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<br /> <br /> <br /> <br /> <br /> <br /> <br /> CARLSMITH BALL LLP <br /> A LIMBED LIABILITY LAW PARTNERSHIP <br /> Ass TOWER SUITE 2200 <br /> 1001 BISHOP STREET <br /> HONOLULU, HAWAII 96813 <br /> TELEPHONE 808.523.2500 FAX 808.523.0842 <br /> W W W.CARISh=.COM <br /> D1RECr DIAL NO. TLUIKWAN@CARLSMITH.COM OUR REFERENCE NO.: <br /> 808.523.2511 024248-9 <br /> <br /> <br /> August _ 2006 <br /> <br /> <br /> <br /> Ms. Zelma O. Swanson, Assistant Vice President <br /> Commercial Escrow Officer <br /> First American Title Company <br /> 1177 Kapiolani Boulevard <br /> Honolulu, Hawai'i 96814 <br /> Re: Irrevocable Escrow Instructions for the Recordation of the Declaration of Restrictive <br /> Covenant: Declarant: Captain Cook Ranch LLC: TMK No. 3/ 8-2-002: parcels 2 & 56 <br /> <br /> Dear Ms. Swanson: <br /> <br /> My law film represents Captain Cook Ranch LLC (hereafter "CCR" the owner of the <br /> above-referenced parcels of land situate at Kealakekua, District of South Kona, County, Island <br /> and State of Hawai'i (the "Properties") that are further described in Exhibit "A" of the <br /> Declaration of Restrictive Covenant attached as enclosures to these instructions. Please consider <br /> this CCR's irrevocable instructions for the recordation of the attached executed Declaration of <br /> Restrictive Covenant contingent on the action by the Hawai'i County Council by November 30, <br /> 2006 as described herein below. <br /> The Hawai'i County Council is considering an amendment to the Hawai'i County General <br /> Plan that would change the Land Use Pattern Allocation Guide (LUPAG) map designation for <br /> those portions of the Properties encompassed by the proposed change (Item F-2) to `Rural' as <br /> this designation is consistent with the State Land Use `Urban' District classification and the <br /> Properties' current 'Residential Agricultural - 2 acre minimum' (RA-2a) county zoning. <br /> Concerns have been raised that the proposed change of LUPAG map designation to 'Rural' could <br /> be used as a basis for future rezoning of the Properties to a County zoned district category <br /> allowing a greater density than the current RA-2a zoning. <br /> Councilmember Virginia Isbell has asked the landowner in an earlier public meeting to <br /> consider imposing a covenant restricting future up zoning of the affected Properties as a means <br /> of addressing these concerns. CCR wishes to assure the Council that no rezoning of the <br /> <br /> <br /> HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN LOS ANGELES t <br /> Comm.l~a. {~I <br /> Ref. To: <br /> Ref. Date AUG 2 3 2006 <br />