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COUNTY OF HAWAII •��� .• STATE OF HAWAII
<br /> RESOLUTION NO. 129 13
<br /> RESOLUTION (1) ACCEPTING THE DEDICATION OF LOTS 108, 109, 111 AND 112
<br /> ON FILE PLAN 2463 BEING TAX MAP KEYS: 3-063:012, 013; 7-3-064:021, 022,
<br /> SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAII
<br /> AND STATE OF HAWAII, FROM KOHANAIKI SHORES LLC; (2) AUTHORIZING
<br /> THE GRANTING OF AN EXCLUSIVE EASEMENT TO KOHANAIKI SHORES LLC
<br /> OVER LOTS 108 (POR.), 109, 111 AND 112 ON FILE PLAN NO. 2463 AND TAX MAP
<br /> KEYS 7-3-063:012 (POR.), 013; 7-3-064: 021, 022, SITUATED AT KOHANAIKI,
<br /> DISTRICT OF NORTH KONA, ISLAND, COUNTY AND STATE OF HAWAII; AND
<br /> (3) ACCEPTING A GRANT OF PUBLIC ACCESS EASEMENT FROM KOHANAIKI
<br /> SHORES LLC BEING A PORTION OF GRANT 3086 TO KAPENA AFFECTING LOT
<br /> 107 AND A PORTION OF ROAD LOT A OF THE SHORES AT KOHANAIKI RESORT
<br /> SUBDIVISION AS SHOWN ON FILE PLAN NO. 2463, AND A PORTION OF GRANT
<br /> 2942 TO HULIKOA, AFFECTING A PORTION OF PARCEL 4 BEING TAX MAP KEY
<br /> 7-3-009:016 (POR.); 7-3-063:011, 014 (POR.) SITUATED AT KOHANAIKI, DISTRICT
<br /> OF NORTH KONA, ISLAND OF HAWAII AND STATE OF HAWAII, FROM
<br /> KOHANAIKI SHORES LLC.
<br /> WHEREAS, Kohanaiki Shores LLC ("KOH") is the owner of Lots 108, 109, 111 and
<br /> 112 which contain areas of approximately 38.139 acres, 63.240 acres, 3.050 acres and 1.648
<br /> acres, respectively, on File Plan 2463 being Tax Map Keys: 7-3-063:012, 013; 7-3-064:021, 022,
<br /> respectively, situated at Kohanaiki, District of North Kona, Island and County of Hawai`i, State
<br /> of Hawai`i, as delineated on Exhibit "A" attached hereto; and
<br /> WHEREAS, pursuant to the Good Faith Agreement Re Kohanaiki dated August 13,
<br /> 2003 ("Good Faith Agreement"), conditions 11 and 12 of Special Management Area Use Permit
<br /> No. 439 dated December 1, 2003 ("SMA No. 439"), and in accordance with Condition"S" of
<br /> Ordinance No. 88-159 effective November 7, 1988, KOH has constructed certain public park
<br /> facilities and is desirous of dedicating the above referenced lots inclusive of certain easements,
<br /> encumbrances and reservations to the County of Hawai`i for public park purposes; and
<br /> WHEREAS, pursuant to Hawai`i County Code Section 2-162.1 the County of Hawai`i
<br /> Planning Department, Department of Public Works, Department of Parks and Recreation,
<br /> Department of Water Supply, Department of Environmental Management and Real Property Tax
<br /> Office have been consulted, performed all necessary inspections, and recommend approval and
<br /> acceptance of the dedication; and
<br /> WHEREAS, pursuant to the Good Faith Agreement, and SMA No. 439, KOH is to retain
<br /> an exclusive easement to operate and maintain a golf course and golf safety zone, and a
<br /> resident's beach facility; and
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