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COUNTY OF HAWAII RESOLUTION NO. STATE OF HAWAII 91 13 RESOLUTION ACCEPTING THE DEDICATION OF A PORTION OF LOT 45 BEING A PORTION OF TAX MAP KEY: (3) 2-9-004:014 (POR.), SITUATED AT KAIWIKI, DISTRICT OF SOUTH HILO, ISLAND OF HAWAII AND STATE OF HAWAII, FROM KAHUNA FALLS, LLC, DBA KAHUNA FALLS OF MARYLAND, LLC. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, Kahuna Falls, LLC, doing business as Kahuna Falls of Maryland, LLC ("Kahuna Falls) is the owner of Lot 45, which contains a road lot with an area of 0.013 acres, more or less, respectively, identified as a portion of Tax Map Key: (3) 2-9-004:014 (por.), situated at Kaiwiki, District of South Hilo, Island and County of Hawaii, State of Hawaii, as delineated on Exhibit "A" attached; and WHEREAS, Kahuna Falls of Maryland, LLC has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, Kahuna Falls of Maryland, LLC is desirous of dedicating the above roadway lot, including all subdivision improvements thereon, to the County of Hawaii for roadway and drainage purposes, and the improvements have been inspected and approved by the County of Hawaii 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 and drainage improvements have been completed according to County of Hawaii standards, and are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawaii County Code; and WHEREAS, Section 23-10 of the Hawaii 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 Hawaii County Charter, provides that the council may accept gifts, which include the dedication of land, on behalf of the County of Hawaii. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds the subject subdivision and improvements thereon are in full compliance with the provisions of