|
County of Hawaii to be responsible for all improvement costs, liability and maintenance
<br /> issues.
<br /> WHEREAS, in order to assure that public access is provided within the Project to and
<br /> along designated shoreline access areas, the Grantor and the Grantee hereby agree to be bound
<br /> by, and to encumber the real properties identified and depicted on Exhibit A attached hereto
<br /> and incorporated by reference herein, by dual recordation of this Grant of Public Access
<br /> Easements in the Bureau of Conveyances of the State of Hawaii and filed in the Office of the
<br /> Assistant Registrar of the Land Court of the State of Hawaii.
<br /> WHEREAS, pursuant to Kohala Corp. v. Kamoe, et al.; Civil No. 5466, Circuit Court
<br /> of the Third Circuit, Surety Kohala Corporation v. Rickard, Civil 00 -1 -0474, Circuit Court of
<br /> the Third Circuit, and Section B of the April 4, 2002 Settlement Agreement for Board of
<br /> Appeals No. 01 -25 and Subdivision Application No. 2000 -209 (SUB -7598) of applicant
<br /> Surety Kohala Corporation, entered into by and between Surety Kohala Corporation, a Hawaii
<br /> corporation, Grantor's predecessor -in- interest, and Grantee, the recordation of this Grant of
<br /> Public Access Easements at the Bureau of Conveyances of the State of Hawaii and filed in the
<br /> Office of the Assistant Registrar of the Land Court of the State of Hawaii shall constitute full
<br /> and final compliance with all public access requirements for the lands of the Project of
<br /> Section 46 -6.5, Hawaii Revised Statutes (HRS), Chapter 205A, HRS, Chapter 343, HRS, Ala
<br /> Loa, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning
<br /> Department Rule 21 relating to Public Access: Usage, provided however, that if any of the tax
<br /> key parcels identified in Exhibit A attached hereto are proposed for subdivision or other uses
<br /> and activities proposed in the Special Management Area, the County may require further
<br /> public access over the Project tax key parcels subject to those requirements.
<br /> NOW, THEREFORE, Grantor and Grantee agree as follows:
<br /> THAT THE Grantor, for and in consideration of the sum of TEN AND NO /100
<br /> DOLLARS ($10.00) paid by Grantee, the receipt whereof is hereby acknowledged, and in
<br /> further consideration of the covenants and conditions herein contained by Grantee to be
<br /> observed and performed, does hereby bargain, sell, assign and grant unto the said Grantee,
<br /> and its successors and assigns, perpetual and nonexclusive right and easement in, upon,
<br /> through, over, under and across portions of the Project for vehicular and pedestrian public
<br /> access purposes as depicted on Exhibit A, including without limitation, the construction,
<br /> - 3 -
<br />
|