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WHEREAS, the adjacent landowner expressed that it is not interested in this parcel due <br />to the environmental liability it poses; and <br />WHEREAS, pursuant to Section 2-118(d), Hawaii County Code, disposition costs may <br />be added to the sales price; now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the <br />remnant parcel located in Waiakea, District of South Hilo, consisting of approximately 733 <br />square feet, as depicted on Exhibit "A," is declared to be abandoned and otherwise discontinued <br />use, that it is physically and economically unsuitable or undesirable for development or <br />utilization as a separate unit by reason of its location, size and shape, and is hereby declared a <br />remnant parcel as set forth in Section 2-110, Hawaii County Code, and pursuant to Hawaii <br />County Code Sections 2-111 and 2-118, authorizes the Director of Finance to dispose of this <br />parcel by sale to Hoku Kai Biofuels, LLC without recourse to public auction. <br />BE IT FURTHER RESOLVED, that the conveyance to Hoku Kai Biofuels, LLC <br />contain a perpetual covenant that reasonable access be granted to any entity authorized by the <br />State of Hawaii to use this fuel pipeline. <br />BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor <br />William P. Kenoi; (2) Director of Finance; (3) Craig T. Masuda, Deputy Corporation Counsel, <br />Office of the Corporation Counsel; and (4) Hoku Kai Biofuels, LLC. <br />Dated at Hilo , Hawai`i, this 1st day of April , 2015. <br />INTRODUCED BY: <br />COUNCIL MEMAOR, COUNTY OF HAWAII <br />COUNTY COUNCIL <br />County of Hawaii <br />Hilo, Hawaii <br />I hereby certify that the foregoing RESOLUTION was by <br />the vote indicated to the right hereof adopted by the COUNCIL of the <br />County of Hawaii on April 1, 2015 <br />ATTEST: <br />COUNTY CLERK <br />CHAIRPERSON & PRESIDING OFFICER <br />2 <br />ROLL CALL VOTE <br />Reference: C-168/FC-13 <br />RESOLUTION NO. 10 4 15 <br />AYES NOES <br />ABS EX <br />CHUNG <br />X <br />DAVID <br />EOFF <br />X <br />ILAGAN <br />X <br />KANUHA <br />X <br />ONISHI <br />X <br />PALEKA <br />X <br />POINDEXTER <br />WILLE <br />X <br />8 0 <br />1 0 <br />Reference: C-168/FC-13 <br />RESOLUTION NO. 10 4 15 <br />