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COUNTY OF HAWAII -+: �e*• STATE OF HAWAII RESOLUTION NO. 410 16 A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAYS FOR PUALANI ESTATES SUBDIVISION PHASE 3, BEING TMK NO'S: (3) 7-5-041:112, (3) 7-5-041:113, (3) 7-5-041:114, (3) 7-5-041:115 AND (3) 7-5-043:164, SITUATED AT PUAPUAAIKI 1ST, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM D.R. HORTON— SCHULER HOMES, LLC, A DELAWARE LIMITED LIABILITY COMPANY, dba D.R. HORTON-SCHULER DIVISION. WHEREAS, D.R. Horton— Schuler Homes, LLC, a Delaware limited liability company, dba D.R. Horton-Schuler Division (hereinafter"Schuler Homes"), is the fee simple owner of those certain roadway parcels of land for Pualani Estates Subdivision Phase 3, situated at Puapuaaiki 1St, District of North Kona, Island and County of Hawai`i, State of Hawai`i, identified as TMK No's: (3) 7-5-041:112, (3) 7-5-041:113, (3) 7-5-041:0114, (3) 7-5-041:115 and (3) 7-5- 043:164 (hereinafter collectively"roadways), as described in Exhibit "A" and delineated on Exhibit "B"which are attached hereto and made a part hereof; and WHEREAS, Schuler Homes has constructed all subdivision improvements and received final subdivision approval for the Pualani Estates Subdivision Phase 3, including the roadways; and WHEREAS, Schuler Homes is desirous of dedicating the above roadways and all improvements thereon to the County of Hawai`i for road purposes, and the roadways and improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Department of Water Supply, the Planning Department and the Department of Environmental Management; and WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the County of Hawai`i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it finds the subject roadways and improvements thereon are in full compliance with the provisions of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies, and that it is in the public interest to accept such dedication. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and