HAZARDOUS MATERIALS INDEMNITY AGREEMENT AND AMENDMENT
THIS HAZARDOUS MATERIALS INDEMNITY AGREEMENT (the "Agreement") is made as
of July 25, 1997, by X. XXXXXX HOMES, INC. (the "Indemnitor") for the
benefit of BANK OF HAWAII (the "Bank").
A. The Bank made available to Borrower a revolving infrastructure
construction facility (the "Infrastructure Facility") evidenced by a revolving
note dated August 31, 1995 in the amount of TEN MILLION AND NO/100 DOLLARS
($10,000,000.00) (the "Infrastructure Note") made pursuant to a Revolving Loan
Agreement (Infrastructure) dated August 31, 1995 (the "Infrastructure Loan
Agreement").
B. The Bank made available to Borrower a revolving building construction
facility (the "Building Facility") evidenced by a revolving note dated August
31, 1995 in the amount of TWENTY-FIVE MILLION AND NO/100 DOLLARS
($25,000,000.00) (the "Building Note") made pursuant to a Revolving Loan
Agreement (Building) dated August 31, 1995 (the "Building Loan Agreement").
C. Repayment of the Infrastructure Note and the Building Note were
secured by the following collateral documents (collectively, the "Collateral
Documents"):
1. First Mortgage, Security Agreement and Financing Statement made
by Borrower, as mortgagor, in favor of the Bank, as mortgagee, recorded in the
Bureau of Conveyances of the State of Hawaii as Document No. 95-115642, as
amended by that certain Amendment to First Mortgage, Security Agreement and
Financing Statement recorded in said Bureau as Document No. 96-130600 (the
"Mortgage") encumbering the real property attached thereto (the "Initial
Mortgaged Premises").
2. Financing Statement made by Borrower, as debtor, in favor of the
Bank, as secured party, recorded in said Bureau as Document No. 95-115643.
3. An unrecorded Assignment of Sales Contracts, Escrow Deposits and
Escrow Agreement made by Borrower in favor of Bank dated August 31, 1995.
4. An unrecorded Hazardous Materials Indemnity Agreement dated
August 31, 1995, made by Borrower in favor of Bank (the "First Hazardous
Indemnity Agreement") with respect to the Initial Mortgaged Premises.
D. Borrower requested, and Bank agreed, to modify and amend the terms of
the Infrastructure Note, the Building Note, the Infrastructure Loan Agreement,
the Building Loan Agreement and the Collateral Documents pursuant to (as
applicable) the following: (1) that certain unrecorded First Loan Modification
Agreement (Infrastructure Facility) dated September 5, 1996 and effective as of
September 9, 1996; (2) that certain unrecorded First Loan Modification Agreement
(Building Facility) dated September 5, 1996 and effective as of September 9,
1996; (3) that certain unrecorded
Second Loan Modification Agreement (Infrastructure Facility) dated May 21,
1997 and effective as of April 30, 1997; and (4) that certain unrecorded
Second Loan Modification Agreement (Building Facility) dated May 21, 1997 and
effective April 30, 1997 (collectively, the "Modifications"). Hereinafter,
all references to the Infrastructure Note, the Building Note, the
Infrastructure Loan Agreement, the Building Loan Agreement and the Collateral
Documents shall refer to the Infrastructure Note, the Building Note, the
Infrastructure Loan Agreement, the Building Loan Agreement and the Collateral
Documents as respectively amended by the Modifications.
E. The Modifications, among other things, established several tranches
under the Infrastructure Facility and the Building Facility.
F. Borrower has requested and the Bank has agreed to restructure the
Borrower's indebtedness to the Bank under the Infrastructure Facility and the
Building Facility (collectively, the "Original Indebtedness") into six (6)
facilities (the "Facilities") with no separate tranches.
G. Contemporaneously with the execution of this Agreement, the
Indemnitor, as maker, has executed and delivered to Bank, as payee, six (6)
Promissory Notes (collectively, the "Notes") in the following principal face
amounts: (i) FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00); (ii) NINE MILLION
AND NO/100 DOLLARS ($9,000,000.00); (iii) SIX MILLION AND NO/100
DOLLARS ($6,000,000.00); (iv) THREE MILLION TWO HUNDRED THOUSAND AND NO/100
DOLLARS ($3,200,000.00); (v) FOUR MILLION SIX HUNDRED TWENTY THOUSAND AND NO/100
DOLLARS ($4,620,000.00); and (vi) FOUR MILLION SIX HUNDRED TWENTY-THREE THOUSAND
FOUR HUNDRED EIGHT AND NO/100 DOLLARS ($4,623,408.00), in evidence of the
Facilities made or to be made by Bank to Indemnitor.
H. The Facilities are secured in part by the Mortgage, as further amended
by that certain Second Amendment to Mortgage (the "Second Amendment"). The
Second Amendment, among other things, secures repayment under the Notes by a
mortgage on the real property (the "Mortgaged Property") described in Exhibit A
attached hereto and made a part hereof. Hereinafter, the term "Mortgage" shall
refer to the Mortgage as amended by the Second Amendment.
I. Bank has required, as a condition of restructuring the Original
Indebtedness and making the Facilities available, that the Indemnitor indemnify
and hold Lender harmless against and from any liability or expenses which Bank
may incur, whether as beneficiary of the Mortgage, mortgagee in possession, by
foreclosure of the Mortgage or as subsequent owner of the Mortgaged Property, by
reason of the threat or presence of any hazardous substance at or near the
Mortgaged Property.
NOW, THEREFORE, in consideration of the premises, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the
Indemnitor, intending to be legally bound, hereby agrees as follows:
A. HAZARDOUS MATERIALS INDEMNITY AGREEMENT.
1. RECITALS. The foregoing recitals are incorporated into this
Agreement by this reference.
2. DEFINITIONS.
(a) "Hazardous Materials Laws" means and includes all federal,
state or local laws, ordinances or regulations, now or hereafter in effect,
relating to environmental conditions, industrial hygiene or Hazardous Materials
on, within, under or about the Mortgaged Property, including, without
limitation, the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, 42 U.S.C. Section 9601, ET SEQ., the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, ET SEQ., the Hazardous
Materials Transportation Act, 49 U.S.C. Section 1801, ET SEQ., the Clean Water
Act, 33 U.S.C. Section 1251, ET SEQ., the Clean Air Act, 42 U.S.C. Section 7401,
ET SEQ., the Toxic Substances Control Act, 15 U.S.C. Sections 2601 through 2629,
the Safe Drinking Water Act, 42 U.S.C. Sections 300f through 300j, and any
similar state or local laws or ordinances and the regulations now or hereafter
adopted, published and/or promulgated pursuant thereto.
(b) "Hazardous Materials" means and includes any and all
radioactive materials, asbestos, organic compounds known as polychlorinated
biphenyls, chemicals known to cause cancer or reproductive toxicity, pollutants,
contaminants, hazardous wastes, toxic substances, and any and all other
substances or materials defined as or included in the definition of "hazardous
substances," "hazardous wastes," "hazardous materials," or "toxic substances"
under, or for the purposes of, the Hazardous Materials Laws.
(c) "Hazardous Discharge" means any event involving the use,
deposit, disposal, spill, release or discharge of any Hazardous Material on,
within or under the Mortgaged Property.
3. REPRESENTATIONS AND WARRANTIES. Indemnitor represents and
warrants that:
(a) Indemnitor has no knowledge of any Hazardous Discharge at,
upon, under or within the Mortgaged Property or any contiguous real estate;
(b) Indemnitor has not caused or permitted to occur, and with
respect to the Mortgaged Property shall not permit to exist, any condition which
may cause a Hazardous Discharge at, upon, under or within the Mortgaged Property
or on any contiguous real estate;
(c) Neither Indemnitor, nor to the best knowledge of Indemnitor,
any other person has been, is or will be involved in operations at or near the
Mortgaged
Property which operations could lead to (i) the imposition of liability on
Indemnitor or on any subsequent or former owner of the Mortgaged Property under
the Hazardous Materials Laws or (ii) the creation of a lien on the Mortgaged
Property under the Hazardous Materials Laws; and
(d) Indemnitor has not permitted, and will not permit, any
tenant or occupant of the Mortgaged Property to engage in any activity that
could result in liability under the Hazardous Materials Laws on such tenant or
occupant, on Indemnitor or on any other owner of the Mortgaged Property.
4. COVENANTS.
(a) Indemnitor shall comply strictly and in all respects with
the requirements of the Hazardous Materials Laws and shall notify Bank
immediately in the event of any Hazardous Discharge or discovery of any
Hazardous Materials at, upon, under or within the Mortgaged Property.
Indemnitor shall promptly forward to Bank copies of all orders, notices,
permits, applications or other communications and reports in connection with any
Hazardous Discharge or the presence of any Hazardous Materials or any other
matters relating to the Hazardous Materials Laws as they may affect the
Mortgaged Property.
(b) Promptly upon the written request of Bank from time to time,
Indemnitor shall provide to Bank, at Indemnitor's expense, an environmental site
assessment or environmental audit report prepared by an environmental
engineering firm acceptable to Bank, to assess with a reasonable degree of
certainty the presence or absence of any Hazardous Materials and the potential
costs in connection with abatement, cleanup or removal of any Hazardous
Materials found on, under, at or within the Mortgaged Property.
5. INDEMNITY.
(a) Except with respect to any Hazardous Discharge caused by the
willful or negligent actions of the Bank on any taking of possession of the
Mortgaged Property, Indemnitor shall at all times indemnify and hold harmless
Bank against and from any and all claims, suits, actions, debts, damages
(including foreseeable and unforeseeable consequential damages), costs, losses,
obligations, judgments, charges, and expenses (including attorneys' fees), of
any nature whatsoever suffered or incurred by Bank, whether as mortgagee,
mortgagee in possession, or as successor-in-interest to Indemnitor by
foreclosure deed or deed in lieu of foreclosure, with respect to:
(i) any Hazardous Discharge, the threat of a Hazardous
Discharge or the presence of any Hazardous Materials affecting the Mortgaged
Property whether or not the same originates or emanates from the Mortgaged
Property or any contiguous real estate, including any loss of value of the
Mortgaged Property as a result of any of the foregoing;
(ii) any and all enforcement, clean-up, removal, mitigation
or other governmental or regulatory actions instituted in respect of the
Mortgaged Property pursuant to the Hazardous Materials Laws and any costs
incurred by any other person or damages from injury to, destruction of, or loss
of natural resources, including reasonable costs of investigating and assessing
such injury, destruction or loss incurred pursuant to any Hazardous Materials
Laws;
(iii) any and all claims made or threatened by any third
party against the Bank seeking damages, contribution, cost recovery,
compensation, injunctive relief or similar relief resulting from any Hazardous
Discharge or from the existence of any Hazardous Materials on, within or under
the Mortgaged Property;
(iv) the Bank's investigation and handling (including the
defense) of any claims relating to Hazardous Materials on or about the Mortgaged
Property;
(v) liability for personal injury or personal property
damage arising under any statutory or common law tort theory, including, without
limitation, damages assessed for the maintenance of a public or private nuisance
or for the carrying on of an abnormally dangerous activity at or near the
Mortgaged Property; and/or
(vi) any other environmental matter affecting the Mortgaged
Property within the jurisdiction of the Environmental Protection Agency, any
other federal agency, or any state or local environmental agency.
Indemnitor's obligations under this Agreement shall arise upon the discovery of
the presence of any Hazardous Materials whether or not the Environmental
Protection Agency, any other federal agency or any state or local environmental
agency has taken or threatened any action in connection with the presence of any
Hazardous Materials.
(b) In the event of any Hazardous Discharge, the threat of a
discharge of any Hazardous Materials, or the presence of any Hazardous Materials
affecting the Mortgaged Property, whether or not the same originates or emanates
from the Mortgaged Property or any contiguous real estate, Indemnitor shall
comply with all of the requirements of the Hazardous Materials Laws and related
regulations and any other environmental law or regulation and/or cause such work
to be performed at the Mortgaged Property and/or take any and all other actions
as are necessary or advisable in order to xxxxx the Hazardous Discharge and/or
remove the Hazardous Materials.
(c) Indemnitor acknowledges that Bank has agreed to restructure
the Original Indebtedness and make the Facilities available in reliance upon the
Indemnitor's representations, warranties and covenants in this Agreement. For
this reason, it is the intention of Indemnitor and Bank that the provisions of
this Agreement shall supersede any provisions in any and all documents
evidencing or securing the Facilities (the "Loan Documents") which in any way
limit the personal liability of Indemnitor and that Indemnitor shall be
personally liable for any obligations arising under this Agreement even if the
amount of liability exceeds the Facilities. All of the
representations, warranties, covenants and indemnities of this Agreement shall
survive: the repayment of the Notes, the release or foreclosure of the
Mortgage, any deed (assignment) of the Mortgaged Property in lieu of
foreclosure, and the transfer of any or all right, title and interest in and to
the Mortgaged Property by Indemnitor to any party, whether or not affiliated
with Indemnitor.
6. ATTORNEYS' FEES. If Bank, or someone on Bank's behalf, retains
the services of any attorney in connection with this Agreement, Indemnitor shall
pay Bank's costs and attorneys' fees thereby incurred. Bank may employ an
attorney of Bank's own choice.
7. INTEREST. If Bank incurs any obligations, costs or expenses
under this Agreement, Indemnitor shall pay the same to Bank immediately on
demand, and if such payment is not received within ten (10) days, interest on
such amount shall, after the expiration of the ten (10) day period, accrue at
the Default Rate under the Facilities until such amount is paid in full.
8. JOINT AND SEVERAL LIABILITY. If this Agreement is executed by
more than one party as Indemnitor, the liability of such parties is joint and
several. Indemnitor's obligations hereunder are joint and several with any
other person now or hereafter obligated under the Loan Documents. A separate
action or actions may be brought and prosecuted against Indemnitor, whether or
not action is brought against any other person or whether or not any other
person is joined in such action or actions.
9. CONSENT TO JURISDICTION. Indemnitor consents to the exercise of
personal jurisdiction over Indemnitor by any federal or state court in the State
of Hawaii.
10. NOTICE. All notices, demands, requests and other communications
required hereunder shall be in writing and shall be deemed to have been properly
given if personally delivered or sent by United States certified or registered
mail, return receipt requested, postage prepaid, addressed to the party for whom
it is intended at such party's address hereinafter set forth:
If to Indemnitor:
X. XXXXXX HOMES, INC.
X.X. Xxx 0000
Xxxxxxx, Xxxxxx 00000
ATTN:
If to Bank:
BANK OF HAWAII
X.X. Xxx 0000
Xxxxxxxx, Xxxxxx 00000
ATTN: Xx. Xxxx Xxxxx
Notice shall be deemed given upon receipt. Any party may designate a change of
address by written notice to the other, given as provided herein.
11. WAIVERS. Indemnitor waives trial by jury in any action brought
on, under or by virtue of this Agreement and waives any right to require Bank at
any time to pursue any remedy in Bank's power whatsoever. The failure of Bank
to insist upon strict compliance with any of the terms hereof shall not be
considered to be a waiver of any such terms, nor shall it prevent Bank from
insisting upon strict compliance with this Agreement at any time thereafter.
12. SEVERABILITY. If any clause or provision herein contained
operates or would prospectively operate to invalidate this Agreement in whole or
in part, then such clause or provision shall be held for naught as though not
contained herein, and the remainder of this Agreement shall remain operative and
in full force and effect.
13. INCONSISTENCIES AMONG THE LOAN DOCUMENTS. Nothing contained
herein is intended to modify in any way the obligations of Indemnitor under the
Notes or any other Loan Document. Any inconsistencies among the Loan Documents
shall be construed, interpreted and resolved so as to benefit Bank, and Bank's
election of which interpretation or construction is for Bank's benefit shall
govern.
14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon
Indemnitor's successors and assigns and shall inure to the benefit of Bank and
Bank's successors and assigns.
15. CONTROLLING LAWS. This Agreement shall be governed by, and
construed in accordance with, the laws of the State of Hawaii.
B. AMENDMENT TO FIRST HAZARDOUS INDEMNITY AGREEMENT. Indemnitor
acknowledges and agrees that the "Notes" and "Loans" referred to in the First
Hazardous Indemnity Agreement shall respectively mean the Notes and the
Facilities described herein.
IN WITNESS WHEREOF, Indemnitor has executed this Agreement and Amendment as
of the date first above written.
"INDEMNITOR"
X. XXXXXX HOMES, INC.,
a Delaware corporation
By /s/ XXXX X. XXXXX
XXXX X. XXXXX
Its President and Chief Executive
Officer
By /s/ XXXXXX X. XXXXX
XXXXXX X. XXXXX
Its Executive Vice President and
Chief Financial Officer
EXHIBIT "A"
-PARCEL I:- (TMK 2-6-008-017 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 23 to Xxxxxxxx Xxxxxx) situate, lying and being at Puueo, District of
South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 4, bearing
Tax Key designation 2-6-008-017 (3), and containing an area of 19,861 square
feet, more or less.
-PARCEL II:- (TMK 2-6-008-026 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 2 to Xxxxxxxx Xxxxxx, Royal Patent Grant Number 23 to Xxxxxxxx
Xxxxxx, and Deed of Commissioners of Crown Lands to Xxxxxx Xxxxxxx, dated August
3, 1870, recorded in Liber 30 at Page 384) situate, lying and being on the
southwest side of Wainaku Street and on the north side of Amauulu street, at
Puueo, District of South Hilo, Island and County of Hawaii, State of Hawaii,
being XXX 0, xx xxx "XXXXX XXXX XXXX", and thus bounded and described as per
survey of Xxxxxxx Xxxxxxxxx, Registered Professional Surveyor, with X. X. Xxxxxx
Corporation, dated October 26, 1984, to-wit:
Beginning at the northeast corner of this parcel of land, on the southwest
side of Wainaku Street, and being the southeast corner of Lot 1, the coordinates
of said point of beginning referred to Government Survey Triangulation Station
"XXXXX" being 4,851.64 feet north and 1,559.40 feet East and thence running by
azimuths measured clockwise from true South:
1. 341DEG. 40' 313.19 feet along the southwest side of Wainaku
Street;
2. 94DEG. 00' 367.64 feet along Xxxx Xxxxx (Puueo) Park, being a
portion of Commissioners of Crown Lands to
Xxxxxx Xxxxxxx (Liber 30: 384);
3. 343DEG. 45' 238.10 feet along Xxxx Xxxxx (Puueo) Park, being a
portion of Commissioners of Crown Lands to
Xxxxxx Xxxxxxx (Liber 30: 384);
4. 42DEG. 22' 26.80 feet along Lot 2, being a portion of
Commissioners of Crown Lands to Xxxxxx
Xxxxxxx (Liber 30: 384);
5. 7DEG. 59' 30" 27.00 feet along Lot 2, being a portion of
Commissioners of Crown Lands to Xxxxxx
Xxxxxxx (Liber 30: 384);
6. 360DEG. 00' 67.35 feet along Lot 2, being a portion of
Commissioners of Crown Lands to Xxxxxx
Xxxxxxx (Liber 30: 384);
7. 67DEG. 48' 64.80 feet along Lot 2, being a portion of
Commissioners of Crown Lands to Xxxxxx
Xxxxxxx (Liber 30: 384);
8. 101DEG. 45' 106.90 feet along Lot 1, being a portion of
Commissioners of Crown Lands to Xxxxxx
Xxxxxxx (Liber 30: 384);
9. 88DEG. 57' 164.00 feet along a portion of Grant 185, Ap. 2 to
X. Xxxxxx;
10. 351DEG. 37' 275.45 feet along a portion of Grant 185, Ap. 2 to
X. Xxxxxx;
11. 88DEG. 39' 20" 622.58 feet along the north side of Amauulu Road;
12. 180DEG. 00' 1069.45 feet along Lot 3, being portions of Grant 23
to X. Xxxxxx and Xxxxx 185, Ap. 2 to X.
Xxxxxx to the middle of stream;
13. Thence following along the middle of stream and portion of Grant 185, Ap. 2
to X. Xxxxxx for the next three (3) courses, the direct azimuths and
distances between points on said middle of stream being:
306DEG. 00' 135.00 feet;
14. 246DEG. 00' 150.00 feet;
15. 323DEG. 34' 253.05 feet;
16. 341DEG. 40' 38.70 feet along Lot 1, being portions of Grant
185, Ap. 2 to X. Xxxxxx, Commissioners of
Crown Lands to Xxxxxx Xxxxxxx (Liber 30: 384)
and X.X. 0000, X.X.Xx. 4809, Ap. 2 to Xxxxx
Xx;
17. 262DEG. 27' 731.94 feet along Lot 1, being portions of Grant
185, Ap. 2 to X. Xxxxxx, Commissioners of
Crown Lands to Xxxxxx Xxxxxxx (Liber 30: 384)
and X.X. 0000, X.X.Xx. 4809, Ap. 2 to Xxxxx
Xx to the point of beginning and containing
an area of 18.57 acres, more or less.
-PARCEL III:- (TMK 2-6-008-027 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 2 to Xxxxxxxx Xxxxxx, and Royal Patent Grant Number 23 to
Xxxxxxxx Xxxxxx)
situate, lying and being on the north side of Amauulu Road, approximately 1700
feet west from the intersection of Wainaku Street and Amauulu Road, at Puueo,
District of South Hilo, Island and County of Hawaii, State of Hawaii, being XXX
0, xx xxx "XXXXX XXXX XXXX", and thus bounded and described as per survey of
Xxxxxxx Xxxxxxxxx, Registered Professional Surveyor, with X. X. Xxxxxx
Corporation, dated October 26, 1984, to-wit:
Beginning at the southeast corner of this parcel of land, on the north side
of Amauulu Road and being the southwest corner of Lot 2, the coordinates of said
point of beginning referred to Government Survey Triangulation Station "XXXXX"
being 3,944.68 feet north and 425.11 feet east and thence running by azimuths
measured clockwise from true South:
1. 88DEG. 39' 20" 539.61 feet along the north side of Amauulu Road;
2. 167DEG. 18' 30" 152.55 feet along Exclusion 2, being a portion of
Grant 23 to X. Xxxxxx;
3. 87DEG. 11' 30" 307.48 feet along Exclusion 2, being a portion of
Grant 23 to X. Xxxxxx;
4. 180DEG. 00' 505.07 feet along Lot 4, being a portion of Grant 23
to X. Xxxxxx;
5. 173DEG. 10' 535.89 feet along Lot 4, being a portion of Grant 23
to X. Xxxxxx to the middle of stream;
6. Thence following along the middle of stream and portion of Grant 23 to X.
Xxxxxx and Xxxxx 185, Ap. 2 to X. Xxxxxx for the next five (5) courses, the
direct azimuths and distances between points on said middle of stream
being:
280DEG. 37' 328.07 feet;
7. 295DEG. 26' 199.00 feet;
8. 233DEG. 08' 142.00 feet;
9. 304DEG. 14' 174.00 feet;
10. 249DEG. 15' 197.00 feet;
11. 0DEG. 00' 1,069.45 feet along Lot 2, being portions of Grant
185, Ap. 2 to X. Xxxxxx and Xxxxx 23 to X.
Xxxxxx to the point of beginning and
containing an area of 21.11 acres, more or
less.
-PARCEL IV:- (TMK 2-6-008-028 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 23 to Xxxxxxxx Xxxxxx) situate, lying and being at Puueo, District of
South Hilo, Island and County of Hawaii, State of Hawaii, being portion of LOT
4, bearing Tax Key designation 2-6-008-portion 028 (3), and containing an area
of 27.080 acres, more or less.
-PARCEL V:- (TMK 2-6-008-029 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 23 to Xxxxxxxx Xxxxxx) situate, lying and being at Puueo, District of
South Hilo, Island and County of Hawaii, State of Hawaii, being XXX 00, xx xxx
"XXXXX XXXX XXXX", bearing Tax Key designation 2-6-008-029 (3), and containing
an area of 30.32 acres, more or less.
-PARCEL VI:- (TMK 2-6-008-031 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Number
4666, Land Commission Award Number 4659, Apana 1 to Papa, Royal Patent Number
4687, Land Commission Award Number 4809, Apana 2 to Xxxxx Xx, Deed of
Commissioners of Crown Lands to Xxxxxx Xxxxxxx dated August 3, 1870, recorded in
Liber 30 at Page 384, Royal Patent Grant Number 23 to Xxxxxxxx Xxxxxx, and Royal
Patent Grant Number 185, Apana 2 to Xxxxxxxx Xxxxxx) situate, lying and being on
the west side of Wainaku Street, at Puueo, District of South Hilo, Island and
County of Hawaii, State of Hawaii, being XXX 0, xx xxx "XXXXX XXXX XXXX", and
thus bounded and described as per survey of Xxxxxxx Xxxxxxxxx, Registered
Professional Surveyor, with X. X. Xxxxxx Corporation, dated October 26, 1984,
to-wit:
Beginning at the northeast corner of this parcel of land, on the
southwest side of Wainaku Street, the coordinates of said point of beginning
referred to Government Survey Triangulation Station "XXXXX" being 5,101.35 feet
north and 1,476.70 feet east, and thence running by azimuths measured clockwise
from true South:
1. 341DEG. 42' 74.05 feet along the southwest side of Wainaku
Street;
2. 94DEG. 00' 777.32 feet along portions of X.X. 0000, X.X.Xx.
4809, Ap. 2 to Xxxxx Xx, Commissioners of
Crown Lands to Xxxxxx Xxxxxxx (Liber 30: 384)
and along Xxx 0, xxxxx xxxxxxxx xx X.X. 0000,
X.X.Xx. 4809, Ap. 2 to Xxxxx Xx,
Commissioners of Crown Lands to Xxxxxx
Xxxxxxx (Liber 30: 384) and Grant 185, Ap. 2
to X. Xxxxxx;
3. 341DEG. 40' 308.74 feet along Xxx 0, xxxxx xxxxxxxx xx X.X.
0000, X.X.Xx. 4809, Ap. 2 to Xxxxx Xx,
Commissioners of Crown Lands to Xxxxxx
Xxxxxxx (Liber 30: 384) Grant 185, Ap. 2 to
X. Xxxxxx to the middle of stream;
4. Thence following along the middle of stream and Lots 2 and 3, being
portions of Grant 185, Ap. 2 to X. Xxxxxx and Xxxxx 23 to X. Xxxxxx for the
next eight (8) courses, the direct azimuths and distances between points on
the middle of said stream being:
143DEG. 34' 253.05 feet;
5. 66DEG. 00' 150.00 feet;
6. 126DEG. 00' 135.00 feet;
7. 69DEG. 15' 197.00 feet;
8. 124DEG. 14' 174.00 feet;
9. 53DEG. 08' 142.00 feet;
10. 115DEG. 26' 199.00 feet;
11. 100DEG. 37' 328.07 feet;
12. 169DEG. 04' 673.00 feet along Lots 4 and 5, being portion of
Grant 23 to X. Xxxxxx to the middle of
Pukihae Stream;
13. Thence following along the middle of Pukihae Stream and X.X. 0000, X.X.Xx.
7713, Ap. 13 to V. Kamamalu for the next four (4) courses, the direct
azimuths and distances between points on the middle of said stream being:
282DEG. 08' 478.00 feet;
14. 237DEG. 44' 294.61 feet;
15. 290DEG. 52' 862.78 feet;
16. 285DEG. 52' 107.24 feet;
17. 26DEG. 50' 396.48 feet along portion of Commissioners of Crown
Lands to Xxxxxx Xxxxxxx (Liber 30: 384) and
portion of Grant 185, Ap. 2 to X. Xxxxxx;
18. 274DEG. 00' 664.24 feet along portion of Grant 185, Ap. 2 to X.
Xxxxxx, Commissioners of Crown Lands to
Xxxxxx Xxxxxxx (Liber 30: 384) and X.X. 0000,
X.X.Xx. 4809, Ap. 2 to Xxxxx Xx;
19. 217DEG. 50' 22.27 feet along a portion of Commissioners of
Crown Lands to Xxxxxx Xxxxxxx (Liber 30: 384)
to the point of beginning and containing a
gross area of 23.584 acres and a net area of
21.98 acres after deducting 1.604 acres of
Exclusion 5 which is more fully described
below:
All of that certain parcel of land (being portion(s) of the land(s)
described in and covered by Royal Patent 4666, Land Commission Award Number
4659, Apana 1 to Papa) situate, lying and being at Puueo, District of South
Hilo, Island and County of Hawaii, State of Hawaii, being EXCLUSION 5, and thus
bounded and described as per survey of said Xxxxxxx Xxxxxxxxx, Registered
Professional Surveyor, with X. X. Xxxxxx Corporation, dated October 26, 1984,
to-wit:
Beginning at the northwest corner of this Exclusion, the coordinates of
said point of beginning referred to Government Survey Triangulation Station
"XXXXX" being 5,532.23 feet north and 168.40 feet west and thence running by
azimuths measured clockwise from true South:
1. 288DEG. 15' 440.27 feet along remainder of Grant 185, Ap. 2 to
X. Xxxxxx;
2. 348DEG. 00' 175.00 feet along remainder of Grant 185, Ap. 2 to
X. Xxxxxx;
3. 104DEG. 00' 385.25 feet along remainder of X.X. 0000,
X.X.Xx. 4659:1 to Papa;
4. 159DEG. 30' 230.45 feet along remainder of Grant 23 to X. Xxxxxx
to the point of beginning and containing an
area of 1.604 acres, more or less;
-PARCEL VII:- (TMK 2-6-008-032 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 23 to Xxxxxxxx Xxxxxx) situate, lying and being at the west end of
Amauulu Road, at Puueo, District of South Hilo, Island and County of Hawaii,
State of Hawaii, being XXX 0, xx xxx "XXXXX XXXX XXXX", and thus bounded and
described as per survey of Xxxxxxx Xxxxxxxxx, Registered Professional Surveyor,
with X. X. Xxxxxx Corporation, dated October 26, 1984, to-wit:
Beginning at the northwest corner of this parcel of land, being also
the
northwest corner of Easement "A" (For Roadway and Utilities) and the southwest
corner of Lot 6, the coordinates of said point of beginning referred to
Government Survey Triangulation Station "XXXXX" being 4,246.16 feet north and
2,473.33 feet west and thence running by azimuths measured clockwise from true
South:
1. 283DEG. 13' 270.50 feet along Lot 6, being a portion of Grant 23
to X. Xxxxxx;
2. 279DEG. 55' 1,024.06 feet along Lots 5 and 4, being a portion of
Grant 23 to X. Xxxxxx;
3. 8DEG. 26' 45" 60.02 feet across the west end of Amauulu Road;
4. 276DEG. 58' 30" 376.95 feet along the south side of Amauulu Road;
5. Thence along Exclusion 1, being a portion of Grant 23 to X. Xxxxxx, on a
curve to the left with a radius of 20.00 feet, the chord azimuth and
distance being:
52DEG. 44' 15" 27.91 feet;
6. 8DEG. 30' 115.07 feet along Exclusion 1, being a portion of
Grant 23 to X. Xxxxxx;
7. 278DEG. 30' 200.24 feet along Exclusion 1, being a portion of
Grant 23 to X. Xxxxxx;
8. 183DEG. 06' 126.38 feet along Exclusion 1, being a portion of
Grant 23 to X. Xxxxxx;
9. Thence along Exclusion 1, being a portion of Grant 23 to X. Xxxxxx, on a
curve to the left with a radius of 20.00 feet, the chord azimuth and
distance being:
138DEG. 35' 28.05 feet;
10. 274DEG. 04' 237.29 feet along the south side of Amauulu Road;
11. 267DEG. 37' 50.06 feet along the south side of Amauulu Road;
12. Thence along Lot 5 of Exclusion 4, same being a portion of Grant 23 to X.
Xxxxxx, on a curve to the right with a radius of 20.00 feet, the chord
azimuth and distance being:
324DEG. 07' 33.36 feet;
13. 20DEG. 37' 97.84 feet along Lot 5 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
14. 357DEG. 00' 142.27 feet along Lot 5 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
15. Thence along Lot 5 of Exclusion 4, same being a portion of Grant 23 to X.
Xxxxxx, on a curve to the right with a radius of 10.00 feet, the chord
azimuth and distance being:
42DEG. 00' 14.14 feet;
16. 87DEG. 00' 10.00 feet along Lot 5 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
17. 357DEG. 00' 20.00 feet along Lot 5 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
18. 267DEG. 00' 10.00 feet along Lot 5 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
19. Thence along Lot 5 of Exclusion 4, same being a portion of Grant 23 to X.
Xxxxxx, on a curve to the right with a radius of 10.00 feet, the chord
azimuth and distance being:
312DEG. 00' 14.14 feet;
20. 357DEG. 00' 10.00 feet along Lot 5 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
21. 267DEG. 00' 15.00 feet along Lot 5 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
22. 357DEG. 00' 96.73 feet along Lot 4 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
23. 276DEG. 00' 133.20 feet along Lot 4 of Exclusion 4, same being a
portion of Grant 23 to X. Xxxxxx;
24. 36DEG. 50' 60.00 feet along Xxx 0 xxx Xxxxxxxx "X" (Xxx Xxxxxxx
and Utilities), same being portion of Grant
23 to X. Xxxxxx, and Xxxxx 185, Ap. 2 to X.
Xxxxxx;
25. Thence along Xxx 0 xxx Xxxxxxxx "X" (Xxx Xxxxxxx and Utilities), same being
a portion of Grant 23 to X. Xxxxxx and Xxxxx 185, Ap. 2 to X. Xxxxxx, on a
curve to the right with a radius of 120.00 feet, the chord azimuth and
distance being:
61DEG. 23' 30" 99.75 feet;
26. 85DEG. 57' 80.00 feet along Xxx 0 xxx Xxxxxxxx "X" (Xxx Xxxxxxx
and Utilities), same being portions of Grant
23 to X. Xxxxxx and Xxxxx 185, Ap. 2 to X.
Xxxxxx;
27. Thence along Xxx 0 xxx Xxxxxxxx "X" (Xxx Xxxxxxx and Utilities), being
portions of Grant 23 to X. Xxxxxx and Xxxxx 185, Ap. 2 to X. Xxxxxx, on a
curve to the left with a radius of 200.00 feet, the chord azimuth and
distance being:
67DEG. 47' 30" 124.66 feet;
28. 229DEG. 38' 79.16 feet along Xxx 0 xxx Xxxxxxxx "X" (Xxx Xxxxxxx
and Utilities), being portion of Grant 23 to
X. Xxxxxx and Xxxxx 185, Ap. 2 to X. Xxxxxx
to the middle of Kaaua Gulch;
29. Thence following along the middle of Kaaua Gulch and Kamehameha IV to
Xxxxxx Xxxxxx (Liber 9: 434-435) for the next six (6) courses, the direct
azimuths and distances between points on the middle of gulch being:
120DEG. 31' 232.80 feet;
30. 138DEG. 18' 177.00 feet;
31. 83DEG. 42' 412.00 feet;
32. 100DEG. 03' 238.00 feet;
33. 108DEG. 45' 427.00 feet;
34. 120DEG. 27' 503.00 feet;
35. 173DEG. 34' 354.71 feet along Grant 185, Ap. 1 to X. Xxxxxx to
the point of beginning and containing an area
of 22.15 acres, more or less.
-PARCEL VIII:- (TMK 2-6-008-033 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 2 to Xxxxxxxx Xxxxxx, Royal Patent Grant Number 23 to Xxxxxxxx
Xxxxxx, and Deed of Commissioners of Crown Lands to Xxxxxx Xxxxxxx, dated August
3, 1870, recorded in Liber 30 at Page 384) situate, lying and being at Puueo,
District of South Hilo, Island and County of Hawaii, State of Hawaii, being XXX
00, xx xxx "XXXXX XXXX XXXX", bearing Tax Key designation 2-6-008-033 (3), and
containing an area of 25.13 acres, more or less.
-Note:- Excluding from the above described parcel of land, any portion of
the Wailuku River. The description of Royal Patent Grant Number 185, Royal
Patent Grant Number 23 and Deed of Commissioners of Crown Lands to Xxxxxx
Xxxxxxx runs to the near bank of Wailuku River and not to the middle of said
river.
-PARCEL IX:- (TMK 2-6-008-034 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 2 to Xxxxxxxx Xxxxxx, and Royal Patent Grant Number 23 to
Xxxxxxxx Xxxxxx) situate, lying and being at Puueo, District of South Hilo,
Island and County of Hawaii, State of Hawaii, being AMAUULU ROAD, and thus
bounded and described:
Beginning at the Northeast corner of this (Amauulu Road), South side
of Xxx 0 xxx Xxxxxxxxx xxxx xx Xxxxxxxxxx Xxxx (Xxxxxxx Xxxx), the coordinates
of said point of beginning referred to Government Survey Triangulation Station
"Xxxxx" being 3,956.10 feet North and 1,239.29 feet East and running by azimuths
measured clockwise from true South:
1. 357DEG. 31' 50.00 feet along Government Road (Amauulu Road);
2. 87DEG. 14' 30.19 feet along Lot 9, portion of Grant 185:2 to
X. Xxxxxx;
3. 177DEG. 20' 15.10 feet along portion of Grant 185:2 to X.
Xxxxxx;
4. 88DEG. 57' 161.37 feet along portion of Grant 185:2 to X.
Xxxxxx;
5. 358DEG. 57' 7.51 feet along portion of Grant 185:2 to X.
Xxxxxx;
6. 88DEG. 39' 20" 980.76 feet along Lot 9, portion of Grant 185:2 to
X. Xxxxxx and portion of Grant 23 to X.
Xxxxxx;
7. 216DEG. 50' 10.68 feet along Lot 1, portion of Grant 23 to X.
Xxxxxx;
8. 87DEG. 37' 527.87 feet along Lot 1, portion of Grant 23 to X.
Xxxxxx;
9. 94DEG. 04' 282.21 feet along Lot 8, portion of Grant 23 to X.
Xxxxxx;
10. Thence along the south side of Amauulu Road on a curve to the right with a
radius of 2,025.00 feet, the chord azimuth and distance being:
95DEG. 31' 15" 102.78 feet;
11. 96DEG. 58' 30" 376.95 feet along Lot 8, portion of Grant 23 to X.
Xxxxxx;
12. 188DEG. 26' 45" 60.02 feet along Lot 8, portion of Grant 23 to X.
Xxxxxx;
13. 276DEG. 58' 30" 375.41 feet along Lot 4, portion of Grant 23 to X.
Xxxxxx;
14. Thence along the south side of Lot 4 on a curve to the left with a radius
of 1,965.00 feet, the chord azimuth and distance being:
275DEG. 31' 15" 99.73 feet;
15. 274DEG. 04' 277.46 feet along Lot 4, portion of Grant 23 to X.
Xxxxxx;
16. 356DEG. 49' 30" 20.17 feet along portion of Grant 23 to X. Xxxxxx;
17. 267DEG. 37' 338.52 feet along portion of Grant 23 to X. Xxxxxx;
18. 167DEG. 18' 30" 5.10 feet along portion of Grant 23 to X. Xxxxxx;
19. 268DEG. 39' 20" 1,162.19 feet along Lot 3, portion of Grant 23 to X.
Xxxxxx and Lot 2, portion of Grant 185:2 to
X. Xxxxxx;
20. 351DEG. 37' 7.55 feet along portion of Grant 185:2 to X.
Xxxxxx;
21. 268DEG. 57' 164.00 feet along portion of Grant 185:2 to X.
Xxxxxx;
22. 267DEG. 14' 26.74 feet along Lot 1 to the point of beginning
and containing an area of 2.825 acres, more
or less.
-PARCEL X:- (TMK 2-6-008-035 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Kamehameha IV Deed
to Xxxxxx Xxxxxx, recorded in Liber 9 at Page 434) situate, lying at Puueo,
District of South Hilo, Island and County of Hawaii, State of Hawaii, being XXX
00, xx xxx "XXXXX XXXX XXXX", bearing Tax Key designation 2-6-008-035 (3), and
containing an area of 26.34 acres, more or less.
-Note:- Excluding from the above described parcel of land, any portion of
the Wailuku River. The description of Kamehameha IV Deed to Xxxxxx Xxxxxx runs
to the near bank of Wailuku River and not to the middle of said river.
-PARCEL XI:- (TMK 2-6-008-036 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Kamehameha IV Deed
to Xxxxxx Xxxxxx, recorded in Liber 9 at Page 434, and Royal Patent Grant Number
185, Apana 1 to Xxxxxxxx Xxxxxx) situate, lying at Puueo, District of South
Hilo, Island and County of Hawaii, State of Hawaii, being XXX 00, xx xxx "XXXXX
XXXX XXXX", bearing Tax Key designation 2-6-008-036 (3), and containing an area
of 25.75 acres, more or less.
-PARCEL XII:- (TMK 2-6-008-037 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Kamehameha IV Deed
to Xxxxxx Xxxxxx, recorded in Liber 9 at Page 434) situate, lying at Puueo,
District of South Hilo, Island and County of Hawaii, State of Hawaii, being XXX
00, xx xxx "XXXXX XXXX XXXX", bearing Tax Key designation 2-6-008-037 (3), and
containing an area of 26.16 acres, more or less.
-Note:- Excluding from the above described parcel of land, any portion of
the Wailuku River. The description of Kamehameha IV Deed to Xxxxxx Xxxxxx runs
to the near bank of Wailuku River and not to the middle of said river.
-PARCEL XIII:- (TMK 2-6-008-038 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Kamehameha IV Deed
to Xxxxxx Xxxxxx, recorded in Liber 9 at Page 434) situate, lying at Puueo,
District of South Hilo, Island and County of Hawaii, State of Hawaii, being XXX
00, xx xxx "XXXXX XXXX XXXX", bearing Tax Key designation 2-6-008-038 (3), and
containing an area of 22.36 acres, more or less.
-Note:- Excluding from the above described parcel of land, any portion of
the Wailuku River. The description of Kamehameha IV Deed to Xxxxxx Xxxxxx runs
to the near bank of Wailuku River and not to the middle of said river.
-PARCEL XIV:- (TMK 2-6-008-039 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Kamehameha IV Deed
to Xxxxxx Xxxxxx, recorded in Liber 9 at Page 434, and Royal Patent Grant Number
185, Apana 1 to Xxxxxxxx Xxxxxx) situate, lying at Puueo, District of South
Hilo, Island and County of Hawaii, State of Hawaii, being XXX 00, xx xxx "XXXXX
XXXX XXXX", bearing Tax Key designation 2-6-008-039 (3), and containing an area
of 27.59 acres, more or less.
-PARCEL XV:- (TMK 2-6-029-009 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Deed of
Commissioners of Crown Lands to Xxxxxx Xxxxxxx dated August 3, 1870, recorded in
Liber 30 at Page 384) situate, lying and being at Puueo, District of South Hilo,
Island and County of Hawaii, State of Hawaii, being XXX 00, xx xxx "XXXXX XXXX
XXXX", bearing Tax Key designation 2-6-029-009 (3), and containing an area of
24.77 acres, more or less.
-Note:- Excluding from the above described parcel of land, any portion of
the Wailuku River. The description by Deed of Commissioners of Crown Lands to
Xxxxxx Xxxxxxx runs to the near bank of Wailuku River and not to the middle of
said river.
-PARCEL XVI:- (TMK 2-6-029-010 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 1 to Xxxxxxxx Xxxxxx, and Deed of Commissioners of Crown Lands
to Xxxxxx Xxxxxxx dated August 3, 1870, recorded in Liber 30 at Page 384)
situate, lying and being at Puueo, District of South Hilo, Island and County of
Hawaii, State of Hawaii, being XXX 00, xx xxx "XXXXX XXXX XXXX", bearing Tax Key
designation 2-6-029-010 (3), and containing an area of 23.04 acres, more or
less.
-Note:- Excluding from the above described parcel of land, any portion of
the Wailuku River. The description of Royal Patent Grant Number 185 and Deed of
Commissioners of Crown Lands to Xxxxxx Xxxxxxx runs to the near bank of Wailuku
River and not to the middle of said river.
-PARCEL XVII:- (TMK 2-6-029-011 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 1 to Xxxxxxxx Xxxxxx, and Deed of Commissioners of Crown Lands
to Xxxxxx Xxxxxxx, dated August 3, 1870, recorded in Liber 30 at Page 384)
situate, lying at Puueo, District of South Hilo, Island and County of Hawaii,
State of Hawaii, being XXX 00, xx xxx "XXXXX XXXX XXXX", bearing Tax Key
designation 2-6-029-011 (3), and containing an area of 41.86 acres, more or
less.
-Note:- Excluding from the above described parcel of land, any portion of
the Wailuku River. The description of Royal Patent Grant Number 185 and Deed of
Commissioners of Crown Lands to Xxxxxx Xxxxxxx runs to the near bank of Wailuku
River and not to the middle of said river.
-PARCEL XVIII:- (TMK 2-6-029-012 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Kamehameha IV Deed
to Xxxxxx Xxxxxx, recorded in Liber 9 at Page 434, Royal Patent Grant Number
185, Apana 1 to Xxxxxxxx Xxxxxx, and Royal Patent Number 4656, Land Commission
Award Number 5021, Apana 2 to Kupihea) situate, lying at Puueo, District of
South Hilo, Island and County of Hawaii, State of Hawaii, being XXX 00, xx xxx
"XXXXX XXXX XXXX", bearing Tax Key designation 2-6-029-012 (3), and containing
an area of 26.38 acres, more or less.
-PARCEL XIX:- (TMK 2-6-029-013 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Kamehameha IV Deed
to Xxxxxx Xxxxxx, recorded in Liber 9 at Page 434, and Royal Patent Grant Number
185, Apana 1 to Xxxxxxxx Xxxxxx) situate, lying at Puueo, District of South
Hilo, Island and County of Hawaii, State of Hawaii, being XXX 00, xx xxx "XXXXX
XXXX XXXX", bearing Tax Key designation 2-6-029-013 (3), and containing an area
of 21.56 acres, more or less.
-PARCEL XX:- (TMK 2-6-029-014 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 1 to Xxxxxxxx Xxxxxx, and Royal Patent Grant Number 23 to
Xxxxxxxx Xxxxxx) situate, lying and being at Puueo, District of South Hilo,
Island and County of Hawaii, State of Hawaii, being XXX 00, xx xxx "XXXXX XXXX
XXXX", bearing Tax Key designation 2-6-029-014 (3), and containing an area of
20.09 acres, more or less.
-PARCEL XXI:- (TMK 2-6-029-015 (3)): All of that certain parcel of land
(being portion(s) of the land(s) described in and covered by Royal Patent Grant
Number 185, Apana 1 to X. Xxxxxx, and Royal Patent Grant Number 23 to X. Xxxxxx)
situate, lying and being at Puueo, District of South Hilo, Island and County of
Hawaii, State of Hawaii, being XXX 00, xx xxx "XXXXX XXXX XXXX", and thus
bounded and described as per survey of Xxxxxxx Xxxxxxxxx, Registered
Professional Surveyor with X. X. Xxxxxx Corporation, dated December 1, 1986,
to-wit:
Beginning at the southwest corner of this parcel of land, being also
the northeast corner of Lot 52 of Puueo Farm Lots, same being a portion of
Commissioners of Crown Lands to Xxxxxx Xxxxxxx, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "XXXXX" being
4,195.48 feet north and 3,482.12 feet west, and thence running by azimuths
measured clockwise from true South:
1. 190DEG. 06' 482.47 feet along Lot 41 of Puueo Farm Lots, same
being a portion of Commissioners of Crown
Lands to Xxxxxx Xxxxxxx;
2. Thence along Lot 41 of Puueo Farm Lots, same being a portion of
Commissioners of Crown Lands to Xxxxxx Xxxxxxx and portion of Grant 185,
Ap. 1 to X. Xxxxxx, on a curve to the left with a radius of 250.00 feet,
the chord azimuth and distance being:
157DEG. 34' 00" 236.63 feet;
3. 125DEG. 02' 214.60 feet along Lots 41 and 40 of Puueo Farm Lots,
same being a portion of Commissioners of
Crown Lands to Xxxxxx Xxxxxxx and portion of
Grant 185, Ap. 1 to X. Xxxxxx;
4. Thence along Lot 40 of Puueo Farm Lots, same being a portion of
Commissioners of Crown Lands to Xxxxxx Xxxxxxx and portion of Grant 185,
Ap. 1 to X. Xxxxxx, on a curve to the right with a radius of 190.00 feet,
the chord azimuth and distance being:
161DEG. 04' 17" 223.56 feet;
5. Thence following along the middle of Pukihae Stream, being also the south
boundary of X.X. 0000, X.X.Xx. 7713, Ap. 17 to V. Kamamalu for the next
three (3) courses, the direct azimuths and distances between points along
said middle of stream being:
269DEG. 47' 425.18 feet;
6. 216DEG. 01' 296.99 feet;
7. 225DEG. 47' 550.86 feet;
8. 358DEG. 00' 1,590.68 feet along Lot 38 of Puueo Farm Lots, same
being portions of Grant 23 to X. Xxxxxx and
of Grant 185, Ap. 1 to X. Xxxxxx
9. Thence along Lot 36 of Puueo Farm Lots, same being portions of Grant 23 to
X. Xxxxxx and of Grant 185, Ap. 1 to X. Xxxxxx, on a curve to the left with
a radius of 1000.00 feet, the chord azimuth and distance being:
88DEG. 59' 41" 105.64 feet;
10. 85DEG. 58' 628.80 feet along Lot 36 of Puueo Farm Lots, same
being portions of Grant 23 to X. Xxxxxx and
of Grant 185, Ap. 1 to X. Xxxxxx to the point
of beginning and containing an area of 22.60
acres, more or less.
BEING THE PREMISES ACQUIRED BY WARRANTY DEED
GRANTOR : MAUNA KEA AGRIBUSINESS CO., INC., a Hawaii corporation
GRANTEE : X. XXXXXX HOMES, INC., a Hawaii corporation
DATED : December 15, 1993
RECORDED : Document No. 93-208056
AS TO PARCEL VI, title to Royal Patent Number 4687, Land Commission Award
Number 4809, Apana 2 to Xxxxx Xx, was confirmed in the above grantee by JUDGMENT
dated January 14, 1997, filed in the Circuit Court of the Third Circuit, State
of Hawaii, Civil No. 96-352, on January 14, 1997, recorded as Document No.
97-008075, on January 16, 1997.
AS TO PARCEL XVIII, title to Royal Patent Number 4656, Land Commission
Award 5021, Apana 2 to Kupihea, was confirmed in the above grantee by JUDGMENT
dated December 23, 1996, filed in the Circuit Court of the Third Circuit, State
of Hawaii, Civil No. 96-354, on December 23, 1996, recorded as Document No.
96-181337, on December 24, 1996, and JUDGMENT dated December 31, 1996, filed in
the Circuit Court of the Third Circuit, State of Hawaii, Civil No. 96-354, on
December 31, 1996, recorded as Document No. 97-002380, on January 6, 1997.
