COM 0711.000 2010-2012 - Laserfiche WebLink

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WHEREAS, Special Management Area Minor Permit No. 08-000093 (SMM 08-93)was approved on December 10, 2008 to allow for the consolidation and resubdivision of eight(8) lots, being the subject of SUB 08-000736, and included Condition No. 3,which required the continuation of the lateral pedestrian public access from the end of Easement 11 on the Property through Kapa'au Gulch to the western boundary of the Property. WHEREAS, in order to assure that public access is provided within the Property to and along designated shoreline access areas,the Grantor and the Grantee hereby agree to be bound by, and to encumber the real property, as more particularly described in Exhibit B attached hereto and incorporated by reference herein,by recordation of this Grant of Public Access Easement in the Office of the Assistant Registrar of the Land Court of the State of Hawaii (said"Office of the Assistant Registrar"). WHEREAS,pursuant to Subdivision No. Sub-08-000736 of applicant Ainakea Makai, LLC, a Hawaii limited liability company, Grantor's predecessor-in-interest,and Grantee,the recording of this Grant of Public Access Easement in said Office of the Assistant Registrar shall constitute full and fmal compliance with all lateral public pedestrian access requirements for the Property pursuant to Condition No. 3 of SMM 08-93 and Chapter 205A, HRS. NOW,THEREFORE,the Grantor and Grantee agree as follows: THAT the Grantor, for and in consideration of the sum of TEN AND NO/l00 DOLLARS ($10.00)paid by Grantee, the receipt whereof is hereby acknowledged, and in 249724.2 - 3 -