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Home My WebLink AboutCOM 0301.003 1996-1998Stephen K. Yamashiru Almwr Count of �'Rttfirttii March 5, 1998 PLANNING DEPARTMENT n — 25 Aupuni street, Room 109 • Hilo, Hawaii 96720.4252 r ._ (808) 961.8288 • Fax (808) 961.8742 Mr. Alan M. Okamoto Nakamoto, Yoshioka & Okamoto 187 Kapiolani Street Hilo, HI 96720 Dear Mr. Okamoto: Change of Zone Ordinance No. 97 95 (REZ 863) Applicant: Rodney Inaba Subject: Compliance with Condition H (Restrictive Covenants) TMK• 6-4-1:35 Virginia Goldstein Director Russell Kokubun Depuro Direcmr This is to acknowledge receipt of your recorded copy of the Declaration of Restrictive Covenants in compliance with Condition H of the above -referenced ordinance. Thank you for complying with this requirement. As a reminder, you are required to comply with all conditions as stated in the above -referenced ordinance within their appropriate timetables. Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this office at 961-8288. Sincerely, mac, 'w "::� —o4_ VIRGINIA GOLDSTEIN Planning Director PF:jkg f. \wpwin60\phy ll is \I inaba0l . pkf cc w/ltr: West Hawaii Office Tanning Commission ounty Council X11,, 30/ 03 AIS No. t x6r. xot ad. NAKAMOTO, YOSHIOKA & OKAMOTO ATTORNEYS AT LAW, A LAW CORPORATION ROY K- NAKAMOTO 187 KAPIOLANI STREET TERENCE T. YOSHIOKA . HILO, HAWAII 96720 ALAN MOKAMOTO JEREL I. YAMAMOTO HENRY T. NAKAMOTO February 9, 1998 Mr. Ed Cheplic Planner County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Re: Rezoning Ordinance 97-95 Dear Ed: TELEPHONE 18081 961-06a FAX (808) 935-3872 1 Enclosed is a recorded copy of the Declaration of Restrictive Covenants to comply with Condition H. /Very truly yours, z--- A -L-, Alan M. Okamoto AMO: jha Enclosures cc: Rodney Inaba Jeffrey Ming Lee 97-281 n •, 9 / n k.1. . �� •: !��*r1S�n2e.&1,...,.,tsS"..�3'.:9•:,i-�.^.)ie:i�•:'h::..._�:,r, ,'3,,..'..r,:vr.' � a. .r :- ... .... ...» .... , 742 ORTGTNAL OF THE DOC'JMBN- RECnrn.D AF FOLLOWS: BUREAUC.:: C,-) - /t`(ANCES JAN 3 ®,"I .......... __/ DCUMET NO�U'OIn"W Return by Mail ( ) Pickup ( ) To: NAKAMOTO, YOSHT.KA & OKAMOTO ATTOE"iEYSF,T LWW A LAW CORPORATIO 187 Kapiolani Street Hilo, Hawaii 96720 TITLE OF DOCUMENT: DECLARATION OF RESTRICTIVE COVENANTS PARTIES TO DOCUMENT: JEFFREY MING LEE, Trustee under that certain unrecorded Revocable Living Trust Agreement of Jeffrey Ming Lee dated December 29, 1992, as to an undivided 1/4 interest; D'Tarh¢. –DEM FLATTERY LEE, Trustee under that er„twin unrecorded p.j/� Revocable Living Trust Agreement of attery Lee dated. — December 29, 1992, as to an undivided 1/4 interest, and PAIKO ISLE LIMITED PARTNERSHIP, as to an undivided 1/2 interest. Affects: TMK (3rd) 6-4-01-35 This document contains 8 pages. jk\1ud\z62t. tov- 1 THIS DECLARATION made this _� day of , 199'7, by JEFFREY MING LEE, Trustee under that rtain unrecorded Revocable Living Trust Agreement of Jeffrey Ming Lee dated December 29, 1992, as to an undivided 1/4 interest, whose address is 4550 Waikui Street, Honolulu, Hawaii 96821, DIANNE FLATTERY LEE, Trustee under that certain unrecorded Revocable Living Trust Agreement of Diane Flattery Lee dated December 29, 1992, as to an undivided 1/4 interest, whose address is 4550 Waikui Street, Honolulu, Hawaii 96821, and PAIKO ISLE LIMITED PARTNERSHIP, as to an undivided 1/2 interest, whose address is 201D Paiko Drive, Honolulu, Hawaii 96821-2359, hereinafter referred to as the "Declarant": W I T N E S S E T H: WHEREAS, Declarant is the owner of that certain land situate at Puukapu Homesteads, District of South Kohala, Island, County and State of Hawaii, (the "property") more particularly described in Exhibit A, attached hereto and made a part hereof; WHEREAS, Declarant's application for Change of Zone was granted by the Hawaii County Council in Ordinance No. 97-95, effective July 3, 1997; and WHEREAS, condition H of said Ordinance 97-95 provided: "H. Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the subject property shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Director for �k\lend\rest.cave 2 I review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant (s) shall be recited in an instrument executed by the applicants and the County and recorded with the Bureau of Conveyances in conjunction with the issuance of Final Subdivision Approval; and WHEREAS, Declarant wishes to comply with Condition H of Ordinance 97-95 NOW THEREFORE, with respect to the land described in Exhibit A, attached hereto and incorporated by reference herein; Declarant hereby declares: 1. Construction of a second dwelling unit on any lot created from the land described on Exhibit A is hereby prohibited. 2. This Declaration of Restrictive Covenants shall run with said land and shall be binding upon the Declarant and all future owners of the property and may not be modified without the written consent of the appropriate authority for the County of Hawaii. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on the day and year first above written. JAF iIH LEE, rustee e hat certain unrecorded Revocable Living Trust Agreement of Jeffrey Ming Lee dated December 29, 1992 ( Q)"Ax- gQW e-7 � Z'L�L— D 1 A N N E—�i#iH-FLATTERY LEE, Trustee `9t/�- -- under that certain unrecorded Revocable Living Trust Agreement ofFlattery Lee dated DeMer 29, 19 92 PAIKAa,ISLE LIMITED PARTNERSHIP 3 PLANNING DIRECTOR STATE OF HAWAII ) SS: COUNTY OF ) On this -21J day of`�Qm 1997, before me personally appeared JEFFREY MING LEE, Trustee under that certain unrecorded Revocable Living Trust Agreement of Jeffrey Ming Lee dated December 29, 1992, to me known to be the person described in and who executed the same as his free act and deed. No Public, State of Hawaii!. commission expires: 4 STATE OF HAWAII SS: COUNTY OF On this ;tj day ofl lLewkfr 1997, before me personally appeared� FLATTERY LEE, Trustee under that certain unrecorde Vekocable Living Trust Agreement of Diane Flattery Lee dated December 29, 1992, to me known to be the person described in and who executed the same as her free act and deed. E STATE OF HAWAII My commission expires: A10V �j ) SS: COUNTY OF ►IAW41 ) � 0p On this !� day of A.VU4 19'0 , befo e me personally appeared -.NQ6 • %�� and ", .4 to me personally known, who, being ty me duly sworn, did say that they are the,General Partners of PAIRO ISLE LIMITED PARTNERSHIP, a Hawaii•limited partnership; and that the instrument was signed in behalf of said partnership by authority of its partners, and said person acknowledged the instrument to be the free act and deed of said partnership. Notary Public, State o Hawaii My commission expires' 5 EXHIBIT A All of that certain parcel of land (being all of the land(s) described in and covered by Land Patent Number 5469 to Peke Kawai) situate, lying and being at Puukapu, District of South Kohala, Island and County of Hawaii, State of Hawaii, being LOT 41, Public Lands Map Number 15, Second Land District, and thus bounded and described: Beginning at the south corner of this lot and the east corner of Lot 42 on the north side of the Government Road, the approximate coordinates of said point of beginning referred to Government Survey Trig. Station "WEST BASS" being: 511 feet north and 4,968 feet east, as shown on Government Survey Registered Map No. 1795, the boundary runs: 1. N 820 13' E true 418.7 feet along Government Road; 2. N 300 53' W true 1990.0 feet along Lots 77 and 78; 3. S 300 30' W true 440.0 feet, the boundary, however, following the windings of a road laid out along Lot 65;A: 4. S 300 53, E true 1613.0 feet along Lot 42 to the initial point; and containing an area of 15-93/100 acres, more or less. 0 Said above described parcel of land having been acquired as follows: By JEFFREY MING LEE, Trustee under that certain unrecorded Revocable Living Trust Agreement of Jeffery Ming Lee dated December 29, 1992, as to an undivided 1/4 interest and DIANNE FLATTERY LES, Trustee under that certain unrecorded Revocable Living Trust Agreement of Dianne Flattery Lee dated December 29, 1992, as to an undivided 1/4 interest, by QUITCLAIM DEED of JEFFREY MING LEE and DIANNE FLATTERY LES, Trustees of the Jeffrey Ming Lee Living Trust dated April 22, 1982; dated April 26, 1993, recorded as Document No. 93-068487; and By The Paiko Isle Limited Partnership, as to an undivided 1/2 interest from Carrie Ann Inaba, by Warranty Deed dated February 23, 1995 and recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 95-00076018. y TOGETHER WITH AND SUBJECT TO that certain Lease dated September 1, 1993, recorded in the Bureau of Conveyances of the State of Hawaii .08 Document No. 93-152841, by and between Jeffrey Ming Lee and- attery Lee, husband and wife, and Carrie Anne Inaba, unmarried, as Lessor, and Rodney Yoshimitsu Inaba and Patricia Grace Yip Inaba, husband and wife, as Lessee, as amended by instrument dated March 7, 1994, effective September 1, 1993, recorded as Document No. 94-067754, covering 1/2 undivided interest in the above described premises, including all rents due and to become due under the terms of said Lease, any security deposits, and the benefit of all rights, powers, terms, covenants, provisions and conditions as set forth in said Lease in favor of the Lessor therein. Said Lease is subject to that certain Mortgage in favor of american Savings Bank, F.S.B., dated May 5, 1994, recorded in said Bureau of Conveyances as Document No. 94-0077058. SUBJECT FURTHER to the following: 1. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in that certain unrecorded Revocable Living Trust Agreement of Jeffrey Ming Lee dated December 29, 1992. 2. The terms and provisions, including the failure to comply with any covenants, conditions and reservations, contained in that certain unrecorded Revocable Living Trust Agreement of B4aaie Flattery Lee dated December 29, 1992. -bia.nn2. V 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct boundary and improvement survey or archaeological study would disclose, including, without limitation, trails, rights of way, historic property and burial sites. lk"aOVED AS TO FOKsc `Y