RES 617 Draft 01 2014-2016 - Laserfiche WebLink

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WHEREAS,the County presently accesses the Pu`u Alala tower via non-exclusive easements across several parcels of privately owned lands using off-road and/or over unimproved road(s) that are vulnerable to weather events; and WHEREAS,the Parcel would allow the County direct access to the Pu`u Alala tower using minimal off-road or unimproved road access as the Parcel connects Kaakepa Street, which is a County maintained roadway, with the site of the Pu`u Alala tower; and WHEREAS, CP has offered to donate and dedicate the Parcel to the County for roadway purposes, and has provided the County with copies of the recorded deed whereby it acquired its interest in the Parcel and a declaration affecting its interest in the parcel; and WHEREAS, CP's donation and dedication of the Parcel has been approved by the Planning Department, Department of Public Works, Department of Water Supply, Department of Environmental Management, Civil Defense, and the Real Property Tax Division; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of real property; and WHEREAS, Section 2-162.2 of the Hawai`i County Code provides that the Council of the County of Hawai`i may accept donations of real property not derived from a community benefit assessment or a condition of land use approval upon a finding that such donation is in the public interest; and now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that in accordance with Section 2-162.2 of the Hawai`i County Code, that it is in the public interest and for the benefit of the County to accept the donation and dedication of the Parcel from CP to the County. BE IT FURTHER RESOLVED,that in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, the County of Hawai`i accepts the donation and dedication of the Parcel from Continental Pacific, LLC, which is Lot A-2-A-5, identified as Tax Map Key: 2