Loading...
HomeMy WebLinkAboutCOM 0452.005 1996-1998 SEAMOUNT ENTERPRISES LLC Ka'awaloa Orchazds October 1, 1997 RECENED Dat C~n~'Council EASEMENT RIGHTS OF RECORD ~"'4"--=_---~ 1. July 29, 1997 letter from Elia Long of First American Long & Melone Title Company, Ltd. to Virginia Goldstein confirming Seamount Enterprises LLC's rights to certain easements and covenants fro access, utility and water purposes; enclosing (a) subdivision map for lots 1B to 7B, and (b) Roadway Use and Maintenance Agreement 2. Addendum A to 02/21/97 DROA between Christopher Nome and Frievalds/Allen regarding agreement not to object to development and roadway expansion. 3. Contractual Agreements that Survive Closing Regazding Lot 6-3 (Curtis), dated April 3, 1988 regarding agreement not to object to development and roadway expansion. 4. Enlarged map of proposed Ka'awaloa Orchazds Agricultural Project District, depicting 50-ft. wide easement (in yellow) and Lievens' foliage encroachment onto the County of Hawaii's owned Napo'opo'o Road (in red). ~ SlS2, os ;rn. ita. 2nt c; ~N >MC. Date I ~ M, A M ER/ o- ~ 1 ;in 2 _ _ ~0~ ~p - '~2 N NC & M E t,O First American Long & Malone Title Company, Ltd. 333 QUEEN STREET, SUITE 500 HONOLULU. HAWAII 96813 TEL (808) 536-3866 FAX (808) 537-5446 EliaW.Lon,q, July 29, 1997 President, C.E.O. Me. Virginia Goldstein, Planning Director County of Hawaii, Planning Department 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Re: Application of Seamount Enterpriaea LLC, for an Agricultural Proiect District (REZ 97-8) Dear Me. Goldstein, This letter is to confirm that the rights of the applicant, Seamount Enterpriaea LLC, to certain easements and covenants for acceae, utility and water purposes across lots 4H, SB, 6B, b 7B (TMH's 8-1-09-16, 30, 31 and 32 are properly of record. For your reference please find enclosed a copy of the Subdivision Map for Lots 1B - 7H and that certain "Roadway Uae and Maintenance Agreement" effecting lots 4B, SH, 6B & 7B. We wish to confirm that each of the conveyances of lots 4B, SH, 6B b 7B by the former owner were made subject to the easements shown on the subdivision map referenced above and that all subsequent title holders of lots 4B, 5B, 6B fi 7B took title eubject to the reservation of those easements. In particular we draw your attention to easements "A-1" and "A-5" which reserved a fifty foot wide acceae and utility easement across lots 4B, SB, 6B b 7B. We also confirm that lots 4B, 5B, 6B & 7B were conveyed subject to that certain "Roadway Use and Maintenance Agreement" filed on Page 21867 Liber 653 to 658 in the Bureau of Conveyances, and that all subsequent title holders of lots 4B, 5B, 6B S 7B took title subject to "Roadway Uae and Maintenance Agreement". Ma. Virginia Goldstein July 29, 1997 Page 2 In particular we draw your attention to paragraph 4 of the Roadway Uae and Maintenance Agreement which reserves in the Grantor the right to grant additional acceae and use rights to others and to make additional improvements to the roadway. Finally we wish to confirm that all the acceae rights contained in the reservations of easement and under the Road Uee and Maintenance Agreement across lots 4B, 5B, 6B b 7B have been fully conveyed by the former owner to Seamount Enterprises LLC, by Warranty Deed dated May 14, 1997 and recorded in the Bureau of Conveyances as Document No. 97-064097, as corrected. If I can of any further assistance please call me at (808) 536-3866 or facsimile (808) 537-5448. Si/nc'erely, Gam- ? "t_ Elia W. Long EWL:ls Enclosure KAAMALOA ROAD $~H'- " Y~' 1 q<pp - i6 i uN nF%~ I ~ j~ e c ;g~--'~a°d ~a r'w'~'a. $4yi Eg~~p x x~ ~ ii t ^ ' . ~ ~ 6iEq 7 y bw, ~4•\^~l P S ~ ~i~ -1~(fy~~yIIM1',H41 ]p8 e 'P ~ y to Y. t^i~ .,g•.. in 5 ~ 4 • i N J.+ . x s" i ° :i °o c J { ~~~Y° a'EIB I Z . ti'e.,' - I o r d 7. 8 t b c~ ``i % S i i. ti n x f,/a ~ 8 0. ~ ! t y ~ a. J - ~ m , ~ nit 2 + ~ 'it 1 ~l j ~ ~.a\ ~ 8 \ \ ~ ';s it 1 >8 ° i ~ ~ N x. I1 O L y~ i $ 9 ate' 1 :ast_ J}r ` ~ 1 _ :44 Y $ ~ X S'?t?uYi Ya T y $S ~Hn a Pqt a3 Y ~ g s~ r ~ t *s' N { Y4di, i~~3 ~ s 39 B'~fE3 ' $ ~ ~ x o y ~ ~ I~ ~r is E / +~t-~ d> 4 rEEB i 5+ i 69' B•8 y{ 'a~;~°., 1 0 3" ~ d {`I j d~'a+ t> v Y E t'. `:q w a m ~ i $'~A''a l 8JY s ~ ~ F"' R ~ n i la ~3*,. - L:.Y~ E.6M?i.y 615 ' °a'; ~ Ix 6 l~l; ~i N m D y3 ET' ~a3$ X i~] t~n~ j6 ~ i i. ~i~ a.. ~ : #a-~--~-~`^ N • gf; y: r t:'+~i~li7 ~ N s'` y p~~'~.~' . dE Il.a q d~ ~ r_{~I1S ;~o~ ~A Bda{ He ' a ~~I" i xr BdE ~ d a, Su ~ it ~ y ~ Y~l£ S;iS ~ ^J :F ~~3F '~Y c o 4 8; - 8/87.7 E g'bZ' ,s^ S ~ $ ~ is ~'i3~ ~'~f i > m / ~ E ~F£ ~ le n m tr. "rs m m $ I la y S- ~~F''. y 4'' ~ $ ? l ° ~ 1 d = + - + sassm.d______ r p _ E" a { sc I ! 8: a y 8 is i~g a~5 °i~~ °t c3i ~e ~Pg~. ° $ xx • x F ~ F" ~ tL t =7- Ea 6qa * ° ej ~ }a $ --i`<'t3+_ F b$~< 3 m dam, b 3 ~ i.¢ 6N<>m r i. m spry 'b• N f y ys~~.0 ~ C 2G > ~ F r c imRm p O w y ° c- _ ~ ~ ^ W c. ~ > Io _ l F s M ~CfO glZ i J~` ~ 9i~"~ W < M ~ 6 his F1L E CQP Y ROADWAY USE AND NAINT£NANC£ AGREEMENT LOTS 4-H, 5-B , 5-B dad 7-B I. Definitions. The terms and phrases used in this Agreement shall have the same definitions as those in the Declaration of Covenants, Conditions and Restrictions to which this Agreement is attached EXCEPT TEAT the term "Roadway" as used in this Roadway Use and ![aintenance Agreement shall mean the easements described in 2xhibit "2" attached to the aforesaid Declaration and specifically indentified as "A-1" and ^A-2", the tezm "Lot" shall mean Lots f-8, 5-B, 6-B and 7-B of the "Kaawalca Orchards Subdivision" and the term "Lot holder" shall mean only those Lot holders (as defined in the aforesaid Declaration) far Lots 4-B, 5-B, 6-8 and 7-8. 2, Lsse_ The Roadway will be used by the Lot holder for roadxay purposes of ingress and egress to Lots 4-b, 5-B, 6-B and 7-B located in the "Raawaloa Orchards Subdivision" and for utility gurposes over or under the Roadway to said Lots, No Lot heldet, including Ctantar to the extent he is a Lot he lilac--see Paragraph 4 below, shall nave any right to assign or convey any rights in the Roadway for ingress or egress to any property other than Lots 4-B, 5-B, 6-B and/or 7-s located within the ^Kaawaloa Orchards Subdivision^. The Roadway shall be used for sue!! purposes only by: fl) the holders of Lota 4-B, S-B, s-a ant 7-B in the "Raawaloa Orchards Subdivision", tacit Families, tenants, queers and iaviteesj (2) those persons and theiz successors in interest, if any, for whom use has been reserved by the Grantor in Ehe instruments creating, granting or transferring the Lots andJor the Roadway and each of its Constituent parts; and (3) such other persona as the Grantor may desiginate passant to the terms o! thin Roadway Use and naintenancc Agreement. No Lot holden, or any person acting on behalf of a Lot holder, shall in any way prevent or inhibit free usage of the Roadway by those persons entitled thereto for the purposes and upon the Conditions set forth 'in this Roadway Use and Maintenance Agreement and the Declaration of Covenants, Conditions and Restrictions desczibed above. 3. Maintenance, Ooeraticn And Repair Of The Roadway. (a) Coses of Mlaintenance And Repair. 11) The costs and fees associated with the maintenance and repair of the Roadway shall be paid in equal shares by the owners of the parcels of real property having use o: the Roadway, subject, however, to the terms, conditions and agreements set forth below for the creating, granting or transferring of ocher ri. anC the a°e°^~"•~ constituting the Roadway,-~whiCh might on occasion require a different allocation and payment of the costs oC the Roadway, ~ respect to the costs and fees attributable to ZO'd 09E5 886 505 "~~+I 'S'd"S Tb~£i L6-BO-L^~' ..ten ,~n,.~aY a,uxr LO'Bef ?9'J 376 PACE sJ9 ens Roadway, those costs and fees shall be paid pro coca by each Got holds; and the Gzantor !n equal measure, or ZQY of the total each. In the event any Lot holder or other user of the Roadway, 1:ib agent, representative, contractor, workman or employee shall cause damage to th! Roadway through the use of heavy equipment, construction activity of otherwise, the full cose of the repair to the Roadway shall be borne by and pals by the offending Lot holder oc user. AB used in this Ayreement, the term "damage^ snail 1nc]ude a coneree. sp;31 ar indelible Stain on the Roadway. (2) In the even[ the Grantor shall grant any right of access to or over ehr! Roadway to the owner of any other properties other than Lots 1-B, 5-8, 6-S or 7-S within the 'itaawaloa Orchards subdivision" as provided in paragraph 4 below, the access and use oL such ether persons shall be subject to the obligation o! such porson to pay a pro rata [hare of the costs and fees for maintenance and repair oL the Roadway, such obiiga[ian to accrue to the owner upon the commanceraent of construction of a residence on th• other property. Such pro rata share is to be 8ttermined by dividing the number one (1) (the numerator) Dy the nurobec of new parcels or lots to which the Grantor shall grant access or use, plus the number o! Lots in this portion of the lCaawaloa Orchards subdivision and Grantor., i.e., five (5), (the denorninatorl. (]1 The costs and fees for maintenance and repair of the Roadway shall be incurred to maintain the Roadway in a condition similar to that exiatinq at the elms the Lot holder purchased his Lot in the "Kaawalaa Orchard[ Subdivision." No Lot holder shall be required to make any contribution for improvements or repair to the Roadway over and above its existing standard and quality at the time of his purchase witheut the prior written consent of a12 of the Lot holders and no person other than a Lot holdeY'.shail have any right tb requiro any maintenance or repairs ev the Roadway unless Such right shall have been reserved in' any instrument crenting, transferring or granting any easement constitutfng the Roadway, (4) eor purposes of thfs Paragraph 3, casts of maintenance and repair shall be deemed to includr (i) the cost of actual repairs necessary to maintain the Roadway in fts original condition; Iii) the cost of keeping tare Roadway clear of debris and natural yzowth not being otherwise contained and managed by the users of the Roadway[ (Sii) the cost eE aaintaininq and stzDilizfny the Roadway shonldersi and (iv) the cose of accounting, bi111nq and collection of tAe amounts owed by those liable pursuant to this Roadway IIse and Maincenanee Agreement for the coats and fees of the maintenance and repair of the Roadway. For purposes of this Paragraph 3, costs sha21 not include any claims, demands, charges or coats LoC material provided Eor ~c work performed on the Roadway prior to the G:antoc's sale of the Lots covered by this Roadway Ose ana 2 •ouI 'S'd'S Ib=Ei L6-90-LnC £O'd 09£5 986 505 ~ _ +"n ,t t,.a.tx GUKP [p+Ae" 293336 PACL' 6!9 Maintenance Agreement to a holder. As to such claims, demands, charges or costs roc materials provided for or work performed • on the Roadway prior to the Grantor's sale, the Grantor shall indemnify and hold the Lot holder harmless and the Crantoi hereby warrants and guarantees that all such claims, demands, charges and costs have been, oc will be, paid by the Grantor at no expense to any Lot holder. Sb) Aedication. In the event that any person imptovrs the Roadway, or any portion thereof, to County of Hawaii dedicable standards, upon the request of all of the Lot hoidets and ocher users of the Roadway, the Lot holders agree to join in the dedication of the Roadway or the affected poztipn thereof, to the County of Hawaii. provided that the Lot holders shall be released from all obligations under this Roadway Use and Maintenance Agreement for the portion ao dedicated to the County of Hawaii, the Lot holder shall remain liable for any costs and lees incurred prior to dedication but no Lot holder shal'1 be liable without hie consent for the cost of improving the Roadway to a condition better than that which existed at the time the Lot holder acquired his Lot (n the ")Caawaloa orchards Subdivision", (c1 Owner Initiative. In the event any Lot holder deems it necessary to in bate Roadway maintenance or repoira, he may do so on his own initiative subject to the conditions stated below end seek reimbursement from the ocher Lot holders and users of the Roadway pursuant to the terms and conditions of this Roadway ose and Maintenance Agreement. Any Lot holder proceeding to initiate repairs or maintenance wit!;out the written consent of alt of the other Lot holders and users shall not be entitled to reimbursemenk Erom the ocher Lot holders and users unless he either: (lf limits the request in billing for ceimbuzsemant to the casts of materials used with no charge for labvc; or (2) does each of the following: (i.) seeks bids for the repair and maintenance work from at least two (2) licensed Contractors; ` (ii) has the werk completed by some person (whether licensed or not) at a cost equal to or less than the lowest bid received as provided ih (il abovtj and (iii) gives notice to Ehe other Lot holders in vritino thirty days prior to the commencement of ehe work or signing of a contract Eor the work, whichever shall first occur, as to what work will be done and the estimated cost of the work; provided, however, that in the event the Roadway shah be Impassible at any point, noeicQ need 3 09E5 886 505 "~~I "S•d'S ~b%Er L6-80-L^~• no'd yr ..:nom a"uw:l• ~[K IxE AL LV CORT fD•e0• '99276 PACE 0/9 le) r2oticca. for purposes of this paragraph 3, noeices shall be dec2ocd as given on the day when they have been personally delivpzed to thv .dares:ee or when deposited in the United States rost alfice, postage pze-paid, addressed to the Lot holder or user at the address shown on the document of title for the property for whose benefit the Roadway is being used. Additional Access And tlae. (a) An set Forth in the Warranty Deed to which this Roadway Use and Management Agreement is attached, the Grantor, as Crantor, has reserved the right to grant additional access and use rights to properties other than those constituting Loes 4-B. 5-s, 6-8 and 7-8 of the "1Caawaloa Orchards Subdivision." The Crantor further reserves the tight to make additional improvements to the Roadway upon notice to the Lot holders. The Crantor has reserved these tights subject to his obligation to obtain an agreament lcom such additional users to pay a pro rata shase of the costs and fees Lor maintenance and operation of the Roadway as described in this Roadway Ilse And Maintenance Agreement and the terms and provisions of this Paragraph 9. Ib) In the event the Grantor shall grant additional access and use ovtr and across the easements described in Exhibit "2" attached to the Declaration to which this Agreement is attached and specifically identified as "A-Z", the Following terms and conditions shall apply: (1) The Lot Holders shall have no obligation to pay any costs or expenses with respect to the construction of any additional improvements made to the Roadway nor shall the Lot holders be obligated to pey any costs or expenses with respect to the improvements const[ucted upon the easements identified as "A-5". (2) The Lot owners shall, however, remain obligated to bear choir share o! the coats of the maintenance and repair of the Rondway as provided in Paragraph 3 above, including any additional improvements Wade to the Roadway incident, to the additional access and use granted by the Gtanto[. {c1 In the event the Crantor shall receive any monetary or other consideration for the granting of such right, the Grantor reserves the right to receive and retain such compensatior, v+ithcut abiigei:ion or liability eo pay over to any Lot holder in the Kaawalaa Orchards Subdivision or any other user of the Roadway, 5. Indemnity And bold Harmless Agreement. Lzcept as may be otherwise provided in a apeciFfc written agreement, each 90-d 09£S 886 SOS '~~I 'S'd'S Zb=£i L6-80-L^C' n (.e " -y~ +,~u~ „KVM :CI `K R6ALSY CORP ID-90® 93038 PAGE ./9 not be given for work to clear the impose and obtain reimbursement therefor. If another Lot holder can have the proposed work done Eor at least r.en percent (10lI less than the proposed price es set forth In the notice given pursuant to liii) above, the work shall be done at a lower price. iiithout the unanimous consent of all of the Lot holders and users of eh• RDadway, or the portion thereof which will be subject to the contract, no contract for maintenance and repair shall have a term exceeding one (1) year. Any Let holder contracting with an unlicensed contractor for saintenance or repair work pursuant to this Paragraph 3, shall first veeify that the contractor is rousted by an appropriate general liability insurance po]icy of a Eorm an3 aiaount customarily held by persons operating such a licensed contracting business. Nothing hesein shall be deemed to constitute any Lat holder or user of the Roadway as an agent oL any other Lot holder or user and the rights and liabilities of the Lot holders and users of the Roadway shall be limited to those apecifica~ly set forth in this Roadway Vse and Maintehance Agseement and only for the puipases herein described. ld) Lien And Collection. Tn the event any Lot holder or other user s a ai eo pay his pro rata share of a proper expense for maintenance or repair of the Roadway within thirty (34) days after receiving a written notice of sucn expense, the amount df such expense and any costs and fees associated or related to the collection thereof, shall constitute a lien upon the property of the Lot holdor or user for whose benefit the Roadway 1a being utilized. Ohs lien for such expense may be foreclosed upon by an action initiated by any Lot holder or user oho shall have paid his own pro cats --tense. Actions to recover a money judgment for the unpaia expense ahnll 6e maintainable by any Lot holdor or user who shall have paid his pro rata Gxpenne without foreclosing upon or waiving the lien securing the payment of rife same. SLLLi, :oraclosuce action to collect the unpaid expense will be prosecuted in accordance with the provisions of Rawaii Revised Statutes, Chapter 667, as amended. Interest shall accrue at the rate of one and one-half percent (S.SOt) pot month, from and after the thirty-first (31st! day following the receipt of written notice of the expense by the Lot holder or user iiable therefor. In the event of any legal action to collect the expense, the prevnilinQ patty shell be entitled to recover his attorney's fees and coats of court. It shall be the obligation of the Grantor, as a condition of granting any right of access to or use of the Roadway to any other person, to obtain the agreement of ouch person i.n writing to bq bound by the terms and conditions of this Paragraph 3 of this Roadway Use and xaintenance Agreement, and such agreemcnc shall be recorded and noted on the document of title of such person for the property 'which receives the benefit of ouch access or use. Y SO'd O9£S 886 405 "~~+I 'S"d"S Zb~£i L6-80-L~~C ihrK-ex-S/ t,~04 w-KVM~C REALTY CORP ID%90E B373C PACE 9/9 from any and all claims, demands or causes of sciion vhich the Lot holder ha• or may have, whether arising in equity of !n ' law, for any injuries or damages which might be suffered or paid by the Lat holdar or nser arising from the use, ownership, control, design, construction, repair or maintenance of the Roadway and/or the improvements thereon or tbereef, and each Lot holder agrees to hold harmless and iadamnify the Gzantoz from any and all claims, demands, coats and tosses arising from such use, avnership, eontral, ea:iqn, construction, repair or maintenance by the Grantor, frog and after the date that the Lot holder shell havo accoptad legal or equitable to his Lat in the 'Kaaweloa Orchards Subdivision.` 6. Miscellaneous. (al Covenants To Run With Tha Land. All of the £eregoing terms, covenants, eondtrinns and restrictions shall run with and benefit the Lots, the Roadway and the easements appurtenant thereto and any deed, aeeegage, agreemene a! sale, ]ease or other document of eonveyano• of any right or ineerest in any Lot shall state that the [.ot desrrihwd in any such document is subject to this Roadway Use and Maintenance Agreemene. (b1 sever~abilit~~. Invalidity or unenforce- ability o£ any provision of'[Fis Roadway vsa and Maintenance Agreerent, in whole or in part, shalt not ailert the validity or enforceability of any other gcovision, or any valid and enforceable part of a provision, of this Roadway Use And Maintenance Agreement. (cl No Waiver. Failure to enforce any provision of Chese Berms, covenants, conditions and restrictions of this Roadway tlse and Maintenance Agtaement shall not operate a: a waiver of any such provision or of any other provision herein. (d) Benefit. This Roadway Use and Maintenance Agreement shall be for the benefit of and bind the Grantor and each and every Let holder of any Lot and any other person or persons who shall by contract agree to be bound this Roadway IIse and Maintenaneeagreea+ent or any part thezeof and shall be for the benefit of and run with the lands of such persons vhich shall in any way benefit from the terms and conditions h~TOef'_ (e) Inter retation, nodi£ieaelen and amendment. this >tOadway Use and Maintenance A9reeetene shall be interpreted, modified and amended in the acme manner as is provided Lor the interpretation. modiYicacion and amendment of. the Declaration to which this Agreement is attached. aooaR 6 LO'd 09£9 886 509 '~~I 'S'd'S Zb~F_T L6-BO-L^r •aef, -29-97 14:51 S.P.S. Ync_ Ei CD:~i 3'88 5360 P_03 ADDE'.1"DLTf A DRDA Qeference dated 2/2!/1997 Counter Offer dated 2!24/1997 Christopher 9orzie to: Frievalds S Allen '!'MK (3) B-L-9-3? (Lot 7-$) SPECIAL. TERMS C-67.L: Buyer understands and agrees to the follawi...,;c prazri.,inns, which shsll survive closing and msy be incorporated in the Deed: i! Seller or his assigns may continue to us~.~. Easemt~nc "WM-!" for maintenance of the present haliconia planting and ,rock a~c; Ll.. 2) ;ellar us hls assigns may, at a later r.i me, de~,re..lop Easement "A-5" to a ccunr+ standard road . _il Seller or hie ac3lgna may, at a latr:r tln~s~, seua~: ,o razene and or subdivide his och_r property makai ;downhill) of L~r, 7--13, 3uyer agrees to raise no obiuction to this, provided that Seller or F: LS asai,,ne .io not seer a lot size of les_ than 3 acres (or equivalent density; or: 'c. c;iaage the State Land Use deaige aCinu C.,,,,, ?ag.l~ul~u•e. 41 Ea~emant "aPf-2" is the locstion o.' the ~ rca< ~r- wzrheed utility line and this esseu:ent, nay be further developed £or u'l.~ll.it:y a.c r•rel1 as wall maintenance ar.d ?-snting screen purposes. 5) Ea~eaent ";]-5" may be used by Seller ar `i.s a: s.:g 1s to run an overhead utility lira from the existing utility linen c the poi.n- where L•asemznt ";:-5" intErsects Essement "A-5'". Th_e Line will n,., n~rraica~. I, uphill) o_° the er:isting m^rkey pod tree so that the tree may be. pzese,v~ed.c~ieh s minimum of pruning. Buyer': ir,.itlals Se11~r s initials Page L of 50!'i 988 5360 P - 04 `:aa}+-~~-97 14:51. 5.P.5. Inc. . r'K[LM rt; a rn;, F ec' r',=H. ra. C597 7 ~ ~&^t7 F i T9t71~ h"J. ?QE~ ;1~5 SLi.S'S. fP""24 ~eT1 Y7 ~+I7 ~'NtfM fLAIIR bjE71 T.71 QURe' tr,i~llOb~t9:i73W PACE 1.%: l,~fl,7~F.HDUft A fiaDA let'?~,npr.• ,I«ted 2/ZL/1l97 t;outtecc oCtre daT:st( 2/za/19y7 ~priseapher NetYa.e roe Trrxrvlds Allen Iii (31 B~-f-9~-az (Lac 'f-X) ~Tlt. S6xH5 C..d7.7; Oq ~r wr•l...rww.ir w.J .yam...-.. r.. .L.. Lr,4n~r~i.w w°..•_~a....-, -ni.~t. .iv if ....w.1.~ rioli.ri! ,wd seep' bt inrospurrrad lµ CLr ;Drl+lll: ~3 trllar er his arol,~nr ~ eeeritwe trr aov gx.rmvat '"KK.-i" for m,.tnLanane^ of the prtrant b4,iieoaia pxanting Aad ro~r'Ic wow11„ Gsuer OY 4ia werip~7t9 say, rt r x1.t^osF' t3m4„ ila~twloD Ieaewwat "d-j^ C~ • cotmcy `stad~st.t egad 3} lallrr es 4Sr assigns iusyt At s ZACrr tLu., rack rv resono and or eubaivid• I+ie OCLar prnpercp wakai Cdueahill} nd' Lvi: 7-•S. :fuY1r agrere rp raisr ro orlrakia" sn Cpir, proridrd Chiee lwllex i;rc hia a~esllae? do npt eeef • loc sirs of lets ehra ;fires (oTr agwtralrae lrar:Cs~r). ex' tl~o ehra`r tha sreta Land Qea daripyntluo brow Qp~~ttil.tuxe. 4) Wteararatt "W!s-2^ i,s =hr lecrtiop of tl:r~ prrsc~r~c crovrheid uetlity ].ins aad this aa.rrarnc sap be Eo!llur davrlepeA fisrr ut:Cl~r;r iu ve]1 re ws11 sairtenaace attd pl~act/.al aatarn eurporer. 3) Earamwc "v-'~" soy b• used by 9e12rt• wd ~dm ITS~~itcs eo zaa as ovsrIIaad uLiLitp I1tiR isaa Cbe aoeistlog ~~tiliep ]~i.eu to tiu• polar vhsrt f~asr:aent "U-5" ~aterasels ftssrarat "A-3". This Ifne Vila: tVtl Uar!,tfG? (uphill} of Cha asietias scnkep pad Clai eo e]1st the trop may De permsrrred viRF~ a siatswe ai prusing. ~i ~ yV r' 8 ili~al3(r s Sniti r 1 Yagr 'i o;~ ~~~:!Fr-29-97 14:52 S.P.S. Inc. Li CF:.i 988 5360 P_05 • , _ CONTHAv^'I'UAL AGRELfiIJ•NTS 'rtiAT ~IiV:V~:'~ ail"!tiir51 Yli tttS(iAHJ! fll'r LOT E,•^ 3 i'}Ii.S'~ AGRP.;i::A}E'd'T, betwoeti (•i„•i:tnl,her iior.ri¢:, Cr~.tnLor, and Eric nd 1?lizaheth Curt La and Robert and At:r~t 'rr'atg;l'i^.r! Grantees, So a i':':SOn~sl +:nnt,rnri, between the partiaa ~,L,.:;,, huv~+r~nl.ttg varicus ~,rcp?rty lrtterr'sts concerning Lot ',-}3 qnd the adjacent )>rupertie::. Ln conai.derstion of the sale of Lt- , L._7.i, it is agreed as follows: 1. The terms of this rreeme,tt shall survLve c1.oslr,}-t. k'. P,ric anc P;lizsbeth Crt3S;is t;i.L~ )proceed in good i ati.th tr, build a home un the proper t,p~', e.ud i;hr; Grantees ,rill no* WsrkriL or sell the Lot withic one yer.r o'd" ~;;.otaing. It is understood t}rat th:~ Grtintor may at a later tune develop iris land makai of L, r, t>-l ¢tnd that this _ie:elopment lay req+aire the ;videnir:r,;; ai:d e:aension of a Suhdiviaiun road along Lot 6-B trithii.. t:ac rruscamenLs (A-5 and :at slnpe; retained for that purpq;se. i,. The Grantees agree that, th~ny ~,ril__ not raise any !bjectior. to the furthor deveiupment uf" i,hs Grantor's land ~'akai at ary t~ounty hearing or oth~:r ;;ov+ernnent procedure, urovided that the land is maintained as .n Agricultural area and is ;tot bruACn into lots less than tw+: acre, in size. The Grantees acknowled;~a: nat}.c:~~ that ;.he State hig} wuy Pxtenslon from }iolualoa to ~ cps. lla~; ne.y pass over or near Lot 6-S. f;. Grantnr grants Gz•3ntee; a ravacable license to ~ree a small. e.trlp of Land on Lct 7-3 het~.es~n the boundary of Lc,tc 6-ri and '7-B and the sout}terly edge of th,:r cc;mmon. driveway. :iy Zc;c~pr,ing this license, ±,he Gran rtfr:a ±o raintain the ian~l ~t, their aide oi' th~~ driveway. T1::~ G:ren'.«e~ furt`ter agree that t}tlr' ace shrill- in r.o way be groom}:, for :.ny clam to tiCle „f tn;.s ~tri.p by means of adverse posse;; :,i.cti. '7. There is a te^Fporary °h.n:_rr a+,ross the common driveurly }rich runs nn the flag of Lci. c-•F] ;:nd Basement A-7. 'Lra :;rantuoa :,pa,:ifi~_n11y +s~rrre and ur.~9.errstarc ttttit this chain i. Lc be used only b,v r~utual censsnt, or :,r;,n;cr and Grantee, -s;,:i '.hat it La no way abreeate~, the acc©ss easements frartLcularly A•-5; tvnirh have ha«n r~t;si.re.:: by the Grantor. Gra ttur retains the right to remove err'. d .:ha n and t}te pcl« +.o wt:ir,Y, it is attrtched at an,y t' me. GrF_l:l pr aa:. Grantee may at a suture '.i:ae by mutual ste.ent egr~o h,Q r l:lr.,ce s±r;ri chair, Witt: a ;nar.ua:_? cr electrlcal.l;,v operate:i oa'•:- Geri : e~: guidolinea fur it•a +.+se or to :'eavo the passage open. u-i:~~r~-29-57 24:52 S.P.S. Inc. 50!i 988 5360 P-06 • r• vu ....y.. uw., .i y~ r~.IV y.au I.uM Vi L.,.ViVIIU ~V. ~Mrru Orchards Subdivision, Grantor approv•:ps thr:> ~-ocatiotl•'LLof the primary resideneo for Lot 6-B as set a_~t an I::he attached sketch :dated 2/24/88r and by so doing make<: said location a part of the covenants described above. 9. Thp Grantees acknawled;r:. r~:ce~..pt and review of a real e:;tate disclosure form prepared b;>~' Sralw;rn E:es1y and sign4d by Grantor. 10. Grantor shall pramptl;y pay ai.n;y roll back taxes that may be assessed by the County of 71,:r.we.'..i ~r:>n Lot 6-5.. 11. Thi9 is tho entire agrle:;~ment the parties that survives cll~sing. A11 other provia:ons a:,d r..egotiations are merged in the Deed. 12. Ae this is a persona:.. c:anl:~rrtct, the parties hereto agree that it shall not be reccrc:.e~i in the chain of title. I,~ WITi~ESS W[dEitEOF, Lhe parties have en't.e.red into this agreement on the day of 198$. Signed. Christopher Norrie, Grantor Eric rtia, Grsntaa ~~1~1~' G tyrs-s.~ Eliza eth Curtis, Grantee ir { ~~~~.n-.Ci;t C L7~-?~"~-tre•i 7_'.'~'.t.e..t.t~.lpr„ Robert Wagner, Gran Le r- nnna Wagner, Gr ntee ~