HomeMy WebLinkAbout2023-01-13 ACK LTR FOR EWM ENTERPRISES LP (PL-CCH-2023-010_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-2023-000010)
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 EWM Enterprises, LP, 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,
r 7G//-9!2 GV. OGIwwle/ �-
Jeff�W.Darrowfor(Jan 13,202310:1 HST)
ZENDO KERN
Planning Director
JMA.j as
\\coh01\planning\public\wpwin60\Jessica\Letters\EWNMnterprisesLP-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
(Page i of 2)
NAME: EWM Enterprises,LP,by and through Charles A.Anderson,its authorized a end t
ADDRESS: P.O. Box 367
Paauilo.HI 96776
PHONE NO.:,_(808)895-5554
APPLICANT/
DC CMT NO.: PL-sMA-2022-000018&PL-5PP-2022-0000I8
A. Is your interest in Us;natter clearly distinguishable from that of the general public? ;
t
Yes x No t
If the answer is"yes",please explain:
Petitioner-owns pro erty TMK(3)5-4-009-n09)along,the ocean and one(1)lot awav from
Apt K(3)P 4 009114 _._�� _p s certali7,,..�.,_�, f
easements for access and udlit r urposes with l���cantt's property nd other properties,_____ 1
If the answer is"no", please explain how the proposed action will nevertheless cause you
actual or threatened injury:
nna
B. 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 the agency's jurisdiction: j
n/a - - — - -
C. Do you lawfully reside on or have some property interest in flit land involved in the
subject request?
Yes No x '
If the iinswer is"yes",please explain: 1
A�asettx?,
i
i
I
(PW 2 of 2)
D. Are you a person or persons descended frorn native Hawaiians who inhabited the
Hawaiian Islands prior to 1778,who practiced those rights which ware customarily and
traditionally exercised for subsistence~cultural,or religious pwrposes?
If the answer is"yes*, please submit any genealogical evidence and historical evidence
showing the txercisa of those rights to support your statement:
Pe ' ioricr's Signature y
STATIC OF HA'WAU }
} SS.
COUNTY OF HAWAIl }
On this 11 day of January ,20 223,,,before me personally appeared Charles A.Anderson.
authorized agent for KgJ�ala Iakani W i. . .0 , to me luiown to be the person described iu and who executed
the foregoing instrument,mid acknowledged that lie executed the same as his free act and deed.
$�90 Notary PublicdES�R EOf M.'I DAc� NF
%9
_. EXPIRATION:�Jmune 24,2026
My commission ex tres: .t NN
DocuSign Envelope ID:DEEDA7494B6543B6-A803-CE31593C3A38
LIMITED APPOINTMENT OF AGENT
EWM ENTERPRISES, LP, a Nevada limited liability company (the "Company"),
and the owner of Lot 4 (being a portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu) situate
at Laaumama, 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 Tax Map
Key No. 5-4-009-009 (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 52023.
EWM ENTERPISES,LLC, a Nevada limited
liability company
By: EWM MANAGEMENT,LLC, a Nevada
limited liability company
Its: Manager
DocuSigned by:
1/11/2023
i
313A(�I ..W.Moody
Its: Manager
i
I
6 9V
�� R-313 STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
DEC 23,2009 08:01 AM
0 Doe No(S)2009-194883
IS/NiCKI ANN THOMPSON
REGISTRAR
20 ill Z8 CONVEYANCE TAX:$699.30
LAND COURT REGULAR SYSTEM
Return By Mail IXJ Pick-Up [::] To:
STEVEN S.C.LIM ORDER No.: 00197490
V11 Carlsraith Ball LLP
121 Waianuenue Avenue TOTAL NUMBER OF PAGE
Hilo,Hawaii 96720
TITLE OF DOCUMENT:
WARRANTY DEED
PARTIES TO DOCUMENT:
GRANTOR: EWM Investments LLC,a Nevada limited liability company, whose mailing
address is 2116 Redbird Drive,Las Vegas,Nevada 89134
GRANTEE: EWM Enterprises,LP, a Nevada limited partnership, whose mailing address is
175 E.Reno Avenue,Suite C-6,Las Vegas,Nevada 89119
TAX MAP KEY(3)5-4-009-009 4831-6038-6053/ 12-10-09
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That EWM Investments LLC, a Nevada limited liability company, whose
mailing address is 2116 Redbird Drive, Las Vegas, Nevada 89134, hereinafter called the '
"Grantor", for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and
other good and valuable consideration to the Grantor paid by 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 "Grantee", the receipt whereof is hereby acknowledged,
does hereby grant, bargain, sell and convey unto the Grantee all of Grantor's undivided fifty
percent (50%) interest in and to that certain real property designated on the tax maps of the Third
Taxation Division, State of Hawaii, as Tax Map Key 5-4-009-009, 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 IS 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
1�-
day of December, 2009.
EWM Investments LLC,a Nevada limited
liability co pany
By: ERNEST W. MOODY ;
Its Managing Member
"GRANTOR"
APPROVED AS TO FORM
CARLSMITH BALL LLP
BY Steven S.C. Lim
12-10-09
3
STATE OF NEVADA }
} ss.
COUNTY OF CLARK }
On this _ day of /n , 2009, before me personally
appeared ERNEST W. MOODY, to me known (or proved to me on the basis of satisfactory /
evidence) that he is the Managing Member of EWM INVESTMENTS LLC, a Nevada
limited liability company, 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.
ame: 471 -y A-10 Y S
DAVIDDKKM Notary Public
NOTARY PUBLIC State of Nevada /
SPATE Of NEVADA
i 12.11.2012
xW.08 MI My commission expires: z 2
EXHIBIT "A"
LOT 4
Being a Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu
Laaurnarna, North Kohala, Island of Hawaii,Hawaii
Beginning at the South corner of this parcel of land, also being the Northeast corner of
Lot 3 (Portion of Grant 2845 (Lot 2)to Rebecca Kaleohaalulu), the North corner of Lot 8
(Portion of Grant 2732 to Kamaka) and the West corner of Lot 9 (Portion of Grant 2732 to
Karnaka), the coordinates of said point of beginning referred to Government Survey
Triangulation Station "PL U O NALE" being 17,753.29 feet North and 14,265.50 feet East and
running by azimuths measured clockwise from true South:
1. 1520 00' 314.02 feet along Lot 3 (Portion of Grant 2845 (Lot 2) to
Rebecca Kaleohaalulu);
Thence along Lot 3 (Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu) on a curve
to the left with a radius of 575.00 feet,the chord
azimuth and distance being:
2. 146° 30' 110.22 feet;
3. 141° 00' 370.00 feet along Lot 3 (Portion of Grant 2845 (Lot 2)to
Rebecca Kaleohaalulu);
Thence along Lot 3 (Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu) on a curve
to the left with a radius of 320.00 feet, the chord
azimuth and distance being:
4. 1090 30' 334.40 feet;
5. 78" 00' 567.71 feet along Lot 3 (Portion of Grant 2845 (Lot 2) to
Rebecca Kaleohaalulu);
Thence along Lot 3 (Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu) on a curve
to the right with a radius of 530.00 feet,the chord
azimuth and distance being:
6. 1130 00' 607.99 feet;
7. 1960 26' 1,057.19 feet along the remainder of Grant 2845 (Lot 2)to
Rebecca Kaleohaalulu;
Thence along the top of the cliff,the direct azimuth and distance being:
EXHIBIT "A"
Page 1 of 5
8. 3020 51' 2,365.46 feet;
9. 330 51' 745.03 feet along Lot 9 (Portion of Grant 2732 to Kamaka)
to the point of beginning and containing an area of
42.895 acres, more or less.
Together with a perpetual non-exclusive right and easement over, across and through Tax
Map Keys(3) 5-4-009-001 & (3) 5-4-010-062 and Union Mill Road for access and utility
purposes, as granted by instrument dated----, 2003,recorded in the Bureau of Conveyances of
the State of Hawaii as Document No. 2003-069607.
Being the land conveyed by the following:
(1) WARRANTY DEED
Grantor: SURETY KOHALA CORPORATION, a Hawaii
corporation
Grantee: TIMOTHY THEVENARD and CHRISTINE
THEVENARD,husband and wife, as Tenants by the
Entirety, as to an undivided 50% interest, and CHARLES
ALAN ANDERSON and LISA LANDRY ANDERSON,
husband and wife, as Tenants by the Entirety, as to an
undivided 50% interest, as Tenants in Common
Dated: April 10, 2003
Document No. 2003-069609
(2) WARRANTY DEED
Grantor: TIMOTHY THEVENARD and CHRISTINE
THEVENARD,husband and wife
Grantee: EWM INVESTMENTS LLC, a Nevada limited liability
company
Dated: April 13, 2004
Document No. 2004-078188
SUBJECT,HOWEVER, to the following:
1. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Shoreline setbacks: "Shoreline setbacks established pursuant to the laws of the State of
Hawaii, or any political subdivision thereof, and any ordinances, rules or regulations
adopted or promulgated by any governmental authority pursuant to such laws."
3. Seaward boundary: "Determination of the seaward boundary of the land described herein
pursuant to the laws of the State of Hawaii" .
EXHIBIT "A"
Page 2 of 5
4. 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.
5. Portion of Easement B (50 ft. wide) for access and utility purposes, affecting Lot 4
(Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu, being more particularly
described as follows:
Easement B
(50 ft. wide)
Beginning at the South corner of this parcel of land, also being the Northeast
corner of Lot 3 (Portion of Grant 2845 (Lot 2)to Rebecca Kaleohaalulu),the North
corner of Lot 8 (Portion of Grant 2732 to Kamaka) and the West corner of Lot 9(Portion
of Grant 2732 to Kamaka),the coordinates of said point of beginning referred to
Government Survey Triangulation Station "PUU O NALE"being 17,753.29 feet North
and 14,265.50 feet East and running by azimuths measured clockwise from true South:
1. 1520 00' 314.02 feet along Lot 3 (Portion of Grant 2845 (Lot
2) to Rebecca Kaleohaalulu);
Thence along Lot 3 (Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu) on a
curve to the left with a radius of 575.00 feet,
the chord azimuth and distance being:
2. 1460 30' 110.22 feet;
3. 1410 00' 370.00 feet along Lot 3 (Portion of Grant 2845 (Lot
2)to Rebecca Kaleohaalulu);
Thence along Lot 3 (Portion of Grant 2845 (Lot 2)to Rebecca Kaleohaalulu)on a
curve to the left with a radius of 320.00 feet,
the chord azimuth and distance being:
4. 1090 30' 334.40 feet;
5. 780 00' 567.71 feet along Lot 3 (Portion of Grant 2845 (Lot
2) to Rebecca Kaleohaalulu);
Thence along Lot 3 (Portion of Grant 2845 (Lot 2) to Rebecca Kaleohaalulu) on a
curve to the right with a radius of 530.00
feet,the chord azimuth and distance being:
6. 1130 00' 607.99 feet;
EXHIBIT "A"
Page 3 of 5
7. 196" 26' 34.09 feet along the remainder of Grant 2845 (Lot
2)to Rebecca Kaleohaalulu;
Thence along a curve to the left with a radius of 505.00 feet, the chord azimuth
and distance being:
8. 2940 17' 0111 597.70 feet;
9. 2580 00' 567.71 feet;
Thence along a curve to the right with a radius of 345.00 feet, the chord azimuth
and distance being:
10. 289" 30' 360.52 feet;
11. 321" 00' 370.00 feet;
Thence along a curve to the right with a radius of 600.00 feet, the chord azimuth
and distance being:
12. 326" 30' 115.01 feet;
13. 332" 00' 300.65 feet;
14. 330 5F 28.35 feet along Lot 9 (Portion of Grant 2732 to
Kamaka) to the point of beginning and
containing an area of 1.358 acres, more or
less.
6. AFFIDAVIT OF RODNEY M. KAWAMURA
Dated: January 14, 2003
Document No. 2003-014100
Re: Affects Tax Map Key No. : (3) 54-009-001 (Lots 1 to 23)
7. The terms, provisions, covenants, easements and reservations as contained in the
following:
DECLARATION OF EASEMENTS
Dated: -4-42003
Document No. 2003-069608
EXHIBIT "A"
Page 4 of 5
8. The terms, provisions, covenants, easements and reservations as contained in the
following:
DECLARATION OF EASEMENTS
Dated: April 14, 2003
Document No. 2003-070309
9. Any unrecorded leases, subleases, and/or tenancy agreements demising a portion of the
land herein described, and any encumbrances affecting the same.
Tax Map Key(3) 5-4-009-009
EXHIBIT "A"
Page 5 of 5