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COUNTY OF HAWAII <br />RESOLUTION NO. <br />231 <br />STATE OF HAWAII <br />09 <br />A RESOLUTION AUTHORIZING AND THE EXTENSION OF THE GRANT OF NON- <br />EXCLUSIVE EASEMENT FOR LIMITED PUBLIC ACCESS OVER PRIVATE <br />ROADWAYS FOR TEMPORARY MAMALAHOA BYPASS THROUGH HOKULI`A <br />PHASE I AND HALEKI`I STREET, IN THE DISTRICTS OF NORTH AND SOUTH <br />KONA, ISLAND, COUNTY AND STATE OF HAWAII. <br />WHEREAS, 1250 Oceanside Partners ("Oceanside") is the owner of those certain <br />parcels located in the Districts of North and South Kona, County and State of Hawaii, and being <br />the following Tax Map Key numbers: <br />TMK: (3) 7-8-010:098, in North Kona <br />TMK: (3) 7-9-005:081, in North Kona <br />TMK: (3) 7-9-006:038, in North Kona <br />TMK: (3) 7-9-012:034, in North Kona <br />TMK: (3) 8-1-035:001 (portion), in South Kona (Haleki`i Street) <br />TMK: (3) 8-1-035:004, in South Kona <br />and more particularly described in Exhibit "1" attached hereto; and <br />WHEREAS, the Hawaii County Council authorized the County administration to enter <br />into a Development Agreement with Oceanside, dated Apri120, 1998, and rezoned certain of <br />Oceanside's lands to enable the Hokuli`a development; and <br />WHEREAS, as a condition of said Development Agreement and rezonings, as well as <br />pursuant to the Agreement for Regional Traffic Improvements dated September 16, 1999, <br />Oceanside is legally obligated to construct a Mamalahoa Bypass Highway through Hokuli`a, <br />from Ali`i Drive in Keauhou, through an intersection with an extension makai of Haleki`i Street, <br />and continuing to a southern connection with Mamalahoa Highway in Napo`opo`o, to relieve <br />serious traffic congestion on Mamalahoa Highway; and <br />WHEREAS, Oceanside has substantially completed Phase I of said Mamalahoa Bypass <br />Highway ("Bypass Phase I"), from Keauhou going south, including the extension of Haleki`i <br />Street and its intersection with the Mamalahoa Highway Bypass, but due to factors such as the <br />injunction in Kelly, et al. v. 1250 Oceanside Partners, et al., Civil No. 00-1-0192K, and the <br />current worldwide contraction of development financing, Oceanside has not yet been able to <br />