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h ".OJrSYOFh,�',' COUNTY OF HAWAII + 6�-5 ! STATE OF HAWAII • 7TE234 17 RESOLUTION NO. A RESOLUTION ACCEPTING THE DEDICATION OF KOHANAIKI FRONTAGE is ROAD, IDENTIFIED AS TMK NOS. (3) 7-3-009:066 AND (3) 7-3-009:067, SITUATED AT KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM KOHANAIKI SHORES LLC, A DELAWARE LIMITED LIABILITY COMPANY AND RUTTER/KW KOHANAIKI LLC, A HAWAII LIMITED LIABILITY COMPANY. WHEREAS,Kohanaiki Shores LLC, a Delaware limited liability company and Rutter/KW Kohanaiki LLC, a Hawai`i limited liability company (hereinafter"Kohanaiki Shores"), is the owner of Kohanaiki Frontage Road, identified as TMK Nos: (3) 7-3-009:066 and (3) 7-3-009:067 (hereinafter"roadways"), situated at Kohanaiki, District of North Kona, Island and County of Hawaii, State of Hawai`i, as described in Exhibit"A" and delineated on Exhibit "B", which are attached hereto and made a part hereof; and WHEREAS, Kohanaiki Shores is desirous of dedicating the above roadways and all improvements thereon to the County of Hawai`i for roadway purposes, and the roadways and improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Department of Water Supply, the Planning Department and the Department of Environmental Management; and WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 21, 1966 except upon full compliance with 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, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it finds the subject roadways and improvements thereon are in full compliance with the provisions of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies, and that it is in the public interest to accept such dedication. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and Chapter 23 of the Hawai`i County Code, that the County of Hawai`i accepts the dedication'of the Kohanaiki frontage road, identified as TMK Nos: (3) 7-3-009:066 and (3) 7-3-009:067, described in Exhibit"A" and delineated on Exhibit"B" for public road purposes.