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Home My WebLink AboutCOM 0048.000 1998-2000 O • SV Of p„' 0 Virginia Goldstein �,.......s •,• /�r \.• Duet or Stephen K. lamashirn �� C• t, M„ , I Russell Kokubun 11 •• /1 Deputy Direr for ai•wi±'.' 172, '98 DEC 17 orn 1 37 &mutg a � ttfutttt c . . PLANNING DEPARTMENT COLN C• r „'.`'• 25 Aupuni Street. Room 109 • Milo, Hawaii 96720 -4252 (808) 961 -8288 • Fax (808) 961-8742 December 15, 1998 Ms. Jean Tessmer Space Options • P.O. Box 910 Kapaau, HI 96755 Dear Ms. Tessmer: Change of Zone Ordinance No. 92 92 (REZ 719) Applicant: James D. Brennan Subject: Compliance with Condition F Tax Map Key: 5 -9 -8.4 Thank you for your letter of transmittal dated November 15, 1998 containing the deed for subdivision CC &R's submitted in compliance with Condition F of Change of Zone Ordinance No. 92 92. As indicated in our letter to you dated September 17, 1997, Condition F requires that a copy of the recorded deeds for the proposed lots be submitted to this department within one year from the date of final subdivision approval of the Lots. Furthermore, the deeds must incorporate a condition that agricultural activity be conducted on the subdivided lots. After an initial extension of time was granted on November 28, 1994 for completion of the subdivision, Final Subdivision Approval was granted on August 10, 1995. As such, the recorded deeds should have been submitted to this department by August 10, 1996. Your compliance with Condition F satisfies all the conditions of Ordinance No. 92 92. QnnNa File No. Z N C, Ref. To: ._ IIEC 1 g lQQA w 1'� O 0 Ms. Jean Tessmer Space Options Page 2 December 15, 1998 Should you have any questions regarding the above, please contact Phyllis Fujimoto or Susan Gagorik of this office at 961 -8288. Sincerely, IRGINIA GOLDSTEIN Planning Director PF:jkg f: \ wpwin60 \phyllis\ltessm02. pkf c w /ltr: Planning Commission County Council West Hawaii Office • Y SPACE OPTIONS INC O �'� LE4 TECarnuQu nf POST OFFICE BOX 910 KAPAAU KOHALA HAWAII 96755 0910 DATE / JOB NO 1.t / l s `9, G ik,s av s 4776 808 889 6273 ATTENTION - PLAN n C� TO - , -- V , \vn t t Cou Nrty PLA, yuc, 02,IT NE �,vv,as 0. ,s J NI ac's - 1Z. .l.ol -c CC 2S /AvPJ+fl STz� �'s' � ^a scot s l t--c::, °\ to 0 C 1--CI =1 R TJZIND 21a n c ' J WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: J ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications r� ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION �j ,� n r�W�i DESCR / q� / /(1411/76 - / C _ G ' --Crt/ 1✓ C c 4 2. es TEi. C ZowtV �CS 7M Fc : 5 - q _8: ooh Cr- f- .ot%Cjt ' of 'z-- ,k PL -I.CJr 70AI C74 9h3f) r ,4 20 - 6 , 4 - 3`_ 5ci'3ofvi A 1-0.N, VP (92 -/C4'.) Co Co u,vc_,c. Fi , 4--c.. AN / l ant — 3/ Cou.J C t7, rJQ 'cC A(vm /3er — c ?2 - cis z THESE ARE TRANSMITTED as checked below: X For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution — / 2 - As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS PH yLLLS 4 3zfaC1 -t.^7 1s 770 c-v mt' YW 7zvgac,r-relo `rD�� zx Ju6 (its ,m,r" C G ,ZS A -C, 7?- tCocitLe tcCj /2-c. C4- 0LYJ A ?H- " C /cam a 71-kC AS 7ii T -■/T 7ZLL1 3 72 arc 1 Li�nt Cou✓L! S7,ezec o f ( f'o tt 4 4 iZ.,Ju ciF Coco tAsy.FI., C T. 02.065:3 COPY TO C __ __ SIGNED: / y — O O OFFICE OF THE ASSISTANT REGISTRAR, LAND COURT STATE OF HAWAII Bureau of Conveyances of thls document was : -.. is follows: ^1i NO. 9 0 9 19911k O uM 1 'v LAND COURT REGULAR SYSTEM AFTER RECORDATION, RETURN BY MAIL () PICKUP (x ). William C. Berns, Esq. MacDonald Rudy 8 Byrns Suite 2650, Pacific Tower 1001 Bishop Street Honolulu, Hawaii 96813 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Declarant: JAMES DELORE BRENNAN, TRUSTEE under unrecorded Revocable Living Trust Agreement dated September 20. 1979• with powers to sell, mortgage, lease, etc. Property Description: Transfer Certificate of Title No. 221,718 Lou 44 - A, 44 - B, 44 - C, 44 - D, 44 44 -F and 44 -G. Map 102, Land Court Consolidation No. 117, situate at Kahua 1st, Kahua and Waika. North Kohala. island and County of Hawaii, State of 1-la\■aii t U Lndnto O O • RECITALS: A. JAMES DELORE BRENNAN, TRUSTEE under unrecorded Revocable Living Trust Agreement dated September 20, 1979, with powers to sell, mortgage, lease, etc. (the "Declarant") currently holds fee simple title to Lots 44 -A through 44 -G of the Kohala Estates, which are more particularly described in Exhibit "A" attached hereto and made a part hereof (individually the "Lot." collectively "the Lots "). B. It is hereby declared to be the intention of the Declarant to impose upon the Lots the following beneficial restrictions which will regulate the manner in which ownership interests in the Lots will be held or transferred. WIT NESS ET11: NOW, THEREFORE, the Declarant hereby declares that the Lots are held and shall he held. conveyed, and administered subject to the following limitations, restrictions. covenants and conditions, all of which are declared and agreed to he in furtherance of a plan to enhance and perfect the value and administration thereof. All of the limitations, covenants, 'restrictions and conditions shall run with each Lot and shall be binding on all parties having or acquiring any right. title or Interest in and to such Lot and shall inure to the benefit of each owner thereof and their successors in interest. Each Lot shall be subject to Condition F of County of Hawaii Ordinance I)2 -92. %%Itich states that: .. it shall be demonstrated to the satisfaction of the Planning Department that agricultural activity is being conducted on the subdivided lots within three years from the date of final subdivision approval, which was August 10, 1995. For the purpose of this condition. "agriculture" shall be defined as the cultivation of crops, including but not limited to flowers, vegetables, foliage, fruits, forage and timber, game propagation; raising of livestock including but not limited to poultry, bees, fish or other animal or aquatic life that are propagated for economic or personal use.. 3. This Declaration shall he construed in accordance with, and governed h\, the I.nvs of the State of Ha\\aii 1:1 Brennan Ue. ,il Li%Cll lnh Pape 1 of 5 0 IN WITNESS WHEREOF the undersigned has executed these presents on this ��-, vl day ot//) t/Ei'i 19 JAMES DELORE BRENNAN As Trustee Aforesaid )1' lit NP Page 3 of 5 O O STATE OF HAWAII ) ss. COUNTY OFarV, ) On this 2 day of A.,....ue- , 199 k , before me personalh appeared JAMES DELORE BRENNAN, Trustee under that certain Revocable Living Trust Agreement dated September 20, 1979, to me satisfactorily proven, who being by me duly sworn or affirmed, did say that he is the person described in the foregoing instrument and acknowledged to me that he executed the satne as his free act and deed as such Trustee. / _ / ■ / Notary Public in and for salP ounty and State My commission expires: ] -00 2 Page 4 of 5 . v 0 0 EXHIBIT "A" LOTS 44 -A, 44 -B, 44 -C, 44 -D, 44 -E, 44 -F and 44 -G, as shown on Map 102, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Consolidation No. 117 of Kahua Ranch, Limited, situate at Kahua 1st, Kahua and Waika, District of North Kohala. Island and County of Hawaii, State of Hawaii. Being all of the land described in Transfer Certificate of Title No. 221,718 issued to JAMES DELORE BRENNAN, Trustee under unrecorded Revocable Living Trust Agreement dated September 20, 1979. End of Exhibit "A" • Page 5 of 5