HomeMy WebLinkAboutCOM 0555.011 2010-2012LAND COURT
Submitted by: Pk XANCE .
Dennis "Fresh" Onishi 61L l7
60 ,T Wl. 55V5
REGULAR SYSTEM
AFTER RECORDATION, RETURN BY: MAIL (X) PICK -UP ( )
MICHAEL W. MOORE, ESQ.
Law Offices of Yeh & Moore
85 W. Lanikaula Street
Hilo Hawaii 96720 -4199
Affects Tax Map Key: (3) 2 -2- 038:017
DECLARATION OF RESTRICTIVE COVENANTS
This document contains — pages, including this cover sheet.
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION, made this day of , 2012, is by THOMAS
W. WINEGAR and SUSAN E. FURCHGOTT, Trustees under the Thomas W. Winegar and
Susan E. Furchgott Living Trust dated January 19, 2011, whose mailing address is P.O. Box 184,
Hakalau, Hawaii 96710 (hereinafter collectively referred to as "Declarant ").
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Comm. No 55.
Ref. To: Presented wi
Ref. DateSEP 1 9 2012
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WITNESSETH THAT:
WHEREAS, Declarant is the owner of certain real property situate at South Hilo, County
and State of Hawai i, more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference, and Declarant desires to subject such property to the provisions of this
Declaration and to have constructed on the property apartment buildings containing 10 units, and
to provide restrictions on the rental of the apartment units to full time students of the University
of Hawaii at Hilo and Hawaii Community College and height limitations on certain buildings;
and,
WHEREAS, as hereinafter provided in this Declaration, Declarant has retained and
reserved the right, privilege and option to revoke and terminate these restrictions after 10 years;
NOW, THEREFORE, Declarant hereby declares that the property described in Exhibit
"A" shall be held, transferred, sold, conveyed, leased, occupied and used subject to the following
restrictions and conditions which are for the purpose of providing student housing and which
shall touch and concern and run with title to the subject real property, and which shall be binding
on all parties having any right, title or interest in the subject property or any portion thereof, and
their respective heirs, personal representatives, successors, successors -in- title, and assigns, and
shall inure to the benefit of each owner thereof.
The property consists of ten apartment units. All apartment units shall be rented only to
full time (minimum 12 credits) students attending either the University of Hawaii at Hilo or the
Hawaii Community College and their immediate family members (spouse and children).
Additionally, the buildings to be constructed on the north and south sides of the subject property
shall be limited to one story in height.
These restrictive covenants may be revoked and terminated by the Declarant or their
respective heirs, personal representatives, successors and assigns at any time after ten (10) years
from the date of this declaration, at their sole option. These restrictive covenants may also be
revoked and terminated by the Declarant or their respective heirs, personal representatives,
successors and assigns at any time in the event the County of Hawaii fails to rezone the subject
property to residential multi - family (RM -3) zoning.
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IN WITNESS WHEREOF, the duly authorized officer of the undersigned Declarant has
executed this Declaration on the day and year first above written.
DECLARANT:
THOMAS W. WINEGAR, Trustee of the Thomas
W. Winegar and Susan E. Furchgott Living Trust
dated January 19, 2011
SUSAN E. FURCHGOTT, Trustee of the Thomas
W. Winegar and Susan E. Furchgott Living Trust
dated January 19, 2011
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STATE OF HAWAII
) ss.
COUNTY OF HAWAII
On this day of , 2012, before me personally
appeared THOMAS W. WINEGAR, in his capacity as Trustee of the Thomas W. Winegar
and Susan E. Furchgott Living Trust dated January 19, 2011, to me known or who has
proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to
and who executed the foregoing instrument, and who acknowledged that he executed said
instrument for the purposes therein contained in his authorized capacity by his signature on the
instrument as his free act and deed.
Said instrument, entitled "DECLARATION OF RESTRICTIVE COVENANTS ",
consists of pages and is (not dated)(dated ) at the time
of this notarization.
[Stamp or Seal]
In witness whereof I have hereunto set my hand and
affixed my official seal on the day and year above written.
(Notary signature)
(Print notary name)
Notary Public
Third Judicial Circuit
State of Hawai i
My commission expires:
4
STATE OF HAWAII
) ss.
COUNTY OF HAWAII
On this day of , 2012, before me personally
appeared SUSAN E. FURCHGOTT, in her capacity as Trustee of the Thomas W. Winegar
and Susan E. Furchgott Living Trust dated January 19, 2011, to me known or who has
proven to me on the basis of satisfactory evidence to be the person whose name is subscribed to
and who executed the foregoing instrument, and who acknowledged that she executed said
instrument for the purposes therein contained in (her authorized capacity by her signature on the
instrument as her free act and deed.
Said instrument, entitled "DECLARATION OF RESTRICTIVE COVENANTS ",
consists of
of this notarization.
pages and is (not dated)(dated ) at the time
[Stamp or Seal]
In witness whereof I have hereunto set my hand and
affixed my official seal on the day and year above written.
(Notary signature)
(Print notary name)
Notary Public
Third Judicial Circuit
State of Hawai i
My commission expires:
5