RES 064 Draft 01 2016-2018 - Laserfiche WebLink

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applicant Surety Kohala Corporation, entered into by and between Surety Kohala Corporation, a Hawaii corporation 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 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 vehicular public access purposes as indicated thereon, including without limitation, the construction, reconstruction, installation, maintenance, operation, replacement and repair of improvements constructed for said purposes ("Vehicular Public Access Easement"), as follows: Easement 10, containing an area of 1.735 acres, for vehicular public access purposes, as shown on Land Court Consolidation No. 216, Map 4, affecting Lots 2 and 3, as shown on Map 1, Land Court Consolidation No. 222, as more particularly described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated by reference herein. As used herein, the term "vehicular public access" shall mean and be limited to use by motorized vehicles as regulated under Planning Department Rule 21-8, together with pedestrian and any other modes of transport allowed by Planning Department Rule 21, Public Access: Usage. -3-