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Extension "was not buil[t] to County dedicable standards, however, the County accepted this <br /> roadway segment for dedication, and now this Mauka segment of Halekii Street is in the County's <br /> roadway inventory." This same language was echoed in the 2023 Amendment Request as well. <br /> See Exhibit"5". <br /> Thus, it is an admitted fact that all three Required Public Roads have not been designed or <br /> constructed/built to dedicable county standards. <br /> b. The Required Public Roadways have not been dedicated. <br /> Condition N of Ordinance 96-8 requires that "[a]ll roadway improvements stated in <br /> Condition L of this ordinance shall be dedicated to the County of Hawaii." Hawaii County Code <br /> § 23-10 provides that the County "shall not . . . receive by dedication . . . any street in any <br /> subdivision . . . except in full compliance with the provisions of this chapter." The provisions of <br /> Condition L, of Ordinance 96-8 expressly state that Oceanside "shall construct the [Halekii <br /> Extensions] through the subject property . . . and provide the [Connector Road] . . . to provide <br /> future connections between the subject property and the adjacent properties to the north and south." <br /> The Makai Halekii Extension and Connector Road clearly have not been dedicated to the <br /> County; the Mauka Halekii Extension has been improperly dedicated via the Resolution. First, it <br /> is undisputed that the Makai Halekii Extension and Connector Road have not been dedicated to <br /> the County. This failure to dedicate (and lack of desire to do so) is evidenced by the repeated <br /> attempts to amend the Incorporated Ordinances to do away with dedication requirements (via <br /> Exhibits "4" and "5") and the construction of the guard facility at the point in which the <br /> Mamalahoa By-Pass Highway meets the Makai Halekii Extension ("Guard Facility"), creating the <br /> "private" community known and marketed as Hokulia. Over the years this Guard Facility has <br /> become increasingly more heavily fortified, and now stands firmly as a stranglehold on public <br /> 15 <br /> 843682 <br /> 17 <br />