COM 0092.029 2004-2006 - Laserfiche WebLink

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the shoreline area, the County acknowledges that the lateral access may not be continuous in these locations. 4. Designation of easements on subdivision map: The pedestrian public access easements (mauka-makai and lateral) described in this Agreement shall be entered on the final subdivision maps as easements in favor of the County of Hawaii. 5. The various vehicular and pedestrian public access easements described herein shall not be officially open to the public until easement documents have been accepted by both parties and the easements conveyed to the County. Enactment of rules governing the use of the public accesses pursuant to Chapter 34, Hawaii County Code, shall also be a condition precedent to the official opening of the public accesses. Public access to the shoreline at the Makai Lands shall be open between 6:00 a.m. to 6:00 p.m., seven days a week. Access for night fishing past 6:00 p.m. shall be allowed pursuant to a permit or registration system approved by the County. 6. The descriptions of the public access easements on Exhibit A are the parties' best efforts to describe the locations of the desired public access easements. The parties agree that the exact locations of some of the trails in question must be physically located on the ground and cannot be exactly specified on maps at the present time. The lateral shoreline access shall be designated on the subdivision map(s) as an easement for lateral shoreline access, 10 -feet wide, approximately 25 -feet mauka from the edge of the cliff, or within the makai-most cane haul road, whichever is closer to the cliff edge, unless physical constraints preclude such location. Continental shall survey, and Continental and the County shall stake this lateral shoreline access easement within six (6) months from the issuance of final subdivision approval for the lots affected by the subdivision. In determining the final locations of the trails and access points, the parties agree to be guided by the following principles: the goal is to establish public access that provides safe and feasible pedestrian access to the shoreline and along the coast with a minimum of site improvement. Where vehicular access is specified, the route should follow the existing roads. Where the public access crosses gulches, there must be a safe, feasible route to get from one side of the gulch to the other. Where the public access runs along the top of the sea cliff, the route should be close to the cliff, but not so close that it is hazardous. If portions of the sea cliff erode away, destroying the trail or making it hazardous, the trail must be relocated to a safe location in the immediate vicinity. Where the trail goes along the top of the sea cliff, there shall be spur trails to permit pedestrians 9 2019077.1.054151-00002 4/12/2002 t3:11