COM 0711.000 2010-2012 - Laserfiche WebLink

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further consideration of the covenants and conditions herein contained by Grantee to be observed and performed, does hereby bargain, sell, assign and grant unto the said Grantee, and its successors and assigns,perpetual and nonexclusive right and easement in,upon, through, over, under and across the Grantor's Property for lateral pedestrian public access purposes and as indicated thereon, including without limitation,the construction, reconstruction, installation,maintenance, operation,replacement and repair of improvements constructed for said purposes("Easement Area"), as follows: Easement 13 containing an area of approximately 0.721 acre, affecting Lot 14-B for pedestrian public access, as shown on Map 7, Land Court Consolidation No. 216,as more particularly described in Exhibit A attached hereto and incorporated by reference herein. Easement 11 (portion)containing an area of approximately 0.027 acre, affecting Lot 14-B for pedestrian public access, as shown on Map 5, Land Court Consolidation No. 216, as more particularly described in Exhibit C attached hereto and incorporated by reference herein. Nothing in this Grant of Public Access Easement shall amend, qualify or otherwise limit the following: (1)the liability protections given to the Grantor pursuant to Chapter 520,HRS, including without limitation the protections afforded in Section 520-4(b), HRS, relating to Landowners'Liability; and(2)the liability protections given to the owners or operators of any business providing recreational activities to the public who obtain voluntary written release waivers for their patrons pursuant to the provisions of Section 663-1.54,HRS, relating to Recreational Activity Liability. 249724.2 -4 -