RES 063 Draft 01 2016-2018 - Laserfiche WebLink

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performed, does hereby bargain, sell, assign and grant unto the said Grantee, and its successors and assigns, a perpetual and nonexclusive right and easement in, upon, through, over, under and across the Grantor's Property for public access purposes as indicated thereon, including without limitation, the construction, reconstruction, installation, maintenance, operation, replacement and repair of improvements constructed for said purposes ("Pedestrian Public Access Easement"), as follows: Portion of Easement 11 , being 10-feet wide (containing an area of 28,729 square feet, for pedestrian public access purposes) as shown on Land Court Consolidation No. 216, Map 5, affecting Lot 14-D, as shown on Land Court Consolidation No. 216, Map 7, being further identified as a portion of TMK: (3) 5-3-006:027, as more particularly described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated by reference herein. As used herein, the term "pedestrian public access" shall mean and be limited to uses allowed by the public access usage regulations as provided in Planning Department Rule 21, Public Access: Usage. If portions of the Public Access Easement erode away, destroying the Public Access Easement or making said easement hazardous, the Public Access Easement shall be relocated to a safe location immediately adjacent to the destroyed portion of the Public Access Easement. The County of Hawaii shall survey the new Public Access Easement, process a Land Court petition for the cancellation of the destroyed lateral pedestrian public access easement(s) and designation of the new lateral pedestrian public access easement(s), and prepare an Amended Grant of Public Access Easement to be recorded against the Property by the Grantor, or its successors and assigns. Where the trail does not exist on the ground in the area of the desired pedestrian public access, Grantor shall have no obligation to make trails. Nothing in this Grant of Public Access Easement shall amend, qualify or otherwise limit the following: (1)the liability protections given to the Grantor pursuant to Chapter 520, HRS, including without limitation the protections afforded in Section 520-4(b), HRS relating to Landowners' Liability, and (2) liability protections given to the owners or operators of any business providing recreational activities to the public who obtain voluntary written release waivers for their patrons pursuant to the provisions of Section 663-1.54, HRS, relating to Recreational Activity Liability. -4 -