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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 fisherman'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 /> constnicted for said purposes(collectively"Public Access Easements"),as follows:
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