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<br /> <br /> <br /> <br /> <br /> <br /> Mtv os M <br /> <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> <br /> ~•1 Of M~~ <br /> <br /> RESOLUTION NO. 222 09 <br /> <br /> <br /> RESOLUTION ACCEPTING THE SURRENDER OF DERBY LANE (HOKU STREET TO <br /> BARENABA STREET) AND A PORTION OF WILSON STREET (DERBY LANE TO KILAUEA <br /> AVENUE), SITUATE IN THE DISTRICT OF SOUTH HILO, COUNTY AND STATE OF <br /> HAWAII, AS COUNTY ROADS. <br /> <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. <br /> <br /> WHEREAS, Derby Lane connects Barenaba Street with Hoku Street, a public roadway in Hilo <br /> (see attached); and <br /> <br /> WHEREAS, the portion of Wilson Street which is the subject to this resolution connects Derby <br /> Lane to Kilauea Avenue, a public roadway in Hilo; and <br /> <br /> WHEREAS, these roads provide the access for the inhabitants of Fairview Lots and <br /> surrounding lots which are bounded by Barenaba Street and Noio Lane; and <br /> <br /> WHEREAS, the last recorded owner of the roadways was the developer of the Fairview Lots, <br /> Colin McLennan; and <br /> <br /> WHEREAS, it has been assumed that these roads had been previously dedicated to the County <br /> and the County has been maintaining these roads; and <br /> <br /> WHEREAS, these roads provide the only legal access to Barenaba Street and Noio Lane, which <br /> are County-owned roads; and <br /> WHEREAS, the owner cannot be located to dedicate these roadways; and <br /> <br /> WHEREAS, no person has exercised any act of ownership over these roads for more than five <br /> years; and <br /> <br /> WHEREAS, these roads have fallen into a state of disrepair; and <br /> WHEREAS, Hawaii Revised Statutes, Section 264-1(c)(2), provides: "Surrender of public <br /> <br /> highways or trails shall be deemed to have taken place if no act of ownership by the owner of the road, <br /> alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case <br />