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WHEREAS, pursuant to Section B of the April 4, 2002 Settlement Agreement for Board
<br /> of Appeals No. 01 -28 and Subdivision No. 2000 -72 of applicant Surety Kohala Corporation,
<br /> entered into by and between Surety Kohala Corporation, a Hawaii corporation, Grantor's
<br /> predecessor -in- interest, and Grantee, the execution and delivery to the County of Hawaii of this
<br /> Grant of Public Access Easement shall constitute full and final compliance with all mauka -makai
<br /> and /or lateral public pedestrian and /or vehicular access requirements for the Project of Section
<br /> 46 -6.5, Hawaii Revised Statutes (FIRS), Chapter 205A, FIRS, Chapter 343, HRS, Ala Loa and
<br /> Ala Kahakai, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and
<br /> Planning Department Rule 21 relating to Public Access: Usage, including but not limited to the
<br /> restrictions on use provided hereinbelow.
<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 further
<br /> consideration of the covenants and conditions herein contained by Grantee to be observed and
<br /> performed, does hereby bargain, sell, assign and grant unto the said Grantee, and its successors
<br /> and assigns, perpetual and nonexclusive right and easement in, upon, through, over, under and
<br /> across the Grantor's Project for lateral pedestrian public access purposes and as indicated
<br /> thereon, including without limitation, the construction, reconstruction, installation, maintenance,
<br /> operation, replacement and repair of improvements constructed for said purposes ( "Easement
<br /> Area "), as follows:
<br /> Easement 83 being 10 -feet wide within a 40 -foot wide corridor
<br /> measured from top edge of cliff, containing an area of
<br /> approximately 1.319 acres, for pedestrian public access purposes
<br /> affecting Lot 305, as shown on Map 68, Land Court Application
<br /> 1120, as more particularly described in Exhibit A and depicted on
<br /> Exhibit B, attached hereto and incorporated by reference herein.
<br /> As used herein, the term "pedestrian public access" shall mean and be limited to uses
<br /> allowed by the public pedestrian access usage regulations as provided in Planning Department
<br /> Rule 21, Public Access: Usage.
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