COM 0210.000 2012-2014 - Laserfiche WebLink

Home

Mauka-Makai and Lateral Pedestrian Public Access: Easement PA-1, being 10- feet wide undesignated pedestrian public access easement(which includes the existing 4-foot wide lateral public access easement to the State of Hawaii) within a 40-foot wide corridor measured from top edge of the cliff, and (2) a 10-feet wide pedestrian mauka-makai public access easement PA-1 from the public access parking Easement PP-1 towards Kapanaia Bay as depicted on Exhibit 1. As used herein, the term "pedestrian public access" shall mean and be limited to uses allowed by the public pedestrian access usage regulations as provided in Planning Department Rule 21, Public Access: Usage. If portions of the Public Access Easements erode away, destroying the Public Access Easements or making said easements hazardous, the Public Access Easements shall be relocated to a safe location immediately adjacent to the destroyed portion of the Public Access Easements. 'I he County of Hawaii shall survey the new Public Access Easements,and prepare an Amended Grant of Easements to he recorded against the Property by the Grantor, and its successors and assigns. Where the trails do not exist on the ground in the area of the desired pedestrian public access, Grantor shall have no obligation to make trails. Nothing in this Grant of Public Access Easements shall amend, qualify or otherwise limit the following: (1) the liability protections given to the Grantor pursuant to Hawaii Revised Statutes Chapter 520, including without limitation the protections afforded in Section 520-4(b), 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 Hawaii Revised Statutes Section 663-1.54 relating to Recreational Activity Liability. ANID, Grantor and Grantee hereby covenant and agree as follows: 1. The Easement Area shall not be officially open to the public until this Grant of Public Access Easements has been accepted by the County of 1-Iawaii. The Easement Area as described hereinabove may be used by any members of the public having the right to use such Easement Area, subject to, and upon the following terms and conditions: a. Restrictions on Use. The regulation on the use of the Public Access Easements described above, including activities prohibited within the Public Access Easements shall be pursuant to Planning Department Rule 21, Public Access: Usage. In addition, public access will be open generally from sunrise or 6:00 a.m., whichever is earlier,to one-half hour beyond sunset or 6:00 p.m., whichever is later. Access for night -5-