RES 380 Draft 01 2008-2010 - Laserfiche WebLink

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GRANT OF PEDESTRIAN PUBLIC ACCESS EASEMENTS THIS INDENTURE is made this c day of 'Tub , 20 tO, by and between SUNSTONE REALTY PARTNERS V, LLC, a Hawaii limited liability company, whose mailing address is Pauahi Tower, 1001 Bishop Street, Suite 1240, Honolulu, Hawaii 96813, hereinafter called "Grantor ", and the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called "Grantee ". WITNESSETH: WHEREAS, Grantor is the developer of that certain real property being the subdivision of Lot 9 of the Kona Sea Ranch Subdivision, Increments I and II, being a portion of Grant 1725, into Lots 1 to 18, inclusive, and Lot R -1 roadway, situate at Kukuiopae 2 " District of South Kona, County and Island of Hawaii, and State of Hawaii, as created under Subdivision Nos. SPH -05- 000006 (Increment I) and SPH -05- 000007 (Increment II) approved by the County of Hawaii Planning Department on July 7, 2006 (collectively the "Project "), subject to the provisions of the October 27, 2005 Planning Department letter which provided that a formal grant of easement document in favor of the County of Hawaii for these public access easements; WHEREAS, pursuant to the provisions of Hawaii Revised Statutes ( "HRS "), Section 46 -6.5 relating to Public Access, the County of Hawaii has adopted Hawaii County Code, Chapter 34 (Public Access), which provides for implementation of public access over private property in appropriate locations to the ocean, shorelines and mountain areas by requiring dedication of land for such public rights -of -way by fee or easement as a condition precedent to final subdivision approval or the issuance of a building permit for a multiple - family development where adequate public access is not already provided, including provisions requiring the County of Hawaii to be responsible for all improvement costs, liability and maintenance issues; WHEREAS, in order to assure that public access is provided within the Project to and along designated shoreline access areas, the Grantor and the Grantee hereby agree to be bound by, and to encumber the real properties being TMKs: (3) 8 -7- 011:001, 025, 026 and Roadway