This preliminary report was issued on May 8, 2020 by Hawaii Title Agency, LLC for 98-673 Kilinoe Street, Aiea, HI 96701. The report provides information on the title to the property, which is currently vested in Angela Sue Kaaihue and Yong Nam Fryer as joint tenants. The report lists 31 exceptions that may affect the insurable title, including easements, deed restrictions, and legal orders regarding access rights.
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Kaaihue's Preliminary Title Report, as of Mar. 2021, dates back to 1970
1. 201 Merchant St, Suite 100
Honolulu, HI 96813
(808) 532-2977
Preliminary Report 2020-0505544
PRELIMINARY REPORT
Issue Date: May 8, 2020 Plant Date: April 21, 2020 at 8:00AM Title Officer: Rachel Romena
File No: Reference: Tax Map Key: Lot Number: Liability: $100
2020-0505544 98-673 Kilinoe Street, Aiea, HI 96701 (1) 9-8-073-002 881-B-5 Fee: $100
Keller Williams Honolulu
1001 Kamokila Blvd, Suite 106
Kapolei, HI 96707
Attn: Adrienne Lally
In response to the above referenced application for a policy of title insurance, Hawaii Title Agency, LLC hereby reports
that it is prepared to issue, as of the date hereof, an A.L.T.A. Standard form of Policy of Title Insurance describing the
land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to
the printed Schedule, Conditions and Stipulations of said policy form.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of
a policy of title insurance, a Commitment should be requested.
The estate or interest in the Land described or referred to in this Commitment is:
FEE SIMPLE
Title to said FEE SIMPLE estate or interest at the date hereof is vested in:
ANGELA SUE KAAIHUE, unmarried, and YONG NAM FRYER, wife of Mike Fryer, as Joint Tenants
Privacy Notice (15 U.S,C. 6801 AND 16 CFR Part 313)
We collect nonpublic personal information about you from information you provide on forms and documents and from other people
such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic personal information about our
customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about
you to those employees who need to know that information in order to provide products or services to you. We maintain physical,
electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
2. Preliminary Report 2020-0505544
EXCEPTIONS
1. Tax Key: (1) 9-8-073-002
Taxes for the fiscal year of 2019-2020 are as follows:
1st installment: $974.14 PAID
2nd installment: $974.14 PAID
2. Reservations in favor of the State of Hawaii of all mineral and metallic mines, including, but not limited to,
geothermal rights, and the right to remove the same, all right, title, interest or claim to waters having their source
upon or flowing over or under the property, easement for the free flowage of waters through, over, under and
across the property, and any interests in the property that may have escheated to the State.
3. An easement in favor of the State of Hawaii for the natural flowage of water, over, through, and across that
portion of the Waimalu Stream included within the boundaries of the land registered herein; but provided,
however, that the said easement shall not be deemed to be a waiver of prejudicial to the rights in said Waimalu
Stream appurtenant or belonging to the lands herein registered.
4. LEASE OF RIGHT-OF-WAY
In Favor Of: HAWAIIAN ELECTRIC COMPANY, INC., a Hawaii corporation and GTE
HAWAIIAN TELEPHONE COMPANY, iNCORPORATED, a Hawaii corporation
now known as HAWAIIAN TELCOM, INC.
Dated: March 9, 1956
Recorded: July 16, 1956
Document No.: 190860
Term: commencing on March 9, 1956 and ending on December 31, 1965, and
thereafter from year to year until terminated
Purpose: Right and easement for utility purposes.
5. The terms, covenants, conditions, restrictions, reservations, obligations, exceptions, easements, and other
provisions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in the following:
DEED
Dated: November 24, 1970
Recorded: December 2, 1970
Document No.: 520690
6. The terms, covenants, conditions, restrictions, reservations, obligations, exceptions, easements, and other
provisions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in the following:
DEED
Dated: November 17, 1970
Recorded: December 2, 1970
Document No.: 520691
3. Preliminary Report 2020-0505544
7. The terms, covenants, conditions, restrictions, reservations, obligations, exceptions, easements, and other
provisions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in the following:
DEED
Dated: November 24, 1970
Recorded: December 2, 1970
Document No.: 520692
8. The terms, covenants, conditions, restrictions, reservations, obligations, exceptions, easements, and other
provisions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in the following:
DEED
Dated: November 8, 1970
Recorded: December 2, 1970
Document No.: 520693
9. The terms, covenants, conditions, restrictions, reservations, obligations, exceptions, easements, and other
provisions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in the following:
DEED
Dated: December 1, 1970
Recorded: December 4, 1970
Document No.: 520964
10. The terms, covenants, conditions, restrictions, reservations, obligations, exceptions, easements, and other
provisions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in the following:
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESERVATIONS OF THE NEWTOWN
ESTATES
Dated: May 26, 1972
Recorded: May 31, 1972
Document No.: 582929
11. Easement "128 (20 feet wide)" for waterline purposes, as shown on Map 33, as set forth by Land Court Order
No. 40515, filed on August 30, 1974.
12. GRANT
In Favor Of: CITY AND COUNTY OF HONOLULU
Dated: February 21, 1975
Recorded: September 11, 1975
Document No.: 735013
Purpose: granting an easement for waterline and incidental purposes over said Easement 128.
4. Preliminary Report 2020-0505544
13. Easement 140 (42 square feet, more or less) for electrical purposes, as shown on Map 33, as set forth by Land
Court Order No. 40515, filed on August 30, 1974.
14. GRANT
In Favor Of: CITY AND COUNTY OF HONOLULU, a municipal corporation
Dated: February 21, 1975
Recorded: September 11, 1975
Document No.: 761243
Purpose: granting an easement for utility and incidental purposes
15. Easement 331 (50 feet wide) for flowage purposes, as shown on Map 65, as set forth by Land Court Order No.
59097, filed on February 23, 1981.
16. GRANT OF FLOWAGE EASEMENTS
In Favor Of:
Dated: December 14, 1985
Recorded: April 8, 1987
Document No.: 1453484
Purpose: granting an easement for flowage over Easement 331 and incidental purposes
17. Easement 332 (50 feet wide) for flowage purposes, as shown on Map 65, as set forth by Land Court Order No.
59097, filed on February 23, 1981.
18. GRANT OF FLOWAGE EASEMENTS
In Favor Of: CITY AND COUNTY OF HONOLULU, a municipal corporation of the
State of Hawaii
Dated: January 3, 1986
Recorded: April 8, 1987
Document No.: 1454715
Purpose: granting an easement for flowage over Easement 332 and incidental purposes
19. Easements 339 (10 feet wide for drainage purposes; 340 (1,684 square feet, more or less) for flowage
purposes; 341 (96,177 square feet, more or less) for access purposes and 342 (10 feet wide) for electrical
purposes; affecting said Lot 881-B-5 as shown on Map 69, as set forth by Land Court Order No. 65009, filed on
February 16, 1983.
NOTE: Easement 341 as shown on Map 69 and in the Enlargement 3 included on said Map, a copy of said Map
of which is attached hereto as Exhibit "1".
20. Easement 369, 370 and 371, as shown on Map 69, as set forth by Land Court Order No. 67566, filed on
October 17, 1983.
21. GRANT OF FLOWAGE EASEMENTS
In Favor Of: CITY AND COUNTY OF HONOLULU, a municipal corporation
of the State of Hawaii
Dated: April 4, 1985
Recorded: April 8, 1987
Document No.: 1453485
Purpose: granting an easement for flowage and incidental purposes
5. Preliminary Report 2020-0505544
22. The terms, covenants, conditions, restrictions, reservations, obligations, exceptions, easements, and other
provisions, but omitting any covenants or restrictions if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under Chapter
42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons, as contained in the following:
DECLARATION OF RESTRICTIVE COVENANTS
Dated: August 12, 1992
Recorded: September 2, 1992
Document No.: 1950223
The foregoing DECLARATION was amended by the following:
AMENDED DECLARATION OF RESTRICTIVE COVENANTS
Dated: November 16, 1992
Recorded: June 30, 1993
Document No.: 2040093
23. ENCROACHMENT AGREEMENT AND LICENSE
By and Between: RICHARD SATOSHI UENO, as Trustee of the Richard Satoshi Ueno
Revocable Trust which was created by an unrecorded declaration dated January
24, 1990", "First Party", and HERBERT K. HORITA REALTY, INC., a Hawaii
corporation "Second Party"
Dated: December 18, 1995
Recorded: December 29, 1995
Document No.: 2281999
24. ENCROACHMENT AGREEMENT AND LICENSE
By and Between: HIDEO HASHIMOTO, husband of Kazuko Hashimoto, "First Party"
and HERBERT K. HORITA REALTY, INC., a Hawaii corporation, "Second Party
Dated: June 13, 1996
Recorded: June 18, 1996
Document No.: 2316540
25. Claims arising out of customary or traditional rights and practices, including without limitation those exercised for
subsistence, cultural, religious, access or gathering purposes as provide for in the Hawaii Constitution or the
Hawaii Revised Statutes, as amended.
26. Any unrecorded leases, sublease, and/or tenancy agreements demising a portion of the land herein described,
and any encumbrances affecting the same.
27. GRANT OF EASEMENT
In Favor Of: TOBU DEPARTMENTSTORE CO., LTD., a Japan corporation
Dated: July 14, 2005
Recorded: July 15, 2005
Document No.: 3298132
Purpose: granting an easement for pedestrian and vehicular access and utility
and incidental purposes over, across, under and through a portion of Lot 881-B-5,
approximately thirty (30) feet wide.
6. Preliminary Report 2020-0505544
28. MEMORANDUM OF OPTION AGREEMENT
Seller: PACIFIC AINA DEVELOPMENT, INC.
Buyer: TOBU DEPARTMENTSTORE CO., lTD., a Japan corporation
Dated: July 14, 2005
Recorded: July 15, 2005
Document No.: 3298133
Term: Commence upon the execution of the Option Agreement, and continues
through December 31, 2020.
The foregoing OPTION AGREEMENT was assigned by the following:
ASSIGNMENT OF OPTION AGREEMENT
Assignor: WAIMALU HOLDING COMPANY, LLC., a Hawaii limited liability
company
Assignee: SFA ENTERPRISES, LLC., a Hawaii limited liability company
Dated: June 24, 2016
Recorded: July 14, 2016
Document No.: T-9691171
29. ORDER GRANTING WG MINAMI, INC'S SUBSTANTIVE JOINDER IN RESPONDENT-COUNTER
PETITIONER BOARD OF WATER SUPPLY, CITY AND COUNTY OF HONOLULU'S MOTION FOR PARTIAL
SUMMARY JUDGMENT TO NOTE BOARD OF WATERY (SIC) SUPPLY'S CONTINUING RIGHT OF ACCESS
ON TCT 958,921 (FILED 4-30-12) FILED ON 5-1-10; EXHIBIT A.
Dated: September 7, 2012
Recorded: October 4, 2012
Document No.: T-8312332
The foregoing ORDER was amended by the following:
Dated: Recorded: Document No.:
October 17, 2012 October 22, 2012 T-8330405
February 3, 2017 February 10, 2017 T-9902366
30. STIPULATION BETWEEN PETITIONERS ANGELA SUE KAAIHUE AND YONG NAM FRYER AND
RESPONDENT-COUNTER PETITIONER STATE OF HAWAII AS TO THE STATE OF HAWAII'S
ENTITLEMENT TO AN EASEMENT FOR ACCESS PURPOSES
Dated: December 21, 2012
Recorded January 20, 2015
Document No. T-9150211
31. ORDER GRANTING IN PART AND DENYING IN PART RESPONDENT-COUNTER PETITIONER STATE Of
HAWAII'S MOTION FOR PARTIAL SUMMARY JUDGMENT TO NOTE STATE OF HAWAII'S CONTINUING
RIGHT OF ACCESS ON TCT 958,921 FILED JULY 6, 2012 FILED IN THE LAND COURT OF THE STATE OF
HAWAII ON OCTOBER 5, 2012
Dated: ---
Recorded: January 20, 2015
Document No. T-9150212
7. Preliminary Report 2020-0505544
32. MORTGAGE
Loan No.: NONE
Mortgagor: ANGELA SUE KAAIHUE
Mortgagee: BAYS LUNG ROSE & HOLMA, a Hawaii general partnership
Dated: November 6, 2015
Recorded: November 9, 2015
Document No: T-9443347
Principal Sum: $58,514.59
The present amount due should be determined by contacting the owner of debt.
33. FINAL JUDGMENT - CIVIL NO. 13-1-2161-08
Plaintiff: NEWTOWN ESTATES COMMUNITY ASSOCIATION
Defendant: ANGELA SUE KAAIHUE and YONG NAM FRYER, et. al.
Dated: December 4, 2019
Recorded: December 31, 2019
Document No.: A-73040687
Amount: $273,381.19 against ANGELA SUE KAAIHUE and YONG NAM FRYER in favor of
NEWTOWN ESTATES COMMUNITY ASSOCIATION
34. This report has been prepared as a status of title only, with no liability herein assumed Hawaii Title Agency, LLC
reserves the right to add additional exceptions and/or title requirements if the report is used in a transaction.
35. NOTE(S):
(1) The address for the property herein described is as follows:
98-673 Kilinoe Street, Aiea, HI 96701
(2) There are no conveyances affecting said land recorded within twenty-four (24) months of the said
date of this report.
8. Preliminary Report 2020-0505544
LEGAL DESCRIPTION
All of that certain parcel of land situate at Waimalu, District of Ewa, City and County of Honolulu, State of Hawaii,
described as follows:
Lot 881-B-5, area 3,587,454 square feet, more or less, as shown on Map 69, filed in the Office of the Assistant Registrar
of the Land Court of the State of Hawaii with Land Court Application No. 950 (amended) of Edith Austin and others;
Being all of the land described in Transfer Certificate(s) of Title No. 958,921.
As conveyed by the following:
WARRANTY DEED
Grantor: WALLACE KULP LEAN, husband of Pauline Isaacs Lean
Grantee: ANGELA SUE KAAIHUE, unmarried, and YONG NAM FRYER, wife of Mike Fryer,
as Joint Tenants
Dated: September 16, 2009
Recorded: September 18, 2009
Document: 3899673
9. File No.: 2020-0505544
Privacy Policy
PRIVACY POLICY NOTICE
Hawaii Title Agency, LLC
File No.: 2020-0505544
Hawaii Title Agency, LLC values our customers and we are committed to protecting the privacy of personal
information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure
the continued protection of your nonpublic personal information and inform you about the measures Hawaii Title
Agency, LLC takes to safeguard that information.
Who is Covered
Each customer who purchases a title insurance policy or obtains settlement services through Hawaii Title Agency,
LLC
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain
nonpublic personal information directly from the customer, from customer-related transactions, or from third
parties such as lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic information is limited to those employees who have a need to know in order to perform
their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting,
claims administration and accounting.
Information Sharing
Hawaii Title Agency, LLC does not share personal information that it collects with anyone other than those
individuals necessary to complete the real estate settlement services and issue its title insurance policy as
requested by the consumer. Hawaii Title Agency, LLC may share nonpublic personal information as permitted by
law with entities with whom Hawaii Title Agency, LLC has a joint marketing agreement. Entities with whom Hawaii
Title Agency, LLC has a joint marketing agreement have agreed to protect the privacy of our customer’s nonpublic
personal information by utilizing similar precautions and security measures as Hawaii Title Agency, LLC uses to
protect this information and to use the information for lawful purposes. Hawaii Title Agency, LLC, however, may
share information as required by law in response to subpoena, to a government regulatory agency or to prevent
fraud.
Information Security
Hawaii Title Agency, LLC, at all times, strives to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain
physical, electronic and procedural safeguards in compliance with federal standards to protect that information.
10. Branch :H14,User :GDIM Order: 2020-0505544 Title Officer: Comment: Station Id :KT50
HAWAII,HI Page 1 of 1 Printed on 5/8/2020 6:50:45 PM
Document: Assessor Map (TMK-Oahu)
- Zone.Sect.Plat 9.8.073