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COUNTY OF HAWAI`I STATE OF HAWAI`I <br /> •'f�rF Of•M'�'.• <br /> RESOLUTION NO. 406 24 <br /> A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY PARCEL <br /> IDENTIFIED AS ALL OF THAT CERTAIN PARCEL OF LAND (BEING A PORTION OF <br /> LAND DESCRIBED IN AND COVERED BY ROYAL PATENT GRANT NUMBER 6586, <br /> LAND COMMISSION AWARD NUMBER 8689-B TO HELEANAOLE) SITUATE,LYING <br /> AND BEING AT KAPA'AU DISTRICT, OF NORTH KOHALA, ISLAND AND COUNTY <br /> OF HAWAII STATE OF HAWAII, AND DESIGNATED AS TMK NO. (3) 5-4-004-015 <br /> ("ACCESS ROAD") FROM KAPA'AU WATER WORKS COMMUNITY ASSOCIATION, <br /> A HAWAII NON-PROFIT CORPORATION. <br /> WHEREAS, KAPA'AU WATER WORKS COMMUNITY ASSOCIATION <br /> (hereinafter, "Owner"), is the owner of all of that certain parcel of land (being portion of the <br /> land described in and covered by Royal Patent Grant Number 6586, Land Commission Award <br /> Number 8689-B to Heleanaole) situated, lying and being at Kapa'au, District of North Kohala, <br /> Island and County of Hawai`i, State of Hawai`i, and designated as TMK(3) 5-4-004-015 <br /> ("Access Road"), and more particularly described in Exhibit"A", attached hereto and by <br /> reference made parts hereof; and delineated on the survey map attached hereto as Exhibit B and <br /> made a part hereof. <br /> WHEREAS, Owner is desirous of dedicating the Roadway and all improvements thereon <br /> to the County of Hawai`i, a municipal corporation of the State of Hawai`i (hereinafter,the <br /> "County of Hawai`i"), and the Roadway and improvements have been inspected and approved <br /> by the Department of Public Works, and received dedication approval from the Department of <br /> Water Supply,the Planning Department, and the Department of Environmental Management; <br /> and <br /> WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from <br /> receiving by dedication any streets in any subdivision platted after December 2, 1966 except <br /> upon full compliance with provisions of Chapter 23; and <br /> WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the <br /> Council may accept gifts, including real estate or any interest in real estate, on behalf of the <br /> County of Hawai`i; now, therefore, <br />