HomeMy WebLinkAboutRES 410 Draft 01 2014-2016 COUNTY OF HAWAII -+: �e*• STATE OF HAWAII
RESOLUTION NO. 410 16
A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAYS FOR PUALANI
ESTATES SUBDIVISION PHASE 3, BEING TMK NO'S: (3) 7-5-041:112, (3) 7-5-041:113,
(3) 7-5-041:114, (3) 7-5-041:115 AND (3) 7-5-043:164, SITUATED AT PUAPUAAIKI 1ST,
DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF
HAWAII FROM D.R. HORTON— SCHULER HOMES, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, dba D.R. HORTON-SCHULER DIVISION.
WHEREAS, D.R. Horton— Schuler Homes, LLC, a Delaware limited liability company,
dba D.R. Horton-Schuler Division (hereinafter"Schuler Homes"), is the fee simple owner of
those certain roadway parcels of land for Pualani Estates Subdivision Phase 3, situated at
Puapuaaiki 1St, District of North Kona, Island and County of Hawai`i, State of Hawai`i, identified
as TMK No's: (3) 7-5-041:112, (3) 7-5-041:113, (3) 7-5-041:0114, (3) 7-5-041:115 and (3) 7-5-
043:164 (hereinafter collectively"roadways), as described in Exhibit "A" and delineated on
Exhibit "B"which are attached hereto and made a part hereof; and
WHEREAS, Schuler Homes has constructed all subdivision improvements and received
final subdivision approval for the Pualani Estates Subdivision Phase 3, including the roadways;
and
WHEREAS, Schuler Homes is desirous of dedicating the above roadways and all
improvements thereon to the County of Hawai`i for road purposes, and the roadways and
improvements have been inspected and approved by the Department of Public Works, and
received dedication approval from the Department of Water Supply, the Planning Department
and the Department of Environmental Management; and
WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from
receiving by dedication any streets in any subdivision platted after December 2, 1966 except
upon full compliance with provisions of Chapter 23; and
WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the
Council may accept gifts, including real estate or any interest in real estate, on behalf of the
County of Hawai`i; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it
finds the subject roadways and improvements thereon are in full compliance with the provisions
of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies,
and that it is in the public interest to accept such dedication.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and
Chapter 23 of the Hawai`i County Code, that the County of Hawai`i accepts the dedication of
roadways, identified as TMK No's: (3) 7-5-041:112, (3) 7-5-041:113, (3) 7-5-041:114, (3) 7-5-
041:115 and(3) 7-5-043:164, described in Exhibit "A" and delineated on Exhibit "B" for public
road purposes.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to: (1) the Honorable William P. Kenoi, Mayor of the County of Hawai`i; (2) the
Department of Public Works; (3) Deputy Corporation Counsel Ronald Kim; and(4) D.R.
Horton-Schuler Homes, LLC, dba D.R. Horton-Schuler Division, a Delaware limited liability
company, Attn: Vanessa Yanagawa, 650 Iwilei Road, Suite 209, Honolulu, Hawai`i 96817.
Dated at Kona , Hawai`i, this 16th day of March , 2016.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawai`i on March 16. 2016 X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
(9-e.A°
WILLS X
9 0 0 0
Reference: C-697/PWFRC-29
41.0 16
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO.
PARCEL FIRST: TMK; (3) 7-5-041:112
ROADWAY LOT A
(Ho'omama Street)
at Puapuaaiki 1st, North Kona, Island and County of Hawaii, State of Hawaii
being a portion of L. C. Aw. 4887, R. P. 6716, Ap. 2 to Thomas Sams
being also a portion of Lot C of the Consolidation of Lot 1 and Parcel 28 and
Resubdivision into Lots A, B and C
Beginning at the northeast corner of this parcel of land, being the west corner of Lot 3 of
•
the Pualani Estates Subdivision Phase ill, being also the south side of Lot C, the
coordinates of said point of beginning referred to Government Survey Triangulation
Station "KAHELO" being 1384.44 feet north and 5241.78 feet east and running by
azimuths measured clockwise from South:
1. 350° 31' 31" 56.73 feet along the west side of Lots 3 and 4;
Thence along the west side of Lots 4 thru 6 on a curve to the right with a radius of
325.00 feet, the chord azimuth and distance being:
2. 2° 08' 27" 130.87 feet;
3. 13° 45' 22" 10.72 feet along the west side of Lot 6;
Thence along the west side of Lot 6 on a curve to the left with a radius of 20.00 feet, the
chord azimuth and distance being:
4. 328° 45' 11" 28.28 feet;
5. 103° 45' 40.02 feet along the north side of Puapuaanui
Street;
Thence along the north side of Puapuaanui Street on a curve to the left with a radius of
630.00 feet, the chord azimuth and distance being:
6. 101° 32' 35" 48.48 feet;
Thence along the east side of Lot 1 on a curve to the left with a radius of 20.00 feet, the
chord azimuth and distance being:
Pualani Estates Phase 3—Roads
22594/251/878998.2 1
•
Exhibit "A"
7. 236° 32' 59" 27.18 feet;
8. 193° 45' 22" 12.65 feet along the east side of Lot 1;
Thence along the east side of Lot 1 and 2 on a curve to the left with a radius of 275.00
feet, the chord azimuth and distance being:
9. 182° 08' 27" 110.74 feet;
10. 170° 31' 31" 45.32 feet along the east side of Lot 2;
11. 241° 43' 22.57 feet along the south side of Lot C;
12. 252° 18' 40" 28.93 feet to the point of beginning and containing
an area of 10,395 square feet, more or less.
TOGETHER WITH Easement C-1 for access and utility purposes, containing an area of
0.858 acre, more or less, as granted by that certain Grant of Easement effective as of
January 14, 2003, recorded in the Bureau of Conveyances, State of Hawaii, as
Document No. 2003-008566, said Easement C-1 being more particularly described
therein.
Being a portion of the land conveyed by the following:
LIMITED WARRANTY DEED
Grantor • Pualani Estates, Inc., a Hawaii corporation
Grantee : D.R. HORTON - SCHULER HOMES, LLC, a Delaware
limited liability company, dba D.R. HORTON-SCHULER
DIVISION, Tenant in Severalty
Dated • October 19, 2004
Recorded : Document No. 2004-215171
PARCEL SECOND: TMK: (3) 7-5-041:113
ROADWAY LOT B
(Ka'ane'e Place)
at Puapuaaiki 1st, North Kona, Island and County of Hawaii, State of Hawaii
being a portion of L. C. Aw. 4887, R. P. 6716, Ap. 2 to Thomas Sams
Pualani Estates Phase 3—Roads
22594/251/876998.2 2
being also a portion of Lot C of the Consolidation of Lot 1 and Parcel 28 and
Resubdivision into Lots A, B and C
Beginning at the Southeast corner of this parcel of land, being the South corner of Lot
17 of the Pualani Estates Subdivision Phase Ill, being also the North side of
Puapuaanui Street, the coordinates of said point of beginning referred to Government
Survey Triangulation Station "KAHELO" being 1101.31 feet North and 5510.91 feet East
and running by azimuths measured clockwise from South:
1. 103° 45' 90.00 feet along the North side of Puapuaanui
Street;
Thence along the East side of Lot 7 on a
curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
2. 238° 45' 11" 28.28 feet;
3. 193° 45' 22" 43.71 feet along the East side of Lot 7;
Thence along the East side of Lots 7 thru 9
on a curve to the left with a radius of 375.00
feet, the chord azimuth and distance being:
4. 185° 59' 22" 101.35 feet;
Thence along the East side of Lot 9 on a
curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
5. 155° 55' 23" 30.36 feet;
Thence along Lots 9 thru 11 on a curve to
the right with a radius of 45.00 feet, the
chord azimuth and distance being:
6. 209° 19' 56" 87.21 feet;
Thence along Lots 12 thru 14 on a curve to
the right with a radius of 45.00 feet, the
chord azimuth and distance being:
7. 339° 17' 24" 73.04 feet;
Pualani Estates Phase 3--Roads
22594/251/876998.2 3
Thence along the West side of Lot 14 on a
curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
8. 15° 13' 52" 25.13 feet;
Thence along Lots 14 thru 17 on a curve to
the right with a radius of 425.00 feet, the
chord azimuth and distance being:
9. 05° 20' 23" 124.41 feet;
10. 13° 45' 22" 43.70 feet along the West side of Lot 17;
Thence along the West side of Lot 17 on a
curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
11. 328° 45' 11" 28.28 feet to the point of beginning and containing
an area of 16,077 square feet, more or less.
TOGETHER WITH Easement C-1 for access and utility purposes, containing an area of
0.858 acre, more or less, as granted by that certain Grant of Easement effective as of
January 14, 2003, recorded in the Bureau of Conveyances, State of Hawaii, as
Document No. 2003-008566, said Easement C-1 being more particularly described
therein.
Being a portion of the land conveyed by the following:
LIMITED WARRANTY DEED
Grantor • Pualani Estates, Inc., a Hawaii corporation
Grantee D.R. HORTON - SCHULER HOMES, LLC, a Delaware
limited liability company, dba D.R. HORTON-SCHULER
DIVISION, Tenant in Severalty
Dated • October 19, 2004
Recorded • Document No. 2004-215171
Pualani Estates Phase 3—Roads
22594/251/876998.2 4
PARCEL THIRD: TMK: (3) 7-5-041:114
ROADWAY LOT C
(Kipehi Place)
at Puapuaaiki 1st, North Kona, Island and County of Hawaii, State of Hawaii
being a portion of L. C. Aw. 4887, R. P. 6716, Ap. 2 to Thomas Sams
being also a portion of Lot C of the Consolidation of Lot 1 and Parcel 28 and
Resubdivision into Lots A, B and C
Beginning at the southeast corner of this parcel of land, being the south corner of Lot 32
of the Pualani Estates Subdivision Phase III, being also the north side of Puapuaanui
Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 1037.13 feet north and 5773.17 feet east and
running by azimuths measured clockwise from South:
1. 103° 45' 90.00 feet along the north side of Puapuaanui
Street;
Thence along the east side of Lot 18 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
2. 238° 45' 11" 28.28 feet;
3. 193° 45' 22" 99.06 feet along the east side of Lot 18 and 19;
Thence along the east side of Lots 19 thru 21 on a curve to the left with a radius of
375.00 feet, the chord azimuth and distance being:
4. 182° 08' 27" 151.01 feet;
5. 170° 31' 31" 81.91 feet along the east side of Lots 22 and 23;
Thence along the east side of Lot 23 on a curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
6. 150° 27' 57" 27.44 feet;
Thence along Lots 23, 24 and 25 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
Pualani Estates Phase 3--Roads
22594/251/876998.2 5
7. 212° 06' 59" 89.06 feet;
Thence along Lots 26 and 27 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
8. 342° 14' 07" 67.31 feet;
Thence along the west side of Lot 27 on a curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
9. 10° 35' 06" 27.44 feet;
10. 350° 31' 31" 81.91 feet along the west side of Lots 27 and 28;
Thence along the west side of Lots 28 thru 31 on a curve to the right with a radius of
425.00 feet, the chord azimuth and distance being:
11. 02° 08' 27" 171.14 feet;
12. 13° 45' 22" 99.05 feet along the west side of Lot 31 and 32;
Thence along the west side of Lot 32 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
13. 328° 45' 11" 28.28 feet to the point of beginning and containing
an area of 25,368 square feet, more or less.
TOGETHER WITH Easement C-1 for access and utility purposes, containing an area of
0.858 acre, more or less, as granted by that certain Grant of Easement effective as of
January 14, 2003, recorded in the Bureau of Conveyances, State of Hawaii, as
Document No. 2003-008566, said Easement C-1 being more particularly described
therein.
Being a portion of the land conveyed by the following:
LIMITED WARRANTY DEED
Grantor : Pualani Estates, Inc., a Hawaii corporation
Grantee : D.R. HORTON - SCHULER HOMES, LLC, a Delaware
limited liability company, dba D.R. HORTON-SCHULER
DIVISION, Tenant in Severalty
Dated : October 19, 2004
Recorded : Document No. 2004-215171
Pualani Estates Phase 3—Roads
22594/251/876998.2 6
PARCEL FOURTH: TM K: (3) 7-5-041:115
ROADWAY LOT D
(Haku Mele Street) •
at Puapuaaiki 1st, Puapuaanui 1st, North Kona, Island and County of Hawaii, State of
Hawaii
being a portion of L. C. Aw. 4887, R. P. 6716, Ap. 2 to Thomas Sams and a portion of L.
C. Aw. 8559-B, R. P. 7819, Ap. 8 to William C. Lunalilo
being also a portion of Lot C of the Consolidation of Lot 1 and Parcel 28 and
Resubdivision into Lots A, B and C
Beginning at the southeast corner of this parcel of land, being the south corner of Lot 48
of the Pualani Estates Subdivision Phase Ill, being also the north side of Puapuaanui
Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 972.96 feet north and 6035.43 feet east and
running by azimuths measured clockwise from South:
1. 103° 45' 90.00 feet along the north side of Puapuaanui
Street;
Thence along the east side of Lot 33 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
2. 238° 45' 11" 28.28 feet;
3. 193° 45' 22" 48.67 feet along the east side of Lot 33;
Thence along the east side of Lots 33 thru 37 on a curve to the left with a radius of
575.00 feet, the chord azimuth and distance being:
4. 179° 14' 27" 288.24 feet;
5. 164° 43' 31" 91.91 feet along the east side of Lots 37 and 38;
Thence along the east side of Lot 38 on a curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
6. 144° 39' 57" 27.44 feet;
Pualani Estates Phase 3—Roads
22594/251/876998.2 7
Thence along Lots 38 thru 40 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
7. 196° 56' 33" 85.78 feet;
Thence along Lots 41 thru 43 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
8. 327° 04' 26" 76.16 feet;
Thence along the west side of Lot 43 on a curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
9. 04° 47' 05" 27.44 feet;
10. 344° 43' 31" 91.91 feet along the west side of Lot 43;
Thence along the west side of Lots 43 thru 48 on a curve to the right with a radius of
625.00 feet, the chord azimuth and distance being:
11. 359° 14' 26" 313.30 feet;
12. 13° 45' 22" 48.66 feet along the west side of Lot 48;
Thence along the west side of Lot 48 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
13. 328° 45' 11" 28.28 feet to the point of beginning and containing
an area of 30,440 square feet, more or less.
TOGETHER WITH Easement C-1 for access and utility purposes, containing an area of
0.858 acre, more or less, as granted by that certain Grant of Easement effective as of
January 14, 2003, recorded in the Bureau of Conveyances, State of Hawaii, as
Document No. 2003-008566, said Easement C-1 being more particularly described
therein.
Pualani Estates Phase 3—Roads
22594/251/876998.2 8
Being a portion of the land conveyed by the following:
LIMITED WARRANTY DEED
Grantor : Pualani Estates, Inc., a Hawaii corporation
Grantee : D.R. HORTON - SCHULER HOMES, LLC, a Delaware
limited liability company, dba D.R. HORTON-SCHULER
DIVISION, Tenant in Severalty
Dated : October 19, 2004
Recorded : Document No. 2004-215171
PARCEL FIFTH: TMK: (3) 7-5-043:164
ROADWAY LOT E
(Paulehia Street/ Hakuhaku Street/ 'Opikanalani Place)
at Puapuaaiki 1st, Puapuaanui 1st, North Kona, Island and County of Hawaii, State of
Hawaii
being a portion of L. C. Aw. 4887, R. P. 6716, Ap. 2 to Thomas Sams and a portion of L.
C. Aw. 8559-B, R. P. 7819, Ap. 8 to William C. Lunalilo
being also a portion of Lot C of the Consolidation of Lot 1 and Parcel 28 and
Resubdivision into Lots A, B and C
Beginning at the south corner of this parcel of land, being the south corner of Lot 91 of
the Pualani Estates Subdivision Phase III, being also the north side of Puapuaanui
Street, the coordinates of said point of beginning referred to Government Survey
Triangulation Station "KAHELO" being 857.06 feet north and 6281.50 feet east and
running by azimuths measured clockwise from South:
1. 123° 27' 51.08 feet along the north side of Puapuaanui
Street;
Thence along the north side of Puapuaanui Street on a curve to the left with a radius of
630.00 feet, the chord azimuth and distance being:
2. 121° 04' 18" 52.29 feet;
Thence along the east side of Lot 49 on a curve to the left with a radius of 25.00 feet,
the chord azimuth and distance being:
Pualani Estates Phase 3—Roads
22594/251/876998.2 9
3. 246° 13' 27" 39.65 feet;
4. 193° 45' 22" 32.62 feet along the east side of Lot 49;
Thence along the east side of Lots 49 thru 52 on a curve to the left with a radius of
575.00 feet, the chord azimuth and distance being:
5. 183° 42' 10" 200.75 feet;
6. 173° 38' 58" 60.10 feet along the east side of Lot 52;
Thence along the east side of lots 52, 53, 54 and 43 on a curve to the left with a radius
of 1975.00 feet, the chord azimuth and distance being:
7. 169° 11' 15" 307.31 feet;
8. 164° 43' 31" 219.97 feet along the east side of Lots 43, 55, 56
and 57;
9. 248° 32' 46.39 feet along the south side of Lot D;
10. 254° .46' 3.88 feet along the south side of Lot D;
11. 344° 43' 31" 224.97 feet along the west side of Lots 64, 63 and
62;
Thence along the west side of Lots 62 thru 58 on a curve to the right with a radius of
2025.00 feet, the chord azimuth and distance being:
12.. 348° 23' 39" 259.16 feet;
Thence along the west side of Lot 58 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
13. 304° 41' 38" 29.43 feet;
14. 257° 19' 29" 35.28 feet along the south side of Lot 58;
Thence along the south side of Lot 58 on a curve to the left with a radius of 575.00 feet,
the chord azimuth and distance being:
15. 256° 01' 30" 26.09 feet;
Pualani Estates Phase 3--Roads
22594/251/876998.2 10
16. 254° 43' 31" 40.08 feet along the south of Lot 58;
Thence along the east side of Lot 58 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
17. 209° 43' 31" 28.28 feet;
18. 164° 43' 31" 289.85 feet along the east side of Lots 58 thru 62;
Thence along the east side of Lots 62 and 63 on a curve to the left with a radius of
40.00 feet, the chord azimuth and distance being:
19. 144° 39' 57" 27.44 feet;
Thence along Lots 63, 64 and 65 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
20. 203° 02' 07" 88.17 feet;
Thence along Lots 66 and 67 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
21. 333° 09' 17" 70.62 feet;
Thence along the east side of Lot 67 on a curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
22. 04° 47' 06" 27.44 feet;
23. 344° 43' 31" 289.85 feet along the west side of Lots 67 thru 70;
Thence along the west side of Lot 70 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
24. 299° 43' 31" 28.28 feet;
25. 254° 43' 31" 54.92 feet along the south side of Lot 70;
26. 344° 43' 50.00 feet along the east side of Lot 131;
27. 74° 43' 31" 54.93 feet along the north side of Lot 71;
Thence along the west side of Lot 71 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
Pualani Estates Phase 3--Roads
22594/251/876998.2 11
28. 29° 43' 31" 28.28 feet;
29. 344° 43' 31" 170.97 feet along the west side of Lots 71 thru 73;
Thence along the west side of Lots 73 thru 75 on a curve to the right with a radius of
425.00 feet, the chord azimuth and distance being:
30. 355° 54' 26" 164.84 feet;
Thence along the west side of Lot 75 on a curve to the left with a radius of 40.00 feet,
the chord azimuth and distance being:
31. 348° 46' 12" 25.14 feet;
Thence along Lots 75, 76 and 77 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
32. 26° 14' 55" 74.44 feet;
Thence along Lots 78, 79 and 80 on a curve to the right with a radius of 45.00 feet, the
chord azimuth and distance being:
33. 156° 12' 30" 86.58 feet;
Thence along Lots 80 and 81 on a curve to the left with a radius of 40.00 feet, the chord
azimuth and distance being:
34. 208° 05' 03" 30.34 feet;
Thence along the east side of Lots 81 thru 83 on a curve to the left with a radius of
375.00 feet, the chord azimuth and distance being:
35. 175° 15' 41" 137.14 feet;
36. 164° 43' 31" 170.97 feet along the east side of Lots 83 thru 85;
Thence along the east side of Lot 85 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
37. 119° 48' 17" 28.28 feet;
38. 74° 43' 31" 40.13 feet along the north side of Lot 85;
Pualani Estates Phase 3—Roads
22594/251/876998.2 12
Thence along Lots 85 and 86 on a curve to the right with a radius of 625.00 feet, the
chord azimuth and distance being:
39. 76° 01' 30" 28.35 feet;
40. 77° 19' 29" 44.47 feet along the north side of Lot 86;
Thence along the west side of Lot 86 on a curve to the left with a radius of 20.00 feet,
the chord azimuth and distance being:
41. 35° 29' 14" 26.68 feet;
42. 353° 38' 58" 26.25 feet along the west side of Lot 86;
Thence along the west side of Lots 86 thru 90 on a curve to the right with a radius of
625.00 feet, the chord azimuth and distance being:
43. 03° 42' 10" 218.21 feet;
44. 13° 45' 22" 66.02 feet along the west side of Lots 90 and 91;
Thence along the west side of Lot 91 on a curve to the left with a radius of 25.00 feet,
the chord azimuth and distance being:
45. 338° 36' 11" 28.79 feet to the point of beginning and containing
an area of 105,125 square feet, more or
less.
TOGETHER WITH Easement C-1 for access and utility purposes, containing an area of
0.858 acre, more or less, as granted by that certain Grant of Easement effective as of
January 14, 2003, recorded in the Bureau of Conveyances, State of Hawaii, as
Document No. 2003-008566, said Easement C-1 being more particularly described
therein.
Being a portion of the land conveyed by the following:
LIMITED WARRANTY DEED
Grantor : Pualani Estates, Inc., a Hawaii corporation
Grantee : D.R. HORTON - SCHULER HOMES, LLC, a Delaware
limited liability company, dba D.R. HORTON-SCHULER
DIVISION, Tenant in Severalty
Dated : October 19, 2004
Recorded : Document No. 2004-215171
Pualani Estates Phase 3—Roads
22594/251/876998.2 13
SUBJECT, HOWEVER, to:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. UNRECORDED GRANT OF EASEMENT
Dated: October 1, 1958
Grantor: Frank Gouveia
Grantee: Hilo Electric Light Company, Limited
more particularly described in instrument dated May 17, 1973 and
recorded in Liber 9167, Page 2
3. AGREEMENT FOR ASSIGNMENT OF RIGHTS TO WATER COMMITMENT
UNITS KEALAKEKUA WATER SOURCE AGREEMENT:
By and Between: Robert Leon Daniel, "Assignor"; and Pualani Development
Company, a Hawaii joint venture "Assignee"
Effective As Of: June 30, 1988
Recorded: Book 22451, Page 332
CONSENT
By: The Water Commission of the County of Hawaii
Dated: September 27, 1988
Recorded: Book 22451, Page 338
4. Restrictions, covenants, conditions, terms, provisions, reservations and
agreements as contained in:
DECLARATION:
Dated: October 5, 1989
Recorded: Book 23776, Page 653
5. Covenants, conditions, restrictions, reservations, agreements, obligations,
easements and other provisions set forth in:
DEED
Dated: October 19, 2004
Recorded: Document No. 2004-215171
END OF EXHIBIT "A"
Pualani Estates Phase 3—Roads
22594/251/876998.2 14
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