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COUNTY OF HAWAII " ' f H STATE OF HAWAI I <br /> ' ....*..-N7,,v440:-•:- : <br /> ,....______,2 <br /> RESOLUTION NO. 92 13 <br /> RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM ROBERT MILBANK, <br /> JR., TRUSTEE IN THE BANKRUPTCY CASE OF PACIFIC PLAINS COMPANY, LLC <br /> FOR PUBLIC ACCESS PURPOSES. <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. <br /> WHEREAS, ROBERT MILBANK, JR, is Trustee in the Bankruptcy Case of PACIFIC <br /> PLAINS COMPANY, LLC, owner of the real property identified by Tax Map Keys: (3) 5-2- <br /> 007:004 (por.), 028 (por.) and 029 (por.), situated Halawa and `A`amakao, District of North <br /> Kohala, County and State of Hawaii; <br /> WHEREAS, PACIFIC PLAINS, LLC applied for consolidation of ten (10)pre-existing <br /> lots of record and resubdivision into eight (8) lots, which was subsequently amended to nine (9) <br /> lots and one (1)road lot (SUB 07-000632) that included the subject property; <br /> WHEREAS,PACIFIC PLAINS, LLC was issued Tentative Approval for SUB 007- <br /> 000632 on November 13, 2009, which included a condition of Final Approval requiring the <br /> subdivider to comply with Condition No. 3.a.iii of Special Management Area Minor Permit No. <br /> 09-000106 requiring the applicant to develop and implement a mauka-makai and lateral <br /> shoreline public access plan and installation of appropriate signage; <br /> WHEREAS, the County of Hawaii would like to acquire public access along the length <br /> of the North Kohala coastline; <br /> WHEREAS, the North Kohala Community Development Plan identifies the acquisition <br /> of a continuous lateral access along the sea coast from Kapana`ia to `Ainakea as the No. 1 <br /> priority under Section 4.2-Public Access; <br /> WHEREAS, ROBERT MILBANK, JR., trustee in the Bankruptcy Case of PACIFIC <br /> PLAINS, LLC is desirous of granting the County of Hawaii the vehicular, parking and <br /> pedestrian easements, which easements are more particularly described and delineated in <br /> Exhibit "1" attached hereto as a Grant of Public Access Easements; and <br /> WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that <br /> the Council, on behalf of the County of Hawaii, may accept gifts or donations of money, <br /> securities or other personal property or of real estate or any interest in real estate. <br /> - 1 - <br />