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STATE OF HAWAIIDEPARTMENT OF LAND AND NATURAL RESOURCESLand DivisionHonolulu, Hawaii 96813January 12, 2018PSFNo.: I6KD-112Ref.No.:E03657&4012Board of Land and Natural ResourcesState of HawaiiHonolulu, HawaiiKAUAIGrant of Perpetual, Non-Exclusive Easement to the County of Kauai, Department ofPublic Works (COK DPW) for Sidewalk and Pathway Access Purposes as Part of itsLihue Town Core Mobility and Revitalization Project [FAP No. TGR-0700(073)];Issuance of Immediate Management and Construction Right-of-Entry to COK DPW,Kalapaki, Lihue, Kauai, Tax Map Keys: (4) 3-6-002:02 1 & 022.APPLICANT:County of Kauai, Department of Public Works.LEGAL REFERENCE:Sections 171-13 and 95, Hawaii Revised Statutes, as amended.LOCATION:Portion of Government lands of Lihue Town, located at Kalapaki, Lihue, Kauai,identified by Tax Map Key: (4) 3-6-002:021 por. & 022 por. Lot A, as shown on theattached map labeled Exhibit A.TMK! DISTRICT! ZONING! ENCUMBRANCE! AREA:TAX MAP KEYDISTRICTENCUMBRANCEKalapaki, LihueZONINGSLUCZOUrbanRS-1(4) 3-6-002:021(4) 3-6-002:022Kalapaki, LihueUrbanExecutive Order No. 4012;29.00 acDepartment of Education-Additionto Wilcox Elementary School.RS-1AREAExecutive Order No. 3657;9.952 acDepartment of Education-WilcoxElementary School.Easement-i400 sfD-4

COK DPW-Lihue Core Mobility andRevitalization Esmnt & ROETMK: (4) 3-6-002:021 & 022Page 2January 12, 2018Easement-26,500 sfTRUST LAND STATUS:Section5(b) lands of the Hawaii Admission ActDHHL 30% entitlement lands pursuant to the Hawaii State Constitution:YESNOxEASEMENT CHARACTER OF USE:Right, privilege and authority to construct, use, maintain and repair a sidewalk andpathway over, under and across State-owned land for access purposes.COMMENCEMENT DATE:To be determined by the Chairperson.EASEMENT TERM:Perpetual, non-exclusive.RIGHT-OF-ENTRY AND EASEMENT CONSIDERATION:Gratis.CHAPTER 343 ENVIRONMENTAL ASSESSMENT:-See attached(Exhibit C)DCCA VERIFICATION:Not applicable.The Applicant is a government entity and is not required to registerwith DCCA.APPLICANT REOUIREMENTS:Applicant shall be required to:1.Provide survey maps and descriptions for Easement 1 & Easement 2, according toState DAGS standards and at Applicant’s own cost.

COK DPW-Lihue Core Mobility andRevitalization Esmnt & ROETMK: (4) 3-6-002:021 & 022Page 3January 12, 2018REMARKS:By letter dated May 1, 2017, the County of Kauai, Department of Public Works, inreference to its Lihue Town Core Mobility and Revitalization Project, requested a grantof easement with an immediate management and construction right-of-entry over Statelands set aside to the Department of Education for Wilcox Elementary School. Pursuantto the request, Tax Map Key: (4) 3-6-002:021 under Executive Order No. 3657 would beencumbered by a 400 square foot easement, and Tax Map Key: (4) 3-6-002:022 Lot A,under Executive Order No. 4012 would be encumbered by a 6,500 square foot easement,both to be utilized as a shared-use path for the proposed project.The Department of Education provided a letter of concurrence to confirm its agreementwith the issuance of an easement for the project over lands set aside to it for WilcoxElementary School. (Exhibit B)Applicant has 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.The proposed sidewalk/pathway will be constructed generally along the alignment of anunimproved footpath on the subject parcels that has been in use for many years.Construction or improvement of sidewalks and pathways is exempt from the preparationof an environmental assessment as explained in Exhibit C.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 istherefore exempt from the preparation of an environmental assessment.2.Subject to the Applicant fulfilling all of the Applicant requirements listed above,authorize the issuance of a perpetual non-exclusive easement to the County ofKauai, Department of Public Works, covering the subject area for sidewalk andpathway access purposes under the terms and conditions cited above, which areby this reference incorporated herein and further subject to the following:A.The standard terms and conditions of the most current perpetual easementdocument form, as may be amended from time to time;B.Review and approval by the Department of the Attorney General; andC.Such other terms and conditions as may be prescribed by the Chairpersonto best serve the interests of the State.

COK DPW-Lihue Core Mobility andRevitalization Esmnt & ROETMK: (4) 3-6-002:021 & 022Page 4January 12, 2018Grant an immediate management and construction right-of-entry to the County ofKauai, its consultants, contractors, andlor persons acting for or on its behalf, overportions of TMK: (4) 3-6-002:021 & 022, under the terms and conditions citedabove, which are by this reference incorporated herein and subject further to thefollowing:A.The standard terms and conditions of the most current management andconstruction right-of-entry form, as may be amended from time to time;B.Prior to the commencement of any ground work activities, COK DPWshall coordinate its proposed work schedule and activities with theDepartment of Education;C.This management and construction right-of-entry is effective upon LandBoard approval and shall continue until the grant of easement is issued;andD.The Department of Land and Natural Resources reserves the right toimpose additional terms and conditions at any time if it deems necessarywhile this right-of-entry is in force.Re pectfully Submitted,W sley T. Mats na’aDistrict Land AgenAPPROVED FOR SUBMiTTAL:/uzanne P. Case,hairperson

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COK-Lihue Core Revitilization EsmntTMK: (4) 3-6-002:02 1 & 0220 -I.4,. —.I-. . - I-Parcel TMK (4) 3-6-002:022 Lot A—S/4.S-,,,. Parcel TMK (4)3-6-002:021Li17\ .:4- ; SShared-Use Path 4“I4A.41?V.;c’.’-5- .- ‘4::EXHIBIT A

COK-Lihue Core Revitilization EsmntTMK: (4) 3-6-002:021 & 022IJMISTREETLii to SloThtsat212’3i,Cl)‘CS11Z223ILi Po%.n L’221CC)14 lj:-13evP6.r.z4 2a.IF &.INctFç P ILii’ 1SiiL.r’dCa.mor PtflJ]ç P fl,tjtLi,turn r@ t.,wuuln.FLi p Li(‘I’PARCEL A9.952 ACRESN,Itrifi Xi‘-JCWi .SLi? eLiKMNASTREET— .r,,r3 33‘USPA4005’.til.I 131 1‘q11 ii tncdard rb21lc4Sl 1 t.L.1210 carVl(rifl LiluLJ—n.LH;(p cri tLiltir ezN?ftC’ T—V?rfJ‘ eit(Iirn.w4r1 &‘jLjtii. Csit‘ ‘I Li //KS arc Use PathEasementFAhlCflFl//—---KA DYSTREETWILCOX ELEMENTARY SCHOOLPARCEL AKocpnkiSoqu.!:1k S’U l- 1-ihuc, kqini, Hreciirich200 inkC C4 - 01 ’ ’ ,il?-lICcLEp grp E T or SuRVEYACCO1eNflN DMSIOIIAND GENEra SEJ?QICESSTATE OF HAWAIILoll“j ,r, r qr CT& sEXHIBIT A

COK-Lihue Core RevitAlization EsmntTMK: (4) 3-6-002:02 1 & 022\NV\\‘ \.itç,C CArSTREETUM!W t4kS2r r9 o(irfli; I,8L LD4r6 SIrE(CS.F fl2DShsred Use PathEaseniert‘‘4 -- f4ADCE AND PARK!HG LOT2C’rr r [A cbttf ‘:‘der IRSIiC. r 22,2’X’}USE PA6,500 SQ.- 30,00 ;:‘SUHIJE JSJ PARKC DN rrg, E K:, jLrve OrflKltCSF .K122 4 il.COx E EhIErJTMCT ‘A.,HlJ[’LPexcc’ &Gr.,rcis Ea% iL’, Did, C’iF ZD S7—eI,0 ,NO,W MflCRIAL ØjJ Jr p I.f SITEPorc,I 94REOUC ONOT TO SCALEADDfl1ON TO WILCOX ELEMENTSCHOOLKolapoki. Lihue, Kouo, F-ictwojl J K flail1 ,ncftL1tV,4FT! EtiTi . ;suR\c oI’iiSIoNT— iFHXOIJN[111c l1ti C ri%USTATE OF HAwArrEXjsrr“s rr .,tLr EXHIBIT A

Sep. 21. 2017 7:53AMNo, 1602P. 1Bernard P. Can’aIlw, Jr.Lyle TabataMayorActing County EngineerWallace G. Rezentes, Jr.Managing DirectorDEPARTMENT OF PUBLIC WORKSCounty olKaua%, State of Hawai’i4444 Rice Sweer, Suite 275, LThu’o, HawaPi 96766TEL (808) 2414992 FAX (808) 241-6604May 1,2017Kathryn Matayoshi, SuperintendentHawaI’i State Department of EducationP.O. Box2360Honolulu, Hawaii 96804Subject:Lihue Town Core Mobility and Revitalfzation Project, PAP No. TGR-0700(073)TMK (4) 3-6-002:021 & ‘114K (4) 3-6-002:022 Lot ADear Ms. Matayoshi,The County of Kauai is proposing a shared-use path on the south side ofWilcox ElementarySchool that will traverse approximately 400 SF of State owned property set aside for WilcoxElementary School under the control and management oftheDepartmeut of Education(Executive Order No. 3657), identified as a portion of Tax Map Key No. (4) 3-6-002:021 andapproximately 6,500 SF of State owned properly set aside for addition to Wilcox ElementarySchool under the control and management of ftc Department of Education (Executive Order No.4012), identified as a portion of Tax Map Içey No. (4) 3-6-002:022 Lot A, both situated in Lihue,Kauai, Ha ii.We will be asking the Board of Land and Natural Resources to set-aside to the County ofKauaieasements and construction right-of-entries onto portions ofthe subject properties toaccommodate the shared-use-path.In order to expedite the Land Board’s approval of the easements and fight-of-entries to theCounty of Icauai we request your concurrence to the proceeding. Enclosed for your informationare the following:1. Civic Center Ex.bibit showing shared-use path locations in TMKs 3-6-002:021 & 3-6002:022 Lot A2. Parcel Map from Executive Order No. 3657 delineating the Easement.3 Parcel Map from Executive Order No. 4012 delineating the Easement.If there is no objection to our Land Board request for easements and right-of-entries, pleaseacknowledge your concurrence by signing, dating, and returning the concurrence portion ofthisletter.An Equal OpporhmThy EmployerEXHIBIT B

Sep. 21. 20177:53AM o. 1602P. 2Ms. MatsyoshiMay 1,2017Page 2Your assistance in this matter will be appreciated. If there are any questions, please call me at(808) 241-4994 or email me at Jtabata@kauai.gov.Yours truly,Lyle TabataActing County EngineerConcwrenceSubject to final approval by the Department of the Attorney General, State of Hawaii1 JJWe, theundersigned, concur with the Board of Land and Natural Resources to set-aside easements andissuance of right-of-entries to the County of I(auai onto properties currently set-aside underExecutive Order Nos. 3657 and 4022 to the Department of Education, identified as being aportion of Tax Map Key No. (4) 3-6-002:021, containing an area approximately 1,500 squarefeet and Tax Map Key No. (4) 3-6-002:022 Lot A, containing an area approximately 5,000square feet, both situated in Lihue, Kauai, Hawaii. It is acknowledged that the easements andright-of-entries are required to allow the County of Kauai to construct a shared-use path inconnection with the Li.hue Town Core Mobility and Revitalization Project, FAT’ No. TOP.0 700(073)Hawai’i State Department of EducationMAYDate 5- ic4 2017 pKat kyn M &yoshi, Superintendent

SUZANNE D. CASECHAIRPERSONBO4RD OF LAND AND NATURAL RESOURCESCOMMISSION ON WATER RESOURCEMANkGEMENTDAVID Y. IGEGOVERNOR OF HAWAII 0,i ?Od and%STATE OF HAWAIIStat ofDEPARTMENT OF LAND AND NATURAL RESOURCESLAND DIVISIONPOST OFFICE BOX 621HONOLULU, HAWAII 96809January 12, 2018Ref. No.: 16KD-112EXEMPTION NOTIFICATIONRegarding 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 Item Description:Consulted Parties:Grant of Perpetual, Non-Exclusive Easement with Rightof-Entry to the County of Kauai, Department of PublicWorks, for sidewalk and pathway access purposes.PSF No.: 16KD-112Kalapaki, Lihue, Kauai, Tax Map Keys: (4) 3-6-002:021por. & 022 por.Grant of Perpetual, Non-Exclusive Easement to theCounty of Kauai, Department of Public Works forsidewalk and pathway access purposes as part of theProposed Lihue Town Core Mobility & RevitalizationProject.Use of State land.In accordance with Hawaii Administrative Rule Sections11-200-8(B) and the Exemption List for the County ofKauai approved by the Environmental Council and datedJune 5, 2015, the subject request is exempt from thepreparation of an environmental assessment pursuant toExemption Class 6, “Construction or placement of minorstructures accessory to existing facilities,” Item 9“Construction of interior roadways, driveways, parkingareas, sidewalks, pathways, aisles, curbs, gutters, andother similar items on state lands.”County Department of Public Works, and Department ofEducation, and Department of Accounting and GeneralServices.EXHIBIT C

Recommendation:The prior use of the subject area by the Department ofEducation for pathway purposes has resulted in noknown significant impacts, whether immediate orcumulative, to the natural, environmental and/or culturalresources. As such staff believes that the proposedimprovement of the sidewalk/pathway and grant ofeasement and right-of-entry to COK DPW for sidewalkand pathway purposes would involve negligible or noexpansion or change in use of the subject area beyondthat previously existing. The grant of easement withright-of-entry permit to the County of Kauai will probablyhave minimal or no significant effect on the environment.It is recommended that the Board of Land and NaturalResources find that the action is exempt from thepreparation of an environmental assessment.

4012), identified as a portion ofTax Map Içey No. (4) 3-6-002:022 Lot A, both situated in Lihue, Kauai, Ha ii. We will be asking the Board ofLand and Natural Resources to set-aside to the County ofKauai easements and construction right-of-entries onto portions ofthe subject properties to accommodate the shared-use-path.

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