RES 544 Draft 01 2022-2024 - Laserfiche WebLink

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COUNTY OF HAWAI`I - •_ �:, '% • STATE OF HAWAI`I TE OF.HF' ". RESOLUTION NO. 544 24 A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY "LOT 2," BEING A PORTION OF ROYAL PATENT 4475, LAND COMMISSION AWARD 7713,APANA 5 TO V. KAMAMALU, SITUATED AT KEOPU 3, NORTH KONA, ISLAND AND COUNTY OF HAWAI'I, STATE OF HAWAI'I,A PORTION OF TMK NO. (3) 7-5- 007:033, FROM D&L FUJIMOTO, LLC,A HAWAI'I LIMITED LIABILITY COMPANY. WHEREAS, D&L Fujimoto LLC (hereinafter, "Owner") is the owner of Lot 2, identified as a portion of TMK No. (3) 7-5-007:033. More particularly described and delineated in the attached Exhibits A and B, which are incorporated by reference; and WHEREAS, Hanama Place is a County of Hawai`i ("County") roadway that encroaches onto Lot 2 and Owner would like to resolve the encroachment by dedicating Lot 2 to the County; and WHEREAS, the Department of Public Works inspected Lot 2 and approved its dedication; the dedication was also approved by the Department of Water Supply, the Planning Department, and the Department of Environmental Management; 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; and WHEREAS, Hawai`i County Code, Section 2-162.2 states that the Council may not accept a donation of real property unless there is a finding that the acceptance of the real property is in the public interest; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that it is in the public interest to accept the dedication of Lot 2 to be used as a public roadway and the County of Hawai`i hereby accepts the dedication of Lot 2 for said purpose.