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GRANT OF PUBLIC ACCESS EASEMENTS <br /> THIS GRANT OF PUBLIC ACCESS EASEMENTS is made this ' ' day of <br /> , 2013, by and between ROBERT MILBANK,JR., <br /> Trustee in the ankruptcy Case of Pacific Plains Company, LLC, Bankruptcy No. 12-31653- <br /> SGJ-11, filed in the United States Bankruptcy Court for the Northern District of Texas, Dallas <br /> Division, whose address is c/o Charles B. Hendricks, Cavazos, Hendricks, Poirot& Smitham, <br /> P.C. , 900 Jackson, Suite 570, Dallas, Texas 75202-4425, hereinafter called "Grantor", and <br /> the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal <br /> place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter <br /> called "Grantee". <br /> WITNESSETH: <br /> WHEREAS, Pacific Plains Company, L.L.C. was the developer of those certain real <br /> properties situated in `A'amakao and Halawa, District of North Kohala, County and State of <br /> Hawaii, as identified in Subdivision Application No. 07-000632, pending approval by the <br /> County of I-lawaii Planning Department (the "Project"); and <br /> WHEREAS, Robert Milbank, Jr., was appointed Trustee by Order Approving <br /> Appointment of Trustee filed on October 25, 2012, in the Bankruptcy Case of Pacific Plains <br /> Company, LLC, Bankruptcy No. 12-31653-SGJ-11, United States Bankruptcy Court for the <br /> Northern District of Texas, Dallas Division; and <br /> WHEREAS, pursuant to the provisions of Hawaii Revised Statutes Section 46-6.5 <br /> relating to Public Access, the County of Hawaii has adopted Hawaii County Code Chapter 34 <br /> (Public Access), which provides for implementation of public access over private property in <br /> appropriate locations to the ocean. shorelines and mountain areas as applicable, by requiring <br /> dedication of land for such public rights-of-way by fee or easement as a condition precedent <br /> to final subdivision approval or the issuance of a building permit for a multiple-family <br /> development where adequate public access is not already provided, including provisions <br /> requiring the County of Hawaii to be responsible for all improvement costs, liability and <br /> maintenance issues; and <br /> -2- <br />