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COUNTY OF HAWAII RESOLUTION NO. X25 STATE OF HAWAII ~~~ RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT 13-M, IDENTIFIED AS TAX MAP KEY: (3)4-3-011:060, SITUATE AT PA`AUILO, DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, FROM TRUSTEE DAVID S. DE LUZ, SR. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, DAVID S. DE LUZ, SR., Trustee of the David S. De Luz, Sr. Trust dated October 23, 1991, is the owner of Lot 13-M, containing an azea of 0.445 acre, identified as Tax Map Key: (3)4-3-011:060, situate at Pa`auilo, in the District of Hamakua, County and State of Hawaii, (see Exhibits "A" and "B" attached hereto); and WHEREAS, Condition 3(a) of subdivision approval for SUB 2003-0064 requires that any portions of the existing Pa`auilo Mauka Road that encroaches into Trustee De Luz's property be dedicated to the County; and WHEREAS, Trustee De Luz is desirous of dedicating the subject roadway, including all improvements thereon, to the County of Hawaii for road and drainage purposes, and the improvements have been inspected and approved by the County of Hawaii Department of Public Works, Planning Department, and the Department of Water Supply; and WHEREAS, the subject road and drainage improvements are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the council may accept gifts, which include the dedication of land on behalf of the County of Hawai `i. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the County of Hawaii accepts Lot 13-M, containing an area of 0.445 acre, situate at Pa`auilo, in the District of Hamakua, County and State of Hawaii, more particularly