STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

Land Division

Honolulu, Hawaii 96813

August 14,2015

Board of Land and Natural ResourcesState of Hawaii PSFNo: 07HD-177

Honolulu, Hawaii

HAWAII

Amend Prior Board Action of April 25, 2008, Item D-8, Grant of Easement to

Benjamin Konshak, Claude L. Harris, Jr., and Greeley West Corporation for

Access Purposes, Kaiaakea, North Hilo, Hawaii, Tax Map Key: (3) 3-4-003:Portion of Oil.

Purpose of the amendment is to change the name of the grantee consisting of the

three original individual landowners (Konshak, Harris & Greeley West Corp) to

the Maulua Homesteads Owners' Association, to allow accesses to the other

adjacent landowners.

BACKGROUND:

At its meeting of April 25, 2008, item D-8, the Board of Land and Natural Resources

approved grant of term, non-exclusive easement to Benjamin Konshak, Claude L. Harris,

Jr., and Greeley West Corporation for access purposes. (Exhibit A) Over the years,various landowners in the Maulua Homesteads area have utilized the subject cane haul

road as an access to their respective private properties. The cane haul road was originally

built and maintained by the Laupahoehoe Sugar Company, which was previously underGeneral Lease No. S-3616. The Sugar Company closed down and the lease was

cancelled on January 12, 2010, with the Maulua landowners continuing to utilize the

former cane haul roads. Now as a community association, the landowners are seeking to

legalize their use of the former cane haul road as an easement over the State parc'el

identified as TMK: (3) 3-4-003:011.

REMARKS:

Staff was unable to complete the processing of the easement because the three

grantees/landowners did not provide their required tax clearances

D-4

By letter dated June 18, 2015, Mr. David Real, President of the Maulua Homesteads

Owners' Association, explained that the community association is in communication with

the current grantees. It was agreed by all parties involved, to amend the prior Boardaction of April 25, 2008, to change the name of the grantee(s) to the Maulua Homesteads

Owners' Association. In so doing, it would allow most, if not all of the adjacent

landowners in the Maulua area to legally utilize the existing roadway that traverses the

State property. Presently, there are a total of fourteen (14) properties listed under theMaulua Homesteads Owners' Association. (Exhibit B)

RECOMMENDATION: That the Board:

1. Amend its prior Board action of April 25, 2008, under agenda item D-8, by

changing the grantee names from Benjamin Konshak, Claude L. Harris, Jr., and

Greeley West Corporation to the Maulua Homesteads Owners' Association.

2. All terms and conditions listed in its April 25, 2008 approval to remain the same.

Respectfully Submitted,

•^ Wesley T/Matsunag

Land Agent

APPROVED FOR SUBMITTAL:

/- /

/-^ ^Q .^c^-Suzanne D). Case, Chairperson

j)-a.

STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCES

Land DivisionHonolulu, Hawaii 96813

April 25, 2008

Board of Land and Natural Resources PSF No.:07HD-177State of HawaiiHonolulu, Hawaii Hawaii

Grant of Term, Non-Exclusive Easement to Benjamin Konshak, Claude L. Harris, Jr.and Greeley West Corporation for Access Purposes, Kaiaakea, North Hilo, Hawaii,TaxMapKey:3rd/3-4-03:11

APPLICANT:

Benjamin Konshak, individual, as Tenant in Severalty, whose business and mailing addressis ' Kamuela, Hawaii 96743 & Claude L. Harris, Jr., individual, as Tenant inSeveralty, whose business and mailing address is Keaau, Hawaii 96749and Greeley West Corporation, a New York corporation whose business and mailingaddress is 132 West 318t Street, 18th floor, New York, N.Y. 1001.

LEGAL REFERENCE:

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

LOCATION:

Portion of Government lands of Kaiaakea, North Hilo, Hawaii identified by Tax MapKey: 3rd/3-4-03:11, as shown on the attached map labeled Exhibit A.

AREA:

2.5 acres, more or less.

ZONING:

State Land Use District: AgricultureCounty of Hawaii CZO: 5-acre agriculture

TRUST LAND STATUS:

Section 5(b) lands of the Hawaii Admission Act

DHHL 30% entitlement lands pursuant to the Hawaii State Constitution: YES

CURRENT USE STATUS:

Vacant and unencumbered. &&oa^.;-.•. &.v ',..;. -. •,.^ ,.

LANDANP.i^jRA'- h^0.:^g-,-, ,.BI r. ^ ^-. ^=.^"AflTSMEEfsNG'H^lDUN^P^fl^i'i^IT R\ D-8

o^A/Jt ^G^KJJ _^^itjypil 11

BLNR-Issuance of Easement Page 2 April 25, 2008to Konshak, Harris, Greeley

CHARACTER OF USE:

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

COMMENCEMENT DATE:

To be determined by the Chairperson.

CONSIDERATION:

One-time payment to be determined by independent or staff appraisal establishing fairmarket rent, subject to review and approval by the Chairperson.

EASEMENT TERM:

Fifty-five (55) years.

ANNUAL RENT:

One-time payment to be determined by independent or staff appraisal establishing fairmarket rent, subject to review and approval by the Chairperson.

RENTAL REOPENINGS:

Not applicable.

CHAPTER 343 - ENVIRONMENTAL ASSESSMENT:

In accordance with the "Division of Land Management's Environmental Impact StatementExemption List", approved by the Environmental Council and dated April 28, 1986, thesubject request is exempt from the preparation of an environmental assessment pursuant toExemption Class No. 1, that states "Operations, repairs or maintenance of existingstructures, facilities, equipment or topographical features, involving negligible or noexpansion of use beyond that previously existing."

DCCA VERIFICATION:

Not applicable. The Applicants as landowners are not required to register with DCCA.

APPLICANT REQUIREMENTS:

Applicants shall be required to:

1) Pay for an appraisal to determine initial one-time payment;2) Provide survey maps and descjiptions according to State DAGS standards and at

Applicant's own cost;

REMARKS:

The subject State property identified as Tax Map Key: 3 ,3-4-03:11 is former sugar canelands. An access road from the Mamalahoa Highway to the upper cane fields was built and

BLNR - Issuance of Easementto Konshak, Harris, Greeley

Page 3 April 25, 2008

maintained by the Laupahoehoe Sugar Company under General Lease No. S-3616. Thisaccess road connected the highway to the "Old Government Road." The County of HawaiiPublic Works Department indicated that they have no record of maintenance on this road.This would lead staff to believe the plantations maintained the Old Government Road. It iscurrently disconnected at the Poupou and Kulanakii Gulches (no existing bridges) andtherefore can only be accessed via the cane haul road.

All applicants' own property adjacent to the Old Government Road and wish to utilize thecane haul road to access their respective properties (Exhibit B). Although the OldGovernment Road appears on the Tax Maps, it is unidentifiable and is therefore considereda "paper road". Mr. Konshak is owner of property identified by Tax Map Key 3rd/3-4-03:63and is situated at the northwest end of the Old Government Road. Mr. Harris is the owner ofproperty identified by Tax Map Key 3/3-4-03:07 and is situated at the southeast end of theOld Government Road. The Greeley West Corporation owns 2 parcels identified by TaxMap Key 3'd/3-4-03:62,63 and are situated on the northwest end of the Old GovernmentRoad.

The Applicants 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 and conditions.

Various governmental agencies were solicited for comments with results listed below.

Environmental ManagementFire DepartmentPlanningPolice DepartmentPublic WorksWater Department

DOH-Environmental ManagementDHHLDLNR-Historic PreservationDOT-Highways DivisionDLNR- Water Resource ManagementDLNR- Forestry and Wildlife

Office of Hawaiian Affairs

No CommentsNo CommentsNo ObjectionsNo ObjectionsComments BelowNo Objections

No ResponseNo ResponseNo ResponseNo CommentsNo CommentsNo Response

Comments Below

The County of Hawaii, Department of Public Works stated they have no record ofmaintaining the identified "old government road" and that it may belong to their roads inlimbo inventory.

The Office of Hawaiian Affairs requests information regarding the length of the term for theeasement being requested by the applicant. OHA would like to point out that the subjectparcel is Section 5 (b) Ceded Lands, and they would have concerns if the term of theeasement were too long and that it would limit the State's future use if the subject parcelshould the needs change. Staff responded to OHA concerns and pointed out the easementhas a term limit of flfty-five (55) years

BLNR - Issuance of Easement Page 4 April 25, 2008to Konshak, Harris, Greeley

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 will probablyhave minimal or no significant effect on the environment and is therefore exemptfrom the preparation of an environmental assessment.

2. Authorize the subject requests to be applicable in the event of a change in theownership of the applicants parcel described as Tax Map Key: 3rd/3-4-03:07,62,63 &66 provided the succeeding owners have 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 Applicants fulfilling all of the Applicants requirements listed above,authorize the issuance of a term non-exclusive easement to Benjamin Konshak,Claude L. Harris, Jr. and Greeley West Corporation covering the subject area foraccess purposes under the terms and conditions cited above, which are by thisreference incorporated herein and further subject to the following:

A. The standard terms and conditions of the most current term easementdocument 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: 3rtf/3-4-03:07,62, 63 & 66,provided however:(1) it is specifically understood and agreed that theeasement shall immediately cease to run with the land upon theexpiration or other termination or abandonment of the easement; and(2) if and when the easement is sold, assigned, conveyed, or otherwisetransferred, the Grantee shall notify the Grantee's successors or assignsof the insurance requirement in writing, separate and apart from thiseasement document;

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

D. Such other terms and conditions as may be prescribed bythe Chairperson tobest serve the interests of the State.

Respectfully Submitted,

^\Gordon C. HeitLand Agent

APPROVED FOR SUBMITTAL:

'CraH./Thielen, Chairperson

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Maulua Homesteads Owner's Association

(3) 3-2-04-13; Ross and MaryAnne Dodge

(3) 3-2-04-19; Garden of Light, Tim Barker, Stephen and Deirdre Farrow

(3) 3-4-01-01; Dustin and Rachel Real, David and Jennifer Real

(3) 3-4-01-02; William Shine

(3) 3-4-01-03; Pat Powers

(3)3-4-01-05; MonikTaing

(3)3-4-01-06; Nancy Shaw

(3) 3-4-01-14; David and Jennifer Real

(3)3-4-01-15; Dylan Jude

(3) 3-4-03-07; Claude Harris

(3) 3-4-03-23; Greeley West Corp,

(3) 3-4-03-62; Greeley West Corp

(3) 3-4-03-63; Benjamin Conshack

(3) 3-4-03-66; Greeley West Corp

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