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COUNTY OF HAWAII STATE OF HAWAII ,yM1'o HAY RESOLUTION NO. 428 16 A RESOLUTION ACCEPTING A BILL OF SALE FOR ROADWAY IMPROVEMENTS INSTALLED ON TMK: (3) 2-4-001:178 FOR MOHOULI SENIOR PHASE 1, DISTRICT OF HILO, ISLAND AND COUNTY OF HAWAN, STATE OF HAWAII FROM MOHOULI SENIOR PHASE I LLLP, A HAWAVI LIMITED LIABILITY LIMITED PARTNERSHIP. WHEREAS, on March 27, 2009, by Executive Order 4271 and pursuant to I1RS Section 171-11, the Governor of the State of Hawaii set aside and transferred the control and management of that certain property situated in Waiakea, District of South I filo, Island and County of Hawaii, being a Portion of Remainder Lot of Waiakca Pasture Land. identified as "Road Lot" with 'I MIC: (3) 2-4-001:178. also referred to as Kupuna Place, and hereafter referred to as the "Property", as described in Exhibit "A" and delineated on Exhibit "B" attached hereto and incorporated by reference herein, to the County of Hawaii for the public purposes of roadway purposes; and WHEREAS, Mohouli Senior Phase I LLLP, a Hawaii Limited Liability Limited Partnership (hereinafter "Mohouli"), is the leasee of TMK: (3) 2-4-001:177 from the County- which is adjacent to the Property and Mohouli Street, and as such will use the Property to access the leased parcel. In order to access the leased parcel through the Property. Mohouli has made improvements to the Property consisting of 20-foot wide A.C. pavement with concrete curbs. gutters, sidewalk street lights. drainage improvements, and other improvements thereinafter collectively "roadway improvements"), now installed and in existence on the Property: and WHEREAS, Mohouli wishes to transfer ownership and control of the roadway improvements to the County of Hawaii; and WHEREAS, the roadway improvements have been inspected and approved by the Department of Public Works and found to be in compliance with the provisions of Chapter 23. Subdivisions. of the Hawaii County Code; and WHEREAS. Section 23-10 of the Hawai'i County Code prohibits the Council from laking over any roadway improvements 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, 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 HAWAN, that in accordance with Article XIII, Section 13-12 of the Ilawai'i County Charter. and Section 23-10 of the Hawaii County Code, that the County of Hawaii hereby accepts the Bill of Sale for the