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2005-07-01 TKNIGHT
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2005-07-01 TKNIGHT
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IWASHITA:Thank you. There was one reference in one of the documents about CCR, <br />what I call CRRs, restrictive covenants and so forth; but I didnt see any documentation of that. <br />So are you aware of any restrictive covenants on how the land can be used? <br />NISHIMURA:May I respond to that? <br />IWASHITA:Sure. <br />NISHIMURA:There are no restrictive covenants that apply to the Phase I increment of <br />the Leilani Estates Subdivision. Its not part of the community association; and they are not part <br />of the covenants that apply to the rest of the subdivision. <br />IWASHITA:Okay, Im not really familiar with Leilani. So when you say Phase I <br />youre talking about this Malama Street area? <br />NISHIMURA:Thats correct. <br />IWASHITA:And that the restrictive covenants that are apparently being referred to <br />applytotheotherpartofLeilaniEstateswheretheresamainentrancethen? <br />NISHIMURA:Thatscorrect. <br />IWASHITA:Okay. Is that the staffs understanding? <br />DARROW:Yes it is. Weve contacted the community association and they confirmed <br />that information. <br />IWASHITA:And that is that this particular parcel is not subject to any CC&Rs? <br />DARROW:Correct. <br />IWASHTIA:Thank you. <br />DARROW:We had requested comments from the association. And when we did not <br />receive any, we contacted them; and they had informed us that this particular parcel was not <br />under their restrictions, as well as the CC&Rs of the Leilani Estates Subdivision. <br />SRINGER:Thank you. Commissioner Siracusa? <br />SIRACUSA:Yes. I just wanted to say that the, what they call the first increment in <br />Leilani was built, its called that way because it was built first; and that was before the <br />covenants. And Increments II and III have the covenants. They are governed by the Board of <br />Leilani Estates. The first increment is not governed by the Board of Leilani Estates. Besides not <br />having the covenants, there are a lot of other things they dont have as well. And so its a whole, <br />it might as well be a different subdivision for all it means, yeah. <br />SPRINGER:Thank you. Commissioners, any further questions for the applicant or his <br />representative? Seeing none, we are ready for a motion then. Is there a motion? <br />10EXHIBIT B <br /> <br />
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