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HomeMy WebLinkAboutRES 542 Draft 01 2020-2022A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOT A, IDENTIFIED AS TMK NO. (3) 2-5-003-110 (POR.), SITUATED AT KAŪMANA HOMESTEADS, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI’I, STATE OF HAWAI‘I, FROM MARK RODRIGUES AND KIM RODRIGUES, TRUSTEES OF THE RODRIGUES FAMILY JOINT REVOCABLE TRUST, DATED JUNE 1, 2011. WHEREAS, MARK RODRIGUES AND KIM RODRIGUES, Trustees of the Rodrigues Family Joint Revocable Trust, dated June 1, 2011 (hereinafter, “Owners”), are the owners of Roadway Lot A, identified as TMK No. (3) 2-5-003 (por.), Situated at Kaūmana Homesteads, District of South Hilo, Island and County of Hawai’i, State of Hawai’i, as described in Exhibit A, and delineated in Exhibit B, which are attached hereto and made part hereof; and WHEREAS, Owners are 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 Hawaii”), 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 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 Sinclair Salas-Ferguson; (4) Mark and Kim Rodrigues, Trustees, 60 Lyman Springs Road, 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.