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<br />COUNTY OF HAWAI'I <br /> <br /> <br />STATE OF HAWAI'I <br /> <br />RESOLUTION NO. 275 09 <br />, <br />I <br />RESOLUTION AUTHORIZING THE GRANT OF EASEMENT FOR AC~ESS <br />PURPOSES AFFECTING 753 AINAKO AVENUE, DISTRICT OF SOUTH HILO, <br />ISLAND OF HAW AI'I TO HOWARD M. HIGASHI AND DONNA L. DODD. <br />I <br />I <br />I <br />BE IT RESOL YED BY THE COUNCIL OF THE COUNTY OF HAW AI'I: I <br />i <br />WHEREAS, the County of Hawai'i is the owner of that certain flag lot Ibcated at 753 <br />I <br />Ainako Avenue, Distnct of South Hilo, County and State of HawaI'I, Tax Map ~ey <br />I <br />(3 )2-5-023-005, as more partIcularly described m Exhibit "A" and being the dri~eway between <br />I <br />Tax Map Keys (3)2-5-023-004 and Tax Map Key (3)2-5-023-006, as delineatedion Exhibit "8" <br />i <br />attached hereto; and <br />I <br />WHEREAS, the County's parcel is used by the Department of Water Supply as a water <br />tank site; <br />WHEREAS, the County's driveway abuts the neighboring parcel's driveway (Tax Map <br />Key (3)2-5-023-004); and <br />WHEREAS, the abutting parcel at 761 Amako Avenue, Tax Map Key (3 )2-5-023-006, is <br />owned by Howard M. Higashi and Donna L. Dodd, who purchased the parcel from the Albert S. <br />NIshimura Trust and the Tatsuko NishImura Trust, and who have used the County's driveway <br />since the 1950's; and <br />WHEREAS, Eugene NishImura, as Trustee qfthe Albert S. NIshImura Trust and the <br />Tatsuko Nishimura 1 rust, Howard M. Higashi and Donna L. Dodd have requested an easement <br />be granted to use the County's driveway to access the property at 761 Ainako Avenue and <br />legitimize their use; and <br />WHEREAS, the Department of Water Supply approves of the granting of this easement <br />with a no-access restrictIOn along the roadway frontage of the Higashi and Dodd parcel, <br />exclusive of driveway dccess points; and <br />WHEREAS. SectiOn 2-11 j of the Hawai'I County Code authonzes the CounCIl, by <br />resolution approved by a maJonty, to direct the finance dIrector to grant easeme~ts trom the <br />I <br />County ofHawai'i, subject, however, to reverSIOn to the County ofHawai'i upop tenninatlon or <br /> <br />abandonment of the easements for the specific purposes for ,,,,hleh they were granted. <br /> <br />1 <br />