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COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 48 U9 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DONATION OF LOT 13-C, SITUATE AT KAIWIKI 3RD, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, BEING A PORTION OF TAX MAP KEY: (3)2-9-004-028, FROM CHARLES P. CAVEDONI AND RONG HUA. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, Charles P. Cavedoni and Rong Hua are the owners of Lot 13-C, situate at Kaiwiki 3rd, District of South Hilo, County and State of Hawaii, identified as being a portion of Tax Map Key: (3)2-9-004-028, consisting of 0.018 acre, delineated on the attached map; and WHEREAS, the physical location of the roadway strays out of the homestead road right-of-way and encroaches into Chazles P. Cavedoni and Rong Hua's property; and WHEREAS, the Hakalau Homestead Road Association and the County of Hawaii entered into a Memorandum Agreement for Road Improvements for the Hakalau Homestead Road, dated October 23, 2003, which provided that the County would pave the homestead road and the Association, after surveying the road, would prepare roadway subdivisions to reflect the actual path of the road, and transfer those encroaching portions to the County of Hawaii; and WHEREAS, subdivision approval for Lot 13 was granted on October 23, 2006 on the understanding that Lot 13-C be donated to the County of Hawaii; and WHEREAS, pursuant to final subdivision approval, Charles P. Cavedoni and Rong Hua wish to donate the encroachment azea to the County of Hawaii for a public right-of-way; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Chazter provides that the Council, on behalf of the County of Hawaii, may accept gifts or donations of real property. NOW, THEREFORE, BE IT 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 the donation of Lot 13-C, situate at Kaiwiki 3rd, District of