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JN SV OF COUNTY OF HAWAII STATE OF HAWAII =rJ • ••1' •j, M'�'` RESOLUTION NO. 389 10 RESOLUTION ACCEPTING THE GRANT OF PUBLIC ACCESS PEDESTRIAN EASEMENT FROM NORTH COAST KOHALA LLC, TAX MAP KEY (3) 5 -5- 007:037 WHEREAS, North Coast Kohala LLC, a Virginia limited liability company, (hereinafter "Grantor ") is the owner in fee simple of that certain parcel of land being Lot 301, also being Lot 305, as shown on Map 68, Land Court Application No. 1120, and being further identified as Tax Map Key No.: (3)5 -5- 007:037 (hereinafter the "Property "); WHEREAS, pursuant to Section B of the April 4, 2002 Settlement Agreement for Board of Appeals No. 01- 000028 and Subdivision No. 2000 -72 of applicant Surety Kohala Corporation, entered into by and between the County of Hawai`i and Surety Kohala Corporation, Grantor's predecessor -in- interest, Grantor shall provide a ten -foot wide pedestrian public access easement in favor or the County of Hawai'i across the makai boundary of the Property; WHEREAS, final subdivision approval for Subdivision No. 7643 was approved on May 8, 2003 providing an "Undetermined ten -foot wide easement for public pedestrian access purposes within a forty -foot wide corridor measured from top edge of cliff' and being Easement 93 for public access purposes as shown on Map 77 of Land Court Application No. 1120; and WHEREAS, in order to assure that pedestrian public access is provided within the Property along the shoreline, the Grantor and the County of Hawai'i agree to be bound by and to encumber the Property by recordation of the Grant of Public Access Easement, attached hereto as Exhibit "1," at the Bureau of Conveyances and the Land Court of the State of Hawai'i. BE IT RESOVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I, in accordance with Article XIII, Section 13 -12 of the Hawai'i County Charter that the County of Hawai'i accepts the Grant of Public Access Easement as described and delineated in Exhibit 1 attached hereto.