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J,<V Os M ''' COUNTY OF HAWAII I Ak.' ='li STATE OF HAWAII ' • � O RESOLUTION NO. 351 10 A RESOLUTION AUTHORIZING AND RATIFYING THE AMENDMENT 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 Hawai `i, and being the following Tax Map Key numbers: TMK: (3) 7 -8- 010:098, in North Kona TMK: (3) 7- 9- 005:081, in North Kona TMK: (3) 7 -9- 006:038, in North Kona TMK: (3) 7 -9- 012:034, in North Kona TMK: (3) 8 -1- 035:001 (portion), in South Kona (Haleki`i Street) TMK: (3) 8- 1- 035:004, iii South Kona; and 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 1 of said Mamalahoa Bypass Highway ( "Bypass Phase 1 "), 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