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COUNTY OF HAWAII • k-'Vi•'- STATE OF HAWAII • RESOLUTION NO. 86 11 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DONATION OF LOT 20 -C, SITUATED AT KAIWIKI 3RD, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, BEING A PORTION OF TAX MAP KEY: (3)2 -9- 004 -020, FROM AMY L. DUNN. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, Amy L. Dunn is the owner of Lot 20 -C, situated at Kaiwiki 3rd, District of South Hilo, County and State of Hawai`i, identified as being a portion of Tax Map Key: (3)2 -9- 004 -020, consisting of 0.191 acre, delineated on the attached map; and WHEREAS, the physical location of the roadway strays out of the homestead road right -of -way and encroaches into Amy L. Dunn's property; and WHEREAS, the Hakalau Homestead Road Association and the County of Hawai`i entered into a Memorandum Agreement for Road Improvements for the Hakalau Homestead Road, dated October 23, 2003, which provided that the County would pave the homestead road and the Association, after surveying the road, would prepare roadway subdivisions to reflect the actual path of the road, and transfer those encroaching portions to the County of Hawai`i; and WHEREAS, subdivision approval for Lot 20 was granted on October 23, 2006 with the understanding that Lot 20 -C be donated to the County of Hawai`i; and WHEREAS, pursuant to final subdivision approval, Amy L. Dunn wishes to donate the encroachment area to the County of Hawai`i for a public right -of -way and such donation has been approved by the Department of Public Works, Department of Water Supply, Planning Department and Department of Environmental Management; and WHEREAS, Article XIII, Section 13 -12 of the Hawai`i County Charter provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of real property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in accordance with Article XIII, Section 13 -12 of the Hawai`i County Charter, the County of Hawai`i accepts the donation of Lot 20 -C, situated at Kaiwiki 3rd, District of