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and incorporated by reference herein, by recordation of this Grant of Public Access <br /> Easements in the Bureau of Conveyances of the State of Hawaii. <br /> WHEREAS, Ordinance No. 05 -50, effective April 18, 2005, changed the district <br /> classification of the Project, from Village Commercial (CV -10), Limited Industrial (ML -200), <br /> and General Industrial (MG -5a) to Single Family Residential (RS -20). Condition D under <br /> Ordinance No. 05 -50 provides that the Grantor "submit the applicable public access easement <br /> or declaration documents to the Planning Director for recordation at the Bureau of <br /> Conveyances within 180 days of the effective date of this ordinance." Condition D further <br /> provides that Grantor provide one additional public vehicular access and a parking area <br /> sufficient for a minimum of four (4) vehicles at the location south of the former Pepeekeo <br /> Mill Site in the approximate area known as "Iron Post." <br /> WHEREAS, pursuant to Section II.0 of the Settlement Agreement for Board of <br /> Appeals and Subdivision of Continental Pacific, LLC Lands entered into by and between <br /> Grantor and Grantee on April 12, 2002, the recordation of the Grant of Public Access <br /> Easement at the Bureau of Conveyances of the State of Hawaii shall constitute full and final <br /> compliance with all public access requirements for the Project of Section 46 -6.5, Hawaii <br /> Revised Statutes (HRS), Chapter 205A, HRS, Chapter 343, HRS, Ala Loa and Ala Kahakai, <br /> Condition D of Ordinance No. 05 -50, Chapters 23 (Subdivision) and 34 (Public Access), <br /> Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage. <br /> WHEREAS, Special Management Area Use Permit No. 449 was issued by Planning <br /> Commission on October 15, 2004, to allow for the development of Bulk Lot 88 into an 11 <br /> agricultural lot subdivision, being Lots 71 to 81, inclusive, being further identified as TMKs: <br /> (3) 2 -8- 08:127 to 137, inclusive, and this Grant of Public Access Easements shall fully satisfy <br /> the requirements of Condition No. 16, which require that Grantor "and its successors, <br /> including future lot owners' community association, shall maintain pedestrian public access <br /> easements in walkable condition (for example, by periodic mowing) and the parking <br /> easements so that vehicles can park." The pedestrian public access easements and parking <br /> easements under Special Management Area Use Permit No. 449 are identified as pedestrian <br /> public access easements P -8, P -10, P -15 -A and parking easements P -7, P -9 and P -19. Parking <br /> easements P -7, P -9 and P -19 are recorded in the Second Amended and Restated Declaration <br /> of Vehicular and Parking Access Easements. <br /> -3- <br />