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WHEREAS,pursuant to the Good Faith Agreement, and SMA No. 439, KOH is to retain
<br /> an exclusive easement to operate and maintain a golf course and golf safety zone, and a
<br /> resident's beach facility; and
<br /> WHEREAS, in compliance with and pursuant to the terms of the Good Faith Agreement
<br /> and SMA No. 439, the County Council finds substantial reason to grant an exclusive easement to
<br /> KOH without resort to public auction, over Lots 108 (por.), 109, 111 and 112 on File Plan No.
<br /> 2463 and Tax Map Keys 7-3-063:012 (por), 013; 7-3-064:021, 022, situated at Kohanaiki,
<br /> District of North Kona, Island and County and State of Hawai`i as located on Exhibit"13-1-
<br /> depicted in Exhibit "B" attached hereto, inclusive of certain easements, encumbrances and
<br /> reservations as identified in Exhibit"B-2", depicted on Exhibit"B-3", and described in Exhibit
<br /> "B-4" attached hereto; and
<br /> WHEREAS, KOH is the owner of a portion of Grant 3086 to Kapena affecting Lot 107,
<br /> Road Lot A on File Plan 2463, and a portion of Grant 2942 to Hulikoa, affecting a portion of
<br /> Parcel 4, said lots being further shown on Tax Map Keys 7-3-009:016 (por.); 7-3-063:011, 014
<br /> (por.), Third Division, being situated at Kohanaiki, District of North Kona, Island and County of
<br /> Hawai`i, State of Hawai`i; and
<br /> WHEREAS, pursuant to the Good Faith Agreement, conditions 11, 12, 14 and 33 of
<br /> SMA No. 439 and in accordance with the Kohanaiki Public Access Plan approved by the
<br /> Planning Department on October 19, 2004 ("Public Access Plan") KOH has constructed an
<br /> access road to the public park from Queen Ka`ahumanu Highway and is desirous of dedicating a
<br /> public access easement over Lot 107, and a portion of Road Lot A of the Shores at Kohanaiki
<br /> Resort Subdivision as shown on File Plan No. 2463, and a portion of Grant 2942 to Hulikoa,
<br /> affecting a portion of Parcel 4, as depicted on Exhibit "C" attached hereto; and
<br /> WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter, provides that
<br /> the Council may accept gifts, which include the dedication of land, on behalf of the County of
<br /> Hawai`i; now, therefore,
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
<br /> finds that it is in the public interest to accept such dedications and easement and grant the
<br /> exclusive easement all as described herein.
<br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF
<br /> HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter,
<br /> Hawai`i County Code Section 2-162.1, the Good Faith Agreement and SMA No. 439, that the
<br /> County of Hawai`i (1) accepts the dedication of Lots 108, 109, 111 and 112 which contain areas
<br /> of approximately 38.139 acres,63.240 acres, 3.050 acres and 1.648 acres, respectively, on File
<br /> Plan 2463 being Tax Map Keys: 7- 3-063:012, 013; 7-3-064:021, 022, situated at Kohanaiki,
<br /> District of North Kona, Island and County of Hawai`i, State of Hawai`i, as delineated on
<br /> Exhibit "A" inclusive of certain easements, encumbrances and reservations; (2) Grants an
<br /> exclusive easement to KOH without resort to public auction, over Lots 108 (por.), 109, 1 1 1 and
<br /> 112 on File Plan No. 2463 and Tax Map Keys 7-3- 063:012 (por.), 013; 7-3-064:021, 022,
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