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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 134 11 (DRAFT 2) RESOLUTION ACCEPTING THE DEDICATION OF A PORTION OF ROAD LOTS R -1, R -2 and R -3, BEING A PORTION OF TAX MAP KEY: (3) 7- 7- 028:POR. 17, SITUATED AT PAHOEHOE 3RD, PAHOEHOE 4TH, LA'ALOA 1ST, LA'ALOA 2ND AND KAPALAALAEA 1ST, DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII, (ALI`I HEIGHTS, UNIT 2, PHASE II) FROM TOWNE KEAUHOU LLC. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, Towne Keauhou LLC is the owner of Road Lots R -1, R -2 and R -3, portions of which contains an area of 1.154 acres, 1.264 acres, and 11,275 square feet more or less, respectively, identified as a portion of Tax Map Key: (3) 7 -7 -028: por. 17, situated at Pahoehoe 31-d, Pahoehoe 4th, La`aloa 1st La'aloa 2nd and Kapalaalaea 1st, district of North Kona, County and State of Hawai`i, (Ali`i Heights, Unit 2, Phase II), as delineated on Exhibit "A" attached; and WHEREAS, Towne Keauhou LLC has constructed all subdivision improvements and received final subdivision approval; and WHEREAS, Towne Keauhou LLC is desirous of dedicating the above roadway lots, including all subdivision improvements thereon, to the County of Hawaii for road and drainage purposes, and the improvements have been inspected and approved by the County of Hawai`i Department of Public Works, and received dedication approval from the Department of Water Supply, Planning Department and Department of Environmental Management; and WHEREAS, the subject road and drainage improvements have been completed according to County of Hawai`i standards, and are in acceptable condition for dedication, and in full compliance with the provisions of Chapter 23 of the Hawai`i County Code; and WHEREAS, Section 23 -10 of the Hawai`i County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Article XIII, Section 13 -12 of the Hawai`i County Charter, provides that the council may accept gifts, which include the dedication of land, on behalf of the County of Hawai`i.