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JMt-4Oi N7� 4�' C••- ,�I Jif COUNTY OF HAWAII STATE OF HAWAII �rr'oF•Nr�O RESOLUTION NO. 11,() 2:1 A RESOLUTION ACCEPTING THE DEDICTION OF ROADWAY LOT 398, BEING IDENTIFIED AS TMK NO.: (3) 2-4-075:070, SITUATED AT KUKUAU IST, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII FROM HILO HILLSIDE, LLC. WHEREAS, HILO HILLSIDE, LLC, a Hawai'i limited liability company (hereinafter, "Owner"), is the owner of Roadway Lot 398 for Hilo Hillside Estates Subdivision, identified as TMK No. (3) 2-4-075:070, situated at Kukuau 1St, District of South Hilo, Island and County of Hawai'i, State of Hawai'i, as described in Exhibit A, and delineated in Exhibit B, which are attached hereto and made a part hereof; and WHEREAS, Owner is desirous of dedicating the Roadway and all improvements thereon to the County of Hawai'i, a municipal corporation of the State of Hawai'i (hereinafter, the "County of Hawai'i"), and the Roadways and improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Department of Water Supply, the Planning Department, and the Department of Environmental Management; and WHEREAS, Section 23-10 of the Hawai'i County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawai'i County Charter provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the County of Hawai'i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds the subject roadways and improvements thereon are in full compliance with provisions of Chapter 23 of the Hawai'i County Code as certified and approved by all applicable agencies, and that it is in the public interest to accept such a dedication. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai'i County Charter and Chapter 23 of the Hawai'i County Code, that the County of Hawai'i accepts the dedication of the Roadways for public road purposes.