HomeMy WebLinkAboutRES 220 Draft 01 2020-2022A RESOLUTION ACCEPTING THE DEDICATION OF THOSE CERTAIN ROADWAY LOTS IDENTIFIED AS: LOT 67 (KŪKŪAU STREET) IDENTIFIED AS TMK NO. (3) 2-4-082:128; LOT 68 (KUKU STREET), IDENTIFIED AS TMK
NO. (3) 2-4-082:129; LOT 69 (KILAKILA PLACE), IDENTIFIED AS TMK NO. (3) 2-4-082:130; LOT 70 (PALEKANA PLACE), IDENTIFIED AS TMK NO. (3) 2-4-082:131; LOT 71 (LUNA WAY), IDENTIFIED AS
TMK NO. (3) 2-4-082:132; LOT 72 (W. KAWAILANI STREET), IDENTIFIED AS TMK NO. (3) 2-4-082:133; AND LOT 73 (KUKU PLACE), IDENTIFIED AS TMK NO. (3) 2-4-082:134; TOGETHER WITH EASEMENTS
IDENTIFIED AS EASEMENT 1, BEING A PORTION OF LOT 4, IDENTIFIED AS TMK (3) 2-4-082:065; EASEMENT 8, BEING A PORTION OF LOT 18, IDENTIFIED AS TMK NO. (3) 2-4-082:079; EASEMENT 41, BEING
A PORTION OF LOT 53, IDENTIFIED AS TMK NO. (3) 2-4-082:114; AND EASEMENT 54, BEING A PORTION OF LOT 65, IDENTIFIED AS TMK NO. (3) 2-4-082:126, SITUATED AT HILO HILLSIDE ESTATES PHASE
2, KŪKŪAU 1ST, SOUTH HILO, ISLAND AND COUNTY OF HAWAI’I, STATE OF HAWAI‘I FROM MOANIALA HOLDINGS, LLC.
WHEREAS, MOANIALA HOLDINGS, LLC, a Hawai’i limited liability company (hereinafter, “Owner”), is the owner of Roadway Lot 67 (Kūkūau Street), identified as TMK NO. (3) 2-4-082:128; Lot
68 (Kuku Street), identified as TMK No. (3) 2-4-082:129; Lot 69 (Kilakila Place), identified as TMK No. (3) 2-4-082:130; Lot 70 (Palekana Place), identified as TMK No. (3) 2-4-082:131;
Lot 71 (Luna Way), identified as TMK No. (3) 2-4-082:132; Lot 72 (W. Kawailani Street), identified as TMK No. (3) 2-4-082:133; and Lot 73 (Kuku Place), identified as TMK No. (3) 2-4-082:134;
together with easements for drainage and maintenance identified as Easement 1, a portion of Lot 4, identified as TMK No. (3) 2-4-082:065; Easement 8, being a portion of Lot 18, identified
as TMK No. (3) 2-4-082:079; Easement 41, a portion of Lot 53, identified as TMK No. (3) 2-4-082:114; and Easement 54, a portion of Lot 65, identified as TMK No. (3) 2-4-082:126, Situated
at Hilo Hillside Estates Phase 2; Kūkūau, South Hilo, Island and County of Hawai’i, State of Hawai’i, as described in Exhibit A, and depicted in Exhibit B, which are attached hereto
and made part hereof; and said lots and easements subject to the encumbrances described in Exhibit C.
WHEREAS, Owner is desirous of dedicating the Roadways and all improvements thereon to the County of Hawai’i, a municipal corporation of the State of Hawai’i (hereinafter, the “County
of Hawaii”), and the Roadways and improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Department of Water Supply,
and the Planning Department; 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 2, 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 HAWAI‘I that it finds the subject roadways and improvements thereon are in full compliance with 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 a dedication.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI’I, in 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.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) The Honorable Mitchell D. Roth, Mayor of Hawai’i County; (2) the Department of Public Works;
(3) Deputy Corporation Counsel Dalilah Schlueter; (4) Law Offices of Yeh & Kim, LLLC, 505 Kīlauea Avenue, Ste. B, Hilo, Hawai‘i 96720.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KANEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.