RES 633 Draft 01 2016-2018 - Laserfiche WebLink

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.,oJ"ty oc H�/y COUNTY OF HAWAII ..,. ....,,g.,::.;.:-.,i_._. *.• . �'''�:��'� ' STATE OF HAWAII +r i, 7 Mai '''' 31 RESOLUTION NO. 633 11 A RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO A LICENSE EASEMENT AGREEMENT WITH THE • STATE OF HAWAII, DEPARTMENT OF HAWAIIAN HOMELANDS, PURSUANT TO HRS § 46-7, FOR THE COUNTY OF HAWAII TO ACCEPT A LICENSE EASEMENT FOR A PORTION OF "MANA PLACE" OVER AND THROUGH THE PROPERTY IDENTIFIED AS TMK NO. (3) 6-4-004:057 WHEREAS, the State of Hawai`i, Department of Hawaiian Homelands (hereinafter "DHHL") owns a fee simple interest in the property identified as TMK No. (3) 6-4-004:057 (hereinafter "Property"); and WHEREAS, the roadway identified as "Mana Place" goes over and through the Property as shown on Exhibit 1 and described in Exhibit 2, true and correct copies of which are attached hereto; and WHEREAS, DHHL is authorized by Section 207 of the Hawaiian Homes Commission Act, 1920, as amended, to grant licenses and easements; and WHEREAS, the County presently maintains the portions of Mana Place outside of the Property and allows the public to traverse over those portions of Mana Place; and WHEREAS, the public does not presently have a clear right to traverse over the portion of Mana Place over and through the Property, although it is necessary to use that portion of Mana Place to access certain residential properties; and WHEREAS, DHHL has proposed granting the County a license easement for the portion of Mana Place over and through the Property to provide a clear right for the public to traverse over this portion of Mana Place and to also allow for the County's maintenance of this portion of Mana Place; and WHEREAS, pursuant to Hawai`i Revised Statutes Section 46-7, this Council's consent is required to enter into a license easement agreement with DHHL; now, therefore,