COM 0210.000 2012-2014 - Laserfiche WebLink

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WHEREAS, in order to assure that public access is provided within the Project to and along designated public access areas, the Grantor and the Grantee hereby agree to be bound by, and to encumber the real properties identified and depicted on Exhibit 1 attached hereto and incorporated by reference herein, by recording this Grant of Public Access Easements with the Bureau of Conveyances or the Land Court of the State of Hawaii, as applicable; and WHEREAS, The County issued Special Management Area Minor Use Permit No. 09-106 ("SMA Minor 09-106") on May 30, 2009, to allow the consolidation of ten (10) legal lots of record [being TMKs: (3) 5-2-007:004, 015 to 019, inclusive, and 5-3-007:028 to 031, inclusive, and the resubdivision of the Project lands into seven (7) agricultural lots, one (1) bulk lot and one (I) internal subdivision roadway lot to be known as the "Kapanaia Subdivision"; and WHEREAS, Condition No. 5 of SMA Minor 09-106 states as follows: The applicant shall develop and implement a public access plan for the proposed subdivision to provide a mauka-makai vehicular public access and continuous traversable public lateral pedestrian access along the shoreline that connect to current or future lateral shoreline trails on neighboring TMKs: (3) 5-3-007:026 and 5-2-001:01-I. This plan shall incorporate public access requirements including, but not limited to, the Planning Director's letter of October 7, 2008 mentioned above, provisions for acquisition, installation and maintenance of public access and hazard signage, and the Planning Department's public access guide 'What should be included in a Public Access Plan.' This plan shall be submitted to the Planning Director for approval within one (1)year after the granting of this permit. Implementation of this public access plan must be verified and approved by the Planning Director prior to granting of final approval of the proposed consolidation/resubdivision. Should public access easements be identified as a requirement in the approved public access plan, they shall be delineated on the subdivision final plat map. " WHEREAS, pursuant to Items 1(c) and 1(d) of the Stipulated Agreement in Kohala Corp. v. Ahoi, et al.; Civil No. 5464, Circuit Court of the Third Circuit, filed March 1, 1982, Kohala Corporation granted in favor of the State of Hawaii: (1) a non-exclusive vehicular right-of-way, at least 20-feet wide to the ocean at Kapanaia Bay and beach in the land of 'A'amakao, and (2) a non-exclusive, perpetual pedestrian easement, 4-feet wide, along and -3-