STATE
OF
HAWAII
DEPARTMENT
OF
LAND
AND
NATURAL
RESOURCES
Land
Division
Honolulu,
Hawaii
96813
June
9,
2017
PSFNo.:
15KD-151
Ref.
No.:
HWY-RM
3.89673
Board
of
Land
and
Natural
Resources
State
of
Hawaii
Honolulu,
Hawaii
KAUAI
Quitclaim
Sale
of
Remnant
(abandoned road
right-of-way)
to
Dennis
D.
Raymond
and
Colleen
L.
Raymond;
Issuance
of
Right-of-Entry
for
Access
Purposes,
Kaapuna
&
Moloaa
Hui,
Kawaihau,
Kauai,
Tax
Map
Key:
(4)
4-9-003:Road,
also
designated
as
Tax
Map Key:
(4)
4-9-008:999.
APPLICANT:
Dennis
D.
Raymond
and
Colleen
L. Raymond,
husband
and
wife,
tenants
by
the
entirety.
LEGAL
REFERENCE:
Section
17
1-52,
Hawaii
Revised
Statutes,
as
amended.
LOCATION:
Portion
of
Government
lands
(abandoned
right-of-way)
situated
at
Kaapuna
&
Moloaa
Hui,
Kawaihau,
Kauai,
Tax Map
Key:
(4)
4-9-003:Road,
also
designated
as
TMK:
(4)
4-
9-008:999,
as
shown
on the
attached
maps
labeled
Exhibit
A.
AREA:
0.105
acres
or
4,575
square
feet,
more
or
less.
ZONING:
State
Land
Use
District:
Urban
County
of
Kauai
CZO:
Agriculture
TRUST
LAND
STATUS:
Section
5(b)
lands
of
the
Hawaii
Admission
Act
DHHL
30%
entitlement
lands
pursuant
to
the
Hawaii
State
Constitution:
YES__
NOx
D-4
BLNR-Sale
of
Remnant
Page
2
June 9,
2017
TMK:
(4)
4-9-003:Road
(Remnant)
CURRENT
USE
STATUS:
Vacant
and
Unencumbered.
CONSIDERATION:
One-time
lump
sum
payment
of
fair
market value
to
be
determined
by
independent or
staff
appraiser,
subject
to
review
and
approval
by
the
Chairperson.
CHAPTER
343
-
ENVIRONMENTAL
ASSESSMENT:
See
Exhibit
C
In
accordance
with
Hawaii
Administrative
Rule
Sections
1
1-200-8(a)(1)
&
(4)
and
the
Exemption
List
for
the
Department
of
Land
and
Natural
Resources
approved
by
the
Environmental
Council
on
June
5,
2015,
the
subject
request
is
exempt
from
the
preparation
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”
and
Item
No.
44,
“Transfer
of
title
to
land.”
DCCA
VERIFICATION:
Not
applicable.
Applicant
as
a
landowner
is
not
required
to
register
with
DCCA.
APPLICANT
REQUIREMENTS:
Applicant
shall
be
required
to:
1)
Provide
survey
maps
and
descriptions
according
to
State
DAGS
standards
and
at
Applicant’s
own
cost;
2)
Pay
for
an
appraisal
to
determine
the
one-time
payment
of
the
remnants,
at
fair
market price,
and at
applicant’s
own
cost;
and
3)
Consolidate
the
remnant
with
the
Applicant’s
abutting
properties
through
the
County
of
Kauai’s
subdivision
process, at
Applicant’s
own
cost.
REMARKS:
Pursuant
to Section
171-52,
HRS,
a
remnant
is
defined
as
“a
parcel
of
land
economically
or
physically
unsuitable or
undesirable
for
development or
utilization
as
a
separate
unit
by
reason
of
location,
size,
shape,
or
other
characteristics.”
The
subject parcel
has
been
determined
to
be
a
remnant
by
this
definition for
the
following
reason:
BLNR-Sale
of
Remnant
Page
3
June
9,
2017
TMK:
(4)
4-9-003:Road
(Remnant)
1)
The
parcel
is
a
discontinued
portion
of
an
old
government
road.
The
parcel
is
identified
as
TMK:
(4)
4-9-003:Road
by
DOT
Highways,
Right-of-Way
Branch,
and
as
TMK:
(4) 4-9-008:999
by
the
County
of
Kauai,
and
is
an
abandoned road
right-of-way,
formerly
known
as
Anuenue
Road.
Staff
confirmed
with
the
County
of
Kauai
Real
Property
Tax
Office
that
Dennis
D.
Raymond
and
Colleen L.
Raymond
(together,
the
Raymonds)
are
the
fee
owners
of
Tax
Map
Key:
(4)
4-9-003:013
(the
Raymond Property),
that
abuts
the
subject
remnant.
The
Raymonds
desire
to
purchase
the
remnant
for
legal
access
purposes.
The
Raymond
Property
currently
has
no
legal
access
to
a
government
roadway
and
is
therefore
landlocked.
Although
another
landowner
in
the
area,
Kaapuni
Hui
Land
who
owns
Tax
Map
Key:
(4)
4-9-011:013,
also abuts
the
remnant,
the
remnant
will
only
be
sold
to
the
Raymonds
as
provided
by
law
because
the
remnant
is
required
for
legal
access.
Staff
understands
that
should
portions
of
the
remnant
be
sold
to
both
the
Raymonds
and
Kaapuni
Hui
Land,
the
Raymonds
would
still
be
landlocked.
In
2012,
the
Raymonds
applied
to
the
Department
of
Transportation,
Highways
Division
(DOT-Highways),
to
purchase
the
road
remnant
because at
that
time
it
was
presumed
the
remnant
was
under
DOT-Highways’
jurisdiction,
as
part
of
the
old
Kaumualii
Highway
before
the
highway
was
realigned.
DOT-Highways
offered
to
sell
a
portion
of
the
old
government
road
containing
an area
of
4,575
square
feet
for
$4,500
(internal
valuation),
by
way
of
a
Quitclaim
Deed
even
if
the
Kaapuni
Hui
Land
also
abutted
the
remnant.
While
processing
the
conveyance,
a
certificate
of
search was
completed
by
DOT-Highways which
unexpectedly indicated
that
the
old
government
road remnant
was
acquired
by
the
State
of
Hawaii
through
the
Hawaii
Admissions
Act. DOT-Highways
determined
that
the
remnant
actually
belongs
to
the
Department
of
Land
and
Natural
Resources’
and
therefore
should
be
sold
by
the
Board
of
Land
and
Natural
Resources.
(Exhibit
B)
The
title
issue is
unsettled
in
Land
Division’s
view
and,
therefore,
staff
recommends
that
the
conveyance
be
effected
by
a
quitclaim
conveyance
from
the
Board
to
the
Raymonds.
The
Raymonds
have
not
had
a
lease,
permit,
easement
or
other
disposition
of
State
lands
terminated
within
the
last
five
years due
to
non-compliance
with
the
terms
and
conditions
thereof.
On
April
13,
2017
various government
agencies and
interest
groups
were
solicited
for
comments. The
responses
are
as
follows:
At
its meeting
of
March
23,
1984,
Item
D-4,
the
Board authorized
DOT-Highways
to
sell
a
number
of
road
remnants
statewide.
However,
the
subject remnant
was
not included
on
the
approved
list.
Accordingly,
if
approved,
Land
Division
staff
will
process
this
disposition.
BLNR-Sale
of
Remnant
TMK:
(4)
4-9-003
:Road
(Remnant)
Page
4
June
9,
2017
AGENCIES
COMMENTS
County
of
Hawaii:
Planning
Department
No
response
Public
Works
No
response
State
of
Hawaii:
DLNR
-
DLNR
-
Historic
Preservation
No
response
DOT-Highways
No
objections
Other
Agencies!
Interest
Groups:
Office
of
Hawaiian
Affairs
No
response
Staff
understands
that
the
Raymonds
currently
access
their
property
over
the
remnant.
Staff
is
therefore
including
a
recommendation
below
for
the
issuance
of
a
right-of-entry
permit
to
the
Raymonds
for
access
purposes
to
remain
in
effect
until
the
conveyance
of
the
remnant
to
the
Raymonds. There
will
be
no
separate
consideration
paid
for
the
right-
of-entry,
but
the
Raymonds
will
be
required
to
provide
liability
insurance
and
indemnify
the
State
for
their
use
of
the
land
in
the
interim.
RECOMMENDATION:
That
the
Board:
1.
Find
that
the
subject
lands
are
economically
or
physically
unsuitable or
undesirable
for
development
or
utilization
as a
separate
unit
by
reason
of
location,
size,
shape,
or other characteristics
and,
therefore,
by
definition
is
a
remnant
pursuant
to
Chapter
171,
HRS.
2.
Declare
that,
after
considering
the
potential
effects
of
the
proposed
disposition
as
provided
by
Chapter
343,
HRS,
and
Chapter
11-200,
HAR,
this
project
will
probably
have
minimal
or
no
significant
effect
on the
environment
and
is
therefore
exempt
from
the
preparation
of
an
environmental
assessment.
3.
Authorize
the
subject
requests
to
be
applicable
in
the
event
of
a
change
in
the
ownership
of
the
abutting
parcel described
as
Tax
Map
Key:
(4)
4-9-003:013,
provided
the
succeeding
owner
has
not
had
a
lease,
permit,
easement
or other
disposition
of
State
lands
terminated
within
the
last
five
(5)
years
due
to
non
compliance
with
such
terms
and
conditions.
4.
Authorize
the
subdivision
and
consolidation
of
the
subject
remnant
to
the
Applicant’s
private
property,
and
at
applicant’s own
expense.
5.
Subject
to
the
Applicant
fulfilling
all
of
the
Applicant
Requirements
listed
above,
authorize
the
sale
of
the
subject
remnant
to
Dennis
D.
Raymond
and
Colleen
L.
BLNR-Sale
of
Remnant
Page
5
June
9,
2017
TMK:
(4)
4-9-003:
Road
(Remnant)
Raymond,
covering
the
subject
area
under
the
terms
and
conditions
cited
above,
which
are
by
this
reference
incorporated
herein
and
further
subject to
the
following:
A.
The
standard
terms
and
conditions
of
the
most
current
quitclaim
deed
or
grant
(remnant)
form,
as
may
be
amended
from
time
to
time;
B.
Review
and
approval
by
the
Department
of
the
Attorney
General;
and
C.
Such
other
terms
and
conditions
as
may
be
prescribed
by
the
Chairperson
to
best
serve
the
interests
of
the
State.
6.
Grant
a
right-of-entry
to
Dennis
D.
Raymond
and
Colleen L. Raymond, over
and
across
the
subject
remnant, under
the
terms
and
conditions
cited
above,
which
are
by
this
reference
incorporated
herein
and
subject
further
to
the
following:
A.
The
standard
terms
and
conditions
of
the
most
current
right-of-entry
form,
as
may
be
amended
from
time
to
time;
B.
The
right-of-entry
will
be
effective
upon
the
Raymonds’ execution
of
the
right-of-entry
permit
and
submission
of
the
required
proof
of
insurance
and
shall
continue
until
the
remnant
is
conveyed
to
the
Raymonds;
and
C.
Such
other
terms
and
conditions
as
may
be
prescribed
by
the
Chairperson
to
best
serve
the
interests
of
the
State.
Respectfully
Submitted,
esley
T.
Matsu’
aga
Acting
Kauai
District
Land
Agent
APPROVED
FOR
SUBMITTAL:
__
S
z~n
-
D.
C~
e,
Chairperson
~cE~
EXHIBIT
A
0
—
DS
IT
fl
\‘~
(~YAILANA
SU1WEYING
&
GEOWiTICS
LLC
PHONE
(605)346—1.5w
FAX
1—800—655—6297
~
J~J
•~C.C.M
\%
~
v.-:—
MAP
DA?E0 JULY
10,
2012
POWflON
OFOLD
GO’dE:RNMENT
ROAD
SHOWN
ON
MAP
OF
PAR111~Ot4
KAAPUNA
HUI
LANDS
REGISTERED
MAP
2978.
AT
IJOLOAA
& Pi?AA,
KAWAiHAIJ.
KAIJAJ. HAWAII
BEGS00NO
AT
WE
NORTh
CORNER
OF
This
POR11GII
‘OL0~
-‘‘~
ROA0.ONThEsOUT~SQfOF
UK
4—4-9-011-013
WE
CO~1NA1ER
OF
SAD
POiNT
OF
€~1NJNO
R~’~
TO
O0i~Eis4UENT
SURStY
TANJIATON
tA~ICN
‘UOLOAA’
B~NG.
2,411.52
FEET
SOUTh AND
a,eszo~
EEr
~r
w.o
RU~G
By
A2IULmIs
UEA~up~
a.o~c~is~
Boil
~UE
SCUIIt
344’
25’
00’
23~O
FEET
ALONG
WE
Rt~tAffi~Di
OF
OLD
00~WD~
ROAoi
1.
043’
34
00’
200.03
FEET
ALONG
1UK
4—49—003—013
1.074 25’
00’
39.00
FEET ALONG
WE
NORTh
~
Q~
J(IJ)4J(
HIDIWAY
223’
34
00’
291.48
‘
AWNO
1WC
~
TO
WE
POiNT
OF
NGOiNNiNO
AND
CONTAINSIG
AN
AREA
OF 4~S7S
SQUARE
FEEt
/
K
/
344’
25/60”
A
APU
4:
PORTIO
OF
OR
L
A
iNK
4—4—9—011—013
‘UOLOAA
VAUZF
~sw.s
Soda
1~3O’
30’
60’
Ii—~
F—
/
ThIK
4—4—9—003—013
(9,344
SQ.F’T)
74’ 25’ 00’
I
U~
SURVK!DR
~%~o’
10O.4~1
ThlK(4)4—9~0O3~0
Nm
Ac~p~
GL
NN
N.
O)~MOj
0
GOWRNOR
DIRECTOR
DEPUTY
DIRECTORS
HONWAY
OESIGN9RAC~H
ROOUEBBA,
.MOET
BLflAY
CAOAS
TRIAL
DESiGN
SECTION
ROOM
80
BRIDOC
DESIGN
SECTIQ.L
ROOM
Oil
FORD
N
FUCHk~.aMJ
H1GHWAY
D~y~
ROOM
800
RANDY
G~ft4E
TECHIOCAL
DESIGN
SER%’ICE
ROOM
888
HyORALJLj~
DESIGN
SECTION
ROOM
0~8
.MDINE
URASAKI
LANDSCAPE
DESIGN
SECTION
ROOM
800
RICH
I
OF
~RA1E~i
ROOM
~
DEPARTMENT
OF
TRANSPORTATION
U~
REPLY
REFER
TO
HIGHWAYS
DiVISION
AT
KAPOLEJ
HWY-RM
TRAFFIC
BRANCH
ROOM
eo~
5o1
KAMoKfl.p~
aoua.EVARD
3.89673
lfOTORI
YEH1CLE
SAFETY
OFF
CE
ROOM
1
KAPOl~
HAWAII
95707
September
13,
2012
Mr.
Dennis
Raymond
Kilauea,
Hawaii
96754
Dear
Mr.
Raymond:
Subject:
Kuhio
Highway
(Kauai
Belt
Road),
Project
No. F-056-
1(3)
At
Hana]ej
and
Kawajhau,
Kauai,
Hawaii,
TMK
(4)4-9-03:
Rd
Request
for
Purchase
a
Portion
of
Old
(]overnment
Road
The
State
of
Hawaii
offers
for
sale
a
portion
of
old
government
mad
containing
an
area
of
4,575
square
feet delineated
on
the
attached
exhibit
for
the
amount
of
$4,500.00.
This
offer
is subject
to
consolidation
of
said
portion
of
road
with
your
abutting property
in
accordance
with
the
Ordinance
of
the
County
of
Kauai.
An
outside
surveyor
of
your
Choice
can
provide consolidation
services
such
as
mapping
and
descriptions;
however,
such
costs
are
your
sole
responsibility.
A
check in
the
amount
of
$34.50
made
payable
to
the
Bureau
of
Conveyances
will
be
requested
from
you at
the
time
of
recording. This
separate
check
includes
a
conveyance
tax
of
$4.50
and
a
recording fee
of
$30.00.
The
portion
of
road
is
being
offered
“as
is”
and
will
be
conveyed
by
Quitclalni
Deed.
The
portion
of
road
will
be
sold
subject
to
any
encumbrances
now
of
record.
The
State makes
no
warranty
or
representa~jon
about
the
suitability
or
marketability
of
the
portion
of
road
for
any
particular
use; the
presence
of
any
hazardous
materials
on,
under,
or
about
the
same;
and
the
physical
condition
of
the
portion
of
road
and
any
improvements
thereon.
Further,
the
State
will
not
be
responsible
for
clearing
the
land
of
vegetation
and
debris.
This
offer
is
also
contingent
upon
the
successful
recording
of
the
Quitclaini
Deed
within
one
year
from
the
date
of
this letter.
Please
have
all
owners
of
record sign
the acceptance
portion
of
this
letter
and
return
it
to
us
together
with
requeste~i
information
for
the deed.
This
offer
to
sell you
the
said
portion
of
road
is
good
for
thirty
(30)
days
from
the date
of
this
letter.
If
we
do
not receive
your
signed
acceptance
within
the
specified
thirty
(30)
days
time
limit,
then
this
offer
will
be
null
and
void
without any
action
on
our
part.
EXHIBIT
B
Mr.
Dennis
Raymond
HWY-RM
Page
2
3.89673
Sepiember
13,
2012
Please
be
reminded that
terms
and
conditions
as
stated
in
our
letter
dated
May
14,
2012
(ref.
HWY-RM
3.89302)
are
still
applicable.
Should
you
have
questions,
please
call
Kaija Jordan-King,
Right-of-Way
Agent,
at
(808)
692-7331,
or
you may
e-mail
her
at
~
Ve
ruly
Yours,
C
RISM.~~AMOTO
Section
Head
Property Management
Attachment:
Parcel
Map
Exhibit
ACCEPTANCE
The
undersigned hereby
accepts the
offer
to
purchase
from
the
State
of
Hawaii
the
property
identified
as
portion
of
old
government
road,
Project
No.
F-056-1(3) containing
4,575
square
feet
and
delineated
on
attached
exhibit,
on
the
terms
and
conditions
contained
herein
for
$4,500.00
in
U.S.
dollars.
The
check
for
$4,500.00
shall
be
made
payable
to
the
State
of
Hawaii,
Department
of
Transportation.
Also,
a
separate
check
for
$34.50
made
payable
to
the Bureau
of
Conveyances,
will
be
requested
at
the
time
of
recording.
It
is
agreed
that
the
conveyance
will
be
mad
b
uitclaim
Deed.
Si
a
Date
3~a~~)
~
~/2LeJf~
Signature Date
(PLEASE
FILL
IN
DATA
FOR
THE
QUITCLAJM
DEED
DOCUMENT)
F%J
~
~
Print
Grantee
Legal
Name
Print
Grantee
Legal
Name
Mailing
Address
for
Document:
-
NEIL
ABERCROMBIE
GOVERNOR
HIGHWAY
DESIGN
BRACNCH,
ROOM
668A
BRIDGE
DESIGN
SECTION.
ROOM
511
CADASTRAI.
DESIGN SECTION.
ROOM
800
HIGHWAY
DESIGN
SECi1O~
ROOM
609
HYDRAULIC
DESIGN
SECTION.
ROOM
636
TECHNICAL
DESIGN SERVIGE.
ROOM
888
LANDSCAPE
DESIGN
SECTION
ROOM
609
RIGHT-OF
WAY
BRANCH
ROOM
691
TRAFFIC
BRANCH
ROOM
602
MOTOR
VEHICLE
SAFETY OFFICE
R
MS
STATE
OF
HAWAII
DEPARTMENT
OF
TRANSPORTATION
HIGHWAYS DIVISION
AT
KAPOLEI
601
KAMOKILA
BOULEVARD
KAPOLEI
HAWAII
96707
GLENN
N.
OKIMOTO
DIRECTOR
DEPUTY
DIRECTORS
JADE
7
BUTAY
FORD
N.
FUCHIGAMI
RANOYGRUNE
.IADINE
URASAKI
IN
REPLY
REFER
TO
HWY-RM
3.90053
Mr.
Dennis
Raymond
Kilauea,
Hawaii
96754
Dear
Mr.
Raymond:
March
15,
2013
Subject:
Kuhio
Highway
(Kauai
Belt
Road),
Project
No.
F-OS
6-1(3)
At
Hanalei
and
Kawaihau, Kauai,
Hawaii,
TMK
(4)
4-9-03:
Rd
Request
for
Purchase
a
Portion
of
Old
Government
Road
We
regret
to
inform
you
that
the
processing
of
the
sale
of
a
portion
of
Old
Government
Road
is
being
deferred
to
the
Department
of
Land
and
Natural
Resources
(DLNR).
It
was
determined
that
the
land
belongs
to
DLNR
and
therefore
would
be
the
appropriate
agency
to
process
the
sale.
Please
contact
Mb
Spindt,
Kauai
District
Land
Agent
at
(808)
274-3491
for
further
information.
If
you
have
any questions,
please
call
me
at
(808) 692-7331
or
you
can
email
me
at
Katja.M.Jordan~Kig~Hawajj.Gov~
Very
truly
yours,
C.
IF%.
4
.~
‘S.—
~
s-
•.
i
~
~‘.~i’L
~c,
0
KATJA
M.
JORDAN-KING
Right-of-Way
Agent
Property Management
EXHIBIT
B
DAVID
Y.
IGE
GOVERNOR
OF
HAWAII
STATE
OF
HAWAII
DEPARTMENT
OF
LAND
AND
NATURAL
RESOURCES
LAND
DIVISION
POST
OFFICE
BOX
621
HONOLULU.
HAWAII
96809
SUZANNE
D.
CASE
CHAiRPERSON
BOARD
OF
LAND
AND
NATURAL
RESOURCES
COMMISSION
ON
WATER
RESOURCE
MANAGEMENT
June
9,2017
Ref.
No.:
15KD-151
EXEMPTION
NOTIFICATION
Regarding the
preparation
of
an
environmental assessment pursuant
to
Chapter
343,
HRS
and
Chapter
11-200,
HAR.
Project
Title:
Project
I
Reference
No.:
Project
Location:
Project
Description:
Chap.
343
Trigger(s):
Exemption
Class
No.
and
Description:
Exemption
Item
Description
from
Agency
Exemption
List:
Quitclaim Sale
of
Remnant (abandoned
road
right-of-
way);
Issuance
of
Right-of-Entry
to Dennis
D.
Raymond
and
Colleen
L.
Raymond
for
Access
Purposes, Kaapuna
&
Moloaa
Hui,
Kawaihao,
Kauai,
Tax
Map
Key:
(4)
4-9-
003:
Road
PSFNo.:
I5KD-151
Moloaa
Hui,
Kawaihao,
Kauai.
Quitclaim Sale
of
Remnant
(abandoned
roadway)
with
Access
Right-of-Entry.
Use
of
State
land.
In
accordance
with
Hawaii
Administrative
Rule
Sections
11-200-8(a)(1)
& (4)
and
the Exemption
List
for
the
Department
of
Land
and
Natural
Resources
approved
by
the
Environmental
Council
and
dated June
5,
2015,
the
subject request
is
exempt
from
the preparation
of
an
environmental
assessment
pursuant
to,
Exemption Class
1,
“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”
and
Item
No.
44,
“Transfer
of
title to land.”
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.
EXHIBIT
C
Transfer
of
title
to
land.
Consulted
Parties:
The
Department
of
Transportation,
Highways
Division.
Recommendation:
The
quitclaim
sale
of
a
remnant,
an
abandoned
road
right-of-way,
and
the
issuance
of
a
right-of-entry
will
probably
have minimal
or
no
significant
effect
on
the
environment.
It
is
recommended
that
the
Board
of
Land
and
Natural
Resources
find
that
the
action
is
exempt
from the
preparation
of
an
environmental
assessment.
Suzan
D.
Case,
Chairperson
Date
