HomeMy WebLinkAboutRES 544 Draft 01 2022-2024A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY “LOT 2,” BEING A PORTION OF ROYAL PATENT 4475, LAND COMMISSION AWARD 7713, APANA 5 TO V. KAMAMALU, SITUATED AT KEOPU 3, NORTH KONA, ISLAND
AND COUNTY OF HAWAI’I, STATE OF HAWAI‘I, A PORTION OF TMK NO. (3) 7-5-007:033, FROM D&L FUJIMOTO, LLC, A HAWAI‘I LIMITED LIABILITY COMPANY.
WHEREAS, D&L Fujimoto LLC (hereinafter, “Owner”) is the owner of Lot 2, identified as a portion of TMK No. (3) 7-5-007:033. More particularly described and delineated in the attached
Exhibits A and B, which are incorporated by reference; and
WHEREAS, Hanama Place is a County of Hawaiʻi (“County”) roadway that encroaches onto Lot 2 and Owner would like to resolve the encroachment by dedicating Lot 2 to the County; and
WHEREAS, the Department of Public Works inspected Lot 2 and approved its dedication; the dedication was also approved by the Department of Water Supply, the Planning Department, and
the Department of Environmental Management; 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 donation 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 is in the public interest to accept the dedication of Lot 2 to be used as a public roadway and the County of Hawaiʻi hereby
accepts the dedication of Lot 2 for said purpose.
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) D&L Fujimoto LLC., 75-5608 Hienaloli Road, #63, Kailua Kona, Hi. 96740.
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
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
KANEALI’I-KLEINFELDER
KIERKIEWICZ
ATTEST:
KIMBALL
LEE LOY
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.