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JMYY Os................... COUNTY OF HAWAII • �.' �• .. STATE OF HAWAII .k, My -0,. RESOLUTION NO. 23 13 RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOT 9645-B-15 A PORTION OF TAX MAP KEY: (3) 1-6-152:015 (POR), (ULUPONO CENTER, PHASE III SUBDIVISION, ULUPONO STREET) SITUATE AT KEAAU, DISTRICT OF PUNA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM FOSTER KERN, LLC. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Foster Kern, LLC is the owner of Lot 9645-B-15, containing an area of 1.472 acres, respectively, identified as a portion of Tax Map Key: (3) 1-6-152:015(por.), (Ulupono Center Phase III Subdivision, Ulupono Street) situate at Keaau, in the District of Puna, Island and County of Hawai`i, State of Hawai`i, as delineated on Exhibit "A" attached; and WHEREAS, Foster Kern, LLC has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, Foster Kern, LLC is desirous of dedicating the above roadway lot, including all subdivision improvements thereon, to the County of Hawai`i for roadway purposes, and the improvements have been inspected and approved by the County of Hawai`i Department of Public Works, and received dedication approval from the Department of Water Supply, Planning Department and Department of Environmental Management; and WHEREAS, the subject road improvements have been completed according to County of Hawai`i standards, and are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawai`i County Code; and WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter, provides that the council may accept gifts, which include the dedication of land, on behalf of the County of Hawaii; now therefore,