RES 140 Draft 01 2012-2014 - Laserfiche WebLink

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Vehicular Public Access: A public access easement for vehicular public access purposes (containing a total area of 1,172 square feet) affecting Lot 69, as shown on Map of Land Court Consolidation No. 129, being further identified as TMK No.: (3) 5-9-017:008 (por.), as depicted on Exhibit 1. Mauka-Makai and Lateral Pedestrian Public Access: A public pedestrian access easement on existing trail (being 10-feet wide) for mauka-makai pedestrian and lateral public access purposes (containing a total area of 1.143 acres) affecting Lots 71 and 75 to 80, inclusive, as shown on Map , Land Court Consolidation No. 129, being further identified as TMK Nos.: (3) 5-9-017:001 to 007, inclusive, all as depicted on Exhibit 1. The lateral pedestrian public access trails shall have a cleared or constructed earthen surface to allow reasonable pedestrian passage. 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. The County of Hawaii shall survey the new Public Access Easements, and prepare an Amended Grant of Public Access Easements to be recorded against the Property by the Grantor, or 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. AND, Grantor and Grantee hereby covenant and agree as follows: 1. The Public Access Easements shall not be officially open to the public until this Grant of Public Access Easements has been accepted by the County of Hawaii. The Public Access Easements as described hereinabove may be used by any members of the - 5 -