RES 231 Draft 01 2008-2010 - Laserfiche WebLink

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Highway Bypass and easterly (mauka) portion of the Haleki`i Street Extension for their own, respective uses and intend to maintain such uses without interruption, interference or hindrance resulting from the general motoring public's use of the northerly portion of the Mamalahoa Highway Bypass and easterly (mauka) portion of the Haleki`i Street Extension; and WHEREAS, the Grantor is willing, for the benefit of the community, to accommodate the Grantee's desire to provide for safe and efficient traffic movement in the North Kona and South Kona region by granting to the Grantee anon-exclusive easement for the use of the northerly portion of the Mamalahoa Highway Bypass and easterly (mauka) portion of the Haleki`i Street Extension, as described in greater detail in the attached Exhibits, and free of compensation, subject, however, to certain limitations, prohibitions, restrictions, conditions, covenants, promises and other assurances set forth below; and WHEREAS, pursuant to Ordinance Nos. 08-58, 08-59 and 08- 64, this non-exclusive grant of easement is intended to be for a temporary, trial period, with an initial trial period of 180 days, and includes reporting provisions for the Grantor, the Grantee and the County of Hawaii County Council's evaluation as well as provisions for possible renewals of this non- exclusive grant of easement, now; therefore, WITNESSETH: The Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged and for the limitations, prohibitions, restrictions, conditions, covenants, promises and other assurances contained in this grant ofnon-exclusive easement and on the part of the Grantee to be observed and performed (and on the part of the Grantee to cause the general 4.