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o��<v of M, , • COUNTY OF HAWAII • • STATE OF HAWAII 'FTE 01•NF,J RESOLUTION NO. 64 17 RESOLUTION ACCEPTING A GRANT OF PUBLIC ACCESS EASEMENT FROM THE SURETY KOHALA CORPORATION, FOR VEHICULAR PUBLIC ACCESS PURPOSES. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the SURETY KOHALA CORPORATION is the owner of the real property identified by Tax Map Keys: (3) 5-3-007:015 and (3) 5-3-007:016, situated at Hala`ula, Maulili, Pueke, Kukuiwaluhia, Apuakohau, Halelua and Napapa'a, District of North Kohala, County and State of Hawaii; WHEREAS, Tax Map Keys: (3) 5-3-007:015 and (3) 5-3-007:016 are parcels of land involved in subdivision action SUB-7776 (Subdivision application 2000-056), approved March 19, 2004; WHEREAS, pursuant to the Settlement Agreement dated the fourth(4th) day of April, 2002, between the County of Hawai`i and Surety Kohala Corporation (formerly Chalon International of Hawai`i, Inc.), it was agreed upon that among other subdivisions, the lands of SUB-7776 would be subject to the public access requirements of Chapter 34 of the Hawai`i County Code; WHEREAS, pursuant to the Settlement Agreement dated the fourth (4th) day of April, 2002, between the County of Hawai`i and Surety Kohala Corporation (formerly Chalon International of Hawai`i, Inc.), the public accesses will not be officially open to the public until easement documents have been approved by both parties and the easements conveyed to and accepted by the County; WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council, on behalf of the County of Hawai`i, may accept gifts or donations of money, securities or other personal property or of real estate or any interest in real estate; WHEREAS, the North Kohala Community Development Plan identifies the acquisition of a continuous lateral access along the sea coast from Kapanai'a to `Ainakea as the No. 1 priority under Section 4.2-Public Access; WHEREAS, the SURETY KOHALA CORPORATION, the owner of the real property identified by Tax Map Keys: (3) 5-3-007:015 and(3) 5-3-007:016, situated at Hala`ula, Maulili, Pueke, Kukuiwaluhia, Apuakohau, Halelua and Napapa`a, District of North Kohala, County and - 1 -