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••J�<Y^Os M,. <br /> •A!\ <br /> COUNTY OF HAWAII -•: ` =� �• STATE OF HAWAII <br /> ef,TE OF N'�' <br /> RESOLUTION NO. 409 16 <br /> A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAYS FOR PUALANI <br /> ESTATES SUBDIVISION PHASES 1 AND 2, BEING TMK NO'S: (3) 7-5-042:151 (POR.) <br /> AND (3) 7-5-043:128 (POR.), SITUATED AT PUAPUAAIKI AND PUAPUAANUI, <br /> DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF <br /> HAWAII FROM D.R. HORTON—SCHULER HOMES, LLC, A DELAWARE LIMITED <br /> LIABILITY COMPANY, dba D.R. HORTON-SCHULER DIVISION. <br /> WHEREAS, D.R. Horton— Schuler Homes, LLC, a Delaware limited liability company, <br /> dba D.R. Horton-Schuler Division (hereinafter"Schuler Homes"), is the fee simple owner of <br /> those certain roadway parcels of land for Pualani Estates Subdivision Phases 1 and 2, situated at <br /> Puapuaaiki and Puapuaanui, District of North Kona, Island and County of Hawai`i, State of <br /> Hawai`i, identified as TMK No's: (3) 7-5-042:151 (por.) and (3) 7-5-043:128 (por.) (hereinafter <br /> collectively"roadways"), as described in Exhibit "A" and delineated on Exhibit"B", which are <br /> attached hereto and made a part hereof; and <br /> WHEREAS, Schuler Homes has constructed all subdivision improvements and received <br /> final subdivision approval for the Pualani Estates Subdivision Phases 1 and 2, including the <br /> roadways; and <br /> WHEREAS, Schuler Homes is desirous of dedicating the above roadways and all <br /> improvements thereon to the County of Hawai`i for road purposes, and the roadways and <br /> improvements have been inspected and approved by the Department of Public Works, and <br /> received dedication approval from the Department of Water Supply, the Planning Department <br /> and the Department of Environmental Management; and <br /> WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from <br /> receiving by dedication any streets in any subdivision platted after December 2, 1966 except <br /> upon full compliance with provisions of Chapter 23; and <br /> WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the <br /> Council may accept gifts, including real estate or any interest in real estate, on behalf of the <br /> County of Hawai`i; now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it <br /> finds the subject roadways and improvements thereon are in full compliance with the provisions <br /> of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies, <br /> and that it is in the public interest to accept such dedication. <br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF <br /> HAWAII, accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and <br />