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and incorporated by reference herein, by recordation of this Grant of Public Access <br />Easements in the Bureau of Conveyances of the State of Hawaii. <br />WHEREAS, Ordinance No. 05 -50, effective April 18, 2005, changed the district <br />classification of the Project, from Village Commercial (CV -10), Limited Industrial (ML -200), <br />and general Industrial (MG -5a) to Single Family Residential (RS -20). Condition D under <br />Ordinance No. 05 -50 provides that the Grantor "submit the applicable public access easement <br />or declaration documents to the Planning Director for recordation at the Bureau of <br />Conveyances within 180 days of the effective date of this ordinance." Condition D further <br />provides that Grantor provide one additional public vehicular access and a parking area <br />sufficient for a minimum of four (4) vehicles at the location south of the former Pepeekeo <br />Mill Site in the approximate area known as "Iron Post." <br />WHEREAS, pursuant to Section II.0 of the Settlement Agreement for Board of <br />Appeals and Subdivision of Continental Pacific, LLC Lands entered into by and between <br />Grantor and Grantee on April 12, 2002, the recordation of the Grant of Public Access <br />Easement at the Bureau of Conveyances of the State of Hawaii shall constitute full and final <br />compliance with all public access requirements for the Project of Section 46 -6.5, Hawaii <br />Revised Statutes (HRS), Chapter 205A, HRS, Chapter 343, HRS, Ala Loa and Ala Kahakai, <br />Condition D of Ordinance No. 05 -50, Chapters 23 (Subdivision) and 34 (Public Access), <br />Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage, <br />WHEREAS, Special Management Area Use Permit No. 449 was issued by Planning <br />Commission on October 15, 2004, to allow for the development of Bulk Lot 88 into an I 1 <br />agricultural lot subdivision, being Lots 71 to 81, inclusive, being further identified as TMKs: <br />(3) 2 -8 -08 :127 to 137, inclusive, and this Grant of Public Access Easements shall fully satisfy <br />the requirements of Condition No. 16, which require that Grantor "and its successors, <br />including future lot owners' community association, shall maintain pedestrian public access <br />easements in walkable condition (for example, by periodic mowing) and the parking <br />easements so that vehicles can park." The pedestrian public access easements and parking <br />easements under Special Management Area Use Permit No. 449 are identified as pedestrian <br />public access easements P -8, P -10, P- 15 -A and parking easements P -7, P -9 and P -19. Parking <br />easements P -7, P -9 and P -19 are recorded in the Second Amended and Restated Declaration <br />of Vehicular and Parking Access Easements. <br />- 3 - <br />