HomeMy WebLinkAboutRES 407 Draft 01 2022-2024A RESOLUTION ACCEPTING THE DEDICATION OF A ROADWAY LOT, CONTAINING AN AREA OF 54, 424 SQUARE FEET, IN THE KUPULAU MEADOWS SUBDIVISION, PHASE II, PORTION OF GRANT 9460 TO HENRIETTA D.
HOLT, BEING IDENTIFIED AS TMK NO. (3) 2-4-076-052, SITUATED AT WAIĀKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I FROM FOLIAGE PARTNERS, A HAWAI‘I LIMITED
PARTNERSHIP, KUPULAU ANTHURIUM PARTNERS, A HAWAI‘I LIMITED PARTNERSHIP, AND ANDRAEA PARTNERS, A HAWAI‘I LIMITED PARTNERSHIP.
WHEREAS, FOLIAGE PARTNERS, a Hawai‘i Limited Partnership, KUPULAU ANTHURIUM PARTNERS, a Hawai‘i Limited Partnership, and ANDRAEA PARTNERS, a Hawai‘i Limited Partnership (hereinafter
“Owners”), are the owners of Roadway Lot, Kupulau Meadows Subdivision, Phase II, identified as TMK No. (3) 2-4-076-052, Situated at Waiākea, 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 of 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 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) Mitchell D. Roth, Mayor of Hawai‘i County; (2) the Department of Public Works; (3) Deputy
Corporation Counsel Sinclair Salas-Ferguson; (4) Foliage Partners, Kupulau Anthurium Partners, and Andraea Partners, 215 Paukaa Drive, 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
KIMBALL
INABA
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 _____________________________________.
KAGIWADA
LEE LOY
KIERKIEWICZ
KĀNEALI‘I-KLEINFELDER
ATTEST:
GALIMBA
VILLEGAS
EVANS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.