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HomeMy WebLinkAboutRES 214 Draft 01 2002-2004RESOLUTION NO. ~~`'~` o~ A RESOLUTION ACCEPTING THE DONATION OF A ROADWAY LOT KNOWN AS AINALOA BOULEVARD FROM THE AINALOA COMMUNITY ASSOCIATION, INC. WHEREAS, AINALOA COMMLTNITY ASSOCIATION, INC. is the owner of the roadway lot described as Lot 13ll-A of Subdivision Approval No. 6830, Land Court Application No. 1053, consisting of 23.217 acres and known as Ainaloa Boulevard; and WHEREAS, the County of Hawai'i has the public purpose of acquiring real property for the purpose of creating a project known as the Puna Emergency Access Road, located at Waikehekahe Nui in Puna; and WHEREAS, the above-referenced property presently owned by Ainaloa Community Association is an essential part of the Puna Emergency Access Road project; and WHEREAS, the County has already acquired possession of lands and has completed improvements necessary to connect Ainaloa Boulevard with roads in Hawaiian Acres subdivision, and WHEREAS, the Board of Directors of AINALOA COMMLJNITY ASSOCIATION, INC. has expressed a desire to convey and gift the aforesaid roadway lot known as Ainaloa Boulevard to the County, in fee simple, free of charge; and WHEREAS, Article XIII, Section 13-12 of the Hawai'i County Charter provides that the Council, on behalf of the County of Hawai i may accept gifts or donations of real property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I, that in accordance with Article XIII, Section 13-12 of the Hawai'i County Charter, the County of Hawai'i is hereby authorized to accept the donation of the above-noted roadway lot known as Ainaloa Boulevard, located in Puna from the Ainaloa Community Association, Inc., in fee simple, firee of charge, for the purpose of creating the Puna Emergency Access Road. BE IT FURTHER RESOLVED that said donation is to be accomplished in the form of a Land Court Deed or equivalent in fee simple with full warranties of title, free and clear of all liens or encumbrances except such roadway and utility easements as may be shown on the transfer certificate of title or reservations required by statute in favor of the State of Hawai'i, the deed to be approved as to form and legality by the Office of the Corporation Counsel, which is to submit written notiflcation to the Council upon receipt of title for the subject roadway. BE IT FINALLY RESOLVED that the Office of the County Clerk is hereby directed to forwazd copies of this resolution to the Honorable Mayor Harry Kim, Office of the Mayor; Mr. Ed Taira, Manager, Office of Housing and Community Development, Mr. Bruce McClure, Director of the Department of Public Works, Mr. Lincoln Ashida, Corporation Counsel, and the Board of Directors of the Ainaloa Community Association, Inc. Dated at , Hawai'i, this , day of 2004. ~TR D CED BY: ~ ~ Counci em r, County f Hawai`~ COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i Hilo, Hawai`i I hereby certify tha[ the foregoing RESOLUTION was by the vote indicated to the right hereof adop[ed by the COUNCIL of thc Counry of Hawai`i on ATTEST: AYES NOBS ABS EX ARAKAKI CHUNG ELARIONOFF HOLSCHUH IACOBSON RBYNOLDS SAf ARIK TULANG PYLER Reference: C-696 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~+1~ O~