RES 259 Draft 01 2018-2020 - Laserfiche WebLink

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........... •, COUNTY OF HAWAII I. 6�• % •. STATE OF HAWAII 'TE•OF•M,'1 RESOLUTION NO. 259 19 A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT 14-C (MANAWALEA STREET), IDENTIFIED AS TMK NO. (3) 7-4-021:048, SITUATED AT KEAHUOLU, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM FHT KAMAKANA, LLC, A HAWAII LIMITED LIABILITY COMPANY. WHEREAS, FHT Kamakana, LLC, a Hawai`i limited liability company(hereinafter "Owner"), is the owner of Roadway Lot 14-C (Manawalea Street Extension), identified as TMK No: (3) 7-4-021:048 (hereinafter, the "Roadway"), situated at Keahuolu, District of North Kona, Island and County of Hawai`i, State of Hawai`i, as delineated on Exhibit"A" and described in Exhibit"B", which are attached hereto and made a part hereof; and WHEREAS, Owner is desirous of dedicating the Roadway and all improvements thereon to the County of Hawai`i, a municipal corporation of the State of Hawai`i (hereinafter, the "County of Hawai`i"), except for certain landscaping improvements as described in that certain Landscape Maintenance Agreement by and between SCD Kamakana, LLC, a Hawai`i limited liability company and the County of Hawai`i, for roadway purposes, and the Roadway 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 Roadway 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 Roadway for public road purposes.