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COUNTY OF HAWAII <br />STATE OF HAWAII <br />RESOLUTION NO. 135 11 <br />(DRAFT' 2) <br />RESOLUTION ACCEPTING THE DEDICATION OF A PORTION OF ROAD LOTS R -1, R -2, R -3, <br />R -4 and R -5, BEING A PORTION OF TAX MAP KEY: (3)7 -7 -029: POR. 31, SITUATED AT <br />LA'ALOA 1ST, LA'ALOA 2ND AND KAPALAALAEA 1ST, DISTRICT OF NORTH KONA, <br />COUNTY AND STATE OF HAWAII, (ALI`I HEIGHTS, UNIT 2, PHASE III) FROM TOWNE <br />KEAUHOU LLC. <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />WHEREAS, Towne Keauhou LLC is the owner of Road Lots R -1, R -2, R -3, R -4 and R -5, <br />portions of which contains an area of 40,113 square feet, 40,901 square feet, 20,192 square feet, <br />14,303 square feet and 8,567 square feet, more or less, respectively, identified as a portion of Tax Map <br />Key: (3) 7 -7 -029: por. 31, situated at La'aloa 1st, La'aloa 2nd and Kapalaalaea 1St, district of North <br />Kona, County and State of Hawai`i, (Ali`i Heights, Unit 2, Phase III) as delineated on Exhibit "A" <br />attached; and <br />WHEREAS, Towne Keauhou LLC has constructed all subdivision improvements and received <br />final subdivision approval; and <br />WHEREAS, Towne Keauhou LLC is desirous of dedicating the above roadway lots, including <br />all subdivision improvements thereon, to the County of Hawai`i for road and drainage purposes, and <br />the improvements have been inspected and approved by the County of Hawai`i Department of Public <br />Works, and received dedication approval from the Department of Water Supply, Planning Department <br />and Department of Environmental Management; and <br />WHEREAS, the subject road and drainage improvements have been completed according to <br />County of Hawai`i standards, and are in acceptable condition for dedication, and in full compliance <br />with the provisions of Chapter 23 of the Hawai`i County Code; and <br />WHEREAS, Section 23 -10 of the Hawai`i County Code prohibits the Council from receiving <br />by dedication any streets in any subdivision platted after December 2, 1966 except upon full <br />compliance with the provisions of Chapter 23; and <br />WHEREAS, Article XIII, Section 13 -12 of the Hawai`i County Charter, provides that the <br />council may accept gifts, which include the dedication of land, on behalf of the County of Hawai`i. <br />