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HomeMy WebLinkAboutCOM 0149.000 1998-2000 Ni+ u Virginia Goldstein d?•'; ^9'.'--:yam Stephen K. Yamashiro : ° Direar,r Muynr Russell Kokubun Deputy Direcmr ~R~or'iv~~, ~II1tII~~T II~ ~2I~tTtiTi PLANNING DEPARTMENT 25 Aupuni Street, Room 109 • Hilo, Hewau 96720-0252 (608) 961.8288 • Fa: (808) 961.8742 February 11, 1999 Mr. Leonard Tanaka T & T Electric, Inc. - 456-A Kekuanaoa Street Hilo, Hawaii 96720 Dear Mr. Tanaka: Change of Zone Ordinance No. 98-79 (RR7 892) Applicant: Leonard and Suellen Tanaka Subject: Compliance with Condition F (Ohara Restrictions) Ta ~y 2-4-61:4 This is to acknowledge receipt of your Declaration of Condition and Warranty Deed on January 26, 1999 in compliance with Condition F of the above-referenced ordinance. This declaration prohibits the construction of a second dwelling on the subject lot. Upon recordation at the Bureau of Conveyances, please submit a copy of the recorded document for our ffies. By this letter, we shall forwazd a copy of your documents to the County Council and Planning Commission for their review. Comm. No, / File No. Z N G ~F1 I Ref. To: Ref. Date FEB 1 2 19~_ iti1r. Leonard Tanaka T & T Electric, Inc. Page 2 February 11, 1999 Should you have any questions regarding this matter, please contact Susan Gagorik or Phyllis Fujimoto of this department at 961-8288. Sincerely, ,VIRGINIA GOLDSTEIN l/Jblanning Director SG:gp E\wpwin60\susenUtanak0 l . skg cc w/Itr: bounty Council Planning Commission T & T ELECTRIC, INC. 456-A KEKUANAOA S1 ,ET, HII-O, HAWAII 96720 TRANSMITTAL Date: JANUARY 26, 1999 Number a1'pages including cover sheet: To: From: MS. VIRGINIA GOLDSTEIN LEONARD TANAKA PLANNING DIRECTOR Phone: 961-8288 Phone: 935-9029 Fax: Fax phone: 935-8370 ~ CC: FILES REMARKS: ? Urgent ? For your review ? Reply ASAP ? Please comment SUBJECT: (REZ 892) / (SUB 98-106) DECLARATION OF CONDITION We are attaching the Declaration of Condition along with the Warranty Deed (Exhibit A) for your review and approval per the conditions of Ordinance 98-79. If you have any questions or need further information, please call me anytime at 935-9029. Thank you! OU067Q LAND COURT REGULAR SYSTEM AFTER RECORDATION RETURN BY: MAIL (X) PICK-UP ( ) Leonard S. Tanaka 1259 Halhai Street Hilo, HI 96720 Affects TMK:(3) 2-4-061:0 04 DECLARATION OF CONDITION THIS DECLARATION made this ~ day of f~fsJl.~sFi2y ,19~, by LEONARD S. TANAKA and SUELLEN M. TANAKA, husband and wife, whose residence address is 1259 Haihai Street, Hilo, Hawaii 96720, hereinafter the "Declarant"; WITNESSETH: WHEREAS, Declarant is the owner of certain real property situate at Waiakea, South Hilo, Island and County of Hawaii, State of Hawaii, Tax Map Key (3) 2-4-061: 004, more particularly described in Exhibit "A" attached hereto (hereinafter the "Property"); and WHEREAS, Ordinance No. 98 79, effective July 24, 1998, amended Section 25-8-33 (City of Hilo Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code by changing the district classification for the Property from Single Family Residential (RS-I S) to Single Family Residential (RS-7.5), subject to certain conditions; and, WHEREAS, pursuant to said Ordinance No. 98 79, the following condition imposed by the County of Hawaii shall run with the land and is to be recorded by the Declarant at the Bureau of Conveyances and/or the Land Court of the State of Hawaii, if applicable. NOW, THEREFORE, Declarant hereby declares that all of the Property shall be subject to the following condition imposed by the County of Hawaii under Ordinance No. 98 79 aforesaid, and as may be amended pursuant to law; r * * * ? F. Restrictive covenants in the deeds of all the proposed residential 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 review and approval prior to the issuance of Final Subdivision Approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the County and recorded with the Bureau of Conveyances for any portion of the subject property. A copy of the recorded document shall be filed with the Planning Department upon its receipt from the Bureau of Conveyances; The above-stated condition contained in this Declazation shall operate as a covenant running with the land and shall be binding upon all owners and their respective heirs, personal representatives, successors and assigns. The terms "Applicant" and "Applicants", as and when used herein, shall mean and include the Declarant herein, and the terms "Declarant", "Applicant" and "Applicants", as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine and neuter, the singular or plural number, individuals, paztnerships, trustees or corporations and their and each of their respective successors, heirs, personal representatives, successors in trust and assigns, according to the context thereof. 2 IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed on the day and year first above written. L~ S. TANAKA SUELL N M. TANAKA Declarant COUNTY OF HAWAII, a municipal Hawaii corporation By VIRGIAIIA GOLDSTEIN Its Planning Director STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this ~ day of ~ 19~, before me personally appeared LEONARD S. TANAKA, to me kno ~ to be the person described in and who executed the foregoing instrument, and acknowledged that he executed same as his free act and deed. lJ~-~- Not Public, Sta of Hawaii My commission expires: ~ ~ ~ D 3 STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this o~-~~ day of 0 ~ 19 ,before me personally appeared SUELLEN M TANAKA, to me kno n to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the s as her free act and deed. c~cuu, c-~ No Public, St to of Hawaii My commission expires: ~t ~ STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 19 ,before me personally appeared VIRGINIA GOLDSTEIN, who satisfactorily proved to me to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed as Planning Director of the Planning Department, for the County of Hawaii, a municipal Hawaii corporation. Notary Public, State of Hawaii My commission expires: 4 • THE ORIGIF~4l OF THE DOCUMENT S RE"O"O.O 4$ FOLLOW$~ • `'T~"'. OF HAWAII d' DATf..~.U.@........1... ~JJ~~/~~}........ LAND COURT SYSTEM REGULAR SYSTEM Return by Mail ( ) Pickup ( ) To: Peter K. Kubota CARLSMITH BALL WICHMAN CASE & ICHIKI i 12I Waianuenue Avenue Hilo, Hawaii 96720 TITLE OF DOCUMENT: WARRANTY DEED PARTIES TO DOCUMENT: GRANTOR LEONARD S.TANAKA SUELLEN M.TANAKA 1259 Haihai Street Hilo, Hawaii 96720 GRANTEE LEONARD S. TANAKA, Trustee of the Leonard S. Tanaka Revocable Living Trust dated August 30, 1994 SUELLEN M. TANAKA, Trustee of the Suellen M. Tanaka Revocable Living Trust dated August 30, 1994 TAX MAP KEY (3) 2-4-61:4 ~X~4l~iT ~ WARRANTY DEED LEONARD S. TANAKA and SUELLEN M. TANAKA husband and wife, (hereinafter called the "Grantor"), in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration paid by LEONARD S. TANAI{A, Trustee of the LEONARD S. TANAKA Revocable Living Trust dated August 30,1994, and SUELLEN M. TANAICA, Trustee of the SUELLEN M. TANAKA Revocable Living Trust dated August 30, 1994, having all powers under said trust agreements to sell, convey, exchange, mortgage, lease or otherwise deal with and dispose of all lands of the trust estate and interests therein, whose address is 1259 Haihai Street, Hilo, Hawaii 96720 (hereinafter called the "Grantee"), receipt of which is hereby acknowledged, does hereby grant, bazgain, sell and convey unto the Grantee: ~ All of that certain real property more particulazly described in Exhibit "A" attached hereto and made a part hereof, subject to the encumbrances noted therein. And the reversions, remainders, rents, issues and profits thereof and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto; TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements, privileges and appurtenances thereunto belonging or appertaining or held and enjoyed in connection therewith unto LEONARD S. TANAKA, Trustee of the LEONARD S. TANAKA Revocable Living Trust dated August 30, 1994, as to an undivided %z interest, in trust, and unto SUELLEN M. TANAI{A, Trustee of the SUELLEN M. TANAKA Revocable Living Trust dated August 30,1994, as to an undivided %z interest, in trust, their respective successors and assigns, in FEE SIMPLE forever, subject to any encumbrances hereinabove or hereinafter mentioned. -2- AND the Grantor, in consideration of the premises, does hereby covenant and agree to and with the Grantee as follows: That the Grantor is seised of the property herein described in fee simple; that it is free and clear of and from all encumbrances other than those hereinabove or hereinafter mentioned, except for the lien of real property taxes not yet by law required to be paid; that the Grantor has good right to sell and convey the same as aforesaid; and that the Grantor will WARRANT AND DEFEND title to the same unto the Grantee against the lawful claims and demands of all persons except as mentioned hereinabove or hereinafter. IT IS MUTUALLY AGREED that the terms "Grantor" and "Grantee" as and when used hereinabove or hereinbelow shall mean and include the masculine or feminine, the singulaz or plural number, individuals, associations, trustees, or corporations, and their and each of their respective successors in interest, heirs, personal representatives and permitted assigns, according to ~ the context thereof, and that if these presents shall be signed by two or more Grantors or by two or more Grantees all covenants of such parties shall be and for all purposes deemed to be joint and several. IN WITNESS WHEREOF, the Grantor has executed these presents on this 1 ~ut day of (~,Chlxh , 1995. ~EONARD S. TAN SGELLEN M.TANAKA Grantor -3- STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this 1 h' day of b"'' 19 ,before me personally appeared LEONARD S. TANAKA and SUELLEN M. TANAKA, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged to me that they executed the same as their free act and deed. Notary Public, State of Hawaii My Commission expires: 9~a ~ c.wtn~rueorMt~x.vww EXHIBIT "A" That certain parcel of land being a portion of Pazcel F, portion of Lot 809, portion of Grant 11265, situate at Waiakea, in South Hilo, Island and County of Hawaii, State of Hawaii, and more particulazly described as follows: PARCEL G: Beginning at the Northwest comer of this pazcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM" being 3176.93 feet South and 5051.38 feet East and running by azimuths measured clockwise from true South: 1. 265° 40' 100.00 feet along Pazcel F; 2. 355° 40' 200.00 feet along Pazcel F; 3. 85° 40' 100.00 feet along Haihai Street; 4. 175° 40' 200.00 feet along Parcel H to the point of beginning and containing an azea of 20,000 square feet, more or less. Being the land conveyed to Grantor herein by Warranty Deed dated February 27, 1990 and ~ recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 90-28236. SUBJECT, HOWEVER, to the following: Title to all minerals and metallic mines reserved to the State of Hawaii.