HomeMy WebLinkAboutRES 406 Draft 01 2022-2024A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY PARCEL IDENTIFIED AS ALL OF THAT CERTAIN PARCEL OF LAND (BEING A PORTION OF LAND DESCRIBED IN AND COVERED BY ROYAL PATENT GRANT NUMBER
6586, LAND COMMISSION AWARD NUMBER 8689-B TO HELEANAOLE) SITUATE, LYING AND BEING AT KAPA‘AU DISTRICT, OF NORTH KOHALA, ISLAND AND COUNTY OF HAWAI‘I STATE OF HAWAI‘I, AND DESIGNATED
AS TMK NO. (3) 5-4-004-015 (“ACCESS ROAD”) FROM KAPA‘AU WATER WORKS COMMUNITY ASSOCIATION, A HAWAI‘I NON-PROFIT CORPORATION.
WHEREAS, KAPA‘AU WATER WORKS COMMUNITY ASSOCIATION (hereinafter, “Owner”), is the owner of all of that certain parcel of land (being portion of the land described in and covered by
Royal Patent Grant Number 6586, Land Commission Award Number 8689-B to Heleanaole) situated, lying and being at Kapa‘au, District of North Kohala, Island and County of Hawai‘i, State
of Hawai‘i, and designated as TMK (3) 5-4-004-015 (“Access Road”), and more particularly described in Exhibit “A”, attached hereto and by reference made parts hereof; and delineated
on the survey map attached hereto as Exhibit B and made a part hereof.
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”), 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) Kapa‘au Water Works Community Association, whose mailing address is P.O. Box 1220, Kapa‘au, HI 96755.
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
KIMBALL
KAGIWADA
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 _____________________________________.
LEE LOY
KANEALI‘I-KLEINFELDER
KIERKIEWICZ
GALIMBA
ATTEST:
VILLEGAS
INABA
EVANS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.