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which is encumbered by one or more of the public access rights-of-way designated herein, <br />(regardless of whether any provision of this Declaration specifically so provides), shall be <br />subject to the terms and conditions of the Public Access Plan on file with the Planning <br />Department in Special Management Use Permit No. 417 and Special Permit No. 1117, and shall <br />inure to the benefit of the County and owner of each Lot, but only to the extent expressly <br />provided herein. Notwithstanding anything contained in any deed, agreement or other <br />instrument to the contrary, the public access easements set forth herein may only be amended by <br />written agreement of the owner(s) of the affected Lot and the County. <br />The Public Access Easements shall consist of two (2) perpetual non-exclusive easements <br />for vehicular access purposes, and eight (8) perpetual non-exclusive easements for pedestrian <br />purposes over, upon, across and through the Subject Property owned by Declarant, as more <br />particularly depicted on Exhibit 1, attached hereto and incorporate herein by reference. <br />Declarant expressly reserves their protections and rights under Hawaii Revised Statutes Chapter <br />520, relating to Landowners' Liability. <br />The public shall have use of the private vehicular easements for the purpose of accessing <br />the appurtenant public pedestrian access easements as follows: <br />A. Vehicular Easements. The vehicular access easements shall not be public <br />highway and the County assumes no responsibility for the maintenance of the <br />vehicular access easements. <br />1. Easement J-1 for vehicular access purposes, being 20 -ft. wide containing <br />an area of 0.024 acre, affecting Lot 9B (Extfibit 2). <br />2. Easement J-2 for vehicular access purposes, being 20 -ft. wide containing <br />an area of 0.355 acre, affecting Lot 9B (Exhibit 3). <br />B. Pedestrian Easements. <br />1. Easement PA -1 for pedestrian access purposes being 4 -ft. wide footpath <br />15 to 20 ft. from top of cliff, containing an area of 0.128 acre, affecting <br />Lot 9A (Exhibit 4); <br />2. Easement PA -2 for pedestrian access purposes being 4 -ft. wide, containing <br />an area of 0.072 acre, affecting Lot 9B (Exhibit 5); <br />-4- <br />