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WHEREAS, subdivision approval for the encroachment lots (Lots B-1 and C-2) was <br /> granted on July 23, 2003 as Final Subdivision No. 7713; and <br /> WHEREAS, pursuant to the Encroachment Agreement, Kaiwiki Properties and Kamaoa <br /> Development Company have donated these encroachment areas to the County of Hawaii for a <br /> public right-of--way; and <br /> WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the <br /> Council, on behalf of the County of Hawaii, may accept gifts or donations of real property. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF <br /> HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, <br /> the County of Hawaii accepts the donation of (1) Lot B-2, situated at Mohowae-Waiopua, Ka`u, <br /> Hawaii, identified as being a portion of Tax Map Key:(3)9-3-003-072, consisting of 152 square <br /> feet, and more particularly described in Exhibit "A" and delineated on Exhibit "C" attached <br /> hereto, from Kaiwiki Properties; and (2) Lot C-2, situated at Pu`u`eo, Ka`u, Hawaii, identified <br /> as being a portion of Tax Map Key:(3)9-3-003-073, consisting of 17 square feet, and more <br /> <br /> particularly described in Exhibit "B" and delineated on Exhibit "C" attached hereto, from <br /> Kamaoa Development Company, said donations to be made a part of the public right-of--way. <br /> BE IT FURTHER RESOLVED that a letters of appreciation be sent to Kaiwiki <br /> Properties and Kamaoa Development Company. <br /> BE IT FURTHER RESOLVED that the County Clerk shall transmit a copy of this <br /> resolution to (1) the Mayor Harry Kim; (2) William Takaba, Director of Finance; <br /> (3) Bruce McClure, Director of Public Works; (4) Kaiwiki Properties, 688 Kino`ole Street, <br /> Suite 120, Hilo, Hawaii 96720; (5) Kamaoa Development Company, 78-630 Ihilani Place, <br /> Kailua-Kona, Hawaii 96740; and (5) Gerald Takase, Assistant Corporation Counsel. <br /> 2 <br /> <br />