HomeMy WebLinkAboutCOM 1033.001 2016-2018 Law Offices of Yeh & Moore THOMAS L.H.YEH
A Limited Liability Law Company tly{r?yehandmoore„com
Of Counsel:
10 Kamehameha Avenue,Hilo,Hawaii 96720-2830 MICHAEL W.MOORE
mmooreeyehandmoore.com
Telephone (808)961-0055 JILL D.RAZNOV
jdraznov gnail.com
September 11, 2018 COUNTY CLERK
COUNTY OF HAWAII
RECEIVED
Time3y By D7
Honorable Maile David Date 09/ii
Finance Committee
Hawai'i County Council
25 Aupuni Street
Hilo, Hawai'i 96720
Re: Resolution No. 662-18; Grant of Public Access Easement
Halawa, Napaa and Papapa'a, District of North Kohala
TMKs: (3) 5-3-007:010 @or.) and 014 (por.)
(Meeting Date: October 2, 2018)
Dear Chair David and Members of the Finance Committee:
As a followup to your September 4, 2018 meeting on the above, we are providing you
with pertinent information for your review.
By way of background, this office represents Vipassana Hawai'i, a Hawai'i non-profit
corporation which is formed to promote meditation based in Buddhist traditions. As part of its
assets, Vipassana Hawai'i (VH) owns Parcel 10 as identified above. Inhabit LLC owns
Parcel 14.
The proposed grant of easement for pedestrian purposes is the culmination of a long
history of negotiations and input from public agencies interest groups originating in 2002, when
Surety Kohala Corporation was in the process of subdividing former sugar cane lands of which
these shoreline parcels are a part. A settlement agreement between the County and Surety
Kohala included the proposed access as a subdivision requirement.
Consistent with the terms of the settlement agreement, when VH acquired Parcels 10 and
14 (Inhabit LLC later acquired Parcel 14), it commenced negotiations with the County to
complete the grant of access requirements once the Planning Department adopted its Rule 21,
relating to the County's management of public access locations.
Input from the State Historic Preservation Division (SHPD), the North Kohala
Community Access Group (NKCAG) and the Ala Kahakai Trails Access entity, together with
on site consultation, resulted in a trail location considered to be optimum under the
circumstances. A composite map depicting the proposed trail location, which avoids crossing
historic sites, allows for steep slopes to be traversed diagonally, and is situated at a safe location
away from cliff edge, while respecting private property interests, is enclosed for your review.
Comm. No. .1()33.1
Ref. To: F'/F L
Ref. Date OCT 0 2 2018
Law Offices of Yeh&Moore
A Limited Liability Law Company
Honorable Maile David
Finance Committee
Hawai'i County Council
September 11, 2018
Page 2
The Kona end of the trail is located in the vicinity of the Kohala Lighthouse. The Hilo
end of the trail is at Kapanaia Road, where the County recently acquired land for public use. Just
south of the area is the Hale 0 Ka'ili Heiau, built by Kamehameha I. The access location runs
along the coast, on top of bluff areas and crosses Halelua Gulch and Halewa Gulch. Within the
gulch areas are located a heiau and agricultural terraces. The coastline is home to native seabirds
and the views are spectacular. Somewhat unique in this lateral access concept is the requirement
that the trail may be relocated when erosion occurs. However, the trail is located at a safe
distance from the shoreline or cliff edge.
As the area is still considered pristine, it is also important that those who access the area
respect the historic and natural resources and use the access in a safe manner. In the past, there
have been incidences of misuse of the area, such as rave parties, camping, the burning of fires
and littering. Hence, assuring that the pedestrian access to be allowed is subject to certain basic
restrictions is an important component of the access. Towards this end, the proposed Grant of
Public Access Easements (GOE) references compliance with the Planning Department's Rule 21,
prohibits the use of motor vehicles (with the exception of County maintenance vehicles),
prohibits hunting and firearms, and allows for consultation in the placement of public
information signs.
A copy of the proposed GOE form is also enclosed for your review. Please feel free to let
us know if you have any questions or are in need of additional information at this time. Your
consideration of the above is appreciated.
Very truly yours,
LAW OFFICES OF YEH& MOORE
THOMAS L. H. YEH
Enclosures
cc: Planning Department
Office of the Corporation Counsel
Toni Withington,NKCAG
Inhabit LLC
Vipassana Hawai'i
r
LAND COURT REGULAR SYSTEM
AFTER RECORDATION, RETURN BY: MAIL(X) PICK-UP ( )
Ronald N. W. B. Kim, Esq.
Office of the Corporation Counsel
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
(Total Document Pages =
Affects TCTs 860,222 and 1,109,493; TMK Nos. (3) 5-3-007:010 (portion) and 041 (portion)
GRANT OF PEDESTRIAN PUBLIC ACCESS EASEMENTS
THIS GRANT OF PEDESTRIAN PUBLIC ACCESS EASEMENTS is made this
day of , 2018,by and between VIPASSANA HAWAII, a Hawaii nonprofit
corporation,whose mailing address is Post Office Box 551681, Kapaau, Hawaii 96755, and
INHABIT LLC, a Delaware limited liability company whose mailing address is 1775 W. 2nd
Avenue, Durango, Colorado 81301, hereinafter collectively called"Grantor"unless the context
otherwise requires, and the COUNTY OF HAWATI, a political subdivision of the State of
Hawai`i,whose principal place of business and mailing address is 25 Aupuni Street, Hilo,
Hawai`i 96720, hereinafter called"Grantee".
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple those certain parcels of real property
situate at Halelua and Napapa'a, District of North Kohala, County, Island and State of Hawai`i,
(collectively the "Property") as follows:
1. LOT 1, TOTAL AREA 50.312 ACRES, shown on that certain map prepared by
Wes Thomas Associates and approved by the County of Hawaii Planning
Department on March 19, 2004, comprised of Land Court-registered land(Lot 1,
area 30.575 acres, as shown on Map 1 of Land Court Consolidation No. 216) and
Regular System non-registered land(Portion of Lot 1, area of 16.728 acres, more
or less,being portions of Royal Patent Number 6664, Land Commission Award
Number 10486 to Naukana, Royal Patent Number 5449, Land Commission
Award Number 10548 to Nakiaha, and Royal Patent Grant Number 660 to Kalua),
designated as Tax Map Key No. (3) 5-3-007-010.
2. LOT 2, TOTAL AREA 24.270 ACRES, shown on that certain map prepared by
Wes Thomas Associates and approved by the County of Hawaii Planning
Department on March 19, 2004, comprised of Land Court-registered land(Lot 2,
area 23.011 acres, as shown on Map 1 of Land Court Consolidation No. 216) and
Regular System non-registered land (Portion of Lot 2,being portions of Royal
Patent Number 5549,Land Commission Award 10548 to Nakiaha), designated as
Tax Map Key No. (3) 5-3-007-041.
WHEREAS, pursuant to the provision of the Hawai'i Revised Statutes Section 46-6.5
relating to Public Access, the County of Hawai'i has adopted Hawai'i County Code Chapter 34
(Public Access),which provides for implementation of public access over private property in
appropriate locations to the ocean, shorelines and mountain areas as applicable, by requiring
dedication of land for such public rights-of-way by fee or easement as a condition precedent to
final subdivision approval or the issuance of a building permit for a multiple family development
where adequate public access is not already provided, including provisions requiring the County
of Hawai`i to be responsible for all improvement costs, liability and maintenance issues; and
WHEREAS, in order to assure that public access is provided within the Property to and
along designated shoreline access areas, the Grantor and the Grantee hereby agree to be bound
by, and to encumber the real properties described in Exhibit"A" attached hereto and
incorporated by reference herein, by dual recordation of this Grant of Pedestrian Public Access
Easements with the Bureau of Conveyances of the State of Hawaii and filing with the Office of
the Assistant Registrar of the Land Court of the State of Hawai`i; and
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WHEREAS,pursuant to Section A of the April 4, 2002 Settlement Agreement for Board
of Appeals No. 01-28 and Subdivision File SUB-7776 of applicant Surety Kohala Corporation,
entered into by and between Surety Kohala Corporation, a Hawai`i corporation, Grantor's
predecessor-in-interest, and Grantee, the filing of this Grant of Pedestrian Public Access
Easements with the Bureau of Conveyances of the State of Hawai`i shall constitute full and final
compliance with all public access requirements for the lands of the Property including Section
46-6.5, Hawai'i Revised Statutes ("HRS"), Chapter 205A, HRS, Chapter 343, HRS, Chapters 23
(Subdivision) and 34 (Public Access), Hawai`i County Code, and Planning Department Rule 21
relating to Public Access: Usage,provided however, that if any of the real properties identified in
Exhibit "A" attached hereto are proposed for subdivision or other uses and activities proposed in
the Special Management Area, the County may require further public access over the Property
tax key parcel proposing such uses and activities.
NOW, THEREFORE, Grantor and Grantee agree as follows:
THAT THE Grantor, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00)paid by Grantee, the receipt whereof is hereby acknowledged, and in further
consideration of the covenants and conditions herein contained by Grantee to be observed and
performed, does hereby bargain, sell, assign and grant unto the said Grantee, and its successors
and assigns, a perpetual and nonexclusive right and easement in,upon, through, over, under and
across portions of the Grantor's Property for pedestrian public access purposes to and along the
shoreline as indicated thereon, including without limitation, the construction,reconstruction,
installation, maintenance, operation,replacement and repair of improvements constructed for
said purposes (collectively"Public Access Easements") as follows:
Portion of Easement 9 for pedestrian public access purposes affecting Lot
1, as shown on Land Court Consolidation No. 216, Map 3, as set forth by
Land Court Order No. 175119, filed June 6, 2008, which portion is
depicted on Exhibit"B" attached hereto and incorporated by reference
herein.
Portion of Easement 15 for pedestrian public access purposes affecting Lot
1, as shown on Land Court Consolidation No. 216, Map 9, approved by the
Land Court on November 30, 2010, which portion is depicted on Exhibit"B"
Attached hereto and incorporated by reference herein.
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Portion of Easement 16 (being 10-feet wide) for pedestrian public access
purposes (containing an area of 7,185 square feet) as shown on Land Court
Consolidation No. 216, Map 10, affecting Lot 2, as shown on Land Court
Consolidation No. 216, Map 1, being further identified as TMK No. (3) 5-
3-007:041, which portion is depicted on Exhibit "B", attached hereto and
incorporated by reference herein.
Portion of Easement PA-10 (being 10-feet wide) for pedestrian public
access purposes (containing an area of approximately 8,851 sq. ft.),
affecting Lot 1 under SUB-7776,being further identified as TMK No. (3)
5-3-007:010,which portion is depicted on Exhibit"B", attached hereto
and incorporated by reference herein.
Easement (being 10 feet wide) for pedestrian access purposes
(containing an area of approximately ), affecting Lot 1 under
SUB 776,being further described as TMK No. (3) 5-3-007:010, which
easement is depicted as Trail on Exhibit "B" attached hereto and
incorporated by reference herein.
As used herein,unless the context requires otherwise,the term"pedestrian public access"
shall mean and be limited to uses allowed by the public pedestrian access usage regulations as
provided in Planning Department Rule 21,Public Access: Usage, and any replacements or
amendments thereof that are more conducive to the protection of the shoreline environment and
public safety.
If portions of the Pedestrian Public Access Easements erode away, destroying the
Pedestrian Public Access Easements or making said easements hazardous,the Pedestrian Public
Access Easements shall be relocated to a safe location mauka and immediately adjacent to the
destroyed portion of the Pedestrian Public Access Easements. The County of Hawai`i shall, in
consultation with Grantor, locate and survey the new Public Access Easements locations,process
a Land Court petition for the cancellation of the destroyed lateral pedestrian public access
easement(s) and designation of the new lateral pedestrian public access easement(s) and prepare
an Amended Grant of Public Access Easements to be executed by Grantee and Grantor, and
recorded against the Property by the Grantor, or its successors and assigns. Where the trails do
not exist on the ground in the area of the desired pedestrian public access, Grantor shall have no
obligation to make trails.
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Nothing in this Grant of Pedestrian Public Access Easements shall amend, qualify or
otherwise limit the following: (1)the liability protections given to the Grantor pursuant to
Chapter 520, HRS, as amended,including without limitation the protections afforded in Section
520-4(b), HRS, relating to Landowners' Liability, and(2)the liability protections given to the
owners or operators of any business providing recreational activities to the public who obtain
voluntary written release waivers for their patrons pursuant to the provisions of Section 663-1.54,
HRS, as amended, relating to Recreational Activity Liability.
AND, Grantor and Grantee hereby covenant and agree as follows:
1. The Pedestrian Public Access Easements shall not be officially open en to the public
until this Grant of Pedestrian Public Access Easements has been accepted by the County of
Hawaii and the County is prepared to implement the provisions of Planning Department Rule 21.
The Pedestrian Public Access Easements as described hereinabove may be used by any members
of the public having the right to use such Pedestrian Public Access Easements, and for pedestrian
access to and along the shoreline for recreational purposes only, subject to, and upon the
following terms and conditions:
a. Restrictions on Use. The regulation on the use of the Public Access
Easements described above, including activities prohibited within the Public
Access Easements shall be pursuant to Planning Department Rule 21,Public
Access: Usage, and any amendments thereto that are more conducive to
protection of the shoreline environment and public safety. The public
pedestrian access will be open from 7:00 a.m.to 7:00 p.m.
b. Maintenance and Control of the Public Access Easements. Other than the
execution of this Grant of Public Access Easements and performance of
the duties hereunder, the Grantor shall have no responsibility to maintain,
control, implement or provide pedestrian public accesses upon and through
the Property. The Grantee shall be solely responsible for maintaining,
controlling, insuring and repairing the Public Access Easements and any and
all improvements constructed upon and/or located within said Public Access
Easements,in a good and safe condition, ordinary wear and tear excepted.
c. Enforcement of Restrictions on Use. Grantee shall cooperate with Grantor
in the development of policies for the enforcement of the applicable
provisions of Rule 21 of the Rules and Regulations of the Planning
Department, as amended.
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d. Motorized Vehicles Prohibited. No motorized vehicles shall be permitted
upon the pedestrian public access easements or adjoining lands of Grantor
for use by the public, provided that Grantee may, from time to time,use
existing field roads located upon Grantor's land for the sole purpose of
constructing, maintaining and repairing the pedestrian public access
easements and related signage, with reasonable prior notice to Grantor.
e. Fences and Gates. Subject to compliance with Chapter 205A, HRS, and in
consultation with the County, Grantor may be permitted to install and erect
boundary fences and gates along the mauka and western and eastern ends
of its lands, for the purpose of controlling livestock and to prevent
unauthorized motorized vehicles from entering Grantor's lands,provided
that Grantor shall provide Grantee with reasonable vehicular access
through gates installed on Grantor's land for the purpose of allowing
Grantee to construct, maintain and repair the pedestrian public access
easements and related signage,provided further, that pedestrian access
locations and openings shall be provided by Grantor where necessary and
shall not be locked.
f. Hunting Prohibited. Hunting activities and the possession of firearms
shall be strictly prohibited on the pedestrian public access easements and
upon Grantor's surrounding lands.
g. Access to Shoreline Areas. Upon opening of the access easement for
public use, the public shall be entitled to gain pedestrian access to the
shoreline at any location makai or north of the access easement.
h. Information and Trail Marking Signs. The County shall approve the
installation of information signs at the trailhead and at appropriate
easement locations designating the locations of the pedestrian public
access easements, and which provides information on risks and hazards
associated with use of the easements, cliffs and shoreline areas, hours of
permitted use, and prohibited activities including camping, the starting of
fires or cooking fires,the use of motorized vehicles,hunting and
possession of firearms.
2. The Grantor and Grantee agree that the execution and delivery to the County of
Hawai`i by Grantor of this Grant of Pedestrian Public Access Easements shall constitute
Grantor's full and final compliance with all public access requirements for the lands of the
Property, including Section 46-6.5,HRS, Chapter 205A, HRS, Chapters 23 (Subdivision) and 34
(Public Access), Hawai'i County Code, Planning Department Rule 21 relating to Public Access:
Usage, and the terms and conditions of the Declarations of Public Access Easement recorded in
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the Bureau of Conveyances of the State of Hawai'i as Document Nos. 2006-195143 and 2006-
199119
and upon the registration of this Grant of Pedestrian Public Access Easements, said
Declaration may be cancelled and the cancellation of said Declaration recorded forthwith.
3. The Grantor and Grantee further agree that the use of the pedestrian public access
easements by the general public for the purposes permitted hereunder shall constitute use for
"recreational purposes" of the public access easements and the Grantor's lands for shoreline
recreational purposes within the meaning of the Hawai`i Recreational Use Statute, Chapter 520,
HRS.
4. That Grantee and the members of the general public shall not use the Public
Access Easements for any purpose not expressly permitted herein.
5. That Grantee shall save, indemnify, defend and hold harmless Grantor from and
against any and all claims, complaints, demands, causes of action and lawsuits for property
damage,personal injury or death, arising out of or relating to the public's use of the pedestrian
public access easements granted herein and the adjoining lands of Grantor and shoreline areas for
recreational or other purposes, including but not limited to claims by third parties for special and
general damages, and claims that Grantor was negligent or otherwise at fault by reason of
Grantor's ownership of the lands upon which the pedestrian public access easements are situated,
with such indemnification to include attorneys fees and costs incurred by Grantor in defending
against such claims, actions or proceedings.
6. That if at any time the premises across which the rights and easements are hereby
granted, or any part thereof, shall be condemned or taken by any governmental authority, Grantee
shall have the right to claim and recover from the condemning authority,but not from Grantor,
such compensation as is payable for the said rights and easements within the public access
easements by Grantee, all of which shall be payable to Grantee.
7. The terms "Grantor" and"Grantee" wherever used herein shall include Grantor
and Grantee and their respective heirs, devisees, personal representatives and assigns according
to the context thereof.
8. All the terms, covenants and conditions of this Grant of Pedestrian Public Access
Easements shall run with the land and shall inure to the benefit of and be binding upon the
successors and assigns of Grantor and the successor and assigns of Grantee to the same extent as
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•
said terms, covenants and conditions inure to the benefit of and are binding upon Grantor and
Grantee,respectively.
9. This writing contains the entire agreement of the parties hereto concerning the
subject matter hereof; and this Grant of Pedestrian Public Access Easements supercedes all other
agreements and understanding(whether oral or written)heretofore or contemporaneously
herewith made by the parties.
10. The parties hereto agree that this instrument may be executed in counterparts,
each of which shall be deemed an original, and said counterparts shall together constitute one and
of the same agreement,binding all of the parties hereto, notwithstanding all of the parties are not
signatory to the original or the same counterparts. For all purposes, including without limitation,
recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged
pages of the counterparts may be discarded and the remaining pages assembled as one document.
11. The parties agree that the person or company recording or arranging for the
recordation of this instrument is authorized to complete any blanks contained in this instrument
with the applicable number of pages, dates, and recordation information, whether before or after
this instrument has been notarized by a notary public, and in no event shall completion of any
such blanks be deemed an alteration of this instrument by means of the insertion of new content.
IN WITNESS WHEREOF, the parties have executed these presents on the date and year
first above-written.
COUNTY OF HAWAII, a municipal VIPASSANA HAWAI'I, a Hawaii nonprofit
corporation corporation
By: By:
HARRY KIM TRENT CORNELL
Its Mayor Its President
AGREED AND ACCEPTED: INHABIT LLC, a Delaware limited liability
company
By: By:
MICHAEL YEE PATRICK METERING
Planning Director Its Manager
County of Hawai`i
Dated:
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APPROVED AS TO FORM AND By:
LEGALITY: MELINDA MEIERING
Its Manager
By:
Deputy Corporation Counsel
Dated:
-9-
STATE OF CALIFORNIA )
) ss.
COUNTY OF MONTEREY )
On this day of , 2018, before me personally
appeared TRENT CORNELL, to me known(or who has proven to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing instrument,
who,being duly sworn, did say that he is the President, of VIPASSANA HAWAII, a Hawaii
nonprofit corporation, that said instrument was signed on behalf of said corporation by authority
of its Board of Directors, and that said officer acknowledged said instrument to be the free act
and deed of said corporation.
Said instrument, entitled"GRANT OF PEDESTRIAN PUBLIC ACCESS
EASEMENTS", consists of _pages and is (not dated) (dated )
at the time of this notary certification.
In witness whereof I have hereunto set my hand and
affixed my official seal on the day and year above written.
(Notary signature)
(Print notary name)
Notary Public
Third Judicial Circuit
[Stamp or Seal] State of Hawai`i
My commission expires:
-10-
STATE OF COLORADO )
) ss.
COUNTY OF )
On this day of , 2018,before me personally
appeared PATRICK MEIERING and MELINDA MEIERING,to me known(or who has
proven to me on the basis of satisfactory evidence)to be the persons described in and who
executed the foregoing instrument, who,being duly sworn, did say that they are the Managers, of
INHABIT LLC, a Delaware limited liability company, that said instrument was signed on behalf
of said limited liability company as authorized under its Operating Agreement and/or by
authority of its members, and who acknowledged said instrument to be the free act and deed of
said limited liability company.
Said instrument, entitled"GRANT OF PEDESTRIAN PUBLIC ACCESS
EASEMENTS", consists of pages and is (not dated) (dated )
at the time of this notary certification.
(Notary signature)
(Print notary name)
Notary Public, State of Hawaii
[Seal]
My commission expires:
-11-
STATE OF HAWAI'I )
) ss.
COUNTY OF HAWAI'I )
On this day of , 2018, before me personally
appeared HARRY KIM, to me known or who has proven to me on the basis of satisfactory
evidence to be the person described in and who executed the foregoing instrument, who, being
duly sworn, did say that he is the Mayor of the COUNTY OF HAWAII, a municipal
corporation of the State of Hawai'i; that the seal affixed to the foregoing instrument is the
corporate seal of the County of Hawai'i; that the foregoing instrument was signed and sealed in
behalf of the County of Hawai'i by authority given to the Mayor of the County of Hawai'i by
Section 5-1.3 and 13-13 of the County Charter, County of Hawai'i (2010), as amended; and who
acknowledged said instrument to be the free act and deed of said County of Hawai'i.
Said instrument, entitled"GRANT OF PEDESTRIAN PUBLIC ACCESS
EASEMENTS", consists of pages and is (not dated) (dated )
at the time of this notary certification.
(Notary signature)
(Print notary name)
Notary Public, State of Hawaii
[Seal]
My commission expires:
-12-
EXHIBIT "A"
As to Tax Map Key: (3) 5-3-007-010:
All of that certain real property located in the County of Hawaii, State of Hawaii, identified as
LOT 1, AREA 50.312 ACRES, more or less, as shown on that certain map prepared by Wes
Thomas Associates and approved by the Planning Department of the County of Hawaii on March
19, 2004, and comprising of the lands more particularly described hereinafter as "Parcel First"
(Land Court-registered land) and"Parcel Second" (Regular System-not registered land):
-PARCEL FIRST:-
All of the certainarcel of land situate at Na aP aa,District of North Kohala, Island and
P P
County of Hawaii, State of Hawaii, described as follows:
LOT 1, area 30.575 acres,more or less, as shown on MAP 1 filed in the
Office of the Assistant Registrar of the Land Court of the State of Hawaii with
LAND COURT CONSOLIDATION NO. 216 of Kohala Sugar Company, Inc. and
William Atherton Kanakanui.
Being the land described in Transfer Certificate of Title No. 860,222 issued to Vipassana
Hawaii, a Hawaii nonprofit corporation.
-Note:- Lot 1 has access to a public highway, to-wit Mahukona-Niulii
Government Main Road, over and across unregistered land, as set
forth in Land Court Order No. 169548 filed February 23, 2007.
The lands comprising Lot 1 shall constitute a single lot that may not
be separately transferred or conveyed without further resubdivision
of said lot.
-PARCEL SECOND:-
All of that certain parcel of land(being portions of the lands described in and covered by
Royal Patent Number 6664, Land Commission Award Number 10486 to Naukana, Royal Patent
Number 5449, Land Commission Award Number 10548 to Nakiaha, and Royal Patent Grant
Number 660 to Kalua) situate, lying and being at Papaa, District of North Kohala, Island and
County of Hawaii, State of Hawaii, being a PORTION OF LOT 1, being the land situated
alongthe Westerly side of Roadway(20-Ft. Wide) (Civil No. 5464), along the Northerly and
Easterly boundaries of Lot 2 of this subdivision, and on the Northerly boundary of Lot 15 as
shown on Map 1 of Land Court Consolidation No. 216, and on the Easterly boundary of Lot 1 as
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shown on Map 1 of Land Court Consolidation No. 216, and thus bounded and described as per
survey prepared by Wes Thomas and Associates dated May 30, 2004,to-wit:
Beginning at the Southeasterly corner of this parcel of land, being also a point
on the Westerly side of Roadway(20-Ft. Wide) (Civil No. 5464), the coordinates
of said point of beginning referred to Government Survey Triangulation Station
"KAUHOLA", being 5,106.44 feet South and 4,047.38 feet East, and running by
azimuths measured clockwise from True South:
1. 108° 23' 859.67 feet along the remainder of Royal
Patent 5449, Land Commission
Award 10548 to Nakiaha, and
along Lot 15, as shown on Map 1
of Land Court Consolidation
No. 216, to a point;
2. 225° 33' 259.20 feet along Lot 2, as shown on
Map 1 of Land Court
Consolidation No. 216, to a point;
Thence, for the next three (3) courses following along Lot 2 of this subdivision
and along the remainder of Royal
Patent 6664, Land Commission
Award 10486 to Naukana;
3. 220° 33' 244.00 feet to a point;
4. 205° 49' 353.95 feet to a point;
5. 188° 19' 370.79 feet to a point;
6. 202° 49' 165.14 feet along Lot 1, as shown on
Map 1 of Land Court
Consolidation No. 216, to a point;
Thence, for the next six (6) courses following along highwater mark at
seashore, the direct azimuths and
distances being:
7. 310° 54' 78.17 feet to a point;
8. 266° 04' 193.64 feet to a point;
9. 324° 49' 98.76 feet to a point;
10. 259° 01' 80.13 feet to a point;
11. 209° 12' 118.01 feet to a point;
12. 232° 43' 112.98 feet to a point;
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Thence, for the next thirteen(13) courses following along the Westerly side
of Roadway(20-Ft. Wide) (Civil
No. 5464);
13. 22° 40' 105.00 feet to a point;
14. 16° 40' 119.00 feet to a point;
15. 18° 40' 187.00 feet to a point;
16. 16° 00' 139.00 feet to a point;
Thence, following on a curve to the right with a radius of 500.00 feet, the
chord azimuth and distance being:
17. 24° 30' 147.81 feet to a point;
18. 33° 00' 70.00 feet to a point;
Thence, following on a curve to the left with a radius of 420.00 feet, the
chord azimuth and distance being:
19. 25° 00' 116.91 feet to a point;
20. 17° 00' 130.00 feet to a point;
Thence, following on a curve to the left with a radius of 320.00 feet, the
chord azimuth and distance being:
21. 5° 00' 133.06 feet to a point;
22. 353° 00' 121.41 feet to a point;
Thence, following on a curve to the right with a radius of 2,000.00 feet, the
chord azimuth and distance being:
23. 354° 00' 69.81 feet to a point;
24. 355° 00' 232.81 feet to a point;
Thence, following on a curve to the right with a radius of 100.00 feet, the
chord azimuth and distance being:
25. 7° 55' 30" 44.74 feet to the point of beginning and
containing an area of 16.728 acres,
more or less.
-Note:- This Portion of Lot 1 is NOT an individual lot of record, but rather a
portion of a lot in an approved subdivision that consists of Land Court property
and land recorded in the regular system. (Subdivision No. 7776, 7776-A; County
of Hawaii Planning Department).
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•4
SAID PARCELS FIRST AND SECOND BEING A PORTION OF THE PREMISES
ACQUIRED BY WARRANTY DEED:
Grantor: SURETY KOHALA CORPORATION, a Hawaii corporation
Grantee: VIPASSANA HAWAII, a Hawaii nonprofit corporation
Dated: May 23, 2007
Filed: Land Court Document No. 3607138
Recorded: Regular System Document No. 2007-094783
As to Tax Map Key: (3) 5-3-007-041:
All of that certain real property located in the Island and County of Hawaii, State of Hawaii,
identified as LOT 2, TOTAL AREA 24.270 ACRES, more or less, shown on that certain map
prepared by Wes Thomas Associates and approved by the County of Hawaii Planning
Department on March 19, 2004, which LOT 2 is comprised of the land described hereinafter as
"PARCEL FIRST" (Land Court registered land) and "PARCEL SECOND" (Regular System non-
registered land) as follows:
-As to "PARCEL FIRST:-
All of that certain parcel of land situate at Napapaa, District of North Kohala, Island and
County of Hawaii, State of Hawaii, described as follows:
LOT 2, area 23.011 acres, more or less, as shown on Map 1 filed in the Office of
the Assistant Registrar of the Land Court of the State of Hawaii with Land Court
Consolidation No. 216 of Kohala Sugar Company, Inc. and William Atherton
Kanakanui;
Being the lands described in Transfer Certificate of Title No. 1,109,493 issued
to INHABIT LLC, a Delaware limited liability company;
TOGETHER WITH a non-exclusive easement for access and utility purposes, over and
across EASEMENT "A-1",being more particularly described in instrument dated November 25,
2009, recorded as Document No. 2009-184762;
TOGETHER ALSO WITH a non-exclusive easement for access and underground utility
purposes, over and across EASEMENT "22", as shown on Map 12 of Land Court Consolidation
No. 216, over Lot 4 (Map 1, Cons. 216);
TOGETHER ALSO WITH a non-exclusive easement for underground utility purposes,
over and across EASEMENT "24", as shown on Map 12 of Land Court Consolidation No. 216,
over Lot 4 (Map 1, Cons. 216);
-16-
.ti
TOGETHER ALSO WITH EASEMENT "26" for pedestrian access purposes over and
across Lot 1 (Map 1, Cons. 216), as shown on Map 14 of Land Court Consolidation No. 216, as
set forth by Order filed as Land Court Document No. T-8962142;
TOGETHER ALSO WITH EASEMENT "27" for access purposes over and across Lot 3
(Map 1, Cons. 216), as shown on Map 14 of Land Court Consolidation No. 216, as set forth by
Order filed as Land Court Document No. T-8962142;
TOGETHER ALSO WITH EASEMENT "28" for access purposes, over and across
that portion of the easement within Lots 3 and 5 (Map 1, Cons. 216), as shown on Map 14 of
Land Court Consolidation No. 216, as set forth by Order filed as Land Court Document
No. T-8962142.
-As to PARCEL SECOND:-
All of that certain parcel of land(being portion(s) of the land(s) described in and covered
by Royal Patent Number 5549, Land Commission Award 10548 to Nakiaha), situate, lying and
being at Halawa, District of North Kohala, County and State of Hawaii, being also a portion of
LOT 2, as shown on survey map by Wes Thomas and Associates, dated November 25, 2003,
revised on March 5, 2004, bearing Tax Key designation(3) 5-3-007-041 (portion), and
containing an undetermined land area.
-Note:- The lands comprising Lot 2 shall constitute a single lot that may not be
separately transferred or conveyed without further resubdivision of said Lot 2.
TOGETHER WITH an access to a public highway to Mahukona-Niulii Government
Main Road, over and across Easements 5 and 3, as provided by Land Court Order No. 169548,
filed on January 25, 2007.
-Note:- Said Easements 5 and 3 is not contiguous to Lot 2. No title insurance
with respect to the easement over said Easements 5 and 3 can be provided.
Said real property being the premises acquired by WARRANTY DEED:
Grantor : INHABIT HAWAII LLC, a Delaware limited liability company
Grantee : INHABIT LLC, a Delaware limited liability company
Dated : December 12, 2015
Filed : Land Court Document No. T-9495261
Recorded : Document No. A-58430588
END OF EXHIBIT "A"
-17-
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Being the Whole of Lots 1 and 15 as shown on Mop 1 of Ld. Ct. Cons. 216
and Being Portions of R.P. 5449, L.C. Aw. 10548 to Nakioho
and R.P. 6664, L.C. Aw. 10486 to Noukano
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