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COUNTY OF HAWAPI <br />STATE OF HAWAPI <br />RESOLUTION NO. 28 ® 25 <br />A RESOLUTION ACCEPTING THE DEDICATION OF A ROADWAY LOT <br />IDENTIFIED AS TAX MAP KEY NO. (3) 2-4-080:044, SITUATED AT WAIAKEA, <br />SOUTH HILO, ISLAND, COUNTY, AND STATE OF HAWAI`I, FROM MAILANI <br />DEVELOPMENT, LLC. <br />WHEREAS, Mailani Development, LLC., a Hawaii limited liability company, <br />(hereinafter "the Owner") owns a certain roadway lot (hereinafter "the Roadway"), identified as <br />Tax Map Key No. (3) 2-4-080:044 and situated at Waiakea, South Hilo, Island, County, and <br />State of Hawaii, as described on Exhibit "A" and depicted on Exhibit `B", both of which are <br />attached hereto and made a part hereof, and <br />WHEREAS, the Owner wishes to dedicate the Roadway and all improvements thereon <br />to the County of Hawaii (hereinafter "the County"); and <br />WHEREAS, Section 23-10 of the Hawaii County Code 1983 (2016 Edition, as <br />amended) prohibits the Council from receiving by dedication any street in a subdivision platted <br />after December 21, 1966, except upon full compliance with the provisions of Chapter 23; °and <br />WHEREAS, the Department of Public Works, having inspected the Roadway and found <br />it to be in dedicable condition and in full compliance with the provisions of Chapter 23, <br />recommends that the Council accept dedication of the Roadway; and <br />WHEREAS, Article XIII, Section 13-12, of the Charter of the County of Hawaii <br />provides that the Council may accept gifts, including real estate or any interest in real estate, on <br />behalf of the County; now, therefore, <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that, <br />pursuant to Article XIII, Section 13-12, of the Charter of the County of Hawaii, this body <br />hereby accepts the dedication of the Roadway to the County for public road purposes. <br />