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M•v os� COUNTY OF HAWAI`I STATE OF HAWAI`I RESOLUTION NO.546 26 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A RIGHT -OF - ENTRY AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF TRANSPORTATION, TO ACCESS A PORTION OF TAX MAP KEY NO. (3) 2-9- 002:080 FOR THE HAKALAU STREAM BRIDGE REHABILITATION PROJECT. WHEREAS, Section 46-7 of the Hawaii Revised Statutes requires the consent of the Council in order for the County to enter into an agreement with the federal government or any other public body respecting action to be taken pursuant to any of the powers granted to the County by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers; and WHEREAS, the County owns a certain property designated as Construction Parcel C7, identified as being a portion of Tax Map Key No. (3) 2-9-002:080, situated at Kama`e`e, North Hilo, and Hakalau-Nui, South Hilo (hereinafter, the "Property"), as depicted on "Exhibit A", which is attached hereto; and WHEREAS, the State of Hawaii, Department of Transportation (hereinafter, "HDOT") requires access to the Property to commence construction of the highway project known as the Hawaii Belt Road, Hakalau Stream Bridge Rehabilitation, Federal Aid Project No. BR-019-2 (75) (hereinafter, the "Project"); and WHEREAS, the Department of Public Works requests that a right -of -entry be granted to HDOT to allow access to the Property so the Project may proceed without delay; and WHEREAS, the Project aims to ensure that Hakalau Stream Bridge can better withstand the increasing frequency and intensity of extreme weather events and continue to provide a reliable evacuation route; and WHEREAS, granting the right -of -entry is in the public's best interest as it advances the construction, preservation, and protection of the Project; now, therefore,