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4�+1V OF P" l� .I COUNTY OF HAWAII STATE OF HAWAII ..f_.: Of RESOLUTION NO. 295 12 RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF THAT CERTAIN DRAINAGE DITCH RIGHT-OF-WAY, TAX MAP KEY (3) 4-4-008:064 (POR.), SITUATED AT KALOPA HOMESTEADS, IN THE DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, SALE OF A PORTION OF SAID RIGHT-OF- WAY TO ANNE OLSON, AND ACQUISITION AND ACCEPTANCE OF NON- EXCLUSIVE DRAINAGE EASEMENT AND ACCESS EASEMENT. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, the County of Hawaii, owns the drainage ditch right-of-way identified as Tax Map Key: (3) 4-4-008:064 (see Exhibit "A" attached hereto); and WHEREAS, this drainage ditch right-of-way crosses over Tax Map Key: (3) 4-4-008:019, owned by Anne Olson, and Tax Map Key: (3) 4-4-008:018 (Lot 75-A), owned by Lloyd and Julia Soehren; and WHEREAS, the Department of Public Works has determined that the drainage ditch right-of-way does not function as a channel for runoff and in fact there is a natural course of water runoff along the boundary of Tax Map Key: (3) 4-4-008:019, and Ms. Olson has agreed to sell to the County in the form of a fifteen (15) feet wide non-exclusive drainage easement and access easement over TMK (3) 4-4-008:019; and WHEREAS, Anne Olson, owner of Tax Map Key: (3) 4-4-008:019, has expressed a desire to acquire that portion of the drainage ditch right-of-way, TMK (3) 4-4-008:064 (por.), that crosses her property (see Exhibit "A" attached hereto); and WHEREAS, Lloyd and Julia Soehren were notified and provided an opportunity to express their interest in purchasing that portion of the drainage ditch right-of-way, TMK (3) 4-4- 008:064 (por.), that crosses their property, TMK (3) 4-4-008:018, but the County received no response; and