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�;MYVOFI�=•;i COUNTY OF HAWAII STATE OF HAWAII . try c • ►'e RESOLUTION NO. 234 12 RESOLUTION ACCEPTING THE GRANT OF EASEMENT FROM KAUPAKUEA FARMS, LLC FOR PUBLIC ACCESS PURPOSES. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, KAUPAKUEA FARMS, LLC is the owner of the real property identified by Tax Map Key: (3) 2-8-003:001, situated in Makahanaloa, District of South Hilo, County and State of Hawai`i; WHEREAS, KAUPAKUEA FARMS, LLC was issued Tentative Approval for subdivision of their parcel into 6 lots (SUB 11-001057), which included a condition of Final Approval requiring the subdivider to develop and implement a public access plan per Chapter 34, Hawaii County Code, to provide pedestrian and vehicular public access that connects to the Hilo Forest Reserve. WHEREAS, the County of Hawai`i would like to acquire public access to the Hilo Forest Reserve; WHEREAS, Kaupakuea Homestead Road Extension, a County of Hawaii road, is located adjacent to the grantor's property and ends approximately 805 feet from the Hilo Forest Reserve; WHEREAS, KAUPAKUEA FARMS, LLC is desirous of granting the County of Hawai`i a pedestrian and vehicular easement, which easement is more particularly described and delineated in Exhibit"1" attached hereto as a Grant of Public Access Easement for Public Access Purposes; 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 money, securities or other personal property or of real estate or any interest in real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, the County of Hawai`i accepts the grant of Easements described and delineated in Exhibit"1" attached hereto, from KAUPAKUEA FARMS, LLC. - 1 -