RES 392 Draft 01 2012-2014 - Laserfiche WebLink

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WHEREAS, the present owner of Tax Map Key No. (3) 9-6-008-006 Borman dba Mamaki Tea, Inc., and the present owner of Tax Map Key No. (3) 9-6-008-002 Benko/Capone are agreeable to a global resolution by multiple conveyances and a single Consolidation and Re- Subdivision for the following issues stated below. Attached hereto as Exhibit"B" is a subdivision map showing the consolidation and re-subdivision that resolves all issues. 1. County to exchange Road Reserve A (approximately 12,909 sq. ft.), minus a 882 sq. ft. portion, to Benko/Capone for the South Road (approximately 11,902 sq. ft.) to resolve the County's encroachment onto Benko/Capone's parcel. 2. County to exchange an 882 sq. ft. portion of Road Reserve A to Borman dba Mamaki Tea, Inc., to resolve Borman dba Mamaki Tea Inc.'s encroachment onto Road Reserve A. 3. Realignment of the boundary lines removing the approximately 20 sq. ft. portion of the County's South Road from Borman/Mamaki Tea Inc.'s parcel by exchange conveyance as noted in paragraph 2 above. This includes further right of way totaling 127 sq. ft.; and WHEREAS, all costs of survey will be borne by Borman/Mamaki Tea, Inc.; and WHEREAS, the County of Hawaii departments and agencies have no plans for Road Reserve A and have given their approval of these exchanges; and WHEREAS, Section 2-115 of the Hawaii County Code authorizes the exchange of parcel without appraisal or auction; and WHEREAS, the above cited abandonments and exchanges are in the best interest of the County and are agreed to by the two private parties; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in accordance with Section 2-115 of the Hawaii County Code, the County of Hawaii accepts the following exchanges and transfers of lands: 1. County to exchange an approximately 12,909 sq. ft. portion of Road Reserve A TMK No. (3) 9-6-008-061, minus an 882 sq. ft. portion, to Benko/Capone and accept from Benko/Capone an approximately 11,902 sq. ft. portion of parcel TMK No. (3) 9-6-008-002 known as South Road to resolve the County's encroachment onto Benko/Capone's parcel. 2