RES 297 Draft 01 2008-2010 - Laserfiche WebLink

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COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 297 10 A RESOLUTION AUTHORIZING THE EXTENSION OF THE GRANT OF NON - EXCLUSIVE EASEMENT FOR LIMITED PUBLIC ACCESS OVER PRIVATE ROADWAYS FOR TEMPORARY MAMALAHOA BYPASS THROUGH HOKULI`A PHASE I AND HALEKI`I STREET, IN THE DISTRICTS OF NORTH AND SOUTH KONA, ISLAND, COUNTY AND STATE OF HAWAII. WHEREAS, 1250 Oceanside Partners ( "Oceanside ") is the owner of those certain parcels located in the Districts of North and South Kona, County and State of Hawaii, and being the following Tax Map Key numbers: TMK: (3) 7 -8- 010:098, TMK: (3) 7 -9- 005:081, TMK: (3) 7 -9- 006:038, TMK: (3) 7- 9- 012:034, TMK: (3) 8 -1- 035:001 TMK: (3) 8 -1- 035:004, and in North Kona in North Kona in North Kona in North Kona (portion), in South Kona ( Haleki'i Street) in South Kona; WHEREAS, the Hawaii County Council authorized the County administration to enter into a Development Agreement with Oceanside, dated April 20, 1998, and rezoned certain of Oceanside's lands to enable the Hokuli'a development; and WHEREAS, as a condition of said Development Agreement and rezonings, as well as pursuant to the Agreement for Regional Traffic Improvements dated September 16, 1999, Oceanside is legally obligated to construct a Mamalahoa Bypass Highway through Hokuli'a, from Ali'i Drive in Keauhou, through an intersection with an extension makai of Haleki'i Street, and continuing to a southern connection with Mamalahoa Highway in Napo'opo'o, to relieve serious traffic congestion on Mamalahoa Highway; and WHEREAS, Oceanside has substantially completed Phase I of said Mamalahoa Bypass Highway ( "Bypass Phase I "), from Keauhou going south, including the extension of Haleki'i Street and its intersection with the Mamalahoa Highway Bypass, but due to factors such as the injunction in Kelly, et al. v. 1250 Oceanside Partners, et al., Civil No. 00- 1- 0192K, and the