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WHEREAS, in compliance with and pursuant to the terms of the Good Faith Agreement
<br /> and SMA No. 439, the County Council finds substantial reason to grant an exclusive easement to
<br /> KOH without resort to public auction, over Lots 108 (por.), 109, 111 and 112 on File Plan No.
<br /> 2463 and Tax Map Keys 7-3-063:012 (por), 013; 7-3-064:021, 022, situated at Kohanaiki,
<br /> District of North Kona, Island and County and State of Hawai`i, as depicted in Exhibit "B"
<br /> attached hereto inclusive of certain easements, encumbrances and reservations; and
<br /> WHEREAS, KOH is the owner of a portion of Grant 3086 to Kapena affecting Lot 107,
<br /> Road Lot A on File Plan 2463, and a portion of Grant 2942 to Hulikoa, affecting a portion of
<br /> Parcel 4, said lots being further shown on Tax Map Keys 7-3-009:016 (por.); 7-3-063:011, 014
<br /> (por.), Third Division, being situated at Kohanaiki, District of North Kona, Island and County of
<br /> Hawai`i, State of Hawai`i; and
<br /> WHEREAS, pursuant to the Good Faith Agreement, conditions 11, 12, 14 and 33 of
<br /> SMA No. 439 and in accordance with the Kohanaiki Public Access Plan approved by the
<br /> Planning Department on October 19, 2004 ("Public Access Plan"), KOH has constructed an
<br /> access road to the public park from Queen Ka`ahumanu Highway and is desirous of dedicating a
<br /> public access easement over Lot 107, and a portion of Road Lot A of the Shores at Kohanaiki
<br /> Resort Subdivision as shown on File Plan No. 2463, and a portion of Grant 2942 to Hulikoa,
<br /> affecting a portion of Parcel 4, as depicted on Exhibit"C" attached hereto; and
<br /> WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter, provides that
<br /> the Council may accept gifts, which include the dedication of land, on behalf of the County of
<br /> Hawai`i; now, therefore,
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
<br /> finds that it is in the public interest to accept such dedications and easement and grant the
<br /> exclusive easement all as described herein.
<br /> BE IT FURTHER RESOLVED that in accordance with Article XIII, Section 13-12 of
<br /> the Hawai`i County Charter, Hawai`i County Code Section 2-162.1, the Good Faith Agreement
<br /> and SMA No. 439, that the County of Hawai`i (1) accepts the dedication of Lots 108, 109, 111
<br /> and 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 /> situated at Kohanaiki, District of North Kona, Island and County of Hawai`i, State of Hawai`i,
<br /> as delineated on Exhibit"A" inclusive of certain easements, encumbrances and reservations; (2)
<br /> Grants an exclusive easement to KOH without resort to public auction, over Lots 108 (por.), 109,
<br /> 111 and 112 on File Plan No. 2463 and Tax Map Keys 7-3-063:012 (por.), 013; 7-3-064:021,
<br /> 022, situated at Kohanaiki, District of North Kona, Island and County and State of Hawai`i as
<br /> depicted on Exhibit"B" inclusive of certain easements, encumbrances and reservations; and (3)
<br /> accepts the grant of the Public Access Easement over Lot 107, and a portion of Road Lot A of
<br /> the Shores at Kohanaiki Resort Subdivision as shown on File Plan No. 2463, and a portion of
<br /> Grant 2942 to Hulikoa, affecting a portion of Parcel 4, being a portion of Tax Map Key 7-3-
<br /> 009:016 (por.); 7-3-063:011, and 7-3-063:014 (por.) as depicted on Exhibit "C".
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