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• <br /> ...... <br /> COUNTY OF HAWAII -•'��•S- / STATE OF HAWAII <br /> 4Ti OF•N►.''_. <br /> RESOLUTION NO. 37 19 <br /> A RESOLUTION ACCEPTING THE DEDICATION OF ROAD LOTS A AND D <br /> (MANAWALEA STREET) AND ROAD LOTS B AND C (KA'EKA STREET), <br /> IDENTIFIED AS TMK NO. (3) 7-4-021:044, SITUATED AT KEAHUOLU, DISTRICT <br /> OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII <br /> FROM FHT KAMAKANA, LLC,A HAWAII LIMITED LIABILITY COMPANY. <br /> WHEREAS, FHT Kamakana, LLC, a Hawaii limited liability company(hereinafter <br /> "Owner"), is the owner of Road Lots A and D (Manawalea Street) and Road Lots B and C <br /> (Ka'eka Street), identified as TMK No: (3) 7-4-021:044 (hereinafter,the "Roadways"), situated <br /> at Keahuolu, District of North Kona, Island and County of Hawai`i, State of Hawai`i, as <br /> described in Exhibit"A" and delineated on Exhibit"B", which are attached hereto and made a <br /> part hereof; and <br /> WHEREAS, Owner is desirous of dedicating the Roadways and all improvements <br /> thereon to the County of Hawai`i, a municipal corporation of the State of Hawai`i (hereinafter, <br /> the"County of Hawai`i"), except for certain landscaping improvements as described in that <br /> certain Landscape Maintenance Agreement by and between SCD Kamakana, LLC, a Hawaii <br /> limited liability company and the County of Hawaii, for roadway purposes, the Roadways and <br /> improvements have been inspected and approved by the Department of Public Works, and <br /> received dedication approval from the Department of Water Supply,the Planning Department <br /> and the Department of Environmental Management; and <br /> WHEREAS, Section 23-10 of the Hawai`i County Code prohibits the Council from <br /> receiving by dedication any streets in any subdivision platted after December 21, 1966 except <br /> upon full compliance with provisions of Chapter 23; and <br /> WHEREAS, Article XIII, Section 13-12 of the Hawai`i County Charter provides that the <br /> Council may accept gifts, including real estate or any interest in real estate, on behalf of the <br /> County of Hawai`i; now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII,that it <br /> finds the subject Roadways and improvements thereon are in full compliance with the provisions <br /> of Chapter 23 of the Hawai`i County Code as certified and approved by all applicable agencies, <br /> and that it is in the public interest to accept such dedication. <br /> BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF <br /> HAWAII, in accordance with Article XIII, Section 13-12 of the Hawai`i County Charter and <br /> Chapter 23 of the Hawai`i County Code, the County of Hawai`i accepts the dedication of the <br /> Roadways for public road purposes. <br />