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COUNTY OF HAWAII --_M' !`• STATE OF HAWAII <br /> <_ ieµ..`; <br /> RESOLUTION NO. 595 16 <br /> A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS A AND B, <br /> IDENTIFIED AS TMK NO'S: (3) 2-3-040:046 AND (3) 2-3-040:047, SITUATED AT <br /> PONAHAWAI, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, <br /> STATE OF HAWAII FROM LAKE VIEW ESTATES, LLC, A HAWAII LIMITED <br /> LIABILITY COMPANY. <br /> WHEREAS, Lake View Estates, LLC, a Hawai`i Limited Liability Corporation <br /> (hereinafter "Lake View"), is the owner of Roadway Lots A and B, identified as TMK No's: (3) <br /> 2-3-040:046 and (3) 2-3-040:047 (hereinafter collectively "roadways"), situated at Ponahawai, <br /> District of South Hilo, Island and County of Hawai`i, State of Hawai`i, as described in Exhibit <br /> "A" and delineated on Exhibit "B", which are attached hereto and made a part hereof; and <br /> WHEREAS, Lake View 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 Hawaii 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 /> Chapter 23 of the Hawai`i County Code, that the County of Hawai`i accepts the dedication of <br /> roadways, identified as TMK No's: (3) 2-3-040:046 and (3) 2-3-040:047, described in Exhibit <br /> "A" and delineated on Exhibit "B" for public road purposes. <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 Hawai`i; (2) the <br />