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JN�V uF�:4y COUNTY OF HAWAII STATE OF HAWAII �f fITMO i '\.• ' �r�OFM►'�- RESOLUTION NO. 414 16 A RESOLUTION ACCEPTING A BILL OF SALE FOR SEWER FACILITIES INSTALLED ON 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 FOR PUALANI ESTATES SUBDIVISION PHASE 3, 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 owner of the sewer system including all pipelines, valves, valve boxes, sewer manholes, cleanouts, service laterals and other appurtenances attached thereto (hereinafter collectively"sewer facilities") now installed and in existence on those certain parcels of land situated at Puapuaaiki 1st, District of North Kona, identified as 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, as described in Exhibit"A", and delineated on Exhibit "B" attached hereto and made a part hereof; and WHEREAS, Schuler Homes is desirous of granting the County of Hawai`i the sewer facilities; and WHEREAS, Section 21-19 of the Hawai`i County Code provides that all sewage works found acceptable by the Director of the Department of Environmental Management shall become the property of the County; and WHEREAS, the Department of Environmental Management has inspected the sewer facilities and found said sewer facilities to be in acceptable condition in compliance with the provisions of Chapter 21, Sewers, of the Hawai`i County Code; and WHEREAS, the Department of Public Works, the Planning Department, the Department of Water Supply and the Department of Environmental Management have no objections to the acceptance of these sewer facilities; and WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from taking over any sewer lines in any subdivision platted after December 2, 1966 except upon full compliance with the 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,