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4o;M<Y OS......, <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> RESOLUTION NO. 140 13 <br /> (DRAFT 2) <br /> RESOLUTION ACCEPTING A GRANT OF EASEMENTS FROM KOHALA KAI, LLC <br /> FOR PUBLIC ACCESS PURPOSES. <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. <br /> WHEREAS, KOHALA KAI, LLC, owner of the real property identified by Tax Map <br /> Keys: (3) 5-9-017:001 to 008 inclusive, situated in Kahua 1st, Kahua and Waika, District of <br /> North Kohala, County and State of Hawaii; and <br /> WHEREAS, KOHALA KAI, LLC was issued Special Management Area Minor Use <br /> Permit No. 84 by the Planning Director on December 21, 1999, as amended on September 19, <br /> 2011, to allow the development of a seven (7) lot subdivision, which required the applicant to <br /> submit a shoreline public access plan for the review and approval by the Planning Director that <br /> provided mauka-makai and lateral shoreline public access pedestrian easements within the <br /> project site; and <br /> WHEREAS, Subdivision Nos. 7495 and 7635 were approved by the Planning Director <br /> on December 26, 2001 and January 15, 2003, respectively; and <br /> WHEREAS, Special Management Area Major Use Permit No. 06-000010 (SMA 06-10) <br /> was issued by the Planning Commission on June 16, 2006 to allow the development of a five (5) <br /> lot subdivision within Bulk Lot 77 along with related improvements, which required the <br /> applicant to construct a mauka-makai and lateral walkable access trail and to provide a minimum <br /> of three (3)public parking spaces in close proximity of the mauka end of the mauka-makai <br /> pedestrian trail; and <br /> WHEREAS, KOHALA KAI, LLC was issued Tentative Approval for Sub 06-000297 on <br /> February 13, 2009, which included a condition of Final Approval requiring the subdivider to <br /> comply with all conditions of SMA 06-10; and <br /> WHEREAS, the County of Hawai`i would like to acquire public access along the length <br /> of the North Kohala coastline; and <br /> WHEREAS, the North Kohala Community Development Plan 2008 was adopted by <br /> Ordinance No. 2008-151 on November 5, 2008 call for a continuous coastal ("lateral") path <br /> stretching from Pololu to Kawaihae, together with numerous mauka-makai accesses from Akoni <br /> Pule Highway to the shore; and <br />