RES 063 Draft 01 2016-2018 - Laserfiche WebLink

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WHEREAS, pursuant to the provisions of Hawaii Revised Statutes Section 46-6.5 relating to Public Access,the County of Hawaii has adopted Hawaii County Code Chapter 34 (Public Access), which provides for implementation of public access over private property in appropriate locations to the ocean, shorelines and mountain areas as applicable, by requiring dedication of land for such public rights-of-way by fee or easement as a condition precedent to final subdivision approval or the issuance of a building permit for a multiple-family development where adequate public access is not already provided, including provisions requiring the County of Hawaii to be responsible for all improvement costs, liability and maintenance issues; and WHEREAS, in order to assure that public access is provided within the Property to and along designated shoreline access areas, the Grantor and the Grantee hereby agree to be bound by, and to encumber the real property depicted on Exhibit B attached hereto and incorporated by reference herein, by filing this Grant of Public Access Easement with the Office of the Assistant Registrar of the Land Court of the State of Hawaii; and WHEREAS, pursuant to Section A of the April 4, 2002 Settlement Agreement for Board of Appeals No. 01-28 and Subdivision Application No. 2000-056 (SUB-7776A) of applicant Surety Kohala Corporation, entered into by and between Surety Kohala Corporation, a Hawaii corporation, Grantor's predecessor-in-interest, and Grantee, the filing of this Grant of Public Access Easement with the Bureau of Conveyances of the State of Hawaii and filing with the Office of the Assistant Registrar of the Land Court of the State of Hawaii shall constitute full and final compliance with all public access requirements for the lands of the Property of Section 46-6.5, Hawaii Revised Statutes ("HRS"), Chapter 205A, HRS, , Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage, provided however, that if any of the Property tax key parcels identified in Exhibit B attached hereto are proposed for subdivision or other uses and activities proposed in the Special Management Area,the County may require further public access over the Property tax key parcel proposing such uses and activities. NOW, THEREFORE, Grantor and Grantee agree as follows: THAT THE Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid by Grantee,the receipt whereof is hereby acknowledged, and in further consideration of the covenants and conditions herein contained by Grantee to be observed and - 3 -