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WHEREAS, the County of Hawaii finds that the portion of the drainage ditch right-of- <br />way that crosses over Tax Map Key: (3) 4-4-008:019, is economically and physically unsuitable <br />or undesirable for development or utilization as a separate unit by reason of its location, size and <br />shape, and by definition is a remnant in accordance with Section 2-110, Hawaii County Code; <br />and <br />WHEREAS, pursuant to Section 2-111 of the Hawaii County Code, the Council may <br />direct the Finance Director or Director of Public Works to dispose of real property in fee simple; <br />and <br />WHEREAS, pursuant to Section 2-118, Hawaii County Code, remnants or portions <br />thereof may be disposed of without recourse to public auction and shall be first offered for sale <br />to the abutting landowner; and <br />WHEREAS, pursuant to Section 2-118(d), Hawaii County Code, disposition costs may <br />be added to the sales price; and <br />WHEREAS, as a condition of the sale of this portion of the drainage ditch right-of-way <br />from the County to the owner of TMK (3) 4-4-008:019, the County Council is requiring the <br />property owner to sell to the County a fifteen (15) feet wide non-exclusive drainage easement <br />(approximately 0. 143 acres) as depicted on Exhibit "A" as "D-1 ", and a fifteen (15) feet wide <br />non-exclusive access easement (approximately 0.026 acres) as depicted on Exhibit "A" as "E-1"; <br />now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the <br />portion of the drainage ditch right-of-way, TMK (3) 4-4-008:064 which crosses over TMK (3) 4- <br />4-008:019, as depicted on Exhibit "A," is declared to be abandoned, that it is physically and <br />economically unsuitable or undesirable for development or utilization as a separate unit by <br />reason of its location, size and shape, and is hereby declared a remnant as set forth in Section <br />2-110, Hawaii County Code, and pursuant to Sections 2-111 and 2-118, authorizes the Finance <br />Director or the Director of Public Works to dispose of that portion of the drainage ditch right-of- <br />way, TMK (3) 4-4-008:064 which crosses over TMK (3) 4-4-008:019, as depicted on Exhibit <br />"A," by sale to the landowner of TMK (3) 4-4-008:019, without recourse to public auction, <br />subject to the following: 1)Anne Olson to sell to the County a fifteen (15) feet wide non- <br />exclusive drainage easement (approximately 0. 143 acres) as depicted on Exhibit "A" as "D-1 <br />and a fifteen (15) feet wide non-exclusive access easement (approximately 0.026 acres) as <br />2 <br />