COM 1056.001 2004-2006 - Laserfiche WebLink

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DECLARATION OF PUBLIC ACCESS PEDESTRIAN EASEMENTS This Declaration of Public Access Pedestrian Easements ("Declaration") made this day of 2006, by KAILUA KONA VILLAGE DEVELOPMENT GROUP, LLC, a Hawaii limited liability company, whose mailing address is 75-5744 Alii Drive, Suite 286, Kailua-Kona, Hawaii 96740 (hereinafter referred to as "Declarant"), and the COUNTY OF HAWAII, a municipal corporation, with its principal place of business and mailing address at 25 Aupuni Street, Hilo, Hawaii 96720 (hereinafter referred to as "County"). RECITALS: WHEREAS, Declarant is the owner in fee simple of those certain parcels of land being 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, and portion of Land Commission Award 7630, Apana 1, situate at Keopu 3rd, Honuaula 1st and Hienaloli 1st, District of South Kona, Island, County and State of Hawaii. The Kona Inn Shopping Village Complex is located makai of Alii Drive between Hulihe'e Palace (to the north) and the County's Hale Halawai Park (to the south) on approximately 4.077 acres and consists of resort, commercial and office buildings (hereinafter referred to as the "Property"). The Property is developed and being used pursuant to the original and any future zoning and uses accessory thereto. WHEREAS, in order to assure that pedestrian public access is provided within the Property to and along designated shoreline access areas, the Declarant and the County of Hawaii hereby agree to be bound by, and to encumber the Property described in Exhibit A and as further depicted on Exhibit B attached hereto and incorporated herein by reference, by recordation of this Declaration in the Bureau of Conveyances and the Land Court of the State of Hawaii. WHEREAS, Special Management Area Minor Permit No. 178, was approved by the Planning Department on February 15, 2005 to allow for the construction of a new outdoor seating lanai as an addition to the existing restaurant situated at the northern end of the Property. Condition 4 provides that: 4. Prior to submittal of an application for Plan Approval, an updated Shoreline Public Access Plan shall be submitted to and approved by the Planning Director. The Shoreline Public Access Plan shall include, but not be limited to the following: a. A recorded easement providing a lateral pedestrian walkway mauka of the seawall and not less than 10' in width along the entire shoreline of the subject property; b, A recorded easement providing at least one 10'-wide pedestrian access through the subject property between Alii Drive and the shoreline; -2-