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STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

Land DivisionHonolulu, Hawaii 96813

January 27,2017

Board of Land and Natural Resources PSF No.: 16HD-153State of HawaiiHonolulu, Hawaii Hawaii

Grant of Perpetual, Non-Exclusive Easement to Harold I. and Jane F. Uyeno for AccessPurposes, Kaiaakea, North Hilo, Hawaii, Tax Map Key: (3) 3-4-003:011.

APPLICANT:

State of Hawaii, Department of Transportation - Highways Division, on behalf ofHarold 1. and Jane F. Uyeno, husband and wife, as Tenants by the entirety

LEGAL REFERENCE:

Section 171-13 & 171-95, Hawaii Revised Statutes, as amended.

LOCATION:

Portion of Government lands of Kaiaakea, North Hilo, Hawaii, identified by Tax Map Key:(3) 3-4-003:011, as shown on the attached map labeled Exhibit A.

AREA:

0.364 acres, more or less.

ZONING:

State Land Use District: AgriculturalCounty of Hawaii CZO: A-20a (agricultural 20 acre min.)

TRUST LAND STATUS:

Section 5(b) lands of the Hawaii Admission ActDHHL 30% entitlement lands pursuant to the Hawaii State Constitution: YES

D-5

BLNR - Issuance of Access Easement Page 2 January 27,2017to Harold & Jane Uyeno; Kaiaakea,North Hilo, Hawaii; TMK: (3)3-4-003:011

CURRENT USE STATUS:

Encumbered by General Lease No. S-6090, Maulua Homesteads Owners' Association,Lessee, for access purposes. Lease to expire on April 24, 2063.

Encumbered by Land Office Deed No. S-29,035, James A. Scanlon and Sarah N.Scanlon, tenants by the entirety, easement for access purposes.

CHARACTER OF USE:

Right, privilege and authority to construct, use, maintain and repair a right-of-way over,under and across State-owned land for access purposes.

COMMENCEMENT DATE:

To be determined by the Chairperson.

CONSIDERATION:

Gratis.

EASEMENT TERM:

Perpetual.

CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:

In accordance with Hawaii Administrative Rule Sections 11-200-8(a)(1) & (4) and theExemption List for the Department of Land and Natural Resources approved by theEnvironmental Council and dated June 5, 2015, the subject request is exempt from thepreparation of an environmental assessment pursuant to Exemption Class No. 1, thatstates "Operations, repairs or maintenance of existing structures, facilities, equipment, ortopographical features, involving negligible or no expansion or change of use beyondthat previously existing", Item No. 46 " Creation or termination of easement, covenants,or other rights in structures or land." See attached Exhibit B.

DCCA VERIFICATION:

Not applicable. The Applicant is a government entity acting on behalf of a privatelandowner, which neither are required to register with DCCA.

APPLICANT REQUIREMENTS:

Applicant shall be required to:

1) Provide proof of current ownership of dominant tenement parcel being served bythe easement.

BLNR - Issuance of Access Easement Page 3 January 27,2017to Harold & Jane Uyeno; Kaiaakea,North Hilo, Hawaii; TMK: (3)3-4-003:011

REMARKS:

The State of Hawaii, Department of Transportation - Highways Division (DOT) isrequesting that the Board of Land and Natural Resources grant an access easementover lands under the control of DLNR-Land Division to correct a past oversight during aland exchange that benefitted DOT.

The subject State parcel identified as Tax Map Key: (3) 3-4-003:011 is former sugar canelands. Sometime prior to 1 936, the Laupahoehoe Sugar Company under former GeneralLease No. 2388 (followed by General Lease No. S-3616) paved and maintained a canehaul road from the Hawaii Belt Road to the mauka cane fields. This cane haul road isdelineated on C.S.F. map #7103, dated 6/13/34, as a "field road". The general leasemaps indicate this "road" was 30 feet wide and approximately 528 feet long. It functionedto allow access from the Hawaii Belt Road to the cane fields above. Refer to attachedExhibit C for above referenced maps.

During the Hawaii Belt Road Project SDR-3(15), the "Old Government Road" waswidened and ingress and egress was systematically restricted to accommodate thehigher traffic volume and speeds anticipated on the improved highway. Vehicular accesswas permitted only at designated places; the 30 foot wide cane haul road was the onlypermitted access on the mauka side of the new highway for the entire distance betweengulches.

At its meeting on March 9, 1951, in furtherance of the Hawaii Belt Road Project, theBoard of Public Lands authorized a land exchange between Mr. & Mrs. Uyeno and theTerritory of Hawaii. The transaction provided a 2.00 acre parcel subdivided from thesubject parcel to Mr. & Mrs. Uyeno in exchange for four (4) parcels of land totaling 2.302acres owned by Mr. & Mrs. Uyeno.

Due to the existence of this "30 foot road reserve" (cane haul road) on the maps of theday and physically on the ground, it was assumed this road would provide access to thenewly created parcel given to Mr. & Mrs. Uyeno. This is plainly clear in reviewing LandPatent Deed No. 12,187 which includes a provision to prohibit vehicle access directlyfrom the highway but does not include a provision for access over the "30' foot road".Refer to attached Exhibit D.

Staff is recommending the easement be granted for gratis as a fair and equitableresolution to this situation. The original intent was to exchange parcels of "equal" value.Without access, the transaction was not an equal value exchange.

The Board has previously granted two access easements over this same corridor, one toa neighboring property that was acquired by Laupahoehoe Sugar Company through anexchange with the Territory of Hawaii (during the Hawaii Belt Road Project) and one toMaulua Homesteads Owners' Association to allow direct and timely access to upperhomestead roads.

The County of Hawaii, Department of Public Works does not recognize this "30 foot roadreserve" as a public road. Currently, it serves as a driveway for access to the subjectparcel which Land Division is planning to offer for lease at public auction in the nearfuture. Granting of this easement would not further impact the subject parcel as there two

BLNR - Issuance of Access Easement

to Harold & Jane Uyeno; Kaiaakea,North Hilo, Hawaii; TMK: (3)3-4-003:011

Page 4 January 27,2017

other prior easements over this driveway.

The Uyenos have not had a lease, permit, easement or other disposition of State landsterminated within the last five years due to non-compliance with such terms andconditions.

Request for comments were sent to the agencies listed in the following table withresponses as indicated:

State Agencies

DHHLDLNR - Forestry & Wildlife

DOT - Highways

Hawaii County Agencies

Planning Dept.

Other Agencies & Interested Parties

Office of Hawaiian Affairs

Response.; 11-1 :11^:^1;::::, ; •1 ^

No Response

No Response

No Response

Response

No ObjectionsResponse'.,1'^' 1;/;: -. ! :: :111;:::11,: 1: J.

No Response

The proposed use has continued since the 1930's and two other easements are currentlyin place over the same land area. Such use has resulted in no known significant impacts,whether immediate or cumulative, to the natural, environmental and/or cultural resourcesin the area. As such, staff believes that the proposed use would involve negligible or noexpansion or change in use of the subject area beyond that previously existing.

RECOMMENDATION: That the Board:

1. Declare that, after considering the potential effects of the proposed disposition asprovided by Chapter 343, HRS, and Chapter 11-200, HAR, this project willprobably have minimal or no significant effect on the environment and is thereforeexempt from the preparation of an environmental assessment.

2. Authorize the subject request to be applicable in the event of a change in theownership of the abutting parcel described as Tax Map Key: (3) 3-4-003:045,provided the succeeding owner has not had a lease, permit, easement or otherdisposition of State lands terminated within the last five (5) years due to non-compliance with such terms and conditions.

3. Subject to the Applicant fulfilling all of the Applicant requirements listed above,authorize the issuance of a perpetual non-exclusive easement to Harold I. andJane F. Uyeno covering the subject area for access purposes under the termsand conditions cited above, which are by this reference incorporated herein andfurther subject to the following:

A. The standard terms and conditions of the most current perpetualeasement document form, as may be amended from time to time;

B. The easement shall run with the land and shall inure to the benefit of thereal property described as Tax Map Key: (3) 3-4-003:045, providedhowever: (1) it is specifically understood and agreed that the easement

BLNR - Issuance of Access Easementto Harold & Jane Uyeno; Kaiaakea,North Hilo, Hawaii; TMK: (3)3-4-003:011

Page 5 January 27,2017

c.

D.

shall immediately cease to run with the land upon the termination orabandonment of the easement; and (2) if and when the easement is sold,assigned, conveyed, or otherwise transferred, the Grantee shall notify theGrantor of such transaction in writing, and shall notify Grantee'ssuccessors or assigns of the insurance requirement in writing, separateand apart from the easement document;

Review and approval by the Department of the Attorney General; and

Such other terms and conditions as may be prescribed by the Chairpersonto best serve the interests of the State.

APPROVED FOR SUBMITTAL:

ktAL-^^Suzannej6. Case, Chairperson

-Cdndace Martin/Land Agent

DAVID Y. IGEGOVERNOR OF

HAWAII

s!s^y

EXHIBIT B

STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

POST OFFICE BOX 621HONOLULU, HAWAII 96809

June 22, 2016

SUZANNE D. CASECHAIRPERSON

HOARD OF I-AND AND NATURAL RESOURCESCOMMISSION ON WATHR RHSOURCti MANAGliMLN"]'

KEKOA KALUHIWAITKSTUEPim'

JEFFREY T. PEARSONDlil'im- BffiEITUR. WKIT.K

AQUATIC RHSUURCHSBOATING AND OCtiAN RECREA'noN

BUREAU OF CONVEYANCESmMMlSSION (IN WATER RRSdDRC'E MANAORMENT

CONSERVATION AND COA.STAL LANDSCONSERVATION AND RESOURCES ENFOIU-EMENT

}-:N«INI7BTUNGFORESTRY AND WILDm7EHISTORIC' PRliSEKVATinN

KAHOOI.AWE ISIJWD RESERVE COMMISSIONLAND

STATC PARKS

EXEMPTION NOTIFICATIONregarding the preparation of an environmental assessment pursuant to Chapter 343, HRS andChapter 11-200, HAR

Project Title:

Project / Reference No.

Project Location:

Project Description:

Chap. 343 Trigger(s):

Exemption Class No.:

Consulted Parties:

Grant of Perpetual, Non-Exclusive Easement to Harold I. and Jane

F. Uyeno for Access Purposes.

PSF 16HD-153

Kaiaakea, North Hilo, Hawaii, Tax Map Key: (3) 3-4-003:011.

The Hawaii State Department of Transportation (DOT) -

Highways Division is requesting an access easement be issued to

the above parties over a portion (0.364 acres) of State land

encumbered by General Lease No. S-6090 to Maulua HomesteadsOwner's Association and by Land Office Deed No. S-29,035 to

James A. and Sarah N. Scanlon; both encumberances are for access

purposes.

Use of State Land

In accordance with Hawaii Administrative Rule Sections 11-200-

8(a)(l) & (4) and the Exemption List for the Department of Landand Natural Resources approved by the Environmental Council

and dated June 5, 2015, the subject request is exempt from thepreparation of an environmental assessment pursuant to Exemption

Class No. 1, that states "Operations, repairs or maintenance of

existing structures, facilities, equipment, or topographical features,involving negligible or no expansion or change of use beyond that

previously existing" , Item No. 46 " Creation or termination of

easement, covenants, or other rights in structures or land."

State of Hawaii:

Department of Hawaiian HomelandsDLNR - Forestry and Wildlife

DOT - Highways

County of Hawaii - Department of PlanningOffice of Hawaiian Affairs

Recommendation: That the Chairperson find this project will probably have minimalor no significant effect on the environment and is presumed to beexempt from the preparation of an environmental assessment.

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SURVEY DEPARTMENTTERRITORY OF HAWAII \//-S.€. &//S/3S

Land Patent No.

3^7

EXHIBIT D(Grant)

Issued OnEXCHANGE DEED

Actingy THIS PATENT the/Governor of the Territory of ffawaii, in

conformity ivith the laivs of the United States of America, and of the

Territory of ffu.u'aii,

^nd in accordance with the provisions of Section T\ of the HawaiianOreanlc Act and the laws of Hawaii relating to public" lands,

mcthes knon'n to all men that he has this day granU'tlandMHfii'Dtedun.to

-AIGORO UYENO AND TAKIYO UYENOrHusband and TVife, as tenants by the entirety,

for iJie consldcru.ti.on of ^e conveyance ^f four (4) parcels of IsruLrequired by the Territory of _Hawa 1 i_ fo.r .fiubl.ie_ use, to wi1,» for thgHawaii nelt. Road, Seismic .WSY.S. J2affl&£.e_B.ehAtlliJ<afcl.on Project No.SDR3(1^). situate at .Kahinano, North .H.i.lo^JI.awAl 11 an^ more partL-cularly described in^ Deed and Agreement for Exchange No. 9780,dated October 9Tl9?L._b9twften_AieoroUyeno and-IaJiiy-Q Uyeno^andthe Territory,of Hawaii^. and_ fo?.the .furthgr ponsideraJJLm-at^thfipayment -by-Aieoro-Uyeno_'andTakiypUyeno .to the TerritprY_ofJ31fihtx-Four and 6 ?/100 J>oHirs- Ct34 •^\ to'equalize 'the exchange^

nil of the land situafe a/ —— KAIAAKEA —

in the Districf of —— NORTH HILO —- Island of- — HAWAII —bounded,

un d described as folloirs:

-EfiTtion of theGovernment_Land of Kaia.akea

BEGINNIN5 at the north corner of this parcel of land, on thesouth side of"the Hawaii Belt Road (Project SDR 3 (I?) ), the coor-dinates of said point of beginning referred to Government^Survey^Triangulati on Station "HAIKU" being ?926.34 feet Norjbh and^213.02feet"West,-as shown on Government Survey Registered Map 2968, andrunning'by azimuths measured clockwise from True South;-

1. 303° 40' 59.22 feet along the south side of^the Hawaii Belt" ^J ^ '"~ ~"~ Road^ Project SDR 3 (1?);

2. 320° 2?' 6.67 feet along Grant 8033, Section 2 to LaupahoehoeSugar Company,

3. 304° 43' 100,94 feet along Grant 8033i Section 2 to LaupahoehoeSugar Company;

4. 38° 00' ?24,03 feet alo"6. retaainder of th® Government Land ofKaiaakea;

i° 40' 153.02 feet along remainder of the Government Land of" ^^ -rw -—-— --- Kaiaakea;

6. 204° 20' 58.25 feet along the east side of 30-Foot Road Reserve;

7. 218° 00 * 470.17 feet along the east side of 30-Foot Hoad Reserveto the point of begizming, and coatainin?an ASEJ OF 2.00 "ACTSS^

Heaenring- unto the Territory of Haivaii the right to prohibitvehicle access into or from Hawaii Belt Road, Project SDH 3 Cl?) ovsrajnd across Coarse 1 of the abore described parcel of land.

Containing 2.00. Acres, more or less.

TO BA VE AJ^D TO HOLD the above ^'aiUed Land unto the said

AIGORO UYENO AND TAKIYO UYENO,-Husband and Wife, as tenants by the entirety,

and —— •their —heirs and assigns for 'ever.

ActingIJ^ WITNESS WHEREOF, The /Governor of the Territory of

Haivaii has hereto set his hand and caused the Great

Seal of the Territory to be hereunto affixed, this

JfcMs**^ - U^ay of <Q^WW^^ A. D. 19.S.L^ } y

ACTINGB^THE/G 0 VER^OR:

J.(^Commissioner of Public Lands.

The above exchange iras approved by ihe

Board of Public r./""^arch 9^ 1951.. .

Member^ Boaf^l of Public Lands,Territory of Hawaii.

>Fff«M<y_-Illl3-

chfeM h 3A

Apfvyved as to form;

^N •1*1 < I I.J-tx.^tf-'KS-^* '••-••S......,,.*--».

Deputy Attorney Oeneral.

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