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HomeMy WebLinkAboutRES 110 Daft 01 2020-2022JMt-4Oi N7 4' C••- IJif COUNTY OF HAWAII STATE OF HAWAII rr'oF•Nr O RESOLUTION NO. 11,() 2:1 A RESOLUTION ACCEPTING THE DEDICTION OF ROADWAY LOT 398, BEING IDENTIFIED AS TMK NO.: (3) 2-4-075:070, SITUATED AT KUKUAU IST, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII FROM HILO HILLSIDE, LLC. WHEREAS, HILO HILLSIDE, LLC, a Hawai'i limited liability company (hereinafter, Owner"), is the owner of Roadway Lot 398 for Hilo Hillside Estates Subdivision, identified as TMK No. (3) 2-4-075:070, situated at Kukuau 1St, District of South Hilo, Island and County of Hawai'i, State of Hawai'i, as described in Exhibit A, and delineated in Exhibit B, which are attached hereto and made a part hereof; and WHEREAS, Owner is desirous of dedicating the Roadway and all improvements thereon to the County ofHawai'i, a municipal corporation ofthe State of Hawai'i (hereinafter, the County of Hawai'i"), and the Roadways and improvements have been inspected and approved by the Department ofPublic 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 ofthe Hawai'i County Code prohibits the Council from receiving by dedication any streets in any subdivision platted after December 2, 1966 except upon full compliance with 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 roadways and improvements thereon are in full compliance with 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 a dedication. 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 ofthe Hawai'i County Code, that the County of Hawai'i accepts the dedication of the Roadways for public road purposes. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to: (1) Mayor Mitch Roth, Mayor of Hawai'i County; (2) the Department of Public Works; (3) Deputy Corporation Counsel Dalilah Schlueter; (4) Hilo Hillside, LLC, 1050 Bishop Street, Suite 252, Honolulu, Hawai'i 96813. Dated at Hilo , Hawai'i, this 19th day of May , 2021 . COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereofado ted by the COUNCIL of the County of Hawaii on May N, 2021 ATTEST: 2 ROLL CALL VOTE Reference: C-224/PWMTC -7 RESOLUTION NO. JLILO 21 AYES NOES ABS EX CHUNG x DAVID x INABA x KANEALI`I-KLEINFELDER x KIERKIEWICZ X KIMBALL x LEE LOY x RICHARDS x VILLEGAS x 9 0 0 0_ Reference: C-224/PWMTC -7 RESOLUTION NO. JLILO 21 EXHIBIT "A" All of that certain parcel of land situate at Kukuau I st, South Hilo, Island, County and State of Hawaii, described as follows: Lot 398 (containing an arca of 0.611 acre), as shown on Map 94, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1.205 of the Trustee of the Estate of A.A.kichardson Being a portion of the premi,'.es conveyed to the Grantor herein by Limited Warranty Deed dated June 18, 2002, and filed in the Office of the Assistant Registrar of the Land Court ofthe State of Hawaii as Land Court Document No. 2822295, and duly noted in Transfer Certificate of Title No., 616,827. END OF EXHIBIT "A"