Bernard P. Carvaiho, Mayor Jr. Kamuela Cobb-Adams Housing Director Nadine K. Nakamura Managing Director December 2, 2014 KAUA I COUNTY HOUSING AGENCY County of Kaua i, State of Hawai i Pi ikoi Building 4444 Rice Street Suite 330 Lihu e Hawai i 96766 TEL (808) 241-4444 FAX (808) 241-5118 - 4 Q -5 P2:33 Honorable Mel Rapozo, Chairperson and Members of the County Council 4396 Rice Street, Suite 209 Lihu e, Hawai i 96766 Attention: JoAnn A. Yukimura, Housing and Transportation Committee Chair From: Via: Subject: Kamuela Cobb-Adams, Housing Director Nadine Nakamura, Managing Director Request to Approve a Dedication Deed from Alexander & Baldwin, LLC, for the Conveyance of Real to the County of Kaua i for Workforce Housing: Tax Map Key No. 2-6-004:0 19, Po Kaua i, Hawaii Property (4 1ipU, Dear Chairperson Rapozo and Members: Transmitted, for your approval, is a Dedication Deed from Alexander & Baldwin, LLC ( A&B ), conveying real to housing. A&B s conveyance of 11.204 acre parcel alongside Po ipu Road fulfills the final housing condition for Kukui ula Development Company (Hawai i), LLC, (CfKDCHI)) by County Ordinance No. PM-2004-370, as amended. required addition property the the County of Kaua i for the development of workforce situated In to the conveyance of real property, KDCH will dedicate at sole cost all offsite improvements includes electric power, sewer, and water (source, and transmission) sufficient to serve 150 dwelling units on the parcel, and will pay to have existing overhead power lines relocated, or off of the property. Per County s Agreement with KDCH, all of the improvements will be for completion no storage infrastructure the bonded part that later than September 2016. either underground infrastructure their As of this request, we ask Dedication Deed and record the Deed the Bureau of Conveyances. For reference, an aerial map of the subject property is provided with this that Council authorize at LZO15-2 the County Clerk to sign the transmittal. EQUAL HOUSLNG OPPORTUQITY An Equal Opportunity Employer
December 2, 2014 Kaua i County Council Page Two Recognizing the shortage of affordable housing on the island, as well as future housing needs on the south shore, the Housing Agency intends to initiate the development process starting in mid-2015. Thank you for your consideration of this request and for your ongoing support of the Housing Agency s affordable housing initiatives. Srncerely yours, ved Kamuela Cobb-Adams Housing Director Bernard P. Carvalho, Jr. Mayor Cz019-zS
Kukui ula Workforce Housing (11.204 Acres) TMK MAP Key No (4) 2-6-004 019 Aerial View tp
Kukui ula Workforce Housing (11.204 Acres) TMK MAP Key No. (4) 2-6-004:019 vj7b J - $ L
LAND COURT SYSTEM REGULAR SYSTEM After Recordation, Return by: Mail ( ) Pickup ( ) BELLES GRAHAM PROUDFOOT WILSON & CRUN, LLP (mwg) 4334 RICE STREET SUITE 202 LIRUE KAUAI HI 96766 (808) 246-6962 This document contains pages. TYPE OF DOCUMENT: PARTIES TO DOCUMENT: DEDICATION DEED GRANTOR: GRANTEE: ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company P. 0. Box 430 Koloa, Kauai, Hawaii 96756 COUNTY OF KAUAI, a political subdivision of the State of Hawaii do Kauai County Housing Agency Piikoi Building, Room 330 4444 Rice Street Lihue, Kauai, Hawaii 96766 TAX MAP KEY FOR PROPERTY: (4)2-6-004:019 {W:/DOCS/26370/1/W0135638.DOCX } ZDiS-2S 1
DEDICATION DEED THIS DEDICATION DEED is made by and between ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company, whose mailing address is P. 0. Box 430, Koloa, Kauai, Hawaii 96756, hereinafter called the Grantor, and the COUNTY OF KAUAI, a political subdivision of the State of Hawaii, do the Kauai County Housing Agency, whose mailing address is Piikoi Building, Room 330, 4444 Rice Street, Lihue, Kauai, Hawaii 96766, hereinafter called the Grantee. I. RECITALS 1. Kukui ula Development Company (Hawaii), LLC, a Hawaii limited liability company ( KDCH ), is the developer of the Kukui ula Project ( Project ) located in Kukui ula, Poipu, Koloa, Kauai, Hawaii. 2. KDCH received approval through the Kauai County Ordinance No. PM-2004-370, as amended by Ordinance No. PM-2010-400 and Ordinance No. PM-2014-405 (collectively, the Project ZA ), for certain zoning changes to the Project, as more particularly described therein. 3. The Grantor is the owner of certain property located in Kukui ula, Poipu, Koloa, Kauai, Hawaii, identified by Kauai Tax Map Key No. (4) 2-6-004:019, as described in Exhibit A, attached hereto and incorporated herein ( Property ). 4. KDCH received approval through the Property ZA and Kauai County Ordinance No. PM-2005-374 (collectively, the Property ZA ) for certain zoning changes to the Property, as more particularly described therein. 5 Pursuant to a Housing Condition contained in Section 2, Subsection 19 of the Project ZA and in Section 1, Subsections 3, 4 and 8 of the Property ZA, KDCH was required to provide affordable, employee and/or Workforce Housing as a condition of approval, as more particularly described therein. 6. To implement the Housing Condition, KDCH, the Grantor, and the Grantee entered into a Restated Housing Agreement dated ( Restated Housing Agreement ). 7. In partial fulfillment of the requirements of the Housing Agreement, as set forth in Paragraph 2.1 of the Restated Housing Agreement, the Grantor agreed to transfer the Property to the Grantee, subject to the easements and encumbrances shown in Exhibit A. C. zis-2s {W:/DOCS/26370/1/W0135638.DOCX } -2-
8. The Grantee agrees that upon completion of the requirements set forth in the Restated Housing Agreement, KDCH, Grantor, and any other owners of the Project, or any part thereof: shall be deemed by the Grantee to have fulfilled the Housing Condition; shall no longer be subject to the Housing Condition; and shall have no further obligations for the Housing Condition under the Property ZA or the Project ZA. IL CONVEYANCE NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the Grantee the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, as tenant by the severalty, and Grantee s successors and assigns, the property described in Exhibit A. AND the reversions, remainders, rents, issues, and profits thereof, and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto. TO HAVE AND TO HOLD the same, together with the improvements thereon and all rights, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed therewith, unto the Grantee according to the tenancy herein set forth, forever. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seised in fee simple of the premises described herein and has good right to sell and convey the same; that Grantor has not heretofore, done, committed or willingly suffered to be done or committed, any act or thing whatsoever whereby the title and estate conveyed by this document or, any part hereof, are or shall be charged or encumbered, except as may be expressly set forth herein; and that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. This conveyance and the respective covenants of the Grantor and the Grantee shall be binding on and inure to the benefit of the Grantor and the Grantee, respectively. The terms Grantor and Grantee as and when used herein, or any pronouns used in place thereof, shall mean and include the singular or plural number, individuals, partnerships, trustees and corporations, and each of their respective heirs, personal representatives, successors and assigns. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed herein. This Dedication Deed may be executed in counterparts. Each counterpart shall be executed by one or more of the parties hereinbefore named and the several counterparts shall constitute one instrument to the same effect as though the signatures of all the parties are upon the same document. {W:/DOCS/26370/1/W0135638.DOCX } C ioisz% -3-
TN WITNESS WHEREOF, the Grantor and the Grantee have caused these presents to be duly executed on this day of, 20 GRANTOR: ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company By NElSON H.S. CKU4 Its SENIOR VICE PRESIDENT A Its SOL).NAKAMURA $ECRETARY {W:/DOCS/26370/1/W0135638D0CX } czois-zs 4-
20 STATE OF HAWAII ) )SS. CITY AND COUNTY OF HONOLULU ) On this day of /V&Vti 14 b&v, 20/f, before me appeared P*LSON P4.1. CHUW, to me personally known, who, being by me duly sworn, did say that he is the 5 VCL PR1SDENJf ALEXANDER & BALDW[N, LLC, a Hawaii limited liability company, and that such person executed the foregoing DEDICATION DEED-e O_, which document consists oø /1 page(s), as the free act and deed of such person, and if applicable, in the capacities shown, having been duly authorized to execute such instrument in such capacities. State of Hawaii. 3. WAMOTO My commission expires: SEP 1 4 2018 STATE OF HAWAII )SS. CITY AND COUNTY OF HONOLULU ) ) On this day of 20/, before me appeared ALYSON i. NAKAMURA, to me personally known, who, being by me duly sworn, did say thatshe is the SECRETARY of ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company, and that such person executed the foregoing DEDICATION DEED-dated ttyc3 L, which document consists oft _jf page(s), as the free act and deed of such person, and if applicable, in the capacities shown, having been duly authorized to execute such instrument in such capacities. ame of otary: PAMELA 3. WAMoro Notary Public, First Judicial Circuit, State of Hawaii. My commission expires: SEP 1 4 2018 {W:/DOCS/26370/1/W0135638.DOCX } C ZOi, -23-5-
GRANTEE: BERNARD P. CARV Its Mayor By_ RICKY WATANABE Its County Clerk APPROVED: Housing Director, County of Kauai APPROVED AS TO FORM AND LEGALITY: {W:/DOCS/26370/1/W0135638.DOCX } L ZOi-23-6-
before which STATE OF HAWAII COUNTY OF KAUAI ) ) )SS. On this day of 20 before me appeared BERNARD P. CARVALHO, JR., to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF KAUAI, a political subdivision of the State of Hawaii, executed the foregoing Dedication Deed dated ü-itd.1i, 20 which document consists of I pages; that the seal affixed to the foregoing instrument is the seal of said COUNTY OF KAUAI by the authority of its Charter; and that said Mayor acknowledged said instrument to be the free act and deed of said COUNTY OF KAUAI. Name of Notary: J Notary Public, Fifth Judicial Circuit, State of Hawaii. My commission expires: 1 STATE OF HAWAII )SS. COUNTY OF KAUAI ) ) On this day of 20, me appeared RICKY WATANABE, to me personally known, who, being by me duly sworn, did say that he is the County Clerk of the COUNTY OF KAUAI, a political subdivision of the State of Hawaii, executed the foregoing Dedication Deed dated 20, document consists of pages; that the seal affixed to the foregoing instrument is the seal of said COUNTY OF KAUAI; that said instrument was signed and sealed on behalf of said COUNTY OF KAUAI by the authority of its Charter; and that said County Clerk acknowledged said instrument to be the free act and deed of said COUNTY OF KAUAI. Name of Notary: Notary Public, Fifth Judicial Circuit, State of Hawaii. My commission expires: {W:/DOCS/26370/1/W0135638.DOCX } -7-
EXHIBIT 1A T -FIRST: All of that certain parcel of land (being portion of the lands described in and covered by Royal Patent Number 6714, Land Commission Award Number 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; and Royal Patent Number 7513, Land Commission Award Number 3610 to Kaane; and being all of the land described in and covered by Apana 2 of Royal Patent Number 6740, Land Commission Award Number 3409 to Piliwale) situate, lying and being at Koloa, District of Kona, Island and County of Kauai, State of Hawaii, being LOT E and containing an area of 9.442 acres, more or less. -SECOND: All of that certain parcel of land (being portion of the land described in and covered by Royal Patent Number 6714, Land Commission Award Number 7714-B, Apana 2 to M. Kelcuaiwa no M. Kekuanaoa) situate, lying and being at Koloa, District of Kona, Island and County of Kauai, State of Hawaii, being ROAD PARCEL 18 and containing an area of L331 acres, more or less. All of that certain parcel of land (being portion of the land described in and covered by Royal Patent Number 6714, Land Commission Award Number 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa) situate, lying and being at Koloa, District of Kona, Island and County of Kauai, State of Hawaii, being ROAD PARCEL 2-A and containing an area of 0.431 acre, more or less. EASEMENT 1 (For Drainage Purposes) Being a portion of Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa Being also a portion Of Lot E Situated on the easterly side of Poipu Road At Koloa, Kauai, Hawaii {W:/DOCS/26370/1/W0135638.DOCX } -THIRD:- -8-
Beginning at the northwest corner of this parcel of land, being also the northwest corner of Lot E and on the easterly side of Poipu Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station PAA being 3,237.18 feet north and 8,245.76 feet west, thence running by azimuths measured clockwise from true South: 1. 265 00 235.03 feet along Lot D, along the remainder of Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; 2. 302 45 138.24 feet along the remainders of Lot E and Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; 3. 337 30 43.86 feet along Lot 168 of Land Court Application 956; 4. 122 45 15896 feet along the remainders of Lot E and Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; 5. 89 25 234.54 along same; Thence along the easterly side of Poipu Road, on a curve to the right with a radius of 875.00 feet, the azimuth and distance of the chord being: 6. 185 15 22 11.27 feet to the point of beginning and containing an area of 8,454 square feet, more or less. SUBJECT, HOWEVER, to the following: 1. Title to all mineral and metallic mines reserved to the State of Hawaii. 2. Location of the boundary of Waikomo Stream and the effect, if any, upon the area of the land described herein, and the free flowage thereof. {W:/DOCS/26370/1/W0135638DOCX } 2OIS-25-9--
3. GRANT TO: COUNTY OF KAUAI, a political subdivision of the State of Hawaii DATED: May 16, 1980 RECORDED: Liber 14898, Page 774 GRANTING: easement over, across, under and along a portion of the property of the Grantor for the installation, operation, maintenance, repair and removal of an underground drainage structure, together with the right of ingress and egress, etc. 4. RIGHT-OF-ENTRY TO: CITIZENS UTILITIES COMPANY, a Delaware corporation DATED: July 7, 1983 RECORDED: Liber 17224, Page 163 GRANTING: right of entry and temporary easement for construction and maintenance of power lines over Tax Key (4) 2-6-004:019, etc. Said above RIGHT-OF-ENTRY was assigned to KAUAI ISLAND UTILITY CO-OP, a Hawaii cooperative association, by ASSIGNMENT OF TRANSMISSION LINES AND ELECTRIC EASEMENTS dated November 1, 2002, recorded as Document No. 2002-194846. 5. RIGHT-OF-ENTRY TO: KAUAI ISLAND UTILITY COOPERATIVE, a cooperative association formed pursuant to the provisions of Chapter 421C of the Hawaii Revised Statutes DATED: July 25, 2005 RECORDED: Document No. 2005-206940 GRANTING: a right of entry for the purpose of building, constructing and installing pole and wire lines and/or underground lines and related appliances and equipment, etc. {W:/DOCS/26370/ 1/WOl 35638D0CX } -10-
DATED: DATED: 6. GRANT OF EASEMENT (EASEMENT AU i) TO: MCBRYDE SUGAR COMPANY, LLC, a Hawaii limited liability company RECORDED: Document No. GRANTING: an easement over, across, under and along a portion of the property of the Grantor for access and utility purposes 7. GRANT OF EASEMENT TO: KAUAI ISLAND UTILITY COOPERATIVE, a cooperative association formed pursuant to the provisions of Chapter 421C of the Hawaii Revised Statutes RECORDED: Document No. GRANTING: an easement for the purpose of building, construction and installing underground lines and related appliances and equipment, etc. 8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. 9. Claims arising out of customary and 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. END OF EXHIBIT IA {W:/DOCS/26370/1/W0135638D0CX } zoic-z5 -ii
LAND COURT SYSTEM REGULAR SYSTEM After Recordation, Return by: Mail ( ) Pickup ( ) BELLES GRAHAM PROUDFOOT WILSON & CHUN, LLP (mwg) 4334 RICE STREET SUITE 202 LIHUE KAUAI HI 96766 (808) 246-6962 This document contains pages. TYPE OF DOCUMENT: PARTIES TO DOCUMENT: DEDICATION DEED GRANTOR: GRANTEE: ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company P. 0. Box 430 Koloa, Kauai, Hawaii 96756 COUNTY OF KAUAI, a political subdivision of the State of Hawaii do Kauai County Housing Agency Piikoi Building, Room 330 4444 Rice Street Lihue, Kauai, Hawaii 96766 TAX MAP KEY FOR PROPERTY: (4) 26-004:0l9 {W:/DOCS/26370/1/W0135638.DOCX } zis 2S -1
DEDICATION DEED THIS DEDICATION DEED is made by and between ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company, whose mailing address is P. 0. Box 430, Koloa, Kauai, Hawaii 96756, hereinafter called the Grantor, and the COUNTY OF KAUAI, a political subdivision of the State of Hawaii, do the Kauai County Housing Agency, whose mailing address is Piikoi Building, Room 330, 4444 Rice Street, Lihue, Kauai, Hawaii 96766, hereinafter called the Grantee. I. RECITALS 1. Kukui ula Development Company (Hawaii), LLC, a Hawaii limited liability company ( KDCH ), is the developer of the Kukui ula Project ( Project ) located in Kukui ula, Poipu, Koloa, Kauai, Hawaii. 2. KDCH received approval through the Kauai County Ordinance No. PM-2004-370, as amended by Ordinance No. PM-2010-400 and Ordinance No. PM-2014-405 (collectively, the Project ZA ), for certain zoning changes to the Project, as more particularly described therein. 3. The Grantor is the owner of certain property located in Kukui ula, Poipu, Koloa, Kauai, Hawaii, identified by Kauai Tax Map Key No. (4) 2-6-004:019, as described in Exhibit A, attached hereto and incorporated herein ( Property ). 4. KDCH received approval through the Property ZA and Kauai County Ordinance No. PM-2005-374 (collectively, the Property ZA ) for certain zoning changes to the Property, as more particularly described therein. 5. Pursuant to a Housing Condition contained in Section 2, Subsection 19 of the Project ZA and in Section 1, Subsections 3, 4 and 8 of the Property ZA, KDCH was required to provide affordable, employee and/or Workforce Housing as a condition of approval, as more particularly described therein. 6. To implement the Housing Condition, KDCH, the Grantor, and the Grantee entered into a Restated Housing Agreement dated ( Restated Housing Agreement ). 7. In partial fulfillment of the requirements of the Housing Agreement, as set forth in Paragraph 2.1 of the Restated Housing Agreement, the Grantor agreed to transfer the Property to the Grantee, subject to the easements and encumbrances shown in Exhibit A. {W:/DOC5/26370/1/W0135638.DOCX } CZDIs-25-2-
8. The Grantee agrees that upon completion of the requirements set forth in the Restated Housing Agreement, KDCH, Grantor, and any other owners of the Project, or any part thereof: shall be deemed by the Grantee to have fulfilled the Housing Condition; shall no longer be subject to the Housing Condition; and shall have no further obligations for the Housing Condition under the Property ZA or the Project ZA. II. CONVEYANCE NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to the Grantor paid by the Grantee the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey unto the Grantee, as tenant by the severalty, and Grantee s successors and assigns, the property described in Exhibit A. AND the reversions, remainders, rents, issues, and profits thereof, and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto. TO HAVE AND TO HOLD the same, together with the improvements thereon and all rights, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed therewith, unto the Grantee according to the tenancy herein set forth, forever. The Grantor hereby covenants with the Grantee that the Grantor is lawfully seised in fee simple of the premises described herein and has good right to sell and convey the same; that Grantor has not heretofore, done, committed or willingly suffered to be done or committed, any act or thing whatsoever whereby the title and estate conveyed by this document or, any part hereof, are or shall be charged or encumbered, except as may be expressly set forth herein; and that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. This conveyance and the respective covenants of the Grantor and the Grantee shall be binding on and inure to the benefit of the Grantor and the Grantee, respectively. The terms Grantor and Grantee as and when used herein, or any pronouns used in place thereof shall mean and include the singular or plural number, individuals, partnerships, trustees and corporations, and each of their respective heirs, personal representatives, successors and assigns. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed herein. This Dedication Deed may be executed in counterparts. Each counterpart shall be executed by one or more of the parties hereinbefore named and the several counterparts shall constitute one instrument to the same effect as though the signatures of all the parties are upon the same document. {W:/DOC5/26370/1/W0135638.DOCX } LZDIS-25-3-
IN WITNESS WHEREOF, the Grantor and the Grantee have caused these presents to be duly executed on this day of, 20 GRANTOR: ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company By N9 NSON N.S. CHUW Its SN!OR ViCE PRESIDENT By AL N?NAKAMURA Its SECRETA.. {W:/DOCS/26370/1/W0135638.DOCX } C Z-23-4-
STATE OF HAWAII ) )SS. CITY AND COUNTY OF HONOLULU ) On this / day of A/Di 4j&e, 2O/, before me appeared NELSON N.S. CH$JN, to me personally known, who, being by me duly sworn, did say that he is the SENIOR VICE PRESIDEf ALEXANDER & BALDWIN, LLC, a Hawaii limited liability company, and that such person executed the foregoing DEDICATION DEED dted ti-?? --O, which document consists otf 7/ page(s), as the free act and deed of such person, and if applicable, in the capacities shown, having been duly authorized to execute such instrument in such capacities. Ia me of dtary: P EtA.J. WAMOTO Notary Public, First Judicial Circuit, State of Hawaii. My commission expires: SEP 1. 4 2018 STATE OF HAWAII ) )SS. CITY AND COUNTY OF HONOLULU ) On this /9½ day of 20/, before me appeared ALYSON J. NAKAMURA, to me personally known, who, being. by me duly sworn, did say thathe is the 5ECRTAY of ALEXANDER & BALDWI/ LLC, a Hawaii limited liability company, and that such person executed the foregoing DEDICATION DEED rtede --20 -_, which document consists of r / / page(s), as the free act and deed of such person, and if applicable, in the capacities shown, having been duly authorized to execute such instrument in such capacities. J. iwamoto Notary Public, First Judicial Circuit, State of Hawaii. My commission expires: SEP 1 4 2018 {W:/DOCS/26370/1/W0135638.DOCX } C 201c 25-5-
GRANTEE: Its Mayor JR. By RICKY WATANABE Its County Clerk APPROVED: Housing Director, County of Kauai APPROVED AS TO FORM AND LEGITY:, Count(Attomey, iiounty of Kauai {W:IDOCS/26370/ 1/WOl 35638.DOCX } 2xD -25-6-
STATE OF HAWAII ) )SS. COUNTY OF KAUAI ) On this day of 20 4, before me appeared BERNARD P. CARVALHO, JR., to me personally known, who, being by me duly sworn, did say that he is the Mayor of the COUNTY OF KAUAI, a political subdv*n of the State of Hawaii, executed the foregoing Dedication Deed dated, 20 which document consists of I pages; that the seal affixed to the foregoing instrument is the seal of said COUNTY OF KAUAI by the authority of its Charter; and that said Mayor acknowledged said instrument to be the free act and deed of said COUNTY OF KAUAI. ci C ThNL&o Name of Notary: Notary Public, Fifth Judicial Circuit, State of Hawaii. My commission exptres: ( / STATE OF HAWAII )SS. COUNTY OF KAUAI ) ) On this day of 20, before me appeared RICKY WATANABE, to me personally known, who, being by me duly sworn, did say that he is the County Clerk of the COUNTY OF KAUAI, a political subdivision of the State of Hawaii, executed the foregoing Dedication Deed dated 20, which document consists of pages; that the seal affixed to the foregoing instrument is the seal of said COUNTY OF KAUAI; that said instrument was signed and sealed on behalf of said COUNTY OF KAUAI by the authority of its Charter; and that said County Clerk acknowledged said instrument to be the free act and deed of said COUNTY OF KAUAI. Name of Notary: Notary Public, Fifth Judicial Circuit, State of Hawaii. My commission expires: {W:IDOC5/26370/1/W0135638.DOCX } 2f-2S
EXHIBIT A -FIRST:- All of that certain parcel of land (being portion of the lands described in and covered by Royal Patent Number 6714, Land Commission Award Number 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; and Royal Patent Number 7513, Land Commission Award Number 3610 to Kaane; and being all of the land described in and covered by Apana 2 of Royal Patent Number 6740, Land Commission Award Number 3409 to Piliwale) situate, lying and being at Koloa, District of Kona, Island and County of Kauai, State of Hawaii, being LOT E and containing an area of 9.442 acres, more or less. -SECOND: - All of that certain parcel of land (being portion of the land described in and covered by Royal Patent Number 6714, Land Commission Award Number 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa) situate, lying and being at Koloa, District of Kona, Island and County of Kauai, State of Hawaii, being ROAD PARCEL 18 and containing an area of 1.33 1 acres, more or less. -THIRD: All of that certain parcel of land (being portion of the land described in and covered by Royal Patent Number 6714, Land Commission Award Number 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa) situate, lying and being at Koloa, District of Kona, Island and County of Kauai, State of Hawaii, being ROAD PARCEL 2-A and containing an area of 0.431 acre, more or less. EASEMENT 1 (For Drainage Purposes) Being a portion of Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa Being also a portion of Lot E Situated on the easterly side of Poipu Road At Koloa, Kauai, Hawaii {W:/DOCS/26370/1/W0135638.DOCX } c Oi -2-8-
Beginning at the northwest corner of this parcel of land, being also the northwest corner of Lot E and on the easterly side of Poipu Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station PAA being 3,237.18 feet north and 8,245.76 feet west, thence running by azimuths measured clockwise from true South: 1. 265 00 235.03 feet along Lot D, along the remainder of Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; 2. 302 45 138.24 feet along the remainders of Lot E and Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; 3. 337 30 43.86 feet along Lot 168 of Land Court Application 956; 4. 122 45 158.96 feet along the remainders of Lot E and Royal Patent 6714, Land Commission Award 7714-B, Apana 2 to M. Kekuaiwa no M. Kekuanaoa; 5. 89 25 234.54 along same; Thence along the easterly side of Poipu Road, on a curve to the right with a radius of 875.00 feet, the azimuth and distance of the chord being: 6. 185 15 22 11.27 feet to the point of beginning and containing an area of 8,454 square feet, more or less. SUBJECT, HOWEVER, to the following: 1. Title to all mineral and metallic mines reserved to the State of Hawaii. 2. Location of the boundary of Waikomo Stream and the effect, if any, upon the area of the land described herein, and the free flowage thereof. {W:/DOCS/26370/ 1/WOl 35638.DOCX } C zois-25-9-
3. GRANT TO: COUNTY OF KAUAI, a political subdivision of the State of Hawaii DATED: May 16, 1980 RECORDED: Liber 14898, Page 774 GRANTING: 4. RIGHT-OF-ENTRY easement over, across, under and along a portion of the property of the Grantor for the installation, operation, maintenance, repair and removal of an underground drainage structure, together with the right of ingress and egress, etc. TO: CITIZENS UTILITIES COMPANY, a Delaware corporation DATED: July 7, 1983 RECORDED: Liber 17224, Page 163 GRANTING: right of entry and temporary easement for construction and maintenance of power lines over Tax Key (4) 2-6-004:019, etc. Said above RIGHT-OF-ENTRY was assigned to KAUAI ISLAND UTILITY CO-OP, a Hawaii cooperative association, by ASSIGNMENT OF TRANSMISSION LINES AND ELECTRIC EASEMENTS dated November 1, 2002, recorded as Document No. 2002-194846. 5. RIGHT-OF-ENTRY TO: KAUAI ISLAND UTILITY COOPERATIVE, a cooperative association formed pursuant to the provisions of Chapter 421C of the Hawaii Revised Statutes DATED: July 25, 2005 RECORDED: Document No. 2005-206940 GRANTING: a right of entry for the purpose of building, constructing and installing pole and wire lines and/or underground lines and related appliances and equipment, etc. {W:/DOCS/26370/1/W0135638.DOCX } C ZOi -ZS -10-
DATED: DATED: 6. GRANT OF EASEMENT (EASEMENT AU-i) TO: MCBRYDE SUGAR COMPANY, LLC, a Hawaii limited liability company RECORDED: Document No. GRANTING: an easement over, across, under and along a portion of the property of the Grantor for access and utility purposes 7. GRANT OF EASEMENT TO: KAUAI ISLAND UTILITY COOPERATIVE, a cooperative association formed pursuant to the provisions of Chapter 421C of the Hawaii Revised Statutes RECORDED: Document No. GRANTING: an easement for the purpose of building, construction and installing underground lines and related appliances and equipment, etc. 8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other matters which a correct survey or archaeological study would disclose. 9. Claims arising out of customary and 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. END OF EXHIBIT AT {W:JDOCS/26370/1fWtJ135638.DOCX } -11