IN THE CIRCUIT COURT OF HE FIFTH CIRCUIT
PACKER, and HAVEN E. KUBOYAMA, ) (Other Civil Action)
Trustee of the Haven E. Kuboyama )
Trust, ) SUMMONS
STEPHANIE E. BLAKEMORE, HEIRS )
AND DEVISEES OF SEVERIO )
EUGENE LUCAS, HEIRS AND )
DEVISEES OF LILY H. LUCAS, )
ASSOCIATION OF APARTMENT ) Date: October 25, 2018
OWNERS OF KAWAIHAU SPORTS ) Time: 1:00 p.m.
VILLAS, JOHN DOES 1-10, JANE DOES ) Judge: Randal G.B. Valenciano
1-10, DOE ENTITIES 1-10, DOE )
CORPORATIONS 1-10, DOE )
GOVERNMENTAL UNITS 1-10, )
AND TO WHOM IT MAY CONCERN, )
HEIRS AND DEVISEES OF LILY H. LUCAS
JOHN DOES 1-10, JANE DOES 1-10, DOE ENTITIES 1-10
DOE CORPORATIONS 1-10, DOE GOVERNMENT UNITS 1-10
AND TO WHOM IT MAY CONCERN
BE ADVISED that a petition has been filed by Terry C. Packer, et al., to extinguish a 30' roadway access easement over, across and under real properties situated at (a 4780 Iiwi Road, Kapaa, Hawaii, identified as Kauai TMK: 4-6-16-47-0001, and (b) 4745 Kawaihau Road, Kapaa, Hawaii, identified as Kauai TMK: 4-6-16-71.
You are summoned and required to serve upon Petitioner's attorney, whose address is 3135-A Akahi Street, Lihue, HI 96766, an answer to the petition by, or appear before the Presiding Judge of the above-entitled Court, in his/her Courtroom at 3970 Kaana Street, Lihue, Kauai, Hawaii, on Thursday, the 25th day of October, 2018, at the hour of 1:00 p.m., failing which default will be taken against you for the relief demand in the said petition.
Dated: Lihue, Hawaii, August 27, 2018.
(SEAL) DOREENA OLIVAS BRUN
Clerk of the above-entitled Court
Walton D. Y. Hong
A Law Corporation
WALTON D. Y. HONG
3135-A Akahi Street
Lihue, HI 96766
Attorney for Petitioner
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IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT
) #P 18-1-0079
VIVIAN TURNER LORD )
FIFTH CIRCUIT COURT NOTICE
If any interested person has objection to the informat probate, he or she may file a petition for formal testacy proceeding within forty (40) days after the date of the first publication of this notice, if any interested person desires further notice concerning the estate, including notice concerning the closing and distribution of the estate, he or she must file a Demand for Notice Pursuant to HRS §560.3-204.
All creditors of the above-named estate are hereby notified to present their claim with proper vouchers or duly authenticated copies thereof, even if the claim is secured by mortgage upon real estate, to said nominee, at the address above shown, within four (4) months from the date of the first publication of this notice, or they will be forever barred.
DATED: LIHUE, Hawaii September 11, 2018.
Danette Fuji, Clerk of the above Court
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FIFTH CIRCUIT COURT NOTICE AND
ESTATE OF CONSUELO ANCHETA YAMANE, DECEASED
FILED, a document purporting to be the Last Will and Testament of the above-named decedent, together with a Petition praying for probate thereof, or alternatively for adjudication of intestacy, and issuance of letters to Albert Mago Yamane, whose address is P.O. box 999, Waimea, HI 96796.
Thursday, November 8, 2018, at 1:00 p.m. before the Presiding Judge in Probate in his/her courtroom at the Kauai Judiciary Complex, 3970 Kaana Street, Lihue, Kauai, Hawaii, is appointed the time and place of hearing said petition and all interested persons.
All creditors of the above-named estate are hereby notified to present their claims with proper vouchers or duly authenti¬cated copies thereof, even if the claim is secured by a mortgage upon real estate, to said nominee at the address shown above within four months from the date of the first publication of this notice or they will be forever barred.
DATED: Lihue, Hawaii, September 14, 2018.
(SEAL) DANETTE FUJII
Walton D. Y. Hong
A Law Corporation
WALTON D. Y. HONG 890
3135-A Akahi Street
Lihue, HI 96766
Attorney for Petitioner
(TGI1134048 9/21, 9/28, 10/5/18) (End Date: Oct 5) (p)
NOTICE OF FORECLOSURE SALE
TERMS OF SALE: The property is sold in "AS-IS" condition, without any representations or warranties as to title or possession, at public auction to highest bidder. No upset price. The successful bidder shall pay a down payment to the Commissioner, by cash, money order, cashier's check or certified check, in an amount not less than ten percent (10%) of the successful bid price; provided however, that Plaintiff U.S. Bank National Association, may satisfy the down payment by way of offset up to the amount of its secured debt. The balance shall be paid concurrently with delivery of the documents transferring title. Such sale shall not be final until approved by the Court. Potential bidders must provide proof of their ability to comply with the 10% of bid requirement prior to participating in the public auction. At the Court's discretion, the 10% down payment may be forfeited in full or in part if the buyer(s) shall fail to pay the balance of the purchase price as and when required. The balance of the purchase price shall be paid to the Commissioner upon the approval and confirmation of the sale by the Court. Buyer shall pay all costs and expenses of closing, including but not limited to the costs of conveyance, preparation of the conveyance document, conveyance taxes, escrow and recording fees, any proof of title or title insurance, notary fee, costs of securing possession after closing and any orders of this Court. The inability of the buyer to secure title insurance or financing shall not be a condition of closing. The Commissioner makes no representations or warranties of title or any other warranty. SALE SUBJECT TO OVERBID PROCESS AND COURT CONFIRMATION.
ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BY INTERESTED BUYERS.
(5.) NOTICE OF MORTGAGEE'S INTENTION TO FORECLOSE UNDER NON-JUDICIAL POWER OF SALE. BATCH BHV81-DOT. Pursuant to Hawaii Revised Statutes §667-61 through §667-65, as amended, and Purchase Money Mortgage, Security Agreement, and Financing Statement with <See Exhibit 'A'>, as Mortgagor, dated <See Exhibit 'A'>, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. <See Exhibit 'A'> notice is given that BHV Development, Inc., a Delaware Corporation as Mortgagee, whose address is 6277 Sea Harbor Drive, Orlando, FL 32821, intends to foreclose its said mortgage, and will hold a sale by public auction of Fee Simple property being that certain project, Bali Hai Resort, located at 4970 Peplani Loop, Princeville, Kauai, HI 96722 (TMK: (4) 5-4-5:36 & 50), on 10/24/2018 at 1680 Haleukana Street, Llihue, Hawaii 96766 at 1:00 p.m. Each of the properties is to be sold as an undivided timeshare interest. There will be no open houses. Terms of the sale are: (1) No upset price. (2) Property sold without covenant or warranty, express or implied, as to the title possession or encumbrances; (3) At the close of the auction, Purchaser shall pay 10% of the highest successful bid price ("Bid") by money order, certified, or cashier's check drawn against a United States based financial institution, in US Currency, made payable to FIRST AMERICAN TITLE COMPANY as a non-refundable deposit; provided that Mortgagee may submit a credit bid up to the amount of the secured indebtedness; (4) The property shall be conveyed by Mortgagee's quitclaim conveyance. Purchaser shall meet the following obligations: (a) Purchaser shall deliver a cashier's check no later than 15 days after the auction, to escrow for the balance of the Bid; (b) Purchaser shall pay all closing costs including, but not limited to: costs of document drafting, notary fees, consent fees, escrow fees, conveyance tax, recordation fees and other charges, together with any special assessments which may arise under HRS 514B-146(g)(h)(i); (5) Purchaser shall provide the auctioneer with the selected names (vesting) and tenancy for title to the property at the conclusion of the auction; (6) Purchaser shall be responsible for obtaining title insurance, if so desired, however, the availability of title or other insurance shall not be a condition of closing; (7) Time is of the essence in this transaction and any delay in performance by Purchaser which prevents the closing from occurring within 30 days after the auction shall cause Mortgagee to sustain damages in amounts which will be difficult to ascertain. In the event the sale does not close because of any delay in performance by the Purchaser as herein stated, the 10% down payment may be retained by Mortgagee as liquidated damages and not as a penalty; (8) If title is not conveyed to Purchaser for any reason, other than Purchaser's failure to perform as specified herein, the Mortgagee's sole responsibility shall be the return of the Bid funds tendered by Purchaser. The Purchaser shall have no further recourse against the Mortgagee or its agents, attorneys, servicers and auctioneers; (9) The sale may be postponed from time to time by public announcement by Mortgagee or someone acting on its behalf; (10) By submitting the Bid, Purchaser acknowledges reading the terms and conditions set forth in this notice and agrees to be bound thereby and sign a written acceptance of all terms herein. For further particulars, contact Wyndham Vacation Resorts, Inc., (800) 251-8736 8am to 5pm, (Eastern Time). Conductor of the public sale in the state of Hawaii: Aqua Legal, LLC. on behalf of, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1099 Alakea Street, suite 2430, Honolulu, Hawaii 96813. Dated: September 24, 2018. EXHIBIT "A": Mortgagor(s), Ownership Interest No. (ICN), Mortgage Document No., Mortgage Date; JEFF L BRONER, 00115-0908697, 2009-113232, 6/14/2009; WILLIAM G MEDEIROS and BEVERLY J MEDEIROS, 00115-1012895, 2010-158814, 9/10/2010; EUGENE H THEOBALD, 00115-1203999, A-45050005, 3/14/2012; DIANE K ALCOTT, 1151600541, A-59170162, 1/17/2016; JOHN JOSEPH BEALE, 00063-1020369, 2010-185994, 10/19/2010; FREDERICK WARD and JANE ANNE MCGAW-WARD, 00115-1207834, A-45880470, 5/29/2012; DONALD T DAVIDSON and JAANA K DAVIDSON, 00115-1500345, A-55850414, 1/8/2015; JENNIFER RENEE CLIMER and BRIAN ELDON CLIMER, 00063-1101557, 2011-035898, 1/20/2011; MONICA A SHERIDAN, 00087-0903812, 2009-105303, 5/27/2009.
(TGI1134987 9/25, 10/2, 10/9/18) (End Date: Oct 9) (p)
NOTICE OF FORECLOSURE SALE
LOCATION OF PROPERTY: 669 Aewa Street, Eleele, Kauai, Hawaii 96705.
TMK No. 4-2-1-008-017-0000
DESCRIPTION OF PROPERTY: Offered for sale is the fee simple interest in a one-story, 960 sq. ft. single-family residence with three bedrooms, two bathrooms, and a carport, located on a 7,668 sq. ft. lot.
TERMS OF SALE: Property sold in "AS IS" condition without any representations or warranties whatsoever as to title or possession and by way of quitclaim conveyance to the highest bidder, at public auction without an upset price. Bidders must provide proof of ability to comply with 10% down payment requirement prior to the opening of the bidding. The successful bidder must pay 10% of the purchase price in cash, money order, by cashier's check or by certified check immediately upon close of auction. The sale shall not be final until approved by the Court. The balance of the purchase price is payable concurrently with delivery of the documents transferring title. All costs and expenses of closing, including without limitation, the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as the costs of securing possession of the Property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the Property is a condition of closing.
The purchaser is solely responsible for and the Commissioner makes no representations or warranties with respect to determining property boundaries, tax status of property, zoning requirements and restrictions, and property access. The Purchaser should conduct an independent investigation into these matters.
PUBLIC AUCTION: Friday, October 19, 2018, 12:00 p.m. at the Front Entrance to Fifth Circuit Court House located at 3970 Ka'ana Street, Lihue, Hawaii 96766.
OPEN HOUSES/INSPECTION: Sunday, September 30, 2018, from 12:00 p.m. to 2:00 p.m., and Sunday, October 7, 2018, from 12:00 p.m. to 2:00 p.m.
FURTHER DETAILS: For further information, contact: COMMISSIONER, KATHERINE A. CASWELL, ESQ., 4265 Halenani Street, Lihue, Hawaii 96766, Phone: (808) 431-4211, Fax: (808) 441-0951 Email:
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NOTICE OF INTENT FOR ASSOCIATION'S FORECLOSURE
Timothy Jackson Buchanan& Melanie Mikal Buchanan, 211413-07 OP, 1/104, 0.005266775, 11/26/2007, 2007-204953, 2 Bedroom/Ocean, FLOAT, FLOATING, $7663.39, Michele Evangelista, 610402-09 AP, 1/52, 0.01053355, 05/29/2008, 2008-086564, 2 Bedroom/Ocean, FLOAT, FLOATING, $7060.20, Michele Evangelista, 211817-13 EP, 1/104, 0.005266775, 08/14/2009, 2009-125615, 2 Bedroom/Ocean, FLOAT, FLOATING, $3922.25, Michele Evangelista, 220507-23 EP, 1/104, 0.005266775, 08/14/2009, 2009-125615, 2 Bedroom/Ocean, FLOAT, FLOATING, $3922.25, Michele Evangelista, 310103-45 EP, 1/104, 0.005266775, 08/14/2009, 2009-125615, 2 Bedroom/Ocean, FLOAT, FLOATING, $3922.25, Scott Lee Mclain & Linda Jean Mclain, 720402-30 OP, 1/104, 0.00526775, 02/26/2008, 2008-027871, 2 Bedroom/Ocean, FLOAT, FLOATING, $11869.06, Steven David Porter & Cynthia Knight Porter, 711416-02 AP, 1/52, 0.01053355, , 03/13/2008, 2008-038591, 2 Bedroom/Ocean, FLOAT, FLOATING, $7049.59, William Calvin Silva & Shirley Margareta Silva, 731315-31 AP, 1/52, 0.01053355, 04/30/2008, 2008-068065, 2 Bedroom/Ocean, FLOAT, FLOATING, $3750.40.
PLEASE BE AWARE THAT OUTSTANDING BALANCE DUE ARE SUBJECT TO CHANGE DUE TO, PAYMENT, INTEREST, ETC.
NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTED.
If you would like to bring your account current, please contact, 1-800-729-8246, ext. 62200, (407) 903-4695 directly.
For further particulars regarding the auction, please contact Danette M. Aiwohi or Tammi Broad at Preferred Contract Mgmt. Inc., P.O. Box 11460, Hilo, Hi 96721, Phone 1-808-935-7106.
DATED: Hilo, Hawaii, September 10, 2018
(TGI1132543 9/16/18) (End Date: Sep 30) (p)
NOTICE OF FORECLOSURE SALE
NO OPEN HOUSES OR SHOWINGS AVAILABLE
THE SALE IS SUBJECT TO FINAL COURT CONFIRMATION AND APPROVAL.
OWNER'S NOTICE OF
PRW Princeville Development
OWNER'S NOTICE OF
5-3700 Kuhio Hwy Princeville, Hawaii, TMK: 4-5-3-006-001, has been completed.
PRW Princeville Development
IN THE FAMILY COURT OF THE FIFTH CIRCUIT
TO: LAUREN GOLLER, Mother RANDY RAGUDO, Father
YOU ARE HEREBY NOTIFIED that a hearing with respect to the above-identified matter has been set in each of the above-entitled proceeding and will be held in the Family Court, 3970 KAANA STREET, COURTROOM #3, LIHUE, KAUAI, HAWAII 96766, on
THURSDAY, OCTOBER 25, 2018, at 1:00 P.M., before the Honorable Presiding Judge of the above-entitled Court; provided that you may request an earlier hearing to be set by the Court.
You are hereby advised that if you fail to appear on the date set forth in this notice or to file an answer with the clerk of the Family Court of the Fifth Circuit, whose mailing address is 3970 Kaana Street, Lihue, Kauai, Hawaii 96766, further action shall be taken without further notice to you and your parental and custodian duties and rights concerning the child(ren) who is/are the subject of a petition may be terminated by award or permanent custody and that such child(ren) may then be placed for adoption.
DATED: Lihue, Kauai, Hawaii, JUL 13 2018.
(SEAL) DOREENA OLIVAS BRUN
CLERK OF THE ABOVE-ENTITLED COURT
RUSSELL A. SUZUKI 2084
State of Hawaii
RUSSELL K. GOO 7054
Deputy Attorney General
3060 Eiwa St., RM. 302A
Lihue, Kauai, Hawaii 96766
Telephone: (808) 274-3222
Attorneys for the Department
or Human Services
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Amendments to The Charter of the County of Kaua'i
1. SHALL THE CHARTER BE AMENDED BY REPEALING ARTICLE IX, PUBLIC DEFENDER, AS THIS FUNCTION IS ALREADY PROVIDED BY THE STATE?
Purpose: The Public Defender section of the Kaua'i County Charter was rendered obsolete when the State Constitution in 1968 mandated that the State provide counsel to indigent defendants and when the State Legislature in 1971 established the State Office of the Public Defender. This amendment would therefore remove an outdated and unnecessary article from the Charter.
Background: In 1971 the State established an Office of the Public Defender and a statewide system for the appointment of legal counsel as required under the law. As such, the County Council has never found it necessary to establish a County Public Defender by ordinance.
2. SHALL THE CHARTER BE AMENDED BY REPEALING ARTICLE XXX, WHICH EMPOWERS THE COUNCIL TO CREATE AN ELECTRIC POWER AUTHORITY BY ORDINANCE?
Purpose: The purpose of this amendment is to remove the article empowering the Council to establish an electric power authority by ordinance, since the Kaua'i Island Utility Cooperative has competently managed and operated Kaua'i's electrical power system, and delivered electrical power to Kaua'i in an economically viable manner, for more than a decade and a half.
Background: Article XXX was approved by the voters in the 2002 general election. The County Council proposed Article XXX as a Charter amendment in response to the proposed sale of Kaua'i Electric Company to the Kaua'i Island Utility Cooperative (KIUC). Article XXX empowered the County to intercede in the event that the sale of Kaua'i Electric to KIUC collapsed, or if KIUC had problems in providing electrical services. In September of 2002, the Hawai'i Public Utilities Commission (PUC) approved the sale of Kaua'i Electric to KIUC. Since 2002, KIUC, Hawai'i's only member owned electrical cooperative, has managed and operated the electrical power system on Kaua'i.
3. SHALL ARTICLE XIV, PLANNING DEPARTMENT, SECTIONS 14.01, 14.03, 14.12, 14.13, AND 14.14 BE AMENDED BY REMOVING ALL REFERENCES TO THE ZONING BOARD OF APPEALS?
Purpose: The County has been unable to find volunteers willing to sit on the Zoning Board of Appeals due to the significant time commitment required. Accordingly, this amendment would eliminate the Zoning Board of Appeals.
Background: The Zoning Board of Appeals was created in the 2016 general election with the expectation that it would reduce or eliminate the expense of hiring hearings officers to conduct appeals from decisions of the Planning Department. However, the Zoning Board of Appeals has proven difficult to enact. It would require seven volunteers to work approximately 16-25 hours weekly and the County has been unable to recruit capable volunteers willing to make such a time commitment. Thus, the Zoning Board of Appeals has never been seated.
4. SHALL ARTICLE XIX, FINANCIAL PROCEDURES, SECTION 19.15(C) BE AMENDED TO PERMIT THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND TO INCLUDE IMPROVEMENTS?
Purpose: Currently the Public Access, Open Space, Natural Resources Preservation Fund may only be used for the acquisition of land or property entitlements for conservation purposes. This amendment would expand the permissible uses of the fund to include paying for improvements to lands or entitlements acquired by the fund, and to improving existing public beach accesses.
Background: The Public Access, Open Space, Natural Resources Preservation Fund was established by the voters in 2002 to fund the acquisition of land and public easements for land conservation purposes. Conservation purposes include acquisitions for beach and mountain public accesses, the preservation of historic and culturally important areas, the protection of significant habitat or ecosystem, protecting watersheds, conserving land to reduce natural hazards, and improving access to public lands for the disabled. It is the duty of the Open Space Commission to provide an annual recommendation to the County Council regarding lands or entitlements proposed for acquisition. Since the acquisition of land or public easements may require significant expense to improve the acquired land or easement, the Council has in the past refrained from acquiring properties identified by the Open Space Commission due to the expected financial burden of paying for such improvements. This amendment would allow the fund to also be used to improve lands or easements acquired with the fund, and to improve existing public beach accesses, but would not authorize use of the fund proceeds for regular maintenance.
5. SHALL ARTICLE XXIX, SALARY COMMISSION, SECTIONS 29.01 AND 29.03 BE AMENDED TO GIVE THE SALARY COMMISSION AUTHORITY TO ESTABLISH THE MAXIMUM SALARIES OF ALL ELECTED AND APPOINTED OFFICIALS, AND TO ADD THE DIRECTOR OF HUMAN RESOURCES AND THE DIRECTOR OF FINANCE AS EX-OFFICIO, NON-VOTING MEMBERS OF THE COMMISSION?
Purpose: This amendment eliminates the County Council's authority to reject all or part of the Salary Commission's annual salary resolution thereby giving the Commission sole authority to set the maximum salaries of elected and appointed officials. It also makes the Director of Human Resources and the Director of Finance advisory members of the Salary Commission.
Background: Under the current charter, the Salary Commission is charged with submitting an annual resolution to the Mayor and Council establishing the maximum salaries of all elected and appointed county officers. The Charter, however, permits the Mayor or relevant department head to set the actual salary of any appointee at a figure lower than the maximum established by the Salary Commission, and authorizes the County Council to reject the Salary Commission's entire resolution or any part of it. This permits the County Council to pick and choose which appointees in the executive branch of government may receive salary adjustments. This amendment would eliminate the County Council's veto power over the Salary Commission's annual resolution, while retaining the right of the Mayor and department heads to set actual salaries at less than the maximum. Any change in County Council salaries would still only take effect in the next Council term. This amendment would also add the Director of Human Resources and the Director of Finance to the existing seven-member Salary Commission as ex-officio, non-voting members to provide information on subject-matter and cost matters.
Pursuant to Hawai'i Revised Statutes §50-11 and Article XXIV, Section 24.02, of The Charter of the County of Kaua'i, the Kaua'i County Council is publishing the following Proposed Amendment to The Charter of the County of Kaua'i, which the County Council has approved for inclusion on the 2018 general election ballot.
1. SHALL THE TERM LIMIT OF OFFICE FOR COUNCILMEMBERS BE REMOVED?
Purpose: This amendment eliminates the term limitation for the office of Councilmember.
Background: In the 2006 general election, the electorate approved a Charter amendment establishing term limits for the office of Councilmember of no more than four consecutive two year terms.
To review all proposed changes to the Charter, please go to www.kauai.gov/Charter or contact the Office of Boards and Commissions at 241-4917 or the Elections Division at 241-4800 or 241-4924 (V/TRS), Monday-Friday, between 7:45 a.m. and 4:30 p.m.
(TGI1125143 9/26, 10/7, 10/24, 11/4/18) (End Date: Nov 4) (p)
C&S Glass & Screen
Cemetery plot for sale at Kauai Memorial Gardens. Can accomodate two
Tankless Gas Hot Water Heaters $175