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N`v os Nip'. COUNTY OF HAWAII STATE OF HAWAII ' �tf Of M►'� " RESOLUTION NO. 252 12 RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM THE TERRY LYNN HARRISON FAMILY TRUST FOR PUBLIC ACCESS PURPOSES. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, TERRY LYNN HARRISION, Trustee for the TERRY LYNN HARRISON FAMILY TRUST is the owner of the real property identified by Tax Map Key: (3) 5-3-006:025, situated in Kapa`au and `Ainakea, District of North Kohala, County and State of Hawai`i; WHEREAS, TERRY LYNN HARRISION was a part owner in AINAKEA MAKAI, LLC, in the application for an eight lot consolidation and resubdivision(SUB 08-000736) that included the subject property; WHEREAS, SURETY KOHALA CORPORATION, EWM INVESTMENTS, LLC AND AINAKEA MAKAI, LLC were issued Tentative Approval for SUB 08-000736, which included a condition of Final Approval requiring the subdivider to comply with Condition No. 3 of Special Management Area Minor Permit No. 08-000093 requiring the applicant to provide a continuous public lateral pedestrian access easement along the shoreline; WHEREAS, the County of Hawai`i would like to acquire public access along the length of the North Kohala coastline; WHEREAS, the North Kohala Community Development Plan identifies the acquisition of a continuous lateral access along the sea coast from Kapana`ia to `Ainakea as the No. 1 priority under Section 4.2-Public Access; WHEREAS, TERRY LYNN HARRISION FAMILY TRUST is desirous of granting the County of Hawai`i a pedestrian easement, which easement is more particularly described and delineated in Exhibit "1" attached hereto as a Grant of Public Access Easement for Public Access Purposes; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter, provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of money, securities or other personal property or of real estate or any interest in real estate. - 1 -