HomeMy WebLinkAboutRES 366 Draft 01 2014-2016 COUNTY OF HAWAII - •_ ` STATE OF HAWAII
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RESOLUTION NO. 366 16
A RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOT A `GARNER
SUBDIVISION,' SUBDIVISION OF PARCEL "C" BEING A PORTION OF LOT 6, GRANT
5,014 TO H. KAHALOA INTO LOTS `C-1' TO `C-4' INCLUSIVE AND ROAD LOT A
OPIHIKAO, DISTRICT OF PUNA, ISLAND OF HAWAII, HAWAII FROM GLORY M.
GARNER, TRUSTEE OF THE BERNARD & GLORY GARNER FAMILY TRUST.
WHEREAS, Glory M. Garner, Trustee of the Bernard & Glory Garner Family Trust
("Garner") is the owner of Road Lot A, containing an area of 0.115 acre, more or less, identified as a
portion of Tax Map Key: (3) 1-3-003:037, situated at Opihikao, District of Puna, Island of Hawai`i,
Hawaii as delineated on Exhibit "A" attached hereto; and
WHEREAS, the County road (Opihikao Road) encroaches upon the property with TMK: (3) 1-
3-003:037, which includes Road Lot A; and
WHEREAS, the County of Hawaii, Planning Department's Subdivision No. SUB-07-000606
required Garner to dedicate Road Lot A to the County of Hawaii in satisfaction of a condition of the
final approval of the subdivision; and
WHEREAS, Garner received final subdivision approval; and
WHEREAS, Garner is desirous of dedicating the Road Lot A to the County of Hawaii for
roadway purposes, and such dedication has been approved by the County of Hawaii Department of
Public Works, the Department of Water Supply, the Planning Department, and the Department of
Environmental Management; and
WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the
County of Hawaii Council may accept gifts, including real estate or any interest in real estate, on
behalf of the County of Hawaii; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it finds
the subject subdivision and any improvements thereon are in full compliance with the provisions of
Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,
in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter, and Chapter 23 of the
Hawaii County Code, that the County of Hawaii accepts the Road Lot A, containing an area of 0.115
acre, more or less, identified as a portion of Tax Map Key: (3) 1-3-003:037, delineated on Exhibit "A"
attached hereto, for public road purposes.
BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to: (1) Mayor
William P. Kenoi; (2) the Department of Public Works; (3) Deputy Corporation Counsel Ronald Kim;
and (4) Robert Triantos, Attorney at Law, Carlsmith Ball, LLP, 121 Waianuenue Avenue, Hilo,
Hawai`i 96720.
Dated at Kona , Hawai`i, this 22nd day of January , 2016.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the ILAGAN
County of Hawaii on January 22, 2016 X
KANUHA X
ONISHI X
ATTEST: PALEKA X
POINDEXTER X
11 (7:4-1
•Deor<0,410 WILLS X
8 0 1 0
Reference: C-606/PWPRC-24
'COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 366 16
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