HomeMy WebLinkAbout2023_10_17; Affordable Housing Agreement for Mailani DevelopmentMitchell D.Roth
Mayor tvos qYd ` N•, Susan K.Kunz
Housing Administrator
Lee E.Lord
s': `,
Managing Director Harry M.Yada
Assistant Housing Administrator
Robert H.Command ri of N'''l-`-
Deputy Managing Director
County of Hawaii
Office of Housing and Community Development
1990 Kino`ole Street,Suite 102 • Hilo,Hawaii 96720 • (808)961-8379 • Fax(808)961-8685
Existing Housing:(808)959-4642 • Fax(808)959-9308
Kona: (808)323-4300 • Fax(808)323-4301
TRANSMITTAL MEMORANDUM
October 17, 2023
TO: Heather Kimball, Council hair
and Members of the wai'i ounty Council
FROM: Susan K. Kun e .Housing Admi ' tr or
co
SUBJECT: ORDINANCE 23-20 RELATED TO AFFORDABLE HOUSING 7-
AFFORDABLE HOUSING AGREEMENT
COPIES/ITEMS DATE DESCRIPTION lal
One (1) copy 10-04-23 Affordable Housing Agreement for Mailani Development
LLC
TRANSMITTED FOR:
Your information and files Your approval
Your signature and return Your review and comments
Your signature and forwarding See remarks below
as noted below Filing and return (envelope enclosed)
Per your request
REMARKS: Pursuant to Hawaii County Code Section 11.19(a) Affordable Housing
agreements, within thirty calendar days following the date of execution of any affordable
housing agreement executed in satisfaction of this chapter, the housing administrator
shall submit a copy of the affordable housing agreement to the council.
Enclosed is an executed Affordable Housing Agreement for Mailani Development, LLC
and filed with the Bureau of Conveyances on October 4, 2023.
Should you have any questions please contact our office at 961-8379. Thank you.
8851 damb
EQUAL HOUSING
OPPORTUNITY
c e STATE OF HAWAII
19s9 9 BUREAU OF CONVEYANCES
p}
RECORDED
October 4, 2023 8:01 AM
Doc No(s)A-86770221
Doc 1 of 2 s/LESLIE T KOBATA
Pkg 12270476 SKC REGISTRAR
LAND COURT REGULAR SYSTEM
Return By Mail X Pick-Up To: RS/1
MAILANI DEVELOPMENT LLC TG ACCOM:AC7311440401PPostOfficeBox6211
Hilo, Hawaii 96720
TITLE OF DOCUMENT:
AFFORDABLE HOUSING AGREEMENT
DEVELOPER: MAILANI DEVELOPMENT LLC.,a Hawai'i Limited Liability Company,
whose principal place ofbusiness and mailing address is P.O. Box 6211,
Hilo,Hawai`i, 96720-8924
COUNTY: COUNTY OF HAWAI`I,a municipal corporation of the State of Hawai`i,
whose principal place of business and mailing address is 25 Aupuni Street,
Hilo,Hawai`i 96720
TAX MAP KEY(S): (3)2-4-080:013
This document consists of 25 pages.)
AFFORDABLE HOUSING AGREEMENT
This Agreement is made and effective this Vs.' day of S'Cf 111M"2023 by and
between Mailani Development LLC, a Hawai'i Limited Liability Company,hereinafter referred
to as"Developer",whose principal place of business and mailing address is: P.O.Box 6211,
Hilo,Hawaii 96720-8924, and the COUNTY OF HAWAII, a municipal corporation of the
State of Hawai`i,hereinafter referred to as"County",whose principal place of business and
mailing address is 25 Aupuni Street,Hilo,Hawai`i 96720.
RECITALS
WHEREAS,the Developer proposes to develop approximately twenty-seven(27)
finished housing lots on approximately seven and one half(7.6310)acres ofreal property
situated off of Mailani Street in Hilo,District of South Hilo,County and State of Hawai`i
identified as TMK: (3)2-4-080:013 (hereinafter the"Project"),and more particularly described
in Exhibit"A"attached hereto and made part of; and
WHEREAS, on September 18,2019,the County's Change ofZone Ordinance No. 19-
92 became effective, amending the zoning of the Affordable Housing Site from Agricultural—
Three Acres(A-3a)to Single Family Residential— 10,000 square feet(RS-10)subject to
Condition"P",which provides for the development of affordable housing lots as follows:
P. To ensure that the Goals and Policies ofthe Housing Element
of the General Plan are implemented,the applicant shall comply
with the requirements of Chapter 11,Article 1,Hawai`i County
Code relating to Affordable Housing Policy.This requirement
shall be approved by the Administrator of the Office of Housing
and Community Development prior to Final Subdivision Approval.
WHEREAS,the Developer has evaluated the various options available for satisfying the
requirements of Chapter 11,Article 1,Hawai`i County Code("Chapter 11"); and
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WHEREAS, Hawaii County Code("HCC") Section 11-5(a)(7)provides that the
affordable housing requirements can be satisfied by obtaining affordable housing excess credits
from another developer pursuant to HCC Section 11-15; and
WHEREAS,the Developer proposes to satisfy the Project's affordable housing
requirements through the acquisition of five and one-half(5.5) affordable housing excess credits
excess credits")in accordance with HCC Section 11-5(a)(7); and
WHEREAS,the Developer has alternatively purposed, in the event the Developer is not
able to acquire five and one-half(5.5)excess credits,to satisfy the affordable housing
requirement by constructing and selling a total of six(6) affordable finished lots in accordance
with HCC Section 11-5(a)(2); and
WHEREAS, Chapter 11 of the Hawai`i County Code,relating to Affordable Housing
Policy, authorizes the Mayor,the Office of Housing and Community Development("OHCD")or
their duly authorized representative to enter into this Agreement with the Developer to perform
one or any combination of the options for satisfaction of the affordable housing requirements
contained within HCC Sectionl l-5; and
NOW,THEREFORE,in consideration of the mutual covenants in this Agreement, and
pursuant to Chapter 11,the parties hereby agree as follows:
I.Developer Representations and Warranties
Developer hereby represents and warrants following:
1. At the time of execution of this Agreement, Developer has good and marketable
fee-simple title to the Property, subject only to such encumbrances set forth on
Exhibit"A"hereto.
2. Developer is qualified to transact business under the laws ofthe State ofHawai`i
and has the full legal right,power and authority to execute this Agreement.
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3. The execution and performance of this Agreement by the Developer will not
violate or,as applicable,have not violated any provision of law,rule or regulation
or any order of any court or other agency or governmental body.
4. Developer will not knowingly take or permit any action that would result in a
violation of the requirements of Chapter 11 of the Hawai`i County Code and
applicable regulations or this Agreement. Further,the Developer will comply with
all applicable County, State, and Federal laws,rules,regulations,and
requirements.
5. Developer plans on satisfying the affordable housing requirements of the Project
utilizing the options set forth in this Agreement, summarized as:
Option 1: Complete the acquisition of excess credit(s)from a 3rd party
developer(s)for a total of 5.5 excess credits which have been verified with
written approval by OHCD and recorded with the BOC; or
Option 2: Complete the sale of five (5)Lots at the eighty percent(80%)
adjusted medium income (AMI)level earning one Credit each, for a total
of five(5)credits, and the sale of one(1)Lot at one hundred percent
100%)adjusted medium income level earning one half Credit(0.5) each,
for a total of one-half(.05)credits.
II. OPTION 1: Satisfaction by Acquisition and Redemption of Excess Credits
1. Excess Credit Verification. The Developer shall notify the OHCD in writing of its request
to use excess credits obtained from a specific Developer whose project has earned excess
credits for their use. OHCD shall verify the eligibility of the credit to be purchased from a
third party to meet the Developer's housing condition including the 15-mile radius
restriction per HCC Sectionl 1-15 and HCC Sectionl 1-15(c), and Hawai`i Revised
Statutes (HRS) Section 46-15.1(b). OHCD shall provide written notification to the
Developer of the proposed excess credits eligibilty or non-eligibilty of use for the Project
location.
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2. Excess Credit Use. Upon closing of the Developer's purchase of five and one-half(5.5)
excess credits from a 3rd party, which were verified by the OHCD as eligible for use for
the Project:
a. OHCD will acknowledge and approve the 3rd party's Transfer Agreement of the
affordable housing excess credits,to Developer; and
b. Developer is responsible for recording the Transfer Agreement with the State of
Hawai`i Bureau of Conveyances(BOC)within 15 days of OHCD approval,
failure to record the Transfer Agreement will null and void this County's
approval; and
c. Developer shall provide a copy of the recorded Transfer Agreement to OHCD
within 30 days; and
d. Upon recordation, Developer will be entitled to use the affordable housing excess
credits to satisfy the affordable housing requirements for the Project;
3. Redemption of Excess Credits. Upon OHCD's approval of Developer's purchase of the
five and one-half(5.5)excess credits, said excess credits will be redeemed by OHCD in
satisfaction of the affordable housing requirement of the Project as twenty-seven(27)
finished housing lots development of TMK: (3)2-4-080:013.
4. Timeline. Developer shall have one hundred eighty (180)days from the date of
execution of this Agreement to obtain excess credits deemed eligible for the Project by
OHCD. If the Developer does not obtain excess credits deemed eligible for the Project
by OHCD during this time period, Developer shall complete satisfaction of the Project's
affordable housing requirements by completing the terms outlined in Option 2.
III. OPTION 2: Satisfaction by the Sale of 6 Affordable Finished Lots
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In the event Developer is unable to acquire five and one-half(5.5)excess credits in
compliance with HCC Chapter 11, as approved by the Housing Administrator,the
Developer agrees to meet the affordable housing requirement ofthe Project, as follows:
1. Development ofthe Property. Developer is responsible for completing the development
of twenty seven(27)finished lots with road access drainage, water, electricity, sewer
lines, if required, and telephone. As required by HCC Sectionl 1-5(a)(2),the entire
Project will be marketed as finished lots. Six(6) of the(27)finished lots will be
designated to be sold as an affordable finished lot("Affordable Lots"), subject to the
approval of the Housing Administrator. The Affordable Lots shall not have unusual site
conditions that make it difficult to build a home, in accordance with HCC Section11-5(b).
Until such time as the conditions set forth in this Agreement are satisfied,the provisions
of this Agreement and the requirements to provide the Affordable Lots shall be binding
on the Property.
2. Designated Affordable Lots. Developer hereby agrees to construct the following
Affordable Lots within the Project site,and to sell those lots exclusively to the indicated
Income Eligible Buyer(s)at an Affordable Sale Price:
Number of Lots Income Eligible Buyers Credits Earned
per Unit
5 No more than 80%AMI 1.0
1 No more than 100%AN1I 0.5
The calculations above are pursuant to HCC Sectionl 1-5(d)(2).
A. The designated Affordable Lots shall be acceptable to and approved by the
Housing Administrator in writing prior to the sale of market finished lots.
B. The designated Affordable Lots shall be of comparable area(square feet) as the
market lots,and be completed with road access drainage, water, electricity, sewer
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lines, if required, and telephone,and shall not have unusual site conditions that
make it difficult to build a home.
C. If the designated Affordable Lots on the Project site are intended to be developed
and marketed in more than one development phase,then at least twenty percent
20%)of the lots offered in each phase shall be designated as Affordable Lots.
D. Developer may subsequently change the Affordable Lot designation within a
Phase if acceptable to and approved by the Housing Administrator and meets all
of the requirements outlined in Section B. Changes to the Affordable Housing
Lot designation shall not be unreasonably withheld. Any subsequent change to
the Affordable Lot designation will be approved in writing.
3. Sale of Affordable Lots. Developer shall comply with the procedures and guidelines
outlined by OHCD in relation to the sale of the Affordable Lots. All sales of the
Affordable Lots will include a Warranty Deed rider that will outline the affordability
period and resale restrictions as required by Chapter 11 and the Housing Administrator.
4. Timeline. If Developer is not able to obtain excess credits as outlined in Option 1,the
Developer shall complete the construction of the Project,and sell the Affordable Lots to
Income Eligible Buyers within five(5)years from the date of execution of this
Agreement. Developer can request an extension of this timeline, subject to the approval
of the Housing Administrator. If an extension is granted, such extension will be
memorialized in an amendment to this Agreement.
IV. General Terms That Apply to This Agreement
1. Completion of Performance; Release. Completion of performance ofthe affordable
housing requirements requires the construction and sale of the twenty-seven(27)finished
housing lots. Upon satisfaction, a Release of the Agreement or Partial Release of this
Agreement, as applicable, shall be executed by the parties hereto and filed by the
Developer with the Bureau of Conveyances,or with the Land Court of the State of
Hawai`i, as applicable, within thirty(30)days of execution.
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2. Changes in Development Plans. Any change in the development plans may change the
number of excess credits or finished housing lots required to fully satisfy the affordable
housing requirements of the Project located at TMK: (3)2-4-080:013. If the
development plans for the Project located at TMK: (3)2-4-080:013 change,Developer
will renegotiate the terms of satisfying the affordable housing requirements and agree to
the amendment of this Agreement as necessary to comply with the Code, any and all
applicable rules,regulations,policies,procedures, rulings or other official statements
pertaining to the implementation of HCC Chapter 11.
3. Amendment. The Developer agrees that it will take all actions necessary to effect
amendment of this Agreement as may be necessary to comply with the Code, any and all
applicable rules, regulations,policies,procedures,rulings or other officials statements
pertaining to the implementation of Chapter 11,the Affordable Housing Policy, as may
be amended.
4. Termination. Immediately upon termination,lapse, disapproval or revocation(as
applicable)of Developer's final subdivision approval,or plan approval,this Agreement
shall,without further action on the part of any party hereto,terminate and be of no further
force or effect.
5. Breach; Enforcement of Restrictions. Developer acknowledges that the purpose of this
agreement is to ensure compliance of the Project and Developer with Chapter 11,
Affordable Housing Policy, and the applicable rules and regulations. BY REASON
THEREOF, THE OWNER HEREBY AGREES,THAT ANY BREACH OF THE
AFFORDABILITY PROVISIONS, IF OPTION 2: SALE OF AFFORDABLE LOTS IS
REQUIRED,THE COUNTY AND ANY INDIVIDUAL WHO MEETS THE
REQUIREMENTS OF AN INCOME ELIGIBLE BUYER SHALL BE ENTITLED,IN
ADDITION TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO
ENFORCE SPECIFIC PERFORMANCE BY THE DEVELOPER UNDER THIS
AGREEMENT IN A COURT OF COMPETENT JURISDICTION. The Developer
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hereby further specifically acknowledges that the beneficiaries of the Developer's
obligations hereunder cannot be adequately compensated by monetary damages in the
event of any default hereunder.
In the event the designated Affordable Lots are not sold at the Affordable Sale Price as
indicated in this agreement,the County shall have the right to:
i) require the Developer to remit to the County all proceeds above the delineated
Affordable Sale Price for the designated Affordable Lot(s), such proceeds will go
to the Affordable Housing Production Fund;or
ii) enforce specific performance of the sale of an unsold market finished lot at the
Affordable Sale Price to an Income Eligible Buyer following the procedures and
restrictions outlined by OHCD; or
iii) purchase from the Developer any unsold market finished lot, equivalent to the
designated Affordable Lot(s)that was not sold at the Affordable Sale,for a
purchase price of ONE AND NO/100 DOLLARS ($1.00).
6. Recordation. This Agreement shall run with the land and be binding upon and inure to the
benefit of the parties hereto,and their respective successors and assigns. This Agreement
shall be recorded against the land by the Developer at the BOC or with the Land Court of
the State of Hawaii as applicable,within thirty(30) days after being fully executed by
the parties. The parties agree to take such actions and execute whatever other documents
as are necessary to effectuate and carry out the intent of this Agreement.
7. Agreement Binding Upon Successors. This Agreement shall run with the land and be
binding upon and inure to the benefits parties hereto,their respective successors and
assigns. Any subsequent owner of all or any portion of the Project shall,without any
further action being required, assume all obligations of the Developer hereunder.
8. Prior Agreements. This Agreement supersedes all other agreement and understandings
whether oral or written)made heretofore or contemporaneously herewith by the parties
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on the subject matter hereof. The provisions of this Agreement may not be modified,
altered, or changed except by another written instrument executed by the parties hereto.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and integrates all of the terms and conditions mentioned herein or incidental hereto and
supersedes all negotiations or previous agreements between the parties regarding all or
any part of the subject matter thereof. Each party to this agreement acknowledges that no
representations, inducements,promises or agreements,orally or otherwise,have been
made by any party,or anyone acting on behalf of the party,which are not embodied
herein, and that any other agreement, statement, or promises not contained in this
Agreement shall not be valid or binding.This Agreement may only be amended by
written instrument signed by both the County and Owner.
10. Records Availability and Retention. Developer shall submit any information, documents,
or certifications requested by OHCD as deemed reasonably necessary to substantiate the
Developer's continuing compliance with the provisions this Agreement. Developer will
retain all records pertaining to the compliance of this Agreement for ten(10) years after
full release from this Agreement.
11. Severability. If any term, provision,or covenant of this Agreement is held by a court of
competent jurisdictions to be invalid,void or otherwise unenforceable,the remaining
terms,provisions,and covenants of this Agreement shall remain in full force and effect
and shall in no way be affected, impaired, or invalidated.
12. Fair Housing. Notwithstanding anything else herein, the Developer agrees to comply
fully with the requirements of the Fair Housing Act as it may from time to time be
amended.
13. Governing Law. The Agreement shall be governed and construed in accordance with the
laws of the State and County of Hawaii. No action or proceeding involving this
Agreement shall be commenced by either party except in the Circuit or District Courts of
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the Third Circuit, County of Hawai`i, State of Hawaii; nor shall any action commenced
in such court be removed or transferred to any other state or federal court.
14. Notices and Demands.
All notices to be given pursuant to this Agreement shall be in writing and shall be
deemed given when mailed by certified or registered mail,return receipt requested,to the
parties hereto at the addresses set forth below,or to such other place as a party may from
time to time designate in writing.
To the County:
Housing Administrator
Office of Housing and Community Development
1990 Kino'ole Street, Suite 102
Hilo, Hawai`i 96720
To the Developer:
MAILANI DEVELOPMENT LLC.
P.O. Box 6211
Hilo, Hawai`i 96720-8924
ATTN: Charles Daniel Umemoto
The OHCD and the Developer may,by notice given hereunder, designate any further or
different address to which subsequent notices,certificates or other communications shall
be sent.
15. Ethical Considerations.
It is mutually agreed that as a condition of this Agreement,neither the Developer nor any
subcontract consultant shall employ in his performance any person, either on a part-time
or on a full-time basis,for the performance of any of the work required or contemplated
by this Agreement who is an employee of the County of Hawaii during the period of this
Agreement without an advisory opinion from the County of Hawai`i Board of Ethics
confirming there is no conflict of interest with such employment.
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16. No Party the Drafter. The parties agree that no party shall be deemed to be the drafter of •
this Agreement,and further that in the event this Agreement is ever construed by a court
of law, such court shall not construe this Agreement or any provisions of this Agreement
against any party as the drafter of this Agreement.
17. Title of Articles and Sections. In this Agreement,the headings are inserted for
convenience,reference,and identification purposes only, and shall neither control,
define, limit,alter,nor affect the matters contained in this Agreement or the paragraphs
which they head.
18. Counterparts. This instrument may be executed in two or more counterparts,and when all
counterparts have been executed,each counterpart shall be considered an original but
when assembled shall constitute one and the same instrument and shall have the same
force and effect as though all of the signatories had executed a single signature page.
Any unexecuted duplicate pages may be omitted from the assembled original document.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
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IN WITNESS WHEREOF,the parties have executed these presents on the date and year first
above written.
RECOMMEND APPROVAL: COUNTY":
COUNTY OF HAWAII
By:
Susan K. Kunz LEE E. L ?
Housing Administr Its: Managing Director
Office of Housing and
Community Development Dated: 1 / ( I 31'
Dated: 92A
APPROVED AS TO FORM DEVELOPER":
AND LEGALITY: Mailani Development LLC
A Hawai'i Limited Liability company
1. (1(/' By:
Syl a an
Deputy Corporation Counsel Print: cak..
Office of the Corporation Counsel
County of Hawai`i Its: -A. er2....
Dated: al Dated: to, av1.3
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STATE OF HAWAI`I
SS.
COUNTY OF HAWAII
On this 21 st day of September, 2023,before me personally appeared LEE E. LORD, to
me personally known,who,being by me duly sworn, did say that he is the Managing Director of
the County of Hawai`i, a municipal corporation of the State of Hawaii,that the foregoing
instrument was signed on behalf of the County of Hawai`i by authority given to said Mayor of
the County of Hawai`i by Sections 5-1.3 and 13-13 of the County Charter, County of Hawai`i
2018), as amended, and assigned by the Mayor to the Managing Director pursuant to Section 6-
1.3(h) of the County Charter; and said LEE E. LORD acknowledged said instrument to be the
free act and deed of said County of Hawai`i.
anflk-e*
0`
11111w% Signature
AMBER K.S.KEPOO
i"4-.a Print or Type Name
tP.
e u .
Notary Public, State of Hawai`i
ko
My Commission Expires: 04/01/26
NOTARY CERTIFICATION
Doc. Date: undated No. of Pages: 16
Notary Name: AMBER K.S.KEPOO Third Circuit
Affordable Housing
Doc.Description: Agreement Comm. Exp. 04/01/26
0\t1111 i11//l1
o
gg
45 • Y'd
1;•S 09/21/23 i //1111i10s`:Notary Signature Date
STATE OF HAWAI'I
ss.
COUNTY OF HAWAI'I
On this o9sU day of Skit,.,2023, before me personally appeared amtv(e5 umen^°{o
mh!/r of Vki I akti l ° n,e ti..UC ialo eornpa"yNUNaHawaiil,Hi1ed to me personally known, who, being by
me duly sworn or affirmed,did say that such person(s)executed the foregoing instrument as the
free act and deed of such person(s), and if applicable in the capacity shown,having been duly
authorized to execute such instrument in such capacity.
2'f NO-ftRY n
5-PUBNo _ * ; Name: rac . Yam uchi
No. 87-10 .
Notary Public, State of Hawai`i
My commission expires:P`(-2.024
NOTARY CERTIFICATION
Doc. Date: u.hd.a.44 No. of Pages: l5
Notary Name: Tracy M. Yamaguchi Comm. Exp. 11-14-2024
Doc. Description: AFFORDABLE Circuit: Third
HOUSING AGREEMENT
TAX MAP KEY NO.: (3)2-4-080:013 G , .rp•4.G
itipY
SEP202023
Notary gna a Date No. 87-10
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fl!/
STATE OF HAWAII
EXHIBIT A:Fee Simple Title 1 `l* BUREAU RECORDEDCONVEYANCESsss,
March 04,2010 10:45 AM
x, Doc No(s)A-70020785
11111111111111 lW LESUE T.KOSATA
REGISTRAR
1 1/1 KEG Conveyance Tax: $490.00
9-33294563
i
LAND COURT SYSTEM REGULARRJYSTEM
Return by Mail® Pickup 0 To:
Nakamoto Okamoto Yamamoto(11Y)
187 Kapiolani Street
Hilo HI 96720
TITLE OF DOCUMENT:
DEED
I
PARTIES TO DOCUMENT:
Grantor;CHARLES DANIEL UMEMOTO, single, and AUDREY YUMIKO TERADA,
single,both of whose address is P.O. Box 6211,Hilo, Hawaii 96720;
Grantee:MAILANI DEVELOPMENT LLC, a Hawaii limited liability company, whose
address is P.O.Box 6211,Hilo,Hawaii 96720
Affects TMK(3)2-4-080-013 This document
contains 10 pages
l
Ch,nuWncnwro\201921J1Dm1
DEED
KNOW ALL MEN BY THESE PRESENTS:
That CHARLES DANIEL UMEMOTO,single,and AUDREY YUMIKO TERADA,
single,both of whose address is P.O.Box 6211,Hilo,Hawaii 96720,hereinafter called the
Grantors, for and in consideration of the sum of ONE AND NO/NO DOLLAR($1.00)and other
valuable consideration,to them in hand paid by MAILANI DEVELOPMENT LLC,a Hawaii
limited liability company,whose address is P.O.Box 6211,Hilo,Hawaii 96720,hereinafter
called the Grantee,the receipt whereof is hereby acknowledged,has sold and by these presents
does hereby bargain,sell,assign,convey and transfer unto the said Grantee,as tenant in
severalty,all of his right,title and interest in the property described in Exhibit A attached hereto
and by reference made a part hereof.
TOGETHER,with all and singular the improvements,tenements, rights,easements,
privileges,hereditaments and appurtenances thereunto belonging,or in anywise appertaining,
and the reversion and reversions, remainder and remainders,rents,issues and profits thereof.
TO HAVE AND TO HOLD the same unto the said Grantee,its successors and assigns,
forever.
And the said Grantors do hereby covenant to and with the said Grantee,its successors
and assigns,that they are seized in fee of the said granted premises; that they have good right and
lawful authority to sell and convey the same,that the same is free and clear of encumbrance of
every kind and character,save and except as noted on said Exhibit A;and that they will and their
heirs and assigns shall WARRANT and DEFEND the title thereto against the lawful claims of all
persons whomsoever.
2
CuenisW mem30120I9213WOCd
IN WITNESS WHEREOF,the said Grantors have hereunto set their hands on this 14th
day of February,2019.
CH DANIEL UMEMOTO
Grantor
A REY YUMIKO TERADA
Grantor
3
CltemsUl memoto20192I Mod
STATE OF HAWAII
SS:
COUNTY OF HAWAII )
On this 14'h day of February,2019,before me personally appeared CHARLES DANIEL
UMEMOTO,
to me personally known,
OR
whose identity I proved on the basis of
OR
whose identity I proved on the oath/affirmation of a
credible witness,
who,being by me duly sworn or affirmed,did say that such person executed the
foregoing instrument as the free act and deed of such person and if applicable in the capacity
sh• . n,having been 1 authorized to execute such instrument in such capacity.
Date f nt:
Or —Undated at um or notarization
J red I Y amoto ripti n of Document:
Deed from CHARLES DANIEL
Notary Public,State of Hawaii UMEMOTO and AUDREY YUMIKO
My commission expires:7/4/2019 TERADA to MAILANI DEVELOPMENT
LLC; affectin TMK 3 2-4-080-013
Seal) Third Judicial Circuit No.of Pages: 10
L , c -
4
cticnu'Umemoto 2Ot92 tuc eed
STATE OF HAWAII
SS:
COUNTY OF HAWAII )
On this 14th day of February,2019.before me personally appeared AUDREY YUMIKO
TERADA,
to me personally known,
OR
whose identity I proved on the basis of
OR
whose identity I proved on the oath/affirmation of. a
credible witness,
who,being by me duly sworn or affirmed,did say that such person executed the
foregoing instrument as the free act and deed of such person and if applicable in the capacity
sho having been duly authorized to execut such instrument in such capacity.
D79y1rnent.ff
Undntcd at Umc of notarinuw
Je .1 amoto Dri iof Document:
Deed from CHARLES DANIEL
Notary Public,State of Hawaii UMEMOTO and AUDREY YUMIKO
My commission expires: 7/4/2019 TERADA to MAILANI DEVELOPMENT
LLC;affecting TMK(3) 2-4-080-013
Seal) Third Judicial Circuit No. of Pages: 10
5
Cla:eu'Umemoto120192I)\Deed
XXHIBIT A
All of that certain parcel of land (being portion of the land
described in and covered by Land patent Grant Number 11,636 to
Yoshitska Kudo and Shisuko Kudo, husband and wife, as Tenants by the
Entirety) situate, lying and being at Waiakea, District of South
Rilo, Island and County of Hawaii, State of Hawaii, described as
follows:
Beginning at the northwest corner of this parcel of land, being the
north corner of Lot 4 and being also the southeast corner of Lot 66,
Ahuaiani Subdivision", Unit I, Pile Plan 1453, the coordinates of
said point of beginning referred to Government Survey Triangulation
Station "HALM" being 14,145.37 feet south and 257.61 feet east,
thence running by azimuths measured clockwise from true Souths
1. 265° 40'303.70 feet along Lot 23, Mailani Street
and Lot 22 of "Ahueleni
Subdivision", Unit I, File Plan
1453;
2. 355° 40'911.90 feet along Lots 75, 64, 63, 56,
55, 48, 47 and 40 of "Hoomalu
Street Subdivision";
3. 85' 40' 400.55 feet along Lot 1 and Lot 2;
4. Thence along Lot 4, on a curve to the right with a radius of
30.00 feet, the chord azimuth and distance being:
130° 40' 42.43 feet;
5. 175' 40'408.86 feet along Lot 4;
6. 265° 40'126.85 feet along Lot 4;
7. 175' 40'473.04 feet along Lot 4 to the point of
beginning and containing an area
of 7.631 acres, more or less.
TOGETHER WITH the following described easements:
A) EASEMENT "D" (for roadway purposes) , being portion of Lot 1,
being also a portion of Grant 11,636 to Yoshiteka and Shisuko Kudo.
of Waiakea Homesteads, Second Series, situate at Melaka*, South
Hilo, Island of Hawaii, Hawaii.
Beginning at the northeast corner of this easement parcel and being
the southwest corner of Lot 3, the coordinates of said point of
beginning referred to Government Survey Triangulation Station
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SALAZ" being 15,031.71 feet south and 629.4i feet east, thence
running by azimuths measured clockwise from true South:
1. 355' 40' 50.00 feet along Lot 40, Me Street and
Lot 39 of "Hoomalu Street
Subdivision":
2. 85' 40' 303.70 feet along the remainder of Lot 1;
3. 355' 40' 50.00 feet along Lot 2;
4, 265' 40' 303.70 feet along Lot 3 to the point of
beginning and containing an area
of 0.349 acre, more or less.
8) EASEHBNT "2" (for roadway purposes), being portion of Lot 2.
being also a portion of Grant 11,636 to Yoshitaka and Shizuko Xudo,
of Xaiakea Homesteads, Second Series, situate at weiakea, South
Hilo, Island of Hawaii. Hawaii.
Beginning at the southeast corner of this easement parcel, being the
south corner of Lot 1 and on the north side of Haihai Street, the
coordinates of said point of beginning referred to Government Survey
Triangulation Station "HALM" being 15,987.42 feet south and 300.13
feet east, thence running by azimuths measured clockwise from true
South:
1. 85' 40' 110.00 feet along Kaihai Street:
2. Thence along the remainder of Lot 2, on a curve to the left
with a radius of 30.00 feet, the chord azimuth and distance being:
220' 40' 42.43 feet;
9. 175' 40' 818.10 feet along the remainder of Lot 2;
4. Thence along the remainder of Lot 2 on a curve to the Left with
a radius of 30.00 feet, :he chord azimuth and distance being:
130' 40' 42.43 feet;
5. 85' 40' 220.71 feet along the remainder of Lot 2;
6. 355' 40' 50.00 feet along Ahe Street;
7. 265' 40' 427.65 feet along Lot 4 and Lot 3;
8. 175' 40' 50.00 feet along Lot 1;
9. 85' 40' 96.85 teat along the remainder of Lot 2:
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10. Thence along the remainder of Lot 2, on a curve to the loft
with a radius of 30.00 feet, the chord azimuth and distance being:
40' 40' 42.43 feet;
11. 35S' 40' 818.10 fest along the remainder of Lot 2
and Lot 1;
12. Thence along Lot 1, on a curve to the left with a radius of
30.00 feet, the chord azimuth and distance being:
310' 40' 42.43 feet to the point of beginning and
containing an area of 1.516 acres,
more or less.
C) EASEMENT "G" (for roadway purposes), being portion of Lot 4,
being also a portion of Grant 11,636 to Yoshiteka and Shizuko Kudo,
of Naiakea Homesteads, Second Series, situate at Waiakes, South
Kilo, Island of Hawaii, Hawaii.
Beginning at the north corner of this easement parcel, being the
southwest corner of Lot 66, "Ahualani Subdivision", Unit I, File
Plan 1453 and being also the southeast corner of Kikaha Street, the
coordinates of said point of beginning referred to Government Survey
Triangulation Station "(ALAI" being 14,154.95 feet south and 131.18
feet Beat, thence running by azimuths measured clockwise from true
South:
1. 355' 40' 881.90 feet along the remainder cf Lot 4
and Lot 3;
2. Thence along Lot 3, on a curve to the left with a radius of
30.00 feet, the chord azimuth and distance being:
310' 40' 42.43 feet:
3. 85' 40' 110.00 feet along Lot 21
4. Thence along the remainder of Lot 4, on a curve to the left
with a radius of 30.00 feet, the chord azimuth end distance being:
220' 40' 42.43 feet;
5. 175' 40' 861.90 feet along the remainder of Lot I;
6. 265' 40' 50.00 feet along Kikaha Street to the
point of beginning end containing
an area of 1.053 acres, more or
less.
SUBJECT. HOWEVER, to the following:
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ChcautUmcmao1201921 Mad
1. EASEMENT "B" (3.00 feet wide for waterline purposes) as
described in WARRANTY DEED of SHIZUKO KUDO, unmarried, dated
December 23, 1986, recorded in Libor 20380 at Page 160, said
easementea=sc
described as follows:
EASEMENT "B"
3.00 feet wide for waterline purposes)
Being a portion of Lot 3,
Being also a portion of Grant 11,636
to Yoshitaka and Shiauko Kudo
Waiakes Homesteads, Second Series
asiakea, South Hilo, Island of Hawaii, Hawaii
Beginning at the northeast corner of this easement parcel, being the
southwest corner of Lot 22, "Ahualani Subdivision", Unit I, File
Plan 1453 and being also the southeast corner of Mailani Street, the
coordinates of said point of beginning referred to Government Survey
Triangulation Station "AALAI" being 14,132.01 feet south and 434.01
feet east, thence running by azimuths measured clockwise from true
South:
1. 35S' 40' 3.00 feet along the remainder of Lot 3s
2. 85' 40'13.00 feet along the remainder of Lot 3;
3. 175' 40' 3.00 feet along the remainder of Lot 3:
4. 265' 40' 13.00 feet along Mailani Street to the
point of beginning and containing
an area of 34 square feet, more or
less.
3. EASEMENT "P" (for roadway purposes) as described in WARRANTY
DEED of SSIEUKO KUDO, unmarried, dated December 23, 1986, recorded
in Libor 20380 at Page 160, said easement described as follows:
EASEMENT *P"
for roadway purposes)
Being a portion of Lot 3,
Being also a portion of Grant 11,636
to Yeah/take and Shisuko Kudo
Walakaa Homesteads, Second Series
Waiakea, South Silo, Island of Hawaii, Hawaii
Beginning at the north corner of this easement parcel, being the
southwest corner of Lot 22, "Ahualani Subdivision", Unit I, Tile
Plan 1453 and being also the southeast corner of Mailani Street, the
coordinates of said point of beginning referred to Government Survey
Triangulation Station 611Ar.ai" being 14,132.01 feet south and 434.01
9
Chent4UlnenatoU20192I3 Deed
feet east, thence running by azimuths measured clockwise from true
South:
1. 355' 40' 881.90 feet along the remainder of Let 3;
2. Thence along the remainder of Lot 3, on a curve to the left with
a radius of 30.00 feet, the chord azimuth and distance being:
310' 40' 42.43 feet;
3. 85' 40'110.00 feet along Lot is
4. Thence along the remainder of Lot 3, on a curve to the left with
a radius of 30.00 test, the chord azimuth and distance being:
220' 40' 42.43 feet;
5. 175' 40' 881.90 feet along the remainder of Lot 3,
6. 265' 40' 50.00 feet along N4ailani Street to the
point of beginning and containing
an area of 1.055 :oozes, more or
less.
BEING THE PREMISES ACQUIRED BY QUITCLAIM DEED TO TRUST
GRANTOR : FREDERICK T. XVDO and JANICE W. J. KUDO, husband
and wife
GRANTEE FREDERICK T. KUDO and JANICE W. J. KUDO, as
Trustees of The Frederick T. Kudo and Janice W. J.
Kudo Family Revocable Living Trust dated February
22, 2017
DATED February 22, 20L7
RECORDED Document No. A-62760885
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