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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 153 11 RESOLUTION ACCEPTING GRANT OF EASEMENT AND BILL OF SALE FOR SEWER FACILITIES FOR ALI`I HEIGHTS SUBDIVISION, UNIT 1, PHASES I THRU III, DISTRICT OF KONA, ISLAND OF HAWAII, STATE OF HAWAII, FROM TOWNE KEAUHOU LLC. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Towne Keauhou LLC is the owner of certain easements, as well as the sanitary sewer system, including all sanitary sewer pipelines, equipment, structures, and other related facilities and appurtenances attached thereto (hereinafter "sewer facilities ") installed and in existence on and under the premises at Ali`i Heights Subdivision, Unit 1, Phases I thru III, and more fully described in Exhibit A, and depicted on Exhibits B -1 thru B -3 attached hereto; and WHEREAS, Towne Keauhou LLC is desirous of granting the County of Hawaii the easements and sewer facilities found on the premises described in Exhibit A, and depicted on Exhibits B -1 thru B -3 attached hereto; and WHEREAS, the sewer facilities have been inspected and found to be in acceptable condition and are in compliance with the provisions of Chapter 21 of the Hawaii County Code; and WHEREAS, the Department of Public Works and Department of Environmental Management have no objection to the acceptance of this sewer system; and WHEREAS, Article XIII, Section 13 -12 of the Hawaii County Charter provides that the Council, on behalf of the County of Hawaii, may accept gifts or donations of money, securities or other personal property or of real estate, or any interest, in real estate. 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, and Chapter 21 of the Hawaii County Code, the County of Hawaii finds that it is in the public interest to accept, and hereby accepts, the grant of perpetual easement and bill of sale for all portions of the sewer facilities found on the premises described in Exhibit A and depicted on Exhibits B -1 thru B- 3 attached hereto.