RES 389 Draft 01 2008-2010 - Laserfiche WebLink

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GRANT OF PUBLIC ACCESS EASEMENT THIS GRANT OF PUBLIC ACCESS EASEMENT is made this day of , 2010, by and between NORTH COAST KOHALA LLC, a Virginia limited liability company, whose mailing address is 4 E. 8th Street, Wilmington, Delaware 19801, hereinafter called "Grantor ", and the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called "Grantee ". WITNESSETH: WHEREAS, Grantor is the owner in fee simple of that certain real property situated at Hualua and Kahei, District of North Kohala, County and State of Hawaii, being Lot 301 (containing an area of 105.647 acres) under Subdivision No. 7643B, approved by the County of Hawaii Planning Department on May 28, 2003, also being Lot 305, as shown on Map 68, Land Court Application No. 1120, being further identified as Tax Map Key No.: (3) 5 -5- 007:037 ( "Project "); WHEREAS, pursuant to the provisions of Hawaii Revised Statutes 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 property identified and depicted on Exhibit B attached hereto and incorporated by reference herein, by dual recordation of this Grant of Public Access Easement in the Bureau of Conveyances of the State of Hawaii and filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii. -2-