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• ;�tY OF N, • COUNTY OF HAWAII .'%% t STATE OF HAWAII T,TE .............. RESOLUTION NO. 472 18 A RESOLUTION ACCEPTING THE DEDICATION OF ROADWAY LOTS R-8 TO R-14 FOR LUALA`I PHASE 2, IDENTIFIED AS TMK NO: (3) 6-7-003:109 (POR.), SITUATED AT LALAMIO AND WAIKOLOA, DISTRICT OF SOUTH KOHALA, ISLAND COUNTY OF HAWAII, STATE OF HAWAII FROM KAOMALO LLC, A HAWAII LIMITED LIABILITY COMPANY. WHEREAS, Kaomalo LLC, a Hawai`i Limited Liability Company, (hereinafter "Kaomalo"), is the fee simple owner of those certain roadway parcels of land for Luala'i Phase 2, situated at Lalamio and Waikoloa, District of South Kohala, Island and County of Hawai`i, State of Hawai`i, being roadway lots R-8 to R-14, identified as TMK: (3) 6-7-003:109 (por.) (hereinafter "roadway"), as described in Exhibit"A" and delineated on Exhibit"B", which are attached hereto and made a part hereof; and WHEREAS, Kaomalo is desirous of dedicating the above roadway and all improvements thereon to the County of Hawai`i for roadway purposes, and the roadway and improvements have been inspected and approved by the Department of Public Works, and received dedication approval from the Department of Water Supply, the Planning Department and the Department of Environmental Management; 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 21, 1966 except upon full compliance with the provisions of Chapter 23; and WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the Council may accept gifts, including real estate or any interest in real estate, on behalf of the County of Hawai`i; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it finds the subject roadway and 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, and that it is in the public interest to accept such dedication. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, accordance with Article XIII, Section 13-12 of the Hawaii County Charter and Chapter 23 of the Hawai`i County Code, that the County of Hawai`i accepts the dedication of the roadway, being roadway lots R-8 to R-14, identified as TMK: (3) 6-7-003:109 (por.), described _ • in Exhibit "A" and delineated on Exhibit "B" from Kaomalo LLC, for public roadway purposes.