HomeMy WebLinkAboutCOM 0128.003 1998-2000 ooJM?yo
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J. CURTIS TYLER, III ~1ar4~. Tel: (808) 961-8273
Caunci6ncru6rr T Pax: (808) 969-3291
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COUN`T'Y COUNCIL
County of Hawaii
Hawaii Counh~ Builrlim;
25 Aupuui Street
Hilo, Hawaii 96720
May ]0, 1999
MEMORANDUM:
TO: Gerald Takasc
Deputy Corporation Counsel ~
FROM: J. Curtis Tyler IlI, Council Member ~ j
Hawaii County Council `1
RE: Dedication Deed: Sunset Ride at Waikoloa. Phase 3. Unit 1
Grantor: Sunset Ridee .ioint Venture
Tax Man Kev (3) 6-8-032-Portion 046
Resolution 34-99. Draft 2
In my original inquiry concerning draft 1 of the referenced resolution, I requested further
details about the deed reservations, inasmuch as Exhibit A merely referred to certain
covenants, conditions and restrictions or obligations set forth in various documents.
Although I have not received any answers to this inquiry, your April 19, 1999
memorandum transmitting Resolution 34-99 Draft 2, indicates that restrictive covenants
2, 3 and 4 contained in the original exhibit have been deleted.
Please explain the legal basis for removing these three reservations which would appear
to run with the land. In addition, please explain why the deed description has not also
been changed, if, in fact, there is a basis for excluding these three reservations.
This matter was deferred at the May 5`h Council meeting, but will be reagendized for
May 25'h. For this reason, your prompt reply will be appreciated. If you have any
questions regarding this memo, please call me.
Comm. No. '2 g . 0 0 3
cc: Chairman Arakaki and Council Members
File No. HOC' Us
Ref. To: Cou N el ~
Ref. Date 11AY 1 3 1999
77-6399 Nalani St., Suite ]-A Kailua-Kona, Hawaii 96740 Kona telephone: (808) 326-5684 Fax: (808) 326-5697