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WHEREAS, the recordation of this Grant of Public Access Easements at the Bureau
<br /> of Conveyances or the Land Court of the State of Hawaii, as applicable, shall constitute full
<br /> and final compliance with all public access requirements for the Project of Section 46-6.5,
<br /> Hawaii Revised Statutes ("HRS"), Chapter 205A, HRS, Chapters 23 (Subdivision) and 34
<br /> (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public
<br /> Access: Usage, provided however, that if any of the Property identified in Exhibit 1 attached
<br /> hereto are proposed for subdivision or other uses and activities that are not listed as permitted
<br /> uses under the current zoning for the Property, the County may require further public access
<br /> over the portion or portions of the Property proposing such uses and activities; and
<br /> WHEREAS, the Grantee has requested, and the Grantor agrees to maintain, control
<br /> and repair two sections of the Lateral Pedestrian Public Access easement, affecting Lots 71,
<br /> 77 and 78, in a good and safe condition, ordinary wear and tear excepted, as further delineated
<br /> on Exhibit 2; and
<br /> WHEREAS, the Grantee has requested, and the Grantor agrees to increase the width
<br /> of the lateral pedestrian public access easement from 10 feet wide to 20 feet wide, measured
<br /> from the makai edge of the reconstructed fishermans' trail in the mauka direction to address
<br /> safety concerns raised by the general public; and
<br /> WHEREAS, this Grant of Public Access Easements shall fully satisfy the
<br /> requirements of Condition No. 3 under SMM 84 and Condition Nos. 14 and 15 of
<br /> SMA 06-10.
<br /> NOW, THEREFORE, Grantor and Grantee agree as follows:
<br /> THAT THE Grantor, for and in consideration of the sum of TEN AND NO/100
<br /> DOLLARS ($10.00) paid by Grantee, the receipt whereof is hereby acknowledged, and in
<br /> further consideration of the covenants and conditions herein contained by Grantee to be
<br /> observed and performed, does hereby bargain, sell, assign and grant unto the said Grantee,
<br /> and its successors and assigns, perpetual and nonexclusive right and easement in, upon,
<br /> through, over, under and across the Grantor's Property for vehicular, pedestrian and parking
<br /> public access purposes as indicated thereon, including without limitation, the construction,
<br /> reconstruction, installation, maintenance, operation, replacement and repair of improvements
<br /> constructed for said purposes (collectively "Public Access Easements"), as follows:
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