bernard p. carvaiho jr. mauna kea trask

Bernard P. Carvaiho Jr.Mayor

Wallace G. Rezentes Jr.Managing Director

OFFICE OF THE COUNTY ATTORNEYCounty of Kaua’i, State of Hawai’i

4444 Rice Street, Suite 220, LThu’e, Hawai’i 96766-1300TEL (808) 241-4930 FAX (808) 241-6319

Mauna Kea TraskCounty Attorney

Matthew M. BrackenFirst Deputy

Date: March 16, 2018

R

‘18 H~R 19 ~8 :52

Re: C 2015-266 COMMUNICATION (3/16/2018) FROM THE COUNTYATTORNEY, RECOMMENDING COUNCIL ACCEPT AND APPROVETWO (2) GRANT OF EASEMENTS AND ONE (1) WARRANTY DEED

Transmitted with a County Attorney recommendation for County Council approval are thefollowing:

1) Warranty Deed from the Association of Apartment Owners of the Villas at Puali,conveying to the County of Kauai, a roadway lot, (Lot 1854), Tax Map Key No. (4)3-3-003: 039 (por.), Lihue, Kauai, Hawaii, for roadway purposes

Grant of Easements the Association of Apartment Owners of the Villas at Puali,conveying to the County of Kauai, Tax Map Key No. (4) 3-3-003: 039 (par.), Lihue,Kauai, Hawaii:

a. Easement 647 (Lot 1841) and 648 (Lot 1840) for access and utility purposes;b. Easement 649 (Lot 1855) for a bus stop; and

—~—

io~ly app~vc~b~Council in 2O1 1~ 1) Warranty Deed from~ Map Key No. (4) 3-3-003: 039 (por.),

To:

From:

Via:

Mel Rapozo, Council Chair

Mauna Kea Trask, County Attorne~ThJodi Sayegusa, Deputy County Attorney

Wallace G. Rezentes Jr., Managing Directorf~.~

2)

c. Ea~~111

3) Grant ofEaseKauai, Tax M

a. Easemb. Easem

Also submitted forRegime of the Villas ~

LIL~ UJI ~L.,UL ~ I) ror arainage pu~poses.

Lents from~ ropprt~s~~ conveying to the County ofp Key No. (4)~3-3-0 1 ~Kauai, ~a~aii:~mat 650 (Lot ~2) for access and utility purposes;

The conveyances werDiamond Pacific I~.

LtC,~t~A111~1~thitt~ to~1~e E~ecl~ratibn of Condominium Property

An Equal Opportunity EmployerC 2018-87

Mel Rapozo, Council ChairMarch 16, 2018

under Council Communication No. 11-0977; 2) Easement from Diamond Pacific Homes,LLC, pertaining to Tax Map Key No. (4) 3-3-003: 039 (por.), under CouncilCommunication No. 11-0978; and 3) Easements from Grove Farm pertaining to Tax MapKey No. (4) 3-3-0 18: 009, under Council Communication No. 11-0979. However, the Stateof Hawaii Bureau of Conveyances returned the documents because the “power of attorneyfor apartment owners” was not referenced in the instruments. While remedying the powerof attorney issue, it was discovered that the conveyances must be filed with the Land Courtinstead of Regular System recording with the Bureau of Conveyances. The conveyanceshave been updated and are ready for County Council approval and eventual Land Courtfiling.

As part of this request, we ask that Council authorize the County Clerk to sign theDedication Deed so that the Deed may be returned to the Association for Land Court filing.

Enclosed:1. Warranty Deed from the Association of Apartment Owners of the Villas at Puali2. Grant of Easements the Association of Apartment Owners of the Villas at Puali3. Grant of Easements from Grove Farm Properties, Inc.4. Copy of the Amendment to the Declaration of Condominium Property Regime of

the Villas at Puali

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LAND COURT SYSTEM REGULAR SYSTEMAFTER RECORDATION, RETURN TO: RETURN BY: MAIL Li PICKUP Li

County of KauaiOffice of the County Clerk3371-A Wilcox RoadLihue, Hi 96766 Total Page(s):

Tax Map Key: (4) 3-3-003-039 (por.)

WARRANTY DEED

KNOW ALL BY THESE PRESENTS:

WHEREAS, THE ASSOCIATION OF APARTMENT OWNERS OF THE VILLAS

AT PUALI, a Hawaii condominium association, hereinafter referred to as “Grantor,”

manages and operates the condominium project known as “The Villas at Puali” (the

“Project”) pursuant to that certain Declaration of Condominium Property Regime of The

Villas at Puali dated January 24, 2005, recorded in the Office of the Assistant Registrar

of the Land Court of the State of Hawaii as Document No. 3245975, as amended (the

“Declaration”), and noted on the Transfer Certificates of Title shown on Exhibit “B”

attached hereto and made a part hereof; and

WHEREAS, Section XXIV of the Declaration states that the roadways and

sidewalks of the Project, as more particularly described in Exhibits “A” and “A-I”

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attached hereto and made a part hereof (the “Roadways”), are common elements for

which the Grantor is responsible until the Roadways are dedicated to the County of

Kauai; and

WHEREAS, Section XXIV of the Declaration further contemplates that the

Roadways will be dedicated to the County of Kauai upon final subdivision approval of

the project;

WHEREAS, the Project obtained final subdivision approval as shown on Map

176 of Land Court Application 1087 and by Land Court Order No. 166469 filed June 14,

2006; and

WHEREAS, pursuant to Section XXIV of the Declaration each owner upon

acquiring title to a unit in the Project consented to the dedication of the Roadways and

the recording of all documents necessary to effect the same; and

WHEREAS, the Grantor has amended the Declaration to withdraw the

Roadways from the condominium property regime by that certain amendment

instrument dated __________________________ and recorded in said Office as Land

Court Document No. _______________________; and

WHEREAS, the Grantor desires to dedicate the Roadways to the County of

Kauai upon the terms contained herein; and

WHEREAS, the County of Kauai has agreed to accept the dedication of the

Roadways upon the terms contained herein;

NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable

consideration paid by THE COUNTY OF KAUAI, a political subdivision of the State of

Hawaii, whose post office address is 4444 Rice Street, Lihue, Hawaii 96766, hereinafter

2

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referred to as “Grantee,” receipt whereof is hereby acknowledged, does hereby grant,

convey and dedicate all of that certain property more particularly described in Exhibit “A”

and depicted on Map 176 of Land Court Application 1087, a copy of which is attached

hereto as Exhibit “A-I” and both of which are expressly incorporated herein by this

reference, subject, however, to all encumbrances noted on Exhibit “A”, unto Grantee, as

TENANT IN SEVERALTY, for the public use forever for roadway purposes;

AND the reversions, remainders, rents, issues and profits thereof and all of the

estate, right, title and interest of Grantor, both at law and in equity, therein and thereto;

TO HAVE AND TO HOLD the same, together with all rights, easements,

privileges and appurtenances thereunto belonging or appertaining or held and enjoyed

in connection therewith, unto Grantee, in the tenancy as aforesaid, in fee simple;

AND Grantor, in consideration of the premises, does hereby covenant and agree

with Grantee that Grantor is lawfully seized in fee simple of the real property and rights,

that the same are free and clear of and from all encumbrances, except as described

herein, and except for the lien of real property taxes not yet by law required to be paid,

that Grantor has good right and title to sell and convey said real property as aforesaid;

and that Grantor will WARRANT AND DEFEND the same unto Grantee forever against

the lawful claims and demands of all persons.

The terms “Grantor” and “Grantee” as and when used herein and any pronouns

used in place thereof, shall mean and include the masculine, feminine or neuter, the

singular or plural number, individuals, trustees, companies or corporations, and their

and each of their respective successors, heirs, personal representatives, successor-in

trust, and assigns, according to the context thereof. All obligations undertaken by two

3

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or more persons shall be deemed to be joint and several unless a contrary intention

shall be clearly expressed elsewhere herein.

IN WITNESS WHEREOF, Grantor and Grantee have executed these

presents as of the _______ day of 14~~?Af1i~-/1 , 20 ~OF APARTMENT OWNERS

Its:

GRANTOR

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Approved as to form and legality:

~

COUNTY OF KAUA1, a political subdivisionof the State of Hawaii

By: --

By:

KEN SHIMONISHIIts: Director of Finance

JADE K. FOUNTAIN-TANIGAWAIts: County Clerk

Its: Mayor

~roved:

5

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STATE OF HAWAN )) ss.

COUNTY OF KAUAI )

On this _______ day of i’—til ~C-&f , 2O~8~ before me appeared~ i.. Li 4,’-’f ~ 66t~f) , to me personally known, who, being by me

duly sworn, did say that he/she is the (1)E~-’T of the

ASSOCIATION OF APARTMENT OWNERS OF THE VILLAS AT PUALI, that such

person executed the foregoing instrument as the free act and deed of such

person(s), and if applicable, in the capacities shown, having been duly authorized to

execute such instrument in such capacities.

Print Name: it~./1c//~’t4-c ~2-1CC(~-%~()/Notary Public, State of Hawaii

My Commission Expires: ,‘z. ~ /.i ~

NOTARY CERTIFICATION STATEMENT

Document Identification or Description:Warranty Deed

Document Date: LA~,~~t) ~i~&I)

No. of Pages: Jurisdiction: Fifth Circuit

3k// ~ :Si~nature of Notary Date of Notarization and

Certification Statement (_5A/IC C,45~ ,etCC/,~’~ 1 (Official Stamp or Seal)Printed Name of Notary

6

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STATE OF HAWAII )) ss.

COUNTY OF KAUAI )

On this _______ day of i’t-A~M~ , 2O~ before me appearedk_i4 ~Z L ~-o iZ E (≥-_ , to me personally known, who, being by me

duly sworn, did say that he/she is the ~RC-E~ of the





Print Name:A7C~S~C~~Y ,~( CC/~/3/

Notary Public, State of Hawaii

My Commission Expires: /-2~~/≥%/ ~2f


Document Identification or Description:Warranty Deed ~ cz.

DocumentDate: ~‘rf~j)No. of Pa es: I Jurisdiction: Fifth Circuit

31/~//g- uSSignature of Notary Date o Nota zation and

Certification StatementS /2CC ‘~‘9’~’~~)i (OffIcial Stamp or Seal)

Printed Name of Notary

7

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COUNTY OF KAUAI )

On this i day of Ifl≤U’cd) , 2O)~ before me appeared

ferr~v’O~ Rc~jva1hot)r, to me personally known, who, being by me

duly sworn, did say that he~s~e is the j(’.~4 tZLj Or’ of the

COUNTY OF KAUAI, a political subdivision of the State of Hawaii; that the seal affixed

to the foregoing instrument is the seal of the COUNTY OF KAUAI, and that said

instrument was signed and sealed on behalf of the COUNTY OF KAUAI by authority of

its Charter, and that such person acknowledged said instrument to be the free act and

deed of the COUNTY OF

~~Print Name:L~7I)1 L ~‘~14a~tNotary Public, State of Hawaii

My Commission Expires: /~‘.c23 ~C


Document identification or Description:Warranty Deed

Document Date: (.Lt>6L~11~fiZP

No. of Pages: 13 JurIsdiction: Fifth Circuit

~ /‘-I /8Signature of Notary Date of Notarization and

~~ ,g ~~ir Certification Statement

Printed Name of Nota’~4(Official Stamp or Seal)

S

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COUNTY OF KAUAI )

On this _______ day of ________________

Ken M. Sh~monjshj

duly sworn, did say that he/s~e is the Dire~or of Finance

COUNTY OF KAUAI, a political subdivision of the State of Hawaii; t4~at the coal aff1~e4e~

4e—tho f~ç~goinp ingtrum~nt ~ th~ ~1_~f-c~COUNTY OF KAUAI, and that said

instrument was signed ai~4-ee~on behalf of the COUNTY OF KAUAI by authority of


deed of the COUNTY OF KAUAI.

Mc~r~4~ , 20J~, before me appeared

to me personally known, who, being by me

of the

Laurie A. Ebinger-I~~k0m~Public, State of Hawaii

April 10, 2019mission Expires:



Document Date: L*fl~ c14C1~I a4- -4, mel Of no-I~o-fl 2t~-I-1orJurisdiction: Fifth Circuit

Certification Statement

9

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COUNTY OF KAUAI )

On this _______ day of ________________, 20_, before me appeared

______________________________ to me personally known, who, being by me

duly sworn, did say that he/she is the _____________________________ of the






Print Name:Notary Public, State of Hawaii

My Commission Expires:



Document Date: _____________________


Signature of Notary Date of Notarization andCertification Statement

_____________________________ (Official Stamp or Seal)Printed Name of Notary

10

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EXHIBIT “A”

All of that certain parcel of land situate at Lihue, District of Puna, Island andCounty of Kauai, State of Hawaii, being Lot 1854, as shown on Map ii~~ filed in theOffice of the Assistant Registrar of the Land Court of the State of Hawaii with LandCourt Application No. 1087 of Grove Farm Company, Limited.

Being a portion of the land described in those Transfer Certificates of Title shown onExhibit “B” attached hereto and made a part hereof.

SUBJECT, HOWEVER, to the following:

1. Designation of Easement “478”, as shown on Map 134, as set forth byLand Court Order No. 122779, filed December 14, 1995, said LandCourt Order was amended by Land Court Order No. 124059, filed April18, 1996.

2. The terms and provisions contained in the following:

INSTRUMENT: LIMITED WARRANTY DEED

DATED : September 27, 2004FILED : Land Court Document No. 3175303

3. The terms and provisions contained in the following:

INSTRUMENT: WAIVER, RELEASE AND INDEMNITYAGREEMENT

DATED : March 17, 2005RECORDED : Document No. 2005-067837PARTIES : DIAMOND PACIFIC HOMES, LLC, “Applicant”,

and DEPARTMENT OF WATER, COUNTY OFKAUA’I, “Department of Water”

(Not noted on Transfer Certificate(s) of Title referred to herein)

4. GRANT in favor of KAUAI ISLAND UTILITY COOPERATIVE, acooperative association, dated May 12, 2005, filed as Land CourtDocument No. 3292754; granting a right-of-entry and easement for utilitypurposes.

11

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Exhibit “B”

Villas at PualiLand Court Condominium Map No. 1703

List of Current Transfer Certificate of Title Numbers(as of5/19/2016 — to be updated prior to recording)

Unit No. TCT No. Unit No. TCT No. Unit No. T~ No. Unit No. T~ No.

1 1,056,402 31 810,833 61 878,337 91 1,070,119

2 838,766 32 878,311 62 1,060,675 92 1,090,099

3 961,527 33 878,312 63 1,049,341 93 1,000,834

4 843,490 34 878,313 64 878,338 94 815,891

5 858,961 35 1,104,288 65 812,432 95 811,365

6 847,514 36 1,047,639 66 811,644 96 1,068,785

7 840,648 37 1,100,038 67 878,339 97 852,507

8 1,087,354 38 1,084,221 68 1,065,479 98 1,093,542

9 1,092,246 39 816,073 69 1,076,226 99 847,471

10 1,038,057 40 815,469 70 878,342 100 868,004

11 878,309 41 989,101 71 878,343 101 870,399

12 878,310 42 1,010,749 72 1,026,631 102 1,077,365

13 1,053,146 43 1,102,448 73 986,482 103 846,327

14 974,682 44 959,908 74 878,345 104 837,784

15 851,707 45 878,321 75 849,440

16 1,095,573 46 878,322 76 807,681

17 1,030,921 47 878,323 77 1,045,160

18 1,050,080 48 878,324 78 1,073,474

19 1,098,111 49 1,018,172 79 861,847

20 837,783 50 1,097,715 80 947,909

21 833,747 51 1,085,202 81 1,085,296

22 832,757 52 1,096,293 82 1,103,804

23 847,163 53 1,068,781 83 815,877

24 915,620 54 1,065,292 84 1,062,287

25 853,761 55 878,331 85 824,153

26 827,139 56 1,033,043 86 1,033,826

27 828,385 57 878,333 87 1,043,196

28 1,037,777 58 1,053,466 88 1,087,493

29 986,617 59 1,110,093 89 822,228

30 826,787 60 1,108,830 90 820,960

1

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LAND COURT SYSTEM REGULAR SYSTEMAFTER RECORDAT~ON, RETURN TO: RETURN BY: MAIL Li PICKUP LI

County of KaualOffice of the County Clerk3371-A Wilcox RoadLihue, HI 96766 Total Page(s):

Tax Map Key: (4) 3-3-003-039 (por.)

GRANT OF EASEMENTS

THIS GRANT OF EASEMENTS is made by the ASSOCIATION OFAPARTMENT OWNERS OF THE VILLAS AT PUALI, a Hawaii condominiumassociation (“Grantor”) and THE COUNTY OF KAUAI, a political subdivision of theState of Hawaii, whose mailing address is 4444 Rice Street, Lihue, Kauai, Hawaii 96766(“Grantee”).

WHEREAS, the Grantor manages and operates the condominium projectknown as “The Villas at Puali” (the “Project”) pursuant to that certain Declaration ofCondominium Property Regime of The Villas at Puali dated January 24, 2005, recordedin the Office of the Assistant Registrar of the Land Court of the State of Hawaii asDocument No. 3245975, as amended (the “Declaration”), and noted on the TransferCertificates of Title shown on Exhibit “A-I” attached hereto and made a part hereof; and

WHEREAS, the Condominium Map No. 1703 was recorded in said Office;and

WHEREAS, Section XXIV of the Declaration states that the roadways andsidewalks of the Project (the “Roadways”) are common elements for which the Grantoris responsible until the Roadways are dedicated to the Grantee; and

WHEREAS, Section XXIV of the Declaration further contemplates that theRoadways will be dedicated to the Grantee upon final subdivision approval of theproject;

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WHEREAS, the Project obtained final subdivision approval as shown onMap 176 of Land Court Application 1087 and by Land Court Order No. 166469 filedJune 14, 2006; and

WHEREAS, pursuant to Sections XX and XXIV of the Declaration eachowner upon acquiring title to a unit in the Project consented to the dedication of theRoadways, the granting of easements and the recording of all documents necessary toeffect the same; and

WHEREAS, the Grantee, as part of the dedication of the Roadways,requires Grantor to grant to the Grantee certain Easements as more particularlydescribed herein; and

WHEREAS, the Easement Areas, as hereinafter defined, are part of thecommon elements of the Project and are shown on the Condominium Map; and

WHEREAS, to the extent the Easement designated as easement D-2 onthe Condominium Map and Easement “652” on Land Court Map 176 of Land CourtApplication 1087 may affect the limited common elements appurtenant to apartments 31and 32 of the Project, the owners of those apartments join in and consent to this Grantof Easements;

NOW, THEREFORE, that Grantor, in consideration of the sum of One Dollar($1.00) and other good and valuable consideration to Grantee, the receipt andsufficiency of which is hereby acknowledged, and the covenants hereinafter containedto be observed and performed by the parties hereto, does hereby grant and conveyunto Grantee, its successors and assigns, those certain easements described in Exhibit“A” (the “Easements”), which Easements are shown on Land Court Map 176 of LandCourt Application 1087, a copy of which is attached hereto Exhibit “B” and made a parthereof, and which Easements are more particularly identified on the enlarged portionsof said Land Court Map 176 attached hereto as Exhibits “B-I” and “B-2” and made apart hereof, all Easements being over, across, under and through portions of Land (the“Easement Areas”), for the construction, reconstruction, installation, operation,maintenance, repair and removal of appropriate facility, structure or structures, togetherwith reasonable rights of ingress and egress at all reasonable times to and from theEasement Areas over the land of Grantor, for the respective purposes described inExhibit “A” as to each Easement.

TO HAVE AND TO HOLD the same unto Grantee for the respective purposesdescribed in Exhibit “A” as to each Easement, for so long as so used and not otherwise.

In consideration of the premises, Grantor and Grantee hereby covenant andagree as follows:

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1. That should Grantee in any way disturb the surface of the Easement Areas,Grantee shall at its own expense, restore the surface to its original condition tothe extent such restoration is reasonable;

2. That Grantee shall perform all necessary and desirable maintenance and repairsto the Easement Areas, at Grantee’s sole expense, so as to maintain theEasement Areas in a neat and safe condition and Grantee shall indemnify,defend and hold Grantor harmless from and against all damage to Grantor’sproperty and all liability for injury to or the death of persons when such damage,injury, or death is caused by the negligence of Grantee, its officers, agents andemployees in connection with the Easement Areas;

3. That after the original construction and/or installation of said facility, structure orstructures, the expense of any move or relocation thereof shall be borne by theparty requesting the same;

4. That Grantor shall not erect any foundation of any kind below the surface of anyEasement Area or at any time erect any facility, structure or structures of anykinds or any walls or fences or hedges or plantings of any kind above or on thesurface of any Easement Area, unless the construction or installation of the sameshall not interfere with Grantee’s use, ingress to, or egress from, the EasementAreas and Grantee’s adjacent properties;

5. That Grantee shall not assign its rights to the Easement Areas without the priorconsent of Grantor;

6. That Grantor covenants with Grantee that Grantor manages and operates theLand subject to the Easement Area and has the authority to grant the easementsgranted herein;

7. That this Grant of Easements shall run with the Land and shall be binding uponGrantor and all future owners of the Land;

8. That any rights granted herein to Grantee by Grantor pertaining to the EasementAreas shall cease and the respective Easement Area shall immediately andwithout Grantor’s re-entry revert to Grantor when such Easement Area shallcease to be used for said respective purposes for a period of two (2) consecutiveyears, when such Easement Areas shall cease to be used for the benefit of theLand or the general public, when the Grantee makes use of the Easement Areafor an improper purpose, or if the Easement Area is condemned or taken by anyauthority exercising the power of eminent domain.

The terms “Grantor” and “Grantee” as and when used herein and any pronounsused in place thereof, shall mean and include the masculine, feminine or neuter, thesingular or plural number, individuals, trustees, companies or corporations, and each oftheir respective successors, heirs, personal representatives, successor-in-trust, and

3

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assigns, according to the context thereof. All obligations undertaken by two or morepersons shall be deemed to be joint and several unless a contrary intention shall beclearly expressed elsewhere herein.

The undersigned owners of apartments 31 and 32 of the Project (“Owners”)hereby join in and consent to this Grant of Easement.

This instrument may be executed in two or more counterparts, each of whichshall be deemed to be an original, but all of which shall constitute one and the sameinstrument. All of such counterpart signature pages shall be read as one, and they shallhave the same force and effect as though all the signers had signed a single signaturepage.

IN WITNESS WHEREOF, Grantor, Grantee and Owners have executed thisdocument on the day and year first above written.

THE ASSOCIATION OF APARTMENT OWNERSOF THE VILLAS AT P ____

By: _______________________________

/,g/://,~~ ~Its:

By:

~, ~- L4~ ~1 L.4~ I

‘~~bf~4 /~5~

Its: ~a~k~~7- ~rh~i, ,~44k~

GRANTOR

4

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Approved:

Co~ty Engineer

Approved as to form and legality:

~

COUNTY OF KAUAI, a political subdivisionof the State of Hawaii

By: _________


By:JADE K. FOUNTAIN-TANIGAWAIts: County Clerk

GRANTEE

Its: Mayor

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OWNERS OF APARTMENT 31

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OWNERS OF APARTMENT 32

ris Rita Kirkeby

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STATE OF HAWAII )ss.

COUNTY OF KAUAI

On this ______ day of M ~ ~ , 2OI~ before me appearedL L (/1~~A i~E~?,~.Ji1 P!) , to me personally known, who, being by me

duly sworn, did say that he/she is the ____________________________ of the





Print Name:4/,C1C~,4~S~,cCi4~r)/Notary Public, State of Hawaii

My Commission Expires: i~ ~ f

NOTARV CERTIFICATION STATEMENT

Document Identification or Description:Grant of Easements

Document Date:

No. of Pa es:I~ Jurisdiction: Fifth Circuit

3/~5/~Signature of Notary Date of Notarization and

Certification Statement/1./CC ,‘/.~c 45 /~-~ 7/9i?~) / (Official Stamp or Seal)Printed Name of Notary

8

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STATE OF HAWAII )ss.

COUNTY OF KAUAI )

.~4f _____

On this 5 day of ,A_~(4,~’( “~ , 2O1~7 before me appeared~ (_ hC/~ ~EE~ , to me personally known, who, being by me

duly sworn, did say that he/she is the ~) I C7~E ~ -~AJT of the





L 5 Print Name:/1/C r-/~ ,~ Y R /C~7,-.~1)/Notary Public, State of Hawaii

My Commission Expires: ,‘~ ~ /~-i



Document Date: __________________

No. of Pages: I Jurisdiction: Fifth Circuit

3/~//~ S

~ignature of Notary Date of Notarization andCertification Statement

! C,/~,(4t-5 72( CC,-~4-/~,~) / (Official Stamp orS~a1)Printed Name of Notary

9

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COUNTYOFKAUAI )

On this P4th day of 1~o.rd~ , 2Ol~ before me appearedj~rr~trd%p.Crva~t~boIJr., to me personally known, who, being by me

duly sworn, did say that he/e1~e is the t”-4tL~/jOr of the








Document Date: Lt_fl€1 ~i:~i3No. of Pages:~~_ Jurisdiction; Fifth Circuit

Slgnat re o Notary

14t~i L.Ac7~IPrinted Name of Nà~ary

Date of Notarization andCertification Statement

(Official Stamp or Seal)

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COUNTY OF KAUAI )

On this _______ day of Mc~rc’h , 2O~, before me appearedKen M. Shimonish! , to me personally known, who, being by me

duly sworn, did say that he/s* is the Director of Finance of the

COUNTY OF KAUAI, a political subdivision of the State of Hawaii; that the seal affbodQ’~..__—

to—the Iuie~yuiiiy iri~I.iurnentis the sedl vi {I~&..cOUNTY OF KAUAI, and that said

instrument was signed and oc8~~n behalf of the COUNTY OF KAUAI by authority of



Laurie A. EI~iiig~r-KeIekom~Public, State of Hawaii

iission Expires: April 10, 2019


Document Date: Undt~IetI a4-4irr~ Of noI-Oxi 2af~nNo at Pa es Jurisdiction: Fifth Circuit

S~ure~~y~Ik MQr~.), ~ SDate of Notarization andLaurie a Certification Statement

Printed Name of Notary

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COUNTY OF KAUAI )

On this _______ day of ________________, 20_, before me appeared












Document Date: _____________________

No. of Pages: — Jurisdiction: Fifth Circuit


_____________________________ (Official Stamp or Seal)Printed Name of Notary

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STATE OF HAWAH )) ss.

COUNTYOFKAUAI )

On this ______ day of ~r~cUc~c) , 2O~, before me appeared JAMES

MICHAEL KAWAIHALAU and VANESSA NAOKO YATSUOKA, to me personally known,

who each, being by me duly sworn, did say that such person executed the

foregoing instrument as the free act and deed of such person(s), and if applicable, in the

capacities shown, having been duly authorized to execute such instrument in such

capacities.

Prjj~t NamezThe)~Notary Public, State of Hawaii

My Commission Expires: it? oc’~- .~-c3i ~



Document Date: _________________


Sign4ture of Notary—._.....) Da e of Notarization andCertification Statement

ZTh,pA (~ ~çp~fl~> (Official Stamp or Seal)Printed Name of Notary

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State of Hawaii

SS

County of Kauai

On this 15 day of __________________, 20’B, before me a Notary Public, personally

appeared Ot’S liQr1ou.~ ~<.~r~eby and OOr~ ~ 4~r~.tby , to me known to be

the person(s) described in and who executed this (0 page instrument and acknowledged

that ________ executed the same as -~-hc.~C free act and deed.

Corinne SimaoNotary PublicFifth Circuit CourtCommission Expire: 10/30/2021

Commission Number: 05-651

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EXHIBIT “A”

1. EASEMENT “647” (shown as Easement A on Condominium Map 1703)

PURPOSE: access and utilitySHOWN: on Map 176, as set forth by Land Court Order No. 166469,

filed June 14, 2006AFFECTS: Lot 1841, Map 176, Land Court Application 1087

2. EASEMENT “648” (shown as Easement B on Condominium Map 1703)



3. EASEMENT “649” (shown as Easement B-I on Condominium Map 1703)

PURPOSE: bus stopSHOWN: on Map 176, as set forth by Land Court Order No. 166469,


4. EASEMENT “651” (shown as Easement D-1 on Condominium Map 1703)

PURPOSE: drainSHOWN: on Map 176, as set forth by Land Court Order No. 166469,


5. EASEMENT “652” (shown as Easement D-2 on Condominium Map 1703)



Said easements and lots are noted on those Transfer Certificates of Title shown onExhibit “A-I” attached hereto and made a part hereof.

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Exhibit “A-i”


List of Current Transfer Certificate of Title Numbers(as of5/19/2016 — to be updated prior to recording)

Unit No. itT No. Unit No. TCT No. Unit No. TCT No. Unit No. T~ No.

1 1,056,402 31 810,833 61 878,337 91 1,070,119

2 838,766 32 878,311 62 1,060,675 92 1,090,099

3 961,527 33 878,312 63 1,049,341 93 1,000,834

4 843,490 34 878,313 64 878,338 94 815,891

5 858,961 35 1,104,288 65 812,432 95 811,365

6 847,514 36 1,047,639 66 811,644 96 1,068,785

7 840,648 37 1,100,038 67 878,339 97 852,507

8 1,087,354 38 1,084,221 68 1,065,479 98 1,093,542

9 1,092,246 39 816,073 69 1,076,226 99 847,471

10 1,038,057 40 815,469 70 878,342 100 868,004

11 878,309 41 989,101 71 878,343 101 870,399

12 878,310 42 1,010,749 72 1,026,631 102 1,077,365

13 1,053,146 43 1,102,448 73 986,482 103 846,327

14 974,682 44 959,908 74 878,345 104 837,784

15 851,707 45 878,321 75 849,440

16 1,095,573 46 878,322 76 807,681

17 1,030,921 47 878,323 77 1,045,160

18 1,050,080 48 878,324 78 1,073,474

19 1,098,111 49 1,018,172 79 861,847

20 837,783 50 1,097,715 80 947,909

21 833,747 51 1,085,202 81 1,085,296

22 832,757 52 1,096,293 82 1,103,804

23 847,163 53 1,068,781 83 815,877

24 915,620 54 1,065,292 84 1,062,287

25 853,761 55 878,331 85 824,153

26 827,139 56 1,033,043 86 1,033,826

27 828,385 57 878,333 87 1,043,196

28 1,037,777 58 1,053,466 88 1,087,493

29 986,617 59 1,110,093 89 822,228

30 826,787 60 1,108,830 90 820,960

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LOT 18109,684 Sq. Ft

LOT 18059,692 Sq. Ft

LOT 18449,469 Sq. Ft

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LOT 181313,055 Sq. Ft.

LOT 1572(Mop 14~)

I11,E

LOT 18058,928 Sq. F

LOT 18048,876 Sq. Ft.

LOT 18059,692 Sq. Ft.

iw$mIww 51000(Map 149)

Lot 1573Odap 149)

LOT 18028,383 Sq. Ft.

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LAND COURT SYSTEM REGULAR SYSTEMAFTER RECORDATION, RETURN TO: RETURN BY: MAIL LI PICKUP LI

County of KauaiOffice of the County Clerk3371-A Wilcox RoadLihue, HI 96766 Total Page(s):

Tax Map Key: (4) 3-3-003-039 (por.)

GRANT OF EASEMENTS

THIS GRANT OF EASEMENTS is made by GROVE FARMPROPERTIES, INC., a Hawaii corporation (‘Grantor”), and THE COUNTY OF KAUAI, apolitical subdivision of the State of Hawaii, whose mailing address is 4444 Rice Street,Lihue, Kauai, Hawaii 96766 (“Grantee”).

WITNESSETH

That Grantor, in consideration of the sum of One Dollar ($1.00) and other goodand valuable consideration to Grantee, the receipt and sufficiency of which is herebyacknowledged, and the covenants hereinafter contained to be observed and performedby the parties hereto, does hereby grant and convey unto Grantee, its successors andassigns, those certain easements described in Exhibit “A” (the ‘Easements”), whichEasements are shown on Land Court Map 176 of Land Court Application 1087, a copyof which is attached hereto Exhibit “B” and made a part hereof, and which Easementsare more particularly identified on the enlarged portions of said Land Court Map 176attached hereto as Exhibits “B-I” and “B-2” and made a part hereof, all Easementsbeing over, across, under and through portions of Land (the “Easement Areas”), for theconstruction, reconstruction, installation, operation, maintenance, repair and removal ofappropriate facility, structure or structures, together with reasonable rights of ingressand egress at all reasonable times to and from the Easement Areas over the land ofGrantor, for the respective purposes described in Exhibit “A” as to each Easement.

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TO HAVE AND TO HOLD the same unto Grantee for the respective purposesdescribed in Exhibit ‘A” as to each Easement, for so long as so used and not otherwise.

In consideration of the premises, Grantor and Grantee hereby covenant andagree as follows:

1. That should Grantee in any way disturb the surface of the Easement Areas,Grantee shall at its own expense, restore the surface to its original condition tothe extent such restoration is reasonable;

2. That Grantee shall perform all necessary and desirable maintenance and repairsto the Easement Areas, at Grantee’s sole expense, so as to maintain theEasement Areas in a neat and safe condition and Grantee shall indemnify,defend and hold Grantor harmless from and against all damage to Grantor’sproperty and all liability for injury to or the death of persons when such damage,injury, or death is caused by the negligence of Grantee, its officers, agents andemployees in connection with the Easement Areas;

3. That after the original construction and/or installation of said facility, structure orstructures, the expense of any move or relocation thereof shall be borne by theparty requesting the same;

4. That Grantor shall not erect any foundation of any kind below the surface of anyEasement Area or at any time erect any facility, structure or structures of anykinds or any walls or fences or hedges or plantings of any kind above or on thesurface of any Easement Area, unless the construction or installation of the sameshall not interfere with Grantee’s use, ingress to, or egress from, the EasementAreas and Grantee’s adjacent properties;

5. That Grantee shall not assign its rights to the Easement Areas without the priorconsent of Grantor;

6. That Grantor covenants with Grantee that is the lawful owner of the Land subjectto the Easement Areas, that Grantor has good right and title to grant theEasements, and that Grantor will warrant and defend the same unto Granteeagainst lawful claims and demands of said persons;

7. That this Grant of Easements shall run with the Land and shall be binding uponGrantor and all future owners of the Land;

8. That any rights granted herein to Grantee by Grantor pertaining to the EasementAreas shall cease and the respective Easement Area shall immediately andwithout Grantor’s re-entry revert to Grantor when such Easement Area shallcease to be used for said respective purposes for a period of two (2) consecutiveyears, when such Easement Areas shall cease to be used for the benefit of theLand or the general public, when the Grantee makes use of the Easement Area

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for an improper purpose, or if the Easement Area is condemned or taken by anyauthority exercising the power of eminent domain.

The terms “Grantor” and “Grantee” as and when used herein and any pronounsused in place thereof, shall mean and include the masculine, feminine or neuter, thesingular or plural number, individuals, trustees, companies or corporations, and each oftheir respective successors, heirs, personal representatives, successor-in-trust, andassigns, according to the context thereof. All obligations undertaken by two or morepersons shall be deemed to be joint and several unless a contrary intention shall beclearly expressed elsewhere herein.

This instrument may be executed in two or more counterparts, each of whichshall be deemed to be an original, but all of which shall constitute one and the sameinstrument. All of such counterpart signature pages shall be read as one, and they shallhave the same force and effect as though all the signers had signed a single signaturepage.

IN WITNESS WHEREOF, Grantor and Grantee have executed this document onthe day and year first above written.

GROVE FARM PROPERTIES, INC.a Hawaii corporation

By: ~

David Hinazun~F’

Its: Vice President

Blanche R. MatSUV~’~

Trec~surOr

GRANTOR

By:

Its:

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COUNTY OF KAUAI, a political subdivisionof the State of Hawaii

By:1~’~ 4~-~_~

By:


JADE K. FOUNTAIN-TANIGAWAIts: County Clerk

GRANTEE

Aprv

Co n Engineer

Appro ed

C unty Attorney ~

Its: Mayor

as to form and legality:

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COUNTY OF KAUAI )

On this ______ day of MAl MI , 2OIc~’ before me appearedDavid Hinazumi and dlanche R. MatsUy8me , to me

personally known, who, being by me duly sworn, did say that they are theVice President and TreasurE~ , respectively, of GROVE

FARM PROPERTIES, INC., that such persons executed the foregoing

instrument as the free act and deed of such persons, and if applicable, in the capacities

shown having been duly authorized to execute such instrument in such capacities.

£.LA41

Pi~int N~m~ Shary) E. Lam YuenNotary Public, State of Hawaii



It~~ Jurisdiction: Fifth Circuit

1~~’ hAR-52018Date of Notarization andCertification Statement

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STATE OF HAWAII

COUNTY OF KAUAI) ss.

On this ______ day of /11a,rc~h , 2O1~ before me appeared

ø~rr~ar~4 f~c~.ruaihod~to me personally known, who, being by me

duly sworn, did say that heIe1i~ is the /-‘l of the





deed of the COUNTY OF~i1~NPP’


Document Date: ____________________

No. of Pages: i~L~o~to~t2~t

Signature of Notary

La1’)JL .4~,1—

Jurisdiction: Fifth Circuit

I3f~I~Date of Notarization andCertification Statement


Printed Name of Not~’ry

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COUNTY OF KAUAI )

On this ~.S~!1 day of ________________

Ken M. Shimoniduly sworn, did say that he/she is the _____________________________

COUNTY OF KAUAI, a political subdivision of the State of Hawaii; that thc-oeaI affix’eefQ.-~..

to tho—forogeing-instrumont. i~ thc oool of t[~.~COUNTY OF KAUAI, and that said

instrument was signed a~ ossI~&n behalf of the COUNTY OF KAUAI by authority of



March , 2Oj.~ before me appeared

shitO me personally known, who, being by meDirector of Finance of the

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COUNTY OF KAUAI )

On this _______ day of ________________ 20_, before me appeared












Document Date: ______________________



________________________________ (Official Stamp or Seal)Printed Name of Notary

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EXHIBIT “A”

1. EASEMENT “650”


filed June 14, 2006AFFECTS: Lot 1573, Map 149, Land Court Application 1087NOTED ON: TCT NO. 609,955

2. EASEMENT “653”


filed June 14, 2006AFFECTS: Lot 1572, Map 149, Land Court Application 1087NOTED ON: TCT NO. 609,955

END OF EXHIBIT “A”

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LAND COURTSTATE OF HAWAII

LAND COURTAPPUGAIION 1007

SIJODWISION OF LOT 102? AS SHOWN ON MAP 13.~INTO LOtS 1002 TO 1II50~ INCLUSIVE,

AND DESIDNAT106 OF EASEMENTS 54770 563. INCLUSIVEAT LFHuE. PIJNA. KAUAI,RAWAII

vsa~uRrrnm.JoR*.niAINc.

~ ~,~.

O9DCi 511195 tAOflCiiOIItS. 11.6TR1JICINCICATIO11ILEZ NI.XztiA 111710111151 OIINZNI19419OINRTILS.INC.nW71,wcmTrnnAxzo. 1(71.5 Cl.,53114l1,7)

AUIIIGNCII $111 nflqiw IT8~ (7 TIE 310515’ ThE Ulo 9511011151 .SUlflSO.1000515101.601 06061*1.

tt~Ii01s 5’ 061.510 06171

~~W~~5111

(1 07 00.0% Ui 1.1?. 151 1* 05006517110.n44ui 140030575°‘0Oflit.%1i.flI(703..51%,,.005104194 •0,51,51 001U....o..o. - ,.,_5190,14010(7005~141414.51140541.‘0’0Ci14fl.~~tni~-514*,. ii.

51904?400.7.01,11.44(7.. 900.05

flit .51050590419r00, 011060.14 t.fl_00604r04..&o,i4 444.0405,7.ti~I00t 6it10~ 14 1010 04% 71Oifl*..ii~~i~t~ _,UO. ft

50401 042 .11(7% ‘41 III, .. 134 7% II.

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TRANS1~E}R C~TIIz9CATE C

AUTHORIZED AND APPROVED B’OF THE LAND COURT DATED ~BY ORDER OF THE COURT.

LOT 1572

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ZId

,1/~I—9

I-3

SooJo: 1 ln,~lO ft.

LOT 1572(Map 149)

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LAND COURT SYSTEM REGULAR SYSTEMReturn by: Mail [ J Pickup [ J To:

RICHARD S. EKIMOTO, ESQ.888 Mililani Street, 2nd Floor, Flonolulu, HI 96813Telephone: (808) 523-0702G:\CL1ENTW~VfLLAS AT PUAL1~2-GM\Roadway Dedicaüon~F1NAL am~ndrncnt to rcmovc to~d~vay 101 wpd This document contains 6 pages

AMENDMENT TO THE DECLARATION OF CONDOMINIUMPROPERTY REGIME OF THE VILLAS AT PUALI

WHEREAS, by the Declaration of Condominium Property Regime of The Villas atPuali, dated January 24, 2005, filed in the Office of the Assistant Registrar of the Land Court, Stateof Hawaii as Document No. 3245975 and noted on the Transfer Certificate of Title Numbers listedin Exhibit “A”, the property described in the Declaration was submitted to a Condominium PropertyRegime established by Chapter 51 4A of the Hawaii Revised Statues (“I-IRS”), as amended.

WHEREAS, the Declaration provided for the organization of the Association ofApartment Owners of The Villas at Puali (the “Association”) and established Bylaws therefor, whichBylaws of the Association of Apartment Owners of The Villas at Puali, dated January 24, 2005, werefiled in said Office as Land Court Document No. 3245976 and noted on the Transfer Certificate ofTitle Numbers listed on Exhibit “A”.

WHEREAS, simultaneously with the recording of the Declaration and the Bylawsof the Association, the Condominium Map No. 1703 was filed in the said Office describing theimprovements to the project.

WHEREAS, the Declaration was amended by instrument dated September 21, 2005,and filed in said Office as Land Court Document No. 3340629, by instrument dated June 16, 2006,

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and filed in said Office as Land Court Document No. 3441794, and by instrument dated August 29,2006, and filed in said Office as Land Court Document No. 3477115.

WHEREAS, Section XXIV of the Declaration provides that each owner acquiringan interest in the Project consents to the dedication of the roadway and sidewalk lots for the Projectand to the recording of any and all documents necessary to effect the same, including anyamendments of the Declaration;

WHEREAS, Lot 1854 as shown on Map 176, filed in the Office of the AssistantRegistrar of the Land Court of the State of Hawaii with Land Court Application No. 1087 of GroveFarm Company, Ltd., (the “Roadway Lot”) is the lot containing the roadways and sidewalks for theProject; and

WHEREAS, the Association desires to dedicate the Roadway Lot by conveyance tothe County of Kauai; and

WhEREAS, the Roadway Lot must be removed from the property submitted to thecondominium property regime prior to dedication of the lot by conveyance to the County of Kauai;and

WHEREAS, the Association desires to amend the Declaration and the CondominiumMap to remove the Roadway Lot from the condominium property regime.

NOW, THEREFORE, the Declaration, as it may have been amended is herebyamended as follows:

AMENDMENT

1. Exhibit A is amended to delete the Roadway Lot (Lot 1854, 123,319 square feet)from the lots listed on the exhibit.

IN ALL OTHER RESPECTS, the Declaration, as amended, is hereby ratified andconfirmed and shall be binding upon and inure to the benefit of the parties hereto and their respectivesuccessors and assigns.

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IN WITNESS WHEREOF, the undersi ed have executed these presents as of the~Th day of KY1i9i~t~)4 ,201t

ASSOCIATION OF APARTMENT OWNERS OFTHE VILLAS AT

By:

Type NameIts: J /IhZA’ ~~1T

~A~ h~Type NameIts:

~(2~//24I)

By:

-3-

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STATE OF FIAWAIT )55.

COUINJTY OF KAUAI )

On this __________ day of ~~ , 2O~ in the Fifth Circuit ofthe State of Hawaii, before me personally appeared ~ ‘— ‘- I 4it~’f ~ ~ f~-4 ~-1) , personallyknown to me or proven to me on the basis of satisfactory evidence, who being duly sworn oraffirmed, did say that such person is the ~? ~ ci ~) i~ AJT of the Associationof Apartment Owners of The Villas at Puali, that said person executed the foregoing instrumentidentified or described as “AMENDMENT TO THE DECLARATION OF CONDOMINIUMPROPERTY REGIME OF THE VILLAS AT PUALI” as such person’s free act and deed on havingbeen duly authorized to execute such instrument in such capacity.

The foregoing instrument is dated LA~JS) ~ A~FE ~ and contained6 pages at the time of this acknowledgment/certificat~.

‘~NTotary Public, State of Hawaii

jt/ / C ‘4~ S /21 c C 7’ 4,~ ~) /Printed Name of Notary PublicMy Commission Expires: / ~ /~‘ /~ /

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STATE OF HAWAII )

55.

COUNTY OF KAUAI )

On this ‘3 day of /4≤-/4PCIVState of Hawaii, before me personally appeared VA ìa t~known to me or proven to me on the basis of satisfactory evidence, who being duly sworn oraffirmed, did say that such person is the ~) I C E I~ES /~) EFVT of the Associationof Apartment Owners of The Villas at Puali, that said person executed the foregoing instrumentidentified or described as “AMENDMENT TO THE DECLARATION OF CONDOMINIUMPROPERTY REGIME OF THE VILLAS AT PUALI” as such person’s free act and deed on havingbeen duly authorized to execute such instrument in such capacity

The foregoing instrument is dated (~A~ ~ t~ ~ TFL) and contained6 pages at the time of this acknowledgment/certification.

Notary Public, State of Hawaii

A//C~k~,45~ ~(~Cu,~-t)/Printed Name of Notary PublicMy Commission Expiies: /~ /o ci /~ /

2Oj~ in the Fifth Circuit,,‘E O,E ,E,~ personally

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Exhibit “A”


List of Current Transfer Certificate of Title Numbers(as of 5/19/2016 — to be updated prior to recording)

Unit No. T~ No. Unit No. TCT No. Unit No. TCT No. Unit No. TCT No.

1 1,056,402 31 810,833 61 878,337 91 1,070,119

2 838,766 32 878,311 62 1,060,675 92 1,090,099

3 961,527 33 878,312 63 1,049,341 93 1,000,834

4 843,490 34 878,313 64 878,338 94 815,891

5 858,961 35 1,104,288 65 812,432 95 811,365

6 847,514 36 1,047,639 66 811,644 96 1,068,785

7 840,648 37 1,100,038 67 878,339 97 852,507

8 1,087,354 38 1,084,221 68 1,065,479 98 1,093,542

9 1,092,246 39 816,073 69 1,076,226 99 847,471

10 1,038,057 40 815,469 70 878,342 100 868,004

11 878,309 41 989,101 71 878,343 101 870,399

12 878,310 42 1,010,749 72 1,026,631 102 1,077,365

13 1,053,146 43 1,102,448 73 986,482 103 846,327

14 974,682 44 959,908 74 878,345 104 837,784

15 851,707 45 878,321 75 849,440

16 1,095,573 46 878,322 76 807,681

17 1,030,921 47 878,323 77 1,045,160

18 1,050,080 48 878,324 78 1,073,474

19 1,098,111 49 1,018,172 79 861,847

20 837,783 50 1,097,715 80 947,909

21 833,747 51 1,085,202 81 1,085,296

22 832,757 52 1,096,293 82 1,103,804

23 847,163 53 1,068,781 83 815,877

24 915,620 54 1,065,292 84 1,062,287

25 853,761 55 878,331 85 824,153

26 827,139 56 1,033,043 86 1,033,826

27 828,385 57 878,333 87 1,043,196

28 1,037,777 58 1,053,466 88 1,087,493

29 986,617 59 1,110,093 89 822,228

30 826,787 60 1,108,830 90 820,960

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bernard p. carvaiho jr. mauna kea trask

Documents