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HomeMy WebLinkAbout2023-01-13 ACK LTR FOR KOHALA MAKANI KAI (PL-CCH-2023-011_PL-SPP-2022-018_PL-SMA-2022-018) Mitchell D.Roth d$•'s'�f f„i!►? Zendo Kern Mayor �digf Director Lee E.Lord Jeffrey W.Darrow Managing Director :� * Deputy Director T�OF.HIiI West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 January 13, 2023 Edmund Haitsuka via email Haitsuka Degele LLP 75-1000 Henry Street, Suite 208 Kailua-Kona, HI 96740 Dear Mr. Haitsuka: Special Permit Application No. PL-SPP-2022-000018 Special Management Area Use Permit Application No. PL-SMA-2022-000018 Applicant: Ahu Pohaku Ho`omaluhia LLC (Formerly Robert Watkins and Jean Sunderland) Subject: Acknowledgment of Petition for Standing in a Contested Case Hearing (PL-CCH-2023-000011) Tax Man Key: (3) 5-4-009:014,Hanaula and Hononueo, North Kohala,Hawaii This is to acknowledge receipt on January 11, 2023, of the Petition for Standing in a Contested Case Hearing that you filed with the Planning Department for Kohala Makani Kai, by and through Charles A. Anderson, its authorized agent. The petition will be forwarded to the Leeward Planning Commission for their consideration. The hearing on this matter, among others, will be held beginning at 9:30 a.m. on Thursday, January 19, 2023, at the West Hawaii Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. Your presence will be required at the hearing to respond to questions that the Leeward Planning Commission may have regarding the petition for standing. Please refer to Planning Commission Rules of Practice and Procedure, Rule 4 (Contested Case Hearing Procedure) for information about the contested case process. The rules can be found on the Planning Department website at: https://www.planning.hawaiicountygov/about-us/boards- committees/planning-commission-applications www.planning.hawaiicounty.eov Hawaii County is an Equal Opportunity Provider and Employer planning(d),,hawaiicounty.eov Edmund Haitsuka Haitsuka Degele LLP January 13, 2023 Page 2 If you have any questions, please feel free to contact Maija Jackson at 808-961-8159. Sincerely, Z92 2& W Jeffrey W.Da ow for(Jan 13,2023 10:16 HST) ZENDO KERN Planning Director JMA:j as \\coh0l\planning\public\wpwin60\Jessica\Letters\Kohala Makani Kai,LLC-PL-SPP-2022-000018-PL-SMA-2022-000018- AckRe c e iptForConte ste dCas ePetition.do c cc w/copy of petition: Leeward Planning Commission via e-mail Charles A. Anderson via e-mail Sinclair SalasFerguson, Esq., Deputy Corporation Counsel via e-mail Jean Campbell, Esq., Deputy Corporation Counsel via e-mail Sidney Fuke, Planning Consultant, for Ahu Pohaku Ho`omaluhia LLC via e-mail Jean Sunderland, Ahu Pohaku Ho`omaluhia, LLC via email i (Pago t of 2) l a NAh . Kohala Makani Kai,U C,by and through Charles A.Anderson,its authorized agent ADDRESS: P.U.Box 367 j Paauilo,HI 96776 JAR()NE No.; (808)895-5554 APPLICANT/ DO i"T NO.: PL-SMA-2022-0000i8&PL-SPP-2022-000018 i A, Is your interest in this matter clearly distinguishable from that of the Seneral public? i Yes X Flo If the answer is "yes",please explain: Petitioner owns pro erty(TMK(3)5-4 009-01 t)which is encumbered by certain access and utility easements which benefit Applicant's propert(TMK(3)5-4-009.014)and other properties. W _- If the answer is"no",please explain how tilt proposed action will nevertheless cause you actual or threatened injury: na Ii. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No x- If the answer is "yes",please explain the nature of Me sgency's jurisdiction: C. Do you lawfully reside on or have some property interest iu die land 'involved in the subject request? Yes No x If the sa4Wq is"yes",please explain: A OxA (te 2 of 2) U. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence,cultural,or religious purposes? 'Yes Na X If the answer is"yes",please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement: etitiaier s Signature STATE OF HAWAII ) } SS. COUNTY OF HAW AU On this \V _day of tanuarZ ,�0 Z3 . before me pex&Onaliy appeared Charles A.Anderson, authorized agent for Kohala i Wai.LLC. to we known to be the person described in and who executed the forego'urg instrument,and acknowledged that he executed the wane as his free act and deed, \\\0\SEE%Vi a-9a ;* Notary Public, State of Hawaii DESIREE M.IKEDA \ My commission expires EXPIRATION: June 24, 2026 DocuSign Envelope ID:DEEDA749-4B65-4996-A803-CE31593C3A38 LIMITED APPOINTMENT OF AGENT KOHALA MAKANI WAI, LLC, a Hawaii limited liability company (the "Company"), and the owner of Lot 6 (being a portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu) situate at Hanaula, District of North Kohala, Island and County of Hawaii, State of Hawaii, and designated on the tax maps of the Third Taxation Division of the State of Hawaii as Tag Map Key No. 5-4-009-01t (the "Subject Property"), hereby appoints CHARLES A. ANDERSON (the "Agent") as the Company's agent to act on behalf of the Company and with respect to the Subject Property to take all action necessary to contest that certain application to amend a Special Management Area permit (SMA 901-000003) and a Special Permit (SPP 01- 000006) submitted by Ahu Pohaku Ho'omaluhia, LLC dba Hawaii Island Retreat, LLC to the Planning Department of the County of Hawaii, and all matters related therewith (the "Proceedings"), and hereby authorizes the Agent to prepare, execute and submit all necessary and appropriate documentation to governmental agencies and authorities and to act and appear on the Company's behalf and in the Company's place and stead in all hearings and meetings in the Proceedings or in the appeal of the Proceedings. The Company reserves its right to approve and consent to any resolution or settlement of the Proceedings or the appeal of the Proceedings. Effective as of �� �� ' , 2023. KOHALA MAKANI WAI,LLC, a Hawaii limited liability company By: EWM INVESTMENTS, a Nevada limited liability company Its: Manager docu5igrted dy: 1/11/2023 y•AMALf,J ll9ff2 :�Y Moody Its: M[emggSSbLLert V STATE OF HAWAII cif or '"�rr BUREAU OF CONVEYANCES RECORDED November 7, 2012 1:00 PM Doc No(s) A-46940749 W NICKI ANN THOMPSON REGISTRAR 1 1 /1 TAW Conveyance Tax: $1911.50 B-32157U8 LAND COURT REGULAR SYSTEM Return By Mail 0 Pick-Up F-1 To: STEVEN S.C. LIM Carlsmith Sall LLP 121 Waianuenue Avenue Hilo, Hawaii 96720 TOTAL NUMBER OF PAGES: TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT: GRANTOR: EWM ENTERPRISES,LP,a Nevada limited partnership, whose mailing address is 175 E.Reno Avenue, Suite C-6,Las Vegas,Nevada 89119 GRANTEE: KOHALA MAKANI WAI,LLC,a Hawaii limited liability company,whose mailing address is 65-1323 Kawaihae Road,Kamuela,Hawaii 96743 TAX MAP KEY(3)5-4-009-011 4848-5692-1614 / 10-16-12 r ORi GiNAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That EWM ENTERPRISES, LP, a Nevada limited partnership, whose mailing address is 175 E. Reno Avenue, Suite C-6, Las Vegas, Nevada 89119, hereinafter called the "Grantor", for and in consideration of the sum of TEN AND NO1100 DOLLARS ($10.00) and other good and valuable consideration to the Grantor paid by KOHALA MAKANI WAI, LLC, / a Hawaii limited liability company, whose mailing address is 65-1323 Kawaihae Road, Kamuela, Hawaii 96743, 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 5-4-009-011, 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. AND THE SAID GRANTOR does hereby covenant with the Grantee that the Grantor is lawfully seised in fee simple of said granted premises and that the said premises are free and clear of all encumbrances except as aforesaid, and except for assessments for real property taxes. And the said Grantor further covenants and agrees that the Grantor has good right to sell and convey the said premises in the manner aforesaid; that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. 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 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 2 unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IT 1S MUTUALLY AGREED that the terms "Grantor" and "Grantee", as and when used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singular or plural number, individuals, associations, trustees, corporations or partnerships, and their and each of their respective successors in interest, heirs, executors, personal representatives, administrators and permitted assigns, according to the context thereof, and that if these presents shall be signed by two or more grantors, or by two or more grantees, all covenants of such parties shall be and for all purposes deemed to be their joint and several covenants. IN WITNESS WHEREOF, the Grantor has executed these presents on this ,eljday of , 2012. EWM ENTERPRISES, LP, a Nevada limited partnership By EWM Management, LLC, a Nevada limited liability company Its Partner By ERNEST . MOODY Its Manager GRANTOR 3 STATE OF NEVADA } ss. COUNTY OF CLARK } On this day of , 2012, before me personally i appeared ERNEST W. MOODY, to me known (or proved to me on the basis of satisfactory evidence) that he is the Manager of EWM Management, LLC, a Nevada limited liability company, Partner of EWM Enterprises, LP, a Nevada limited partnership and that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. . a�vin ors. t+o'[�nr pt�91LC ITAMOFMAM Name: �ya , ,. rxu,zaEa Notary Public State of Nevada My commission expires: EXHIBIT "A" All of that certain parcel of land(being portion(s) of the land(s) described in and covered by Grant 2781 to Keliilawaia and Grant 2845 (Lot 1)to Rebecca Kaleohaalulu) situate at / Hanaula, North Kohala, Island of Hawaii, State of Hawaii, being LOT 6, described as follows: Beginning at the east corner of this parcel of land, also being the south corner of Lot 7 (Grant 2753 to Kalama 2) on the westerly boundary of Lot 14 (Grant 2750 to Kaohimaumu), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O NALE" being 15,240.49 feet north and 14,562.06 feet east and running by azimuths measured clockwise from true South: 1. 44" 47' 14" 772.73 feet along Lot 14 (Grant 2750 to Kaohimaumu); 2. 490 01' 1,210.12 feet along Lot 5 (Portion of Grant 2845 (Lot 1) to Rebecca Kaleohaalulu); 3. 1200 15' 46.81 feet along the remainder of Grant 2781 to Keliilawaia; 4, 105" 10' 113.00 feet along the remainder of Grant 2781 to Keliilawaia; 5. 103" 30' 414.00 feet along the remainder of Grant 2781 to Keliilawaia; 6. 530 30' 587.12 feet along the remainders of Grant 2781 to Keliilawaia and Grant 2845 (Lot 1)to Rebecca Kaleohaalulu; 7. 1970 06' 439.20 feet along Lot 1 (Portion of Grant 2744 to Makuaole and Hoolani); 8. 205" 36' 2,207.70 feet along Lot 2 (Portion of Grant 2780 to Kaanaana) and Lot 3 (Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu); 9. 3010 51' 1.,646.97 feet along Lot 7 (Grant 2753 to Kalama 2)to the point of beginning and containing an area of 59.613 Acres, more or less, as per survey by Rodney M. Kawamura, Licensed Professional Land Surveyor, Certificate No. 2671, dated October 24, 2002. EXHIBIT "A" Page 1 of 5 TOGETHER WITH a perpetual, nonexclusive right and easement for access purposes across the Park Subdivision Easements, Union Mill Road & Higa Easement, being more particularly described in that certain Grant of Easements, dated February 01, 2005, and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2005-028233. Being the land conveyed by the following: WARRANTY DEED Grantor: EWM Investments, LLC, a Nevada limited liability company Grantee: EWM Enterprises, LP, a Nevada limited partnership Dated: December 14, 2009 Document No. 2009-194884 SUBJECT, HOWEVER, to the following 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Portion of Easement A (60 ft. wide) for access and utility purposes, affecting Lot 6 (Portion of Grant 2781 to Keliilawaia and Grant 2845 (Lot 1) to Rebecca Kaleohaalulu), being more particularly described as follows: Beginning at the south corner of this parcel of land, also being the west corner of Lot 5 (Portion of Grant 2845 (Lot 1) to Rebecca Kaleohaalulu) and the south comer of Lot 6 (Portions of Grant 2781 to Keliilawaia and Grant 2845 (Lot 1) to Rebecca Kaleohaalulu), the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU O NALE" being 13,898.27 feet north and 13,104.03 feet east and running by azimuths measured clockwise from true south: 1. 120" 15' 46.81 feet along the remainder of Grant 2781 to Keliilawaia; 2. 105° 10' 113.00 feet along the remainder of Grant 2781 to Keliilawaia; 3. 103" 30' 656.62 feet along the remainder of Grant 2781 to Keliilawaia; 4. 1200 00' 102.73 feet; 5. 2050 36' 59.89 feet along Lot 2 (Portion of Grant 2780 to Kaanaana); 6. 3000 00' 97.66 feet; EXHIBIT "A" Page 2 of 5 7. 2830 30' 649.80 feet; 8. 285" 10' 121.82 feet; 9. 3000 15' 75.14 feet; 10. 490 01' 63.37 feet along Lot 5 (Portion of Grant 2845 (Lot 1) to Rebecca Kaleohaalulu) to the point of beginning and containing an area of 1.283 Acres, more or less, as per survey by Rodney M. Kawamura, Licensed Professional Land Surveyor, Certificate No. 2671, dated October 24, 2002. 3. Portion of Easement J (50 ft. wide) for access and utility purposes, affecting Lot 6 (Portions of Grant 2781 to Keliilawaia and Grant 2845 (Lot 1) to Rebecca Kaleohaalulu), being more particularly described as follows: Beginning at the north corner of this parcel of land on the northerly boundary of Lot 6 (Portion of Grant 2781 to Keliilawaia and Grant 2845 (Lot 1) to Rebecca Kaleohaalulu) and the southerly boundary of Lot 7 (Grant 2753 to Kalama 2), the coordinates of said beginning referred to Government Survey Triangulation Station "PUU O NALE" being 15,451.57 feet north and 14,222.29 feet east and running by azimuths measured clockwise from true south: 1. 301° 51' 50.00 feet along Lot 7 (Grant 2753 to Kalama 2); 2. 31" 52' 1,26191 feet; 3. 670 00' 13891 feet; Thence along a curve to the Ieft with a radius of 300.00 feet, the chord azimuth and distance being: 4. 430 30' 239.25 feet; 5. 200 00' 80.08 feet; 6. 49" 01' 103.08 feet along Lot 5 (Portion of Grant 2845 (Lot 1) to Rebecca Kaleohaalulu); 7. 2000 00' 170.23 feet; Thence along a curve to the right with a radius of 350.00 feet, the chord azimuth and distance being: EXMIT "A" Page 3 of 5 8. 2230 30' 279.12 feet; 9. 2470 00' 123.08 feet; I0. 211° 5 F 1,246.07 feet to the point of beginning and containing an area of 2.039 Acres, more or less, as per survey by Rodney M. Kawamura, Licensed Professional Land Surveyor, Certificate No. 2671, dated October 24, 2002. 4. Hanaula Gulch as shown on tax map. 5. Ohanaula Gulch as shown on tax map. 6. Reservation(s) as contained in the following: FINAL JUDGMENT Dated: March 22, 1999 Document No. 99-045916 but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 7. The terms, provisions, covenants, easements and reservations as contained in the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HONOPUEO Dated: May 06, 2003 Document No. 2003-091323 but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons The foregoing Declaration was amended by the following: Document No. Dated 2003-226446 August 07, 2003 2005-242340 November 23, 2005 EXHIBIT "A" Page 4 of 5 8. AFFIDAVIT OF RODNEY M. KAWAMURA Dated: January 14, 2003 Document No. 2003-014100 Re: Affects Tax Map Key No.: (3) 5-4-009-001 (Lots 1 to 23) 9. The terms, provisions, covenants, easements and reservations as contained in the following: DECLARATION OF EASEMENTS Dated: --/--/2003 Document No. 2003-069608 10. The terms, provisions, covenants, easements and reservations as contained in the following: DECLARATION OF EASEMENTS Dated: April 14, 2003 Document No. 2003-070309 11. Any unrecorded leases, subleases, and/or tenancy agreements demising a portion of the land herein described, and any encumbrances affecting the same. 12. Claims arising out of customary or traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes as provided for in the Hawaii Constitution or the Hawaii Revised Statutes, as amended. Tax Map Key (3) 5-4-009-011 EXHIBIT "A" Page 5 of 5