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COUNTY OF HAWAII �': Y -.>�/ •` STATE OF HAWAII
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RESOLUTION NO. 412 16
A RESOLUTION ACCEPTING A BILL OF SALE AND GRANT OF EASEMENTS FOR
SEWER FACILITIES FOR PUALANI ESTATES SUBDIVISION PHASES 1 AND 2,
BEING INSTALLED ON, AND/OR USING EASEMENTS OVER, ACROSS, AND/OR
UNDER TMK NO'S: (3) 7-5-041:004, (3) 7-5-042:012, (3) 7-5-041:039, AND (3) 7-5-
041:051; "EASMENT 22" OVER AND ACROSS LOTS 132-141 (POR.) OF THE
PUALANI ESTATES SUBDIVISION PHASE 1 AND TMK NO'S: (3) 7-5-014:034 (POR.),
(3) 7-5-017:032 (POR.), (3) 7-5-041:010 (POR.), (3) 7-5-041:011 (POR.), (3) 7-5-041:024
(POR.), AND (3) 7-5-041:025 (POR.); "EASEMENT 24" OVER AND ACROSS LOTS 132-
141 (POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1 AND TMK NO'S: (3)
7-5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:026 (POR.), (3) 7-5-041:027
(POR.), AND (3) 7-5-041:029 (POR.); AND "EASEMENT 26" OVER AND ACROSS
LOTS 132-141 (POR.) OF THE PUALANI ESTATES SUBDIVISION PHASE 1 AND
TMK NO'S: (3) 7-5-014:034 (POR.), (3) 7-5-017:032 (POR.), (3) 7-5-041:030 (POR.), AND
(3) 7-5-041:031 (POR.), SITUATED AT PUAPUAAIKI AND PUAPUAANUI, 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 owner of the premises
and sewer system, including all pipelines, valves, valve boxes, sewer manholes, cleanouts,
service laterals and other appurtenances attached thereto (hereinafter "sewer facilities") now
installed and in existence on, and/or using easements over, across, and/or over the premises
described on Exhibit"A" (legal description) and delineated on Exhibit "B" (parcel map) attached
hereto, situated at Puapuaaiki and Puapuaanui, District of North Kona, Island and County of
Hawaii, State of Hawai`i, identified as Tax Map Key No's: (3) 7-5-041:004, (3) 7-5-042:012.
(3) 7-5-041:039, and (3) 7-5-041:051; "Easement 22" over and across Lots 132-141 (por.) of the
Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032
(por.), (3) 7-5-041:010 (por.), (3) 7-5-041:011 (por.), (3) 7-5-041:024 (por.), and (3) 7-5-041:025
(por.); "Easement 24" over and across Lots 132-141 (por.) of the Pualani Estates Subdivision
Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:026 (por.),
(3) 7-5-041:027 (por.), and (3) 7-5-041:029 (por.); and "Easement 26" over and across Lots 132-
141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3)
7-5-017:032 (por.), (3) 7-5-041:030 (por.), and (3) 7-5-041:031 (por.); and
WHEREAS, Schuler Homes is desirous of granting the County of Hawai`i the sewer
facilities; and
WHEREAS, Section 21-19 of the Hawai`i County Code provides that all sewage works
found acceptable by the Director of the Department of Environmental Management shall become
the property of the County; and
WHEREAS, the sewer facilities have been inspected and found to be in acceptable
condition and in compliance with the provisions of Chapter 21, Sewers, of the Hawai`i County
Code; and
WHEREAS, the Department of Public Works, the Planning Department, the Department
of Water Supply and the Department of Environmental Management have no objections to
acceptance of this sewer system; and
WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from
taking over any sewer lines in any subdivision platted after December 2, 1966 except upon full
compliance with the provisions of Chapter 23; and
WHEREAS, Section 23-56 of the Hawai`i County Code provides that easements or
rights-of-way for all government owned utilities, except those under the jurisdiction of the
Department of Water Supply, shall be conveyed to the County and that documents shall be
delivered to the Council for acceptance; 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 sewer facilities have been completed and inspected thereon and are in full compliance
with the provisions of Chapters 21 and 23 of the Hawai`i County Code, as certified and approved
by all applicable agencies, and that it is in the public interest for the County of Hawaii to accept
the Bill of Sale and Grant of Easements.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter
and Chapters 21 and 23 of the Hawai`i County Code, the County accepts the sewer facilities now
installed and in existence on the premises described on Exhibit "A" (legal description) and
delineated on Exhibit"B" (parcel map);
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 Hawaii; (2) the
Department of Public Works; (3) the Department of Environmental Management; (4) Deputy
Corporation Counsel Ronald Kim; and (5) 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
L
County of Hawai`i
AYLS NOES ABS IX
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
County of Hawaii on March 16, 7016 ILAGAN X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
fin."""iTh6K.0
WILLS X
1
8 0 I l _ 0
Reference: C-699/PWPRC-31
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 412 16
EXHIBIT "A"
ITEM I: (TMK No. (3)7-5-041-004)
EASEMENT 16, area 1,391 square feet, more or less, for drainage and utility purposes, over and
across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of
Hawaii, State of Hawaii, described as follows:
Lot 4, area 8,486 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE I",
as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani
Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu
Highway Extension), a public road, as roadways for access to the Community until such time as the
roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3)7-5-14-34(LOT A) and Tax Map Key No. (3)7-5-17-32, for
utility and access purposes, as more particularly described in Document No. 2001-176109, dated
October 19, 2001.
Being the land conveyed by the following:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF RIGHTS
Grantor: D.R. HORTON-SCHULER HOMES, LLC, a Delaware limited liability
company, dba D.R. HORTON-SCHULER DIVISION
Grantee: JOANNE P. MARSHALL and TERRENCE F. MARSHALL, Trustees of The
Marshall Trust dated December 21, 2007, as it may be amended, with
powers to sell, lease, mortgage and other powers set forth in said Trust
Dated: February 13,2008
Recorded: Document No. 2008-024042
ITEM II: (TMK No. (3)7-5-042-012)
EASEMENT 17, area 1,388 square feet, more or less, for pedestrian walkway, drainage and utility
purposes, over and across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of
Hawaii, State of Hawaii, described as follows:
Lot 18, area 7,741 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE I",
as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani
Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu
Highway Extension), a public road, as roadways for access to the Community until such time as the
roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-32,for
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22594/174/1436278.3
utility and access purposes, as more particularly described in Document No. 2001-176109, dated
October 19, 2001.
Being the land conveyed by the following:
WARRANTY DEED
Grantor: EDWARD HENRY FORESTIER III, husband of Karen Hughes
Forestier, KAREN HUGHES FORESTIER, wife of Edward Henry
Horestier III, and ROBIN FORESTIER SOLE/MAN, also known as
Robin Jeanne Forestier,single
Grantee: ROGELIO Y. IPAC, husband of Georgianna S. Ipac, and •
GEORGIANNA S. IPAC, wife of Rogelio Y. Ipac, JOINT TENANTS
Dated: November 20, 2006
Recorded: Document No. 2006-218976
ITEM III:
EASEMENT 22, area 2,602 square feet, more or less, for drainage and utility purposes, over and
across the following:
Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County
of Hawaii, State of Hawaii, described as follows:
LOTS:
66, area 6,725 square feet, more or less;
67, area 6,809 square feet, more or less;
80, area 7,349 square feet, more or less and
81, area 7,771 square feet, more or less;
of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of
Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani
Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu
Highway Extension), a public road, as roadways for access to the Community until such time as the
roadways are dedicated to the County of Hawaii or the State of Hawaii_
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3)7-5-14-34(LOT A) and Tax Map Key No. (3) 7-5-17-32, for
utility and access purposes, as more particularly described in Document No. 2001-176109, dated
October 19, 2001.
AS TO LOT 66: (TMK No. (3) 7-5-041-010)
Being a portion of the lands conveyed by the following:
WARRANTY DEED
Grantor: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS,
husband and wife
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22594/174/1436278.3
Grantee: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS,
Trustees of the Stathie J. and Jo-Anne E. Prattas Living Trust, dated
November 14, 2007
Dated: December 28, 2007
Recorded: Document No. 2008-000497
AS TO LOT 67: (TMK No. (3) 7-5-041-011)
Being the land conveyed by the following:
WARRANTY DEED
Grantor: MICHAEL A..ROSATO and AMY J. ROSATO, husband and wife
Grantee: MICHAEL A. ROSATO and AMY J. ROSATO, Trustees under the
unrecorded"Rosato Family Trust", dated November 22,2005
Dated: November 22, 2005
Recorded: Document No. 2005-249432 •
AS TO LOT 80: (TMK No. (3)7.5-041-024)
Being the land conveyed by Warranty Deed recorded May 23, 2011 as Regular System Document
No. 2011-082196, Grantor is Northrop Hardy Kirk, Jr. and Caroline Kirk, Grantee is Eun Sang Kim,
an unmarried man, as Tenant in Severalty.
AS TO LOT 81: (TMK No. (3)7-5-041-025)
Being the land conveyed by Warranty Deed recorded December 17, 2009 as Regular System
Document No. 2009-191682, Grantor is Orlando Perez and Rosa Ysela Najera-Perez, husband and
wife, Grantee is Ralph Vernon Johnson, Jr. and Glenda Fay Johnson, husband and wife, as Tenants
by the Entirety.
ITEM IV:
EASEMENT 24, area 2,553 square feet, more or less, for drainage and utility purposes, over and
across the following:
Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County
of Hawaii, State of Hawaii, described as follows:
LOTS:
.
82, area 6,958 square feet, more or less;
83, area 6,312 square feet, more or less; and
97, area 8,823 square feet, more or less
of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of
Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani
Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu
Highway Extension), a public road, as roadways for access to the Community until such time as the
roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
3
22594/174/1436278.4
across and through Tax Map Key No. (3) 7-5-14-34(LOT A) and Tax Map Key No. (3)7-5-17-32,for
utility and access purposes, as more particularly described in Document No. 2001-176109, dated
October 19, 2001.
AS TO LOT 82: (TMK No. (3)7-5-041-026)
Being the land conveyed by the following:
WARRANTY DEED
Grantor: UMRAO SINGH MAYER, husband of Leilani Melinda Mayer, and
LEILANI MELINDA MAYER, wife of Umrao Singh Mayer, and DAVID
THORNTON DECKER, husband of Jayne Decker, and JAYNE
DECKER,wife of David Thornton Decker
• • • Grantee:. • DAVID THORNTON DECKER, husband of Jayne Decker, •and•
JAYNE DECKER,wife of David Thornton Decker, JOINT TENANTS
Dated: August 1, 2005
Recorded: Document No. 2005-206395
AS TO LOT 83: (TMK No. (3) 7-5-041-027)
Being the land conveyed by Warranty Deed recorded March 14, 2012 as Regular System Document
No. A-44560285, Grantor is Linda Daly, single, Grantee is David Wallmann and Leigh Wallmann,
husband and wife, as Tenants by the Entirety.
AS TO LOT 97: (TMK No. (3)7-5.041-029)
Being a portion of the lands conveyed by the following:
WARRANTY DEED
Grantor: STATHIE JOHN PRATTAS and JO-ANNE EUPHEMIA PRATTAS,
. husband and wife
Grantee: STATHIE JOHN PRATTAS and JO-ANNE. EUPHEMIA PRATTAS,
Trustees of the Stathie J. and Jo-Anne E. Prattas Living Trust, dated
November 14, 2007
Dated: December 28, 2007
Recorded: Document No. 2008-000497
ITEM V:
EASEMENT 26, 15 feet wide, area 1,532 square feet, more or less, for drainage and utility
purposes, over and across the following:
Those certain parcels of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County
of Hawaii, State of Hawaii, described as follows:
LOTS:
98, area 7,612 square feet, more or less and
99, area 8,284 square feet, more or less;
of the "PUALANI ESTATES SUBDIVISION, PHASE I", as shown on the map filed in the Bureau of
Conveyances, State of Hawaii as File Plan No. 2352.
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22594/174/1436278.4
•
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani
Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu
Highway Extension), a public road, as roadways for access to the Community until such time as the
roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34(LOT A) and Tax Map Key No. (3)7-5-17-32, for
utility and access purposes, as more particularly described in Document No. 2001-176109, dated
October.19, 2001.
AS TO LOT 98: (TMK No.(3)7-5-041-030)
Being the land-Conveyed by the following:
WARRANTY DEED
Grantor: RUBEN DOMINGO, aka Ruben L. Domingo and NARCISA
DOMINGO, aka Narcisa M. Domingo, husband and wife
Grantee: RUBEN L. DOMINGO and NARCISA M. DOMINGO, Trustees under
the"Domingo Family Trust",dated December 16, 2005
Dated: December 16, 2005
Recorded: Document No. 2006-006855
AS TO LOT 99: (TMK No. (3)7-5-041-031)
Being the land conveyed by the following:
WARRANTY DEED
Grantor: BUD CROSTHWAIT and MARGARET M. CROSTHWAIT, husband
and wife
Grantee: BUD CROSTHWAIT and MARGARET M. CROSTHWAIT, Trustees
of The Crosthwait Family Trust dated December 31, 2003
Dated: October 5, 2005
Recorded: Document No. 2005-206396
•
ITEM VI: (TMK No. (3) 7-5-041-039)
EASEMENT 28, area 2,723 square feet, more or less, for drainage and utility purposes, over and
across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of
Hawaii, State of Hawaii, described as follows:
Lot 107, area 10,746 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE
I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani
Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu
Highway Extension), a public road, as roadways for access to the Community until such time as the
roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
5
22594/174/1436278.3
across and through Tax Map Key No. (3)7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-32, for
utility and access purposes, as more particularly described in Document No. 2001-176109, dated
October 19, 2001.
Being the land conveyed by the following:
PUALANI ESTATES AT KONA WARRANTY DEED AND RESERVATION OF RIGHTS
Grantor: Q.R. HORTON-SCHULER HOMES, LLC, a Delaware limited liability
company, dba D.R. HORTON-SCHULER DIVISION
Grantee: ELINOR K. GOLDBERG and SAMUEL A. GOLDBERG, wife and
husband,JOINT TENANTS
Dated: June 16, 2005
Recorded: Document No. 2005-122346
ITEM VII: (TMK No. (3) 7-5-041-051)
EASEMENT 29, area 1,768 square feet, more or less, for drainage and utility purposes, over and
across the following:
That certain parcel of land situate at Puapuaaiki and Puapuaanui, North Kona, Island and County of
Hawaii,State of Hawaii,,described as follows: • •• - • •
Lot 119, area 8,976 square feet, more or less, of the "PUALANI ESTATES SUBDIVISION, PHASE
I", as shown on the map filed in the Bureau of Conveyances, State of Hawaii as File Plan No. 2352.
TOGETHER WITH an easement for access across Lots 132 through 141, inclusive of the Pualani
Estates Subdivision, Phase I, as shown on File Plan 2352, to Hawaii Belt Road (Queen Kaahumanu
Highway Extension), a public road, as roadways for access to the Community until such time as the
roadways are dedicated to the County of Hawaii or the State of Hawaii.
TOGETHER ALSO WITH a perpetual and nonexclusive easement and right of way over, under,
across and through Tax Map Key No. (3) 7-5-14-34 (LOT A) and Tax Map Key No. (3) 7-5-17-32,for
utility and access purposes, as more particularly described in Document No. 2001-176109, dated
October 19, 2001.
Being the land conveyed by Warranty Deed recorded September 28, 2009 as Regular System
Document No. 2009-148185, Grantor is Michael D. Hazen, single, and Janice E. Kavanaugh, single,
Grantee is Dee Ann Wunschel, unmarried, as Tenant in Severalty.
END OF EXHIBIT"A"
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225941174/1436276.3
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SEWER DEDICATION LOCATION MAP-PUALANI ESTATES SUBDIVISION,PHASE 1 (FILE PLAN 2352)
TO BE DEDICATED: WIDTH: NOTES:
a EASEMENT 16 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 4
EASEMENT 17 20 FEET FOR PEDESTRIAN WALKWAY,DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 18
i EASEMENT 22 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 66,67,80,AND 81
EASEMENT 24 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 82,83,AND 97
EASEMENT 26 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOTS 98 AND 99
i EASEMENT 28 15 FEET FOR DRAINAGE AND UTILITY PURPOSES AFFECTING LOT 107
L' EASEMENT 29 15 FEET FOR DRAINAGE AND_UTILITY PURPOSES AFFECTING LOT 119
TMK: (3) 7-5-041:004, 010, 011, 024, 025, 026, 027, 029, 030, 031, 039 and 051
a TMK: (3) 7-5-042: 012, (3) 7-5-014:034 & (3) 7-5-017:032
EXHIBIT B '