HomeMy WebLinkAboutRES 091 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Public Works and Parks and Recreation Committee — March 27, 2013
Action: Withdrawn by introducer (Mr. Kanuha)
Re: Res 91-13; Comm. 207 (2012-2014 term)
COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
91 13
RESOLUTION ACCEPTING THE DEDICATION OF A PORTION OF LOT 45 BEING A
PORTION OF TAX MAP KEY: (3) 2-9-004:014 (POR.), SITUATED AT KAIWIKI, DISTRICT
OF SOUTH HILO, ISLAND OF HAWAII AND STATE OF HAWAII, FROM KAHUNA
FALLS, LLC, DBA KAHUNA FALLS OF MARYLAND, LLC.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Kahuna Falls, LLC, doing business as Kahuna Falls of Maryland, LLC ("Kahuna
Falls) is the owner of Lot 45, which contains a road lot with an area of 0.013 acres, more or less,
respectively, identified as a portion of Tax Map Key: (3) 2-9-004:014 (por.), situated at Kaiwiki,
District of South Hilo, Island and County of Hawaii, State of Hawaii, as delineated on Exhibit "A"
attached; and
WHEREAS, Kahuna Falls of Maryland, LLC has constructed all subdivision improvements
and received final subdivision approval; and
WHEREAS, Kahuna Falls of Maryland, LLC is desirous of dedicating the above roadway lot,
including all subdivision improvements thereon, to the County of Hawaii for roadway and drainage
purposes, and the improvements have been inspected and approved by the County of Hawaii
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 Hawaii standards, and are in acceptable condition for dedication, and in full compliance
with the provisions of Chapter 23 of the Hawaii County Code; and
WHEREAS, Section 23-10 of the Hawaii 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 Hawaii County Charter, provides that the
council may accept gifts, which include the dedication of land, on behalf of the County of Hawaii.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds
the subject subdivision and improvements thereon are in full compliance with the provisions of
Chapter 23 of the Hawaii County Code as certified and approved by all applicable agencies, and that it
is in the public interest to accept such dedication.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,
in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, and Section 23-10 of
the Hawaii County Code, that the County of Hawaii accepts the dedication of Lot 45, being a road lot
which contains an area of 0.013 acres, more or less, respectively, identified as a portion of Tax Map
Key: (3) 2-4-004:014 (por.), delineated on Exhibit "A" attached hereto, including all improvements
thereon, for public road and drainage purposes.
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) the
Honorable William P. Kenoi, Mayor of the County of Hawaii; (2) the Department of Public Works;
(3) Assistant Corporation Counsel Katherine Garson; and (4) Peter K. Kubota, Attorney at Law,
505 Kilauea Avenue, Suite A, Hilo, HI 96720.
Dated at
Hawaii, this day of
COUNTY COUNCIL
County of Hawai `i
Hilo, Hawaii
2013.
INTRODUCED BY-
'COUNCILAEMBER, COUNTY OF HAWAII
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on
ATTEST:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
AYES NOES ABS EX
EOFF
FORD
ILAGAN
KANUHA
KERN
ONISHI
POINDEXTER
WILLE
YOSHIMOTO
Reference: C-207 PWPRC
RESOLUTION NO. 3
SUBDIVISION
OF LOT 45 OF REGISTERED MAP 2562,
BEING GRANT 7362 TO ANTONE SOUZA COSTA,
INTO LOTS 45—A. 45-8, 45—C
AND A ROAD LOT,
AND DESIGNATION OF EASEMENTS R1 AND R2,
KAIWIKI, SOUTH HILO, ISLAND OF HAWAII, HAWAII.
EXHIBIT "A"
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