RES 041 Draft 01 2008-2010 - Laserfiche WebLink

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r Any portion of the Mamalahoa Highway Bypass or Haleki'i Street Extension that is not described or delineated in Exhibit "A" or Exhibit "B" is excluded from the easement area and is not available to the Grantee or to the general motoring public's use for the purpose of this grant of non- exclusive easement, except as provided in paragraph 28, below. The Grantee shall hold the easement as a municipal corporation and in such capacity shall hold this non-exclusive easement for the use and benefit of the general motoring public, to be used in common with the Grantor, Hokuli'a lot owners, their respective employees, invitees, guests and contractors and others designated and authorized by the Grantor, SUBJECT, HOWEVER, TO the following limitations, prohibitions, restrictions, conditions, covenants, promises and other assurances, each of which is material to this grant ofnon-exclusive easement: 1. Permitted Use. The Grantee shall be entitled to let the general motoring public use the easement area for throughway vehicular access on, over and through the easement area (with no parking or stopping, except for mechanical breakdown or other emergencies, on shoulders or other portions of the easement area), subject to all of the limitations, prohibitions, restrictions, conditions, covenants, promises and other assurances contained in this grant of non-exclusive easement, which use the , Grantor may withhold, suspend or terminate in accordance with the provisions of Paragraphs 5, 6.d, 15 and 19, below. 2. Authorized Vehicles and Forms of Transport. All vehicles and forms of transport shall be allowed to use the easement area 7