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Continental and the County shall stake this lateral shoreline access <br /> easement within six (6) months from the issuance of final subdivision <br /> approval for the lots affected by the subdivision. In determining the <br /> final locations of the trails and access points, the parties agree to be <br /> guided by the following principles: the goal is to establish public <br /> access that provides safe and feasible pedestrian access to the <br /> shoreline and along the coast with a minimum of site improvement. <br /> Where vehicular access is specified, the route should follow the <br /> existing roads. Where the public access crosses gulches, there must be <br /> a safe,feasible route to get from one side of the gulch to the other. <br /> Where the public access runs along the top of the sea cliff, the route <br /> should be close to the cliff, but not so close that it is hazardous. If <br /> portions of the sea cliff erode away, destroying the trail or making it <br /> hazardous, the trail must be relocated to a safe location in the <br /> immediate vicinity. Where the trail goes along the top of the sea cliff, <br /> there shall be spur trails to permit pedestrians to go down the sides of <br /> the cliff at locations where it is safe to do so. These will be at locations <br /> traditionally used by surfers and fishermen. In general, the trails will <br /> following field roads or existing paths where possible. Where the trails <br /> do not exist on the ground in the area of the desired lateral public <br /> access, Continental has no obligation to make trails, except that <br /> Continental shall initially grade the mauka-makai pedestrian <br /> easements sufficient for foot traffic." <br /> September 16,2004 - Special Management Area Use Permit No. 449 (SMA 03-016)was <br /> approved by the County Planning Commission,which covered TMK No. (3) 2-8-7: Portion of 1, <br /> and identified public access pedestrian and parking easements which provided various <br /> "conditions", including: <br /> "Condition No. 16. The applicant and successors, including future lot owners' <br /> community association, shall maintain pedestrian public access easements in <br /> walkable condition (for example,periodic mowing) and the parking easements so that <br /> vehicles can park. " <br /> September 16,2004 - Special Management Area Use Permit No. 450 (SMA 03-009)was <br /> approved by the County Planning Commission,which covers TMK No. (3) 2-8-008: portions <br /> 104,portions 95 and portions 3,providing various conditions, and reiterate verbiage, including: <br /> "As a result of the related Settlement Agreement, there is a mauka-makai lateral <br /> coastal access, therefore the project will not restrict access to coastal recreational <br /> resources along the shoreline. <br /> Condition No. 3. The project, including the provision ofpublic access to and along <br /> the shoreline, the limitation of number of dwellings to one per lot and provision of <br /> water to the lots, shall be completed in substantial compliance with the Settlement <br /> Agreement dated April 12, 2002. <br />