The URL can be used to link to this page

Home My WebLink AboutCOM 0555.014 2010-2012 DENNIS "FRESH" ONISHI ��'Nw.,Mv', PHONE: (808)961-8396 Council Member ,�,�,. FAX: (808)961-8912 . 4 ;,.- i i• EMAIL:donishi @co.hawaii.hi.us District 4 =--m,rs HAWAII COUNTY COUNCIL -_, - 25 Aupuni Street, Hilo, Hawai`i 96720 _- TRANSMITTAL 1, . TO: Laura Murashige DATE: October 1, 2012 ,. - Executive Assistant to the Chair `}' RE: Bill 178 Rez (RS-10) to (RM-3)—Waiakea App: T. Winegar & Susan Furchgott ORIG/COPY DATE DESCRIPTION Copy 9/19/12 Declaration of Restrictive Covenants ( ) For your review (X) For your necessary action ( ) For your information ( ) Per your request ( ) For your signature and return ( ) Per our conversation REMARKS: Please process for the October 3, 2012 Council meeting. Thank you. Darlene Espejo,Co, cif s e to Council Member D �{"• esh"Onishi Attachment Comm. No 5- S• 1 Ref.To: .Ardie , ill Ref. Date 1 13 I Hawai`i County is an Equal Opportunity Provider and Employer. This is o copy of Bureeou of Conveyances Document No — �L,G✓ R2GfiJ/Of Land Court Docurnr;-t affecting Ce icai-. f`illy r4o. recorded on ' ` `' 62. ntci....O I o'clock TITLE GUARANTY OF HAWAII, INCORPORATED LAND COURT REGULAR SYSTEM AFTER RECORDATION,RETURN BY: MAIL(X) PICK-UP ( ) MICHAEL W. MOORE,ESQ. TITLE GUARANTY OF HAWAII HAS FILED THIS DOCUMENT FOR RECORD Law Offices of Yeh&Moore AS AN ACCOMMODATION ONLY. THIS 85 W.Lanikaula Street DOCUMENT HAS NOT BEEN Hilo Hawaii 96720-4199 R O WS E O ECT AO AALY PRO EIRTY. Affects Tax Map Key: (3)2-2-038:017 DECLARATION OF RESTRICTIVE COVENANTS This document contains^ages, including this cover sheet. DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION,made this l 7 day of S°'i 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"). 1 • (I/i) WITNESSETH THAT: WHEREAS,Declarant is the owner of certain real property situate at South Hilo, County and State of Hawaii,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 with no more than three bedrooms per unit. 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. 2 &I) 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 7fiz-tok, 011 SUSAN E.FURCHGO T,Trustee of the Thomas W.Winegar and Susan E.Furchgott Living Trust dated January 19, 2011 3 (3/i) STATE OF HAWAII ) )ss. COUNTY OF HAWAII ) On this i day of h F/l. ,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 7 pages and is(not dated)(dated 1• HA4en (q, Z /2— )at the time of this notarization. In witness whereof I have hereunto set my hand and affixed my official seal on the day and year above written. olkti1 tut% (Notary signature) ,,,.....,,•.,, �, v, � Cs"ar^BS -- Q (Print notary name) .S1 TAR i1/4; *= Notary Public * � �G i = Third Judicial Circt''tE GOROSPE u8y Q ration Date:Ociober 17 2014 ks' . y� State of Hawaii 4Ull � `all My commission expires: (0-/ 7— ZU/5/ 4 J , STATE OF HAWAII ) )ss. COUNTY OF HAWAII ) On this U7 day of gelkOkteiv ,2012,before me personally appeared SUSAN E.FURCHGOTT,in her capacity as Trustee of the Thomas W.Winegar pP P ty 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 7 pages and is (not dated)(dated getko4e1 ( , za /2— )at the time of this notarization. In witness whereof I have hereunto set my hand and affixed my official seal on the day and year above written. 6G .....,SA (Notary signature) � O•tpRY': 4= _ (Print notary name) r a. aYbs *; 10'3`O i No ary Publi s PVBy.f Pte" Third Judicial Circuit 41rE Ns//(9tu p}Seal] State of Hawai i My commission expires: �� 7-' 61V VIRG1E GOROSPE Expiration Date:October 17,2014 5 (s/') EXHIBIT "A" Tax Map Key: (3)2-2-038-017 All of that certain parcel of land(being portion(s)of the land(s)described in and covered by Land Patent Grant Number 9369 issued to Chong U.Bew)situate,lying and being at Waiakea Homesteads House Lots,District of South Hilo,Island and County of Hawaii, State of Hawaii, being LOT 16-A, the same being a portion of Lot 16,Block 302 of"Waiakea Homesteads", and thus bounded and described as per survey dated July 18,2006,to-wit: Beginning at the northwest corner of this parcel of land,.the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAL",being 6,022.35 feet South and 8,213.17 feet East, and running by azimuths measured clockwise from True South: 1. 238° 10' 237.00 feet along Lots 15-A and 15-D(Grant 8356 to Frank Amaral); 2. 328° 10' 180.00 feet along Lots 3-B and 3-A(Grant 10697 to Mrs. Shizue Okino); 3. 58° 10' 237.00 feet along Lots 17-B and 17-A (Grant S-15256 to Peter K.Mehau Jr., et al); 4. 148° 10' 180.00 feet along Parcel 141 (Kinoole Street Road Widening)to the point of beginning and containing an area of 42,660 square feet, more or less. Being the premises acquired by WARRANTY DEED: Grantor • VIRGINIA SOY KWAN KAM,a married woman,ROSE KIM YUK KWAN,an unmarried woman,LAWRENCE YUK LUN GO,JR.,husband of Kris S. Go,LAUREN LAM LAI QUON AGBAYANI,wife of Lanny K.Agbayani,ALLISON M.H. TANAKA,unmarried,WILLIAM O.Y. CHONG,a married man, HELEN NAGASHIMA, a married woman,JERRI LYNN DOI,a married woman,DARLENE HAMAKAWA,a married woman, JADE CHONG,unmarried,and TERESA ANN LING DAY CHONG,unmarried • -8- (6/1) Grantee SCOTT SUNCLOUD and ALICE SUNCLOUD,husband and wife, as Tenants by the Entirety,as to an undivided one-half(1/2) interest,and THOMAS WINEGAR and SUSAN E. FURCHGOTT,husband and wife, as Tenants by the Entirety,as to an undivided one-half(1/2)interest,as Tenants in Common Dated : July 13,2010 Recorded Document No.2010-100620 Said premises being SUBJECT.HOWEVER to the following: Mineral and water rights of any nature in favor of the State of Hawaii. END OF EXHIBIT "A" • -9- (.1(1)