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Land Patent No. S-15,7G2

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Land Patent No. S-15,7G2 STATE OF HAWAII Land Patent No. s-15,7g2 SALE PURSUANT TO SECTION 171-95, HAWAII REVISED STATUTES BUTHISPATENTTkState ojHaw& in corlfonni@ with the hws of the d State of Hawaii nhting to public &an& and pmuont to tht approval by the Board of Land and Natural Resomes on Febmary 25, 1994, makes known to aU men that it does this day gmnt and m~rmunto HOUSING FINANCE AND DEVELOPWENT CORPORATION, a public body and a body corporate and politic of the State of Hawaii, whose address is 677 Queen Street, Honolulu, Hawaii 96813 hereinafter referred to as the wPatentee,w forthrwmiderahnof ONE AND NO/IOO DOLULR ($1.00). the receipt whereof is hereby acknowledged, a'' of the bnd situate at Wahikuli , Lahaina , Maui , Hawaii, being a portion of the Government (Crown) Land of Wahikuli, being designated "Villages of Leiali'i," and further described as follows: &OT 1-9: containing an area of 14.619 acres, more particularly described in Exhibit "Aw and delineated on Exhibit wB,w both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared=by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.F. No. 22,143 and dated August 17, 1994; and 1- 8. containing an area of 5.518 acres, more particularly described in Exhibit "CW and delineated on Exhibit nD,n both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.P. No. 22,144 and dated August 17, 1994. Vehicle access into and from Honoapiilani Highway shall not be permitted over and across Courses 7 and 8 of the above-described Villages of Leiali'i Lot 1-B; and LQT 2: containing an area of 24,617 acres, subject, however, to Easement 1 for Roadway and Utility Purposes over and across Lot 2, containing an area of 3.350 acres, both more particularly described in Exhibit WEW and delineated on Exhibit WP,W both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C,S.F. No, 22,057 and dated January 12, 1994; and LQT 3: containing an area of 50,858 acres, more particularly described in Exhibit WGa and delineated on Exhibit both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey mp prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.F. No, 22,149 and dated August 18, 1994; and 4: containing an area of 12.195 acres, more particularly described in Exhibit "Ia and delineated - - on Exhibit aJ,W both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and survey map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, both being designated C.S.F. No. 22,145 and dated August 17, 1994, subject, however, to portion of Perpetual Non-Exclusive Transmission Line Easement 23 covered by Grant of Easement to Haui Electric Company, Limited dated August 15, 1988 and recorded in Liber 22246, Page 179 (Land Office Deed S-27701), containing an area of 0,187 acre, subject, also, to portion of Perpetual Won-Exclusive Transmission Line Easement 23 covered by Grant of Easement to Uaui Electric Company, Limited dated August 15, 1988 and recorded in Liber 22246, Page 179 (Land Office Deed S-27701), containing an area of 0.310 acre; and m: containing a gross area of 436,901 acres and a net area of 435,918 acres, after excluding therefrom Exclusions 1 and 3, which exclusions are more particularly described as follows: ~CLUSION1: being all of Wahikuli Reservoir Site, Governor's Executive Order 3212, containing an area of 0,918 acre, and = EXCWSION 3: being all of Wahikuli County Tank Site, Governor's Executive Order 2189, containing an area of 0,065 acre, Lot 5 is SUBJECT, HOWEVER, to portions of Perpetual Non-Exclusive Transmission Line Easement 23 covered by Grant of Easement to Uaui Electric Company, Limited by the State of Hawaii dated August 15, 1988 and recorded in Liber 22246, Page 179 (Land Office Deed S-27701). Lot 5 is SUBJECT, also, to a Water Pipeline Easement and an Accesu Easement covered by Governor's Executive Order 3212 and more particularly described as follows: g:containing an area of 0.689 acre, and ACCESS:being a Won-Exclusive Road Easement forty (40.00) feet wide, containing an area of 1.928 acres. RESERVING to the State of Hawaii, its successors and assigns, the following easements: EASEMENT 2 for Utility and Cane Haul Purposes; containing an area of 7.893 acres, and EASEMENT 3 for Cane Haul Road Purposes; containing an area of 0.171 acre, and for Roadway and Utility Purposes; containing an area of 6.072 acres, and EASEMENT (10.00 feet wide for Water Pipeline); containing an area of 5,387 square feet, and EASEMENT (10.00 feet wide for Water Pipeline); containing an area of 565 square feet. EXCEPTING and RESERVING to the State of Hawaii, its successors and assigns, portions of the Proposed Kahoma Stream Flood Control Project. Lot 5 and said easements are more particularly described in Exhibit wKw and delineated on Exhibit nL,w both of which are attached hereto and made parts hereof, said exhibits being respectively, a survey description and map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, being respectively designated C.S.F. No. 22,152 and H.S.S. Plat 1104 both dated August 24, RESERVING TO THE STATE OF HAWAII, ITS SUCCESSORS AND ASSIGNS, THE F0LLL)WING: (1) All minerals as hereinafter defined, in, on or under the land and the right, on its own behalf or through persons authorized by it, to prospect for, mine, and remove these minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of these minerals by any means whatsoever, including strip mining. aMinerals,a as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous, or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that nmineralsn shall not include sand, gravel, rock, or other material suitable for use and used in general construction in furtherance of the Patentee's permitted activities on the land and not for sale to others. (2) All surface and ground waters appurtenant to the land and the right on its own behalf or through persons authorized by it, to capture, divert, or impound the same and to occupy and use so much of the land as may be required in the exercise of this right reserved. (3) All prehistoric and historic remains found in, on, or under the land. Provided, however, that as a condition precedent to the exercise of the rights reserved in Paragraphs 1 and 2, just compensation shall be paid to the Patentee for any of Patentee's improvements taken. AND THE PATENTEE, for itself, its successors and assigns, covenants with the State of Hawaii, and its successors as follows: A) The use and enjoyment of the land herein granted shall not be in support of any policy which discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. B) The use of the land shall be in combination, consolidation, or otherwise with other abutting lands owned'by the Patentee and shall be used in accordance with the appropriate zoning and subdivision ordinances of the County of Maui . AND THE STATE OF HAWAII, by its Board of Land and Natural Resources, in consideration of the premises, does hereby covenant and agree to and with said Patentee that the State of Hawaii is lawfully seised of the property described in Exhibits rA,n nC,n nE,n nG,n nIn and nK,n for an estate in fee simple and that title thereto is free and clear of and from all encumbrances except as aforesaid; that the State of Hawaii by its Board of Land and Natural Resources has good right to sell and convey the same as aforesaid and that the State of Hawaii will WARRANT the same unto said Patentee against the lawful claims and demands of all persons, except .as aforesaid. The foregoing warranty (without the execution, delivery or recordation of any further deed, instrument, document, agreement, declaration, covenant, or the like) shall run with the land (being the property described in Exhibits wA,w wC,w aG,n and HKH), and such warranty shall inure to the benefit of the Patentee and its successors and assigns and to the benefit of every person or entity who acquires any right or interest in the property. TO HAVE AND TO HOLD said granted land unto the said HOUSING FINANCE AND DEVELOPMENT CORPORATION, a public body and a body corporate and politic, of the State of Hawaii its successors and assigns forever, subject, however, to the reservations, conditions and covenants herein set forth.
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