RES 140 Draft 01 2012-2014 - Laserfiche WebLink

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GRANT OF PUBLIC ACCESS EASEMENTS 1� +1 THIS GRANT OF PUBLIC ACCESS EASEMENTS is made this day of , 2013, by and between KOHALA KAI, LLC, a Hawaii limited liability company, whose address is 2116 Redbird Drive, Las Vegas, Nevada 89134, hereinafter called "Grantor", and the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called "Grantee". WITNESSETH: WHEREAS, Grantor is the developer of those certain real properties situated in Kahua, District of North Kohala, County and State of Hawaii, as identified in Subdivision Nos. 7495 and 7635 approved by the County of Hawaii Planning Department on December 26, 2001 and January 15, 2003, respectively (collectively the "Project"); and WHEREAS,pursuant to the provisions of Hawaii Revised Statutes Section 46-6.5 relating to Public Access, the County of Hawaii has adopted Hawaii County Code Chapter 34 (Public Access), which provides for implementation of public access over private property in appropriate locations to the ocean, shorelines and mountain areas as applicable, by requiring dedication of land for such public rights-of-way by fee or easement as a condition precedent to final subdivision approval or the issuance of a building permit for a multiple-family development where adequate public access is not already provided, including provisions requiring the County of Hawaii to be responsible for all improvement costs, liability and maintenance issues; and 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 property identified as TMK Nos.: (3) 5-9-017:001 to 008, inclusive, and depicted on Exhibit 1 (the "Property") 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. 84 ("SMM 84") on December 21, 1999, as amended on September 19, 2011, to allow the -2-