RES 141 Draft 01 2012-2014 - Laserfiche WebLink

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'.--„..1rofh,,,• COUNTY OF HAWAII i• '� t. STATE OF HAWAII 1 •f41” OF: ��'' RESOLUTION NO. 141 13 RESOLUTION FOR THE APPROVAL AND RATIFICATION OF THE MEMORANDUM OF AGREEMENT FOR THE MAMALAHOA BYPASS HIGHWAY BY THE COUNTY OF HAWAII AND CAROLINE MAE SMITH, TRUSTEE OF THE ALFRED WHITAKER SMITH REVOCABLE TRUST UNDER UNRECORDED TRUST AGREEMENT DATED AUGUST 2, 1985, AS COMPLETELY RESTATED AND AMENDED BY UNRECORDED FIFTH AMENDMENT DATED MARCH 4, 1993, FOR THE ACQUISITION OF AND IMPROVEMENT OF RIGHTS-OF- WAY LOTS 25 AND 26, BEING TAX MAP KEYS: (3) 8-1-009:004 (LOT 25) AND (3) 8-1- 009:005 (LOT 26), SITUATED AT KAAWALOA, DISTRICT OF SOUTH KONA, ISLAND, COUNTY AND STATE OF HAWAII. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I: WHEREAS, Caroline Mae Smith, Trustee of the Alfred Whitaker Smith Revocable Trust under unrecorded trust agreement dated August 2, 1985, as completely restated and amended by unrecorded Fifth Amendment dated March 4, 1993 ("Smith Trust"), is the owner of the Rights-of-Way Lots 25 and 26, which contains an area of 0.480 acre and 0.069 acre, more or less, respectively, identified as Tax Map Keys: (3) 8-1-009:004 (Lot 25) and (3) 8-1-004:005 (Lot 26), situated at Kaawaloa, district of South Kona, Island, County and State of Hawai`i, ("Smith Trust's Land") as described in Exhibit"A" and delineated in Exhibit"C" of the attached Memorandum of Agreement for the Mamalahoa Bypass Highway by the County of Hawai`i ("County") and Caroline Mae Smith, Trustee of the Alfred Whitaker Smith Revocable Trust under unrecorded trust agreement dated August 2, 1985, as completely restated and amended by unrecorded Fifth Amendment dated March 4, 1993 (hereinafter referred to "Memorandum of Agreement"), attached as Exhibit "1"; and WHEREAS, the County intends to complete the design, construction and development of a road intended to bypass Mamalahoa Highway in the approximate vicinity between Keauhou and Captain Cook, Kona; said road is planned to consist of two lanes and a sufficient right-of-way for expansion to four lanes ("Bypass Highway"); and WHEREAS, the Mamalahoa Bypass Highway will be constructed through Hokuli`a, from Ali`i Drive in Keauhou, through an intersection with an extension makai of Haleki`i Street, and continuing to a southern connection with Mamalahoa Highway in Napo`opo`o, to relieve acute traffic congestion on Mamalahoa Highway;