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GRANT OF PUBLIC ACCESS EASEMENT
<br /> THIS GRANT OF PUBLIC ACCESS EASEMENT is made this 0 day of
<br /> fiGItlVlgry , 20 11 , by and between CHARLES A. ANDERSON, Trustee of that
<br /> certain unrecorded Charles A. Anderson Trust dated January 19, 1995,with full powers to
<br /> sell, mortgage, lease or otherwise deal with the land, whose mailing address is Post Office
<br /> Box 367,Paauilo, Hawaii 96776 and LISA L. ANDERSON, Trustee of that certain
<br /> unrecorded Lisa L. Anderson Trust dated January 19, 1995,with full powers to sell,
<br /> mortgage, lease or otherwise deal with the land, whose mailing address is Post Office Box
<br /> 367, Paauilo,Hawaii 96776, hereinafter called"Grantor", and the COUNTY OF HAWAII, a
<br /> political subdivision of the State of Hawaii, whose principal place of business and mailing
<br /> address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called"Grantee".
<br /> WITNES SETH:
<br /> WHEREAS, Surety Kohala Corporation, a Hawaii corporation ("SKC")was the
<br /> Subdivider under Subdivision No. 7776A, approved by the County of Hawaii Planning
<br /> Department on March 19, 2004, also being Lot 14, shown on Map 1, Land Court Consolidation
<br /> No. 216; and
<br /> WHEREAS, Easement 11 for pedestrian public access purposes as set forth by
<br /> Land Court Order No. 179804, filed on August 4, 2009 affects Lot 14; and
<br /> WHEREAS,Ainakea Makai, LLC, a Hawaii limited liability company ("Ainakea
<br /> Makai"), as successor-in-interest to SKC, subdivided Lot 14 and created Lots 14-A, 14-B,
<br /> 14-C and 14-D, under Subdivision No. 08-736, approved by the County of Hawaii Planning
<br /> Department on November 6, 2009; and
<br /> WHEREAS, a portion of Easement 11 affects Lot 14-D, as shown on Map 7,
<br /> Land Court Consolidation No. 216, as set forth by Land Court Order no. 169548; and
<br /> WHEREAS,Ainakea Makai, LLC conveyed all of its right, title and interest in
<br /> and to Lot 14-D to Grantor by Warranty Deed dated August 25, 2010, filed in the Office of the
<br /> Assistant Registrar of the State of Hawaii as Document No. 3998286 and duly noted on Transfer
<br /> Certificate of Title No. 995,963 ("Property"); and
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