RES 064 Draft 01 2016-2018 - Laserfiche WebLink

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GRANT OF PUBLIC ACCESS EASEMENT THIS GRANT OF PUBLIC ACCESS EASEMENT is made this IQ day of 101 hv101 Y J , 20 11 , by and between SURETY KOHALA CORPORATION, a Hawaii corporation, whose mailing address is Post Office Box 249, Hawi, Hawaii 96719, hereinafter called"Grantor", and the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called"Grantee". WITNESSETH: WHEREAS, Grantor is the owner in fee simple of that certain real property situated at Halaula, Maulili, Pueke, Kukuiwaluhia, Apuakohau, Halelua and Napapaa, District of North Kohala, County, Island and State of Hawaii, being Lots 2 and 3, under Subdivision No. 07-000683, approved by the County of Hawaii Planning Department on May 4, 2009, also being Lots 2 and 3, shown on Map 1, Land Court Consolidation No. 222, being further identified as Tax Map Key Nos.: (3) 5-3-007:015 and 016, respectively (collectively the "Property"); and 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 -2-