COM 0210.000 2012-2014 - Laserfiche WebLink

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within the seaward boundary of the subject lands. These existing easements are located within Bulk Lot 8 and Archaeological Lot 9 as depicted on Exhibit I; and WHEREAS, the recordation of this Grant of Public Access Easements at the Bureau of Conveyances of the State of Hawaii shall constitute full and final compliance with all public access requirements for the lands of the Project of Section 46-6.5, Hawaii Revised Statutes ("HRS"), Chapter 205A, HRS, the Ala Loa, the Ala Kahakai Trail, Chapters 23 (Subdivision)and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage, provided however, that if any of the Project tax key parcels identified in Exhibit 1 attached hereto are proposed for subdivision or other uses and activities proposed in the Special Management Area, the County may require further public access over the Project tax key parcel proposing such uses and activities; and WHEREAS, this Grant of Public Access Easements shall fully satisfy the requirements of Condition No. 5 under SMA Minor 09-106, which requires that ". . . the Planning Department must approve the draft recorded instruments conveying public access over the approved shoreline public access pedestrian easements to the County of Hawaii. . . " NOW,THEREFORE, Grantor and Grantee agree as follows: THAT THE Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)paid by Grantee, the receipt whereof is hereby acknowledged, and in 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, a perpetual and nonexclusive right and easement in,upon, through, over, under and across the Grantor's Property for vehicular,pedestrian and parking public access purposes as indicated thereon, including without limitation, the construction, reconstruction, installation, maintenance, operation, replacement and repair of improvements constructed for said purposes (collectively "Public Access Easements"), as follows: Public Access Parking Area: Easement PP-1, being four (4) unimproved public access parking stalls (approximately 3,331 square feet) at an existing plateau area located north/makai of the Railroad right-of-way as depicted on Exhibit 1. Vehicular Public Access: Easement VA-1, being 20-feet wide,non-exclusive, vehicular public access easement as depicted on Exhibit 1. VA-1 connects the existing 20-feet wide, non-exclusive, vehicular public access easement to the public access parking Easement PP-1. -4-