HomeMy WebLinkAboutRES 543 Draft 01 2022-2024A RESOLUTION ACCEPTING THE DEDICATION OF KIKAU PLACE AND KUAHIWI PLACE, DESCRIBED AS ROADWAY LOT 369, PACIFIC HEIGHTS SUBDIVISION, INCREMENT IV, IDENTIFIED AS TMK NO. (3) 2-4-066:091,
SITUATED AT KŪKŪAU 1ST, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI‘I, STATE OF HAWAI‘I FROM HSC, INC., A HAWAI‘I CORPORATION.
WHEREAS, HSC, INC. (hereinafter, “Owner”), is the owner of Kikau Place and Kuahiwi Place, identified as Roadway Lot 369, Pacific Heights Subdivision, and TMK No. (3) 2-4-066:091, Situated
at Kūkūau 1st, District of South Hilo, Island and County of Hawai‘i, State of Hawai‘i, more particularly described in Exhibit A, and delineated in Exhibit B, which are attached hereto
and made part hereof; and
WHEREAS, Owner is desirous of dedicating the Kikau Place and Kuahiwi Place and all improvements thereon (“Roadway”) to the County of Hawai‘i, a municipal corporation of the State of
Hawai‘i (hereinafter, the “County of Hawai‘i”), and the Roadway has 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; and
WHEREAS, Hawaiʻi County Code, Section 2-162.2 states that the Council may not accept a dedication of real property unless there is a finding that the acceptance of the real property
is in the public interest; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that it finds that the Roadway is 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 Chapters 2 and 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 Mitch Roth, Mayor of Hawai‘i County; (2) the Department of Public Works; (3)
Deputy Corporation Counsel Sinclair Salas-Ferguson; (4) HSC, INC., 159 Kekūanāo‘a Street, 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
EVANS
GALIMBA
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
KAGIWARA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.