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