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COUNTY OF HAWAII <br />RESOLUTION NO. <br />STATE OF HAWAII <br />104 15 <br />RESOLUTION AUTHORIZING THE ABANDONMENT AND SALE OF THAT <br />CERTAIN PARCEL, TAX MAP KEY (3) 2-1-009:037 SITUATED AT WAIAKEA, <br />DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAII, TO HOKU KAI <br />BIOFUELS, LLC. <br />WHEREAS, the County of Hawaii ("County") is the owner of the remnant parcel <br />situated at Waiakea, District of South Hilo, County and State of Hawaii, Tax Map Key <br />(3) 2-1-009:037 which encompasses approximately 733 square feet near the Hilo Wharf acquired <br />by Deed dated July 25, 1945, a copy of which is attached as Exhibit A; and <br />WHEREAS, Hoku Kai Biofuels, LLC, has acquired interest in the fuel pipeline running <br />from the State of Hawaii Department of Harbors through the County's 733 square foot parcel to <br />the State of Hawaii Department of Transportation through to the Kalaniana`ole Avenue tank <br />farm; and <br />WHEREAS, the County's 733 square foot parcel contains a portion of the fuel pipeline, <br />vault, and valve system, therefore any conveyance of this parcel should include the perpetual <br />covenant that reasonable access be granted to any entity authorized by the State of Hawaii to use <br />this fuel pipeline; and <br />WHEREAS, the Departments of the County have no use for this remnant parcel which <br />poses a risk to the County should fuel from this pipeline, vault or valve system leak; and <br />WHEREAS, real property tax appraisal of the parcel is at $4,837.80; and <br />WHEREAS, the County finds that this parcel is economically and physically unsuitable <br />or undesirable for development or utilization as a separate unit by reason of its location, size, and <br />shape, and by definition is a remnant parcel in accordance with Section 2-110, Hawaii County <br />Code; and <br />WHEREAS, pursuant to Section 2-111 of the Hawaii County Code, the Council may <br />direct the Director of Finance to dispose of real property in fee simple; and <br />WHEREAS, pursuant to Section 2-118, Hawaii County Code, remnants or portions <br />thereof may be disposed of without recourse to public auction and shall be first offered for sale <br />to the abutting landowner; and <br />