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COUNTY OF HAWAII -+_ �''�=%'�!�•- STATE OF HAWAII <br /> it: ,r+,°•�``. <br /> RESOLUTION NO. 47a is <br /> A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS R-15 TO <br /> R-20 FOR LUALA`I PHASE 3, WITH EACH LOT RESPECTIVELY IDENTIFIED AS <br /> TMK NO: (3) 6-7-008:086, (3) 6-7-008:087, (3) 6-7-008:088, (3) 6-7-008:089, (3) 6-7-008:090 <br /> AND (3) 6-7-008:091, SITUATED AT WAIKOLOA AND WAIMEA, DISTRICT OF <br /> SOUTH KOHALA, ISLAND COUNTY OF HAWAII, STATE OF HAWAII FROM <br /> KAOMALO LLC,A HAWAII LIMITED LIABILITY COMPANY. <br /> WHEREAS, Kaomalo LLC, a Hawai`i Limited Liability Company, (hereinafter <br /> "Kaomalo"), is the fee simple owner of those certain roadway parcels of land for Luala'i Phase <br /> 3, situated at Waikoloa and Waimea, District of South Kohala, Island and County of Hawaii, <br /> State of Hawai`i, being roadway lots R-15 to R-20, with each lot respectively identified as TMK: <br /> (3) 6-7-008:086, (3) 6-7-008:087, (3) 6-7-008:088, (3) 6-7-008:089, (3) 6-7-008:090 and (3) 6-7- <br /> 008:091 (hereinafter"roadway"), as described in Exhibit"A" and delineated on Exhibit"B", <br /> which are attached hereto and made a part hereof; and <br /> WHEREAS, Kaomalo is desirous of dedicating the above roadway and all <br /> improvements thereon to the County of Hawai`i for roadway purposes, and the roadway 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 21, 1966 except <br /> upon full compliance with the provisions of Chapter 23; and <br /> WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that <br /> the Council may accept gifts, including real estate or any interest in real estate, on behalf of the <br /> County of Hawaii; now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it <br /> finds the subject roadway and improvements thereon are in full compliance with the provisions <br /> of Chapter 23 of the Hawai`i 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 the <br /> roadway, being roadway lots R-15 to R-20, with each lot respectively identified as TMK: (3) 6- <br /> 7-008:086, (3) 6-7-008:087, (3) 6-7-008:088, (3) 6-7-008:089, (3) 6-7-008:090 and (3) 6-7- <br /> 008:091, described in Exhibit "A" and delineated on Exhibit'"B" from Kaomalo LLC, for public <br /> roadway purposes. <br />