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Letter to J Yoshimoto, Council Chairperson <br /> and Council Members <br /> January 2, 2013 <br /> Page 2 <br /> WHEREAS, the Trustees of the Queen Lili`uokalani Trust is the owner <br /> of certain premises described in Exhibit A, and depicted on Exhibit B attached <br /> hereto, located at Keahuolu,North Kona, County and State of Hawai`i, identified <br /> as TMK No. (3) 7-4-[0]008:002 (the "subject property"), upon, under and through <br /> which the County currently owns, operates and maintains sanitary sewer <br /> pipelines, equipment, structures and other related facilities (hereinafter"sewer <br /> facilities") for the purposes of conveying wastewater from the Kealakehe Sewage <br /> Pump Station located in Kailua-Kona, Hawai`i to the Kealakehe Wastewater <br /> Treatment Plant located in Kealakehe, Hawai`i for the purposes of providing <br /> secondary wastewater treatment; and <br /> 2. In the second recital "Whereas" paragraph, add"for use of portions of the subject <br /> property for wastewater and sewer purposes" as follows: <br /> WHEREAS, the Trustees of the Queen Lili`uokalani Trust desire to grant <br /> the County of Hawai`i the sewer easements for use of portions of the subject <br /> property for wastewater and sewer purposes as described in Exhibit A, and <br /> depicted on Exhibit B attached hereto; and <br /> 3. In the third recital "Whereas" paragraph, add"for use of portions of the subject <br /> property for wastewater and sewer purposes" as follows: <br /> WHEREAS, the Department of Environmental Management recommends <br /> the acceptance of the said sewer easements for use of portions of the subject <br /> property for wastewater and sewer purposes; and <br /> 4. In the first"Be it resolved"paragraph, add "for use of portions of the subject property <br /> for wastewater and sewer purposes" as follows: <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF <br /> HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawaii <br /> County Charter, and Chapter 21 of the Hawai`i County Code, the County of <br /> Hawai`i finds that it is in the public interest to accept, and hereby accepts, the <br /> grant of easement for use of portions of the subject property for wastewater and <br /> sewer purposes for all of the sewer facilities found on the subject premises <br /> described in Exhibit A and depicted on Exhibit B attached hereto. <br /> 5. Replace the existing Exhibit "A" with the enclosed new Exhibit "A" which corrects <br /> typographical errors in "Keohokalole." <br />