RES 500 Draft 01 2024-2026 - Laserfiche WebLink

Home

and incorporated by reference herein, by recordation of this Grant of Public Access Easements in the Bureau of Conveyances of the State of Hawaii. WHEREAS, Ordinance No. 05-50, effective April 18, 2005, changed the district classification of the Project, from Village Commercial (CV-10), Limited Industrial (ML-200), and General Industrial (MG-5a) to Single Family Residential (RS-20), Condition D under Ordinance No. 05-50 provides that the Grantor "submit the applicable public access easement or declaration documents to the Planning Director for recordation at the Bureau of Conveyances within I80 days of the effective date of this ordinance." Condition D further provides that Grantor provide one additional public vehicular access and a parking area sufficient for a minimum of four (4) vehicles at the location south of the former Pepeekeo Mill Site in the approximate area known as "Iron Post." WHEREAS, pursuant to Section ILC of the Settlement Agreement for Board of Appeals and Subdivision of Continental Pacific, LLC Lands entered into by and between Grantor and Grantee on April 12, 2002, the recordation of the Grant of Public Access Easement at the Bureau of Conveyances of the State of Hawaii shall constitute full and final compliance with all public access requirements for the Project of Section 46-6.5, Hawaii Revised Statutes (HRS), Chapter 205A, HRS, Chapter 343, HRS, Ala Loa and Ala Rahakai, Condition D of Ordinance No. 05-50, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access; Usage. WHEREAS, Special Management Area Use Permit No. 449 was issued by Planning Commission on October 15, 2004, to allow for the development of Bulk Lot 88 into an 11 agricultural lot subdivision, being Lots 71 to 81, inclusive, being further identified as TMKs: (3) 2-8-08:127 to 137, inclusive, and this Grant of Public Access Easements shall fully satisfy the requirements of Condition No. 16, which require that Grantor "and its successors, including future lot owners' community association, shall maintain pedestrian public access easements in walkable condition (for example, by periodic mowing) and the parking easements so that vehicles can park." The pedestrian public access easements and parking easements under Special Management Area Use Permit No. 449 are identified as pedestrian public access easements P-8, P-10, P-15-A and parking casements P-7, P-9 and P-19. Parking easements P-7, P-9 and P-19 are recorded in the Second Amended and Restated Declaration of Vehicular and Parking Access Easements. -3-