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THIS DECLARATION made this _� day of , <br />199'7, by JEFFREY MING LEE, Trustee under that rtain unrecorded <br />Revocable Living Trust Agreement of Jeffrey Ming Lee dated <br />December 29, 1992, as to an undivided 1/4 interest, whose address <br />is 4550 Waikui Street, Honolulu, Hawaii 96821, DIANNE FLATTERY <br />LEE, Trustee under that certain unrecorded Revocable Living Trust <br />Agreement of Diane Flattery Lee dated December 29, 1992, as to an <br />undivided 1/4 interest, whose address is 4550 Waikui Street, <br />Honolulu, Hawaii 96821, and PAIKO ISLE LIMITED PARTNERSHIP, as to <br />an undivided 1/2 interest, whose address is 201D Paiko Drive, <br />Honolulu, Hawaii 96821-2359, hereinafter referred to as the <br />"Declarant": <br />W I T N E S S E T H: <br />WHEREAS, Declarant is the owner of that certain land situate <br />at Puukapu Homesteads, District of South Kohala, Island, County <br />and State of Hawaii, (the "property") more particularly described <br />in Exhibit A, attached hereto and made a part hereof; <br />WHEREAS, Declarant's application for Change of Zone was <br />granted by the Hawaii County Council in Ordinance No. 97-95, <br />effective July 3, 1997; and <br />WHEREAS, condition H of said Ordinance 97-95 provided: <br />"H. Restrictive covenant(s) in the deeds of all the proposed <br />agricultural lots within the subject property shall prohibit the <br />construction of a second dwelling unit on each lot. A copy of <br />the proposed covenant(s) to be recorded with the Bureau of <br />Conveyances shall be submitted to the Planning Director for <br />�k\lend\rest.cave 2 <br />