HomeMy WebLinkAboutRES 369 Draft 01 2024-2026A RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOT 5-A, IDENTIFIED AS TAX MAP KEY NO. (3) 2-2-034:086, SITUATED AT WAIĀKEA, DISTRICT OF SOUTH HILO, ISLAND, COUNTY, AND STATE OF HAWAI‘I,
FROM GHC FAMILY LIMITED PARTNERSHIP.
WHEREAS, GHC Family Limited Partnership, a Hawai‘i limited partnership, (hereinafter “the Owner”) owns a certain Road Lot 5-A, identified as Tax Map Key No. (3) 2-2-034:086 and situated
at Waiākea, District of South Hilo, Island, County, and State of Hawai‘i, as described in “Exhibit A” and depicted on “Exhibit B”, both of which are attached hereto and made a part
hereof; and
WHEREAS, Road Lot 5-A is a segment of sidewalk located between Manono Street and Manono Street Marketplace; and
WHEREAS, the Owner wishes to dedicate Road Lot 5-A and all improvements thereon to the County of Hawai‘i (hereinafter “the County”); and
WHEREAS, Section 23-10 of the Hawai‘i County Code 1983 (2016 Edition, as amended) (hereinafter “the Code”) prohibits the Council from receiving by dedication any street in a subdivision
platted after December 21, 1966, except upon full compliance with the provisions of Chapter 23; and
WHEREAS, the Department of Public Works, having inspected Road Lot 5-A and found it to be in dedicable condition and in full compliance with the provisions of Chapter 23, recommends
that the Council accept dedication of Road Lot 5-A; and
WHEREAS, the Department of Water Supply, the Planning Department, and the Department of Environmental Management also reviewed and approve of the proposed dedication; and
WHEREAS, Article XIII, Section 13-12, of the Charter of the County of Hawai‘i (hereinafter “the Charter”) provides that the Council may accept gifts, including real estate or any interest
in real estate, on behalf of the County; and
WHEREAS, Section 2-162.2(5) of the Code provides that “[t]he council may not accept the donation of real property unless there is a finding that the acceptance of the subject real property
is in the public interest”; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that, pursuant to Article XIII, Section 13-12, of the Charter, this body hereby accepts the dedication of the Road Lot 5-A to the
County for public sidewalk purposes.
BE IT FURTHER RESOLVED that, in accordance with section 2-162.2(5) of the Code, this body finds the dedication and proposed use of Road Lot 5-A for public sidewalk purposes to be in
public interest.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable C. Kimo Alameda, Mayor of the County of Hawai‘i; Neil A. Azevedo, Acting Director
of Public Works; Sinclair Salas-Ferguson, Deputy Corporation Counsel; and Gina Hara Chun, GHC Family Limited Partnership, 681 Manono Street, Hilo, HI 96720.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAI‘I