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public access is not already provided, including provisions requiring the County of Hawaii
<br />("County") to be responsible for all improvement costs, liability and maintenance issues;
<br />WHEREAS, in order to assure that public access is provided within the Project to and
<br />along designated shoreline access areas, the Declarant hereby agrees to be bound by, and to
<br />encumber the Project identified and depicted on Exhibit 1, attached hereto and incorporated
<br />herein by reference (collectively the "Subject Property"), by recordation of this Declaration in
<br />the Bureau of Conveyances of the State of Hawaii, and/or the Land Court, as applicable; and
<br />WHEREAS, the recordation of this Declaration at the Bureau of Conveyances of the
<br />State of Hawaii, and/or the Land Court, as applicable, shall constitute full and final compliance
<br />with all public access requirements of Section 46-6.5, Hawaii Revised Statutes ("HRS"), Chapter
<br />205A, HRS, Chapter 343, HRS, Ala Loa and Ala Kahakai, Chapters 23 (Subdivision) and 34
<br />(Public Access), Hawaii County Code, and Subdivision Application No. 05-000042.
<br />NOW, THEREFORE, The Declarant hereby declares and the County agrees to the
<br />following perpetual non-exclusive easements for vehicular and pedestrian public access over,
<br />upon, across and through the Subject Property, which shall be appurtenant to, and shall run with
<br />each respective Lot as approved under Subdivision Application No. 05-000042 as further
<br />described hereinbelow and depicted on Exhibit 1, attached hereto and incorporated herein by this
<br />reference.
<br />I. DECLARATION OF EASEMENTS
<br />4.0
<br />Y
<br />Declarant further declares, and the County hereby acknowledges and accepts, that each
<br />Lot within the Subject Property, which is encumbered by one or more of the public access
<br />rights-of-way designated herein, shall be held, sold, conveyed, encumbered, leased, occupied and
<br />improved, subject to the limitations, restrictions, easements, covenants and conditions set forth in
<br />this Declaration, all of which are established, declared and agreed to be for the purpose of
<br />enhancing and protecting the value, desirability, attractiveness or usefulness of public access to
<br />the ocean, shorelines and/or mountain areas through the Subject Property, as applicable. These
<br />limitations, restrictions, easements, covenants and conditions shall run with the land and shall be
<br />binding upon all persons having or who acquire any right, title or interest in and to any Lot,
<br />
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