RES 234 Draft 01 2010-2012 - Laserfiche WebLink

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WITNESSETH : Recitals: 1. Whereas, Owner owns the parcel of real property (designated as Tax Map Key 3rd 2-8-003-001; and 2. Whereas, the Owner has applied to subdivide the above-described parcel of land into six parcels (SUB-11-001057); 3. The subdivision received Tentative Approval on December 14, 2001 with a number of conditions including: The subdivider shall develop and implement a public access plan (per Chapter 34, Hawai'i County Code),for the proposed subdivision to provide pedestrian and vehicular public access that connects to the Hilo Forest Reserve in the vicinity of TMK(3) 2-8-001: 003. The plan shall clearly address each of the elements included in the enclosed Planning Department's Public Access Guide, "What should be included in a Public Access Plan." 4. The purpose of this grant of easement is to provide the pedestrian and vehicular access as required as a condition of the subdivision approval NOW, THEREFORE, Grantor, in consideration of the sum of ONE DOLLAR($1.00) to Grantor paid by Grantee, the receipt of which is hereby acknowledged, and of the covenants of Grantee as hereinafter contained, does hereby grant, bargain, sell and convey unto Grantee, a perpetual easement for pedestrian and vehicular public access that connects to the Hilo Forest Reserve in the vicinity of TMK(3) 2-8-001: 003, over and across that portion of Tax Map Key (3) 2-8-003-001, said easement is described by metes and bounds in the attached Exhibit "A" and is shown on the portion of the subdivision map attached as Exhibit "B". Grantee hereby covenants and agrees to and with Grantor that Grantee's and public's use of said Easement shall be at all users' use sole risk, and that all users shall defend, indemnify and save harmless Grantor and the owners from time to time of said Easement from and against any and all loss or damage to the property and from and against all liability, claims, suits and actions by whomsoever brought on account of injury to or death of persons when such loss, damage, injury or death is caused by or arises or results, directly or indirectly, from the use of said Easement or the exercise of rights herein granted by Grantee, its agents, guests or invitees, and that said users shall defend, indemnify and save harmless the Grantor and the owners from time to time of said Easement from and against all damages, costs, attorneys' fees, expenses or liabilities incurred or resulting from any such claim or demand or any action or proceeding brought therein. The terms "Grantor" and "Grantee", as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural Grant of Easement for Public Purposes 2 Kaupaukuea Farms,LLC TMKS 3rd 2-8-003-001(portion)