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PL-SMA-2022-000018, PL-SPP-2022-000018 01.06.23 K. POMEROY & K. TOUBMAN TESTIMONY
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2023-03-16 Leeward
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Item #4 Ahu Pohaku Ho'omaluhia LLC (formerly Robert Watkins and Jean Sunderland) (PL-SPP-2022-000018)
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Board Packet from 2023-01-19 Hearing
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PL-SMA-2022-000018, PL-SPP-2022-000018 01.06.23 K. POMEROY & K. TOUBMAN TESTIMONY
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Last modified
1/9/2023 8:51:39 PM
Creation date
3/13/2023 3:38:22 PM
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Plan Doc Template
Document Date
1/6/2023
Related Permits
PL-SMA-2022-000018, PL-SPP-2022-000018
Parcel Number
540090140000
Description
KATHERINE POMEROY AND KARL TOUBMAN, TESTIMONY FOR AHU POHAKU HOOMALUHIA
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Corporation, the U.S. Department of Housing and Urban Development or the <br />Office of Veterans Administration. Each and every Project lot owner, occupant, <br />mortgagee, lien holder and other party acquiring an interest in the Project, or the <br />Project lots therein, by such acquisition, consents to such amendments and Grant <br />as described herein; and appoints Declarant and its assigns, whichever may be <br />applicable, his or her attorney-in-fact with full power of substitution to execute <br />and deliver such documents and instruments and to do such things on his or her <br />behalf, which grant of such power, being coupled with an interest, is irrevocable <br />for the term of said reserved rights, and shall not be affected by the disability of <br />such party or parties. No amendment hereto shall negate or adversely impact any <br />of Declarant's reserved rights hereunder without the prior written consent of <br />Declarant. <br />Declarant shall have the absolute right, notwithstanding the lease, sale or <br />conveyance of any Project lots and without being required to obtain the consent or <br />joinder of any Project lot owner(s), mortgagee, lien holder, or other persons, to <br />record and/or file any cancellations, amendments, releases and any and all other <br />instruments necessary or appropriate for the purposes of effecting the public <br />access easements. Each and every party acquiring an interest in any Project lot or <br />lands covered by this Declaration, by such acquisition, consents to such <br />amendments, deletion and removal and to the filing or recordation of such <br />documents as may be necessary or convenient to effect the same, agrees to <br />execute such document and do such other things on its behalf, which grant of such <br />power, being coupled with an interest, is irrevocable and shall not be affected by <br />the disability of any such party. <br />In the exercise of the foregoing rights, Declarant may at any time: (i) file and <br />process a revised final plat map with the County of Hawaii for the designation of <br />the public access easements, (ii) record the affidavit of the surveyor with metes <br />and bounds description and map of said public access easements with the Bureau <br />of Conveyances and/or Land Court, as applicable, (iii) if deemed necessary record <br />amendmentsio this Declaration, and (iv) record the cancellation of said <br />Declaration. <br />The rights reserved to Declarant under this Section shall extend to Declarant, and <br />their successors and assigns. <br />D. Termination. Unless earlier terminated pursuant to the express terms hereof, this <br />Declaration shall remain in effect perpetually until cancelled or terminated by the <br />Declarant. <br />E. Severability and the Rule Against Perpetuities. If any provision of this <br />Declaration, or any section, sentence, clause, phrase or word or the application <br />thereof in any circumstances shall be held invalid, the validity of the remainder of <br />this Declaration and of the application of such provision, sentence, clause, phrase <br />or word under any other circumstances shall not be affected. If any provision of <br />this Declaration would violate the Rule Against Perpetuities or any other <br />
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