HomeMy WebLinkAboutCOM 0858.000 1998-2000Stephen K. Yarnashiro
Mayor
.July 12. 2000
Mr. Gregory R. Mooers
Mooers Enterprises, LLC
P.O. Box 1101
Kamuela, HI 96743
Dear Mr. Mooers:
(i0JN1Y Of Hqw
OF
LL[11tnfv of '_"Ufpaii
PLANNING DEPARTMENT
.,... ,T, . _ n"
(808) 961-8288 W Fax (808) 961-8742
Change of Zone Ordinance No. 96 25 (REZ 816)
Applicant: Gregory & Jean Knapp, et al.
Subject: Draft Declaration of Covenants
TMK: 7-3-25: 10
Virginia Goldstein
Dile, to,
Russell Kokubun
Dcyvty Director
Enclosed are two copies of the draft Declaration of Covenants for the above -referenced
ordinance. The draft agreements have been reviewed by the Office of the Corporation Counsel
and returned to this department with no comments.
Please note that Conditions D, E and F of the ordinance states that Final Subdivision approval will
be issued after the submission of a copy of the approved covenant(s) recited in an instrument
executed by the applicants and the County and recorded with the Bureau of Conveyances.
Should you have any questions, please call Phyllis Fujimoto or Susan Gagorik of this office at
961-8288.
mcerely,
VIItIINI GO DSTEIN
Planning Dire r
PF:pak
pAwpwin60\phy1lis\lKnapp02.do
Comm. No.S
Flle No, &MM
Rei. Tot
Ret. Date JUL 14 2900
Mr. Gregory R. Mooers
Mooers Enterprises, LLC
Page2
July 12, 2000
c w/ltr: County Council
West Hawaii Office
Planning Cnmmissinn
Stephen K. Yarnashiro
Mayor
r C.
MUOUntg a#'U£aaf
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 -Hilo, Hawaii 96720.4262 • (808) 961.8251 - Fax (808) 961.8622
June 21, 2000
TO Virginia Goldstein
Planning Director
FROM: Patricia K. O'Too�%�'
Deputy Corporation'Counsel
RE Ordinance No. 96-25 (REZ 816)
Gregory & Jean Knapp, et al.
Draft Declaration of Covenants
TMK:(3)7-3-25:010
COPIES/ITEMS DATE DESCRIPTION
Richard Wurdentan
Corporation Counrel
Copy (Draft) Agreement containing declaration of covenants.
Copy Ordinance 96-25 (Bill 203, Draft 3).
TRANSMITTED FOR:
[ ] Information and Files [ ] Approval
[ ] Signature and Return [ ] Review and Comments
[ ] Signature and Forwarding As Noted Below [x] See Remarks Below
[ ] Pursuant to Your Request [ ] Filing and Return (Envelope Enclosed)
REMARKS: Returning documents. No comments
Me
Encs.
4
Retum by: MAIL 1 X ) PICKUP ( ) TO:
S.V. (Bud) Qditiquit
Brooks Tom Porter Sc Quitiquit
75-1000 Henry Street, Suite 208
Kailua-Kona, HI 96740
TITLE OF DOCUMENT.
AGREEMENT
PARTIES TO DOCUMENT:
TOTAL NUMBER OF PAGES:
OWNER: GREGORY R. KNAPP and JEANNE M. KNAPP, husband and wife, and HARVEY
SALEM, single, all ofwhosemailing address is73-1800HaoStreet Kailua-Kona,HI96740
COUNTY: COUNTY OF HAWAH, a municipal corporation duly existing under, pursuant to and by
virtue of the laws of the State of Hawaii, whose principal place of business and mailing
address is 25 Aupuni Street, Hilo, Hawaii 96720
TAY: MAP M' (3) TMX No. 7-3.025:010 Nackowski/SVQ:sw/5-19-00
AGI EEM NT
This agreement made and entered into this , day of , 2000,
by ar,dbetweenthe COUNTY OF HAWAII, amunicipal corporation duly existing under, pursuant
to and by virtue of the laws of the State of Hawaii, whose principal place of business and mailing
address is 25 Aupuni Street, Hilo, Hawaii 96720(hereinafter the "COUNTY") and GREGORY R.
KNAPP and JEANNE M. KNAPP, husband and wife, and HARVEY SALEM, single, all of
whose mailing address is 73-1800 Hao Street, Kailua-Kona, HI 96740(hereinafterthe "OWNER");
WITNESSETHI:
WHEREAS, pursuant to County ofHawaii OrdinanceNo. 96-25, OWNERobtained
a change of the zoning district classification of a certain parcel of real property situated at situate at
Kaloko, North Kon:., Island and State of Hawaii, identified on the tax maps of the Third Taxation
Division of the State of Hawaii as TNM No. 7--3-025:010, and more particularly described in
Exhibit "A" attached hereto (hereinafter the "Real Property"), to Agricultural (A -5a); and
WHEREAS, Ordinance No. 96-25 provides that it is a condition of the change of
the zoning district classification of the Real Property that prior to the Final Subdivision Approval
of any subdivision of the Real Property, that certain restrictive covenants be imposed upon the Real
Property andrecorded in the Bureau of Conveyances of the State of Hawaii to; (1) delineate certain
"forest reserve easel nests" on the lots within the Real Property as set forth in Ordinance No. 96-25,
(2) require no less than fifty percent (50%) of the entire area of any lot within the Real Property,
including the forest reserve casements, be retained in forest, (3) require, prior to any land alteration
activities within arty lot within the Real Property, that the owner(s) of any such lot file a
conservation plan vrith the Kona Soil and Water Conservation District with a copy of the approved
plan to be submitted to the Planning Department of the County of Hawaii, (4) delineate a 100 -foot
wide structural setback on the lots within the Real Property as set forth in Ordinance No. 96-25,
and (5) prohibit the construction of more than one dwelling on any lot within the Real Property;
and
WHEREAS, the OWNER and the COUNTY wish to give notice to prospective
purchasers of lots within the Real Property of the restrictive covenants required by Ordinance No.
96-25 as described above;
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises herein contained, the OWNER and the COUNTY hereby set forth and mutually agree
upon the following,:
1. OWNER shall provide notice to each purchaser of a lot within the Real
Property, by way of inclusion of appropriate provisions in a Declaration of Covenants (hereinafter
the "Declaration") applicable to the Real Property, which Declaration has been or will be recorded
in the Bureau of Conveyances of the State of Hawaii and be binding upon the Real Property and
the lots within the Real Property as a covenant running with the land, in the form attached hereto
N.kw10W&i1.YAgreemmil ..&UAW AA Wlb=k fa,m TWfM 2
as Exhibit "B", that. (I) certain "forest reserve easements" are delineated on the lots within the Real
Property as set forth in Ordinance No. 96-25, (2) no less than filly percent (50%) of the entire area
of any lot within the Real Property, including the forest reserve easements, must be retained in
forest, (3), prior to any land alteration activities within any lot within the Real Property, the
owner(s) of any such lot must file a conservation plan with the Kona Soil and Water Conservation
District with a copy of the approved plan to be submitted to the Planning Department of the County
of Hawaii, (4) a 100 -foot wide structural setback has been delineated on the lots within the Real
Property as set forth in Ordinance No. 96-25, and (5) the construction of more than one dwelling
on any lot within the Real Property is prohibited.
2. The COUNTY agrees that the inclusion of the provision described in
Paragraph 1 above in the Declaration applicable to the Real Property shall satisfy the conditions
of Ordinance No. 96-25 for the inclusion of restrictive covenants in the deeds for lots within the
Real Property as described above and in Ordinance No. 96-25.
3. Nothing in this Agreement shall be construed as affecting the contract rights
as between the OWNER and any purchaser of lots within the Real Property.
4. Nothing in this Agreement shall be construed as constituting a taking of
private property by the COUNTY.
IN WITNESS WHEREOF, the parries have executed this Agreement on the day and
year first above written.
GREGORY R. KNAPP
JEANNE M. KNAPP
HARVEY SALEM
Nsska..ki/Weliil®VApeRnmr�r �:o�np re vSuk Porro rex.fm
"OWNER"
IT.1 10 WV II IJ.1.1 IIVIII VI\Vvl\V II",,",.1 1\ -I mV I..lV 11 V1V11 Vu •.. ....• .
COUNTY OF HAWAII
Lm
APPROVED:
COUNTY OF HAMIAII
PLANNING DEPARTMENT
By
Planning Direcwr
County of Hawaii
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
Dated:
STEPHEN K YAMASHIRO
Its Mayor
''COUNTY''
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
On this --_ day of 2000, before me
personally appeared GREGORY R. KNAPP, to me personally known (or proved to me on the basis
of satisfactory evidence) to be the person described in and. who executed the foregoing instrument,
who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing
instrument as the fate act and deed of such person(s), and, if applicable, in the rapacity shown,
having been duly authorized to execute such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
E
STATE OF HAWAII )
ss.
COUNTY OF HAWAII )
On this „ day of 2000, before me
personally appeared JEANNE M. KNAPP, to me personally known (or proved to me on the basis
of satisfactory evidence) to be the person described in and who executed the foregoing instrument,
who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing
instrument as the free act and deed of such person(s), and, if applicable, in the capacity shown,
having been duly authorized to execute such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
11
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII )
On this „ day of
2000, before me personally appeared
STEPHEN K. YAMASHIRO, to me personally known, who, being by me duly swom, did say that
he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the
seal affixed to the foregoing instrument is the corporate seal of the said County o€Hawaii; and said
STEPHEN K. Y'AMASHIRO acknowledged said instrument to be the free act and deed of said
County of Hawaii.
Name:
Notary Public, State of Hawaii
My commission expires:
E�:�:Ii�Glln
All ofthat certain parcel of land situate atKaloko, North Kona, Island and County ofHawaii,
State of Hawaii, more particularly described as follows:
Lot No. 7, portion Block 4, being a portion of Land Commission Award 7715:11 to Lota
Katriehameha, as shown on File Plan No. 994, filed in the Bureau of Conveyances of the State of
Hawaii.
SUBJECT, HO'WLVW to exception and reservation to Grantors and their successors and
assigns, of an easement of right-of-way ten (10) feet in width along each boundary of said Lots 2,
3, 6 and 7 of Block ,l (except any boundary abutting on any road shown on said File Plan 994).
BEING a portion of the land described in Deed dated June 7, 1988, recorded in said Bureau
in Liber 22124, Page 512.
Page 1 of I
E=BTT 'B"
(To be included in Declaration of Covenants)
1. Forest Reserve. Not less than eighty percent (80%) of the entire area of each
Subdivided Lot, including tho Forest Reserve Easements described below, (the "Forest Reserve")
shall be retained as a Forest. In addition, the following easement areas (the "Forest Reserve
Easements") shall be reserved for purposes of protecting and maintaining the Forest Reserve:
(a) A 60 -foot wide area along the existing public street frontage of the
Property, exclusive of access points permitted by the Department of Public Works or other agency
of the County of Hawaii with appropriate jurisdiction; and
(b) A 30 -foot wide area along all lot lines of the Subdivided Lots not
covered by the 60 -foot wide easement area referenced in Section 1(a) above.
2. Structural Setback. Each Subdivided Lot shall be subject to a 100 -foot wide
structural setback (the "Setback Area"), in lieu of the required 30 -foot setback, along the existing
public street frontage: of the Property. No structures shall be located within the Setback Area except
as permitted in yard or street setbacks under Chapter 25 (Zoning) of the Hawaii County Code, as it
may be amended, superceded or recodified from time to time.
3. Use. The purpose of the Forest Reserve is to preserve, manage and, where
appropriate, reforest areas of the Forest. No agriculture, grazing or forest harvest shall be permitted
in the Forest Reserve. Subject to natural causes and forces, the destruction of indigenous, endemic
and heritage plants within the Forest Reserves shall be prohibited. Non -natural herbaceous plants
may be trimmed or eliminated for the benefit of the Forest. Introduction of trees and plants within
the Forest Reserve :.hall be consistent with the long term viability of the Forest.
4. One Dwelling Per SS b�vided LoU . No more than one Dwelling shall be
constructed on each Subdivided Lot.
5. Conservation Plan. Prior to any land alteration activities within any
Subdivided Lot, the owner(s) of such Lot shall file a conservation plan with the Kona Soil and Water
Conservation District with. a copy of the approved plan submitted to the planning Department of the
County of Hawaii.
End of ENHIBTT 'B"
Return by: MAIL 1 X ) PICKUP ( ) TO:
S. V. (Bud) Quitiquit
Brooks Tom Pont & Quitiquit
Suite 208
75-1000 Henry Street
Kailua-Kona Hawaii 96740 TOTAL NUMBER OF PAGES:
TITLE OF DOCUMENT:
DECLARATION OF COVENANTS
PARTIES TO DOCUMENT:
DECLARANT: GREGORY R. KNAPP and JEANNE M. KNAPP, husband and wife, and
HARVEY SALEM, single, all of whose mailing address is 73-1800 Hao Sweet,
Kailua-Kona, HI 96740
TAX MAP KEYS (3) 7-3-025:010 Knapp/Declaration of Covenants 2.fatn/5-19-00
D- ECLARATiON OF COVENANTS
This Declaration ofCovenants ("Declaration") is made this day of
2000, by GREGORY R. KNAPP and JEANNE X KNNAPP, husband and wife, and HARVEY
SALEM, single, all of whose mailing address is 73-1800 Hao Street, Kailua-Kona, FII 96740
("Declarant").
RECITALS:
A. Dcciarant is the owner in fee simple of certain real property situate at ICaloko,
North Kona, Island and State of Hawaii, more particularly described in Exhibit A attached hereto
and made a part hereof (the "Property'); and
B. Pursuant to Ordinance No. 96-25 of the County of Hawaii, which changed the
zoning district classification ofthe Property from Agricultural (A -20a) to Agricultural (A -5a), certain
restrictive covenants and restrictions are to be declared in conjunction with the final subdivision
approval ("Final Subdivision Approval") of the Property into four (4) lots (collectively, the
"Subdivided Lots," or separately, a "Subdivided Lot').
DEFINITIONS:
A. "Forest" shall mean any and all indigenous, endemic or heritage trees and plants
growing on the property or the Subdivided Lots as of the date this Declaration is recorded in the
Bureau of Conveyances of the State of Hawaii or thereafter.
B. "Dwelling" shall mean a building used for residential purposes, together with
appurtenant or accessory structures, used or intended to be used by one or more persons, each related
by blood, marriage or adoption, or a group of no more than five (5) persons not so related, together
with his, her or their domestic servants and transient guests.
DECLARATIONS:
Declarai it hereby declares that the Property and each Subdivided Lot, from and afterFinal
Subdivision Approval, shall be held, sold, conveyed, used, occupied and improved subject to the
following cove=is and restrictions, which covenants and restrictions shall constitute covenants
running with the land and be binding upon and for the benefit of the owner or owners from time to
time of any interest in all or any of the Subdivided Lots:
I. Forest Reserve. Not less than eighty percent (80%) of the entire area of each.
Subdivided Lot, including the Forest Reserve Easements described below, (the "Forest Reserve")
shall be retained as a Forest. In addition, the following easement areas (the "Forest Reserve
Easements") shall he reserved for purposes of protecting and maintaining the Forest Reserve:
2
(a) A 60 -foot wide area along the existing public street frontage of the
Property, exclusive of access points permitted by the Department of Public Works or other agency
of the County of Hawaii with appropriate jurisdiction; and
(b) A 30 -foot wide area along all lot lines of the Subdivided Lots not covered
by the 60 -foot wide-asement area referenced in Section 1(a) above.
2. Sbuctural Setback. Each Subdivided Lot shall be subject to a 100 -foot wide
structural setback (The "Setback Area'), in lieu of the required 30 -foot setback, along the existing
public street fiontagc: ofthe Property, No structures shall be located within the Setback Area except
as permitted in yard or street setbacks under Chapter 25 (Zoning) of the Hawaii County Code, as it
maybe amended, superceded or recodified from time to time.
3. LJ_se. The purpose of the Forest Reserve is to preserve, manage and, where
appropriate, reforest areas of the Forest. No agriculture, grazing or forest harvest shall be permitted
in the Forest Reserve. Subject to natural causes and forces, the destruction of indigenous, endemic
and heritage plants within the Forest Reserves shall be prohibited. Non -natural herbaceous plants
may be trimmed or eliminated for the benefit of the Forest. Introduction of trees and plants within
the Forest Reserve shall be consistent with the long term viability of the Forest.
4. Qne Dwelling Per Subdivi ed loot. No more than one Dwelling shall be
constructed on each Subdivided Lot.
5. Conservation Plan Prior to any land alteration activities within any Subdivided
Lot, the owner(s) of such Lot shall file a conservation plan with the Kona Soil and Water
Conservation District with a copy of the approved plan submitted to the Planning Department of the
County of Hawaii.
6. DAration of Declaration. This Declaration, and each of the provisions contained
in this Declaration, shall be covenants running with the land and shall continue and remain in full
force and effect until amended or terminated as provided herein.
7. Enforcement by Declarant. The violation of any covenant set forth in this
Declaration shall not entitle Declarant to reenter or retake any Subdivided Lot, nor shall any
covenant set forth in this Declaration be deemed to reserve or grant to Declarant a right of entry,
power of entry, power of revocation, or possibility of reverter with respect to any S ubdivided Lot.
Declarant shall have no obligation to bring any action for the violation of any covenant orrestriction
set forth in this Declaration.
$. 1.tnen ent. This Declaration shall not be terminated, amended or altered in any
way, except by a recorded instrument signed by the owner(s) of the affected Subdivided Lots) and
with the written consent of the Director of the Planning Department of the County of Hawaii.
% Suce cors a d�Assigns, This Declaration shall be binding upon and shall inure
to the benefit of Declarant and each owner of a Subdivided Lot and their respective heirs, personal
representatives, successors, successors in trust and assigns, as the owner or owners from time to time
of the Subdivided Lots.
10. SeverabilU. The invalidity or unenforceability of any provision of this
Declaration in whole or in part shall not affect the validity or enforceability of any other provision
or any valid and enforceable part of a provision of this Declaration.
11. Ca t� ions. The captions and headings in this instrument are for convenience only
and shall not be comidered in construing any provisions of this Declaration.
APPROVED:
COUNTY OF HAWAII
By
Name:
Title:
GREGORY IL KNAPP
JEANNE M. KNAPP
HARVEY SALEM
4
"Declarant"
STATE OF HAWAI( )
ss.
COUNTY OF HAWAII }
On this _,,,..... __,_^. day of _ 2000, before me personally
appeared GREGORY R. KNAPP, to me personally known (or proved to me on the basis of
satisfactory evidcai c e) to be the persnrt described in and who executed the foregoing instrument, who,
being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument
as the free act and deed of such persort(s), and, if applicable, in the capacity shown, having been duly
authorized to executc such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
y
Y'llu _,t!"n'M ^ MNK-Pjro I LJA1 WOR!eg .51YLi !iU!I14!)II
STATE OF HAWAif )
} ss.
COUNTY OF HAWAII. )
On this day of 2000, before me personally
appeared JEANNE M. K:NAPP, to mepersonally known (orprovedto me on the basis ofsatisfaetory
evidence) to be the parson described in and -ivbo executed the foregoing instrument, who, being by
me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free
act and deed of suchperson(s), and, if applicable, in the capacity shown, having been duly authorized
to execute such instiumcnt in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
M
STATE OF HAWAII j
ss.
COUNTY OF HAWAII )
On this ____,__ day of 2000, before me personally
appeared HARVEY SALEM, to me personally known (or proved to me on the basis of satisfactory
c ici eic ) a,,
be th, pca,^= �cscnbed in Ana O'Keca,ted the foregoing instrument, who, being by
me duly sworn or affirmed, did say that such person(s) executed the foregoing insuwieut as the free
act and deed ofsuchperson(s), arid, if applicable, in the capacity shown, bavingbeen duly authorized
to execute such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
7
Womin
All of that certain parcel of land situate at Kaloko, North Kona, Island and County ofHawaii,
State of Hawaii, more particularly described as follows:
Lot No. 7, portion Block 4, being a portion of Land Commission Award 7715:11 to Lota
Kanichameha, as shown on File Plan No. 994, filed in the Bureau of Conveyances of the State of
Hawaii.
SUBJECT, HOWEVER, to exception a-tdzeservation to Grantors and their successors and
assigns, of an easement of right-of-way ten (10) feet in width along each boundary of said Lots 2,
3, 6 and 7 of Blocic 4 (except any boundary auuiting on auy road sbown on.. said File Plan 994).
BEING a portion of the land described in Deed dated June 7, 1988, recorded in said Bureau
in Liber 22124, Page 512.
END OF EXHIBIT A
Page 1 of 1
r
r
ll
Stephen K. Yamashiro
Mayor
f
VIOUutla of 'abinii
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961.8622
June 21, 2000
TO Virginia Goldstein
Planning Director
R
FROM: Patricia K. O'Too
Deputy Corporation -'Counsel
RE Ordinance No. 96-25 (REZ 816)
Gregory & Jean Knapp, et al.
Draft Declaration of Covenants
TMK: (3)7-3-25:010
COPIES/TTEMS DATE DESCRIPTION
Richard Wurdeman
Corporation Counsel
Copy (Draft) Agreement containing declaration of covenants.
Copy Ordinance 96-25 (Bill 203, Draft 3).
TRANSMITTED FOR:
[ ] Information and Files [ ] Approval
[ ] Signature and Return [ ] Review and Comments
[ J Signature and Forwarding As Noted Below [x] See Remarks Below
[ J Pursuant to Your Request [ ] Filing and Return (Envelope Enclosed)
REMARKS: Returning documents. No comments.
/de
Encs.
Return by: MAIL i X ) PICKUP ( ) TO.
S.V. (Bud) Qaitiquit
Brooks Tom Porter & Quitiquit
75-1000 Henry Street, Suite 208
Kadua-Kona, HI 96740
TITLE OF DOCUMENT:
AGREEMENT
PARTIES TO DOCUMENT:
TOTAL NUMBER OF PAGES:
OWNER: GREGORY R. KNAPP and JEANNE M. KNAPP, husband and wife, and HARVEY
SALEM, single, all ofwhose mailing address is 73-1800 Hao Street, Kailua-Kona, HI96740
COUNTY: COUNTY OF HAWAII, a municipal corporation duly existing under, pursuant to and by
virtue of the laws of the State of Hawaii, whose principal place of business and mailing
address is 25 Aupuni Street, Hilo, Hawaii 96720
TAX D, -AP KEY (3) TW No. 7-3-025:010 Nwkows1d/SvQ:sw/5-19-00
AGRElEWNT
This Agreement made and entered into this day of , 2000,
by ardretween the COUNTY OF RAWAH, a municipal corporation duly existing under, pursuant
to and by ;-irme of the laws of the State of Hawaii, whose principal place of business and mailing
address is 1-5 Aupuri Street, Hilo, Hawaii 96720(hereinafter the "COUNTY") and GREGORY R.
KNAPP and JEANNE M. KNAPP, husband and wife, and HARVEY SALEM, single, all of
whose mailing address is 73-1800 Hao Street, Kailua-Kora, HI 96740(hereinafterthe "OWNER");
WITNESSETH. -
WHEREAS, pursuant to County ofHawaii Ordinance No. 96-25, OWNERobtained
a change of the zoning district class'if'ication of a certain parcel of real property situated at situate at
Kaloko, North Kona, Island and State of Hawaii, identified on the tax maps of the Third Taxation
Division of the Stare of Hawaii as TMK No. 7--3-025:010, and more particularly described in
Exhibit "A" attached hereto (hereinafter the "Real Property"), to Agricultural (A -5a); and
WHEREAS, Ordinance No. 96-25 provides that it is a condition of the change of
the zoning district classification of the Real Property that prior to the Final Subdivision Approval
of any subdivision of the Real Property, that certain restrictive covenants be imposed upon the Real
Property and recorded in the Bureau of Conveyances ofthe State of Hawaii to : (1) delineate certain
"forest reserve easel nents" on the lots within the Real Property as set forth in Ordinance No. 96-25,
(2) require no less than fifty percent (50%) of the entire area of any lot within the Real Property,
including the forest reserve casements, be retained in forest, (3) require, prior to any land alteration
activities within arty lot within the Real Property, that the owner(s) of any such lot file a
conservation plan With the Kona Soil and Water Conservation District with a copy of the approved
plan to be submitted to the Planning Department of the County of Hawaii, (4) delineate a 100 -foot
wide structural setback on the lots within the Real Property as set forth in Ordinance No. 96-25,
and (5) prohibit the construction of more than one dwelling on any lot within the Real property;
and
VaXEREAS, the OWNER and the COUNTY wish to give notice to prospective
purchasers of lots within the Real Property of the restrictive covenants required by Ordinance No.
96-25 as described above;
NOW, THEREFORE, in consideration of the mutual covenants, conditions and
promises herein contained, the OWNER and the COUNTY hereby set forth and mutually agree
upon the following;:
1. OWNER shall provide notice to each purchaser of a lot within the Real
Property, by way of inclusion of appropriate provisions in a Declaration of Covenants (hereinafter
the "Declaration") applicable to the Real Property, which Declaration has been or will be recorded
in the Bureau of Conveyances of the State of Hawaii and be binding upon the Real Property and
the lots within the Real Property as a covenant ruining with the land, in the form attached hereto
NacicwtltilWeltilaeUAgteemanl a 1.601Y ro 6ltb" f0f= MfM 2
as Exhibit "B ", that. (1) certain "forest reserve easements" are delineated on the Iots within the Ideal
Property as set forth in Ordinance No. 96-25, (2) no less than fiit:ypercent (50%) of the entire area
of any lot within the Real Property, including the forest reserve easements, must be retained in
forest, (3), prior to any land alteration activities within any lot within the Ileal Property, the
` owner(s) of any such lot must file a conservation plan with the Kona Soil and Water Conservation
District with a copy cif the approved plan to be submitted to the Planning Department of the County
of Hawaii, (4) a 100 -foot wide structural setback has been delineated on the lots within the Real
Property as set fort)► in Ordinance No. 96-25, and (5) the construction of more than one dwelling
on any lot within the Real Property is prohibited,
2. The COUNTY agrees that the inclusion of the provision described in
Paragraph 1 above in the Declaration applicable to the Real Property shall satisfy the conditions
of Ordinance No. 96-25 for the inclusion of restrictive covenants in the deeds for lots within, the
Real Property as described above and in Ordinance No. 96-25.
3. Nothing in this Agreement shall be construed as affecting the contract rights
as between the OWNER and any purchaser of lots within the Real Property.
4. Nothing in this Agreement shall be construed as constituting a taking of
private property by the COUNTY.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
GREGORY R. KNAPP
JEANNE M.14NAPP
IiARVEY SALEM
N3dW* VWd1vWAafMftry.:oPvAVrew6akPaeum fim 3
"OWNER"
t ,.
A
i
max - 117 -VU ! I • 146111 1 11.'111 Vl'4V— MTI 1 H-6" .— 3N1 i .d{ 1
APPROVED:
COUNTY OF HAWAII
PLANNING DEPARTMENT
By
Planning Direcu)r
County of Hawaii
APPROVED AS TO FORM AND LEGALITY:
Deputy Corporation Counsel
County of Hawaii
Dated:
NrCkov:ki/WaEiIM✓wgreaornc w I;oumy ro taGrac fawt ra•hm 4
COUNTY OF HAWAII
By
STEPHEN K 'YAMASHIRO
Its Mayor
IICOUNTY"
STATE OF HAWAR )
ss.
COUNTY OF HAWAII )
r
On this day of 2000, before me
personally appeared GREGORY R. KNAPP, to me personally known (or proved to me on the basis
of satisfactory evidence) to be the person described in and who executed the foregoing instrument,
who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing
insument as the fr,.e act and deed of such person(s), and, if applicable, in the capacity shown,
having been duly authorized to execute such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
STATE OF HAWAII )
) SS.
COUNTY OF HAWAU )
On this day of , 2000, before me
personally appeared JEANNE M. KNAPP, to rye personally known (or proved to me on the basis
of satisfactory evidence) to be the person described in and who executed the foregoing instrument,
who, being by me (July sworn or affirmed, did say that such person(s) executed the foregoing
instrument as the fwe act and deed of such person(s), and, if applicable, in the capacity shown,
having been duly authorised to execute such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
0
STATE OF HAWAII }
ss.
COUNTY OF HAWAII )
On this day of , 2000, before me personally appeared.
STEPHEN K. YAMA.SHIRO, to me personally known, who, being by me duly sworn, did say that
he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the
seal affixed to the foregoing instrument is the corporate seal of the said County of Hawaii; and said
STEPHEN K. Y"AMASHIRO acknowledged said instrument to be the free act and deed of said
County of Hawaii.
Name:
Notary Public, State of Hawaii
My commission expires:
7
r A s
EXHIBIT A
All ofti?at certain parcel of land situate at Kaloko, North Kona, Island and County ofHawaii,
Stat_ of llffawaii, more particularly described as follows:
Lot No. 7, portion Block 4, being a portion of Land Commission Award 7715:11 to Lota
Kamehameha, as shown on File Plan No. 994, filed in the Bureau of Conveyances of the State of
Hawaii.
SUBJECT, HOWEVBR, to exception and reservation to Grantors and their successors and
assigns, of an easement of right-of-way ten (10) feet in width along each boundary of said Lots 2,
3, 6 and 7 of Block 4 (except any boundary abutting on any road shown on said File Plan 994).
BEING a portion of the land described in Deed dated June 7, 1988, recorded in said Bureau
in Liber 22124, Pagc 512.
END OF EXHIBIT A
Page i of 1
G&HIB1 1 -1BFT
(To be included in Declaration of Covenants)
1. Forest Reserve. Not less than eighty percent (80%) of the entire area of each
Subdivided Lot, including the Forest Reserve Easements described below, (the "Forest Reserve")
shall be retained as a Forest. In addition, the following casement areas (the "Forest Reserve
Easements") shall be reserved for purposes of protecting and maintaining the Forest Reserve:
(a) A 60 -foot wide area along the existing public street frontage of the
Property, exclusive of access points permitted by the Department of Public Works or other agency
of the County of Hawaii with appropriate jurisdiction; and
(b) A 30 -foot wide area along all lot lines of the Subdivided Lots not
covered by the 60 -foot wide easement area referenced in Section 1(a) above.
2. .SUWtural Setback. Each Subdivided Lot shall be subject to a 100 -foot wide
structural setback (die "Setback Area'), in lieu of the required 30 -foot setback, along the existing
public street frontage: of the Property. No strictures shall be located within the Setback Area except
as permitted in yard or street setbacks under Chapter 25 (Zoning) of the Hawaii County Code, as it
may be amended, superceded or recodified from time to time.
3. Us -q. The purpose of the Forest Reserve is to preserve, manage and, where
appropriate, reforest areas ofthe Forest. No apiculture, grazing or forest harvest shall be permitted
in the Forest Reserve. Subject to natural causes and forces, the destruction of indigenous, endemic
and heritage plants within the Forest Reserves shall be prohibited. Non -natural herbaceous plants
may be trimmed or diminated for the benefit of the Forest. Introduction of trees and plants within
the Forest Reserve shall be consistent with the long term viability of the Forest.
4. One Dweliine Per Subdivided Lot. No more than one Dwelling shall be
constructed on each Subdivided Lot.
S. C enwion Plan. Prior to any land alteration activities within any
Subdivided Lot, the owner(s) of such Lot shall file a conservation plan with the Kona Soil and Water
Conservation District with a copy ofthe approved plan submitted to the planning Department ofthe
County of Hawaii.
End of EXMIT "B"
x
4
i
Rerun by: MAIL ( X ) PICKUP ( ) TO:
S. V. (Bud) Quitiq t
Brooks Tom Porter & Quitiquit
Suite 208
75-1000 Henry Street
Kadua Kona Hawaii 96740 TOTAL NUMBER OF PAGES_
T= OF DOCUMENT:
DECLARATION OF COVENANTS
PARTIES TO DOCUMENT:
bECLARANT: GREGORY & KNAPP and JEANNE M. KNAPP, husband and wife, and
HARVEY SALEM, single, all of whose mailing address is 73-1800 Hao Sweet,
Kailua-Kona, iii 96740
TAX MAP KEYS (3) 7-3-025:010 Knapp/Declaration of Covenants 2.frm/5-19-00
1—DE C IARATION OF COVENANTS
This Declaration of Covenants ("Declaration") is made this day of ,
2000, by GREGORY R. KNAPP and JEANNE M. XNAPP, husband and wife, and MAMR IVEY
S ALE'S*, single, all of whose mailing address is 73-1500 Hao Street, Kailua-Kona, M 96740
("Declarant").
RECITALS.
A. Dt:clarant is rhe owner in fee simple of certain real property situate at Kaloko,
North Kona, Island .utd State of Hawaii, more particularly described in Exhibit A attached hereto
and made a part hereof (the "Property"); and
B. Pursuant to Ordinance No. 96-25 of the County of Hawaii, which changed the
zoning district classification of the Property from Agricultural (A -20a) to Agricultural (A -5a), certain
restrictive covenant:; and restrictions are to be declared in conjunction with the final subdivision
approval ("Final Subdivision Approval") of the Property into four (4) lots (collectively, the
"Subdivided Lots," or separately, a "Subdivided Lot"}.
DEFINITI NS:
A. "Forest" shall mean any and all indigenous, endemic or heritage trees and plants
growing on the Pro pony or the Subdivided Lots as of the date this Declaration is recorded in the
Bureau of Conveyances of the State of Hawaii or thereafter.
B. "Dwelling" shall mean a building used for residential purposes, together with
appurtenant or accessory structures, used or intended to be used by one or more persons, each related
by blood, marriage or adoption, or a group of no more than five (5) persons not so related, together
with his, her or their domestic servants and transient guests.
DECLARATIONS:
Declarant hereby declares that the Property and each Subdivided Lot, from and after Final
Subdivision Approval, shall be held, sold, conveyed, used, occupied and improved subject to the
following covenan is and restrictions, which covenants and restrictions shall constitute covenants
running with the land and be binding upon and for the benefit of the owner or owners from time to
time of any interest in all or any of the Subdivided Lots:
1. Forest Reservg. Not less than eighty percent (80%) of the entire area of each
Subdivided Lot, including the Forest Reserve Easements described below, (the "Forest Reserve)
shall be retained as a Forest. In addition, the following easement areas (the "Forest Reserve
Easements") shall be reserved for Purposes of protecting and maintaining the Forest Reserve:
2
(a) A 60 -foot wide area along the existing public street frontage of the
Property, exclusive of access points permitted by the Department of Public Works or other agency
of the County of Haivaii with appropriate jurisdiction; and
(b) A 30 -foot wide area along all lot lines of the Subdivided Lots not covered
by the 60 -foot wide-Mscment area referenced in Section 1(a) above.
2. Structural Setback. Each Subdivided Lot shall be subject to a 100 -foot wide
structural setback (The "Setback Area'), in lieu of the required 30 -foot setback, along the existing
public street frontage: ofthe Property. No structures shall be located within the S etbaek Area except
as permitted in yard or street setbacks under Chapter 25 (Zoning) of the Hawaii County Code, as it
maybe amended, superceded or recodified from time to time.
3. 11&. The purpose of the Forest Reserve is to preserve, manage and, where
appropriate, reforest areas of the Forest. No agriculture, grazing or forest harvest shall be permitted
in the Forest Reserve. Subject to natural causes and forces, the destruction of indigenous, endemic
and heritage plants within the Forest Reserves shall be prohibited. Non -natural herbaceous plants
may be trimmed or eliminated for the benefit of the Forest. Introduction of trees and plants within
the Forest Reserve shall be consistent with the long term viability of the Forest.
4. nne Dwelling Per Subdivided Lot. No more than one Dwelling shall be
constructed on each Subdivided Lot.
5. CgnservatioAPlam Prior to any land alteration activities within any Subdivided
Lot, the owner(s) of such Lot shall file a conservation plan with the Kona Soil and Water
Conservation District with a copy of the approved plan submitted to the Planning Department of the
County of Hawaii.
6. Duration of Declaa 'on. This Declaration, and each of the provisions contained
in this Declaration, shall be covenants running with the land and shall continue and remain in full
force and effect until amended or terminated as provided herein.
7. Enforgemet by Declarant. The violation of any covenant set forth in this
Declaration shall not entitle Declarant to reenter or retake any Subdivided Lot, nor shall any
covenant set forth in this Declaration be deemed to reserve or grant to Declarant a right of entry,
power of entry, power of revocation, or possibility of reverter with respect to any Subdivided Lot.
Declarant shall have no obligation to bring any action for the violation of any covenant or restriction
set forth in this Declaration.
8. Amendment. This Declaration shall not be terminated, amended or altered in any
way, except by a recorded instrument signed by the owner(s) of the affected Subdivided Lot(s) and
with the written consent of the Director of the Planning Department of the County of Hawaii.
9. Successors and Assigns. This Declaration shall be binding upon and shall inure
to the benefit of DE:elarant and each owner of a Subdivided Lot and their respective heirs, personal
U
representatives, successors, successors in trust and assigns, as the owner or owners from time to time
of the Subdivided Lots.
10, Severabilirv. The invalidity or unenforceability of any provision of this
Declaration in whole or in part shall not affect the validity or enforceability of any other provision
or any valid and enforceable part of a provision of this Declaration.
11. QR "on The captions and headings in this instrument are for convenience only
and shall not be coniddered in construing any provisions of this Declaration.
APPROVED:
COUNTY OF HAWAII
By
Noon:
Title:
GREGORY IL KNAPP
JEANNE M. KNAPP
HARVEY SALEM
2
"Declarant"
* 4
STATE OF HAWAI( ) { C
SS+
COUNTY OF HAWAII )
On this --- -- day of _ , 2000, before the personally
appeared GREGORY R. KNAPP, to me personally known (or proved to me on the basis of
satisfactory evdd ace) to be the person deserbed in and who executed the foregoing instrument, who,
being by me duly sworn or affirmed, did say that such person(s) executed die foregoing instrument
as the free act and deed of suchperson(s), and, if applicable, in the capacity shown, having been duly
authorized to execute such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
5
STATE OF HAWAII
COUNTY OF HAWAII
�/(t �11�1`r $( 9�`J Iv ij111 l 11�11j I
i
On this day of _ . 2000, before me personally
appeared JEANNE M. KNAPP, tome personally known (or proved tome on the basis of satisfactory
evidercc) to ba the person described in and who executed the aforegoing instrument, who, being by
me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument as the free
act and deed of such person(s), and, if applicable, in the capacity shown, having been duly authorized
to execute such instiumcnt in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
0
STATE OF HAWAU )
} ss.
COUNTY OF HAW All )
On this _______ day of , 2000, before me personally
appeared HARVEY SALEM, to me personally known (or proved to me on the basis of satisfactory
y1n�;i,�ii ;,, a r� c;{r'nn �v{?r_;atYed eing by
the foregoing instrument, �1V:lr+o, b
tlsd{;iiisv.j � 3b {bi 6 ii�ii Jam.
me duly sworn or affirmed, did say that such person(s) executed the foregoing instrurnent as the free
act and deed of such person(s), and, if applicable, in the capacity shown, having been duly authorized
to execute such instrument in such capacity.
Name:
Notary Public, State of Hawaii
My commission expires:
7
All of that certain parcel of land situate at Kaloko, Nom Iona, Island and County of Hawai i,
State of Hawaii, more particularly described as follows:
Lot No. 7, portion Block 4, being a portion of Land Commission Award 7715:11 to Lota
Kanichameha, as shown on File plan No. 994, filed in the Bureau of Conveyances of the State of
SUBJECT, HOWEVM to exception and reservation to Grantors and their successors and
assigns, of an easement of right-of-way ten (10) feet in width aloe; each boundary of said Lots 2,
3, 6 and 7 of Block 4(except any boundary, abu.tdnig on any marl shomm on said File Plan 994).
BEING a portion of the land described in need dated June 7,1988, recorded in said Bureau
in Liber 22124, Page 512.
WIDDIONOIRREACAM
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