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• <br /> the land, fast or submerged; provided, that "minerals" shall <br /> not include sand, gravel, rock, or other material suitable !or <br /> use and used in general construction in furtherance of the <br /> Patentee's permitted activities on the land and not for sale to <br /> others. <br /> (2) All surface and ground waters appurtenant to the <br /> land and the right on its own behalf or through persons <br /> <br /> _ authorized by it, to capture, divert, or impound the ,same and <br /> to occupy and use so much of the land as may be required in the <br /> exercise of this right reserved. <br /> (3) All prehistoric and historic remains found in, <br /> on, or under the land. <br /> Provided, however, that as a condition precedent to <br /> the exercise of the rights reserved in Paragraphs 1 and 2, just <br /> compensation shall be paid to the Patentee !or any o! Patentee's <br /> improvements taken. <br /> AND THE PATENTEE, for itself, its successors and <br /> assigns, covenants with the State of Hawaii, and its successors <br /> as follows: <br /> A) The use and enjoyment of the land herein granted <br /> shall not be in support of any policy which discriminates <br /> against anyone based upon race, creed, sex, color, national <br /> origin, religion, marital status, familial status, ancestry, <br /> physical handicap, disability, age or HIV (human <br /> immunodeficiency virus) infection. <br /> B) The use of the land shall be in combination, <br /> consolidation, or otherwise with other abutting lands owned by <br /> the Patentee and shall be used in accordance with the <br /> appropriate zoning and subdivision ordinances of the County of <br /> Hawaii. <br /> C) The water pipelines with the roadways shall be <br /> under the control and management of the Water Commission of the <br /> County of Hawaii. <br /> D) Should the roadways herein granted be vacated, <br /> closed, abandoned, or discontinued, disposal of same shall be <br /> in accordance with the provisions of Section 264-3, Hawaii <br /> Revised Statutes. <br /> -3- <br /> <br />