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<br />( <br />). <br /> <br />( <br /> <br />~\ <br /> <br />WHEREAS, the County of Hawaii, through its Department of <br />Public Works, finds that the subject right-of-way is v~c~ted,. <br />closed, abandoned or otherwise discontinued, and is economically' <br />and physically unsuitable or undesirable for development or <br /> <br />utilization as a separate unit by reason of size, location and <br /> <br />shape; <br /> <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY <br /> <br />. <br />OF HAWAII that the subject right-of-way, as delineated in red on <br />the map attached hereto and marked Exhibit -A,- is declared to be <br />a remnant because it is a vacated, closed, abandoned and otherwise <br />discontinued right-of-way which is physically and economically <br />unsuitable or undesirable for development or utilization by reason <br /> <br />of location, size and shape, pursuant to Hawaii County Code 52-110. <br />BE IT FURTHER RESOLVED that, inasmuch as the subject <br />right-of-way is a remnant, the County of Hawaii is hereby <br />authorized to sell the sUbject right-of-way without recourse to <br />public auction in the manner set forth in Hawaii County <br /> <br />. . <br />Code 52-llS, to Riverview Development Partners, the abutting owner. <br />BE IT FURTHER RESOLVED that said sale of ,the sUbject <br />right-of-way shall include the following conditions: <br />1. That there shall .be reserved a utility easement for the <br />entire length of the subject right-of-way for the benefit of The <br />Gas Company, for the purpose of maintaining utility service; and <br />2. That Riverview Development Partners, the buyer of the <br />subject right-of-way, be required to assume the entire cost of <br /> <br />-2- <br />