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ENCROACHMENT AGREEMENT AND LICENSE <br /> THIS AGREEMENT made , 2001, by and between <br /> KRC BUILDING, INC., A IiAdVAII CORPORATION, whose address is POST OFFICE <br /> <br /> BOX 1352 KEALAKEKUA, HI 96750, hereinafter called "KRC, INC.," and TIIE COUNTY <br /> OF IIAV6~AII, whose address is 101 Aupuni Street, Suite 325, Hilo, HI 96720 ,hereinafter <br /> called "County" <br /> RECITALS: <br /> Whereas, KRC, INC., is the owner of the property shown on Exhibit "A" attached hereto <br /> and made a part hereof, upon which is located a commercial building, which property is <br /> identified as Tax Map Key: (3rd) 7-9-009-021, and is more particularly described in Exhibit "C" <br /> hereof, hereinafter called the "KRC Lot". <br /> Whereas, County is the owner of the property adjacent to the KRC Lot upon which is <br /> located a County of Hawaii Parking Lot and access driveway which property is identified on the <br /> Tax Map of the State of Hawaii as Tax Map Key: (3rd) 7-9-009-051, and is more particularly <br /> described in Exhibit "D" hereof, hereinafter called the "County Lot". <br /> Whereas, County is the owner of that certain right-of way located in Honuaino 1St, <br /> District of North Kona, Island County and State of Hawaii known as the Hawaii Belt Road <br /> (Mamalahoa highway) shown on Exhibit "A" hereof as being adjacent to the KRC Lot on <br /> Exhibit "A" attached hereto, hereinafter called "County Right-of-Way". <br /> Whereas, the parties hereto wish to enter into a mutual Encroachment Agreement and <br /> License to resolve issues arising out of and related to the hereinafter described encroachments: <br /> A. The roof on the Westerly side of the commercial building located on the KRC Lot <br /> overhangs into the County Right-of--Way by as much as 6.6 feet. The encroachment referred to <br /> herein is shown on Exhibit "B" attached hereto as Encroachment "A". <br /> B. The roof on the Northerly side of the commercial building located on the KRC <br /> Lot overhangs into the driveway on the County Lot by as much as 4.7 feet. The encroachment <br /> referred to herein is shown on Exhibit "B" attached hereto as Encroachment "B". <br /> C. The Easterly end of the CMU wall with concrete cap along the Northerly property <br /> line of KRC Lot encroaches into the County Lot by 0.9 feet. The encroachment referred to <br /> herein is shown on Exhibit "B" attached hereto as Encroachment "C". <br /> D. The support post for the eve of the roof near the steps along the Northerly lot line <br /> of the KRC Lot encroaches on the County Lot by 0.8 feet. This encroachment is shown on <br /> Exhibit "B" as Encroachment "D" <br /> '2 <br /> <br />