RES 449 Draft 01 2004-2006 - Laserfiche WebLink

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r c. Connectively between the lateral pedestrian access of the subject property and the adjacent properties to the north and south; and d. Location and description of existing and proposed public access signage cleazly indicating the public access to and along the shoreline. NOW, THEREFORE, The Declarant hereby declazes and the County agrees to accept the following perpetual non-exclusive easements for pedestrian public access over, upon, across and through the Property (the "Public Access Easements"), which shall be appurtenant to, and shall run with the land of the Property as further described hereinbelow in Exhibit A and depicted on Exhibit B. I. DECLARATION OF EASEMENTS Declazant further declazes, and the County hereby acknowledges and accepts, that the Property, which is encumbered by one or more of the Public Access Easements designated herein, shall be held, sold, conveyed, encumbered, leased, occupied and improved, subject to the limitations, restrictions, easements, covenants and conditions set forth in this Declaration, all of which are established, declazed and agreed to be for the purpose of enhancing and protecting the value, desirability, attractiveness or usefulness of public access to the ocean, shorelines and/or mountain areas through the Property, as applicable. These limitations, restrictions, easements, covenants and conditions shall run with the land and shall be binding upon all persons having or who acquire any right, title or interest in and to any of the Property which is encumbered by one or more of the Public Access Easements designated herein (regardless of whether any provision of this Declazation specifically so provides), and shall inure to the benefit of the County, but only to the extent expressly provided herein. Notwithstanding anything contained in any deed, agreement or other instrument to the contrary, the Public Access Easements set forth herein may only be amended by written agreement of the owner(s) of the affected Property and the County. The public shall have use of the Public Access Easements solely for the purpose of accessing the appurtenant public pedestrian access easements as described hereinbelow and as further depicted on Exhibit B: 1. A ten (10) foot wide easement for mauka-makai pedestrian public access purposes over and through the Property beginning at Alii Drive, and down through the Kona Inn Shopping Village Complex to the low rock wall along the shoreline affecting Lot 2-A and Lot 1 as shown on Map 3 of Land Court Application No. 975 and Map 1 of Land Court Application No. 1547, as more particulazly described in Exhibit A and as depicted on Exhibit B, attached hereto and incorporated by reference herein; 2. A ten (l0) foot wide easement for lateral pedestrian public access purposes from the southern end of the Property to the northern end of the Property affecting Lot -3-