
COUNTY OF HAWAII TITLE NO.: 254414
Dept of Public Works ESCROW NO.: 94-301-0543
25 Aupual Street, Room 202 JANET LUM WON
Hilo, HI %720425240 TOTAL NUMBER OF PAGES: to
TITLE OF DOCUMENT:
TRUSTEE'S QUITCLAIM DEED
PARTIES TO DOCUMENT:
GRANTOR: HAWAIIAN TRUST COMPANY, LIMITED, Trustee under the Trust created in
the Last Will and Testament o(Manuel s is P. O. Box 3170, Honolulu, HI 968OL3170"'th Powers to G
lease, etc, whose mailing
GRANTEE: COUNTY OF HAWAII, a municipal corporation duly existing under, pursuant to
and by virtue of the laws of the State of Hawaii, whose mailing address is 25
Aupuni Street, Hilo, HI %720
TAX MAP KEY (3) 7-5-018:008
40091 g7/K09900/RDT/Iu/8-7-97
a : to Dlt�
KNOW ALL MEN BY THESE PRESENTS:
That HAWAIIAN TRUST COMPANY, LIMITED, Trustee under the Trust
created in the Last Will and Testament of Manuel Gomes, with powers to sell, mortgage, lease,
etc., whose mailing address is P. O. Box 3170, Honolulu, HI 96802-3170, hereinafter called the
"Grantor", for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable consideration to the Grantor paid by COUNTYOF HAWAII, a municipal
corporation duly existing under, pursuant to and by virtue of the laws of the State of Hawaii,
whose mailing address is 25 Aupuni Street, Hilo, HI 96720, hereinafter called the "Grantee", the
receipt whereof is hereby acknowledged, does hereby remise, release .and forever quitclaim unto the
Grantee all of that certain real property designated on the tax maps of the Third Taxation Division,
State of Hawaii, as Tax Map Key 7-5-018:008, more particularly described in Exhibit A attached
hereto and made a part hereof, subject to the encumbrances noted therein.
TOGETHER WITH ALL and singular the buildings, improvements, rights, tenements,
hereditaments, easements, privileges and appurtenances thereunto belonging or appertaining or held
and enjoyed in connection therewith.
TO HAVE AND TO HOLD the same unto the Grantee, as its sole and separate
property, its successors and assigns, in fee simple forever.
TRUSTEE NOT PERSONALLY LIABLE. This instrument has been executed by
HAWAIIAN TRUST COMPANY, LUV=D, Trustee under the'Trust created in the Last Will
and Testament of Manuel Gomes, in its fiduciary capacity as said Trustee, and not in its individual
capacity. No personal liability or obligation under this instrument shall be imposed or assessed
against said Trustee in its individual capacity.
Grantor makes no representations or warranties of any nature whatsoever concerning
the soil or other conditions of the property, its fitness for a particular use or the real property's value
or ability to generate a particular economic return, or any other matters relating to the real property
and/or the improvements therein or thereon and the use or condition thereof. The Grantee is
purchasing and by receiving this deed accepting the property "AS Li, WHERE IS".
C
C
IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when
used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or
Plural number, individuals, associations, trustees, corporations or partnerships, and their and each of
their respective successors in interest, heirs, executors, personal representatives, administrators and
permitted assigns, according to the context thereof, and that if these presents shall be signed by two
or more grantors, or by two or more grantees, all covenants of such parties shall be and for all
purposes deemed to be their joint and several covenants.
IN WITNESS WHEREOF, the Grantor has executed. these presents on this
day of • 1997.
HAWAIIAN TRUST COMPANY, LIMITED, Trustee
under the Trust created in the Last Will and Testament of
Manuel Gomes
By SHARMAN NOGU HI
Its
By PAIILEiTE Y
Its viCE PRESIDENT
APPRO OFORM
C ncHw
CASE
BY
8 7.97
STATE OF HAWAII )
SS.
CITY AND COUNTY OF HONOLULU )
appeared
On this o1 TN day of A Uggu 5T , 1997, before me personally
'4' = ,..= n_�l::r„ rti sra GaaDe to me
known (or proved to me on the basis of satisfactory evidence), who, being by me duly sworn, did say
they are the ASSISTANT Ylti PRESIDOff and VICE M°SIDENT _ of HAWAIIAN TRUST
COMPANY, LMTED, a Hawaii corporation, Trustee as aforesaid; that the seal affixed to the
foregoing instrument is the corporate seal of said corporation and that said instrument was signed and
sealed on behalf of said corporation by authority of its Board of Directors; and said they
acknowledged said instrument as the free act and deed of said corporation, as Trustee as aforesaid.
Notary public
State of Hawaii
My commission expires: 101171-2000
LS
EXHIBIT A
All of that certain parcel of land (being
portion(s) of the land(s) described in and covered by Royal
Patent Number 1930, No. 3 to Asa Thurston, and Land Commission
Award Number 387, Part 4, Section 2 to American Hoard of
Commissioners for Foreign Missions) situate, lying and being on
the easterly side of Alii Drive, at Waiaha 1st, North Rona,
Island and County of Hawaii, State of Hawaii, and thus bounded
and described as per survey of Donald C. McIntosh, Licensed
Professional Land Surveyor, with Don McIntosh Consulting, dated
May 20, 1997, to -wit:
Beginning at a found pipe at the southwest
corner of this parcel of land, being also the northwest corner
of TNR: (3) 7-5-18:75 on the easterly side of Alii Drive, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "NORTH MERIDIAN" being 5,232.43
feet south and 2,200 east, thence running by azimuths measured
clockwise from true South:
1. 1710 31' 30" 5'20 feet side ofAM Drive he ttola
rebar and cap;
Thence, along the
easterly side of Alii
Drive along a curve to
the left with a radius of
5,754.70 feet, the chord
azimuth and distance
being;
2. 1700 25' 50" 219.84 feet to a rebar and cap;
3. 2610 31' 30" 192.56 feet long Parcel Br
along athe remainder of R.
P. 1930 No. to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 2 to
American Board of
Commissioners for Foreign
Missions to a rebar and
cap;
4. 3510 31' 30" 223.00 feet along athe gParcel Hl
remainder of R.
P. 1930 No. 3 to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 2 to
American Board of
Page 1 of 2
Commissioners for Foreign
Missions to a rebar and
cap;
810 31' 30" 188.36 feet along Parcel B,
along the remainder of R.
P. 1930 No. 3 to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 2 to
American Board of
Commissioners for Foreign
Missions and TKR: (3)
7-5-18:75 to the point of
beginning and containing
an area of 42,689 square
feet, or 0.980 acres,
more or less.
Said above described parcel of land having, been
acquired by BISHOP TRUST COMPANY, LIMITED, as Trustee under the
Trust created in the Last Will and Testament of Manuel Gomes,
by STIPULATED JUDGMENT dated May 9, 1975, December 30, 1974,
December 6, 1974, May 20, 1975, April 20, 1975, April 24, 1975
and May 7, 1975, filed in the Circuit Court of the Third
Circuit, State of Hawaii, Civil No. 1813, on June 2, 1975,
recorded in Liber 17806 at Page 63, on April 17, 1984.
SUBJECT HOWEVER TO:
Reservation in favor of the State of Hawaii of all mineral and metallic mines.
Pace 2 of 2
O
C J TICOR TITLE l DURANCE
12 0601 070 75755
Policy of Title Insurance
Hawaii Standard SUBJECT TO THE EXCLUSIONS FROM
Owner's Policy COVERAGE, THE EXCEPTIONS FROM
(1991) COVERAGE CONTAINED IN SCHEDULE B
AND THE CONDITIONS AND STIPULA-
TIONS, TICOR TITLE INSURANCE COM-
PANY, a California corporation, herein called
the Company, insures, as of Date of Policy
shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated
in Schedule A, sustained or incurred by the in-
sured by reason of:
2. Any defect in or lien or encumbrance on the
title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the
land.
The Company will also pay the costs, attor-
neys' fees and expenses incurred in defense
of the title, as insured, but only to the extent
provided in the Conditions and Stipulations.
Title to the estate or interest described in This policy shall not be valid or binding until
Schedule A being vested other than as countersigned below by an authorized signa-
stated therein; tory of the Company.
Issued by:
TITLE GUARANTY OF HAWAII
235 Queen Street
Honolulu, HI 96813
(808) 533 - 6261
Authorized Signatory
HAWAII STANDARD OWNER'S POLICY (1991)
Reorder Form No. 2362
TICOR TITLE INSURANC OMPANY
By QAC President
Secretary
ast
Exclusions from
Cove: age
The following matters are expressly excluded from the coverage of this
Fohcy and the Company will not pay loss or damage, costs, attorney's fees
or expenses which arise by reason at:
1. (a) Any law, ordinance or governmental regulation (including but not
limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy,
use. or enjoyment of the land; (ii) the Character, dimensions or
location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that
a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Dale of Policy.
(b) Any governmental police power not excluded by (a) above, except
to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records
at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been
recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at
Date of Policy, but known to the insured claimant or any agent of
the insured claimant and not disclosed in writing to the Company
by the insured claimant prior lathe date the insured claimant became
an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
Conditions and
Stipulations
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and subject to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowletlge'' or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of mailers affecting the land.
(d) "land the land described or referred to in Schedule A, or in Schedule
C it not provided for in Schedule A, and improvements affixed thereto which
by law constitute real property. The term "land" does not include any property
beyond the lines of the area described or referred to in the applicable
Schedule, nor any right, title, interest, estate or easement in abutting streets,
roads, avenues. alleys, lanes. ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage". mortgage, deed of trust, trust deed, or other security
instrument.
X
(e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the
estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws.
5, Taxes, assessments or obligations levied or created for any public
purpose or improvement, unless the amount thereof has been fixed, is
payable and recorded as a lien in the public records at Date of Policy.
6. Any facts, rights, interests or claims which are not recorded in the public
records at Date of Policy but which could be ascertained by an inspection
of the land or by making inquiry of persons in possession thereof.
7. Easements or claims of easements which are not recorded in the public
records at Date of Policy.
6. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments or any other facts which a correct boundary and
improvement survey or archaeological study would disclose. including
without limitation historic property and burial sites.
9. Rights or claims of persons or entities other than the insured involving
or arising out of: mineral or metallic mines; geothermal resources; water;
fishing; navigation; creation or loss of the land or any portion thereof
by accretion, avulsion or artificial means: persons residing on or otherwise
in possession of the land or any portion thereof; trails, roadways or other
rights of way, including without limitation any such rights or claims under
Chapter 264, Hawaii Revised Statutes; or native tenant entitlements under
Chapter 7, Hawaii Revised Statutes.
10. Any lien (or claim of lien) for services, labor or material arising lrom an
improvement or work related to the land, whether furnished before or
after Date of Policy and regardless of the legal effective date of any such
lien or claim, unless at the Date of Policy such lien or claim was recorded
in the public records or filed in the Circuit Court pursuant to Chapter
507, Hawaii Revised Statutes.
11. Any loss arising as a result of the inability or failure of the insured to
comply with applicable doing business laws of the State of Hawaii.
(f) "public records"'. records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relaong
to real property to purchasers for value and without knowledge. With respect
to Section 1(a)(iv) of the Exclusions from Coverage,''public records" shall
also include environmental protection liens filed in the records of the clerk
of the United States District Court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual condition
requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy
in favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured. or only so long as the insured shall
have liability by reason of covenants or warranty made by the insured in any
transfer or conveyance of the estate or interest. This policy shall not continue
in force in favor of any purchaser from the insured of either (i) an estate or
interest in the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below. (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
IN
adverse to the title to the estate or interest. as msurid which might cause
loss or damage for which the Company maybe haft..,y virtue of this policy.
or (iii) if ;itle to the estate or inter est as insured, is rejected as unmarketable.
It prompt notice shall not be given to the Company. then as to the insured
all liability of the Company shall terminate with regard to the matter or matters
for which prompt notice is required: provided, however, that failure to nolity
the Company Shall in no case prejudice the rights of any insured under this
policy unless the Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
0. DEFENSE AND PROSECUTION OF ACTIONS: DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the defense
of an insured in litigation in which any third parry asserts a claim adverse
to the title or interest as insured. but only as to those slated causes of action
alleging a defect, lien or encumbrance or other matter insured against by
this policy. The Company shall have the right to select counsel of its choice
(subject to the right of the insured to object for reasonable cause) to represent
the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel. The Company will not pay
any fees, Costs or expenses incurred by the insured in the defense of those
causes of action which allege matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirabte to establish the title to the estate or interest,
as insured, or to prevent or reduce loss or damage to the insured. The
Company may take any appropriate action under the terms of this policy,
whether or not it Shall be liable hereunder, and shall not thereby concede
liability or waive any provision of this policy. If the company shall exercise
its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed
a defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves that right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured
shall secure to the Company the right to so prosecute or provide defense
in the action or proceeding, and all appeals therein, and permit the Company
to use, at its option, the name of the insured for this purpose. Whenever
requested by the Company, the insured, at the Company's expense shall
give the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses. prosecuting or defending the action or
proceeding, or effecting settlement. and (ii) in any other lawful act which in
the opinion of the Company may be necessary or desirable to establish the
title to the estate or interest as insured. 11 the company is prejudiced by the
failure of the insured to furnish the required cooperation, the Company's
obligations to the insured under the policy shall terminate, including any
liability or obligation to defend. prosecute, or continue any litigation, with
regard to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
Idea or damage signed and sworn to by the insured Claimant shall be tumished
to the Company within 90 days after the insured claimant shalt ascertain the
facts giving rise to the loss or damage. The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating the amount
of the loss or damage. If the Company is prejudiced by the failure of the
insured claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate.
including any liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such proof of loss
or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the Company
and shall produce for examination. inspection and copying, at such reasonable
times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda. whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage. Further. if requested by any
authorized representative of the Companythe insured claimant shall grant
its permission, in writing, for any authorized representative of the Company
to examine, inspect and \ / all records, boors. ledgers. ^leo KS.
correspondence and memoi in the custody or control of a third parry.
which reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company pursuant
to this Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of the claim.
Failure of the insured claimant to submit for examination under oath, produce
other reasonably requested information or grant permission to secure
reasonably necessary information from third parties as required in this
paragraph shall terminate any liability of the Company under this policy as
to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment in the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment
or tender of payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the payment
required. shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, and the policy shall be surrendered to
the Company for cancellation.
(b) To Pay or Otherwise Settle with Parties Other than the Insured
or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of
an insured claimant any claim insured against under this Policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by Company up to the time of payment
and which the Company is obligated to pay; or
(it) to pay or otherwise settle with the insured claimant the loss or,
damage provided for under this policy. together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs ot) or (ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to
be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the amount of insurance stated in Schedule A; or
(it) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the
defect, lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schebule A at the Date
of Policy is less than 80 percent of the value of the insured estate or interest
or the full consideration paid for the land, whichever is less. or if subsequent
to the Date of Policy an improvement is erected on the land which increases
the value of the insured estate or interest by at least 20 percent over the
amount of insurance stated in Schedule A, then this Policy is subject to the
following:
(i) where no subsequent improvement has been made. as to any partial
loss. the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(it) where a subsequent improvement has been madeas to any partial
loss, the Company Shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to
the sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of ;h6 paragraph small not apply to costs. attorneys' fees
and expenses for which the Company is liable under this policy. and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs. attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
R _ APPORTIONMENT
If the land described in the applicable Schedule consists of two or more
parcels which are not used as a single site, and a loss is established affecting
one or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the whole,
exclusive of any improvements made subsequent to Date of Policy, unless
a liability or value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy and shown
by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or
with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent
jurisdiction, and disposition of all appeals therefrom, adverse to the title as
insured.
of The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION Oft INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs, attorneys'
fees and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed, assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or interest
described or referred to in Schedule A, and the amount so paid shall be
deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed,
in which case proof of loss or destruction shall be furnished to the satisfaction
of the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payble within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy. all right of subrogalion shall vest in the Company unaffected by any
act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person
Or property in respect to the claim had this policy not been issued. If requested
by the Company, the insured claimant shall transfer to the Company all rights
and remedies against any person or properly necessary n order to perfect
this right of subrogation. The insured claimant shall permit the Company to
sue, compromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation involving
these rights or remedies.
It a payment on account Of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the whole
amount of the loss.
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required to pay only that part of any losses insured against by this policy
which shall exceed the amount, if any, lost to the Company by reason of the
impairment by the insured claimant Of the Company's right of Subrogation.
(b) The Company's Rights Against Non -Insured Obligors.
The Company's right of subrogation against non-insured obligors shall
exist and shall include, without litigation, the rights of the insuretl to
indemnities, guaranties, other policies of insurance or bonds, notwithstanding
any terms or conditions contained in those instruments which provide for
subrogation rights by reason of this polity.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association. Arbitrable matters may include, but are
not limited to, any controversy or claim between the Company and the insured
arising out of or relating to this policy, any service of the Company in
connection with its Issuance or the breach Of a policy provision or other
obligation. All arbitrable matters when the Amount of Insurance is $1,000,000
or less shall be arbitrated at the option of either the Company or the insured.
All arbitrable matters when the Amount of Insurance is in excess of
$1,000,000, shall be arbitrated only when agreed to by both the Company
and the insured; Arbitration pursuant to this policy and under the Rules in
effect on the date the demand for arbitration is made or. at the option of the
insured, the Rules in effect at Date of Policy shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which
the land is located permit It court to award attorneys' fees to a prevailing
parry. Judgment upon the award rendered by the Arbitrator(s) may be entered
in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Tide Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any attached hereto by
the Company is the entire policy and contract between the insured and the
Company. In interpreting tiny provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss of damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest covered
hereby or by any action asserting such claim, shall be restricted to this Policy.
(c) No amendment of or endorsement to this policy can be made except
by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision.
all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shalt include the number
of this policy and shall be addressed to the Company at Ticor Title
Insurance Company, Claims Department, P.O. Box 2233, Los Angeles,
California 90051.
JJCID CID �rIUri JJ%I JJJJJQIl%J9_DJ JJJ%gr fg Jf`JJJJJJJJJJIJJ�JI�J
O
SCHEDULE A
Premium: $585.00
Amount of Insurance: $150,765.00
Date of Policy: October 21, 1997 at 9:30 a.m.
Policy No.: T70-075755
TG File No.: 254414
Hawaii Standard Owner's Policy (1991)---------
-----------------------------------------------------
1. Name of Insured:
COUNTY OF HAWAII, a municipal corporation duly existing
under, pursuant to and by virtue of the laws of the State of
Hawaii, as Fee Owner
2. Title to the estate or interest in the land is vested in:
THE NAMED INSURED
3. The estate or interest in the land which is covered by this
policy is:
FEE SIMPLE
4. The land referred to in this policy is described as follows:
See Schedule C.
254414 TITLE GUARANTY OF HAWAII Page 1
INCORPORATED
T70-075756
SCHEDULE B
All matters set forth in the paragraphs below the caption
"Exclusions from Coverage" on the inside cover of this Policy
and the following matters are expressly excluded from the
coverage of this Policy and the Company will not pay loss or
damage, costs, attorney's fees or expenses which arise by reason
thereof.
1. Real Property Taxes, second Installment, Fiscal Year July
1, 1997 - June 30, 1998.
Payable on or before February 20, 1998.
Tax Key: 7-5-018-008 (3) Area Assessed: 19.930 acres
-Note:- Attention is invited to the fact that the premises
covered herein may be subject to possible rollback
or retroactive property taxes.
2. Reservation in favor of the State of Hawaii. of all mineral
and metallic mines.
3. Claims arising out of customary and traditional rights and
practices, including without limitation those exercised for
subsistence, cultural, religious, access or gathering
purposes, as provided for in the Hawaii Constitution or the
Hawaii Revised Statutes.
END OF SCHEDULE B
254414 �J TLE GUARANTY OF HAWAAII
"(COAAOAATED
�ngn�pi_i .c 11
Page 2
T70-075756
SCHEDULE C
The land referred to in this policy is described as follows:
All of that certain parcel of land (being
portion(s) of the land(s) described in and covered by Royal
Patent Number 1930, No. 3 to Asa Thurston, and Land Commission
Award Number 387, Part 4, Section 2 to American Board of
Commissioners for Foreign Missions) situate, lying and being on
the easterly side of Alii Drive, at Waiaha 1st, North Kona,
Island and County of Hawaii, State of Hawaii, and thus bounded
and described as per survey of Donald C. McIntosh, Licensed
Professional Land Surveyor, with Don McIntosh Consulting, dated
May 20, 1997, to -wit:
Beginning at a found pipe at the southwest
corner of this parcel of land, being also the northwest corner
of TMK: (3) 7-5-18:75 on the easterly side of Alii Drive, the
coordinates of said point of beginning referred to Government
Survey Triangulation Station "NORTH MERIDIAN" being 5,232.43
feet south and 2,200 east, thence running by azimuths measured
clockwise from true South:
1. 171° 31' 30" 5.20 feet along the easterly
side of Alii Drive to a
rebar and cap;
Thence, along the
easterly side of Alii
Drive along a curve to
the left with a radius of
5,754.70 feet, the chord
azimuth and distance
being;
2. 1700 25' 50" 219.84 feet to a rebar and cap;
3. 2610 31' 30" 192.56 feet along athe gParcel Bl
remainder of R.
P. 1930 No. to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 2 to
American Board of
254414 TITLE GUARANTY OF HAWAII Page 3
INCORPORATED
wo�oi u_U n�wau
4.
SCHEDULE C CONTINUED
Commissioners for Foreign
Missions to a rebar and
cap;
3510 31' 30" 223.00 feet alone Parcel B,
along the remainder of R.
P. 1930 No. 3 to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 2 to
American Board of
Commissioners for Foreign
Missions to a rebar and
cap;
810 31' 30" 188.36 feet along Parcel B,
along the remainder of R.
P. 1930 No. 3 to Asa
Thurston, L. C. Aw. 387,
Part 4, Sec. 20 to
American Board of
Commissioners for Foreign
Missions and TMK: (3)
7-5-18:75 to the point of
beginning and containing
an area of 42,689 square
feet, or 0.980 acres,
more or less.
BEING THE PREMISES ACQUIRED BY TRUSTEE'S QUITCLAIM DEED
GRANTOR HAWAIIAN TRUST COMPANY, LIMITED, Trustee
under the Trust created in the Last Will and
Testament of Manuel Gomes
GRANTEE COUNTY OF HAWAII, a municipal corporation
duly existing under, pursuant to and by
virtue of the laws of the State of Hawaii
DATED August 27, 1997
RECORDED Document No. 97-134558
END OF SCHEDULE C
254414 OTITLE GUARANTY OF HAWAII Page 4
INCORPORATED O
HONOLULU HAWAII
EXHIBIT A
PARCEL A
LAND SITUATED ON THE EASTERLY SIDE OF ALII DRIVE
AT WAIAHA 1ST., NORTH KONA, HAWAII, HAWAII
BEING A PORTION OF ROYAL PATENT 1930, NO.3
TO ASA THURSTON AND A PORTION OF
LAND COMMISSION AWARD 387, PART 4, SECTION 2
TO AMERICAN BOARD OF COMMISSIONERS FOR FOREIGN MISSIONS
Beginning at a found pipe at the Southwest corner of this parcel of land, being also the
Northwest corner of TMK: (3) 7-5-18:75 on the Easterly side of Alii Drive, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "NORTH MERIDIAN""
being 5,232.43 feet South and 2,200.53 East, thence running by azimuths measured clockwise from
True South:
1. 1710 31' 30" 5.20 feet along the Easterly side of Alii drive to a rebar and cap;
Thence, along the Easterly side of Alii Drive along
a curve to the left with a radius of 5,754.70 feet, the
chord azimuth and distance being;
2. 1700 25' 50" 219.84 feet to a rebar and cap;
3. 2610 31' 30" 192.56 feet along Parcel B, along the remainder of R. P. 1930 No. 3
to Asa Thurston, L. C. Aw. 387, Part 4, Sec. 2 to
American Board of Commissioners for Foreign Missions
to a rebar and cap;
4. 351° 31' 30" 223.00 feet along Parcel B, along the remainder of R- P. 1930 No. 3
to Asa Thurston, L. C. Aw. 387, Part 4, Sec. 2 to
American Board of Commissioners for Foreign Missions
to a rebar and cap;
5. 81" 31' 30" 188.36 feet along Parcel B, along the remainder of R. P. 1930 No. 3
1 of 2
DON MclNTOSH CONSULTING
P. 0. Box 58
Kailua-Kona, Hawaii 96745-0058
TMK: (3) 7-5-18:Por. 8
JOB NO: 2012-97
EXHIBIT A
to Asa Thurston, L. C. Aw. 387, Part 4, Sec. 2 to
American Board of Commissioners for Foreign Missions
and TMK: (3) 7-5-18:75 to the point of beginning and
containing an area of 42,6139 square feet or 0.980 acre.
:NO.
0DON McINTOSH CONSULTING
G
„�68, V5 Donald C. McIntosh, #4968
Licensed Professional Land Surveyor
Kailua-Kona, Hawaii
May 20, 1997
DON McINTOSH CONSULTING
P. O. Box 58
Kailua-Kona, Hawaii 96745-0058
IrT.I
2 of 2
TMK: (3) 7-5-18:Por. 8
JOB NO: 2012-97