REP PWIRC 040 04/18/2006 2004-2006

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REPORT OF THE COMMITTEE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS DATE: April 18, 2006 RE: Comm. No. 759/Res. No. 291-06 PLACE: Council Chambers TIME: 9:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Resolution No. 291-06, reports as follows: Resolution No. 291-06, transmitted by Assistant Corporation Counsel Gerald Takase via Communication No. 759, dated March 9, 2006, authorizes acceptance of the donations of real properties from Kaiwiki Properties, Tax Map Key(3)9-3-003-072 (portion), and Kamaoa Development Company, Tax Map Key:(3)9-3-003:073 (portion). The County's road at the intersection of South Point Road and Kama`oa Road encroaches onto lands owned by Kaiwiki Properties and Kamaoa Development Company. These lands were previously owned by Ka`u Agribusiness Co., Inc. The County of Hawaii and Ka`u Agribusiness Co., Inc. entered into an Encroachment Agreement, dated May 9, 2003, which provided that the County would subdivide the encroachment areas out of the properties and accept conveyance of the encroachments. Subdivision approval was granted on July 23, 2003, as Final Subdivision No. 7713. Pursuant to the Encroachment Agreement, Kaiwiki Properties and Kamaoa Development Company have donated these encroachment areas to the County of Hawaii for a public right-of--way. Article XIII, § 13-12 of the Hawaii County Charter provides that the Council may accept gifts which include the dedication of land on behalf of the County of Hawaii. There was no testimony from members of the public regarding the proposed acceptance. Committee Member Holschuh requested that letters of appreciation be sent to the donees. Council Member Pilago congratulated Mr. Takase and his office for securing the properties.