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Home My WebLink AboutRES 291 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 29~ 06 RESOLUTION AUTHORIZING THE ACCEPTANCE OF 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). BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: WHEREAS, KAIWIKI PROPERTIES is the owner of Lot B-2, situated at Mohowae-Waiopua, Ka`u, Hawaii, identified as being a portion of Tax Map Key:(3)9-3-003-072, consisting of 152 square feet, and more particularly described in Exhibit "A" and delineated on Exhibit "C" attached hereto; and WHEREAS, KAMAOA DEVELOPMENT COMPANY is the owner of Lot C-2, situated at Pu`u`eo, Ka`u, Hawaii, identified as being a portion of Tax Map Key:(3)9-3-003-073, consisting of 17 square feet, and more particularly described in Exhibit "B" and delineated on Exhibit "C" attached hereto; and WHEREAS, 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, which lands were previously owned by Ka`u Agribusiness Co., Inc.; and WHEREAS, Ka`u Agribusiness Co., Inc. and the County of Hawaii 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; and -1- WHEREAS, subdivision approval for the encroachment lots (Lots B-1 and C-2) was granted on July 23, 2003 as Final Subdivision No. 7713; and WHEREAS, 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; and WHEREAS, Article XIII, Section 13-12 of the Hawaii County Charter provides that the Council, on behalf of the County of Hawaii, may accept gifts or donations of real property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that in accordance with Article XIII, Section 13-12 of the Hawaii County Charter, the County of Hawaii accepts the donation of (1) Lot B-2, situated at Mohowae-Waiopua, Ka`u, Hawaii, identified as being a portion of Tax Map Key:(3)9-3-003-072, consisting of 152 square feet, and more particularly described in Exhibit "A" and delineated on Exhibit "C" attached hereto, from Kaiwiki Properties; and (2) Lot C-2, situated at Pu`u`eo, Ka`u, Hawaii, identified as being a portion of Tax Map Key:(3)9-3-003-073, consisting of 17 square feet, and more particularly described in Exhibit "B" and delineated on Exhibit "C" attached hereto, from Kamaoa Development Company, said donations to be made a part of the public right-of--way. BE IT FURTHER RESOLVED that a letters of appreciation be sent to Kaiwiki Properties and Kamaoa Development Company. BE IT FURTHER RESOLVED that the County Clerk shall transmit a copy of this resolution to (1) the Mayor Harry Kim; (2) William Takaba, Director of Finance; (3) Bruce McClure, Director of Public Works; (4) Kaiwiki Properties, 688 Kino`ole Street, Suite 120, Hilo, Hawaii 96720; (5) Kamaoa Development Company, 78-630 Ihilani Place, Kailua-Kona, Hawaii 96740; and (5) Gerald Takase, Assistant Corporation Counsel. 2 Dated at xilo , Hawaii, this 2nd day of May , 2006. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL, ROLL CALL VOTE County of Hawaii Hilo, Hawaii AYES NOES ABS EX ARAKAKI X I hereby certify that the foregoing RESOLUTION was by the xIGA X vote indicated to the right hereof adopted by the COUNCIL of HOFFMANN X the County of Hawaii on May 2 , 2 0 0 6 xOLSCHUH X IKEDA X ATTEST: ISBELL X JACOBSON X PILAGO X SAFARIK X 9 0 0 0 Reference C-759/PWIRC- 4 0 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~ ~ ~ ~ 3 ,i LOT B-2 SAME BEING A PORTION OF GRANT 2720 TO KAHALE WAI AT MOHOWAE-WAIOPUA, KA'U, ISLAND OF HAWAII, HAWAII Beginning at a mag. nail (set) at the northeast corner of this parcel of land, being also the northwest comer of Lot G2, same being a portion of Grant 5041 to George J. Campbell and along the south side of Kamaoa Road, the coordinates of said point of beginning referred to Government SurveyTriangulation Station "KA LAE" being 44,145.63 feet North and 7,675.40 feet East and thence n,nn;ng byazimuths measured clockwise fromtrne South: 1. 343° 15' 2.89 feet along Lot G2, same being a portion of Grant 5041 to George J. Campbell; 2. Thence along Lot B-1, same being a portion of Grant 2720 to Kahalewai, on a curve to the left, with a radius of 60.00 feet, the chord azunuth and distance being: 32° 37' 26" 40.74 feet; 3. 192° 46' 34" 32.94 feet along the east side of South Point Road to a mag. nail (set); 4. 250° 19' 14.71 feet along the south side of Kamaoa Road to the point of beginning and containing an area of 152 Square Feet. SUBJECT, HOWE VER, to a portion of E asement W-1 for Waterline Purposes in favor of the Deparunent of Water Supply, County of Hawaii, being thirty (30) feet wide along the east side of South Point Road to the intersection with Kamaoa Road. -1- 420 Waiakamilo Road /II Planning Suite 411 ~``I Engineering Honolulu Hawaii 96817-4941 Environmental Services Telephone 808 8421133 Photogrammetry Faz 8088421937 R. M. TOWILL CORPORATION surveying entail rmtowill®i-one.<om s i n c e r s a o Construction Management E~-IIBIT "A" ,i QJ~~~L F~G(i~c~9 LICENSED v Descri tion Pre ared b PROFESSIONAL P P Y * SURVEYOR * R M. TOWILL CORPORATION No. 4729 / y~~'All, V SP / 73-5574 Maiau Street, Suite 11 Russell Figue~ Kailua-Kona, Hawaii 96740 Licensed Professio d Surveyor July 31, 2003 Certificate Number 4729 -z- 420 Wawkamilo Road ~I I Planning Suite 411 ~``I Engineering Honolulu Hawaii 96817-d941 Environmental Services Telephone BOB 842 1133 Photogrammetry Fan BOB 8421937 R. M. TOWILL CORPORATION Surveying entail rmtowill~i-one.com s i rv <e i e 3 o Construction Management LOT G2 SAME BEING A PORTION OF GRANT 5041 TO GEORGE J. CAMI'BELL AT PUUEO, KA'U, ISLAND OF HAWAII, HAWAII Begirmittg at a mag nail (set) at the northwest comer of this parcel of land, being also the northeast comer of Lot B-2, same being a portion of Grant 2720 to Kahalewai and along the south side of Kamaoa Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KA LAE" being 44,145.63 feet North and 7,675.40 East and thence n,nn;ng by azimuths measured clockwise from true South: 1. 250° 19' 18.24 feet partly along the north side of a rockwall, same being also along the south side Kamaoa Road; 2. Thence along Lot G 1, same being a portion of Grant 5041 to George J. Campbell, on a curve to the left with a radius of 60.00 feet, the chord azimuth and distance being: 61° 23' 39" 18.61 feet 3. 163° 51' 2.89 feet along Lot B-2, being a portion of Grant 2720 to Kahalewai to the point of beginning and containing an area of 17 Square Feet; and SUBJECT, HOWEVER, the following easements: Portion of Easement 1 For Access and Utility Purposes In Favor of Royal Patent 7076, Land Commission Award 9565 to Hukiku; Easement W-3 For Water Pipeline Purposes In Favor of the Department of Water Supply, County of Hawaii, being thirty (30) feet wide along the east side of South Point Road to the intersection with Kamaoa Road; SUBJECT', ALSO to an unlocated forty (40) foot wide road through the subject lot, into the Government Land of Kamaoa as noted in Grant 5041 to George J. Campbell. -1- 420 Waiakamilo Road ~ ~ I Planning 1K Suite 471 Engineering Honolulu Hawaii 96817-4947 Environmental Services Telephone 808 B42 1133 Photogrammetry Paxeoea42193~ R. M. TOWILL CORPORATION Surveying entail rmtowill®i-one.com sin < e , v a o Construction Management )~~BIT „B„ J~~~L Fl~~~i Q' LICENSED 99 Description Prepared by P~OFESSIONgL * suRVEVOr~ * R M. TOWILL CORPORATION No. 4729 y~~'Al1, ~ S P~ 73-5574 Maiau Street, Suite 11 Russell Figueiroa Kailua-Kona, Hawaii 96740 Licensed Professio d Surveyor July 31, 2003 Certificate Number 4729 -2- 420 Waiakamilo Road ~ I I Planning Suite 411 Engineering Honolulu Hawaii 96817-0941 Environmental Services Telephone 8088421733 R. M. TOWILL CORPORATION Ph sarvreyinget" Fax 808 8421937 entail rmtowill®i-one.com s i rv c e t v a o ConstruRion Management ~ I Lvt (r2 i~0 r i b•~ / Mag.Natl ~q1\ / (seU L~ &'2 / / Easement W-3 / \ 152 5q. 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