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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 />