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Home My WebLink AboutCOM 0351.012 2016-2018 S1 September 6,2017 GOUTY CLERK COUNTY OF ,HAWAII Welcome Planning Committee of the Hawaii County: ?Oil SEP -6 Ali 8: 58 I would like to testify as a Ka'u Community member and member of the CDP 1. Additional information has been brought to my attention regarding that the property, under the original charter was designated as Village Commercial at the entrance to Discovery Harbor. 2. The Discovery Harbour Home Owners Association Insurance counsel did send a statement that they will not object to Village Commercial Zoning.0 ee cCtta CIA. ) 3. I have been told that, Ron Whitmore,'s recommendations to the county is that the county should be inline with DH CC&R's which is village commercial because CC&R's can never be changed. 4. Recent information I received is that for 37 years commercial lots were not members of HOA and the intent of the original developer was to limit control of these lots by limiting membership in the HOA to residential lots, which they did thru the original charter.. 5. I would like to go on record that based on the letter from the, HOA insurance council, I feel the CDP should change to a recommendation to village commercial zoning. A majority of the residents in Discovery Harbor seem to be in favor of this village commercial zoning. This will also allow the golf course to be commercially maintained. Right now it is being maintained by volunteers who live in DH but they are limited to what they can do and the liability is tremendous by having volunteers maintain the 18 holes. Mira' P P3) Patti Barry P. O. Box 6020 Ocean View, HI 96737 o %—t-- 3la.L4 0.,60a.rrut csitvIca I r Wt 51112. earnm. No. Ref. To: Ref. Date SEP0 6 2017 1i CASE LOMBARDI & PETTIT A LAW CORPORATION Lissa H.Andrews Michael R.Marsh Michelle J.Chapman Samuel W.King II David G.Brittin Jon M.H.Pang PACIFIC GUARDIAN CENTER,MAUKA TOWER Matthew A.Cohen Jana M.Naruse James M.Cribley Ted N.Pettit,Ph.D. 737 BISHOP STREET,SUITE 2600 Harrison K.Goo Doran E.Smith Stacey W.E.Foy Lauren R.Sharkey HONOLULU,HAWAII 96813-3283 Ryan M.Hamaguchi Ellen A.Swick Adelbert Green Mark G.Valencia Lisa K.Johnson Michael L.Lam Nancy J.Youngren TELEPHONE:(808)547-5400 Maria Amparo Vanaclocha Berti Dennis M.Lombardit John D.Zalewski FACSIMILE: (808)523-1888 of Counsel to Law Corporation E-mail:info@caselombardi.com John R.Dwyer,Jr. Daniel H.Case(1925-2016) http://www.caselombardi.com Gregory M.Hansen Frederick W.Rohlfing III April25, 2017 Elizabeth A. Strance,Esq. VIA EMAIL Cades Schutte Kona Office 75-170 Hualalai Road, Suite B303 Kailua Kona,Hawaii 96740 • RE: South Point Investment Group v. Discovery Harbour Community Association Circuit Court of the Third Circuit, Civil No. 16-1-0195 Dear Counsel: This is in response to your letter dated April 21, 2017 which communicated your client South Point Investment Group ("SPIG")'s demand upon the Discovery Harbour Community Association("Association"),for a letter to the Kau CDP Steering Committee and Windward Planning Commission. The Association believes the following facts are undisputed: 1. SPIG is the owner of Lot 824 (TMK No. (3) 9-4-024:025), Lot 515 (TMK No. 9-4- 001:020), Lot 825 (TMK No. (3) 9-4-001:019 and 021), and Lot 821 (TMK No. (3) 9-4- 001:022). 2. The Association is governed by its Declaration of Protective Covenants for Discovery Harbour Subdivision recorded on June 2, 1972 in the Bureau of Conveyances In Liber 8342, Page 268 and Supplemental Declaration recorded In Liber 8342, Page 290 (collectively, "Project Documents"), as may be amended or restated. 3. Lots 825 and 821 are commonly referred to as the Golf Course Lots and are not Members of the Association, as previously stated to SPIG by letter dated June 17, 2016. 4. The Project Documents expressly identifies and restricts Lots 824 and 515 to the following uses: "Single-family residential or Village commercial or multi-family residential." (See, enclosed Exhibit A). MEMBER OF LEX MUNDI,THE WORLD'S LEADING ASSOCIATION OF INDEPENDENT LAW FIRMS Elizabeth A. Strance, Esq. April 25, 2017 p. 2 5. The Association does not object to Single-family residential, Village commercial or multi- family residential use(s) of Lots 824 and 515 as set forth in its Project Documents. Lastly,there appears to be a hostile sentiment at the Discovery Harbour subdivision directed at the Association's Board and employees. Likewise,it has been brought to our attention that details discussed in our confidential mediation have been shared with persons who are not parties to the pending litigation. We therefore demand your client refrain from disparaging remarks about the Association and divulging confidential information from the mediation as it is counterproductive for the parties' attempts at resolution. Your prompt attention to this matter is appreciated. Sincerely, CASE LOMBARDI &PETTIT Enclosure: Exhibit Aav\4/(6t....- Jana M.Naruse C: Carol Jung,Esq(via email) Francis L. Jung, Esq. (via email) Client • RECORDATION REQUESTED BY: 'l2-- 39325 AFTER RECORDATION+RETURN TO: i 90 t l: t ondall Building ,;; :all 1138 1 i0ani Shed t 110-Ala,113waii 96813 t!! jM-.:•dag3a7 RETURN BY: MAIL( ) PICKUP(x) SPACE ABOVE THIS LII+TE roil REGIsT'RAM-S USE SUPPTNTAL DECLARATION WHEREAS, by Declaration dated '7A34 , 1972, CAL-PACIFIC RESOURCES OF HAWAII, LTD. • erein called "Declarant"), and GRAYCO LAND ESCROW, LTD. (herein called "Trustee"), did execute a document entitled 'Declaration of Protective Covenants for Discovery Harbour Subdivision"; and WHEREAS, said Declaration recited that by Supple- mental Declaration the real property subject to the Declara- tion would be described together with the permitted uses for the property; IOW, THEREFORE, the Declarant and Trustee agree that the following lots as shown and described on File Plan /261 recorded in the Bureau of Conveyances of the State of Hawaii shall be subject to the terms and condi- tions of that certain Declaration of Protective Covenants dated ? 4/ , 1972, the terms of which document . ti 1 EXHIBIT 1\ • MR P4E61 is incorporated herein by reference and shall be limited to the following uses; Lots Uses 1-514, inclusive Single-family residential 517-820, inclusive 515, 516, 823 and 824 Single-family residential or Village commercial or multi-family residential IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CAL-PACIFIC RESOURCES OF HAWAII, LTD. r By /- / tt I We eLV-A.r • • -- I .f _ ;129{ - is OW/2 Declarant GRAYCO LAND ESCROW, LTD. Pil,4030e:::a2:4Z9 • By Its Trustee -2- t , ) as. LIER PAGE 2 J? ('o11a)7y of M 4,'II Om ) On this day of ILLy , 1972, before me appeared ati:1 ,L/•UrllSdr) and t�O Z AJ ivF /t. ff It I, ,r to me persona ly known, w offing by me duly sworn, id say that they are the -. /04A.77-•5 and Sts*1?e=b _ f , respectively, of CAL-PAC Pic xRSOURdES OP HAWAII, LT ., i California corporation, and that the seal affixed to the • foregoing instrument ie the corporate seal of said corpora- tion and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said �fzcslDEKJr and severally acknowledged said £nstrument to be the free act and deed of said corporation. ...^SL:.11s4t•tl.tt35 J... •'.•1..r I•IS::.YS . f h • ii part" �'..:iLY,:•. n Q tr. H ' yiLl�itiq - �•r.• ,;...P. I•/ SA...1\C.0:4.•�r.rr x )4 COMMI11.01 Etroms L...3.1974 A is.,.....a.ullunm,u 4 My commission expires: ) ) os. • �} On.this 9 .' day of ��.f,�v ,1 9 2* Aiefore 11 16,tx i_1 ��.( and `' me appeared , , b �r�ilx . tom' LAk �, . to me personally known, who, ng by 1n duly sw , add�xd say that they are the 1/.r k)A4.,.t cit rd and t t� , respectively, of GRAYCO LAND ESCROW, LTD.; at ase . affixed to the foregoing instrument is the corporate seal of said cor>oration and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directos,end said / wt,em 0 and 'r _ ,"), Lf I severally acknowledged said insr ant to th r£enact and deed of said corporation. KAREN A STARK I kumiaszlevrAle... No Pry Public, .111.11,..„.,1A...,,, HOY rUSLIC-CALIFORNIA ``•irIlHOMY' PRINCIPAL OTIC£IN N•'''.7.7 LOS ANGELES Cl,U4yY L " My Commission Expires Mg. 11, 1974 ; My commission expires:aut. 4/f . 1 -3- ii