Loading...
HomeMy WebLinkAboutRES 102 Draft 02 2000-2002 COUNTY OF II~~V.i`I ~TAT]E Off' I~AWAI`I I~SOLUTION NO. d~° (Draft 2) RESOLUTION AUTHORIZING THE CONVEYANCE AND ACCEPTANCE OF LICENSE LOCATED AT HONUA`INO 1ST, NORTH KONA, HAWAII, BEING PORTIONS OF TAX MAP KEY (3)7-9-009:021 AND 051, BETWEEN KRC BUILDING, INC. AND THE COUNTY OF HAWAII. WHEREAS, the County of Hawaii is the owner of the real property and right-of--way located at Honua`ino 1st, North Kona, specifically identified as Tax Map Key No. (3)7-9-009:051, being more particularly described in and delineated on the attached Encroachment Agreement and License attached hereto; and WHEREAS, KRC, INC. is the owner of the real property and improvements located thereon, situate at Honua`ino 1st, North Kona, specifically identified as Tax Map Key No. (3)7-9-009:021, being more particularly described in the above-described agreement and license; and WHEREAS, the County of Hawaii and KRC, INC. wish to resolve the issues arising out of and related to the encroachments detailed in the above-described agreement and license; and WHEREAS, Section 2-111 of the Hawaii County Code provides that the Council may, by resolution, authorize the granting of the above-described license, subject, however, to reversion to the County of Hawaii upon termination or abandonment of the license for the specific purpose for which it was granted; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter, provides that the Council, on behalf of the County, may accept gifts of donations of money, securities, or other personal property or of real estate or any interest in real estate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Section 2-111 of the Hawaii County Code and Article XIII, Section 13-12 of the Hawaii County Charter, that the County of Hawaii grants and accepts the license located at Honuaino 1st, North Kona, Hawaii, being portions of Tax Map Key Nos. (3)7-9-009:021 and 051, as detailed in the attached agreement and license, until termination or abandonment of the license for the specific purposes for which it was granted. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) KRC, INC., c/o Colin L. Love, Esq., P. O. Box 2072, Kailua-Kona, Hawaii 96745; (2) Director of Finance; (3) Department of Public Works; and (4) Gerald Takase, Assistant Corporation Counsel. DATED: Hilo, Hawaii, August 15, 2001 INTRODUCED BY: ~-.9 c ; Cdr CIL ME E CO TY OF H `I a: \dpw~cresolution.wpd COUNTY COUNCIL ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI I hereby certify that the foregoing RESOLUTION was by the CHUNG X vote indicated to the right hereof adopted by the COUNCIL of ELARIONOFF X the County of Hawaii on AL~I~G~.t 15, 2001 JACOBSON LEITHEAD-TODD ATTEST: PISICCHIO X SAFARIK X TYLER X YAGONG X Reference C - 2 4 3.2 ~ (Draft 2 ) COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. i i i i i i i i i i i i _ _LAND COURT I REGULAR SYSTEM AFTER RECORDATION, RETURN BY MAIL (X) PICKUP ( ) TITLE OF DOCUMENT: ENCROACIiMENT AGREEMENT AND LICENSE PARTIES TO DOCUMENT: KRC BUILDING, INC., A HAWAII CORPORATION COUNTY OF I-IAWAII PROPERTY DESCRIPTION: ~ BOOI{/PAGE: ~ DOCUMENT NO.: ~ TRANSFER CERTIFICATE OF ~ TITLE NO(S).: TMK: (3RD) 7-9-009-021 AND ~ (3RD) 7-9-009-051 ~ ENCROACHMENT AGREEMENT AND LICENSE THIS AGREEMENT made , 2001, by and between KRC BUILDING, INC., A HAWAII COLORATION, whose address is POST OFFICE BOX 1352 KEALAKEKUA, HI 96750, hereinafter called "KRC, INC.," and THE COUNTY OF HAWAII, whose address is 101 Aupuni Street, Suite 325, Hilo, HI 96720 ,hereinafter called "County" RECITALS Whereas, KRC, INC., is the owner of the property shown on Exhibit "A" attached hereto and made a part hereof, upon which is located a commercial building, which property is identified as Tax Map Key: (3~d) 7-9-009-021, and is more particularly described in Exhibit "C" hereof, hereinafter called the "KRC Lot". Whereas, County is the owner of the property adjacent to the KRC Lot upon which is located a County of Hawaii Parking Lot and access driveway which property is identified on the Tax Map of the State of Hawaii as Tax Map Key: (3Td) 7-9-009-051, and is more particularly described in Exhibit "D" hereof, hereinafter called the "County Lot". Whereas, County is the owner of that certainright-of way located in Honuaino 1St, District of North Kona, Island County and State of Hawaii known as the Hawaii Belt Road (Mamalahoa Highway) shown on Exhibit "A" hereof as being adjacent to the KRC Lot on Exhibit "A" attached hereto, hereinafter called "County Right-of-Way". Whereas, the parties hereto wish to enter into a mutual Encroachment Agreement and License to resolve issues arising out of and related to the hereinafter described encroachments: A. The roof on the Westerly side of the commercial building located on the KRC Lot overhangs into the County Right-of--Way by as much as 6.6 feet. The encroachment referred to herein is shown on Exhibit "B" attached hereto as Encroachment "A". B. The roof on the Northerly side of the commercial building located on the KRC Lot overhangs into the driveway on the County Lot by as much as 4.7 feet. The encroachment referred to herein is shown on Exhibit "B" attached hereto as Encroachment "B". C. The Easterly end of the CMU wall with concrete cap along the Northerly property line of KRC Lot encroaches into the County Lot by 0.9 feet. The encroachment referred to herein is shown on Exhibit "B" attached hereto as Encroachment "C". D. The support post for the eve of the roof near the steps along the Northerly lot line of the KRC Lot encroaches on the County Lot by 0.8 feet. This encroachment is shown on Exhibit "B" as Encroachment "D" '2 E. The Portland Cement Concrete sidewalk belonging to KRC, INC., that is located on the Southerly property line of the KRC Lot, encroaches into the County Lot by as much as 0.1 foot. The encroachment referred to herein is shown on Exhibit "B" as Encroachment "E." F. The County Asphalt Concrete driveway on the County Lot on the Northerly side of the KRC Lot encroaches into the KRC Lot by as much as 8.3 feet. The encroachment referred to herein is shown on Exhibit "B" attached hereto as Encroachment "1." G. The County Portland Cement Concrete walkway along the Southerly side of the County driveway on the Northerly side of the KRC Lot encroaches on the KRC Lot by as much as 2.4 feet. The encroachment is shown on Exhibit "B" as Encroachment " 2." H. The County CRM retaining wall along the Northerly and Easterly property lines of the KRC Lot encroaches into the KRC Lot by as much as 4.8 feet. The encroachment referred to herein is shown on Exhibit "B" attached hereto as Encroachment " 3." I. The CRM retaining wall belonging to the County that is located on the Southerly side of the KRC Lot encroaches into the KRC Lot by as much as 0.1 foot. The encroachment referred to herein is shown on Exhibit "B" attached hereto as Encroachment "4." AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. License. The County hereby grants KRC, INC., a license, on the terms and conditions set forth herein: a. To maintain the roof described in Paragraph "A" hereof over the County Right-of--Way (Encroachment "A" on Exhibit "B" attached hereto). b. To maintain the roof described in Paragraph "B" hereof over the driveway on the County Lot on the Northerly side of the KRC Lot (Encroachment `B" on Exhibit "B") c. To maintain the Easterly end of the CMU wall and concrete cap described in Paragraph "C" hereof on the County Lot (Encroachment "C" on Exhibit "B"). d. To maintain the support post for the eve of the roof near the steps along the Northerly lot line of the KRC Lot where it encroaches on the County Lot (Encroachment "D" on Exhibit "B"). e. To maintain the sidewalk described in Paragraph "E" hereof on the Southerly side of the KRC Lot where it encroaches onto the County Lot (Encroachment "E" on Exhibit "B"). KRC, INC. declares that KRC, INC. does not make any claim against the County Right-of--Way described, known as the Hawaii Belt Road (Mamalahoa Highway), shown on Exhibit "A," or the County Lot designated on the tax maps of the State of Hawaii as Tax Map Key (3)7-9-009:051, by virtue of Encroachments "A," "B," "C," "D" and/or "E." Therefore, KRC, INC. forever relinquishes any accrued right, if any, to claim title to or right of possession of any portion of the County Right-of--Way shown on Exhibit "A" 3 hereof or the County Lot designated on the Tax Map of the State of Hawaii as TMK (3rd) 7-9- 009-051 as a result of the Encroachments described herein. 2. License. KRC, INC., hereby grants the County of Hawaii a license on the terms and conditions set froth herein: a. To maintain the County of Hawaii Asphalt Concrete driveway described in Paragraph "F" hereof on the Northerly side of the KRC Lot where it encroaches on the KRC lot (Encroachment "1" on Exhibit "B"). b. To maintain the County of Hawaii Portland Cement Concrete sidewalk described in Paragraph "G" hereof on the Southerly side of the County of Hawaii driveway where it encroaches on the Northerly side of the KRC Lot (Encroachment " 2" on Exhibit "B"). c. To maintain the County of Hawaii CRM retaining wall described in Paragraph "H" hereof where it encroaches on the Northerly and Easterly sides of the KCR Lot (Encroachment " 3" on Exhibit "B"). d. To maintain the County of Hawaii CRM retaining wall described in Paragraph "I" hereof where it encroaches on the Southerly side of the KRC Lot (Encroachment "4" on Exhibit "B") The County of Hawaii declares that County of Hawaii does not make any claim against the KRC Lot identified as Tax Map Key: (3`d) 7-9-009-021, and is more particularly described in Exhibit "C" hereof by virtue of the Encroachments "1 " 2", " 3" and/or "4". Therefore, the County of Hawaii forever relinquishes any accrued right, if any, to claim title to or right of possession of any portion of the KRC Lot identified as Tax Map Key: (3`d) 7-9-009-021, and is more particularly described in Exhibit "C" hereof as a result of the Encroachments described herein. 3. Termination of License. The licenses granted hereby shall automatically terminate if the Encroachments referred to herein are hereafter removed by the encroaching party or destroyed by any cause beyond the control of and without the negligence of by the party whose property is encroached upon. This license shall not permit either party to rebuild on the other party's Lot the Encroachment removed by the encroaching party or substantially destroyed by any cause beyond the control of and without the negligence of the party whose property is encroached upon. At such time as any of the Encroachments referred to herein are completely removed by either party or substantially destroyed by any cause beyond the control of and without the negligence of either party, the license and this Agreement shall automatically terminate. The parties shall then prepare or cause to be prepared, and the parties hereto shall execute and record, evidence of such termination. "Substantially destroyed" shall mean more than one-half (1 /2) of the Encroachment shall be damaged or destroyed. 4. Maintenance and Repairs. The encroaching parties shall be solely responsible for maintenance, repair and upkeep of the their encroachments in conformity with all applicable laws, ordinances, rules, and regulations. The cost of so maintaining the encroachments shall be borne by the encroaching party. Each party shall indemnify and hold the other party and their successors, assigns, invitees, lessees and tenants harmless from any loss, cost or damage resulting from the encroaching party's failure to so maintain any encroachment, or by reason of the quality, condition or repair of the encroachment when such loss, damage, injury or death 4 arises out of or proximately results from the negligence, wrongful act or failure to act of the encroaching party or their lessees, tenants, family, invitees, servants, or guests. Neither party shall not, by any act or omission, undermine the structural integrity the other party's encroachment. 5. Bincling Effect. This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives and assigns. This Agreement shall be deemed a covenant running with the land provided, however, that nothing herein contained shall be construed as a conveyance by either party of its respective rights in the fee simple interest of its lot. 6. Headnotes. The headnotes or captions of each paragraph are for convenience only and shall not be construed as modifying the context thereof. IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. KRC Building, Inc., a Hawaii corperatiot~ GLENN G. UCHIMURA, its Vice Presidc:~t County of Hawaii By HARRY KIM, its Mayor APPROVED AS TO FORM AND LEGALITY: GERALD TAKASE Assistant Corporation Counsel 5 . STATE OF HAWAII ) SS: COUNTY OF HAWAII ) On this'~~day of f~brv~ AY , 2001, before me personally appeared GLENN G. UCHIMURA to me know (or proven to e based on satisfactory evidence) that he is the Vice President of KRC BUILDING, INC., a Hawaii corporation, and that he signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Officer acknowledged said instrument to be the free act and dee o~ said co orati l~ Notary Public of the(~S1tate of Hanw_a_ii Type/Print Name S Y lei ~ V1 n ~ ~ I ~ My commission expires: ti~ ~ V 0 ~ STATE OF HAWAII ) SS. COUNTY OF HAWAII ) On this day of , 2001, before me personally appeared HARRY KIM, to me personally known, who, being duly sworn, did say that he is the Mayor of the County of Hawaii, a municipal corporation of the State of Hawaii; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawaii by authority given to said Mayor of the County of Hawaii by Section 5-1-3(g) of the County Charter; County of Hawaii (1991), as amended; and said HARRY KIM acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public of the State of Hawaii Type/Print Name My commission expires: 6 a V 4 H~ ~ ~u ~s ~,`a~ ~~yMNSiH13a'~N1dH 0 8 ~ R's ~a S-~o 83 ~ u° a"" -:.h"'""...~.:'..~r °.:':`:<~ypsrl~" ~ . , ~ ` 1,1 J ~ ;S.-e ~s P~ as ~ - ~ ~~t ~ 41 $ 0 4! s~-- fl t ~ a ~ ~ 1,, 4 a r-\ v ~ N O. ~ Cn `~.C.:. y p O ~ y o ~ ~ ~ c _ ~ ~ r~ o ~ X1,1 ~ ~ 0 0 'b' 2 2 ~ 1111.-_" }O :~,ir.% w. ~ '4z 0 ~ 2 S ••Pr~yq C~ o -~~s~ m r ~ a p~ ' l~ ~ _ t V~,~VI ~ O\ CG . ~ n 1~~ \\T yip v-i~ << c D ~ C . . r ~ : t ~ ' `1 1;~~ ~ ~t1' ~ ,s `r r'"`"" ~ y~zc ~C~~~ 9y i h 1 _ > ~ m ~~f 1 y ~ A y H 2 :~3 83~ ~a _z_ 4~ ~ ~ TR~e • ~ ~ s 'u+~e i ~'VOarh 4 ~ . - ~ EXHIBIT "A" ~ Encroachment "A" The roof on Encroachment "I" The County the Westerly side of the commercial of Hawaii Asphalt Concrete Encroachment "B" The roof building located on the KRC Lot driveway on the County Lot on on the Northerly side of the overhangs into the County Right-of- the Northerly side of the KRC commercial building located Way by as much as 6.6 feet. Lot encroaches into the KRC Lot on the KRC Lot overhangs by as muc 8.3 feet. into the driveway on the on the County Lot by as much as 4.7 feet ~ Encroachment "C" The . Easterly end of the CMU wall k". ' `"''~r r~r with concrete cap along the ~;z;~-~~ i, Northcrly property tine of r Y KRC Lot encroaches into the ' ~ ~ County Lot by 0.9 feet ~ F~ : g ' p w ~ Encroachment "D" The sup- \ 1 port post for the eve of the , ~ _ roof near the steps along the ` Z Northerly lot line of the KRC a Lot encroaches on the County ~ ; C Lot by 0.8 feet. t ` 1 ' ~ _ ; Encroachment "2" The } ~ . ~ County of Hawaii Portland n' Cement Concrete walkway r along the Southerly side of _ " the County of Hawaii drive- . - way on the Northerly side of t ~ ? the KRC Lot by 2.4 feet . R ~ ~ ~ t may;} i Encroachment " 3" The a« County of Hawaii CRM retaining wall along the ~ Northerly and Easterly i property lines of the KRC Encroachment "E" The Encroachment "4" The CRM Lot encroaches into on Portland Cement Concrete the KRC lot by as much retaining wall belonging to the sidewalk belonging to County of Hawaii that is located as 4.8 feet. KRC, INC., that is located on the Southerly side of the KRC on the Southerly property Lot encroaches on the KRC Lot line of the KRC Lot en- by as much as 0. l foot. croaches into the County Lot by as much as 0.1 foot. Exhibit "B" _ EXHIBIT "C" All of that certain parcel of land) being portion(s) of the land(s) described in and covered by Royal Patent Grant Number 7534, Land Commission Award Number 8559-B, Apana 7 to William C. Lunalilo) situated, lying and being at Honuainonui, district of North Kona, Island and County of Hawaii, State of Hawaii, and thus bounded and described: Beginning at the south corner of this parcel of land and on the nourteast side of Mamalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU" being 10, 861.67 feet south and 5, 738.46 feet east, and running by azimuths measured clockwise from true South: 1. 148° 02' 00" 100.00 feet along the northeast side of Mamalahoa Highway; 2. 251 ° 27' 30' 143.88 feet; 3. 328° 02' 00" 78.63 feet; 4. 62° 57' 00" 140.47 feet to the point of beginning and containing an area of 12,5000 square feet, more or less. END EXHIBIT "C" PARCEL "A" Being a portion of L.C. Aw. 8559-8, R.P. 7534, Apana 7 to William C. Lunalilo Honuaino 1st, North Kona, Hawaii Beginning at the southwesterly corner of this parcel of land, being also on the east side of the Hawaii Belt Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KEAUHOU", being 10,946.54 feet South and 5,791.42 feet East, thence running by azimuths measured clockwise from True South: 1. 242° 57' 75.25 feet along the remainder of L.C. Aw. 8559-B, R.P. 7534, Apana 7 to William C. Lunalilo; 2. 148° 02' 100.04 feet along same; 3. 242° 57' 65.22 feet along same; 4. 148° 02' 78.63 feet along same; 5. 71° 27' 30" 143.88 feet along same; 6. 148° 02' 14.39 feet along the east side of the Hawaii Belt Road; 7. 251° 27' 30" 216.24 feet along the remainder of L.C. Aw.~ 8559-B, R.P. 7534, Apana 7 to William C. Lunalilo; 8. 328° 02' 200.39 feet along same; 9. 62° 57' 211.11 feet along same; 10. 148° 02' 18.07 feet along the east side of the Hawaii Belt Road to the point of beginning and containing an area of 25,527 square feet or 0.586 acre. DEPARTMENT OF PUBLIC WORKS Bureau of Plans & Surveys County of Hawaii By ~ . Hilo, Hawaii July 10, 1975 EXHIBIT "D"