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HomeMy WebLinkAboutCOM 0358.002 1998-2000 `OJM1V OF M,~q' ~,I,);~• William G. Davis Stephen K. Yamashiro Managing Director Mayor ~ Henry Cho ~r' Via.: ~r, oF•"~~ Diryuty Marmging Director Cnaixntg of ~ttfuttii 25 Au uni Street, Room 215 Hilu, Hawaii 96720-4252 C.O P (808) 96]-8211 Fax (808) 961-6553 ~p KONA: 75-5706 Kuakini Highway, Suite 103 Kailua-Kona, Hawaii 96740 ~7 (808) 329-5226 Pax (808) 326-5663 ~ n C IV _1 -~7 , i August 26, 1999 ~ ~ ~ - The Honorable James Y. Arakaki, Chairperson ' and Members of the Council of the County of Hawaii ~ 25 Aupuni Street _ ~ Hilo, Hawaii 96720 Dear Chairperson Arakaki: Subject: Taa Map Key: 3rd/7-5-04:63 Tax Map Key: 3rd/7-5-04:63, more commonly referred to as the Henry Street property or the Crossroads property, was discussed during the Finance Committee's deliberations on Resolution No. 113 99 (Land exchange for the "Ice House") and Resolution No. 119 99 (Disposition of the former Hamakua Sugar Company, inc. lands now under County ownership). Research on the acquisition of the subject property was conducted and the following is submitted for your perusal: 1. Resolution No. 184 94 (Draft 2) authorized the abandonment of a portion of Ololi Road and the exchange of said portion of Ololi Road with Maryl Development, Inc. for a 1.0 acre parcel zoned CG-20; 2. Resolution No. 305 96 authorized the acceptance of Tax Map Key: 3rd/7-5-04:63 from Maryl Development, Inc. as part of the Ololi Road exchange; 3. Ordinance No. 93 122, Condition H on page 6 states that Maryl Development, Inc. has agreed that the Ololi Road remnant shall be exchanged for a subdivided 1.0 acre parcel zoned CG-20; and 4. Warranty Deed between Maryl Development, Inc., as grantor, and the County of Hawaii, as grantee, for Lot 6 of "Crossroads", more specifically identified as Taa Map Key: 3rd/7-5-04:63. Thus, after reviewing the available data, we conclude that Lot 6 of "Crossroads" was not conveyed to the County of Hawaii as an impact fee. Rather, the subject parcel was conveyed to the County of Hawaii by Maryl Development, inc. in exchange for a portion of the former Ololi Road. Comm. No. • ~ OZ File No. ~/N Ref. To: 6,-0_~~ t L Ref, Date ~ 2 7 1~ The Honorable James Y. Arakaki, Chairperson and Members of the Council of the County of Hawaii Paqe 2 Should you or members of the Council have any questions on this matter, please feel free to call on Executive Assistant Glenn Y. Taguchi at 961-8503. Sincerely, STEPHEN K. YAMASHIRO Mayor Enclosures c: William G. Davis COUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 184 94 (DRAF'i 2) i RESOLUTION AUTHORIZING ABANDONMENT OF A PORTION OF OLOLI ROAD, KAILUA-KONA. WHEREAS, Ololi Road, mauka of Queen Ka'ahumanu Highway in Kailua-Kona, formerly served as a portion of the Honokahau to Kailua Road; and WHEREAS, it has fallen into disrepair and has become overgrown with vegetation; and WHEREAS, Ololi Road is not under the jurisdiction of the State Department of Transportation and is, therefore, a County highway; and WHEREAS, pursuant t0 Hawaii Revised Statutes Section 264-1, all county highways and trails, once established shall continue until vacated, closed, abandoned, or discontinued by a resolution of the Council; and WHEREAS, pursuant to Change of Zone Ordinance Nos. 93-120, 93-122, and 93-124, Maryl Development, Inc., is required to eatend Henry Street towards the north (mauka) of the subject development and intersect at Palani Road; and WHEREAS, this eztension of Henry Street would be improved to an eighty-foot county standard right-of-way and would greatly improve traffic circulation in the area; and WHEREAS, Maryl Development, Inc., has also agreed to ezchange the approximately 0.847 acre Ololi Road remnant owned by the County of Hawaii for a subdivided 1.0 acre parcel zoned CG-20 south of the proposed Henry Street extension within the subject development; and WHEREAS, Section 2-115 of the Hawaii County Code authorizes exchanges of real estate for public purposes; and WHEREAS, the improvement of traffic flow and the acquisition of a parcel for a proposed public building in this area is such, a public purpose; and WHEREAS, because this transaction involves more than the transfer of rights of way, a change of zoning and the conditions therein, and it is thus impractical to separate out the enact value of the property that is the subject of the transfer to the County, and the exchange is not, therefore, amenable to an appraisal; and WHEREAS, both the County of Hawaii and Maryl Development, Inc. agrees that the ezchange of properties being received is of equal value because of the potential benefits and use to each party. NOW, THEREFORE, BE IT RESOL{1ED BY THE COUNCIL OF THE COUNTY OF HAWAII, that said portion of Ololi Road, constituting 0.847 acre, extending from Queen Ka'ahumanu Highway east to the Great wall of Kuakini (TMK: (3) 7-5-9), is hereby abandoned and discontinued as a County highway. -2- BE IT FURTHER RESOLVED that the Chief Engineer is directed to eachange said property, pursuant to Section 2-115 of the Hawaii County Code, for a subdivided 1.0 acre parcel zoned CG-20 south of the proposed Henry Street eztension within the subject development, as conditioned in Ordinance Nos. 93-120, 93-122, and 93-124. Dated: Hilo, Hawaii, this 23rd day of March 1994. INTRODUCED HY: COUNCIL MEMBER, COUNTY OF HAWAII RDW/2588H COUNTY COUNCII. ROLL CALL VOTE - Comty ai' Hawaii AYES NOES ABS EX HHo, Hawaii X ~ I herby oa~tlfy that tlu foeesdns RE90LUTION wu by ~C-- X 1 the voce iadieited to the tisht Iu~adooted br t!u COUNCIL CHILDS X o[ the CoaatP of FLwaii on March 3 , 1994 DE LIldA 7{ ~ OfMIIJt~J X ATTEST: r Rp,TH X ~ I p~Tr.r. i , -3 X 9 0 0 0 eistce C-910/HSfiP4C COU CLERK CHAIRMAN & PRESIDING OFFICER _ 1 t]A ow . _ . COUL OF HAWAII STATE OF ~ l III RESOLUTION RESOLUTION AUTHORIZING THE ACCEPTANCE OF TAX MAP KEY NO. (3)7-5-004:063 FROM MARYL DEVELOPMENT, INC. WHEREAS, MARYL DEVELOPMENT, INC. has transferred Tax Map Key No. (3)7-5-004:063, also identified as Crossroads Lot 6, to the County of Hawaii as part of the exchange of the Ololi Road remnant, pursuant to Condition H of Ordinance Nos. 93-122, 93-123 and 93-124; and WHEREAS, this parcel is a one acre general commercial (CG-20) parcel located adjacent to the south end of the new Henry Street Extension; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council, on behalf of the County, may accept gifts of donations of money, securities or other personal property or of real estate or any interest in real estate; 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, the County of Hawaii is authorized to accept the transfer of Tax Map Key No. (3)7-5-004:063, also identified as Crossroads Lot 6, from Maryl Development, inc. A copy of this resolution shall be forwarded to the Department of Finance, Department of Public Works and Maryl Development, Inc.. Dated at Hilo, Hawaii, this 19th day of June 1996. ~3dTit DUCED HY~ C/ CO C MB COUNTY OF HAWAII GT/25301 ROLL CALL VOTE COUNTY COUNCIL AyE$ NOFS ABS EX County of Hawaii Hilo, Hawaii Arakaki X Bonk-Abramson X I hereby certify that the foregoing RESOLUTION was by the Childs vote indicated to the right hereof adopted by the COUNCIL of ~ Lima X Domingo the County of Hawaii on June 19 199 Osorio X ~~77 Rath X ATI'FST: Ray X Smith X ~ 8 0 1 0 i~~~~~Q~~v°v/~~~~'e~C~ Reference C-1098/~iiSPWC-116 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RFSOLUT'ION NO. 3 5 9 s COUNTY OF HAWAII STATE OF HAWAII BILL NO. i4a (Draf[ 3) ORDINANCE NO. 93 122 AN ORDINANCE AMENDING SECTION 25-87 (NORTH BONA ZONE MAP), ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO GENERAL COMMERCIAL (CG-20) AT LANIHAU 1ST, NORTH RONA, HAWAII, COVERED HY TAX MAP KEY 7-5-09:19. BE IT ORDAINED HY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-87, Article 3, Chapter ?.5 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Lanihau lat, North Kona, Hawaii, shall be General Commercial (CG-20): Beginning at the Southeasterly corner of this parcel of land, being also a point on the Northeasterly aide of Hawaii Helt Road (F. A. P. No. 11A-03-69) and being the Southwesterly corner of Ololi Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station •KAILUA (NORTH MERIDIAN)' being 1,038.06 feet North and 1,088.07 feet Eaat and running by azimuths measured clockwise from True South: 1. 115° 51' 474.27 feet along the Northeasterly aide of Hawaii Belt Road (F.A.P. No. 11A-03-69) to a 3/4 inch pipe (found); Thence, for the nezt four (4) courses following along Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Reohokalole (Certificate of Boundaries No. 45): 2. 232' S3' 20" 391.37 feet to a 1/2 inch pipe (found) and passing over a 3/4 inch pipe (found) at 28.07 feet; 3. 232• 56' 30" 219.63 feet to a P.R. nail (found); 4. 233• 07' 320.60 feet to a (found); 5. 236° 25' 495.90 feet partially along stonewall to a spike (found) at the North face of stonewall; 6. 316• 07' 30" 15.89 feet along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Cart ificate of Boundaries No. 25) to a point; 7. 332° 54' 108.06 feet along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Agana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) to a point; Thence, for the nezt ten (10) courses following along the Northwesterly side of Ololi Road: 8. 4i° 12' 192.72 feet to a point; Thence, following on a curve to the right with a radius of 590.00 feet, the chord azimuth and distance being: 9. 43° 59' 57.30 feet to a point; 10. 96• 46' 122.13 feet to a point; -2- Thence, for the nezt Eour (4) courses following along Royal Patent 6851, Land Cormaission Award 8452, Apana 12 to A. Reohokalole (Certificate of Boundaries No. 45): 2. 232• 53' 20" 391.37 feet to a 1/2 fach pipe (found) and passing over a 3/4 inch pipe (found) at 28.07 feet; 3. 232• 56' 30" 219.63 feet to a P.R. nail (found); 4. 233• 07' 320.60 feet to a (found); 5. 236° 25' 495.90 feet partially along stonewall to a spike (found) at the North face of stonewall; 6. 316° 07' 30" 15.89 feet along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) to a point; 7. 332° 54' 108.06 feet along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) to a point; Thence, for the nezt ten (10) courses following along the Northwesterly side of • Ololi Road: 8. 43° 12' 192.72 feet to a point; Thence, following on a curve to the right with a radius of 590.00 feet, the chord azimuth and distance being: 9. 43° 59' 57.30 feet to a point; 10. 46• 46' 122.13 feet to a point; -2- Thence, following on a curve to the left with a radius of 335.00 feet, the chord azimuth end distance being: 11. 37° 55' 103.08 feet to a point; 12. 29° 04' 34.22 feet to a point; Thence, following on a curve to the right with a radius of 185.00 feet, the chord azimuth and distance being: 13. 41° OS' 77.03 feet to a point; 14. 53° 06' 219.53 feet to a point; Thence, following on a curve to the left with a radius of 280.00 feet, the chord azimuth and distance being: 15. 40° 59' 117.55 feet to a point; 16. 28° 52' 312.31 feet to a point; Thence, following on a curve to the right with a radius of 125.00 feat, the Chord azimuth sad distance being: 17. 29• 09' 46" 1.29 feet to the point of beginning and containing an area of 8.096 Acres. All as shown on the map attached hereto, marked Ezhibit 'A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: (A) the applicant, its successors or assigns be responsible for complying with all of the stated conditions of approval; (B) the applicant shall indemnify and hold the County of Hawaii harmless from and against any loss, liability, claim or demand for the property damage, personal -3- injury or death arising out of any act or omission of the applicant, its successors or assigns, officers, employees, contractors and agents under this ordinance or relating to or connected with the granting of this change of zone; (C) Final Plan Approval shall be secured from the Planning Department within one year from the effective date of approval of the change of zone. Plans to be submitted for Final Plan Approval shall include all conditions of approval as required by the change of zone. Buildings shall conform to all requirements of codes and statutes pertaining to building construction. To assure adequate time for plan approval review and in accordance with Chapter 25-244 (Zoning Code), plans shall be submitted a minimum of forty-five days prior to the date by which plan approval must be secured. Plans shall identify structures, landscaping, and parking stalls associated with the proposed development; (D) construction shall commence within one year from the date of receipt of Final Plan Approval and shall be completed within two years thereafter; (E) a detailed archaeological mitigation plan shall be prepared and submitted to the State Department of Land and Natural Resources, Historic Preservation Division prior to submitting plane for plan approval review or subdivision review, whidhever occurs first. Recommended mitigation measures shall be incorporated into plans submitted for plan approval and/or subdivision approval; (F) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, paving, or walks be encountered, work in the immediate area shall -4- cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance Erom the Planning Department when it finds that sufficient ~uitigative measures have been taken; (G) The eztension of Henry Street between Queen Kaahumanu Highway and Palani Road, hereafter called the Henry Street eztension, shall be improved by the applicant as an eighty (80) foot right-of-way with curb, gutter and sidewalk improvements meeting with the requirements of the Department of Public Works prior to the issuance of a certificate of occupancy for any portion of the commercial project or in conjunction with final subdivision approval of the property, whichever occurs first; provided that the segment between the applicant's northern boundary and Palani Road be improved within the ezisting thirty (30) foot right-of-way with a twenty four (24) foot wide pavement. When all necessary rights-of-way are dedicated to the County of Hawaii, the Ololi Road portion of Henry Street shall be improved by the applicant to the eighty (80) foot right-of-way with sigaalizstion and curb, gutter and sidewalk improvements, meeting with the requirements of the Department of Public Works. The applicant shall dedicate to the County of Hawaii the Henry Street improvements which eztend north (mauka) until it interaecta Palani Road upon its completion. Palani Road shall be improved by the applicant as a signalized "T• iateraection with a left turn lane in conjunction with a certificate of occupancy for any portion of the commercial project or in conjunction with final subdivision approval of the property, -5- whichever occurs first. Any access off of the Henry Street eztension shall be approved by the Planning Director in consultation with the Chief Engineer; (H) as agreed by the applicant, the approzimately 0.847 acre Ololi Road remnant owned by the County of Hawaii, shall be ezchanged for a subdivided 1.0 acre parcel zoned CG-20 south of the proposed Henry Street eztension within the subject development, and that the parties agree that for the purpose of this ezchange, both parcels are of "substantially equal" value; (I) construction of the access to the property, including the schedule outlining the roadway and infrastructure improvements, with all utilities being place8 underground, shall meet with the approval of the Department of Transportation and/or the Department of Public Works. All interior subdivision roadway(s) within the property shall be constructed by the applicant with curb, gutter and sidewalk improvements meeting the approval/requirements of the Department of Public Works. Any improvements to the Queen Kaahumanu Highway frontage shall be constructed by the applicant in accordance with the requirements of the Department of Transportation. These roadway improvements shall be Constructed prior to the issuance of a certificate of occupancy for any portion of the commercial project or in conjunction with final subdivision approval of the property, whichever occurs first. Plans for these improvements shall be submitted simultaneously with plans for Final Plan Approval or Final Subdivision Review which ever occurs first; (J) the applicant shall provide at least one sizty (60) foot -6- right-of-way constructed to dedicable standards, including curb, gutter, and sidewalk improvements, off its Henzy Street eztension to the parcel(s) abutting the subject property's eastern boundary; ~(K) in lieu of the actual construction of improvements as required in Conditions G, I, an8 J, the applicant may enter into an agreement with the Planning Director to assure the County of Hawaii that the improvements will be constructed by way of a surety bond, certified check or other security acceptable to the Corporation Counsel and the Planning Director; (L) an overall landscaping master plan, which includes landscaping along the property's Frontages along Henry Street, the interior subdivision roadway and Queea Raahumanu Highway and a program for the maintenance of the landscaping master plan, shall.be submitted to the Planning Director for review and approval, prior to the issuance of Final Subdivision Approval and/or Final Plan Approval, whichever occurs fizst; (M) prior to securing Final Plan Approval from the Planning Director, the applicant shall prepare a drainage study and a drainage apatem meeting the approval of the Department of Public Works shall be installed. Ali development generated runoff shall be disposed of on site and shall not be directed toward any adjaceat properties. The applicant shall also comply with all grubbiag, grading, and other developmental requirements determined by the Department of Public Wozks; (N) the applicant shall comply with all the requirements of the Department of Water Supply; (O) the applicant shall install sewer lines to connect with the Realakehe Wastewater Treatment Plant. The applicant shall contact the Department of Public Works Wastewater Division for approval of specific plans with regard to sewage disposal; (P) prior to securing Final Plan Approvni from the Planning Director, the applicant shall prepare a solid waste management plan meeting the approval of the Department of Public Works. At a minimum, the plan shall include (1) an analysis of anticipated solid waste volume and composition, and (2) a waste reduction component which analyzes techniques to be employed to achieve a reduction goal of 25t by 1995 and 50 ~ by 2000 which is coasiatent with the County's Solid Waste Management Plan; (Q) all other applicable requirements, rules and regulations shall be complied with; (R) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall include, but not be limited to, the status of the development and to what eztent the conditions of approval are being complied with. This condition shall remain in effect until all of the conditions of approval have been complied with and the Planning Director acknowledges that further reports are not required; (S) should the council adopt a Unified Impact Fees ordinance setting forth criteria for the imposition of ezactions or the assessment of impact fees, conditions included herein shall 'be credited towards the requirements of the Unified Impact Fees Ordinance; and (T) an initial eztension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1)' the non-performance is the result of conditions that could not have -g- been foreseen or are beyond the control of the applicants, successors or assigns, and that are sot the result of their fault or negligence; 2) granting of the time extension would not be ,Contrary to the general plan or zoning code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 4) the time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of the ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -9- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED HY: COUNCIL MEMB , COUNTY F HAWAII Hilo, Hawaii Date of Introduction: November 17, 1993 Date of 1st Readinq: November 17, 1993 Date of 2nd Reading: December 1, 1993 Effective Date: December 8, 1993 APPROVED AS TO FORM AND LEGALITY: - ~c . Cc~~i DEYUT! ~ PORATION COUNSEL DATED : - -10- ~ i U NP6ANMCD (u) t V N P L .1 M M~ O (Ul r GO-10 J ( r / OPV N (Ol / .atia / ~*atA~im °•m _ A-.. - u N P ~ N N v D /u) ePV N ~el ,A-le i ORQAT wAIL OP RVAR~NI A-1P eeuNT~ PIRA ~TATiON C®-10 UNP LANNCD ;u) es-zo A-1~ I.ea~.es M ~ RGwALA r.eea.e> ~ - -RA,wA NORTN MtRAAN"~ R.AU..ou - MAWAII fD1aLT ROAO oUQiN KAAHUMAIVU MIOM WAY C7tTJ R~- 7-e Gv- 1e W C6 ~O ~ C6-10 f. ~ Cv-~O ~ 1 co ~ ABR1cf.1LTURAL (A-ta) A n s ;S 'T'o eerleRAL t P r COMMERCfAL (C8-?A) °,p ~_1e ARI=A = e_osG ACRES r AMENDMENT TO THE ZONING CODE AMENDiNCi ~3CCTION 25-67 (NORTH KONA ZON= MAP) ARTICLE 3, Cl1APTER 25 (ZONING CODC) OF THE H~gWAIi COUNTY CODE, $T Ct-IANGIN6 TMC DISTRICT CLA3S1FiCATtON P=ROM ABIQICUL-rURAL (A-la) TO GENERAL COIr1MERCIAL (CG-20) AT LANIHAU IST, NORTH 1CONA~ HAYVAfI. PREPARED AY NI..ANNINQ ~~'I°ARTMENT c OU NT7' OF HAWAII ThiK : 7-B-o4 = f 9 BBPT_ 7, 1993 CY1-IIfa1T °Au 'h~.4!?YL ^G'.'BL-^"~"°'/-• R-399 ILL STATE OF HAWAII BTJREAU OF CONVEYANCES RECORDED JUL .10, 1996 08:02 AM J Doc Na(s) 96-097984 /s/CARL T. WATANABE ACTING RF..C,ISTRAR OF CONVEYANCES LAND COURT SYSTEM REGULAR SYSTEM Retum by: MAIL (X) PICKUP ( ) TO: CO OF HAWAII COUNTY OF HAWAII 25 Aup i Street OFFICE OF THE CORPORATION COUNSEL Hilo, HI 6720 HILO LAGOON CENTRE 101 AUPUNI STREET, SUITE 325 HICO, HI 96720 TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT: GRANTOR: MARYL DEVELOPMENT, INC., a Hawaii corporation, with its mail'mg address at P. O. Box 1928, I{ailua-Koua, Hawaii 96745 GRANTEE: COUNTY OF HAWAH, a municipal corporation duly existing under, pursuant to and by virtue of the laws of the State of Hawaii, whose mailing address is 25 Aupuui Street, Hilo, HI 96720 TAX MAP KEY (3) 7-5-004:063 svq/rtVtg/maryUcrossroads/lot 6.ded/2-5-96 "CROSSROADS" - LOT 6 ~ WARRAI'T DEED KNOW ALL MEN BY THESE PRESENTS: That MARYL DEVELOPMENT, INC., a Hawaii corporation, with its mailing address at P. O. Box 1928, Kailua-Kona, Hawaii 96745, hereinafter called the "Grantor", for and in considerationof the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor paid by COUNTY OF HAWAH, 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 grant, bargain, sell and convey 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 7-5-004:063, 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. SUBJECT, HOWEVER, to a reservation of rights in favor of Grantor to grant nonexculsive easments for access and other purposes over, under and across Easement " 2" described in Exhibit A to other persons upon such terms and conditions as the Grantor shall deem necessary and appropriate. AND THE SAID GRANTORdoes hereby covenantwith the Grantee that the Grantor is lawfully seised in fee simple of said granted premises and that the said premises aze free and clear of all encumbrancesexcept as aforesaid, and except for assessments for real property taxes. And the said Grantor further covenants and agrees that t~e Grantor has good right to sell and convey the said premises in the manner aforesaid; that the Grantor will WARRANT AND 2 DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. IT IS MUTU.Ai LY AGREED that the teens "Grantor" and "Grantee", as ~n i 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 hasexecutedthesepresentsonthis ~ day of ~:~c/E , 1996. MARYL DEVELOPMEN INC., a Hawaii corpo $y .MARK S. RiCNAR17, Its President APPROVED AS TO FORM CARLSMITH BALL WICHMAN CASE & ICHIKI BY ~ 2-6-96 3 STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this ~ day 6, before me appeared MARK S. RICHARDS . to me known (or proved tom on the basis of satisfactory evidence) that he is the PRESIDENT of MARYL DEVELOPMENT, INC., a Hawaii corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrumentwas signed and sealed on behalf of said corporation by authority of its Boazd of Directors, and said Officer acknowledged said instrument to be the free act and deed of said corporation. ~r IFS f NOTARY tary P Iic, State of Hawaii Pueuc /Q _ ycommission expires: EXHIBIT "A" All of that certain parcel of land being T,GT 6 of "CROSSROADS" being the premises more particulazly described in Exhibit "B" attached hereto. TOGETHER WITH an easement over, across and along Henry Street, more pazticulazly described in Exhibits "C-1, C-2 & C-3" attached hereto, within said "CROSSROADS", as shown on the Subdivision Map therefor filed with the Planning Department of the County of Hawaii with Subdivision Application 94-11, to be used as a right of way and for road and utility purposes only in common with all others entitled thereto; provided that in the event Henry Street or any portion or portions thereof aze conveyed, transfeaed and dedicated to any governmental authority and accepted as a public highway, the aforesaid easement as to such dedicated Henry Street shall cease and terminate. TOGETHER WITH Easement 2 for access and utility purposes over and across Lots 5 and 6, being more particularly described in Exhibit "D" attached hereto. Being a portion of the premises described in the following: DEED of EDMUND HEDEMANN, dated May 22, 1992, recorded as Document No. 92-085497; DEED of ELIZABETH A. CARLSMITH, dated June 14, 1993, recorded as Document No. 93-099186, corrected by CORRECTION DEED dated October 4, 1993, recorded as Document No. 93- 175408;DEED of MARILYN CARLSMITH, dated June 18, 1993, recorded as Document No. 93-100935; DEED of ROBERT WOOD CARLSMITH, dated May 18, 1994, recorded as Document No. 94-093732; and DEED of TAMEHICHI ISHIMARU, dated May 18, 1994, recorded as Document No. 94-093734. SUBJECT HOWEVER TO: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Covenants, conditions and restrictions set forth in that certain Declaration of Protective Covenants and Restrictions For CROSSROADS dated August 5, 1994, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 94- 134956. 3. Restriction of Vehiculaz Access into and from Henry Street following along the entire frontage with Henry Street, excepting therefrom a 69-Ft. Wide Vehiculaz Page 1 of 2 Access Permitted opening and a 30.01-Ft. Wide VehiculazAccessPermitted opening and being shown in more detail on the final plat map for Subdivision No. 94-I 1. 4. Easement 2 (Part 2? fir Access and Utility Purposes, being more particula^ly described in Exhibit "E" attached hereto. 5. Easement "B-6" for Great Wall of Kuakini Buffer Purposes, being more particulazly described in Exhibit "F" attached hereto. 6. Easement "S-1" for Sight-Distance Purposes, being more particulazly described in Exhibit "G" attached hereto. End of EXHIBIT "A" EXHIBIT B LOT 6 CROCCROAnS Land situated on the Easterly side of Henry Street at Lanihau 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Ololi Road (30-Ft. Wide); and Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25). Beginning at the Southwesterly comer of this parcel of land, being also the Northwesterly corner of Lot 5 of this subdivision and being a point on the Easterly side of Henry Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,532.40 feet North and 1,861.14 feet East and running by azimuths measured clockwise from True South: Thence, for the next three (3) courses following along the Easterly side of Henry Street: 1. 172° 45' 86.35 feet to a point; Thence, following on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 2. 182° 1S' 30" 151.98 feet to a point; 3. 191 ° 46' 178.50 fect to a point; i Page 1 of 2 4. 332° 54' 6.4] feet along the remainders of Ololi Road aad Royal Patent 7456, Land Commission Aw~~~l 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) to a 3/4 inch pipe (Found); Thence, for the next nine (9) courses following along the middle of the Great Wall of Kuakini and along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Apana i l to William C. Lunalilo (Certificate of Boundaries No. 25): 5. 339° 30' 51.75 feet to a point; 6. 338° 12' 43.70 feet to a point 7. 343° OS' 25.65 feet to a nail (Found); 8. 339° 04' 42.50 feet to a point; 9. 340° I8' 61.60 feet to a point; 10. 331° 52' 36.50 feet to a point; 11. 338° 47' 74.40 feet to a point; 12. 340° 14' 54.40 feet to a ]/2 inch pipe (Found); 13. 345° 55' 20.30 feet to a point; ]4. 82° 45' 181.10 feet along Lot 5 of this subdivision and along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Apana l ] to William C. Lunalilo (Certificate of Boundaries No. 25) to the point of beginning and containing an area of 43,562 Square Feet or 1.000 Acre. END OF EXHIBIT B EXHIBIT C HENRY STREET laud situated on dte Northeasterly side of Hawaii I3e11 Road (F.A.P. No. 11A-03-69) at L.anihau Ist and 2nd, North l:ona, Island and ('ounly of Hawaii, Slate of Hawaii. Being portions of: Ololi Road (30-Pt. ~'Vidt); I:oyal Patent 7~45G, Land Commission Award Si:i9•E3..-~pan:l I I t~~ 1Villiam Lunalilo I:Cenificalc of t3oundaries Nu. 25); and Grant 203 to Z. 11'aiau. 13c:ginnin, at the Southwesterly corner of this roadway, being also the Southeasterly corner uF t.ot 9 of Crossroads and being a point on the Northeasterly side of Hawaii Belt Road (F.A.1'. No. I IA-p3-G9j, the coordinates of said point of beginnin; referrcil to Government Survey 't'riangulation Station "tiA1LUA (NORTH MERIDIAN)" being 69S.0~+ fret North and 1,7GG.9-1 feet Ensl and running by azimuths treasured clockwise from True South: '1'luttce, for the next three (3) courses following along l.ot 9 of Crossroads and along the remainder of Grant 2035 to Z. Waiau: 'fhencc. Following on a curve to the I~fl with a radius of 40.t)Q fret, the chord azimuth and distance being: I. 2iU` j I' S6.~7 feet to a point; 2. ?(1.~° il' IG.i2 feet Ire a point; Page 1 of 3 ~ -thence, following on a can-e to the left with a radius of 335.00 feet, the chord azimuth and • distance being: 3. 189° ]8' 190.85 feet to a point; 4. 172° 45' 693.71 feet along Lots 9 and S of Crossroads and along tlrc remainders of Grant 2035 to Z. Waiau and Royal Patent 7456, Land Commission Award 5559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) to a point; Thcnct, following along Lot S of_Crossroads~and alongthe remairidct of Royal Patent 7456, Land Commission Award 8559-B, Apana I ] to William C. Lunalilo (Certificate of Boundaries No. 25) on a curve to the rigftt with a radius of 540.Q0 feel, the chord azimuth and distance being: I S2° I i' 3U" 175.41 feel to a point; v. 191 ` ~;o' 277.76 felt along Lot 7 of Crossroads and along the rcmaittdcrs of Ro}'al Patent 7456, Land Commission Award 5559-B, Apana I1 l0 1Villiam C. Lunalilo (Certificate of Boundaries No. 25) and Ololi Road (30-Ft. 1Vide) to a point; 7. 332° S4' ]27.49 feet along llte remainders of Royal Patent 7456, Land Commission Award 5559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) and Ololi Road (30-FI. Wide) to a point; S. 11 ° 4G' 178.50 feet along L.ot G of Crossroads and along the remainders of Ololi Road (30-Ft. Wide) and Royal Patent 7456, Land. Commission Award 8559-B, Apana ] l to William C. Lunalilo (Certificate of Bowtdarics No. 25) to a point; Thence, following along Lot G of Crossroads and along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) on a curve to the left with a radius of 460.00 feel, the chord azimullt and distance being: 2° IS' 30" ]51.98 feet to a point; • Page 2 of 3 I IU. 352° a5' 693.71 feet slung IAl5 G, 5, 4, along the 1Vesterly end of Road "A", along Lots 3 and 2 of Crossroads and along the remainders of P.oyal Patent 7=156, Land Conuuission Award 5559-B, Apana ] 1 to 1Villiam C. Lunalilo (Certificate of Boundaries No. 25) and Grant 2035 In Z. Rraiau Io a point; Thence, for the nest three (3) courses following slung the remainder of Grant 2035 to L. 1Vaiau: Thence, following along Lots 2 ahd 1 of Crossroads on a cun~c to the right with a radius of ~115.IX) feet, the chord azimuth and distance being: 11. 9° 1S' 23G.d3 feet to a point; 12. 25' >I' Ib.S'_ feet along Lot I ut C:rossroadi W a point: .I-IICIiL'l'. fuIIQ\\'InL alJll~3 Lut I uI (.1'JSSroadi uIl a lnf\'e to the Icft with a radius of !.i).Utl Irrt. the churl azimuth :utJ distance b;:in:_t: 13. .iaU' ;j' SG.i7 IcCt to a point: la. 115` 5I ~ (GU.UU feet alon, the Northeasterly side of Hawaii Belt RoaJ (P.A.P. ib. 1 IA-U3-69) to the point of beginning and containing an area of IU9,5G-I Square feet or 2.51; Acres. sxn or• r.~isir c-i SffiBIT r-2 HENRY STREET Land situated approximately 420 feet Southeast of Palani Road at Lanihau 1st, North Kona, Island and County of Hawaii, State of Hawaii, Being portions of Ololi Road; and Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25). Beginning at the Northeasterly corner of this easement, being also a point on the Northwesterly boundary of Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25), the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 2,159.17 feet North and 1,937.31 feet East and running by azimuths measured clockwise from true South: 1. 11~ 46' 219.11 feet along the remainder of Ololi Road to a point; 2. 152` 54' 127.49 feet along the remainder of Royal Patent 7456, Land Commisaion Award 8559-8, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25) to a point; Page 1 of 2 3. 191 46' 36.86 feet along the remainder of Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William Lunalilo (Certificate of Boundaries No. 25) to a point; 4. 236` 25' 113.84 feet along Royal Patent 6851, Land Commission Award 8452, Apana 12 to A. Keohokalole -(Certificate -of Boundaries No. 45) and along the remainder of Ololi Road to the point of beginning and containing an area. of 10,319 Square Feet. ffiiD OF B~BIT C-2 ~TT C-3 FIFSQib' STRF~.T PORTION OF HENRY STREET Land situated along the Southeasterly side of Palani Road (Parcel "A") at Keahuolu, North Kona. ]stand and County of Hawaii, State of Hawaii. Beim a portion of: Royal Patent 68:11, Land Commission Award 3452, .4pana 12 to A. Keohokalcle (Certificate of Boundaries No. 41). Beginni„g at the Northwesterly corner of parcel of land, being also a point on the Southeasterly side cf Palani Road (Parcel "A") and being the Northeasterly corner of Lot 1 of this subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAIL~A (NORTH MERIDIAN)" being 2,481.47 feet North and 1,839.37 feet East and running by azimuths measured clockwise from True South: Thence, following along the Southeasterly side of Palani Road (Parcel "A") on a cure to the left with a radius of 1,910.10 feet, the chord azimuth and distance being: 1. 241° OS' 31.7" 139.09 feet to a point; Thence, for the next three (3) courses following along lAt 2 of this subdivision and along the remainder of Royal Patent 6851, land Commission Award 8452, Apana 12 to A. Keohokalole (Certificate of Boundaries No. '!1): Thence, following on a curve to the left with a radius of 30.00 Feet, the chord azimuth and distance being: 2. f S° 01' 44.2^ 19.37 feet to a point: i Page 1 of 2 Thence, following on z curve to the right with a radius of 340.1?0 feet, the chord azimuth and distance being: 354° 25' 47" 201..63 feet to a point, I I° 46' 153.56 feet to a point; ~ 16° 2J' I i3.S4 feet along the Northerly end of Ololi Road and along Royal Patent 7456, Land Commission Award 8559-B, Apana 1 ] to William C. Lunalilo (Certificate of Boundaries No. 25) to a point; "Inence, for the next three (3) courses following along Lot l of this subdivision and along the remainder of Royal Patent 6S51. Land Commission Award 84>2, Apana 12 to Keohokalole (Certificate of Boundaries ~'o. 4i): 6. 191° 46' 234.14 feet t~ a point, Thence, following on a c::rve ;o the left with a radius of 260.00 feet, the chord azimuth and distance being: 7. 176° 15' ] 7" 139.07 feet to a point Thence, foilowing on a curve to the left with a radius of 30.00 Feet, the chord azimuth and distance being: S. I i 1` 57' S1 . 5" 15.13 feet to the point of beginning and containing an area of 37.,172 Square Fect or 0.739 Acre. II~ID OF 1~IT' C-3 EXHIBIT D EASEMENT 2 FOR ACCESS AND UTILITY PURPOSES OVER AND ACROSS LOTS 5 AND 6 CROSSROADS Land situated on the Easterly side of Henry Street, along the Southerly boundary of Lot 6 and along the Northerly boundary of Lot 5 at Lanihau 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lots 5 and 6; and Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25). Beginning at the Northwesterly comer of this easement, being also a point on the Westerly boundary of Lot 6 and being a point on the Easterly side of Henry Street, said point of beginning bearing 172° 45' 69.00 feet from the Southwesterly corner of Lot 6, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,600.85 feet North and 1,852.43 feet East and running by azimuths measured clockwise from True South: Thence, for the next four (4) courses following along the remainder of Lot 6: Thence, following on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 1. 307° 45' 28.28 feet to a point; Page 1 of 2 2. 262° 45' SO.GO feet to a point; 3. 352° 45' 16.00 feet to a point; 4. 262° 45' 105.83 feet to a point; 5. 340° ]4' 13.16 feet along the middle of the Great Wall of Kuakini to a 12 inch pipe (Found); 6. 345° 55' 24.33 fret along the middle of the Great Wall of Kuakini to a point; Thence, for the next three (3) courses following along the remainder of IAt 5: 7. 82° 45' 151.58 feet to a point; 8. 66° 03' 10.44 feet to a point Thence, following on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 9. 37° 45' 28.28 feet to a point; 10. 172° 45' 96.00 feet along the Easterly side of Henry Street to the point of beginning and containing an area of 7,995 Squaze Feet. END OF EXHIBIT D EXHIBIT B EASEMENT 2 (PART 2) FOR ACCESS AND UTILITY PURPOSES OVER AND ACROSS LOT 6 ('ROSSROAr)R Land situated along the Southerly boundary of Lot 6 and on the Easterly side of Henry Street at Lanihau 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 6; and Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25). Beginning at the Southwesterly comer of this easement, being also the Southwesterly comer of Lot 6, the Northwesterly comer of Lot 5 of this subdivision and being a point on the Easterly side of Henry Street, the coordinates of said point of beginning refereed to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,532.40 feet North and 1,861.14 feet East and conning by azimuths measured clockwise from True South: 1. 172° 45' 69.00 feet along the Easterly side of Henry Street to a point; Thence, for the next four (4) courses following along the remainder of Lot 6: Thence, following on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 307° 45' 28.28 feet to a point; Page 1 of 2 3. 262° 45' 50.00 feet to a point; 4. 352° 45' 16.00 feet to a point; 5. 262° 45' 105.83 feet to a point; 6. 340° 14' 13.16 feet along the middle of the Great Wall of Kuakini to a 12 inch pipe (Found); 7. 345° 55' ?A.30 feet along the middle of the Gnat Wall of Kuakini to a point; 8 82, 45, 181.10 feet along Lot 5 of this subdivision to the point of beginning and containing an area of 7,109 Square Feet. END OF EXHIBIT E EXHIBIT F EASEMENT "B-6" FOR GREAT WALL OF KUAKINI BUFFER PURPOSES OVER AND ACRO:iS LOT 6 CROSSROADS Land situated along the Easterly boundary of Lot 6 at Lanihau 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 6; and Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundazies No. 25). Beginning at the Southeasterly comer of this easement, being also the Southeasterly comer of Lot 6 and being the Northeasterly corner of Lot 5 of this subdivision, the coordinates of said point of beginning referted to Government Survey Triangulation Station "KAILUA (NORTH MERIDIAN)" being 1,555.26 feet North and 2,040.79 feet East and running by azimuths measured clockwise from True South: ] • 82° 45' 10.07 feet along Lot 5 of this subdivision to a point; Thence, for the next eight (8) courses following along the remainder of Lot 6: 2. 165° 55' 18.60 feet to a point 3. 160° 14' 53.78 feet to a point 4. 158° 47' 73.67 feet to a point S. 1S1° 52' 36.63 feet to a point 6. 160° 18' 62.23 feet to a point; Page 1 of 2 7. 159° 04' 42.74 feet to a point; 8. 163° OS' 25.58 feet to a point; 9. 158° 12' 85.44 feet to a point; 10. 191 ° 46' 19.14 feet along the Easterly side of Henry Street to a Point; 11. 332° 54' 6.4] feet along the remainder of Ololi Road to a 3/4 inch pipe (Found); Thence, for the next nine (9) courses following along the middle of the Great Wall of Kuakini: 12. 339° 30' 51.75 feet to a point; 13. 338° 12' 43.70 feet to a point; 14. 343° OS' ~ 25.65 feet to a nail (Found); 15: 339° 04' 42.50 feet to a point; 16. 340° 18' 6].60 feet to a point; 17. 33l ° 52' 36.50 feet to a point; 18. 338° 4T 74.40 feet to a point-, 19. 340° 14' 54.40 feet to a ] /2 inch pipe (Found); 20. 345° 55' 20.30 feet to the point of beginning and containing an area of 4,111 Square Feet. END OF E7LHIBIT F EXHIBIT G EASEM ~NT "S-1" FOR SIGHT-Di~7'ANCE PURPOSES AFFECTING LOT 6 ROCC ~SROADS Land situated on the Westerly boundary of Lot 6 and on the Easterly side of Henry Street at Lanihau 1st, North Kona, Island and County of Hawaii, State of Hawaii. Being portions of: Lot 6; and Royal Patent 7456, Land Commission Award 8559-B, Apana 11 to William C. Lunalilo (Certificate of Boundaries No. 25). Beginning at the Southwesterly corner of this easement, being also the Northwesterly comer of Easement 2 for Access and Utility Purposes and being a point on the Easterly side of Henry Street, said point of beginning bearing 172° 45' 69.00 feet from the Southwesterly comer of Lot 6, the coordinates of said point of beginning refereed to Government Survey Triangulation Station "KAILUA (NORTEi MERIDIAN)" being 1,600.85 feet North and 1,852.43 feet East and running by azimuths measured clockwise from True South: 1. 172° 45' 17.35 feet along the Easterly side of Henry Street to a point; Thence, following along the Easterly side of Henry Street on a curve to the right with a radius of 460.00 feet, the chord azimuth and distance being: 2. 177° 48' 80.98 feet to a point; n 3. 355° 11' 40" 107.85 feet along the remainder of Lot 6 to a point; .1 Thence, following along the Northerly side of Easement' 2 and along the remainder of Lot 6 on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance bcing: 4. I58° 11' 17" 10.06 feet to the point of beginning and containing an area of 321 Square Feet. END OF EXHIBIT G