COM 0964.051 2004-2006 - Laserfiche WebLink

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DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT is made this day of August, 2006 by CAPTAIN COOK RANCH LLC, a Hawaii limited liability company, whose mailing address is 75-5722 Kuakini Highway, Suite 208, Kailua-Kona, Hawaii 96740 ("Captain Cook Ranch" and hereinafter also called the "Declarant"'). RECITALS: WHEREAS, Captain Cook Ranch is the fee owner of those two certain parcels of land known as: i) Lot 8-A, containing 72.321 acres, more or less, identified by Tax Map Key No. (3) 8-2-002-002 and ii) Lot 8-13, containing 22.881 acres, more or less, identified by Tax Map Key No. (3) 8-2-002-055, both located in Kealakekua, Hawaii and each being more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, the Property is entirely within the State Land Use (SLU) "Urban" district and presently zoned by the County of Hawaii as "RA-1a" (Residential and Agriculture with a minimum lot size of two acres) as defined by Sections 25-5-50 though 25-5-57 of the Hawai'i County Code; and WHEREAS, the County Council of the County of Hawai'i by adoption of Ordinance No. has amended the General Plan of the County of Hawai'i to change the designation of the Property to "Rural" on the Land Use Pattern Allocation Guide (LUPAG) Map, which General Plan designation is consistent with the Property's SLU "Urban" classification and "RA-2a" County zoning, and WHEREAS, in consideration thereof, Declarant wishes to assure that the rural character of the Property is maintained in the future, and that such "Rural" designation on the LUPAG Map of the County of Hawai'i General Plan is not used as a basis for rezoning the Property to a County zoning classification providing a density greater than that allowed by the present zoning. NOW, THEREFORE, the Declarant, hereby unilaterally declares that the Property shall hereafter be subject to the following restrictive covenant and hereby further declares that the Property shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied and improved subject to this Declaration as to the terms set forth herein and that this Declaration shall constitute a covenant running with the land and shall be binding upon the Declarant and all subsequent owners of the Property, their respective heirs, personal representatives, successors, successors in trust and assigns (the "Subsequent Owners"). 1. Neither the Declarant, nor any Subsequent Owner of the Property or any portion thereof, shall cancel or amend this covenant nor seek to rezone any such portion of the Property which is designated Rural on the LUPAG Map of the County of Hawai'i General Plan from its present "BA-2a" zoning, until such time as: 1