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COUNTY OF HAWAII <br />-�� _• STATE OF HAWAII <br />E ppNp <br />RESOLUTION NO. <br />� <br />A RESOLUTION ACCEPTING A GRANT OF PEDESTRIAN PUBLIC ACCESS <br />EASEMENTS, IDENTIFIED AS TMK NOS: (3) 5-3-007:010 (POR.) AND (3) 5-3-007:041 <br />(POR.), SITUATED AT HALAWA, PAPAA, AND NAPAPA'A, DISTRICT OF NORTH <br />KOHALA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM <br />VIPASSANA HAWAII, A HAWAII NONPROFIT CORPORATION AND INHABIT <br />LLC, A DELAWARE LIMITED LIABILITY COMPANY. <br />WHEREAS, VIPASSANA HAWAII, a Hawaii nonprofit corporation and INHABIT <br />LLC, a Delaware limited liability company (hereinafter "Owners"), are the owners of the real <br />property identified as Tax Map Key Nos: (3) 5-3-007:010 (por.) and (3) 5-3-007:041 (por.), <br />situated at Halawa, Papaa, and Napapa'a, District of North Kohala, County and State of Hawaii; <br />and <br />WHEREAS, Tax Map Key Nos: (3) 5-3-007:010 (por.) and (3) 5-3-007:041 (por.) are <br />parcels of land involved in a subdivision action SUB -7776 (Subdivision application 2000-056), <br />approved March 19, 2004; and <br />WHEREAS, pursuant to Section A of the Settlement Agreement dated the Fourth (4"') <br />day of April, 2002, between the County of Hawaii and Surety Kohala Corporation, it was agreed <br />upon that the lands involved in SUB -7776 would be subject to the public access requirements of <br />Chapter 34 of the Hawaii County Code; and <br />WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the <br />Council may accept gifts, including real estate or any interest in real estate, on behalf of the <br />County of Hawaii; now, therefore, <br />WHEREAS, VIPASSANA HAWAII and INHABIT LLC, owners of the real property <br />identified as Tax Map Key Nos: (3) 5-3-007:010 (por.) and (3) 5-3-007:041 (por.), situated at <br />Halawa, Papaa, and Napapa'a, District of North Kohala, County and State of Hawaii, desire to <br />grant the County of Hawaii certain pedestrian public access easements, which easements are <br />more particularly described and delineated in Exhibit "A" attached hereto in the Grant of <br />Pedestrian Access Easement; and <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY <br />OF HAWAII, in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, <br />the County of Hawaii accepts the Grant of Pedestrian Public Access Easements described and <br />delineated in Exhibit "A" attached hereto, from VIPASSANA HAWAII and INHABIT LLC. <br />