COM 0208.017 2004-2006 - Laserfiche WebLink

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A. The grant agreement to the land conservation organization shall contain among other things provisions in substantially the following form: 1. "Title to the subject property acquired by grantee with funds wholly or partially provided under chapter 3.88, Maui County Code, shall be held in perpetuity by grantee unless conveyed to the County of Maui or another qualified land conservation organization or agency approved by the county council.' ; 2. "The grantee shall submit to the mayor or the mayor's designee annual reports for the first three years documenting progress toward implementation of the long-term management plan and compliance with terms and conditions of this grant. Each report shall be incorporated into the director of Finance's next quarterly report to the council. Subsequent annual reports will be provided to the County as specified in the perpetual conservation easement.' ; 3. "In the event that the grantee dissolves, title to the subject property shall be conveyed to the County of Maui or to another qualified land conservation organization or agency approved by the county council."; 4. "Pursuant to section 3.88.070(B) Maui County Code, the grantee shall convey to the County of Maui at closing a perpetual conservation easement.' ; 5. "The subject property shall not be sold, exchanged, divested, or converted to other uses that are inconsistent with the purposes as set forth in the conservation easement without the prior approval of the county council by resolution."; and 6. "The grantee shall not mortgage, hypothecate, or pledge the subject property or any portion thereof without the prior approval of the county council by resolution.". B. Subject to council approval pursuant to chapter 3.44 of this code, as amended, the land conservation organization shall convey to the County at closing a perpetual conservation easement. The easement shall contain, among other things, restrictive covenants in substantially the following farm: 1. "This property has been acquired by (insert grantee's name here) with funds from the Maui County open space, natural resources, cultural resources, and scenic views preservation fund. Upon dissolution of (insert grantee's name here), title to this property shall be conveyed to the County of Maui or to another qualified land conservation organization or agency approved by the Maui county council."; 2. "The general public shall be allowed reasonable access to this property, provided that access may be limited or controlled for cultural and environmental resource protection and public safety."; and 3. "This property shall be managed for land conservation purposes only and shall not be converted to other uses except as approved by the Maui county council at such time as the potential conversions may be contemplated.". 3.88.070 C. The escrow company used to complete the closing of the subject property shall provide the mayor or the mayor's designee with copies of the closing documents, including a copy of the recorded deed, within sixty days of recordation of the deed. The escrow company shall be instructed that the conservation easement shall be recorded before, or at the time of, closing. (Ord. 3155 § 2 (part), 2004)