RES 231 Draft 01 2008-2010 - Laserfiche WebLink

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WHEREAS, as part of the Hokuli`a project, the Grantor constructed a roadway that is currently privately-owned and that is commonly referred to as the northerly portion of the Mamalahoa Highway Bypass and also constructed an extension of Haleki`i Street in a generally westerly (makai) direction from Haleki`i Street's current public, westerly (makai) terminus, which extension is currently privately-owned and is commonly referred to as the Haleki`i Street Extension; and WHEREAS, the Grantor owns the northerly portion of the Mamalahoa Highway Bypass and the Haleki`i Street Extension and the land underneath said roadways, but has not completed construction of all improvements or installation of all equipment, appliances, devices or signage necessary for such roadways; and WHEREAS, the Grantor, pursuant to certain of its development entitlements, will, upon their completion, dedicate the Mamalahoa Highway Bypass and portions of the Haleki`i Street Extension to the Grantee at some future date in accordance with existing change of zone and development agreement conditions; and WHEREAS, in order to provide for safe and efficient traffic movement on public roadways in the North Kona and South Kona region, the Grantee wishes to obtain from the Grantor a conditional, temporary and non-exclusive easement over the northerly portion of the Mamalahoa Highway Bypass generally illustrated in Exhibit "A" attached hereto and over the easterly (mauka) portion of the Haleki`i Street Extension generally illustrated in Exhibit "B" attached hereto; and WHEREAS, in order to provide for safe and efficient traffic movement on public roadways in the North Kona and South Kona region, the Grantee intends to use the rights that it would acquire under such an 2