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<br /> COUNTY OF HAWAIISTATE OF HAWAII
<br /> RESOLUTION NO. 312 15
<br /> RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE DONATION OF LOT 45,
<br /> SITUATE AT KAIWIKI, DISTRICT OF SOUTH HILO, ISLAND OF HAWAII AND STATE
<br /> OF HAWAII, BEING A PORTION OF TAX MAP KEY: (3) 2-9-004:014 (POR.), FROM
<br /> KAHUNA FALLS, LLC, DBA KAHUNA FALLS OF MARYLAND, LLC.
<br /> WHEREAS, Kahuna Falls, LLC, doing business as Kahuna Falls of Maryland, LLC ("Kahuna
<br /> Falls") is the owner of Lot 45, situated at Kaiwiki, District of South Hilo, Island and County of
<br /> Hawaii, State of Hawai`i, identified as a portion of Tax Map Key: (3) 2-9-004:014 (por.), consisting
<br /> of 0.013 acre, delineated on the attached map; and
<br /> WHEREAS, the physical location of the roadway strays out of the homestead road right-of-
<br /> way and encroaches into Kahuna Fall's property; and
<br /> WHEREAS, the Hakalau Homestead Road Association and the County of Hawaii entered
<br /> into a Memorandum Agreement for Road Improvements for the Hakalau Homestead road, dated
<br /> October 23, 2003, which provided that the County would pave the homestead road and the
<br /> Association, after surveying the road, would prepare roadway subdivisions to reflect the actual path of
<br /> the road, and transfer those encroaching portions to the County of Hawaii; and
<br /> WHEREAS, subdivision approval for Lot 45 was granted on October 23, 2006, with the
<br /> understanding that Lot 45 be donated to the County of Hawaii; and
<br /> WHEREAS, pursuant to final subdivision approval, Kahuna Falls wishes to donate the
<br /> encroachment area to the County of Hawaii for public right-of-way and such donation has been
<br /> approved by the Department of Public Works, Department of Water Supply, Planning Department and
<br /> Department of Environmental Management; and
<br /> WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter, provides that the
<br /> council may accept gifts, which include the dedication of land, on behalf of the County of Hawaii.
<br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in
<br /> accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the County of Hawaii
<br /> accepts the dedication of Lot 45, situated at Kaiwiki, District of South Hilo, Island of Hawaii and
<br /> State of Hawaii, identified as being a portion of Tax Map Key: (3) 2-9-004:014 (por.), consisting of
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