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WHEREAS, the County also owns certain rights-of-way parcels of Phase II of said <br /> Mamalahoa Bypass Highway ("South Segment") from the North Segment of the Mamalahoa <br /> Bypass Highway and Haleki`i Street extension intersection towards the southern connection with <br /> Mamalahoa Highway in Napo`opo`o; and <br /> WHEREAS, it is planned that the route of the South Segment of the Mamalahoa Bypass <br /> Highway will pass through Ikeda Trust's Land, and in anticipation thereof, Ikeda Trust and the <br /> County have agreed on an approximate location for the South Segment of the Mamalahoa <br /> Bypass Highway on Ikeda Trust's Land and as shown on Exhibit "A" attached to the <br /> Memorandum of <br /> Agreement and on certain other matters relating thereto; and <br /> WHEREAS, the County shall pay the Ikeda Trust the amount of$54,050.00 as fair and <br /> just compensation for Ikeda Trust's Land and the Ikeda Trust shall convey Lot 29 to the County <br /> in accordance with the terms and conditions of the Memorandum of Agreement; and <br /> WHEREAS, the County shall do certain improvements and other matters with its <br /> construction of the South Segment of the Mamalahoa Bypass Highway on Ikeda Trust's Land, <br /> and at no cost or expense to the IkedaTrust in accordance with Provision 4 (Specific Covenants <br /> of County) of the Memorandum of Agreement, to mitigate damages to the Ikeda Trust's Land; <br /> and . <br /> WHEREAS, the County, through its Administration or Executive Branch, is seeking <br /> approval and ratification of the Memorandum of Agreement (see attached) because there is an <br /> appropriate and valid Public Purpose, now therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the <br /> Memorandum of Agreement is approved and ratified for the acquisition of Right-of-Way Lot 29, <br /> which contains an area of 3,393 square feet, more or less, respectively, identified as Tax Map <br /> Key: (3) 8-1-009:010 (Por.), delineated in Exhibit"A" of the Memorandum of Agreement <br /> attached hereto for public road and drainage purposes. <br /> BE IT FURTHER RESOLVED that the above referenced Memorandum of Agreement <br /> and any related documents on behalf of the County of Hawai`i is approved and ratified pursuant <br /> to Article XIII, Section 13-13, of the Hawai`i County Charter 2000. <br /> 2 <br />