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OS. COUNTY OF HAWAII STATE OF HAWAII •r�Tf os•N►'M'"" RESOLUTION NO. 1-30 13 RESOLUTION ACCEPTING A GRANT OF NON-EXCLUSIVE UTILITY EASEMENT OVER A PORTION OF TAX MAP KEY 7-3-065:014 AND 015 SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND OF HAWAII AND STATE OF HAWAII, FROM KOHANAIKI SHORES LLC. WHEREAS, Kohanaiki Shores LLC ("KOH") is the owner of Lots 34 and 35 on File Plan 2463 and identified on Tax Map Keys: (3) 7-3-065:014 (por.), 015 (por.) situated at Kohanaiki, District of North Kona, Island and County of Hawai`i, State of Hawai`i, (the "Property'); and WHEREAS, pursuant to the Good Faith Agreement Re Kohanaiki dated August 13, 2003 ("Good Faith Agreement"), conditions 11 and 12 of Special Management Area Use Permit No. 439 dated December 1, 2003 ("SMA No. 439"), and in accordance with Condition "S" of Ordinance No. 88-159 effective November 7, 1988, KOH is dedicating certain public park facilities and property more particularly designated as Lot 108 on File Plan 2463 and identified as Tax Map Key 7-3-063:012 ("Park Area"); and WHEREAS, certain water lines run across the Property to the Park Area and therefore it is necessary that the County has access to those water lines; and WHEREAS, KOH is desirous of granting to the County a perpetual non-exclusive easement to access, maintain and repair the water lines located upon that portion of the Property more particularly described on Exhibit "A" and Exhibit"B" and more particularly depicted on Exhibit"C" and Exhibit"D" attached hereto; and WHEREAS, pursuant to Hawai`i County Code Section 2-162.1 and 2-162.2 the County of Hawai`i Planning Department, Department of Public Works, Department of Parks and Recreation, Department of Water Supply, Department of Environmental Management and Real Property Tax Office have been consulted, performed all necessary inspections, and recommend approval and acceptance of the dedication; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of real estate or any interest in real estate; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds that it is in the public interest to accept the utility easement as described herein.