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3 <br /> L <br /> 41 <br /> WHEREAS,pursuant to conditions of Special Management Area permit No. SMA 18- <br /> 000069, approved on January 16, 2019,the Grantor was required to submit a grant of easement <br /> to the County of Hawaii for pedestrian and vehicular public access along the makai property <br /> boundary to align with the historic Ho`ea Road(Site 30911), and to submit an archaeological <br /> mitigation plan to the State Historic Preservation Division(SHPD)pursuant to the findings of a <br /> 2018 Archaeological Inventory Survey performed previously for the Property; and <br /> WHEREAS, SHPD approved in a letter to the Hawaii County Planning Department <br /> dated August 25, 2020, a preservation plan titled"Final Archaeological Site Preservation Plan <br /> Site 50-10-2-30911 —The Historic Ho`ea Road TMK: (3) 5-5-006:010, Kealahewa 2 And 3 <br /> Ahupua`a,North Kohala District, Island of Hawai`i,"prepared by Haim &Associates dated <br /> August 2020 (the"Preservation Plan"), the terms of which are hereby incorporated herein by this <br /> reference; and <br /> WHEREAS, the Preservation Plan provides for the preservation of a portion of the <br /> Historic 1-16`ea Road, Site 50-10-02-30911 (the"Site") and that"appropriate cultural use" and <br /> preserve "as is"is the prescribed use for the site; and <br /> WHEREAS, the spatial footprint of Easement 137 of the Agreement, spatially <br /> corresponds to the Site of preservation and encompass the preservation area desired by the <br /> County; and <br /> WHEREAS, the Easement dually fulfills permit conditions for public access and <br /> preservation, the Grantor and the County of Hawaii agree to be bound by and to encumber the <br /> Property by recordation of the Grant of Public Access and Preservation Easement, attached <br /> hereto as Exhibit 1, at the Bureau of Conveyances and the Land Court of the State of Hawaii; <br /> now, therefore, <br /> BE IT RESO'VED BY THE COUNCIL OF THE COUNTY OF HAWAII that, in <br /> accordance with Article XIII, Section 13-12 of the Hawaii County Charter that the County of <br /> Hawaii accepts the Grant of Public Access and Preservation Easement as described and <br /> delineated in Exhibit 1 attached hereto. <br /> 2 <br />