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WHEREAS, Section 23-30 of the Hawaii County Code provides that drainage <br /> easements or drainage rights-of-way shall conform substantially with the lines of such water <br /> course, and be of such further width as will be adequate for the purpose; and <br /> WHEREAS,the Department of Public Works, the Planning Department, the Department <br /> of Water Supply and the Department of Environmental Management have no objections to the <br /> County accepting said easements herein; and <br /> WHEREAS, Section 23-56 of the Hawaii County Code provides that easements or <br /> rights-of-way for all government owned utilities including storm drains, except those under the <br /> jurisdiction of the Department of Water Supply, shall be conveyed to the County and that <br /> documents shall be delivered to the Council for acceptance; and <br /> WHEREAS, Article XIII, Section 13-12 of the Hawaii 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 Hawaii; now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it <br /> finds the subject easements have been completed and inspected thereon and are in full <br /> compliance with the provisions of Chapter 23 of the Hawaii County Code as approved by all <br /> applicable departments, and that it is in the public interest to accept the grant of easements. <br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF <br /> HAWAII,that in accordance with Section 23-56 of the Hawai`i County Code and Article XIII, <br /> Section 13-12 of the Hawaii County Charter, the County accepts the grant of easements <br /> identified as Tax Map Key No's: (3) 7-5-041:004, (3) 7-5-042:012, (3) 7-5-041:039, and (3) 7-5- <br /> 041:051; "Easement 22" over and across Lots 132-141 (por.) of the Pualani Estates Subdivision <br /> Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:010 (por.), <br /> (3) 7-5-041:011 (por.), (3) 7-5-041:024 (por.), and (3) 7-5-041:025 (por.); "Easement 24" over <br /> and across Lots 132-141 (por.) of the Pualani Estates Subdivision Phase 1 and TMK No's: (3) 7- <br /> 5-014:034 (por.), (3) 7-5-017:032 (por.), (3) 7-5-041:026 (por.), (3) 7-5-041:027 (por.), and (3) <br /> 7-5-041:029 (por.); and "Easement 26" over and across Lots 132-141 (por.) of the Pualani <br /> Estates Subdivision Phase 1 and TMK No's: (3) 7-5-014:034 (por.), (3) 7-5-017:032 (por.), (3) <br /> 7-5-041:030 (por.), and (3) 7-5-041:031 (por.) for drainage, utility, and/or pedestrian access <br /> purposes from Schuler Homes. <br /> BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this <br /> resolution to: (1) the Honorable William P. Kenoi, Mayor of the County of Hawaii; (2) the <br /> Department of Public Works; (3) the Department of Environmental Management; (4) Deputy <br /> Corporation Counsel Ronald Kim; and (5) D.R. Horton-Schuler Homes, LLC, dba D.R. Horton- <br />