Rules for land bought with county conservation funds

A. The grant agreement to the land conservation organization must contain provisions in substantially the following form: 1. "Title to or other interest in the property acquired by the grantee with funds wholly or partially provided under chapter 3.88 , Maui County Code, must be held in perpetuity by the grantee unless conveyed to the County of Maui or another qualified land conservation organization or agency approved by the Maui County Council by resolution." 2. "The grantee must 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 must be incorporated into the director of finance's next quarterly report to the council. Quarterly reports will be provided to the County as specified in the perpetual conservation easement." 3. "If the grantee dissolves, title to or other interest in the property must be conveyed to the County of Maui or to another qualified land conservation organization or agency approved by the Maui County Council by resolution." 4. "Under subsection 3.88.070 (B), Maui County Code, the grantee must convey to the County of Maui at closing a perpetual conservation easement, if the grantee receives fee simple title to the property." 5. "The property may not be sold, exchanged, divested, or converted to other uses that are inconsistent with the purposes in the conservation easement without the prior approval of the Maui County Council by resolution." 6. "The grantee must not mortgage, hypothecate, or pledge any portion of the property without the prior approval of the Maui County Council by resolution." B. If the land conservation organization receives fee simple title to the property, the land conservation organization must convey to the County, at closing, a perpetual conservation easement. The easement must contain, among other things, restrictive covenants in substantially the following form: 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 or interest in this property must be conveyed to the County of Maui or to another qualified land conservation organization or agency approved by the Maui County Council by resolution." 2. "The general public must be allowed reasonable access to this property, with access limited or controlled for cultural and environmental resource protection and public safety." 3. "This property must be managed for land conservation purposes only and may not be converted to other uses except as approved by the Maui County Council by resolution." C. The escrow company used to complete the closing of the subject property must 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 must be instructed that the conservation easement must be recorded before, or at the time of, closing. ( Ord. No. 5744 , § 2, 2024; Ord. No. 3723, § 2, 2009; Ord. 3155 § 2 (part), 2004)